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HomeMy WebLinkAboutContract 45460 city 8sc 11 CONTRA,R6 s ITT OF FOR 'H! TEXAS STANDARD AGR R ENGINEERING EERING T D DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY'), and Baird, Hampton & Brown, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as Cry Branch Creek. Regional Detention Basin. Article Scope of Services A. The Scope of Services is set forth in Attachment hment A. Article 11 Compensation A. The ENGII EER's compensation shall he in the amount of $421,741.00 as set forth in Attachment Article III Terms of Payment Payments to the ENGINEER will he made as follows. A. Invoice a Payment (1) The Engineer, shall provide the City sufficient documentation, including but riot 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 thiis AGREEMENT. Invoices are due and payable within 30 days of receipt.. (3) Upon completion of services enumerated in Article 12 the final payment of any balance will he due within 30 days of receipt of the final invoice. City of Fart Worth,Texas Standard Agreement for Engineering Related Design Services .... PMO Official Release Date:1/28/2013 uMOw'mYbiva mwmIDinnwnrwsa!nrm;W'rvncromvn'mmnrnvinivwv,'urae!arrrrcxmrunmmm�rrrmwuirwaimPrruui rirrrm>>wfr,vo it vnmeuiumvn Page 1 of 16 �' ( o��iIV�'���W��t��rr�I uWORM CITY RECE1 VED MAR 20M it WORIM,T rerrouruwrruu?wwmrr¢eturxivaataanaadrmiurcmvmRUarmamirmurRnriuimuruimwwr.imiroawa rmuoemuwomwawucrurUUUa (4) In the event of a disputeld or contested billing, only that porl*.ion so contested will be withheld from payment,, and the undisputed portion will be paid. The, CITY will exercise reason ableness in contesting any bill or portion thereof. No interest will accrue nl any contested portion of the billing until mutually resolved. (51) 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 paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or d!amag�es caused', the CITY because f'such suspension of services. ArUcle 1V Obiliigations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CI '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 de re 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) 'Th GREEK shall advise the CITY with regard to the necessity for subcontract, work such as special surveys, tests, test boringsy 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 City of Fort Worth,Texas Standard Agreement for Engineering:Related IDesign Services PMO Official Release Date:1/281/20,113 Page 2 of 16 (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/'ex,eicution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawi�ngs The ENGINEER wiill provide to the CITY the original drawings of all pil ans in ink on reproduiclibile myliar sheets and electronic files in pidf 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 Constructi"on Site (1): The presence or duties, of the ENGINEER's personnel at a construction site,, whether as on-amts rei pre ls,entatilves or otherwise, do not make the ENGINEER or its per sioinn el 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 porlLions, of the construction work in accordance with the Contract Documents and any health or safety precautions required by such constructioni 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 thelir 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,i when colm� pileted, will be in accordance with the Contract Documentsi nor shall anything in the Contract Documents or the agreement between CITY ancl ENGINEER be construed as requiring City of I Fort Worth,Texas Standard Agreement for Engineering Related Design Services PO Official Release Date:1128/2013 Paige 3 of 16 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 retakes 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 I (1) The ENGINEER shall provide opiin�ions of probable cost's based on the current available information at the time of preparation, in accordance, with Attachment A. (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' cost's, financial aspects, economic feasibility,, or schedules Will not vary from the E,N'GINEER"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 Wil 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 I 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 City of Fort Worthi,Texas Standard Agreement for Engineering Related Design Services, PM0 official Release Date:1/28/2'013 Page 4 of 16 matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawi`ngs, Record drawingsy 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. 1. Minor*I y Business and Small Business Enterpri"se (MiBE)(SBE) Part'licipation In accord with the City of Fort Worth Business, Diversity Ordinance No. 20020-12-20111, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges,the MBE and S goals established for this contract and its accepted written col mmitmant to, MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and' or the commission of fraud by the Engineer may result in the termiination 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 I after fiinal payment under this contract, have access to and the right to examine ands photocopy any directly pertinent books, documents, papers and records of the ENGINEER 1'nvolvl*ng transactions relating to this contract. ENGINEER agrees that the CITY shall have access during, normal working hours, to ill 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 I involving transactions to the subcontract, and further, 'that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services P,MO Official Release Date:1/28/2013 Page 5 of 16 facilities, and shall be provided adequate and appropriate work space, in order to conduct audits, in compllian,ce with the provisions of this article together with subsection (3) hereof., CITY shalil give subconsultant reasonable a,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' copi'es 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 Liablility — 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 ,$2,000,0001.00 aggregate. If such Commercial General Liability insurance contains a general: aggregate limit, it sihall apply, separately to this PROJECT or l cationi. I The CITY shall be included as an insured under the CL„ using ISO additional insured endorsement or a substitute providing equiva,lein�t coveragle, and' under the commercial umbrella, if any., This insurance shell apply as primary insurance Mn'th respect to any other insurance or self-insurance programs, aff orded to the CITY. The Commercial General Li'abi'lity insurance policy shall have no, exclusions by endorsements that would alter or nullifyi, premises/operations, pirodlucts/completed operations, contractual,, personal injury, or advertlizing injury, which are normally contained w fth*n the pol' I I icy, unless the C,ITY approves such exclusions in writing. ii ENGINEER waives, all' Frights against the CITY and its agentsl 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 shaill 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 66any 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 City of Fort Worth,Texas Stanld;ard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/20,13 Page 6 of 16 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 ault'o liabil�ity or commercial umbrella liabili,ty 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 em� loyer's liability or commercial umbrella insurance obtained by, ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims- ade 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. (2) GENERAL INSURANCE, REQUIREMENTS a. Certificates of' i!nsurance 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, officiials, 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 applrwr policies, documented thereon. C4 of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Rel�ease Date.-1128/2013 Page 7 o;16 d. Any failure on part of' the CITY to request required insurance documentation shall not constitute a waiver of the insurance require tints. e. A niinirinum 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, 10,00 ThroickmOrton, 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.-IV 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,i 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 ENG,INEER"s insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. I j'. Lines of coverage, other than Professional Liability, und'erwri on a claimIs-made basis, shall contain a retroactive date coincident With or prior to the date of the coritractulal agreement. The certifi cate of insurance shall state both the retroacti�ve date and that the coverage is claims-Im de. k. Coverages, whether written on an occurrence or clai,m:s-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 am coverage required to be maiintalned after final paymnenits. 1. The CITY shall not be respoins!bile; for the direct payment of' any insurance prerniurns required by this agreement., City of Fort Worth,Texas Standard Agreernent for Engineering Related Design Services I PMO Olffiicial Relllea,se Date:1/28/2013 Page 8 of 16 rn. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasioinabily equivalent insurance very a as required for the ENGINEER. When sub con su It ntslsub+cointr t rs maintain in urance coverage, ENGINEER shall provide CITY with documentation thereof Can certificate of insurance. InidependeM Consultant The ENGINEER agrees to rm all services as an independent c nsullt unt and not as a subcontractor, a lent, 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 p subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos our Hazardous Substance (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER I I 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 remdliation activities of the PROJECT. 0;1, Peurmitin on i - Design Changes If pars pitting authorities require design changes so as to comply with ublished design criteria and/or r currant engineering practice standards which the ENGINEER should have been aware of at the time this Agreement, was executed, the ENGINEER shlall revise prune and specifications,, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the data of this Agreement which the ENGINEER, could not have been reasonably, aware of, the ENGINEER shall notify the CITE' of such changes and an adjustment in compensation will be made through an City of Fort' "ort u,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:112812013 Page 9 of 1i 6 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 01 Obligations of the City Amendments, to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may relly upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access, to Facilities and Property The CITY WII'll make its facilities accessible to the ENGINEER as required for the ENGINEER'i 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 ENGINER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permi,ts,, and Access Unless otherwise agreed to in the Scope of Services, the CITY will oibtaiin, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, r,ights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1128/2013 Page 1 01 of 16 D I Timelly Review The CITY will ex a,mine the ENGIN�E,ER s studies,, reports, sketches, drawings, specifications, proposals,, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors,, ands 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. 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 ENGI III EER'i s services, oir 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 faciiliities, that may conitain hazardous materials, including asbestos, containing materials,, or conditions, and that ENGINEER had no prior role, iin the genlerationi,, 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 relieases ENGINEER from any damage or liability relatedi to the presence of such materials., (2) The release required above shlalil not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of E,NGIN�EER's negiligence 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 IVES. regarding the ENGIN�EER's Personnel at Construction Site, and provisions, providing contractor indemnification of the CITY and the, ENGINEER for contractor's negligence. H. Contractor Claims and mrhird-Party Beneficiaries (1) The CITY agrees to include the following clause i1n1 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 City of Fort Worth,,Texas Standard Agreement for Engineering Rellated Design Services, PMO Official Release Date:1/28/2013 Page 111 of 16 no direct action against the EN INEER, its officers, employees, and subcontractors, for any claim arising out of, inl 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 ilt enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no thlrd­party benefi ciary rights under this Agreement. (4) Nothing contained in -this section V.H. shall be construed as a waiver of any right the CITY hl s to bring a claim against ENGINEER., 1. CI 's, Insurance (1) The CITY may maintain property insurance on certain pre-existi i ng structures associated wiithl 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 11 insurance. (3) The CITY illli specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PRO,JECT'rusks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to sup art,, 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 all be amended or a separate agreement will be, negotiated between the parties. K. Changes The CITE' may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENG INNER 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services, PMO Official Release Date,:1/28/2013 Page 12 of 16 Article V11 General Legal Provisions Arnendments to Article VI, if any, are included in Attachment C., A. Authorization to Proceed EN!GII E,ER 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 hardi copy or in electronic form, are, inst'ru ments of 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 Majie!ure The ENGINEER is not responsible for damages or delay in performance caused' by acts, of God, strikes, lockouts, accidents, or other events beyondi, the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder., Do 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 its terminated for the convenience of the City, the ENGINEER gill be paid for termination expenses as follows: a.,) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENG INEER'S work product; city of Fort Worth,Texas Standard Agreement for Engineering Rellated Design Services PM�O Official Release Date:1/28/2013 Page 13 of 16 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 personnell 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. i (31) Prior to proceeding with 'termination services, the EN�IG:IN'EER will submit to the CITY an itemiz,ed 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's personnel and subcontractors, and ENG1NEER's compensation will be made. F. Indemn"Ification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall 'Indemn'Ify, hold harmless, and defend the CITY against filablollity for any damage caused by or resuffling from an act of negli"gence, intentlional tort, intellectual property "infringement, or tall e to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agen't, consultant under contract, or another ent'Ity 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. Interpretat0ion 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 indemnifi cation. Parties mean the CITY and the ENGINEER, and their officers, employees, agents,,, and subcontractors. City of Fort Worth,,Texals, Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 14 of 16 Jurisdicti"on 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 tothis AGREEMENT shall be Tarrant County,, Texas. J. Severabillity 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 invalli'di'ty, illegality, or urn enforceability will not affect any other prov,ision, and this AGREEMENT shall be construed as if such invalid, ill'egall, or unenforceable provision had never been contained herein., Articles V.F, VI.B., VID., VI.F., VI.H., and VH.: 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 ordiiniancels and, r ulaiti ns 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 considered. ENGINEER agrees to defend, indemnify and hold harmile s 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. Article V11 Aftachmeits, 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PM01 Official'Release Date:1/28/2013 Page 1 5 of 16 Executed and effective this the day of March, 2014. BY: BY- CITY OF FORT WORTH ENGINEER Baird, Hampton & Brown, Inc. Fernando, Costa ions iinle Bakin a Assistant City Manager Principal 12 0 1 1 10 V)4 Date:, 14w Date. 341 --f I APPROVAL RECOMMENDED: By: Douglas#., Wiersig, P.E. Director, Transportation & Public Works APPROVED AS TO, FORM AND, M&C No-- &10 LEGALITY M&C Date: By: Grant J o rd Assistant City Attorney ATTI-- I 0 Raft QI 0 ai�y J. Kayser i,ty Secretary 0e ' Standard Agreement for Engineering Related Design Services OFFICIAL RECORD PMO Official,Release Date:1/2812013 Page 16 of 16 CITY SECRETAR"Y TX Wo"TH, Sco a Tor Engine rina Desiqo Related Services for Storm Water Improvements Pr ' at DRY BRANCH CREEK REGIONAL DETENTION BASIN City Project 00485, DOE No. 5425, BHB 12.708.00 The scope set forth herein defines the work to he performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to he performed and address the reeds of the Project. Under this sc el, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE This project provides for the design and preparation of construction documents for a regional storm gaiter detention basin, in order to reduce the routine flooding that occurs in the mostly residential nei h ►+ rhoo ds im ediautely south of the proposed warn. The detention, basin is located upstream of Hollis Street, and extends northwesterly, along Dry Branch Creell , through and just beyond Blandin Avenue., The contract documents will provide for phased conatructilon; initially, an interim basin will be constructed .within the currently available drainage right-of-wa - as additional parcels become available,, and are purchased, the detention basin may be enlarged. WORK TO BE PERFORMED Task 1. Design Management Task 2 Conceptual Design Task 3. Preliminary Design Task 4. Final design Task 5. Bid Phase Services Task 6. Construction Phase Services Taal '. ROW/Easement Services Task 8. Survey Services Task 9. Permitting Task 10. Plan Submittal Checklists TASK 1. PROJECT/DESIGIN MANAGEMENT. ENGINEER will manage the work outlined in this scope to erasure efficient and effective use of ENGIN'EER'S and CITY's time and resources. ENGINEER will manage change, communicate effecti�valy, coordinate internally and externally as needed, and proactively address issues with the CIT 's Project Manager and others as necessary to make progress on the work. 11.1 Managing the Teams Lead, manage and direct ides,ign teams activities City of Fort Worth,Texas Attachment PMO Release Date:07/2312012 Page 1 of 19, • Ensure quality control is practiced in performance f the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand' CITY objectives,, and ensure economical and functional designs that meet CITY requirements. Conduct and document[month y] project update meetings with CITY Project Manager. Conduct review meetings with the CITY at the end of each design phase. Conduct and document biweekly design team meetings. 9 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 C1TY Department. Prepare and submit baseline Project Schedule initially, Fund Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort W rth''s Schedule Guidance Document. Complete Monthly l BE Deport l=oan and Final Summary Payment Report Form at the end of the project. Coordinate with other a encies 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 requilrements, 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° isibl+e A nformation identifying the name of the company and the company representative. ASSUMPTIONS • prepare and submit a total of nine monthly progr ess reports •Attend three 3 submittal review meetings • Prepare for and submit a tonal of ten 1' m/wbe reports DELI'VERABLE,S A. Meeting summaries with action items City of Fort Worth,,Texas Attachment A P'M,O Release Date.07/23/2012. Page 2 of 119 D. Monthly invoices app�ro�xi mate ly 10) C. Monthly progress reports (approximately 9) D. Baseline design schedule (epproxi mate li 9 months) E. Monthly schedule updates,with schedule narrative diesoribing any current or anticipated schedule changes (approximately 9 F. Monthly M/WBE Report Form and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 10) TASK 2. CONCEPTUAL DESIGN (310 PERCENT). The Conceptual Design shall he submitted to CITY per the approved Project Schedule. The purpose o�f 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. ENGINEER will utilize concepts and criteria contained in the current CITY— iSW'M Criteria Manual for Site Development and Construction for conceptual planning and design. 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 ents with any planned future improvements that me influence the project. ENGINEER will also identify and seek to obtain data for existi�ng, condlitions that may, impact the project including; utilities, agencies such as TxDOT'and railroads), CITE" Master Plans, CITY drainage complaint files,, existing applicable drainage studies, FEMA floodplain and floodway raps, existing models of project area if any);and property ownership as a eile,ble from the Tax Assessor's office. 2.2. Drainage Computations 0 ENGINEER will delineate the watershed' based on contour data, and develop an overall drainage basin and subs-basin map. Watershed to extend free Ivry Branch Creek headwaters to Belknap .Street.. A drainage area map will be drawn at maximum 1" = 200' scale from available 2-foot contour data with the contours labeled. All calculations shall conform, to CITY criteria delineated in the current CITY iSWM Criteria Manual for Site Development and Construction. Utilize previous studies and update/develop a hydrologic model utilizing EC- S, and quantify the runoff rates for various frequency storms. • Utilize previous studies and update/develop a hydraulic model of Dry Branch Creek from Belknap Street, upstream to,the intersection of N. Sylvania Avenue and Chesser Boyer Road. • The focus of the hydrologic and hydraulic models is the proposed regional detention basin at Dry branch Creek, between Hollis and l landin Streets. The City of Fort Worths Texas Attalchiment A Po Bahasa Date:07123/ 12 Page,3 of 19 iII&H modeling upstream and downstream, of this location shall be imported from previous studies., Execute both the hydrologic and hydraulic models iteratively to quantify the available storage volume of the proposed, detention basin and the resulting runoff attenuation for various frequency storms. Basin hydraulic performance will be reported for both the interim and final basin configurations. 2.3. Subsurface Utility Engineering, Provide Subsurface Utility Engineering (SUE) to Quality Level ,C, ' A], as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Levelly • 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 iindilcation 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 or nerd date ofdepiction; 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 Qugt y Level D) 0 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., 0 Survey surface features of subsurface utility facilities or systems. 0 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 conniections, of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. 01 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 olf'Quallity Level D and Quality Level C Information. 0 Recommend follow-up investigations (e.g.,, additional surveys, consultation,with utility, owners,, etc.) as may be needed to further resolve discrepancies., City of Fort Worth,'Texas Attachment A P Release Date:07/23/2012 Page 4 of 19 Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. L y.el B,Jincludes tasks as described far,Qivality L vel C) _ Select and apply appropriate surface geophysical method(s) to search, for and detect subsurface utilities within the project limits, aind/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 othe ise 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 phys,ical marking of lines, the ENGINEER may, with CITY's apiproval�, utilize other means of data collection, storage,, retrieval', and reductionn, that enables the correlation of surface,geophysical data to the project's survey control. Level A Expose and locate utilities at specific locations. Tie horizontal and vertical location, of utility to survey control. Provide utility size and configuration. Provide paving thickness and type, where applicable. Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. 2.4. The Conceptual Design Package shall include the following, • Written summary of'the hydrology, hydraulics and the proposed interim and final storm water basin designs. • Cover sheet Drainage, area map with supporting drainage computations in the CITY'S standard tabular format. Consider recreational opportunities and possible aesthetic enhancements,. Conceptual iSWIM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. Include documentation that the proposed storm water project gill not impact upstream and downstream properties. SUE Plan sheets,sealed by a licensed professional engineer registered in the State of Texas. Proposed phasing of water, sanitary selwer, streets, drainage and detention basin work documented in both the project,schedule and narrative form. City of Fort Worth,Texas Attachment A PMO Release Date:07123 2012 Page 5 of 19 ................................... ....... ........................ ............. ——------_11111-111111- • Documentation, of key design decisions (Project Decision Log). • Estimates of probable construction cost. ASSUMPTIONS: All storm water calculations and dead gn shall conform to the current CITY i'SWM Criteria Manual for Site Development and Construction. The SUE and SUE plan sheets shall be in accordance with Cl' SCE 38-0�2. Ten copies of the conceptual design package will be delivered; one full size and eight half size (11 x 17 • D files created from design CAD drawings will, be uploaded to the designated project folder in Buz,zsiaw • All submitted documents, and checklists will also be uploaded to the designated project folder in Buzzsaw • ENGINEER shall not proceed with Preliminary Dies,ign activities without written approval by the CITY of the Conceptual Design Package. DELIVERABL,ES A., Conceptual Deign Package. a. Narrative, and Concept Plan Draiwings i. Cover Sheets ii. Drainage Area Map iii., H&H Summary iv. Detention Basin Plan v. Interim Basin Plan vi. Basin Cross-Section vii. Outlet,Structure B. Conceptual 1SWIVI Checklist, 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: 91 Cover Sheet 0 Drainage area maps showing proposed improvements with drainage c,alcu,latilonis, and hydraulic computations in accordance with the the current iSWM Criteria Manual for Site, Development and...Construction. City of Fort Worth,Texas Attachment A PMO Release Date:07/2302012 Page 6 of 19 A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1A . 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 Dn've at the East end of radius at the Southeast corner of North Side Drive and North Main Street). Overall project easement layout shleet(s). SUE plan drawings., Preliminary 1SWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction Plan and sections of proposed bais,in, and outlet structure, 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 pro j,ect limits. • No less than two bench marks per plan/profile sheet. • The ENGINEER will prepare standard and spec,ial detail sheets that are not already included in the pity'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., • Channel/basin plan and profile dra�wings,shall, include existing channel centerline,, I existing left and right top of channel bank, proposed top of channell backs, and 100 year water surface profile. Preliminary channe,l/basin cross-sections will be developed, from the survey notes, at intervals not-to-exceed 100 feet along the project length and will extend 1,0 foot, past the right of way line on both, sides. . Profiles of centerline of driveways will also be provided where necessary. Scale will be 1 P7 = 20' horizontal, and 1" = 2' vertical. Excavation and embankment volumes and end area computations shall also be provided. • Prepare and assist with a Fl,00dplain Development Permit and a Grading Permit. • Consider recreational opportunities,and aesthetic,enhancements* and coordinate with Parks and Community Services. • Prepare preliminary plans for limited landscape and park amenities. 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 City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 7 of 1'9 alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. The ENGINEER shall prepare a detailed geotechni'cal engineering study. The study shall include recommendations regarding utility trenching, and identifying existing groundwater elevation at each boring. 31.3 Constructa:bility Review Prior to the 60 percent review meeting with the C,IT'Y', the ENGINEER shall schedule and attend a project site visit with the CITYProject M" anager and Construction plersonnel 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. 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 :ITY 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 DI Y'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 DWI F files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzs,aw 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 c,oinfig u ratio ns posted as "Typicals" on the CITY's Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract doicumien�ts. Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Pub,liGWolrks Depairt,ment. These drawings,shall be sealed by a professional engineer registered in the, State,of Texas. 3.,7 Documentation of key design decisions (Project Decision Loig). City of Fort Worth,Texas Attachment A P Release Date:07/23/20,12 Page 8 of 19 A ASSUMPTIONS 0I All storm water calculations,and design all conform to the current CITY iSWM Criteria Manualfbir Site,Development and Construction. 3 borings, at an average bore depth of 20 feet each will b rovided'. Traffic Control "Typicals"l will be utilized to the extent possible. It is assumed an additional one project specific traffic control sheets will ble devellio .1 3 copies he geotechnical report will be, de!li erg o the CITY. Electronic sets plans will be delivered for Utility Clearance. 0 2 full size sets plains,will be delivered for Constructabillty Review. 0 13 half size sets drawings,will be delivered for Preliminary, Design. 0 D,W'F files created from design CAD dra in will be uploaded to the designated project folder 'in Buizzsaw. 11 1 1 1 1 also be uploaded to the designated, 0 All submitted documients,and checklists will project folder in,, Buzzsaw. 0 ENGINEER shall not proc with Final Design activities wi hoult written apipirovall by the CITY of the Preliminary Design pilans. DELIVERABLES, A. Preliminary Design drawings B. Prelim ire iary 'ISWMI Checklist C. Grading Permit D. Floodplain, Development Permit E. Erosion Control Plans F. Utility Clearance drawings G. Geotechnical Report H. Documentation of key delsign decisions (Project Decision Log) 1. Estimates of probable construction cost Publaic Meeting, exhibits K. Traffic Control Plans TASK 4. FINAL DESIGN (90 PERCENT)AND, FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon, approe of the Preliminary plans, ENGINEER will prepare construcltioln plans as follows** 00 Final draft construction plans and specifications includediSWIVI Construction Plan shall bell submitted to CITY per the approved Project Schedule. City of Fort'worth,Texas, Attachment A P Release Date:07/23/2012 Page 9 of 19 Final iSiWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. The ENGII ER NE 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 *I All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction, 2 full size 11 half size sets drawings and 4 copies of the 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. 1 full size and 1 half size set of drawings: and, 1 specifications will bile delivered for the 100% design. 0 A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. D,ELIVER-ABLES A. 910% construction plans specifications. B. 100%, construction plans and specifications. C. Final is Checklist D. Documentation of key design decisions (Project Decision L,og:) E. Detailed estimates f'probable construction cost for the authorized construction project, including summaries of bid items,and, quantities, using the CITY's standard bid items and format., F'. Original cover mlylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 51.1. Bild Support 0 The ENGINEER shall upload all plans and contract,documents onto Buzzsaw for access to potential bidders. 0 Contract bid proposal shalli be uploaded in a As file. Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet City of Fort Worth,Texas AZ:chment A P Release Date,07'/23/2012 P'age 10 of 19 Template, and will be populated, and configured so that all pages are complete, and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document,worksheets., Plan Sets are to be uploaded to Buzzsaw in two formats, Pdf and AM files. The pdf will consist of one file of the entire plan set. The AM will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. The ENGINEER shall sell contract documents and maintain a plan holders list,on Buzzsaw from documents,sold and from Contractor's uploaded Plan Holder Registrations in Buzz,saw. The ENGINEER will develop and implement procedures,for receive i�n g and answering bidders' questions and requests for additional information. The procedures shall include,a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions ands requests,, In the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all, plan holders. at Attend the prebid conference in support of'the CITY. Assist the CITY in determining: the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. When substitution prior to award of'contracts is allowed in the contract documents, the ENGINEER will advise the CITY as,to the acceptability of alternate materials and equipment proposed by bidders. Attend the bid opening in support of the CITY. Tabulate and rev iew all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CF W Data Spreadsheet created utilizing CF W Bi,dtools only are to be uploaded into the project's Bid Results folder on Buzzsaw- Assist the CITY with assembili g and awarding, contracts for construction, materials, eqiuipment, and services. Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings 0 Final Design Drawings shall be submitted as an Adobe Acrobat PDF format (version 6.,0 or higher)file and D format. There shall be one (1) PD,F file and, one (1) DWF file (created from CAD appil�ication of drawing) for the TPW plan set and a separate PDF and D:WF file for the Water plan set. Each PDF and DWF file shall, be created from the original CAD drawing filers and shall contain all associated sheets of the particular plan set. Singular P and DW'F files for City of Fort Worth,Texas Attachment A P Release Date:07/23/2012 Page 11 of 19 each sheet of a plan set will not be acM, ted. PI and D files shall conform to naming conventions as follows., I. TPA'' file name example — "W-1956_org47.pdV where "W-1956": is the assigned file number obtained from the CITY, " orlg" des,iginating the file is of an original plan set, "47" shall be the total number of sheets in this file., Example: W-0053—org3.pdf and K-0320_org5.pdf Both PD,F and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows.. 1. 'TPW files shall use the W number as for PDF and DWF files, but shall include,the sheet number in the name—"W-1956_SHTO1.dwg", $' '- 1956—SHT012.dwg", etc. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number(817')3,912-8,426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMP'T ION S 0 The project will be bid only once and awarded to one contractor,. 0 Bid set submittal shall consist of 3 half size sets of plans and 3 sets of the specifications. 0 No printed sets will be provided for distribution to contractors, plan holders and or given to plan viewing Iroomus. 0 19,full size and 5: half size sets of plans (conformed, if applicable)will be delivered to the CITY. 0 2 non-executed, and 7 executed specifications and contract documents (conformed, if applicable)will be delivered to the CITY. 0 PDF, DWIF and DWG files,will be uploaded to Buzzsaw. DELIVERABLES City of I Fort Worth,Texas Attachment A HMO Release Date:07/2312012 Page 12 of 19 A., Addenda E. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will supiport the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre-construction conference, the ENGINEER shall provide 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 s,halll visit the project site at requested intervals as construction proceeds to observe and report on progress. • The ENGINEER shall rev' iew shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concept's and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its reisploinisibi,lity for performance in accordance with the contract for construction, nor is such review a guarantee that the,work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw. 01 As requested by the CITY, the ENGINEER shall provide necessary interpretation riterpretations, and clarifications of contract documents, review change orders, and make I recommendations as to the acceptability of the work. h "Final" p ' walk through and assist with 0 Te, ENGINEER shall attend the pro ect preparation of final punch list. 6.2 Record Drawings 0 The ENGINEER shall prepare record drawings,from information provided by the CITY depicting any changes made to the Final Drawings during construction. The foll�lowin ! information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from the Contractor o, Red Line Markups from City Inspector o Copies, of'Approved Change Orders o Approved Substitutions City of Fort,Worth,Texas Attaichime:nt A PMO Release Date-07123/2012 .Page 13 of 19 The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project ,as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revis,ions on the sheet or not. Each sheet shall clearly, indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. the following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were, preparedi using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes, no liability for undocumented changes and certifies only that the documented changes,are accurately depicted on these drawings. -rhe ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies,of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the mylars. Record Drawings shall also, be submitted as an Adobe Acrobat PDF format (version 61.,0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the T'PW plan set and a separate PDF' and D,WF file,for the Water plan set. Each PDF and DWF file shall contain, all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be ac2mted. PDF and D,WF files shall' conform to naming conventions as follows-, 1:1. TPW' file name example, — "W-1956.org47-pdf" where "W-1956" is the assigned file number obtained from the CITY, "'_org" designatingi the file is of an original plan set, "47" shall be the totals number of sheets in this file. Example: W-0053—org3.pdf and K-0320_org5.pd�f 11. Water and Sewer file name example — "X-35667_org361.Pd f' where "X- 35667"' is the assigned file, number obtained from 'the CITY, ".org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755—orgl8.pdf' Both PDF and DWF files shall be uploaded to the project 11 s Record Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works,Vault at telephone number(817) 392-8426. File numbers will not be issued to a project City of Fort Worth,Texas Attachment A PMO Release Nate:07/23/2012 Page 14 of 19 unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS Nine site visits are assumed,. 0 Six submiftal reviews are assumed. One RFI's, are assumed. • One Change Orders are assumed. • Full size (22)lx34") mylars, and electronic (PDF and DW'F) copies,wiill be delivered to the CITY DELIVERABLES A. Public eting exhibits B. Final Punch List items C. Record Drawings TASK 7. ROMEASEMENT 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 Rig ht-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 require d to construct the improvements. • The documentation shall be provided in conformance with the checkl�ists and templates available on the CITY's Buzzsaw site. 7.3 Temporary Right of Entry Preparation and Submittal Prior to constru�ction, 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. The documentation shall be provided: in conformance with the checklists, and templates,available on the CITY's Buzz,saw site. ASSUMPTIONS fit of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 15 of 11 9 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 doles not include, effort for chain of title research, parent track research, addlition�al research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABL,E'IS A. Up to 2 easement exhibits and metes and bounds provided on CITY forms B. Up to 12 Temporary Right of Entry Letters TASK 8., SURVEY. ENGI I'E,ER will provide survey support as follows. 81.1 Design Survey ENGINEER wild perform field surveys to collect horizontal and vertical ellevations and other infoirrnation needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, utilities as rewired by the SUE, structuires, trees (greater than 6-inch measure caliiper, identify olvera�ll canopy, and have qualified individual identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevatiions 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 foll�owiing: Project Control Sheet, showing ALL Control Points,, used or set while gathering data. Generally on a scale of not less than 1:4001: — The following information about each Control Point; a., Identified (Existing. CITY Monument#8901, PK laid, 5/8" Iron Rod) b. X1 Y and Z Coordinates,, in an identified coordinate system,, and a referred bearing base. Z coordinate on CITY Diatum only. c., Descriptive Location (Ex., Set, in the centerliine of the inlet in the South curb line of North S,iid'e Drive at the East ends of radius at the Southeast corner of North Side Drive and North Main Street). 8.21. Temporary Right of Entry Preparation and Submittal • Prior to entering property for field survey, -the ENGINEER shall pirepare, 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 B,uzzsaw site. TASK 9. PERMITTING. City of Fort Worth,Texas Attachment A PMO Release Date:017/23/20,12 Paige 16 of 19 ENGINEER wilI provide permitting support for the C,ITY to obtain any and all agreements and/or permits, normally required for a project of this size, and type,, as follows. The ENGINEER, will prepare the iSWIVI Construction Plan, according: to the current CITY 1SWIVI Criteri n l for Site Development and Construction, which will be incorporated into the SWPIPP by the contractor., 9.1,. Fort Worth Permits 0 Fort'Worth Urban Forestry Permit, Fort Worth Grading Permit, and Fort Worth iSWM Plan Permit i 0 Negotiating and coordinating to obtain approval of the agency iss,uing the agreement and/or permits • Colr l ting all form s/'a pp I icatioins necessairy • Submitting:forms1applications,for CITY review • Submitting revised forms for agency review 4# Responding to agency comments and requests 9.2. Floodplain &, Other Permits • USACOE Jurisdictional Determination and Nationwide 43 "reconstruction Notification, Fort Worth I oodplain Development Permit, • Negotiating and coordinating to: obtalin approval of the agency issuing the agreement and;/or permits • Completing all for ms/appliciations, necessary • Submitting forms/applications,for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests 9.3. Texas Department of Licens,in gi: and Regulation (TDLR) Identify and analyze the r equirements of thie Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authoirities having jurisdiction to approve the design of the Project. Submit construction documents to the'TDLR Completing all'TDLR forms/applications necessary 01 Obtain the Notice of'Slubstantial Compliance,from the TDLR 0 Request an inspection from TDLR or a TD locally approved Registered Accessibility Specialist no later than 30 calendar days after construction, substantial c,ompl tioln. Advise the CITYIn writing of the results,of the inspection. 0 Responding to agency comments and requests ASSUMPTIONS it of Fort Worth,Texas Affachment A PM 0 Release Date:07/213/2,012, Page 17 of 19: • Permit preparation will begin after approval' of the Conceptual Design. • Prepare a City of Fort Worth Urban Forestry Plan • Prepare Draft P,relimiinary Jurisdictional Determination Report • Prepare Nationwide Permit 43 Precoinstructiion Notification, (PCN) • 2 meetings are assumed with USCOlE for the Nationwide Permit 43. • Flolod�plain Development Permit • Fort Worth Grading Permit DIEL,IVERABL,ES A. Permit application for Fort Worth Urban Forestry Plan B. Application for Fort Worth iiSWM Construction Plan C. Permit application for USCOE, Nationwide Permit 43 P'CN TASK 10., PLAN SU!BMI ITTAL,CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Street Water Traffic Traffic Traffic P1 Traffic Storm Storm Lights, /Sewer Traffi'c Control Control Controll Attachment"'A Signal Water Water (Subimit (Submit Engineering 301% 60% 90% Type (Submit All 301% 60% All @ All @ (Submit All I I @ 30%) 301% 60%) @ 60%) Required for all work in City ROW Street X X X X X* X X X X Storm Water X X X X X Water/'Sewer X X X X *If included in street project Additional Services n t� included in the existing Scope of Services C,ITY and ENGINEER agree that the folli�lowing services are beyond" the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, u�po�n the CITY's written requ�est. Any additional amounts paid to -the, ENGINEER as, a result of any materia�l change to the, Scope of the Project shall be agreed upon in writing by both parties, before the services are, p:e�rformed. These additional services include the folllo�wingi: • Negotiation of easements or property acquisition. • Services related to development of the CITY is project financi�ng and/or budget., • Services related to disputes over pre-qualification, bid protestsi, bid rejection and re-bid�dinig olf the contract for construction. • Construction management andl inspection services • Construction observation and/or inspection City of Fort Worth,Texas, Attachment A Pilo Release Date:0712,312012 Page 18 of 19 • Performance of mater als,testing or,specialty testing services. • Services necessary due to the default of the Contractor,. Services, related to darnages caused by fire, flood, earthquake or olther acts of God. Services rel rr,anty cl , enforcement and inspection after final completion. Services to support, prepare, document, bring, defend, or assist in litigation u�nderta r defended by the CITY. Performance of miscellaneous, and supplemental services related to the project as requested by the CITY. City of IFort Worth,Texas Attachment A, PM,O RePease C : 7/23/201 2 Page 19 of 19 ATTACHMENT B COMPENSATION Des;*Ign ervices for CRY BRANCH CREEK REGIONAL DETENTION BASIN City Project 00485, DOE No. 5425 Lump Sum Project 1. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $421,7141 as summarized in Exhibit B-1, Task & Man-Hour Effort, and Exhibit -2, Engineer's 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 delliver the services,. B. The ENGINEER shall be paid monthly payments as described in Section 11 - Method of Payment. 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-2, Progress, Reports as required in item 111. of thiis,Attachment B, and Schedule as requi,red in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shell 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 c,umulat,ive sum, of' such monthly partial fee payments, shall not exceed the total current project budget including all approved Amendments. Di. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. 111. Progress Reports A. The ENGINEER shell 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. C,ity of Fort Worth,Texas, Attachment B PMIO Official,Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of'Total Project Fees .......... ........ Rrm Pr*lrnary Responsibility j Fee Amounit 11 % Pr*1Me Consultant Bailrd, Hampton & Prj. Mlgmt., Eng,i,neering, & 346,031 82-05 gown, Inc., Constr. Does. ............. Proposed SBE Sub-Consultants VRX Inc. Urban Forestry Pe�rmilt 71250 1.72 V Inc. USCOE Nationwide Permit 15,3601 3.64 ANA Consultants, Surveying Services 34,1850 8.2,6 ANA Consultants Subsurface Utility Engiiin,eerin,g 1131,850, 3.29 7LM, L Engineering Geotechnica! Investigation 41400 1.04 Non-SBE Consultants N/A� N/A TOTAL j $ 4211741 100% Project Number& Name Total Fee S Fee SSE % $421,x"41 $17517,10 17.95 City E Goal = 18% Consultant Committed Goal = 18% City of Fort Worth,Texas ,Attachment B PM O Offi cial Release Date:8.09.2012 Page 2 of 10 C) In ol � ,,�I III Q r%/; NINE ,, 440 N� �, M. �i Mµ i LAM C4 6q iii/' i 61%0411 M w ii i i I I /rr ii / !o (% / „. oi� 619ir no to, �� �I a IN �f Nom, f�I x D i 01 0 CNI / / r / I r I / i I r I rf� / ,l / L U”) LO to to 69 I CL / II l I f / ii CO), 0 I r col co / t/ „/ i I I / i / / I / I 144 I LJi w........ �i ww. M. M. M. Mx ��% ww Ul> Z, I-IlIzr MIT IN ZI SE, Ir MMMM o i M iii I I I II 1% 1 I44 IN w / jI i f r I ui " , 00 ;. 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Lld „/gg X0, �I "tI IN CL � f �; % % W r r / � C / E IMPOSE/.' l C] , `% 0 ' ,%' 0 ~ " ! C j •- C % C - * C.:1 i C,9 + 0 Z E % c �%/ _. � � C C: M ���IN CCU j ? 04.0 � o oo �-- ;"— L11 f j C C C % C 1C .� tJ' ii/j j _r y 4w 0 1r 42) CL " . g a i Uj .. " C /� � , a ._ . + 0 W C: c C z IN CY).X, f C 1`�- r Caw %% %j f,,a � , EXHIBIT"B-21) 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:8.091.20,12 Page 3 of 3 B-3 apt oW„ ATTACHMENT tic):):, CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for DRY BRANCH CREEK REGIONAL DETEN"n0N BASIN City Project 00485, DOE No. 542,5 n/a City of Fort Worth,Texas Attachment C FA Release Date:05.191.2010 Page I of I Consulting Contract Schedule Specifications FORT WORTH City of'Fort Worth Capital Improvement Program AAA Attachment D -,,-VLoj�!d 5chedul This PROIECT Leqy,ires a Tier 3 schedyle as &,�nt�,),dl�ie Ize-Cit-11"s Scliedyle Gtddancc; Document. -L— D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements, clescribed M' this specification, showing by Critical, Path Me od (CIS the planned sequence and tin in, of the Work associated with the Agreement. All subrrd-ttals shall, be submitted M* PDF format, and schedule files shall also be crib rra'tted it native file format (i.e. file formats associated with the scheduling software). 11-ie approved scheduling software systems for creating the schedule files are Primavera (Version 6.1 or later or ap�proved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2,- BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANJ I shall develop, submit and review the draft detailed baseline consulting services schedule with the CF FY to demonstrate the CONS UL'I"'AN'I"'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 M* 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. K The schedule shall accurately describe the major work activities, key milestones, and dependencles/relationships,as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision p, M* ts,including third party utility d o, in ..ependencies,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 12 and the CITY's Schedule Guidance L cumen-t M" clusive. As the Work,, progresses, the CONSULTANT shall enter into the schedule and record actual prolgress as described 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: • Cha-ncres in.the cribical path, • Expected schedule changes, • Potential delays, Opportunities to expedite the schedule, Coordm* ation issues the CITY should be aware of or can assist wiffi, City of Fort Worth,Texas Attachment D PMI O Release Date:02.1'15.2011 Page 1 of 2 0 Potential delays,, Opportuni ties to expedite the schedule, Coordination s es the CITY should e aware of r can assist with, Other schedule-related issues that the CONSULTANT wishes,to commurticate to the . PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behn that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action ecess r to pr v the progress of the Work. n addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to ake up the delay in schedule progress an to ensure completion.of the Work within the allotted Agreement ham. . . SCHEDULE T SPECIAL INSTRUCTIONS- The requirements for the schedule are dater * e d 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 the CITY's current Schedule Guidance Document. D6,. SCHEDULE As stated "in . . . .. ' t-te Agreement, CONSULTANT shall provl*,d.e the information required, Attachment �' "� monthly voices ill not e accepted n processed for payment without ly schedule updates that are submitted in e time d manner re uired by tta e t and the, CITY's CITY' current l e e Guidance Document. City of Fort Worth,Texas Attachment 0 PMO Release Date:012.15.201 Page 2 of 2 ATTACHMENT "Egg' PROJECT LOCATION MAP' DRY BRANCH CREEK REGIONAL DETENTION BASIN City IP,roject 00485, DOE No. 54,25 MAPSO 63H, Council District 2 & 4 ""Offa "MR II ................. ,("111111................. �j I i Si Ir ra Ir ra IOV City of F'olrt Worth,Texas Attachment E Page 1 of I (A 34 k i tv of Fort Worth,, Texas Mayor and' unc" 1 Co mun ' i n COUNCIL ACTION: Approved on 3,/412014 DATE,- Tuesday, March 04,, 2014 REFERENCE NO.: **C-266861 LOG NAME,: 2 S DRY BRANCH CREEK—DESIGN SUBJECT: Authorize Execution of an Engineering Services Agreement with Blai'rd, Harnpiton & Brown, Inc., in the Amount of$1421,741.00 for the Design of the Dry Branch Creek Regional Detention Basin (C NCI:L DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Services Agreement with Baird,, Hampton & Brown, Inc., in the amount of$421,741.00 for the design of the Dry Branch Creek Regional Detention Basin. DISCUSSION: The Engineering Services Agreement recommended by this Mayor and Council Communication will provide for the design of a,detent,ioln basin, and associated drainage improvements north of Hollis Street between Blandin Avenue and Chandler Drive. The detention basin will reduce the probability of residential and commercial property flooding and roadway overtopping downstream. Currently 52 residential and commercial properties,along this reach of Dry Branch Creek carry floold insurance, On March 6, 20071, (M&C C,-21:992) the City Council authorized an Agreement with Baird, Harription & Brown, Inc., (B,HB,) to provide preliminary analysis, engineering and feasibility study. Based upon this analysis, significant right-of-way was needed before the project could proceed. The right-of-way has now been acquired. Baird,, Hampton & Brown, Inc., (BHB) proposes to perform the additional design services for a fee in the I amount of$421,741.00. Staff considers the fee to be fair and relasonablle for the scope of services provideld�. Funding for this project is being:, provided from revenue bonds in the Stormwater Capital Projects Bond Fund. M/WBE Office - Baird, Hampton & Brown, Inc.„ is in compliance with the City's BDE Ordinance by committing to an additional 18 percent SCE I participation on thus project. The City's goal on this project is 18, percent. This project is located in COUNCIL DISTRICT 2, Mapsco 330 D2. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormw�ater Capital Projects Bond Fund. FUND CENTERS,-* TO Fund/Accolunt/Centers FROM Fund/Account/Centerg P227 531200 20228,0048530 $421,741.00 httpl://apps.cfwn,et.org/ecounc'lUprintmc.asp?lid=I 81898&print--Ir,tte&DocType--Pr*int 3/5/2014 CERTIFICATIONS: Sijbmifted for City Manager's Office tyl Fernando Costa (61 22) Originating Department Head: Douglas W., Wiersig (7801) Additional Information Contact: Russell Poor (7981) ATTACHMENTS 1. 00485 MAP.pdf (Public) 2. 00485 MW BE Compliance Memo D, Branch Creel (CFW Internal) 3,. FAR-0!0148,5-00010-A1'.pdf (CFWlnternal) 4. FAR-00485-00012-Design Contract.pdf (CFW Internal) 5. P227 00485 a ailu funds (CF W Internal) http-,//apps.,cfwn,let.org/ecouncil/print.inc.asp'.?Id--1 8898&print---true&DocType=Priiit 3/5/2014