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HomeMy WebLinkAboutContract 35138�;iTY ��.C��`I��63''i� ' t�' � � � ��OfViF�ACT nJC� . ��� CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and EJES, Inc., (the "ENGINEER"), for a PROJECT generally described as: Water and Sanitary Sewer Replacement Contract 2005, WSM-L. Article I Scope of Services A The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGIfVEER will be made as follows: Invoice and Payment The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. The ENGINEER will issue monthly invoices for all work perFormed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invaice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. __ WDARD ENGINEERING AGREEMENT (REV 10/06/0� e1of14 ��. ,� � , , ,s, ;o, � i '' ,' ;�r',Il' �;��''��''.;; f:—i,� �. ��l r, ��,., -�r;=>i;'„1511ic�����\�7 �� 1 �;�����. ����� a, _1.. c;,� �' � b C: � �? q �5� ;!ti;�1j�;���'UI I��C'`,' p fU� .. ��'J.�l1:9 u� � oa�iwA� 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 fumishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are perFormed. C. SubsurFace Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurFace investigations in connection with design and engineering work to be perFormed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurFace investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigatians have been made. Because of the inherent uncertainties in subsurFace evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/0� Page 2 of 14 E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work irt 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 connecfiion with their work or any health or safety precautions. (2) F�ccept to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGI(VEER 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, #he ENGINEER should make an on-site observation(s), on the basis of such on-site abservations, if any, the ENGINEER 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 of perFormance or characteristics of materials, systems or equipment is reasonably required to perForm the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (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, STANDARD ENGINEERING AGREEMENT (REV 10/06/OS) Page 3 of 14 or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGIIVEER makes no warranty that the GITY's actual PR�JECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments #o the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observa�ion 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 thai there are not other matters at issue befinreen the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in p�rt, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of variaus components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, 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 to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination ofi 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 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 STANDARD ENGINEERING AGREEMENT (REV 10/O6/O5) Page 4 of 14 the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance wiih 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 three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, dacuments, 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 sh�ll give subcon-sultant reasonable advance no#ice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The C17Y agrees to reimburse ENGINEER for the cosfi of copies at the rate published in the Texas Administrative Code in effect as of the time copying is perFormed. K. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificat�(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 $2,OQO,OOQ aggregate Automobile Liability $1,000,000 each accident on a combined single limit or $250,Q00 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned when said vehicle is used in the course of the PROJECT. STANDARD ENGINEERING AGREEMENT (REV 10/06/O5) Page 5 of 14 Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims-made basis and 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 contracfi. (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented therebn. (c) Any faiture on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of forty-five (45) 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 Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. STANDARD ENGINEERING AGREEMENT (REV 10/06/0� Page6of14 L. M. (f) 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 financiaf resources or letters 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 shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions in writing. (j) For all lines of coverage underwritten on a claims-made basis, other #han Professional Liability, the retroactive date shall be coincident with or priar to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims- made. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis. (I) Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documenfiation thereof on a certificate of insurance. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or emplvyee of the CITY. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or pofential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the _` r.i ��I?L� �c��;r'„' ,L ��� �t: r �l;r���:=>���!� 1::i��V�J�:�rU 'N � U �l, ;��',� �� ri i5 �/°� �";'iVi �:J .1 i`;1„ �� �, .1•. ��� ����;���?���, �L��� STANDARD ENGINEERING AGREEMENT (REV 10/O6lOS) Page 7 of 14 proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the 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 should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specific�tions, 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 �greemEnt which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. C'rty-Fumished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services 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. STANDARD ENGINEERING AGREEMENT (REV 101D6/6S� Page 8 of 14 C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay fior all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attamey, 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 Noti�e 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 af the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Re�ease. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINE�R had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2� The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Artic{e tV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGfNEER for contractvr's negligence. STANDARD ENGINEERING AGREEMENT (REV 10/06/65) Page 9 of 14 H. Contractor Claims and Third-Parly Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipmenfi and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcantractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and #he ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity vr person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this secfion 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 struetures asso�iated with the PROJECT. (2) The C17Y 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 af 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 sep�rate 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 STANDARD ENGINEERING AGREEMENT (REV 10/O6/OS) Page 10 of 14 required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Articte VI Generat 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 C. � Afl 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 ENGIfVEER will be at the CITY's sale risk. The CITY shall own the final designs, drawings, specifications and documents. Force Majeure The ENGINEER is not responsible for damages or delay in pertormance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. Termination (1) This AGREEMENT ma 30 days' written notice. CITY ar the ENGINEE through no fault of the nonper#ormance with 5 correction thereafter. y be terminated only by the City for convenience on This AGREEMENT may be terminated by either the R for cause if either parky fails substantially to perForm other and does not commence correction of such days of written notice and diligently complete the (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEEF� will be paid for terminatian expenses as follows: �� b. ) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/O5) Page 11 of 14 ,�, �,l ; .� � � J�; , ;'�i ry1�/ S'r,�1 �� �'��^ �' � �'',� � ,�� v3 I J .�.�. .JJ�: J ^ — �. ��:;.�,r.-il,r, �I',i:',;l o .. ,%':Y;l� 1l9 U':5�,� o work underway at the time the CITY'S terminatian 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 ClTY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECTs schedute, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification (1) �fhe ENGINEER agre�s to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subconfiractors in connection 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 T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party shall assign all or any part of this AGREEMENT without fihe prior written consent of the other party. H. Interpr�tation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the GITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its STANDARD ENGINEERING AGREEMENT (REV 10/06/O5) Page 12 of 14 interpretation and perFormance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Altemate Dispute Resolution (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 obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If inediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction (ndustry Arbitration Rules of the American Arbitration Association or other appficable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of �ttorney'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 e�ctent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attomey's fees, costs and 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 vaid and shall not be used by either party 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 unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. sha{I survive termination of this AGREEMENT for any cause. L. Observe and Comply ENGINEER sha(I 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 defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against alf claims or liability arising out of the violation of any such order, f�w, ordinance, or regulation, whether it be by itself or its employees. STANDARD ENGINEERING AGREEMENT (REV 10/O6lO5) Page 13 0(14 Articie V1I Attachments, Schedules, and Signatures This AGREEMENT, including it5 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 ap . F�cecuted this the � day of � , 2007. ATTEST: Marty Hendrix City Secretary r_ � Contract Authoriz�tior�. Date - - - - APPb�OU,�D AS T�.FORM l�P1{� LEGAUTY ATTEST: STANDARD ENGINEERING AGREEMENT (REV 10/06/OS) Page 14 of 14 CITY OF FORT WORTH ,r B� e Marc A. Ott � Assistant City Manager AP,PROV COMMENDED � 1� A. Douglas Rademaker, P.E. DireCtor, Engineering Department EJES, INC. ENGINEER �� By. � � Edwin B. Jones, P.E. President � � ; �'�r':''� .. �._ , �i � "+ f �:, ��, h IS .I�` f. i �i �i ' , -. �., ` � f'J � r !� �� `����'' . `�7 U� r7 ,� ' � ��SL�.S ATTACHMENT "A" General Scope of Services "Scope of Services set forth herein can oniy be modified by additions, clarr�cations, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope of S�rvices and the General Scope of Services, the Supplemerltai Scape of Services shall have precedence overthe General Scope of Services." GENERAL 1) Preliminary Conference with City The Engineer shali 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 budgefiary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinat� with officials of other outside agencies as may be necessary for the design of the proposed street, and storm drain and/or water and wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechnicallnvestigations 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 Cifiy and the City`s geotechnical engineering consu{tant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the �ity. 4) Agreements and Permits The Engineer shall camplete all forms/applications ta 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 agreemenx and/or permits and wil( make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authonties, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If 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 -1- permitting authority. If such changes are required, the Engineer shall notify the City and 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) Plan Submittal 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 af such drawings far 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 thafi 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 awnership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights-of-way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in abtaining rights-of-way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of 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 fumish 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 utili#y, 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 work, and shall submit such evaluation in �rvriting to the City as part of this phase of the project. -2- 10) Conceptual Pians The Engineer shall fumish four (4) copies of the Phase 1 concept engineering ptans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer sh�ll submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval 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 cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by #he City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and praposed utilities. The preliminary construction plans shalt indicate location of exis#ing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construcfiion plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furhish 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 Contrac# Documents shall comply with applicable locaf, 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 The Engineer shalf furnish 45 bound copies of Phase 4 final approved construction 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 altemate materials and equipment proposed by the prospective constructors. 18) Recommendation of Award The Engineer shalf assist in the tabulation and review of all bids received for the construction of the �roject and shall make a recommendation of award to the City. 19) Prebid Conference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in eval�aafing bids or proposals and in assembling and awarding contracts for con�truction, 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. � 23) Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill test reports on materials and equipment. 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 encauntered. 26) Record Drawings The Engineer shall prepare record drawings from information submitted by the contractor. �, � �, , •, �� ��:;, 'r�" �� �� �'v �i;l'� '�:'�UU:�1 �� -5- i ���1� ����;��C�'�;'`�r?`;i ��� '.:.���;;f�l �n�, ����, EXHIBIT "A-1" (Supplement To Attachment "A") SUPPLEMENTAL SCOPE OF SERVICES DESIGN SERVICES: WATER AND/OR SANITARY SEWER IMPROVEMENTS The following is a clarification of the tasks that the ENGINEER will perform under ATTA�HMENT "A", Work under this attachment includes engineering services for water and/or sanitary sewer improvements for the following: Water and Sanitary Sewer Replacement Contract 2005, WSM-L DOE No. 5298 City Project No. 00388 SUMMARY OF IMPROVEMENTS WATER SANITARY SEWER STREET COUNCIL Exist. Prop. Exist. Prop. Water Map Replacement Sewer Map Replacement NAME DISTRICT No P�Pa P�Pe Length (I� No. P�pe Pipe Length (I� Size (in) Slze (in) Size (in) Size (in) W. Bolt Street �036-366W 2036-368S 12 12 546 LubbockAve. No.9 2042-368W 12 12 2750 2042-368S 8 8 969 to 2042-3�2W 2042-3725 8 8 525 Stadium Dr. 2036-372W 2036-3725 8 8 89 PARK HILL DR. ShirleyAve. 2042-380W 24 24 2100 No.9 2036-380S 6 6 60 to 2036-380W 6 8 1700 Coloniel Pkwy. PARK HILL DR. Colonial Pkvry. No. 9 2036-380W 24 24 780 to 6 8 1080 Slmondale Dr. I(JIAL= 8,410 Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: Rev il/02/OS 2,189 PART A — PRE-ENGINEERING 1. Initial Data Collection a. Pre-Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and 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 include 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 Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may irnpact the project including; utilities, Ciry Master plans, properry ownership as available from the Tax Assessor's office. The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer EA1-2 Rev il/02/OS lateral or m ain: The CITY shall furnish the Engineer with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the Engineer will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the Engineer shall delay the design of the sewer service line until after the start of construction. The CITY will then direct the Contractor to de-hole the service line at the clean-out location of all buildings or structures so that the Engineer's surveyor can determine the flow line of the sewer service line. The Engineer shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. c. Coordination with Other Agencies During the concept phase the ENGINEER shall coordinate with all utilities, including utilities owned by the City, 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 utility 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 City. City shall be responsible for forwarding the forms to the affected agencies for execution. 2. Schedule Submittal and Monthly Progress Report The ENGIENER shall submit a progress 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. PART B- CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering i. Surveys for Design Rev 11/04/OS EA1-3 ,a. ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information which will be needed for use by the ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location and buried utilities, structures, and other features relevant to the final plan sheets. For sewer lines located in alleys or backyards, ENGINEER will obtain the following: Obtain permission for surveying through private property. Locate horizontal and vertical alignment of utiliry lines. Tie improvements, trees, fences, walls, etc., horizontally along rear lines in an approximately 50' wide strip. In addition, locate all rear house corners and building corners in backyards. Profile existing water and/or sewer line centerline. Compile base plan from field survey data at 1"-40' scale. Obtain permission for surveying through private property. Locate horizontal and vertical alignment of utility lines, existing utilities, trees, fences, walls, etc., horizontally along rear lot lines in an approximately 20' wide strip. In addition, locate all rear house corners and building corners in backyards. Compile base plan from field survey data at 1" = 40' horizontal and 1" = 4' vertical scale. When conducting design survey at any location on the project, the consultant or its sub-consultant shall carry readily visible information identifying the name of the company and the company representative. All company vehicles shall also be readily identified. b. Engineer will provide the following information: All 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 CITY Department of Engineering. Eas-a Rev 11/02/OS ��;; � {'l'���� � �'��",J'i�� ��j;�� ,.-� �ra���; ��� j� � jt�,u��,�l ,, � L �L ,,�' � � r 2 � ? JI , �;!r���;l�lj � ���c.� All text data such as plan and profile, legal descriptions, coordinate files, cut sheets, etc., shall be provided in the American Standard Code for Information Interchange (ASCII) format, all drawing files shall be provided in MicroStation (DGN) or Autocad (DWG or DXF) format (currently Release 2002), or as otherwise approved in writing by the CITY, and all data colleted generated during the course of the project shall become the property of the CITY. The minimum information ta be provided in the plans shall include the following: 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 following information about each Control Point; a. identified (Existing City Monument #8901, PK Nail, 5/8" I ron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). 3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, fVlanholes, Valves, etc., in the same coordinate system, as the Control Points. 4. No less than two bench marks plan/profile sheet. 5. Bearings given on all proposed centerlines, or baselines. 6. Station equations relating utilities to paving, when appropriate. 7. Obtain the "foot prinY' of all properties where the sanitary EA1-5 Rev 11/02/OS sewer service line is to be relocated or rerouted. ii. Public Notification and PersonnelNehicle Identification a. Prior to conducting design survey, ENGINEER will notify affected residents of the project in writing. The notification letter shall be on company letterhead and shall 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 reviewed and approved by the City prior to distribution. b. When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. All company vehicles shall also be readily identifiable, iii. Conceptual Engineering Plan Submittal a. 'Conceptual plans shall be submitted to City 35 days after Notice to Proceed Letter is issued. b. The ENGINEER shall perform conceptual design of the proposed improvements and furnish four (4) copies of the concept engineering plans which includes layouts, preliminary right-of-way needs and cost estimates for the ENGINEER's recommended plan. ENGINEER shall perform remaining field surveys required for final design of selected route(s). 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 Ciry as a part of the concept phase of the project. All design shall be in conformance with Fort Worth Water Department policy and procedure for processing water and sewer design. ENGINEER shall review the City's water and sewer master plan, other pertinent design information and provide a summary of findings pertaining to the proposed project. 2. Preliminary Engineering EP,1-6 xa� uioaios Upon approval of Part B, Paragraph iii (b), ENGINEER will prepare preliminary construction plans as follows: a. Overall water andlor sanitary sewer layout sheets and an overall easement layout sheet(s). b. Preliminary project plans and profile sheets on 22" x 34" sheets which show the following: Proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service. lines and meter boxes, gate valves, isolation valves, manholes etc., related appurtenances and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. c. For sewer lines, pipelines schedule for point repairs, rehabilitation and replacement will be located on the base sheets prepared from survey information gathered under Part B, Paragraph b. Conflicts shall be resolved where pipelines are to be rehabilitated on the same line segment. Base sheets shall reference affected or adjacent streets. Where open-cut and trenchless technology construction is anticipated, below and above ground utilities will be located and shown on the base sheets. d. Existing utilities and utility easements will be shown on the plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to determine if any future improvements are planned that may impact the project. e. The design for sewer service line reroute/relocation will be provided if the flow line elevation of the sewer service can be determined from the cleanout location. If this elevation cannot be determined during design survey, the design shall be provided after award of the construction contract as specified in Part A, Paragraph 1 b, Rev 11/02/OS f. The ENGINEER shall make provisions for reconnecting ail identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of- way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. g. The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-Section of the City's specifications. These may inciude connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchiess details, and special service lateral reconnections. h. Right-of-Way Research The ENGINEER will conduct preliminary research for availability of existing easements where open-cut construction ar 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. 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 for Acquisition of Property". j. Utility Clearance Phase The ENGINEER will consult with the City's Water �i-a xa� iiiozios Department, Department of Engineering, and other CITY departments, public utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities that have an impact or inffuence on the project. ENGINEER will design City facilities to avoid or minimize conflicts with existing utilities. The ENGINEER shall deliver a minimum of 13 sets of approved preliminary construction plans to the City's Utility Coordinator for forwarding to all utility companies, which have facilities within the limits of the project. k. Preliminary construction plan submittal i. Preliminary plans and specifications shall be submitted to City 70 davs after approval of Part B, Paragraph iii (b). ii. . The ENGINEER shall deliver two .(2) sets of preliminary construction pfans and two (2) sets of specifications and contract documents to CITY for review. Generally, plan sh�ets shall be organized as follows: Cover Sheet General Notes/Legand Easement layout (if applicable) Abandonment Plan & Profile Sheets Standard Construction Details Special Details (If applicable) iii. The ENGINEER shall 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. EAl-9 Rev 11/01/OS I. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments for preliminary submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. m. 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 explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. 3. Final Construction Plan Submittal a. Final Construction Documents shall be submitted to CITY 21 days after approval of Part B, Paragraph 2 k. 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 canstruction cost with the final plans submitted. c. Mylar Subrr�ittals Rev 11/02/OS EA1-10 The ENGINEER shall submit a final set of mylar drawings for record storage as follows: 1. Water and sanitary sewer plans shall be submitted as one set of plans. Water and sanitary sewer plans shall be separate from paving and drainage plans. All sheets shall be standard size (22" x 34") with all project numbers (Water/Sanitary Sewer and TPW) prominently displayed. 2. For projects where paving/grating/drainage improvements occur on a Water Department funded project with no T&PW funding involved, a separate set of mylars with cover sheet shall be submitted for TPW. 3. Signed plans sets shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file. There shall be one (1) PDF file for the Water plan set and a separate PDF file for the TPW plan set. Each PDF file shall contain all associated sheets of the particular plan set. Singular PDF files for each sheet of a plan set will not be accepted. PDF files shall conform to naming conventions as follows: I. Water and Sewer file name example —"X- 35667_org36.pdf" where "X-35667" is the assigned file number obtained from the City of Fort Worth, "_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 II. TPW file name example —"W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the City of Fort Worth, "_org" designating 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 PDF files shall be submitted on one (1) Compact Disk, which will Rev 11/02/OS become property of and remain with the Ciry of Fort Worth. Floppy disks, zip disks, e-mail flash media will not be accepted. 4. For information on the proper manner to submit PDF files and to obtain a file number for the project, contact the Department of Engineering Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the DOE number and proper fund codes have been assigned and are in the Department of Engineering database. PART C - PRE-CONSTRUCTION ASSISTANCE Administration a. Deliver Bid Documents The ENGINEER will make available for bidding, upon request by the CITY, up to fifty (50) sets of the final approved and dated plans and specifications and contract documents for the projects to the CITY tor distribution to potential bidders. Proposal will be delivered in electronic format. b. Bidding Assistance The ENGINEER shall assist the CITY during this phase including preparation and delivery of any additional addenda prior to bid opening to plan holders and respond to questions submitted to DOE by prospective bidders. Engineer shall attend the scheduled 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 EA1-12 Rev 11/02/OS ,... j�,j , ��,,:,:;��� � l:'f�J�l.�l:a1� I�l��l`.��i;it��ll� �(� ��r :''�r';i � j�°i� ���7 ������� �,�,;�1.� ��,a�i.. � ��o "�-.�p � ���.:';J ��' U �!4 ��� G � i 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. EA1-13 Rev 11/02/OS ATTACHMENT "B" COMPENSATION SCHEDULE Water and Sanitary Sewer Replacement Contract 2005 WSM-L (W. Bol# Street from Lubbock Avenue to Stadium Street Park Hill Drive from Shirley Avenue to Colonial Parkway) DOE No. 5298 City Project No. 00388 Compensation A. The ENGINEER shall be compensated a total lump sum fee of $160,650.000 for Basic and Special Services 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. Subcontractor cost shall be reimbursed at the actual invoice cost plus 10%. C. The ENGINEER shall be paid in monthly partial payments as described in EXHIBIT "B-1" upon receipt of invoices submitted by the ENGINEER, based on an estimate of the percentage of completion of the project, not to exceed the milestone limits described on EXHIBIT "B-1". ' Schedule Final Plans and Contract Documents for bid advertisement shall be submitted within 175 calendar days after the "Notice to Proceed" letter is issued. A. Conceptual Engineering Plans — 30 calendar days B, Preliminary Engineering Plans and Contract Documents —130 calendar days C. Final Engineering Plans and Contract Documents —15 calendar days D. Final Plans and Contract Documents for Bid Advertisement —175 calendar days B-1 EXHIBIT "B-1" METHOD OF PAYMENT Water and Sanitary Sewer Replacement Contract 2005, WSM-L (W. Bolt Street from Lubbock Ave. to Stadium St. Park Hill Drive from Shirley Ave. to Colonial Pkwy.) DOE No. 5298 City Project No. 00388 The ENGINEER shall be paid monthly upon receipt of an invoice on the basis of statements prepared from the books and records of account of the ENGINEER, based on the ENGINEER'S estimate of the percentage of completion of the project, such statements to be verified as to accuracy and compliance with the terms of this contract by an officer of ENGINEER. Payment according to statements will be subject to certification by the Director of the Department of Engineering or his authorized representative that such work has been performed. The aggregate of such monthly partial payments shall not exceed the following: Until satisfactory completion of EXHIBIT "A-1 ", Part B, Section 1 and 2 hereunder, a sum not to exceed 30 percent of the lump sum fee. Until satisfactory completion of EXHIBIT "A-1", Part B, Section 3 hereunder, a sum not to exceed 60 percent of the lump sum fee. Until satisfactory completion of EXHIBIT "A-1", Part B, Section 4 hereunder, a sum not to exceed 90 percent of the lump sum fee. Balance of earnings to be due and payable upon delivery to the CITY of plans and bid documents for advertising as described in EXHIBIT "A-1", Part C. Note: If the ENGINEER determines that in the course of making design drawings and 5pecifications, the engineer's opinion of probable construction cost of $ 1,781,926.00 (as estimated in EXHIB�T "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. EB1-1 EXHIBIT "B-2" (Supplement to Attachment B) HOURLY RATE SCHEDULE Engineering Design Services Associated with Water and Sanitary Sewer Replacement Contract 2005, WSM-L (W. Bolt Street from Lubbock Ave. to Stadium St. Park Hill Drive from Shirley Ave. to Colonial Pkwy.) DOE No. 5298 EJES, INC. City Project No. 00388 2006 Standard Rate Schedule CLASSIFICATION PRINCIPAL PROJECT MANAGER DESIGN ENGINEER JUNIOR ENGINEER SENIOR TECHNICIAN CADD TECHNICIAN CLERICAL ADMINISTRATION :% RAW SALARY RATES $114.00 $111.00 $91.00 $77.00 $92.00 $73.00 $48.00 EXHIBIT "B-3A" DESIGN FEE COST SUMMARY Water and Sanitary Sewer Replacement Contract 2005, WSM-L (W. Bolt Street from Lubbock Ave. to Stadium St. Park Hill Drive from Shirley Ave. to Colonial Pkwy.) DOE No. 5298 City Project No. 00388 PHASE SCOPE OF SERVICES FEE M/WBE % I— Basic Design Services Water & Sanitary Sewer Replacements $108,298.00 67.41 II — Additional Services Water & Sanitary Sewer Replacements $13,396.00 8.34 SUB-CONSULTANTS SCOPE OF SERVICES FEE M/WBE % A.N.A. Consultants, L.L.C. Design, Survey, Easements $31,497.00 Yes 19.61 TreJino & Associates, Inc. Reproduction $7,459.00 Yes 4.64 TOTAL EB3A-1 $160,650.00 EXHIBIT "B-3B" (Supplement to Attachment B) Water and Sanitary Sewer Replacement Contract 2005, WSM-L (W. Bolt Street from Lubbock Ave. to Stadium St. Park Hill Drive from Shirley Ave. to Colonial Pkwy.) DOE No. 5298 City Project No. 00388 PART A— Conceptual Design, and Part B— Plans & Specifications Water Department: (Construction Cost X ASCE Curve "A" X 85%) $1,781,926.00X 7.15% X 85.00%= $108,298.00 Water Improvements = 71.64% Sanitary Sewer Improvements = 28.56% Water Basic Design Service Total = TOTAL DESIGN FEE SUMMARY 1 Water Fee Basic Design Additional Services Design Survey Total Water Fee Sewer Fee Basic Design Additional Services Design Survey Total Sewer Fee Total Water and Sewer Design Fee - EB3B-1 $77,368.00 $30,930.00 $108,298.00 $77,368.00 $14,344.00 $24, 930.00 $116,642.00 $30, 930.00 $6,511.00 $6,567.00 $44,008.00 $160,650.00 EXHIBIT "B-36" (Supplement to Attachment B) Water and Sanitary Sewer Replacement Contract 2005, WSM-L (W. Bolt Street from Lubbock Ave. to Stadium St. Park Hill Drive from Shirley Ave. to Colonial Pkwy.) DOE No. 5298 City Project No. 00388 SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE) A. SUMMARY OF TOTAL FEE Service Descri tion Water Sewer Total Engineering Services & Additional Services $91,712.00 $37,441.00 $129,153.00 Surve in Services $24,930.00 $6,567.00 $31,497.00 Total $116,642.00 $44,008.00 $160,650.00 B. BREAKDOWN OF WATER AfVD SEWER FEES (LESS SURVEY FEES) Total Water Fee (less survev fee) Breakdown bv Concept, Preliminary and Final Desiqn a. Concept (30%) _(Total Water Fee- Water Survey Fee) x(0.3) b. Preliminary (60%) _(Total Water Fee- Water Survey Fee) x(0.6) c. Final (10%) _(Total Water Fee- Water Survey Fee) x(0.1) Total _ $ 27,514.00 _ $ 55,027.00 _ $ 9,171.00 _ $ 91,712.00 Total Sewer Fee (less survey fee) Breakdown bv Concept, Preliminary and Final Desiqn a. Concept (30%) _(Total Sewer Fee- Sewer Survey Fee) x(0.3) b. Preliminary (60%) _(Total Sewer Fee- Sewer Survey Fee) x(0.6) c. Final (10%) _(Total Sewer Fee- Sewer Survey Fee) x(0.1) Total EB3B-2 _ $ 11,232.00 _ $ 22,465.00 _ $ 3,744.00 _ $ .37,441.00 Water EXHIBIT "B-3C" (Supplement to Attachment B) Water and Sanitary Sewer Replacement Contract 2005, WSM-L (W. Bolt Street from Lubbock Ave._to Stadium St. Park Hill Drive from Shirley Ave. t� Colonial Pkwy.) DOE No. 5298 City Project No. 00388 Survevinq Services: Topographic Surveys Sanitary Sewer 8,310 LF X $ 3.00 /LF = Topographic Surveys 2,189 LF X $ 3.00 /LF = Water Department: Total for Surveying Services � EB3C-1 $24,930.00 $ 6,567.00 $31,497.00 EXHIBIT "B-3D" (Supplement to Attachment B) Water and Sanitary Sewer Replacement Contract 2005, WSM-L (W. Bolt Street from Lubbock Ave. to Stadium 5t. Park Hill Drive from Shirley Ave. to Colonial Pkwy.) DOE No. 5298 City Project No. 00388 Additional Services: Water Improvements Erosion Control Plans & SW3P Shop Drawings Review for Large Water Main Meeting & Quarterly Reports Printing $ Reproduction Subtotal Administrative (10%) Fee on M/WBE Firms & Reproduction Addifiional Services — Water Subtotal Sewer Improvements Erosion Control Plans & SW3P Meeting & Quarterly Reports Printing $ Reproduction Subtotal Administrative (10%) Fee on M/WBE Firms & Reproduction Additional Services — Sewer Subtotal Total Additional Services EB3D-1 = 3 100.00 = 1 850.00 = 1 200.00 = 5 329.00 = 2 865.00 _ $14,344.00 = 2 500.00 = 1 000.00 = 2 130.00 = 881.00 = 6 511.00 = 20 855.00 0 EXHIBIT "B-3E" (Supplement to Attachment B) Water and Sanitary Sewer Replacement Contract 2005, WSM-L (W. Bolt Street from Lubbock Ave. to Stadium St. Park Hill Drive from Shirley Ave. to Colonial Pkwy.) DOE No. 5298 . City Project No. 00388 Printinq & Reproduction Water Department Conceptual Design Report 2 Sets of Reports Preliminary & Utility Clearance Plans 16 Sets of Construction Plans 2 Sets of Specifications Final Plans 2 Sets of construction Plans 2 Sets of Specifications 1 Sets af SW3P Report Bid Documents 50 Sets of Construction Plans 50 Sets of Specifications 6 Sets of SW3P Report Mounted Exhibits for Public Meetings 1 Drawings Final Mylars for Record Purposes 1 Set of Plans 10 Half Size Plans Printing & Reproduction Subtotal Water Replacement ( 71.44%) Sewer Replacement ( 28.56%) $2.30 /Pg X 30 Pg/Report X 2 = 138.00 $2.30 /Pg X 30 Pg/Report X 16 = 1 104.00 $0.25 /Pg X 65 Pg/Report X 2 = 32.50 $2.30 /Pg X 30 Pg/Report X 2 = 138.00 $0.25 /Pg X 65 Pg/Report X 2 = 32.50 $65.00 /Set X 1 Set/Report X 2 = 130.00 $2.30 /Pg X 30 Pg/Report X 50 = 3 450.00 $0.25 /Pg X 65 Pg/Report X 50 = 812.50 $65.00 /Set X 1 Set/Report X 6 = 390.00 $50.00 /Board X 5 Boards = 250.00 $15.20 /Sheet X 30 Pg/Rpt X 1 = 456.00 $1.75 /Sheet X 30 Pg/Rpt X 10 = 525.00 = 7 459.00 = 5 329.00 = 2 130.00 i�� �� 1'�� lc`'! l t:''s v��� ;':; i ;;.� �-°y ;,; �•,,5��� ��1 EB3E-1 �v��l ci12v:}�LS�-��.�• � ' ^ ^ 1P �n, ";�, �n �„ ,5 ,.l e .��✓Ji �l� ,4.Gv. m z c� z m 9 O 9 2 = X � 2 o W rD � m W 2 � 1 n � Z n O N -1 Ny 2 � D a < N m £ m 9 � 9 O < � m � m m z c� f = m m � 3 `� `� v � Z rn � � xT n y Z p av '� � i T Ya;[ Y � 9 � � :t O S � � p;=HR n �g�r'� W W �� � m 0 0 � O .�1 - 2 ' 2 -Ni � � n f � �' O � n O N �-1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT "A" Water and Sanitary Sewer Replacement Contract 2005, WSM-L (W. Bolt Street from Lubbock Ave. to Stadium St. Park Hill Drive from Shirley Ave. to Colonial Pkwy.) DOE No. 5298 City Project No. 00388 There are no changes or amendments to STANDARD AGREEMENT and ATTACHMENT "A". 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EJES INCORPORATED FORT YORTH. TEXAS 69M I1t�DERSON BLv0. SUITE 2M , FQti Y�iTF1, TEXAS 7612e TELa t017I �7-ly�J� FA%t te171 <37-',�f7B ATTACHMENT "E" 1+IATER AND SANITARY SEMER REPLACEMENT CONTRACT 2005 WSM-L 12" WATER MAIN REPLACEMENT COUNCIL DISTRICT - 9 BOL T STREE T �LUBBOCK ST. TO STADIUM ST.� CITY PROJECT No.00388 D.O.E. No. 5296 WATER WP No. 2042-36E� 2042-372. 2o3s-.3se. 2036-]7z. MAPSCD 90E .� EJES INCORPORATED FORT 1rORTH. TEXAS sw� �r�sa+ e�vo. Su1TE ZM FQtT YatTl�, TEXA� 7612� TEIa fsi71 �'S7•S.'i75 FAXt t8171,�7-�78 ATTACHMENT "E" WATER At� SANITRRY SEWER REPLACEMENT CONTRACT 2005 WSM-L L-6121 (STA.0+00 TO STA.5+25E) L-5768 ISTA.2+07 TO STA.2+96E�� COUNCII. OCSTRICT - 9 80LT STREET (LUBBOCK ST. TO STADIUM ST.) CITY PROJECT No.00386 O.O.E. No. 5298 SANITARY SEWER MAP No. 2042-368� 2042-S72a 20S6-S71f 2036-368s MAPSCO 90E EJES INC�RPORATED FORT YORTH. TEXAS 6eM w+OENSOn 9�.vo. 8UITE 2M FpRi YOfiTF� TE�tA6 7612! TELa ta17f �37-�' 7� FA%� td1 T1 �S7-'.�7d AT TACHMENT "E" MATER AND SANITARY SEWER REPLACEMENT CONTRACT 2005 MSM-L M-64A �STA. �2+62 TO STA. �18+061 L-6,32 �STA.0+00 TO STA.9+69E) COUNCIL DI5TRICT - 9 80LT STREET �LU660CK ST. TO STApIUM ST.) c1TY PROJEcr No, ee388 D.O.E. No. 5298 SANITARY SEIYER MAF' No. 20<2-S68s 2W2-372s 2U36-372s 2036-368� MAP5C0 90E � EJES INCORPORATED �ORT 6i0RTF� iEXAS 6'1M A1�DEBSOM BLYD. gU(TE 2M FOfti Y0�17ti. TEItAS 7612� iEi.a td171 �47-'Slf7S fA%s ta171 �57-'.i�78 ATTACHMENT "E" MATER AND SANITARY SEMER REPLACEMENT CONTRACT 2005 MSM-L M-72 �STA.14+27 TO STA.20+18) COUNCIL DISTRICT - 9 PARK HILL DRIVE �SHIRLEY AVE. TO COLONIAL PKWY.) CITY PROJECT No.80388 D.O.E. No. 5298 SANITARY SEWER iUP No. 2042-380� zo�-sao: �+�sca �sv, �s EJES INCORPORATED FORT YORTFI. TEXAS iq�e �nOERsa�+ B�vo� SUITE ZM FORr wOaT►�. tExnS �6i2� TELs tQ171 �57-5S7S FA%t ts173 �57-lfs7d AT TACHMENT "E" WATER ANO SAN[TARY SEMER REPLACEMENT CON7RACT 20@5 WSM-L 24' WATER MAIN REPLACEMENT COUNCIL OISTRICT - 9 PARK HILL DR�VE �SHIRLEY AVE. TO SIMONDALE Df�.� C1TY PROJECT No.00388 O.O.E. No..5298 fATER YAP Mo. 7G2•�l0. �o�s•�o. YAPSCO 7SV, 76S E�ES INCORPC�RATED FORT VORTFI, TEXAS 69e! M�OERSON BLYD. SU1TE ZM , FORT YORTF� iEICAS T61Z� TEI.t �BtTl,"�7-�67'� I FAJ� t81� ��7-4�i78 ATTACHMENT "E" WATER AND SANI1'ARY SEWER REPLACEMENT CONTRACT 2005 MSM-1, 24'MATER MAIN REPLACEMENT COUNCIL OISTRICT - 9 �ARK HILL DRIVE �COLONIAL PKWY. TO SIMONDAI.E DR.) CITY PROJECT No.00388 D.O.E. No. 5298 �ATLR YAP Mo. 20�6•3a0. YAPSCO 7SV.76S Page 1 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/20/2007 - Ordinance No. 17450-03-2007 DATE: Tuesday, March 20, 2007 LOG NAME: 30WSM-L EJES REFERENCE NO.: *�`C-22015 SUBJECT: Authorize Execution of an Engineering Agreement with EJES, Inc., for Water and Sanitary Sewer Replacement Contract 2005, WSM-L (City Project IVo. 0�388) and Adopt Appropriation Ordinance REC�MMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $188,916.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $136,700.00 and Sewer Capital Projects Fund in the amount of $52,216.00; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriation in the Water Capital Projects Fund in the amount of $136,70p.OQ and the Sewer Capital Projects Fund in the amount of $52,216.00, from available funds; and 3. Authorize the City Manager to execute an Engineering Agreement with EJES, Inc., in the amount of $160,650.00 for Water and Sanitary Sewer Replacement Contract 2005, WSM-L. DISCUSSION: This project consists of the preparatian of plans and specifications for water and sanitary sewer line replacement as indicated on the following streets: Street From W. Bolt Street Lubbock Avenue Park Hill Drive Sf�irley Avenue Park Hill Drive Colonial Parkway To Stadium Drive Colonial Parkway Simondale Drive Scope of Work water/sewer water/sewer water All disturbed segments of pavement will be permanently repaired with asphalt after the proposed improvements are complete. EJES, Inc., proposes to perform the necessary design work for a lump sum fee of $160,650.00. City staff considers this fee to be fair and reasonable for the scope of services proposed. In addition ta the $28,266.00 contract amount (water: $20,058 and sewer: $8,208), is required for project management by the Engineering Department. EJES, Inc., is in compliance with the City's M/WBE Ordinance by committing to 24 percent M/WBE participation. The City's goal on the project is 19 percent. The project is located in COUNCIL DISTRICT 9, Mapsco 75 V, 76 S and 90 E. http://www. cfwnet.org/council_packetlReports/mc�rint.asp 3/20/2007 Yage 2 ot� 3 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water and the Sewer Capital Projects Funds. TO Fund/Account/Centers 1� P253 472045 6091700388ZZ 1&2P258 472045 7091700388ZZ 2)P253 531350 609170038810 2P253 531350 609170038820 2)P253 531350 609170038831 2)P253 531200 609170038831 2)P253 531350 609170038832 2)P253 531350 609170038833 �P253 531200 609170038833 2)P253 531200 609170038851 2)P253 531200 609170038832 2)P253 531350 609170038860 2)P253 531350 609170038873 2)P253 533010 609470038881 � P258 531350 709170038820 �P258 531350 709170038831 2�P258 531200 709170038831 �P258 531350 709170038832 2�P258 531200 709170038832 $136,700.00 $52,216.00 $1,181.00 $871.00 $4,774.00 $27,514.00 $9,548.00 $1,591.00 $9,171.00 $24, 930.00 $55,027.00 $1,273.00 $750.00 $70.00 $727.00 $1,908.00 $11,232.00 $3,817.00 $22,465.00 2)P258 531350 709170038833 $636.00 2)P258 531200 709170038833 $3,744.00 2)P258 531200 709170038851 $6,567.00 �P258 531350 7091700388�0 $740.00 2)P258 531350 709170038873 $350.00 2)P258 533010 709170038881 $30.00 Submitted for City Manager's Office bv: Originating De�artment Head: Additional Information Contact: FROM Fund/Account/Centers � P258 531200 709170038851 � P258 531200 �09170038833 � P258 531200 709170038832 � P258 531200 709170038831 � P253 531200 609170038$51 � P253 531200 609170038833 � P253 531200 609170038832 � P253 531200 609170038831 PE45 538070 0609020 3)PE45 538070 0709020 Marc A. Ott (8476) A. Douglas Rademaker (6157) Rakesh Chaubey (6051) 6 567.00 $3,744.00 $22,465.00 $11,232.00 $24,930.00 $9L171.00 $55,027.00 $27,514.00 $136,700.00 $52,216.00 http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 3/20/2007 Page 3 of 3 http://www. cfwnet. org/council�acketlReports/mc�rint.asp 3/20/2007