Loading...
HomeMy WebLinkAboutContract 30981CITY SECRETARY CITY OF FORT WORTH, TEXAS ���T�ACT N� a��I STANDARD AGREEMENT FOR ENGINEERING SERVICES (ADMINISTRATIVE AGREEMENT — NO M�C NEEDED) This AGREEMENT is between the Ci#y of Fort Worth (the "CITY"), and EJES, Inc., (the "EN�iNEER"), for a PRbJE�T generally described as: Canyon �reek Storm Drain Rehabilitation. 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 Pavmen# Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation 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 day� of receipt ot the final invoice. ;Y� 11 I LI IG GVGI�I VI d U�JfJ�.IICU VI WI ILCJICU {�J�11�1 Il��. � VI ���/ ll IQL �UI lil�i"i JV liVl ILBJI�.� 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 paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no fiability to CITY for delays or damages caused the CITY because of�sucl� suspension of services. 4 . � � � � I � I .� ` �il I� � ] .. ':l : : I� . i 3 IJ _. . . � 6 Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants perForming the same or similar services at the time such services are perFormed. C. SubsurFace Investigations (1 } The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY canceming the results of same. Such surveys, tests, and investigations shall be fumished 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 resporsibility of the ENGINEER. �r'. r�ic�araiiv�i vi ��gi��c��� �ra���� The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, 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. ENGINEERING CONTRACT Page 2 of.14 -,� ; ��, �'_-�,` �'; i;� � ;-r,�,j��l�,�.�ti,�.�;`:� �''J�'� �; ��:;'��'�'-' �%�. I J . u i a. ,�j ' `S'�IjJ, c''��`'� 7�0 •:d�::J:',C'�`l� �'?5.. E. Engineer's Personnei at Construction Site (1) The presence or duties of the ENGINEER's personnef at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, v�rhen completed, w�ll 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, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGItVEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification ofi 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 raquired in the Centrac# Loc�;ments. �. i� .j'iiiiiai 7S 'vi �i vr.''iar.�"iic vv5i, rSii �aPi�iiai vv�iSi�uce ati�Di ��, �i �u ��i 2ui.ii�� (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. (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 marntenance costs; competitive bidding procedures and market conditions; �ime or quality ENGINEERING CONTRACT 4 , _ Page 3 of 14 � � ' �JJ Y / �I _ • L �. �`. t�.: � J. �: 7'. :, 'tu� `'Y';���1,e �Ui u'�`;(. �:i'1i�fl � � 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, projectians, 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 befinreen the CITY and the construction contractor that affect the amount that should be paid. H. R��Qrd �rawir�g� Record drawings, if required, will be prepared, in part, on the basis of information compiled and fumished 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 (MNVBE) Participation In accord with City of Fort Worth Ordinance No. 15530, 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 commitment tc rneet that goal. Any misrspresentation of facts (other than a negligent misrepresentation) andlor the commission of fraud by the Engineer may � zs�lt �r t�� t�rmir�atiar �t t�i� agr2���nt anu �e�armEr�t fr�m �articipatin^y in �ity, contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, unti( the expiration of three (3) 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 ENGINEERING CONTR,4CT Page 4 of 14 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 af intended audits. (2) ENGINEER further agrees to include in aN its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3} years after �nal 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 sub-consultant 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 Gode in effect as of the time copying is performed. K. ENGINEER's Insurance (11 In��r�nc,� c�v�raa� and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1, 000, 000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split (imits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation �ci'v�i a�� �i: Siati,iiui y iii i iii� Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim/annual aggregate (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior ta ENGINEER proceeding with the PROJECT. ENGINEERING CONTRACT Page 5 of 14 (a) Appiicable 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. (b) Certificate(s) of insurance shall document that insurance coverage specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) 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. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort V1/orth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall �� ��ce�#�ble to #he CITY in terms of their financial strenath and solvency. (fl Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the CITY in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or fetters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City �hal! be entitled, upon its r�quest and without incurring expense, to review the ENGINEER's insurance policies including �iitiCif�2ii'ici ii8 iii�i'2t� ai iti, at ii i2 vi�r J UIJI�I GtiOii, iii8 �ii�ii�Y��� may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. Q) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided the ENGINEERING CONTRACT Page 6 of 14 , a�� .: r�i5�',� i I/ � ��! � ,;, � ;,r,� �,_; �,, ��� .: •�:� L� h' �I�y'; , � j -G. ENGINEER on an occurrence basis. {k) The CITY shall not be responsible far the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (I) All insurance required in sectior Liability insurance policy, shall be order to be approved by the CITY. K., except for the t rofessional written on an occurrence basis in (m) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When subconsultants maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cance(lation or termination shall not constitute a breach by ENGINEER of the Agreement. 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 financia( 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 frnal payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or Si,iS�38���, ii'i� ��`v�i�i��� i�Viii Sit3N i�3 vi�iii i i�il��r`� 1i � u�v cr�cCi�� p:rvi'tivi i5 vf the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY 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 ENGINEERING CONTRACT Page 7 of 14 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 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 wili be made througn an amendment io this AGREEMENT. Article V Obligations of the City Amendments to Article V, it any, are included in Attachment C. A. City-Fumished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The 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 and will provide labor and safety equipment as required by the ENGINEER for such access. 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, easemsn±s, rights-of-way, and acces� nece�sary 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 attomey, 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 in Attachment A. E. Prompt Notice ENGWEERING CONTRACT Page 8 of 14 ., � � S�� � '_'r11 ., ,::;� '1:S'vio ... �; -� i';�:r��.; ,^ s 'I � �i,��', i a ' � :J ��. U f J, 1. . r� n � 1� , ;1' � �1r ' �': �:� ��;i 1: I TL I la �. o i 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 �ubstances anc! lnc�emni�ication (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGfNEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, re{ease, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess or caflect any tax to fund this indemnification. (2) The indemnification and 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 such hazardous substance, contaminant or asbestos is brought onto the PROJECT by ENGINEER. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGWEER'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 cantractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct actior+ against the ENGINEER, its officers, employees, and subcantractors, for any claim arising out of, iii i.�iiii2GtiC'ii i Wltii, ^vi' i�SLiitiiiC,j. {i'�ii i iii�.' �i�y^lii��l'liiy services perFormed. Only the CITY wifl 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. ENGINEERING CONTRACT Page 9 of 14 (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 PR(7JE�i. (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 Vf 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 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 ENG E�fZ will be ENGINEERING CONTRACT � ` .r.J.. ... _ Page 10 of 14 , �t i �J � �� �s�, �� �� ... � ^ �� tt. '�' ���.:�":;`'l�� ���fi ��„��. � ,�/�, � �i� . at the CITY's sole risk. The final designs, drawings, specifications and documents shall be owned by the CITY. 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 controi ofi the ENGINEER. 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 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 storage containers, microfilm, 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 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 �a�'veiil�� i� vi ir ie i i 1�T . II I Cf�� CV�T Il l71 JUl;l�l �i.iSNBiiSivi i, u�i�}+, vi II IICI I Ut.1�iv� �, a� i equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, cau�ed solely by the negligence or willful misconduct of the ENGINEER, its empfoyees, officers, and subcontractors in connection ENGINEERING CONTRACT Page 11 of 14 � � f,�� � � ���t� =,�,, ���:��i;-�.��':. ��. `� ;,� lf 5? �- ;.,^ 'i � ':iti;':vi'1i � dl � �''� G�.. � ,.. with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY�in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to (.G.t�. � K. �ode, seciion 33.011(4} (Vemon Supplement 1996). 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 Iiability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the -ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this interpretation and performance, and any other claims related to any litigation related to this AGREEMENT shall be Tarrant County, J. Altemate Dispute Resolution AGREEMENT, its it. The venue for Texas. (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligafion or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If inediation is unsuccessful, the claim, di�pute or other matter in question sha!! be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely t� �e �e�� tMa� �$5C,00�, zxclu�iv� cf at��r��y'� f���, ��t� �rd �xN�n���. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in efFect. Any award rendered by the arbitrators less than $50,000, exclusive of attomey's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U. S. C. Sections 10 and 11 }. (2) Any award greater than $50,OOQ, exclusive of attorney's fees, costs and ENGINEERING CONTRACT Page 12 of 14 expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90} days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either pariy for any purpose in the litigation. K. 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 unerTforceability will not affect any other provision, and this AGREEMENT shall be canstrued as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. sha(I survive termination of this AGREEMENT for any cause. L. 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 goveming bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to def�n�1, in��mnify and h91d harmisss �ITY and all of its officers, ac�ents and employees from and against all claims or liabifity arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ENGINEERWG CONTRACT Page 13 of 14 Article VII Attache�nents, 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. ihe fofiowing a"ttachments ana 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 th�,��day of 1��2004. ATTEST: Marty Hendrix City Secretary �o _ r���-C 1��,� _ Conti-act Au�.ho.ritiatio�. Date g� ��� APPROVED AS TO FORM AND LEGALITY ssi t City Attorney ENGINEERING CONTRACT Page 14 of 14 CI � F FORT WO TH � i By�; Marc. A. Ot� - Assistant City Manager APPROVAL RECOMMENDED ��d� �l��t�,(►��,2--- A. Douglas Rademaker, P.E. Director, Engineering Department F.IFS, INC; EfVGINEER By, y Y�J ��J� '� �--' Edwin B. Jones, P. E. Pre�ident � � L'r'1J�:: L�.'- lis`vl: .� �� � �=;� .- �,,� - ,, �`�1 �� ci.��,l'� ; �;. � �, ;(�, �.i�::✓:":�J1� ����.� I � ATTACHMENT "A" -�- ••-• -r - "S�dpe or' S�rvi��� ��� fdr�n n�r�i� ��� a�iy �e ,�►odifie� u`y ac;�'i�i�;�s, i:iaiiiJc;BiiviiS, airuiGi deletions set forth in the supplemental Scope of Services. ln cases of confiict between the Supplemental Scope of Services and the General Scope of Servrces, the Supplemental Scope of Services shall have precedence over the General Scope of Services." ► :� 1) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be nec���ary� for the d��igr of :h� prcpose� street, and storm drain and/or water and wastewater facilities/improvements. 1"t shaii be 'the Engineer's duiy hereunder io se�ure necessary information from such outside agencies, to meet their requirements. 3) Geo#echr�icallnvest�gatiQns The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities ff permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permiiting auihoriiy. If such changes are required, #he Engineer shall notify the C'� and , , , � , � rrl'.: � �_ -1- .� , � � , �Jl��r .����;?s�.�,:�� I� : ��,,,, p�'J �ti� ��i l�� ^;;�cis.l�tl'� U:.c�:� an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. 6} �i�n Su�rnii��i Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the Department of Engineering and 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; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. PHASE 1 7) Right-of-Way, Easement and Land Acquisition Needs The Engineer shall determine the rights-of-way, easement needs for the construction of the project. Engineer shall determine ownership of such land and fumish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiriny the r;ghts-of-rr�ay and/or easements for the construction of this pr�ject. Skeiches and easemeni aescripiions are to be preseni�d in fiorm suitabie for �i���� u�� by the Department of Engineering in obtaining rights-of-way, easements, permits and licensing agreements. All materials shall be fumished on the appropriate City forms in a minimum �f four (4) copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility liens or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage worlc, and shall submit such evaluation in writing to the City as part of this phase of the project. � -�;-�2�,�-�-_;_.,fr_��^,'.� -2- �`rri�:,�J:'.l �':sv����;;%i; v1QII -,. O ii`JJU �/ '�.C����i���l!:,j ���%,F�r7 �: V L: il7'G �L, � :. /^i '�(7 'r �� �1�'i �i 1:.1�� If� �i("�i I� 1� i .i`✓J.4JL�� �:J��i 10} Conceptual Plans The Engineer shali furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probabie consiruction cosis for th� Cngin�e�'� r��omrr����e� �i��. Fcr� aif �uAi7ii'tiai�, the Engineer shall submit plans and documents for street/storm drain and water/wastewater tacilities. The Engineer shall receive written approvai of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross-sections, profiles, drainage calculations, and preliminary estimates of probable construction cast. 12) Pretiminary Construction Plans and Technicat Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of ihe preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall ir�dica#e locati�n of existing/proposed utiltties ard �torm �rain lines. The Engineer shall receive written approvai of the Phase � pians firom tne c;i"ty�s .projeci manager before proceeding with Phase 3. PNASE 3 13) Final Construction Plans The Engineer shall furnish five (5} copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four (4} copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15} Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. -3- PHASE 4 16) Final Approved Construction Plans T�ie cngin��r �naii fiurhisn 45 bdu�d �api�� �� rr��5e 4 fii�iai ap�roved c��isiiu�ii�i► plans and contract specifications. The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contracts, and constructing the project. 17) Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitu- tion prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 9 8) Recommendation of Award The Engineer shall assist in the tabulation and review of all bids received for the construction of the project and shall make a recommendation of award to the City. 19) Prebid �onference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the oyvner in evalua#ing bic+s or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. PHASE 5 20) Preconstruction Conference The Engineer shall attend the preconstruction conference. 21) Construction Survey The Engineer shall be available to the City on matters concerning the layout of the project during its construction and will set control points in the field to allow City survey crews to stake the project. The setting of line and grade stakes and route inspection of construction will be performed by the City. 22) Site Visits The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. -4- I=;, �� S-. , �� I `- r r1 1.�d � 1 5�-��:�',h:v �': � ^ - „ y . =%, � � � � � �; '2'�;� � '� ��''' � .. . �U� ..���:'�I'Pi� �'���(� 23) Shop Drawing Review The Engineer sha)I review shop and erection drawings submitted by the contractor for campliance with design cancepts. The Engineer shall review laboratory, shop, and mill iesi r�poris �n maieri�ls �nd equipmen�. 24) Instructions to Contractor The Engineer shall provide necessary interpretations and clarifications of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 25) Differing Site Conditions The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered. . 26) Record Drawings The Engineer shall prepare record drawings from information submitted by the contractor. -5- EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") DESIGN SERVICES: PAVING AND/OR DRAINAGE IMPROVEMENTS The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes engineering services for paving and/or storm drain improvements for the following: CONTRACT C: 2004 CIP CANYON CREEK STORM DRAIN REHABILITATION PROJECT NO. 000095 SUMMARY OF IMPROVEMENTS STREET COUNCIL STORM DRAIN NAME DISTRICT Storm Drein Map No. Exist. Pipe Prop. Pipe Replacement/Rehabilitation Size (in) Size (in) Length (I� Boca Raton Bivd. Intersection of Na. 4 2084-400SD 78 78 70 Boca Ralon & Canyon Creek Canyon Creek Boca Ralon Blvd. To No.4 2084-4005D 78 78 330 900 feet North of � 8oca Raton Blvd. rora� - aoo Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PQRT Q, — pR�E-�E^!�!l�E�RlN�G 1. Initial Data Collection a. Pre-Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and EA1-1 Rev 5/18/04 � _, :���,-,; j�,, �. � -,.. � '�;f. ;`.1,'l i�i.�u u �) �/��� � f �c' J v : �: L l`:' �t! .�•� �. ' t�j5��I �` r G: ^� r- i' -. F �i_7 J Y hrI Ll I�+�t: ui� L t� �,, ���:', lU, '?rJ�.�'o lP Sj�ii ��;i1��i(l� J�Gy. coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated. These inciude the following: One (1) pre-design kick-off meeting, (including the CITY's Department of Engineering and other departments that are impacted by the project). One (1) review meeting at completion of the City's review of the conceptual. engineering plans. b. Data Coilection 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, City Master plans, CITY drainage com�laint filss, existing applicable clr�inage studies and propert�� o�!nership �v available from the Tax Assessor's office. c. Cocrd�natian witl� Other A�en�ies During the concept phase the ENGINEER shall coordinate with all utilities, including utilities owned by the Ciry, TxDOT and railroads. These entities shall also be contacted if applicable, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall be shown on the concept plans. The ENGINEER shall show the location of the proposed utilitjr lines, existing utility lines and any adjustments and/or relocation of the existing lines within the project limits. ENGINEER shall complete all forms necessary for City to obtain permit letters from TxDOT and railroads and submit such forms to the Ciry. City shall be responsible for forwardina the forms to the affected agencies for execution. 2. Schedule Submittal and Monthly Progress Report The ENGINEER shall submit a project schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress reports as required under Attachment B of the contract. EP.1-2 Rev 5/18/04 f , j , f:"�,�,J;.-<< 1i?e_��J.�:t,: j j �' � U �L/ :,, � �, � iC ��,'�-. ,i � I' r I r� �I�l� �'C�\� � � ��gi:� ���� PART B- CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering a. ENGINEER will provide the following information: Ali plans, field notes, plats, maps, legal descriptions, or other specified documents prepared in conjunction with the requested services shall be provided in a digital format compatible with the electronic data collection and computer aided design and drafting software currently in use by the Department of Engineering. All text data such as plan and profile, legal descriptions, coor'dinate files, cut sheets, etc., shall be provided in the American Standard Code for Information IntercFiange (ASCII) format, and all drawing files shall be provided in Autocad (DWG or DXF) format (currently Release 12), or as otherwise approved in writing by the CITY, an�+ al! data collected and generated during the course of the proje�t shai! become the properry of the CITY. The minimum survey information to be provided on the plans shall include the foilowing: 1. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: 2. The foilowing 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 EA1-3 Rev 5/18/04 Side Drive and North Main Street). 3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. 4. No less than two horizontai bench marks, per line or location. 5. Bearings given on all proposed centerlines, or baselines. 6. Station equations relating utilities to paving, when appropriate. ii. Public Notification Prior to conducting design survey, ENGINEER will notify affected residents of the project in writing. The notification letter shali be on company letterhead and shali include the following: project name limits DOE project No., Consultant's Project Manager and phone no., scope of survey work and design survey schedule. The letter will be rev�evvec� and apnroved by the �ity pricar to distrib�ti�n. iii. Drainage Computations ENGINEER will review and document the storm water watershed drainage runoff area and existing street, right-of-way and storm sewer capacities for the subject site. A drainage area map will be drawn at 1" = 200' scale from available contour maps. 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. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with City standards. iv. Conceptual Engineering .Plan Submittal a. Conceptual plans shall be submitted to Ciry 14 days after Notice to Proceed Letter is issued. EA1-4 Rev 5/18/04 b. The ENGINEER shall furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and cost estimates for the ENGINEER's recommended plan. The ENGINEER shall also evaluate the phasing of the water, sanitary sewer, street and drainage work, and shall submit such evaluation in writing to the City as a part of the concept phase of the project. 2. Preliminary Engineering Upon approval of Part B, Paragraph IV, ENGINEER will prepare construction plans as follows: a. Drainage area maps with drainage calculations and hydraulic computations: Informati:on shown on the plans`wiil be consistent with Part A, Paragraph 1.b. for proposed condition. �. Preliminary project plan� and profils shset� �hich �ill shoU! the follo�rring and shall be on 22" x 34" sheets: Property Ownership Curb Lines Driveways Medians (if applicable) Sidewalks Existing and proposed water and sanitary sewer mains. c. Proposed roadway profile grades and elevations along each curb line; elevations at all p.v.i.'s; p.i's half stations; high and low points; vertical curve information; and pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing ground at the left and riqht-of-way lines shall be shown. Existing found properiy corners (e.g. Iron pins) , along the existing right-of- way shall be shown on the plans. Profiles for existing and proposed storm drain mains and leads shall be provided. d. Existing utilities and utility easements will be shown on the roadway plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to ascertain what, if any, future improvements are EA1-5 Rev 5/18/04 planned that may impact the project. e. Freliminary roadway cross-sections will be developed, from the survey notes, at intervals not-to-exceed 50 foot along the project length and will extend 10' past the right of way line on both sides of the street. Additional cross-sections at important features including driveways, p.i.'s of intersecting streets, (minimum distance of 100' along cross-street at each P.I.) walks, retaining walis, etc., will also be provided. Profiles of centerline - of driveways will also be provided where necessary. Scale will be 1" = 10' horizontal and 1" = 2' vertical. f. Street and intersection layouts. g. Proposed plan/profile sheets will conform to City of Fort Worth construction legend. Adeq�aate horizontal and vertical control shall be provided on the plan sheets to locate ali proposed and existing facilities. Legal descriptions (Lot Nos., Block Nos., and Addition Names) along with properry ownership shall be pro��ids�+ on the plan vie��. h. Furnish as a function of final plans, six (6) copies of the final cross-sections on 22" x 34" sheets. Information on these sheets will include centerline station, profile grades and centerline elevations, roadway section (existing and proposed), right-of-way limits. Scale will be 1" = 20' horizontal and 1" _ 2' vertical with cross sections plotted with stationing from the bottom of the sheet, and will include laterals and inlets. CITY policy with regard to parking design shall be maintained. Excavation and embankment volumes and end area computations shall also be provided. I. Right-of-Way Research The ENGINEER will conduct preliminary research for availability of existing easements where open-cut construction or relocation of existing alignments is probable. Temporary and permanent easements will . be appropriated based on available information and recommendations will be made for approval by the City. EAl-6 Rev 5/18/04 j. Right-of-way/Easement Preparation and Submittal Preparation and submittal of right-of-way, easements and rights-of-entry will be in conformance with "Submittal of Information to Real Property Division for Acquisition of Propert�'. k. Utility Clearance Phase The ENGINEER will consult with the City's Transportation and Public Works Department, Water Department, Department of Engineering, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities that have an impact or influence on the project. ENGINEER will design City facilities to avoid or minimize conflicts,w�th.existing utilities. `"- The ENGINEER shall deliver a minimum of 13 sets of approved preliminary �pn�tr��tlQ!? p!ans to the City'S Utlllt��/ Cnprrlj�atnr fnr fnrw�rrljr�� t0 all Utllll)/ companies, which have facilities within the limits of the project. I. Prefiminary �o�struction Plan Submittal i. Preliminary construction plans and specifications shall be submitted to CITY 14 days after approval of Part B, Paragraph iv. ii. The ENGINEER shall deliver two (2) sets of preliminary construction plans and two (2) specifications to CITY for review. Generally, plan sheets shall be organized as follows: Cover Sheet General Layout and Legend Sheet Drainage Area Map and Computations Plan & Profile Sheets Standard Construction Details Special Details (If applicable) EA1-7 Rev 5/18/04 '= cc', �' i �����:�� ���rr�i�>j:��� ;,;�v'J�s:`� �JJ�6r '���v��l`�I'�-1_, . ���� .: ���J': i �' �aJ' j ��� L�! : iii. Preliminary estimate shail submit a preliminary estimate of probable construction cost with the preliminary plans submitted. Engineer shall assist City in selecting the feasible and or economical solutions to be pursued. m. Review Meetings with Ciiy The ENGINEER shail meet with CITY to discuss review comments for preliminary submittai. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. n. Pubiic Meeting After the preliminary plans have been reviewed and approved by the City, the ENGINEER shall prepare project exhibits, �provide the CITY with the database listing the names and addresses of all residents and business to be affected by the proposed project, and attend public meeting to help sxplain the proposed project to residents, The CITY shall s�lect a s�itable location and mail the invitation letters to the affected customers. 3. Finat Construction Plan SubmittaL a. Final Construction Documents shail be submitted to CITY 7 days after approval of Part B, Paragraph 2(b). Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents to CITY (each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas) and submit two (2) sets of plans and construction contract documents within 15 days of CITY's final approval. Plan sets shall be used for Part C activities. b. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shall submit a final estimate of probable construction cost with the final plans submitted. EA1-8 Rev 5/18/04 PART C - PRE-CONSTRUCTION ASSISTANCE Administraiion a. Bid Documents Submittal The ENGINEER will make available for bidding, upon request by the CITY, up to fifty (50) sets of the finai approved and dated pians and specifications and contract documents for the projects to the CITY for distribution to potentiai bidders. Proposal will be provided in electronic format. b. Bidding Assistance The ENGINEEf�shall assist the CITY cluring this phase including preparation and delivery of any additional adderida prior to bid opening to pian holders and respond to questions submitted to DOE by pros�ective bidders. Engineer shall attend the schedu[ed pre-bid conference. The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening, develop bid tabulations in hard copy and electronic format and return four (4) copies of the bid tabulation, along with the contract documents to the City within three (3) working days after bid openings. c. Assistance During Construction The ENGINEER shall attend the pre-construction conference for the project. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. EA1-9 Rev 5/18/04 ATTACHMENT "B" COMPENSATION AND SCHEDULE Gontr�ct G: 2004 CIP Ganyon Creek Storm Drain Rehabilitation Project No. 000095 Compensation A. The ENGINEER shall be compensated a total lump sum fee of $24,712.00 as summarized in Exhibit "B-3". Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" and Exhibit "A-1" for all labor, materials, supplies and equipment necessary to complete the project. B. The Engineer shall be paid monthly as described in Exhibit "B-1 ", Section 1— Method of , Payment. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of-_the Engineer. ` II. Schedule Final Plans and Contract Documents for bid advertisement shall be submitted within 64 calendar days after the "Notice to Proceed" letter is issued. A. Conceptual Engineering Plans —14 calendar days B, Preliminary Engineering Plans and Contract Documents —14 calendar days C. Final Engineering Plans and Contract Documents — 7 calendar days D. Final Plans and Contract Documents for Bid Advertisement — 64 calendar days 11/4/2004 B-1 EXH161T "B-1 " (SUPPLEMENT TO ATTACHMENT B) ��n#rzc# C: 2004 G!P Ca!?; �n Greek Storm Drain RehaSilitation Project No. 000095 Method of Payment Partial payment shall be made to the Engineer monthly upon City's approval of an invoice from the Engineer outlining the estimated current percent complete of the total project. The aggregate of such monthly partial payments shall not exceed the following: Until satisfactory completion of EXHIBIT "A-1", Conceptual Engineering Plan Submittal and approval by the City, a sum not to exceed 30 percent of the lump sum fee. Until satisfactory compietion of EXHIBIT "A-1", Preliminary Construction Plan Submittal to City, and approval by the City a sum not to exceed 60 percent of the lump sum fee, less previous payments. Until satisfactory completion of EXHIBIT "A=1", Final Construction Plan Submittal and approval by the City, a sum not to exceed 100 percent of the lump sum fee. Progress Reports A. The Engineer shall submit to the designated representative of the Director of the Department of Engineering monthly progress reports covering all phases of design by the 15th of every month in the format required by the City. B. If the Engineer determines in the course of making design drawings and specifications that the opinion of probable construction cost of $174,174.00 (as estimated in EXHIBIT "B-4") will be exceeded, whether by change in the scope of the project, increased costs or other conditions, the Engineer shall immediately report such fact to the City's Director of the Department of Engineering and, if so instructed by the Director of the Department of Engineering, Engineer shall suspend all work hereunder. 11 /4/2004 B 1-1 _ � - - _ � - . ..�.,f' C.�; ^ j -fj1 . . � j : � � : 4 ) �V�J�'.L� � , �QIf a �, I�i:�r�'I� . � J u .f ,.' � ��;i �i. U:�-1`1';�( �',' � ���^�:•�i��i�'i:,C� � U' V ���� T�i „,`:J :�:'J�� 5�;. EXHIBIT "B-2" (SUPPLEMENT TO ATTACHMENT B) Contract C: 2004 CIP Canyon Creek Storm Drain Rehabilitation Project No. 000095 2004 Standard Rate Schedule CLASSIFICATION PRINCIPAL PROJECT MANAGER CIVIL DESIGNER CADD TECHNICIAN CLERlCAL ACMWISTRATlOt�. 11 /4/2004 B2-1 RAW SALARY RATES $45.83 $41.67 $33.33 $27.08 $18.75 m m` � z 0 0 0 � 0 m 0 � n u u v��f» N s V A � �P j� � N W N � � O N O 0 W D � C� � m � < c� rn � D z � D 0 � � O Z D r � m Z7 < C�i m � � 0 z -� D Z n �z 5? rn m o :i1 A � c! o vZ v D 0 z m � O = v o rn W W o T` W t,,j o-�jrnD � O n - � � Z O N �1 � D � - C Z (� �1 =� m O = z D n � O r N --I --i D --1 O Z EXHIBIT "B-3B" (Suppiement to Attachment B) Contract C: 2004 CIP Canyon Creek Storm Drain Rehabilitation Project No. 000095 Printing and Reproduction: Concept Design Plan/Report (4 Sets of Report) Preliminary & Utility Clearance Plans (6 Sets of Construction Plans) Preliminary Specifications (2 Sets of Specifications) Final Plans (2 Sets of Final Plans) Final Specifications (2 Sets of Final Specifications) Bidding Plans (50 Sets of Construction Plans) . ($1.25/Sht X 8 Sheets X 4) ($1.25/Sht X 8 Sheets X 16) ($18/Ea X 2 Sets) ($1.25/Sht X 8 Sheets X 2) r.. ($18/Ea X 2 Sets) ($1.25/Sht X 8 Sheets X 50) $ 40.00 $ 210.00 $ 36.00 $ 20.00 $ 36.00 $ 500.00 Bidding Specifications ($18/Ea X 50 Sets) $ 900.00 (50 Sets of Specifications) Final Plans ($0.625/Sht X 8 Sheets X 5 sets) $ 25.00 (5 Sets of Nalf Size Plans) Original Mylar Plan Set ($5.00/Sht X 8 Sheets X 1) $ 40.00 (1 Set of Plans) Printing & Reproduction Subtotal $ 1,757.00 11 /4/2004 83-3 A N A � a - _ � � m p N O � m V � (T A W N � ZJ O � • v � o w � N � o o � a � � a � v, m 9' � � 'o �r. � ^ 3 � Z o � � � � o m 7J � C� o ' � o � m � o � y ° 2 r 37 � � m � � 37 �. o m d m w m � n �- O C C ^ O W O (n N � � < 7- p ^ (n m � O L (� � 7 � (=n lD � C � � J fll - � .n+ C < 7 7 TI � n O D = Z Ip fD N OC- O O �. 7 �i �- T _ O < � m L (D O , fA o > > p� c' r o m � T w � s f � T � o � � � � � v i °' � m � m � ' m o — - m m m ^. � o m n .�- v�i �,a � �° m � o m N � w � 1 a x � � y � O o g m < z � w � � �D m p � 7 N 'D 91 � m� �1 �ry (D � 7 '1 o � m _ � � v, n � � � o � � � z - ? o n> � m � o � � Z � n m m N � O !n ,�p O n � '9 z v n Z jTj o � o X � o � _ '" ' W � � z c� o m r r r n m tn C) r m (� r D Z �� D � (n cn (n � D � � � D � �t C 'i o � m = ` -.I If I� 1 Iy I-� IJ IA � �� O Z O o 1 � � r -C r O rn --` 64 6> (D fn A (D (71 OJ 1 O 1 O V N A O � (D CJ� o O O O O 0 0 0 0 70 � o � m W m �c o n �i �' O = m 3 z � v i � �o � c m c� in � o g � -I ' v Z � � n a � = O D � -N-I Z o � � � -i � � 0 � m �" w n °' o 'm s -� d -� m a O �' A � o a r c v, �n Z w � -1 r» o o r�s n :n o o rv i O T O O O N y � O O O O ...� � o 0 0 0 -� O � � _ (�J A V bl r O O O O O O O O O O �' - _- " � 0 0 0 0 0 0 0 0 0 0 ,_, ,—.l r � > > ' ,� — s >�� �� �;° ;' �`�L,, � �., , ��� ::�.'��:�;�, �!�'. ATTACHMENT "C' CHANGES AND AMENDMENTS TO �TA�d���� :��R�E�III€NT ��fD �►Ti�►�r�MENT ��A'� There are no changes or amendments to STANDARD AGREEMENT and ATTACHMENT "A". � � 11 /4/2004 C-1 � D r m Z v D � v -nC � 0 0 � � � m � � �D � <_ a �. � m' j � � n � co �. o � � Q � � � � _ o � � o' ^' -i � � � o w cn � � C� = c 'n o o -� w � N � m � � _ � W � � vi a -�v � w �' o � n � j � � u� o Q � n � o � � a � � w a 0 0 � � � a � � � v � � < � � � � � <. � ?: 70 0 -0 3 � m < ai � N m C7 � v_i cn �n � � o o � � R° o 'o 0 .-n« � � � fn � 'D R° < � co' ui c � � � � � � � n. m -" 77 � � � � < � � � � n � � � � �� � � � D Cn � � � Q � n ? n < ,� v� ,< � � � 3 � � � C oZ � � C) � o � o � n � � O � � � o. � m � m w � � R� � v m � n � � � O Z O � � D � � N N N � j N tU � j � C� � � � y rn � a� ��" � � v, o� � �' w a � W N n O O O � � � O O O O N N � N N � � � � Cl7 U7 C�17 � � � (It O O � O O � .� � � � � N N N � '1\V W N � N -�-. �� ...�i � �'' � N � � -� O N N N N N N N N N N N � � N N Z RI O O O N N N !11 O O O O O O 2 Ci O O O O O CO1i COJ7 CO17 C�Ji � (�17 � C�J1 CO77 COIt � ? �A 'A A � � C -i p --+ 1 A i � V V V V � J '� -+ � O Z � 1 a � -� D T (7 Z --I � C = D r v c � n -� 0 z � D � � O � � m� n= �� �^m `' � 2 � m vo C j m =