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Contract 41704
CITY SECRETARY CITY OF FORT WORTH, TEXAS CONTRACT NO. 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 Shield Engineering Group, PLLC, (the "ENGINEER"), for a PROJECT generally described as: Lake Crest 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 EnyMMMtg ReIMM D%W$ennces PMO Official Releate Date;9.22.2010 Page 1 of 15 ` •Y i i t I 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 thO necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 9.22 2010 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible 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 worts or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:9.22.2010 Page 3 of 15 (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth.Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 9 222010 Page 4 of 15 misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance 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 respect to any other City of Fort Worth.Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 9 22 2010 Page 5 of 15 insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Servtm PMO Official Release Date:9.22 2010 Page 6 of 15 (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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 9,22.2010 Page 7 of 15 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 City of Fort Worth.Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 9.22.2010 Page 8 of 15 changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 9 22.2010 Page 9 of 15 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:9.22.2010 Page 10 of 15 (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of City of fort Worth.Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 9 22.2010 Page 11 of 15 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 CITYSs 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 PROJECTs schedule, commitment and cost of the ENGINEERSs personnel and subcontractors, and ENGINEERSs compensation will be made. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 9 22 2010 Page 12 of 15 F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govem the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 9 22.2010 Page 13 of 15 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. City of Fort Worth.Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 9 22.2010 Page 14 of 15 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, 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 -�,Y"day of Xf c. , 2011 . ATTEST: CITY OF FORT WORTH Marty Hendrix .aq FO) Fernando Costa City Secretary .�o"000 °a°0o*$�� Assistant City Manager . � 00 APPROVED A TO FORM Al"-E 11. J40ROVAL RECOMMENDED °00 °°o .0*p' By: a j ° " ° : Assistant City Attorney lAVunV�- G I Si ons, P.E. Acti rector, Transportation/Public Works Department \o Shield Engineering Group, PLLC ontract Authorizatios i :',i to ean-Marie' Alexa er CEO By: OF?- City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:9 22 2010 Page 15 of 15 7 ATTACHMENT "A" Scope for Engineering Design Related Service for Lake Crest Drainage Improvements 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 section, "ENGINEER" is expanded to include any sub- consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE Lake Crest Subdivision was constructed in an unincorporated area of Tarrant County which was later annexed into the CITY of Fort Worth. The subdivision utilizes borrow ditches for storm water conveyance. The subdivision has experienced severe flooding of streets and homes at various locations. The CITY contracted a drainage study (Lake Crest Drainage Study— CFW Project#SWS- 003)to identify causes for flooding and to recommend options. The purpose of the Lake Crest Drainage Improvement project is to provide engineering services and combine site visits, the drainage study, and resident complaints to provide construction plans and contract documents for the construction of a storm drain system to alleviate flooding in the subdivision. Work to be Performed Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. ROW/Easement Services Task 6. Survey Services Task 7. Permitting Task 1. Design Management ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1 Manage the Team 1.1.1 Conduct internal team meetings 1.1.2 Ensure Quality Assurance/Quality Control tasks are performed throughout the project 1.2 Communication and Reporting 1.2.1 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 1.2.2 Conduct and document weekly design team meetings 1.2.3 Conduct and document monthly project update meetings with CITY Project Manager and other required CITY personnel 1.2.4 Conduct review meetings with the CITY at the end of each design phase 1.2.5 Prepare and submit baseline project schedule CITY of fort Worth,Texas Attachment A PMO Release Date 06/21/2010 Page 1 of 14 1.2.6 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. 1.2.7 Prepare and submit monthly Progress Reports in the format provided by the respective CITY departments 1.2.8 Complete monthly M/WBE report form and Final Summary Payment Report Form at the end of the project 1.2.9 Prepare invoices and submit monthly in the format requested by the CITY 1.2.10 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 • Pre-design kickoff meeting shall include, from the design team, Project Director and Project Manager. Pre-design kickoff meeting shall include time to discuss the Lake Crest Drainage Study and to request any clarifications, data, etc. to be added into the study • Weekly team meetings will include the entire design team. Twenty (26) team meetings are included in this scope • Monthly project update meetings will include at least two (2) design team representatives. Design Team Project Manager will notify CITY Project Manager well in advance of the necessity to include additional CITY personnel at monthly meetings. Monthly progress meetings shall be held during the design phase of this project and end after final design is delivered. Seven (7) monthly meetings are included in this scope • Review meetings shall be held at the end of the Conceptual, Preliminary, and Final design phases, for a total of three (3) design review meetings. A minimum of two (2) design team representatives shall attend each review meeting • Baseline Schedule shall initially be submitted with the project contract and updated monthly as required with narrative detailing schedule changes. A total of seven (7) schedule updates are included in this scope • Seven (7) monthly progress reports are included in this scope • Seven (7) monthly M/WBE reports are included in this scope • Seven (7) monthly invoice submittals are included in this scope • Permitting fees shall be the responsibility of the CITY, and shall be paid in full by the CITY DELIVERABLES A. Meeting Summaries with action items (7 monthly and 3 submittal meetings for a total of 10 summaries) B. Monthly invoices (total of 7) C. Monthly progress reports (total of 7) D. Baseline design schedule (total of 1) E. Monthly schedule updates (total of 7) F. Monthly M/WBE Report Form and Final Summary Payment Report Form (total of 8) CITY of Fort Worth,Texas Attachment A PMO Release Date 06/21/2010 Page 2 of 14 TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. For the purposes of this scope, the Lake Crest Drainage Improvement Conceptual Design, as well as Preliminary and Final Design, is limited to Phase 1 & 2, which includes Drainage Basins B,C,D,E, F, H, and J. The design is focused primarily on the priority locations as defined by the Lake Crest Drainage Study—CFW Proiect#SWS-003(see attached exhibit). Phase 1 &2 is further described in the survey task, Task 6.1. At the City's request, design services for Phases 3 and 4 will be provided in an amendment at the time the City decides analysis and improvements are necessary. • Phase 1 includes Design Points 1, 2, 3, 4, and 5 and Drainage Basins B, C, D, E, and J; as defined in the Lake Crest Drainage Study— CFW Proiect#SWS-003; • Phase 2 includes Design Point 6 and Drainage Basins F and H as defined in the Lake Crest Drainage Study— CFW Proiect#SWS-003; • Not Included: Phase 3 includes Design Point 7 and Drainage Basin G; and • Not Included: Phase 4 includes Drainage Basin A ENGINEER will develop the conceptual design of the infrastructure as follows: 2.1. Site Visit 2.2 Lake Crest Drainage Study Review and Clarifications 2.3 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 Tax Assessor's office. Should water service line replacement be required, 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. 2.4 Drainage Computations 2.4.1 ENGINEER will delineate the watershed based on contour data and field verification and document existing street, right-of-way and storm drain capacities for the subject site. A drainage area map will be drawn at maximum 1"=200' scale from field survey and available 2-foot contour data with contours labeled. Data source and year will be provided by the CITY. 2.4.2 Existing Drainage Computations Calculations regarding street and right-of-way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Capacities of existing storm drain will be calculated and shown. All calculations shall conform to CITY criteria delineated in the CITY's Storm Water Management Design Manual. All locations in the project area where 100-year runoff exceeds available storm drain and right-of-way capacities shall be clearly identified. The ENGINEER's responsibility includes CITY of Fort Worth,Texas Attachment A PMO Release Date 06/21/2010 Page 3 of 14 recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. 2.5 Subsurface Utility Engineering SUBCONSULTANT will perform the SUE work required for this project in general accordance with the recommended practices and procedures described in ASCE Publication CI/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). As described in the mentioned ASCE publication, four levels have been established to describe the quality of utility location and attribute information used on plans. The four quality levels are as follows: • Quality Level D (QL"D")—Information derived from existing records; • Quality Level C (QL"C) - QL"D" information supplemented with information obtained by surveying visible above-ground utility features such as valves, hydrants, meters, manhole covers, etc. • Quality Level B (QL"B") — Two-dimensional (x,y) information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as "designating" this quality level provides the approximate horizontal position of subsurface utilities within approximately one foot. • Quality Level A (QL"A") — Also known as "locating", this quality level provides precise three dimensional (x,y,z) information at critical locations by exposing specific utilities. Non-destructive vacuum excavation equipment is used to expose the utilities at specific points which are then tied down by survey. It is the responsibility of the SUE provider to perform due-diligence with regard to records research (QL "D") and acquisition of available utility records. The due-diligence provided for this project will consist of reviewing the "As-Built' documents previously compiled by others. SUBCONSULTANT understands this project, known as the Lake Crest drainage study located in NW Fort Worth, Texas to consist of Subsurface Utility Engineering (SUE) services associated with drainage improvements for the Lake Crest subdivision. This scope is based on Phase 1 and 2 as shown on the drainage area map demarked and provided by the Client. The SUBCONSULTANT understands that survey is to be performed by others. SUBCONSULTANT will produce SUE drawings and CADD files to be incorporated into the construction plans. SUBCONSULTANT has broken down the price in accordance with the highlighted drainage area map. SUBCONSULTANT feels that in order to maximize the use of SUE, SUBCONSULTANT will perform Level "C&D" SUE service during the topo phase of the project. Once the topo is complete and construction drawings progress SUBCONSULTANT will work with Shield Engineering to review utilities and locations which may require Level "BA services, and additionally, conflicts with proposed alignments where Level "A" services will be required. With regard to the priority section, SUBCONSULTANT has estimated that the underground utilities consist 12,000 utility linear feet of water, gas, fiber, sanitary sewer, and buried telephone. SUBCONSULTANT can perform Level "C&D". SUBCONSULTANT will produce CADD files and plans depicting the utilities to be incorporated into the construction plans. SUBCONSULTANT has reviewed the remaining areas and can produce a Level "C&D" map of the entire subdivision if desired by the client. For Level "B" designation services in the priority section, SUBCONSULTANT will produce SUE plans and CADD. SUBCONSULTANT is committed to work closely with Shield in confirming all utilities needing to be designated and will work with Shield to designate only the areas needed for the construction drawings. Only the utilities that are designated will be charged for. CITY of Fort Worth,Texas Attachment A PMO Release Date 06/21/2010 Page 4 of 14 SUBCONSULTANT will help review the plans and help to look for areas in savings for both utility adjustments and or different construction methods. For Level "A"test holes SUBCONSULTANT will work with Shield to minimize the number of holes needed. SUBCONSULTANT has estimated that 10 holes will be necessary for this project. 2.6 Conceptual Plan Design 2.6.1 Base file setup 2.6.2 Schematic layouttrecommendations for overall Hydraulic Analysis of Phase 1 & 2 of Lake Crest Subdivision 2.6.3 Conceptual Storm Drain Calculations 2.6.4 Hydraulic analysis report 2.6.5 Cover Sheet 2.6.6 Drainage area map with supporting drainage computations in the CITY's standard tabular format 2.6.7 SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas 2.6.8 Conceptual 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 drainage work documented in both the project schedule and narrative form 2.6.9 Documentation of key design decisions (Project Decision Log) 2.6.10 Estimates of probable construction cost 2.6.11 Ensure Quality Assurance/Quality Control tasks for conceptual design 2.6.12 Identify easement requirements 2.6.13 Identify permit requirements 2.7 Conceptual plan submittal 2.7.1 Informal review of Concept Plan 2.7.2 Pollutant Removal This task includes one meeting with the CITY prior to conceptual plan submittal to discuss water quality and pollutant removal feasibility on this project. Any design services associated with pollutant removal and water quality will be additional services and require an amendment to contract. 2.7.3 Conceptual Plan Submittal (10-11"x17" sets) 2.7.4 CITY review conceptual plans 2.7.5 Design submittal review meeting 2.7.6 Address CITY comments ASSUMPTIONS • Preliminary calculations and schematic layout of overall improvements shall be performed one time for Phase 1 & 2, comments addressed, and finalized. Written summary shall be in letter report format, generated one time, comments addressed, and finalized. • All storm water calculations and design shall conform to the CITY of Fort Worth Storm Water Management Design Manual, March 2006 • Conceptual plans shall be reviewed with CITY's Project Manager and appropriate CITY personnel one time at a regular monthly meeting prior to Conceptual Plan submittal. • Ten (10) copies of the conceptual package will be delivered. Drawings will be half size (11"x 17") • The SUE and SUE plan sheets shall be in accordance with CI/ASCE 38-02 CITY of Fort Worth,Texas Attachment A PMO Release Date 06/21/2010 Page 5 of 14 • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package DELIVERABLES A. One (1) Conceptual Hydraulic Analysis Report. Report shall be in letter report format with supporting schematic layout and hydraulic calculations B. One (1) Conceptual Design Package TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary Plans and contract documents shall be submitted to the CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings 3.1.1 Cover Sheet 3.1.2 Preliminary Drainage Area Maps showing proposed improvements 3.1.3 Preliminary drainage calculations and hydraulic computations in accordance with the CITY of Fort Worth Storm Water Management Design Manual, March 2006 3.1.4 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 the CITY Datum only; descriptive locations (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) 3.1.5 Overall project easement layout sheet(s) 3.1.6 SUE plan sheets 3.1.7 Preliminary 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 benchmarks per plan/profile sheet 3.1.8 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 3.1.9 Develop a preliminary traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Buzzsaw website. The typical 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. 3.1.10 Project decision log 3.1.11 Estimates of probable construction costs 3.1.12 QA/QC preliminary plans and specs CITY of Fort Worth,Texas Attachment A PMO Release Date 06/21/2010 Page 6 of 14 3.2 Development of Preliminary Contract Documents shall include the Construction Specification Book as published on Buzzsaw, including: • Front End Documents • MWBE Documents • Bid Package • General and Special Conditions • Technical Specifications • Contracts, bonds and Insurance • Standard Bid Items list 3.3 Constructability Review 3.3.1 Attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. 3.3.2 The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing 3.4 Public Meeting 3.4.1 After the Preliminary Plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits for display at public meeting 3.4.2 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. 3.5 Utility Clearance Coordination 3.5.1 The ENGINEER will consult with the CITY's Transportation and Public Works Department 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. 3.5.2 The ENGINEER will consult with the CITY's Water Department, and other CITY departments, and public utilities 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. 3.5.3 The ENGINEER will consult with 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 consider future utilities in design 3.5.4 Prepare utility clearance exhibits 3.5.5 The ENGINEER shall upload to the CITY's Buzzsaw website the approved preliminary construction plans for the CITY's Utility Coordinator to forward to all utility companies which have facilities within the limits of the project 3.6 Easement coordination 3.7 Environmental permit review (if required) 3.8 Floodplain Development Permit submittal (if required) CITY of Fort Worth,Texas Attachment A PMO Release Date:06/21/2010 Page 7 of 14 3.9 Preliminary plan and specification submittal 3.9.1 Informal CITY review of preliminary plans and specifications 3.9.2 Preliminary plan submittal 3.9.3 Preliminary specification submittal 3.9.4 CITY review of preliminary plans 3.9.5 Design submittal review meeting 3.9.6 Address CITY comments ASSUMPTIONS • All storm water calculations and design shall conform to the CITY of Fort Worth Storm Water Management Design Manual, March 2006. • Traffic Control "Typicals"will be utilized to the extent possible. It is assumed an additional four(4) project specific traffic control sheets will be developed. • One (1) full size 22"x34" PDFs of the plans will be uploaded to the designated project folder in Buzzsaw for Utility Clearance coordination. • One (1)full size 22"x34" and five (5) half size 11"x17" plans will be delivered for Constructability Review. • Ten (10) half size 11"x17" drawings will be delivered for Preliminary Design. • Two (2) copies of Preliminary Specification Documents will be delivered for Preliminary Design • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings—ten (10) preliminary plan submittal sets shall be submitted for a pre-preliminary design review. Comments will be addressed and submitted for Preliminary Design Review. B. Preliminary Construction Specification Book—Two (2) preliminary construction specification books shall be submitted for Preliminary Design Review C. Utility Clearance drawings D. Documentation of key design decisions (Project Decision Log) E. Estimates of probable construction cost F. Public Meeting exhibits G. Traffic Control Plans CITY of Fort Worth.Texas Attachment A PMO Release Date.06121/2010 Page 8 of 14 TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: 4.1 Final Construction plans 4.1.1 Cover sheet 4.1.2 Drainage area map 4.1.3 Drainage calculations 4.1.4 Project control sheet 4.1.5 Overall easement layout sheet 4.1.6 SUE plan sheets 4.1.7 Storm drain plan and profile sheets 4.1.8 Detail sheets 4.1.9 Erosion control plan 4.1.10 Traffic Control plan 4.1.11 Project decision log 4.1.12 Estimate of probable construction costs 4.1.13 QA/QC final plans and specifications 4.2 Final specifications shall be submitted to CITY per the approved Project Schedule. 4.3 Easement and permit review 4.3.1 Real Property update 4.3.2 Required permit update 4.4 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. 4.4.1 Informal CITY review of final plans 4.4.2 Final construction plan submittal 4.4.3 Final specification submittal 4.4.4 CITY review of final plans 4.4.5 Design submittal review meetings 4.4.6 Address CITY comments 4.5 Circulate plans and specifications for signature CITY of Fort Worth,Texas Attachment A PMO Release Date.08/21/2010 Page 9 of 14 ASSUMPTIONS • All storm water calculations and design shall conform to the CITY of Fort Worth Storm Water Management Design Manual, March 2006. • Ten (10) half size 11"x17" and one (1)full size 22°x34" drawings and two (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. • One (1) full size 22°x34" drawing and two (2) specifications will be delivered for the 100% design. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. DELIVERABLES 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 5. 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. 5.1. Right-of-Way/ Easement 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. 5.2 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. 5.3 Temporary Right of Entry Preparation and Submittal Prior to construction, the ENGINEER shall prepare, mail, and obtain Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. CITY of Fort Worth,Texas Attachment A PMO Release Date:06/21/2010 Page 10 of 14 The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS A total of sixty-five (65) Permanent Drainage Easements and Right-of Entry Easements are included in this scope for Phase 1& 2. If additional easements are necessary, they can be provided as additional services. Right-of-Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Right-of-Way, easement exhibits and metes and bounds provided on CITY forms B. Temporary Right of Entry Letters TASK 6. SURVEY. ENGINEER will provide survey support as follows. 6.1 Design Survey Phase 1: Lot 2X, Block D, Cheyenne Ridge Addition; Hereford Drive, from a point 100 feet West of Bowman-Roberts Road, East to the end of Hereford Drive; Bowman-Roberts Road, from a point 200 feet North of Hereford Drive to a point 200 feet South of Hereford Drive; Seth Barwise Street, from a point 200 feet North of Hereford Drive to a point 200 feet South of Hereford Drive; Marvin Brown Street, from a point 200 feet North of Hereford Drive to a point 200 feet South of Hereford Drive; Gillis Johnson Street, from a point 200 feet North of Hereford Drive to a point 200 feet South of Hereford Drive; Bob Hanger Street, from a point 100 feet North of Angus Drive, South to a point 100 feet South of Brahma Trail; Brahma Trail, from a point 100 feet West of Bob Hanger Street, East to Bob Hanger Street; Angus Drive, from a point 100 feet West of Bob Hanger Street, East to Elkins School Road; Sam Cantey Street, from a point 100 feet North of Angus Drive, South to a Angus Drive; Cross sections along the East and West lines of Block Z, Lake Crest Estates; drainage between Lots 4 and 5, Block G and Lots 5 and 6, Block G, Lake Crest; and drainage ditch across Block Z, Lake Crest Estates from the West line of Block Z , East to a point 400 feet East of Block Z. Phase 2: Longhorn Lane, from a point 100 feet West of Gills Johnson Road, East to Bob Hanger Street; Santa Gertrudis, from a point 50 feet West of Marvin Brown Street, East to Bob Hanger Street; Marvin Brown Street, from a point 400 feet North of Santa Gertrudis to a point 50 feet South of Santa Gertrudis; Gillis Johnson, from a point 350 feet North of Santa Gertrudis, South to Longhorn Lane; Bob Hanger Street, from Santa Gertrudis, South to a point 400 feet South of Longhorn Lane; and the drainage ditch between Lots 11 and 12, Block R and Lots 19 and 20, Block R, Lake Crest Estates. The topographic surveys will be from right-of-way to right-of-way in the streets and 50 feet from centerline of the drainage ditches and shall include the following items: CITY of Fort Worth,Texas Attachment A PMO Release Date 06/21/2010 Page 11 of 14 1. Vertical datum related to City of Forth Worth benchmarks. 2. All visible utilities will be located horizontally and vertically with spot elevations shown of all tops and inverts of all manholes,junction boxes, etc. with size and type of pipes, if can be determined. 3. Contact underground utility locate company and show the horizontal location of utilities as pinned by the company. 4. Locate sidewalks, paving, curb lines, etc. 5. Elevations shot on approximately a 50' grid with grade breaks to produce a topographic survey with one foot contours. 6. Finish Floors of houses adjacent to right-of-ways 7. Provide at least 2 benchmarks at each site. 8. Provide digital and hard copies of survey. The Right-of-way surveys shall include the following items: 1. Research the property and surrounding property for deeds or plats that described the boundaries of the properties. 2. Relate right-of-way lines to NAD 83, North Central Texas Grid bearings. 3. Locate or reestablish right-of-way lines. 4. Show easements and building lines that can be located by the description on the plat or document provide by others. (Please note: Only easements and building lines on the plat or documents provide will be shown on survey. Research for easements and building lines is not provided with this proposal. This service should be provided by an abstract company.) 5. Provide digital and hard copies of survey. 6.1.1 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: 6.1.2 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). 6.1.3 Temporary Right of Entry Preparation and Submittal - Prior to entering property for field survey, the ENGINEER shall prepare, mail and obtain 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. CITY of Fort Worth,Texas Attachment A PMO Release Date 06/21/2010 Page 12 of 14 TASK 7. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows 7.1 Storm Water Pollution Prevention Plan For projects that disturb an area greater than one (1) acre, ENGINEER will prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the Project for use by the Contractor during construction. ENGINEER will prepare drawings and details for proposed SWPPP improvement that the Contractor must use during construction. Contractor will be responsible for filing the SWPPP with appropriate regulatory agencies. 7.2 Environmental Services 7.2.1 Delineation (Fieldwork) Delineations of the boundaries of WOTUS will be conducted within the approximate 4.5 acre project area. SUBCONSULTANT will perform a field investigation of the proposed project area to determine the extent of observed waters of the U.S. SUBCONSULTANT will follow the 1987 USACE Wetlands Delineation Manual and March 2010 USACE Regional Supplement to the Corps of Engineers Wetland Delineation Manual to delineation wetlands, and other regulations (e.g., 33 CFR 328.3(e)) and guidance to delineate non-wetland WOTUS. WOTUS will be mapped using a Global Positioning System (GPS). This GPS system is capable of sub-meter accuracy with post-processing. Observations on adjacent properties will be made where feasible. 7.2.2 Jurisdictional Determination Report Information gathered during the delineation will be incorporated into the Jurisdictional Determination Report for submittal to, and subsequent verification by, the USACE. The Jurisdictional Determination Report will be prepared in accordance with USACE guidelines and shall include the following: 1. General purpose statement regarding the jurisdictional determination. 2. Methods Used: a. Applicant information. b. Description of the approach used to delineate wetlands and other WOTUS. c. Description of the conventions used to map the limits of WOTUS. 3. Results of the Delineation: a. Vicinity map depicting the location of the site and showing the limits of the site investigated. b. Approximate size of area evaluated for WOTUS. c. Name and characterization of the nearest waterway. d. Description of physical features of the property. e. Information on existing site conditions for present and past land uses. f. Characterization of hydrology. g. Identification of named waterways. h. Characterization of vegetative communities and dominant species. i. Characterization of soils. j. Description of riparian or upland buffer features. k. Photographs with the date that the photos were taken. I. 100-year floodplain map with project area defined. CITY of Fort Worth,Texas Attachment A PMO Release Date.08/21/2010 Page 13 of 14 m. Aerial photograph with project area defined. n. USGS 7.5 minute topographic quad with project area defined. 4. Conclusions: a. Description of size/dimensions of WOTUS, such as linear feet and approximate distance between ordinary high water marks for open waters (streams). b. Map depicting potential WOTUS with the type (e.g., forested wetland)within the project area. 7.2.3 Coordination The processing and coordination of the Jurisdictional Determination with USACE and United States Environmental Protection Agency (EPA)will be provided as requested up to the budgeted amount. Coordination is anticipated to include a site visit with agency personnel to review site conditions and SUBCONSULTANT findings. 7.3 Floodplain Services 7.3.1 Prepare application for floodplain permit 7.3.2 Floodplain permit submittal and coordination ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. 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. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • 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. 7.4 Urban Forestry Compliance Plan and Permit 7.4.1 Phase 1 Tree Mitigation Plan 7.4.2 Phase 2 Tree Preservation Plan CITY of Fort Worth,Texas Attachment A PMO Release Date 06/21/2010 Page 14 of 14 ATTACHMENT B COMPENSATION Design Services for Lake Crest Drainage Improvements City Project No. 01604 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $307,226 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 11 - 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 Attachment B PMO Official Release Date.5 19.2010 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount Prime Consultant Shield Engineering Engineering Design and $156,927 51.08 Group, PLLC Project Management - Proposed M/WBE Sub-Consultants Visintainer Engineering, Project Lead Design/Project $37,845 j 12.32 PLLC (M/WBE) Manager VRX, Inc. (DBE) Environmental Services and $16,571 j 5.39 jUrban Forestry Compliance ; Non-M/WBE Consultants DADE Consulting Subsurface Utility Engineering $31,500 10.25 Group, Inc. (HUB) (SUE) Herb Beasley Land Surveying and Easement $62,630 20.39 Surveyors Preparation Capstone Document Reproduction $1,753 0.57 j Services TOTAL $307,226 ';� 100% j Project Number& Name Total Fee MfWBE Fee M/WBE % 01604 Lake Crest Drainage $307,226 $54,416 17.71% Improvements City M/WBE Goal = _% Consultant Committed Goal = 17.71 % City of Fort Worth,Texas Attachment B PMO Official Release Date 5.19 2010 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date 5 19 2010 Page 3 of 3 B-3 ! ■ ■ ■ @ I-4-n-0<0 n n C)o1 . . o i ! liif £a 06 § 2 �� 2Fo; e � � 'Z' �■ e f�(E IN & A $ F a E � § E ■ \ ° m �� � ¥ � g n $ kn J � ° § 0 \ k � M 3 § to c § q ] C # CL as n f=> C, 'A \_ _ § § ` E . E > _g ® o CL £ k ; ■ .. n » a A 7 - � ao � § c § $ § A ■ � CL CL n k ) � 0 E � & © � I ■ v » f7 $ i « � � ƒ $ $ 2 ■ @ � 08a00 o � k■ /2 'TI$§ oi 5 }■p � $ � ,£ $ z g� § � 2§ °(" o £�■ § � � � g i 2 a ®e� $ — _| ) I n $ ■ § / k O% � 2 a ■ FF ®w § M&$� � 7a § R � @ � # f§§ � k��� !k� E � ■ zf ( § , E ■ o § 0 ¥§ � ■ � � � �■/ . 3 $22@ � • Z A ■ ■ 91 2� Ic �� kf # n ■ $ � I� �■ i / £ (§ as ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for <Lake Crest Drainage Improvements Project> City Project No. 01604 No Changes to Standard Agreement City of Fort Worth,Texas Attachment C PMO Release Date 05.19 2010 Page I of I Consulting Contract Schedule Specifications FORT WORTH City of Fort Worth Capital Improvement Program Attachment D-Project Schedule This PROTECT requires a Tier << >> schedule as defined herein and in the City's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: — Primavera (Version 6.1 or later or approved by CITY) — Primavera Contractor(Version 6.1 or later or approved by CITY) — Microsoft Project(Version 2003/2007 or later or approved by CFM(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any,and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks,subtasks,and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities,key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points,including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following,if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth,Texas Attachment D PMO Release Date 02.15.2011 Page 1 of 2 • Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth,Texas Attachment D PMO Release Date.02.15.2011 Page 2 of 2 L.k.C mpruvementa C y f F.ft W.1h 1606 - D -,I F-h T-I sau cessa o.,. Jury ]R4] S9�—v m b� m I.g ao:am araAkw P.anmo a3 e.v. 4oz aaya PRran=�BOr»mam Prol.arcarrvaw uor..mam carew m r neoa6ma F-s seapa saran mon ne:«moov:mal aewma 6 s�anma:aa aae Tp Pmwaa ,o IW,e e,ea can%Mmn Oeagn(wx( o erys 14 c PR- le mC..PIPan .xa (1 1.11 sale/ t ap� 'Mre ICaF o nIM 0 T11, 1 ;]Ill aC N Renexw Pre-m:rey vlene 6 SPea 1 aelsl 8'6eY 04 n S peG twl la*selsl ,Ery ]eye 33 21 1111 sCM Commerce Meel ry aa9 tl O'uay4 Mon .11, 21 BIBFv3 I.q 1 cn very. Tua'nw„ nl1 ry ZZ",I e space 46.2E IC-1-1mvan 5udnntel rmy Tue l;Zl Tue ttn2t, m 32 T r aai T S N 1 . rrwlmsror 61Bnewe ] 41 11 OR 31ESya Mo r�l Eaanem Reaearm —F - 11 12 41 ID mu S kgtlp'n Ss 46 serv'rsa zwka Fn]I&„ Tnu]/31H, 22.1 wks 23 l 41 .1--planet Pen as P-1 -. 3Me Fn]IBH1 lnu 71.11 21 eMS z3SS Tasx Summary Emanei Mllmtare means Mi:esrore DurerimmH s:en4nry C Deaeune Pmlau 11Pw City Pmlen orwa Spin P�gect Summery 11.:.eTests :nectne 6ummary Manua 6ummary MUUp Fnunway ] Dse Wnaar�r Marvel Tats V M.—Summary Propresa ATTACHMENT E � o O 1 1 I Nb ' I 1 - - ' 1 1 1 1 1 , V` ♦ 1 ' Reao 1 ♦ © 1 1 /► 1 1 1 , 1 1 1 1 , 1 , 1 , f- ~ ' =i in 1 01 Z cn - ml TA G IS F-F1 I 1 1 ' 1 1 1 1 1 � 1 1 1 1 1 1 r r r r—r 1r r J P LAKE CREST DRAINAGE IMPROVEMENTS N 8 600 1200 1000 SHIELD ENGINEERING GROUP, PLLC GRAPHIC SCALE 1N FEET 1200 W FREEWAY SUITE 300 FORT WORTH,TX 76102 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/5/2011 DATE: Tuesday,April 05,2011 REFERENCE NO.: **C-24810 LOG NAME: 20DESIGN_LAKE_CREST_DRAINAGE SUB.TECT• Authorize Execution of an Engineering Agreement in the Amount of$307,226.00 with Shield Engineering Group,PLLC,for the Lake Crest Drainage Improvements Project(COUNCIL DISTRICT 7) RECOMMENDATION• It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Shield Engineering Group,PLLC,in the amount of$307,226.00 for the design of the Lake Crest Drainage Improvements. 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 Shield Engineering Group,PLLC. Shield Engineering Group,PLLC,was selected to evaluate the drainage issues and to provide design services for drainage improvements for the Lake Crest Drainage Improvements Project(City Project No.01604). The purpose of the project is to address severe home and street flooding at various locations in the Lake Crest subdivision.The Lake Crest subdivision was constructed in an unincorporated area of Tarrant County which was later annexed into the City of Fort Worth.The subdivision utilizes barrow ditches for storm water conveyance.The proposed improvements will provide a storm water system along Angus Drive,Hereford Drive,Bob Hanger Street,Marvin Brown Street,Gillis Johnson Street, Santa Gertrudis Street and Longhorn Lane. The design services for the subject engineering agreement will include site visits to determine causes for flooding,investigation of feasible alternatives,development of design improvements,and delivery of engineering plans that will address flooding in the subdivision. Shield Engineering Group,PLLC,proposes to perform design services for a lump sum fee of$307,226.00. City staff considers the fee to be fair and reasonable for the scope of services proposed.The estimated construction cost is$1,000,000.00 Shield Engineering Group, PLLC, is in compliance with the City's M/WBE Ordinance by committing to 18 percent MWWBE participation on this project.The City's MWWBE goal on the project is 18 percent. Additionally,Shield Engineering Group,PLLC,is a certified MWWBE firm. This project is located in COUNCIL DISTRICT 7,Mapsco 32V&Z. 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 207280160430 $213.096.00 P227 531200 207280160450 $94.130.00 CERTIFICATIONS: Submitted for City Manager's Office by-; Fernando Costa (6122) Originating Department Head: Greg Simmons (7862) Additional Information Contact: Vibhuti Pandey (2424) ATTACHMENTS 1.01604 MWBE Compliance Apgroved.12 2.FAR-01604-00001—Design Contract,pdf 3.fundingverification.doc 4.M AND C 01604.pdf