HomeMy WebLinkAboutContract 41470 CITY SECRETARY
CONTRACT N0. I O
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home-rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
Dunaway Associates, L.P., (the "ENGINEER"), for a PROJECT generally described as:
Wesleyan Hills Drainage Improvements Project.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
7 days' written notice to CITY, suspend services under this AGREEMENT until
City of Fort Worth.Texas
Standard Agreement for Engineering Related Design Services
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CITY SECRETARY
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paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
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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.
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(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work,
materials, or equipment has passed to the CITY free and clear of liens, claims,
security interests, or encumbrances; or that there are not other matters at issue
between the CITY and the construction contractor that affect the amount that
should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (MIWBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, as amended, the City
has goals for the participation of minority business enterprises and woman
business enterprises in City contracts. Engineer acknowledges the M/WBE
goal established for this contract and its accepted written commitment to
M/WBE participation. Any misrepresentation of facts (other than a
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misrepresentation) and/or the commission of fraud by the Engineer may result
in the termination of this Agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this contract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of the
ENGINEER involving transactions relating to this contract. ENGINEER agrees
that the CITY shall have access during normal working hours to all necessary
ENGINEER facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this
section. The CITY shall give ENGINEER reasonable advance notice of
intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this article together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella, if any. This
insurance shall apply as primary insurance with res any nthpr
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insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto—the ENGINEER shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of"any auto", including owned, hired, and non-owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non-owned is acceptable.
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.
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(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of$25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first-dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
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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.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
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changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with
the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
City of Fort Worth,Texas
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;IIAL RECORD
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E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER's negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the ENGINEER
for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by the
ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
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(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
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service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of the
CITY of any such instruments of service without the written permission of the
ENGINEER will be at the CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
C.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit
to the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule, commitment
and cost of the ENGINEER' personnel and subcontractors, anrEN '
compensation will be made.
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F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or may
be enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be
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considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
CNA -
City of Fort Worth,Texas
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PMO Official Release Date 9 22 2010
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B—Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the DS!�day of F& •, 20 II .
ATTEST: CITY OF F--ORRT WORTH
Marty Hendrix oR.. q Fernando Costa
City Secretary pp O4 00000000 Assistant City Manager
APPROVED AS TO FORM �6,PROVAL RECOMMENDED
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By:
Assistant City Attorney a�nn 4%p DU.-()Cting)m Transportation/Public
_a Works Department
Contract Authoriaatioi Dunaway Associates, L.P.
Date
a : Toby K. Ford, P.E.
Vice President
By:
City of Fort Worth.Texas rOFFICIAL RECORD
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 9 22 2010 SECRETARY Page 15 of 15 ORTH, TX
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
The objective of this project is to eliminate flooding problems located on Wesleyan Drive at
the intersection with Strong Avenue.
A Drainage Study for the Wesleyan Hills Drainage Improvements was prepared by A.N.A.
Consultants, L.L.C., on April 23, 2010, for the City of Fort Worth Transportation & Public
Works Department, which recommended the following improvements:
• Addition of three new inlets @ the Wesleyan/Strong intersection.
• Replacement of existing storm drain between Strong Ave and Mitchell Blvd to
increase capacity.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design
Task 3. Preliminary Design
Task 4. Final Design
Task 7. ROW/Easement Services
Task 8. Survey Services
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• 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.
City of Fort Worth Texas
Attachment A
PMO Release Date 08/27/2010 OFFICIAL RECORD
Page 1 of 12 CITY SECRETARY
FT. WORTH, TX
• Conduct review meetings with the CITY at the end of each design phase.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the respective
CITY Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative monthly, as required in Attachment D to this Standard
Agreement and according to the City of Fort Worth's Schedule Guidance Document.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at
the end of the project.
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design.
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to meet
their requirements, as part of the design scope.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub-consultants shall carry readily visible
information identifying the name of the company and the company representative.
ASSUMPTIONS
• Meetings with the City include: pre-design/kickoff meetings (up to 3), 30%, 60%,
90% and 100% design review meetings.
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop,
communicate through the defined deliverables, and recommend the design c
City of Fort Worth Texas OFFICIAL RECORD
Attachment A
PMO Release Date 08/27/2010 CITY SECRETARY
Page 2 of 12
FT WORTHS TX
successfully addresses the design problem, and to obtain the CITY's endorsement of this
concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
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 perform conceptual design computations for improvements to the
existing storm drain system between Strong Avenue and Mitchell Boulevard.
The computations will include one alternative storm drain improvement alignment
along Strong Avenue between Wesleyan Street and Mitchell Boulevard, and
Mitchell Boulevard from the Strong Avenue intersection north to the existing
storm drain system.
• Delineate the watershed based on contour data and field verification and
document existing street, right-of-way and storm drain capacities for the
subject site. A drainage area map will be drawn at maximum 1" = 200' scale
from available 2-foot contour data with the contours labeled. Data 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 as-built drawings for the existing downstream
storm drain system (S-2211) will be utilized to estimate the starting hydraulic
grade line (HGQ elevation for the proposed storm drain improvement design
calculations.
• The ENGINEER's responsibility includes recommendations for improvements
of the existing system as deemed reasonable and consistent with CITY
standards.
• ENGINEER will perform a detention analysis to estimate the pond storage
volume required so that the peak storm water runoff of the 97-acre area south of
City of Fort Worth Texas
Attachment LOFFICIAL RECORD PMO Rele ase Date 08/27/2010 Page 3 of 12 RETARY TH,TX
Berry Street under the future ultimate development conditions is at or below the
capacity of the existing storm drain system within Wesleyan Street. The
detention analysis will provide a conceptual volume only and will not include
development of a detailed detention pond grading or detailed design of structures
associated with a future detention pond.
• Develop a unit hydrograph of the estimate storm water runoff to the detention
pond location south of Berry Street, opposite Wesleyan Street.
• Develop a rating curve of the hydraulic grade line elevation in the existing
storm drain system in Wesleyan Street to use as the outlet structure of a
future detention facility.
• Route the unit hydrograph through a conceptual detention pond configuration
to verify the detention storage volume required corresponding to a peak
outflow consistent with the design discharge of the existing storm drain
system in Wesleyan Street.
2.3. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) to Quality Level B, as described below.
The SUE shall be performed in accordance with Cl/ASCE 38-02.
Quality Level D
• Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.), to help identify utility owners that
may have facilities within the project limits or that may be affected by the project.
• Collect applicable records (e.g., utility owner base maps, "as built' or record
drawings, permit records, field notes, geographic information system data, oral
histories, etc.) on the existence and approximate location of existing involved
utilities.
• Review records for: evidence or indication of additional available records;
duplicate or conflicting information; need for clarification.
• Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets, electronic files, and/or other documents as
required. Exercise professional judgment to resolve conflicting information. For
information depicted, indicate: utility type and ownership; date of depiction;
quality level(s); end points of any utility data; line status (e.g., active, abandoned,
out of service); line size and condition; number of jointly buried cables; and
encasement.
Quality Level C (includes tasks as described for Quality Level D)
• Identify surface features, from project topographic data and from field
observations, that are surface appurtenances of subsurface utilities.
• Include survey and correlation of aerial or ground-mounted utility facilities in
Quality Level C tasks.
• Survey surface features of subsurface utility facilities or systems.
• The survey shall also include (in addition to subsurface utility features visible at
the ground surface): determination of invert elevations of any manholes and
vaults; sketches showing interior dimensions and line connections of such
City of Fort Worth.Texas E RECORD
Attachment A
PMO Release Date 08/27/2010 RETARY Page 4 of 12 TH,TX
manholes and vaults; any surface markings denoting subsurface utilities,
furnished by utility owners for design purposes.
• Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
• Update (or prepare) plan sheets, electronic files, and/or other documents to
reflect the integration of Quality Level D and Quality Level C information.
• Recommend follow-up investigations (e.g., additional surveys, consultation with
utility owners, etc.) as may be needed to further resolve discrepancies.
• Provide Quality Level C to identify overhead utilities on the project and provide
the overhead utility information on the SUE plan sheets.
Level B (includes tasks as described for Quality Level C)
• Select and apply appropriate surface geophysical method(s) to search for and
detect subsurface utilities within the project limits, and/or to trace a particular
utility line or system.
• Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for
marking of lines.
• Unless otherwise directed, mark centerline of single-conduit lines, and outside
edges of multi-conduit systems.
• Resolve differences between designated utilities and utility records and surveyed
appurtenances.
• Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical
methods, exploratory excavation, or upgrade to Quality Level A data.
• As an alternative to the physical marking of lines, the ENGINEER may, with
CITY's approval, utilize other means of data collection, storage, retrieval, and
reduction, that enables the correlation of surface geophysical data to the project's
survey control.
2.4. Pollutant Removal
• Where feasible, ENGINEER will design new flood control structures to provide
pollutant removal from storm water. ENGINEER will suggest feasibility of flood
control structures during the conceptual design submittal. If it is determined that the
City would like to incorporate the recommended design of pollutant removal
structures in this project a contract amendment will be made to this scope of
services.
2.5. The Conceptual Design Package shall include the following:
• Written summary of the design concept for replacing the existing storm drain
system in place and of one alignment alternative from the sump location at
Strong Ave and Wesleyan heading west in Strong Ave, then north in Mitchell
Blvd and connecting with the existing storm drain system in Mitchell Blvd, with
consideration given to strengths and weaknesses, cost comparison, and the
rationale for selecting the recommended design concept. Recommendations will
be based on the Drainage Study of Wesleyan Hills Drainage Improvements
City of Fort Attachment Aorth Texas LOFFICIAL RECORD
Page PMO Release Date 0812712010 CRE7ARY RTH,TX
prepared for the City of Fort Worth Transportation and Public Works by A.N.A.
Consultants, L.L.C., dated April 23, 2010.
• Written summary of the detention analysis summarizing the approach taken,
assumptions made, and conclusion reached regarding the amount of detention
storage needed to accomplish the desired peak flow reduction.
• Written summary of the feasibility of flood control structures.
• Cover sheet
• Drainage area map with supporting drainage computations in the CITY's
standard tabular format.
• SUE Plan sheets sealed by a licensed professional engineer registered in the
State of Texas.
• Horizontal alignment(excluding profiles) of proposed storm water improvements,
including existing lot layout, streets, street right-of-way, proposed easements,
and existing utilities gathered during the SUE within the project limits.
• Proposed phasing of water, sanitary sewer, street and drainage work
documented in both the project schedule and narrative form.
• Documentation of key design decisions (Project Decision Log).
• Estimates of probable construction cost.
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth
Storm Water Management Design Manual, March 2006.
• The SUE and SUE plan sheets shall be in accordance with CI/ASCE 38-02.
• 8 copies of the conceptual design package will be delivered. Drawings will
be half size (11" x 17") and reports on letter size (8-1/2" x 11").
• DWF files created from design CAD drawings and reports in .pdf format will be
uploaded to the designated project folder in Buzzsaw
ENGINEER shall not proceed with 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:
City of Fort Worth Texas
Attachment A EOFFICIAL RECORD
PMO Release Date 08/27/2010 RETARY Page 6 of 12 RTH,TX
• Cover Sheet
• Drainage area maps showing proposed improvements with drainage calculations
and hydraulic computations in accordance with the City of Fort Worth Storm
Water Management Design Manual, March 2006.
• A Project Control Sheet, showing all Control 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
sewer mains, existing utilities gathered during the SUE and existing utility
easements within the project limits.
• No less than two bench marks per plan/profile sheet.
• The ENGINEER will prepare standard and special detail sheets that are not
already included in the City's standard details. These may include connection
details between various parts of the project, tunneling details, boring and jacking
details, waterline relocations, details unique to the construction of the project,
trenchless details, and special service lateral reconnections.
3.2. Geotechnical Investigation
• Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions will be
made. In addition to the above investigations, borings and appropriate field and
laboratory analysis will be made at reasonable intervals along the project
alignment for the Contractor's use in determining soil conditions for preparing
bids and a Trench Safety Plan.
• The ENGINEER shall prepare a detailed geotechnical engineering study in
conformance with the City of Fort Worth Pavement Design Standards Manual,
2005. The study shall include recommendations regarding utility trenching and
identifying existing groundwater elevation at each boring.
3.3 Constructability Review
• Prior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information to the CITY in
writing.
City of Fort worth Texas rOFFICIAL RECORD
Attachment A
PM�O Release Date 08/27/2010 SECRETARY
WORTH, TX
3.4 Public Meeting
• After the preliminary plans have been reviewed and approved by the CITY, the
ENGINEER shall prepare project exhibits, and attend public meeting to help
explain the proposed project to residents. The CITY shall select a suitable
location and mail the invitation letters to the affected customers. The ENGINEER
shall coordinate with CITY GIS staff to identify affected property owners/residents
and develop a spreadsheet listing addresses of those to invite to the public
meeting.
3.5 Utility Clearance
• The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, and government agencies to determine the approximate location
of above and underground utilities, and other facilities (current and future) that
have an impact or influence on the project. ENGINEER will design CITY facilities
to avoid or minimize conflicts with existing utilities, and where known and
possible consider potential future utilities in designs.
• The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in Buzzsaw for
forwarding to all utility companies which have facilities within the limits of the
project. The DWF files should be created directly from the CAD files as opposed
to PDF files.
3.6 Traffic Control Plan
• Develop a traffic control plan utilizing standard traffic reroute configurations
posted as "Typicals" on the CITY's Buzzsaw website. The typicals need not be
sealed individually, if included in the sealed contract documents.
• Develop supplemental traffic control drawings as needed for review and approval
by the Traffic Division of the Transportation and Public Works Department.
These drawings shall be sealed by a professional engineer registered in the
State of Texas.
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 12 feet each will be provided.
• Traffic Control "Typicals"will be utilized to the extent possible. It is assumed that
one project specific traffic control plan will be developed if required due to
realignment of the existing storm drain system.
• 2 copies of the geotechnical report will be delivered to the CITY.
• 0 full size plans will be delivered for Utility Clearance.
• 5 half size and 1 full size plans will be delivered for Constructability Review.
• 10 half size and 1 full size drawings will be delivered for Preliminary eslgn.
City of Fort worth Texas OFFICIAL RECORD
Attachment A
PMO Release Date 08/27/2010 CITY SECRETARY
Page 8 of 12
FT. WORTH, TX
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw.
• ENGINEER will attend one public meeting and one constructability review
meeting and site visit.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
DELIVERABLES
A. Preliminary Design drawings
B. Utility Clearance drawings
C. Geotechnical Report
D. Documentation of key design decisions (Project Decision Log)
E. Estimates of probable construction cost
F. Public Meeting exhibits
G. Traffic Control Plans
TASK 4. FINAL DESIGN (90 PERCENT)AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT).
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
• Final draft construction plans and specifications shall be submitted to CITY per the
approved Project Schedule.
• The ENGINEER shall submit a final design estimate of probable construction cost with
the final design plans submitted. This estimate shall use ONLY standard CITY bid items.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan
sheet shall be stamped, dated, and signed by the ENGINEER registered in State of
Texas.
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth Storm
Water Management Design Manual, March 2006.
• 10 half size and 2 full size drawings and 2 specifications will be delivered for the
90% design.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• 2 full size drawings and 2 specifications will be delivered for the 100% design.
City of Fort Worth.Texas ^Y
Attachment OFFICIAL RECORD
PMO Release Date.08/27/2010
Page 9 of 12
CITY SECRETARY
FT. WORTH, TX
• A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• Estimated final sheet list to include the following: Cover, Legend & Index, Project
Control, Easement Layout, Drainage Area Map, Hydraulic Calculations, Plan & Profile
Sheets (3), Inlets & Laterals, Details, Traffic Control Plans
DELIVERABLES
A. 90% construction plans specifications.
B. 100% construction plans and specifications.
C. Documentation of key design decisions (Project Decision Log).
D. Detailed estimates of probable construction cost for the authorized construction project,
including summaries of bid items and quantities using the CITY's standard bid items and
format.
E. Original cover mylar for the signatures of authorized CITY officials.
TASK 6. BID PHASE SERVICES.—[N/A]
TASK 6. CONSTRUCTION PHASE SERVICES.—[N/A]
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and easements as outlined
below, per 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 information and recommendations will be made
for approval by the CITY.
7.2 Right-of-Way/Easement Preparation and Submittal.
• The ENGINEER shall prepare documents to be used to obtain 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.
ASSUMPTIONS
• The number of Permanent and Temporary Construction Easements will consist
of 2, number of parcels will consist of 2 and the number of copies will consist of 3
• Right-of-Way research includes review of property/right-of-way records based on
current internet based Tarrant Appraisal District (TAD) information available at
the start of the project and available on-ground property information (i.e. iron
City of Fort Worth Texas
Attachment OFFICIAL RECORD
PMO Release Date 08/27/2010 CITY SECRETARY
Page 10 of 12
FT. WORTH, TX
rods, fences, stakes, etc.). It does not include effort for chain of title research,
parent track research, additional research for easements not included in the
TAD, right-of-way takings, easement vacations and abandonments, right-of-way
vacations, and street closures.
DELIVERABLES
A. Easement exhibits and metes and bounds provided on CITY forms
TASK 8. SURVEY.
ENGINEER will provide survey support as follows.
8.1 Design Survey
• ENGINEER will perform field surveys to collect horizontal and vertical elevations
and other information needed by ENGINEER in design and preparation of plans
for the project. Information gathered during the survey shall include topographic
data, utilities as required by the SUE, structures, trees (measure caliper, identify
overall canopy, and have qualified arborist identify species of trees), and other
features relevant to the final plan sheets. Existing drainage at intersections will
be verified by field surveys. Spot elevations will be shown on intersection layouts
with cross slope to fit intersecting grade lines.
• The minimum survey information to be provided on the plans shall include the
following:
— A Project Control Sheet, showing ALL Control Points, used or set while
gathering data. Generally on a scale of not less than 1:400:
— The following information about each Control Point;
a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on CITY Datum only.
c. Descriptive Location (Ex. Set in the centerline of the inlet in the South
curb line of North Side Drive at the East end of radius at the Southeast
corner of North Side Drive and North Main Street).
8.2. Temporary Right of Entry Preparation and Submittal
• Prior to entering property for field survey, the ENGINEER shall prepare, mail and
request Temporary Right of Entry from landowners.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
8.3. Construction Survey— [N/A]
TASK 9. PERMITTING. — [N/A]
City of Fort Worth Texas OFFICIAL RECORD
Attachment A
PMO Release Date 08/27/2010 CITY SECRETARY
Page 11 of 12
FT. WORTH, TX
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if
needed, upon the CITY's written request. Any additional amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
additional services include the following:
• Negotiation of easements or property acquisition.
• 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.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
• Bid phase and construction phase services are not included in this scope of
services.
• This scope of services does not include the design of special storm drain
junction structures, sanitary sewer and storm drain conflict structures or utility
crossing adjustments. It is assumed that the City's standard storm drain
manholes will be used. If special junction structures, conflict structures or utility
crossing adjustments are required, design of these will be added by contract
amendment at a later date.
• Preparation of an erosion control plan or SWPPP are not included in this scope
of service.
OFFICIAL RECORD
City of Fort Worth Texas CITY SECRETARY
Attachment A
PMO Release Date 08/27/2010 FT. WORTH, TX
Page 12 of 12
ATTACHMENT B
COMPENSATION
Design Services for
Wesleyan Hills Drainage Improvements Project
City Project No. 01608
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $128,957.00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV— Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth.Texas r0FF71-%-.#lAL RECORD Attachment B PMO Official Release Date 5 19 2010 Y $�C�cETARY Page 1 of 3 . WORTW TX
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount
Prime Consultant
Dunaway Associates, Engineering & Project $102,507.00 79
L.P. Management
Proposed M/WBE Sub-Consultants
Gorrondona & Topographic Survey, SUE, $26,450.00 21
Associates, Inc. Easement Documents &
Geotechnical Bores
Non-M/WBE Consultants
TOTAL $128,957.00 100%
Project Number & Name Total Fee M/WBE Fee M/WBE %
City Project No. 01608 $128,957.00 $26,450.00 21%
Wesleyan Hills Storm Water
Improvements
City M/WBE Goal = 21% Consultant Committed Goal = 21 %
City of Fort Worth Texas
rOFFICIAL RECORD
Attachment8 LCIsTARY PMO Official Release Date 5 19 2010 //��Page 2 of 3 WVRTI�I, 6,2
l_
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
rOFFICIAL RECORD
City of Fort Worth Texas
Attachment SECRETARY
PMO Official Release Date 5 19 2010 WO f�TH, TX
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Wesleyan Hills Drainage Improvements Project
City Project No. 01608
No changes to the Standard Agreement.
OFFICIAL RECORD
CITY SECRETARY
City of Attachment Worth Texas FT. (NORTH, TX
PMO Release Date 05 19 2010
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ATTACHMENT "E"
Aw 19m
WESLEYAN HILLS AV Na
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STORM DRAINAGE IMPROVEMENTS w Is
MAPSCO 78S soo a soo Toro
COUNCIL DISTRICT 8
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/4/2011
DATE: Tuesday,January 04,2011 REFERENCE NO.: **C-24670
LOG NAME: 20SCOPE WESLEYAN HILLS
SUBJECT:
Authorize an Engineering Agreement in the Amount of$128,957.00 with Dunaway Associates,L.P.,for the
Wesleyan Hills Drainage Improvements Project(COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the City
Manager to execute an engineering agreement with Dunaway
Associates,L.P.,in the amount of$128,957.00 for scope
assessment of Wesleyan Hills Drainage Improvements Project.
DISCUSSION:
The Storm Water Management Program was established to reduce
flooding in Fort Worth,preserve streams, minimize water
pollution, and to operate the storm water system in a more effective
manner to fully comply with state and federal regulatory
requirements. This will be accomplished by infrastructure
reconstruction and system maintenance, master planning,enhanced
development review,and increased public education and outreach.
On September 22,2009,(Ordinance No. 18838-09-2009)the City
Council approved the issuance and sale of$45,000,000.00 in
revenue bonds for the Storm Water Capital Projects Bond 2009
Fund, to fund a two—year storm water capital project program.
A Request for Qualifications(RFQ)to provide drainage design
was issued by the City in March of 2010 and 61 design consultants
submitted statements of qualifications, including Dunaway
Associates,L.P.,(Dunaway Associates).Dunaway Associates was
selected to study the drainage in this area and to provide scope
assessment services for any identified drainage improvements for
the Wesleyan Hills Drainage Improvements Project(City Project
No.01608).
During rain events the intersection of Wesleyan Drive and Strong
Avenue has flooded, and the roadway has been overtopped.
The scope assessment services for the subject engineering
agreement will include identification,development and
recommendation of design improvements. OFFICIAL RIoCORD
CITY SE,Vi""1E<TARY
FT. WORM TX
The scope of services for the study include the following: field
survey, subsurface utility engineering,data acquisition,hydrologic
and hydraulic analysis, alternative analysis,construction cost
estimating, and preparation of a drainage study report. Should a
drainage improvement project result from the study,the agreement
with Dunaway Associates,L.P., will likely be amended to increase
the scope of their services to include full engineering design.
Dunaway Associates,L.P.,proposes to perform the scope
assessment services for a lump sum fee of$128,957.00. City staff
considers the fee to be fair and reasonable for the scope of services
proposed.
Dunaway Associates,L.P.,is in compliance with the City's
MWWBE Ordinance by committing to 21 percent MWWBE
participation. The City's goal on the project is 21 percent.
This project is located in COUNCIL DISTRICT 8,Mapsco 62M
and H,63E and J.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds
are available in the current capital budget,as appropriated,of the
Storm Water Capital Projects Bond 2009 Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
P227 531200 208280160830 $128.957.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: William Verkest (7801)
Additional Information Contact: Vibhuti Pandey (2424)
ATTACHMENTS
1.01608 MWBE Compliance Annroved.pdf
2.FAR-01608-00001—Design4&
3. fundingverification.doc
4. M AND C 01608.ndf