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HomeMy WebLinkAboutContract 35554CITY SECFiETARY� CITY OF FORT WORTH, TEXAS CONTRACT NO STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Teague Nall & Perkins, Inc., (the "ENGINEER"), for a PROJECT generally described as: Storm Water Utility Project — Quail Run Drainage Improvements Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 1 of 20 �� i�i '� �� f ��.,�� D ORIGINAL �V Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and A nvestigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. 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 10/06/05) Page 2 of 20 E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on -site observation(s), on the basis of such on -site observations, 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 3 of 20 conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (1MV11BE) 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 of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 4 of 20 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 the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3)hereof. CITY shall give subcon-sultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the IT The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificates) 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 $2,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 5 of 20 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. 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 $110001000 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 contract. (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 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 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. � STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 6 of 20 (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. (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 financial 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. (j) For all lines of coverage underwritten on a claims -made basis, other than Professional Liability, the retroactive date shall be coincident with or prior 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 documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 7 of 20 M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the 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 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 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. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 8 of 20 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, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 9 of 20 G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/[nstallation 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 or requested assistance to assist in litigation undertake STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 10 of 20 not include costs of the ENGINEER support, prepare, document, bring, or defended by the CITY. In the for required defend, or event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts %J God, strikes, lockouts, accidents, or other events beyond the control of 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. STANDARD ENGINEERING AGREEMENT (REV 10l06/05) Page 11 of 20 (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 convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and 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, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors 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 the prior written consent of the other party. STANDARD ENGINEERING AGREEMENT (REV 10l06/05) Page 12 of 20 H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate 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 mediation 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 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 attorney'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 $50,000, exclusive of attorneys 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 void 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. shall survive termination of this AGREEMENT for any cause. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 13 of 20 L. Observe and Comply ENGINEER shall at all times laws and regulations and with way affect this AGREEMENT comply with all orders, laws observe and comply with all federal and State all City ordinances and regulations which in any and the work hereunder, and shall observe and ordinances and regulations which may exist or may be enacted during the term of this AGREEMENT by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 14 of 20 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A -Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed'this the Lday of Lfuu 20 ? ATTEST: Marty Hendrix U City Secretary Contraat Authorization Date ey AND LEGALITY STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 15 of 20 CITY OF FORT WORTH Marc A. Ott Assistant City Manager APPROVAL RECOMMENDED A. Douglas Rademaker, P.E. Director, Engineering Department By: NAME: Iy�lilton�P E TITLE: Vice President Ei 1 ATTACHMENT -�- ..- .Yar1t "Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope of Services and the General Scope of Services, 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 necessary for the design of the proposed street, and storm drain and/or water and wastewater facilk ties/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 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 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 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 16 of 20 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar a 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 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 obtaining 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) ®esign 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 work, and shall submit such evaluation in writing to the City as part of this phase of the project. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 17 of 20 10) Conceptual Plans The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans 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 shall 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 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 indicate location of existing/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 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. STANDARD ENGINEERING AGREEMENT (REV 10l06/05) Page 18 of 20 10) 17) 20) 21) 22) Final Approved Construction Plans The Engineer shall 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. 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 substitution 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. 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. Prebid Conference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. PHASE 5 Preconstruction Conference The Engineer shall attend the preconstruction conference. Construction Survey The Engineer shall be available to the City on matters during its construction and will set control points in th stake the project. The setting of line and grade stakes will be performed by the City. Site Visits concerning the layout of the project field to allow City survey crews to and route inspection of construction he Engineer Tshall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 19 of 20 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. 241 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. STANDARD ENGINEERING AGREEMENT (REV 10l06/05) Page 20 of 20 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: QUAIL RUN DRAINAGE IMPROVEMENTS CITY PROJECT NO. 00629 Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: 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 impact the project including; utilities, City Master plans, CITY drainage complaint files, existing applicable drainage studies and property ownership as available from the Tax Assessor's office. EA1-1 Rev 11/02/05 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 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. 3. Additional Tasks Requested by City PART B -CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering i. Surveys for Design a. ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. EA1-2 Rev 11/02/05 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 Department of Engineering. 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, and alI drawing files shall be provided in Autocad (DWG or DXF) format (currently Release 12), or as otherwise approved in writing by the CITY, and all data collected and generated during the course of the project shall become the property of the CITY. The minimum survey information to be provided on 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" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). 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 horizontal bench marks, per line or location. 5. Bearings given on all proposed centerlines, or baselines. EA1-3 Rev 11/02/05 6. Station equations relating utilities to paving, when appropriate. ii. Public Notification and Personnqu 19 cle 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. 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 City 60 days after Notice to Proceed Letter is issued. 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. EA1-4 Rev 11/02/05 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. Information shown on the plans will be consistent with Part A, Paragraph 1.b. for proposed condition. b. Preliminary project plans and profile sheets which will show the following and shall be on 2T 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 right -of --way lines shall be shown. Existing found property 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 uty companies and the City of Fort Worth to ascertain what, if any, future improvements are planned that may impact the project. e. Preliminary roadway cross -sections will be developed, from the survey notesI 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 walls, 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. EA1-5 Rev 11/02/05 f. Street and intersection layouts. g. Proposed plan/profile sheets will conform to City of Fort Worth construction legend. Adequate horizontal and vertical control shall be provided on the plan sheets to locate all proposed and existing facilities. Legal descriptions (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. 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. 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 Property". 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 with existing utilities. Rev 71/02/05 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. I. Preliminary Construction Plan Submittal i. Preliminary construction plans and specifications shall be submitted to CITY 20 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) iii. Preliminary estimate 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. m. 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. n. Public 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. EA1-7 Rev 11/02/05 o. Storm Water Pollution Prevention Plan ENGINEER will prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the project for use by the Contractor during construction. ENGINEER will prepare drawings and details for proposed SWPPP improvements that the Contractor must use during construction. Contractor shall be responsible for filing the SWPPP with appropriate regulatory agencies. p. Environmental Assessment The general scope for environmental assessment includes the following: i. Field delineation with flagging for the surveyor to tie in; ii. Results of field survey verified; iii. Prepare the draft delineation reports) while preliminary design is being completed; iv. Provide strategies and recommendations to avoid or minimize impacts that trigger critical permitting thresholds; v. Review Preliminary Designs for calculating impacts and Section 404 permit requirements vi. Finalize reports. 3. Final Construction Plan Submittal a. Final Construction Documents shall be submitted to CITY 15 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. EA1-8 Rev 11/02/05 bI c. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shall submit a final estimate of probable construction cost with the final plans submitted. Mylar Submittals The ENGINEER shall submit a final set of mylar drawings for record storage as follows: 1. Street and storm drain plans shall be submitted as one set of plans. Street and storm drain plans shall be separate from water and sanitary sewer plans. All sheets shall be standard size (22" x 34") with all project numbers (TPW and water/sanitary sewer) prominently displayed. 2. For projects where water/sanitary sewer improvements occur on a TPW Department funded project with no Water funding involved, a separate set of mylars with cover sheet shall be submitted for Water Department. 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 TPW plan set and a separate PDF file for the Water 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: 1. 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 II. 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, EA1-9 Rev 11/02/05 org" designating the file is of an original plan set, " 36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF files shall be submitted on one I Compact Disk, which will become property of and remain with the City 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. Bid Documents Submittal 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 for distribution to potential bidders. Proposal will be provided 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 EA1-10 Rev 11/02/05 documents to the City within three ko) 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. PART D —CONSTRUCTION STAKING —NOT INCLUDED IN THIS CONTRACT EA1-11 Rev 11/02/05 11. ATTACHMENT "B" COMPENSATION AND PAYMENT SCHEDULE Engineering Design Services Associated With QUAIL RUN DRAINAGE IMPROVEMENTS CITY PROJECT NO. 00629 Compensation A. The ENGINEER shall be compensated a total lump sum fee of $43,216.00 as summarized in Exhibit "134' Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" and Exhibit "A4' for all labor materials, supplies, and equipment necessary to complete the project. All permitting, application, and similar project fees will be paid directly by the City. B. The Engineer shall be paid monthly as described in Exhibit "B-131, Section I — Method of Payment. C. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. Schedule (Working Days) Final Plans and Contract Documents for bid advertisement shall be submitted within 151 days after the "Notice to Proceed" letter is issued based on the following summary schedule. Refer to Exhibit D for a complete schedule. A. Conceptual Engineering Plans — 30 days B. CITY Conceptual Plan review —10 days C. Preliminary Engineering Plans & Contract Documents — 30 days (upon receipt of Conceptual Plan review) D. CITY Preliminary Engineering Plan review —10 days E. Final Engineering Plans & Contract Documents — 15 days (upon receipt of Preliminary Engineering Plan review) F. CITY Final Engineering Plan review —10 days G. Final Plans and Contract Documents for Bid Advertisement — 10 days (upon receipt of Final Engineering Plan review) B-1 EXHIBIT "0-1" (SUPPLEMENT TO ATTACHMENT B) METHOD OF PAYMENT Engineering Design Services Associated With QUAIL RUN DRAINAGE IMPROVEMENTS CITY PROJECT NO, 00629 I. Method of Payment 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 ENGINEERS' estimate of the percentage of completion of the project, such statements to be verified as to accuracy and compliance of the project, such statements to be verified as to accuracy and compliance with the terms of this contract by an officer of the 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 fee payments shall not exceed the following: Until satisfactory completion of Exhibit "A-1 ", Conceptual Engineering Plan submittal, a sum not to exceed 30 percent of the total lump sum fee. Until satisfactory completion of Exhibit "A-1 ", Preliminary Construction Plan submittal, a sum not to exceed 60 percent of the total lump sum fee. Until satisfactory completion of Exhibit "A-1", Final Construction Plan submittal, a sum not to exceed 90 percent of the total lump sum fee. The balance of fees, less previous payments, shall be payable after all of the pre -construction meetings for the Project have been conducted. II. Progress Reports A. The ENGINEER shall submit to the designated representative of the Director of the Department of Engineering quarterly progress reports covering all phases of design 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 $200,000.00 (as estimated in Exhibit 134) will be exceeded, whether by change in the scope of the project, increased cost 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 shall suspend all work hereunder. EXHIBIT "B-2" HOURLY AND REIMBURSABLE RATE SCHEDULE QUAIL RUN DRAINAGE IMPROVEMENTS CITY PROJECT NO.00629 Engineering /Tet. hnical From To Principal $150 - $220 Per Hour Project Manager $115 - $150 Per Hour Senior Engineer $90 - $160 Per Hour Engineer $80 - $120 Per Hour Landscape Architect / Planner $90 - $150 Per Hour Designer $85 - $110 Per Hour Senior Designer $100 - $130 Per Hour CAD Technician $60 - $85 Per Hour Senior CAD Technician $75 - $100 Per Hour IT Consultant $120 - $140 Per Hour IT Technician $70 - $100 Per Hour Clerical $50 - $70 Per Hour Resident Project Representative $70 - $90 Per Hour Survey Office Manager $145 - $155 R.P.L.S. $100 - $130 S.I.T. $70 - $90 Senior Survey Technician $70 - $90 Junior Survey Technician $60 - $75 2-Person Field Crew w/Equipment $100 3-Person Field Crew w/Equipment $110 4-Person Field Crew w/Equipment $135 1-Person G.P.S. Crew w/Equipment $110 2-Person G.P.S. Crew w/Equipment $130 3-Person G.P.S. Crew w/Equipment $150 1-Person Robotic Crew w/Equipment $90 2-Person Robotic Crew w/Equipment $110 Direct Cost Reimbursables Photocopies $0.10/page letter and legal size bond paper, B&W $0.20/page 11" x 17" size bond paper, B&W $2.00/page 22 x 34" and larger bond paper or vellum, B&W Plots $1.00/page 11 x 17" size bond paper, B&W $2.00/page 11 x 17" size bond paper, color $4.00/page 22x34" and larger bond paper or vellum, B&W $6.00/page 22x34" and larger bond paper or vellum, color $6.00/page 22x34" and larger mylar or acetate, B&W Mileage $0.48/mile All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above. ` Rates shown are for calendar year 2007 and are subject to change in subsequent years. EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES Engineering Design Services Associated with QUAIL RUN DRAINAGE IMPROVEMENTS CITY PROJECT NO. 00629 Consulting Firm Prime Responsibility Amount Percent Prime Consultant: Teague Nall and Perkins, Inc. M/WBE Consultants: AlphaGraphics, Inc. Gorrondona &Associates, Inc. Total for Professional Services Note: Non-M/WBE Consultants —None. Engineering & Proj. Mgmt. $ 36,734 85.0% Printing /Reproduction $ 1,482 3.4% Surveying Services $ 5,000 11.6% $ 43,216 100.0% Project Description Scope of Services Total Fee M/WBE Fee Percent Engineering Services T/PW $ 43,216 $ 61482 15.0% 63A-1 EXHIBIT "0-3B" (SUPPLEMENT TO ATTACHMENT B) PROFESSIONAL SERVICES FEE SUMMARY Engineering Design Services Associated with QUAIL RUN DRAINAGE IMPROVEMENTS CITY PROJECT NO. 00629 BASIC ENGINEERING DESIGN FEE: (Construction Cost X TSPE Curve "A" X 85%) T/PW Design: $2001000.00 X 10.2% X 85.0% _ $ 17,340.00 ADDITIONAL SERVICES: Surveying Services (By Sub -Consultant) _ $ 5,000.00 - Public Meetings (2 meetings) _ $ 1,250.00 - Pre -Design Meetings (2 mtgs) _ $ 1,250.00 - Monthly Progress Reports/Coord. with Mgr. (Electronic) _ $ 1,000.00 - Drainage Concept Report/Alternates Analysis = $ 51000400 - Storm Water Pollution Prevention Plan = $ 3,500.00 - Administrative Fee (10%) on M/WBE Firms = $ 649.00 Printing / Reproduction = $ 4,207.00 Pre -Construction Assistance = $ 2,270.00 Additional Services Total: $ 25,876.00 63B-1 A. EXHIBIT "B-3B" (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL FEE & BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE) Engineering Design Services Associated with QUAIL RUN DRAINAGE IMPROVEMENTS CITY PROJECT NO, 00629 SUMMARY OF TOTAL FEE Service Description Project Total Basic Engineering Services $ 17,340.00 Additional Engineering Services $ 20,876,00 Engineering Subtotal $ 38,216.00 Surveying Services $ 5,000.00 Project Total $ 43,216.00 BREAKDOWN OF ENGINEERING FEES (LESS SURVEY FEES) 1. Total T/PW Fee (less survey fee) Breakdown by Conceptual Preliminary &Final Design a. Conceptual (30%) _ (Engineering Subtotal) X (0.3) _ (Z 11,466.00 b. Preliminary (609/6) _ (Engineering Subtotal) X (0.6) c. Final (10%) _ (Engineering Subtotal) X (0.1) _ $ 3,821.00 $ 38,216000 B36-2 EXHIBIT "B-3C" (SUPPLEMENT TO ATTACHMENT B) FEES FOR SURVEYING SERVICES Engineering Design Services Associated with QUAIL RUN DRAINAGE IMPROVEMENTS CITY PROJECT NO. 00629 Surveying Services: Topographic Surveys (by Sub -Consult = $ 5,000.00 T/PW Subtotal $ 5,000.00 63C-1 EXHIBIT "B-3D" (SUPPLEMENT TO ATTACHMENT B) ADDITIONAL SERVICES Engineering Design Services Associated with QUAIL RUN DRAINAGE IMPROVEMENTS CITY PROJECT NO. 00629 Additional Services: -Public Meetings (2 meetings) _ $ 1,250.00 - Pre -Design Meetings (2 mtgs) _ $ 1,250.00 - Monthly Progress Reports/Coord. with Mgr. (Electronic) _ $ 11000000 - Drainage Concept Report/Alternates Analysis = $ 5,000.00 - Storm Water Pollution Prevention Plan = $ 3,500.00 - Administrative Fee (10%) on M/WBE Firms = $ 649.00 Additional Services Total $ 14,399.00 B3D-1 EXHIBIT "0-3E" (SUPPLEMENT TO ATTACHMENT B) PRINTING /REPRODUCTION Engineering Design Services Associated with QUAIL RUN DRAINAGE IMPROVEMENTS CITY PROJECT NO. 00629 Printing/Reproduction Costs: *Description No. Sets ""Sheets/Set Cost/Sheet Total Cost Drainage Concept Report 4 25 $ 0.35 $ 35.00 Concept Plans 4 8 $ 2.00 $ 64.00 Preliminary Plans 4 11 $ 2.00 $ 88.00 Utility Plans (Full Size) 13 11 $ 2.00 $ 286.00 Final Plans 4 11 $ 2.00 $ 88.00 Bid Plans 50 11 $ 2.00 $ 12100,00 Mylar Plans 1 11 $ 10.00 $ 110.00 Half Size Plans 10 11 $ 1.00 $ 110.00 Mounted Exhibits 2 2 $ 100.00 $ 400.00 CD with PDF Files 1 1 $ 125.00 $ 125.00 Specs Preliminary Plans 2 200 $ 0.15 $ 60.00 Specs Final Plans 2 200 $ 0.15 $ 60.00 Specs Bid Sets 50 200 $ 0.15 $ 1,500.00 Photocopies 200 1 $ 0.10 $ 20.00 Binding/Punching/Delivery 1 1 $ 161.00 $ 161.00 Total Printing/Reproduction $ 4,207.00 Note: Additional or interim check sets requested by the City shall be provided according to the Std. Rate Schedule (Exhibit B-2) * Plans are generally 1:20. In some cases the consultant may choose to use a different scale as the plans, sections, details, and/or sheet sizes warrant. ** The number of sheets per set includes bridge/culvert details and City detail sheets as required. B3E-1 EXHIBIT "B-3F" (SUPPLEMENT TO ATTACHMENT B) CONSTRUCTION ASSISTANCE Engineering Design Services Associated with QUAIL RUN DRAINAGE IMPROVEMENTS CITY PROJECT NO. 00629 Construction Assistance Fees Pre -Bid Meeting = $ 350.00 Attend Bid Opening = $ 190.00 Tabulate Bids = $ 350.00 Recommend Contract Award = $ 200.00 Attend Pre -Construction Meeting = $ 350.00 Periodic Site Visits = $ 480.00 Prepare Record Drawings (by CITY) _ $ - Final Walk Through = $ 350.00 Construction Assistance Total 63F-1 $ 2,270.00 TEAGUE NALL AND PERKINS Exhibit B4 CONSULTING ENGINEERS OPINION OF PROBABLE CONSTRUCTION COST QUAIL RUN DRAINAGE IMPROVEMENTS CITY PROJECT NO. 00629 (FEE PROPOSAL) OWNER: CITY OF FORT WORTH DATE: April 17, 2007 ITEM UNIT NO. DESCRIPTION OF ITEMS QUANTITY UNIT COST TOTAL 1 2 3 4 5 jProject Designation Sign lRemove Ex. Curb & Gutter Remove Ex. Concrete Pavement Remove Ex. Curb Inlet Remove Ex. Driveway Approach 1 450 150 1 160 EA LF Sy EA Sy $300,00 $2.50 $9.00 $700400 $9.00 $300.05 $1,125400 $1,350,00 $700,00 $1,440,00 6 7 8 9 10 11 12 13 14 15 Remove 18" RCP 21" Class III RCP 24" Class III RCP 36" Class III RCP Concrete Headwall 36" with wings 10' Curb Inlet 5' Combination Curb and Grate Inlet Grate Inlet Extension Storm Drain Manhole Trench Excavation and Backfill for Strom Drain 120 500 220 120 1 1 6 150 2 190 LF LF LF LF EA EA EA LF EA Cy $7.50 $75.00 $90.00 $120,00 $3,100.00 $3,200,00 $29500.00 $20.00 $32000.00 $12.00 $900,00 $37,500.00 $199800,00 $14,400.00 $3,100.00 $3,200,00 $15,000.00 $3,000.00 $6,000,00 $2,280,00 16 Trench Safety System > 5-foot Depth) 820 LF $2.50 $29050.00 17 18 19 Unclassified Channel Excavation 6" Concrete Riprap Concrete Driveway Reconstruction 70 15 160 Cy Cy Sy $18,00 $350.00 $42.00 $1,260,00 $5,250,00 $6,720,00 20 21 HMAC Driveway Repair 6" Curb & Gutter 20 450 Sy LF $50.00 $15.00 $1,000.00 $6,750,00 22 23 24 25 6" HMAC Pavement Repair lConcrete Lead Walks and Steps 6' Chainlink Fence Misc. Utility Adjustments 600 30 100 1 LF Sy LF LS $60.00 1 $80.00 $45.00 $5,000,00 $36,000.00 $2,400.00 1 $4,600,00 $5,000,00 Sub -Total Construction Cost $181,025 Contingency: +/-10% $18,975 Total Construction Cost $2003000*00 �I None. ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD ENGINEERING AGREEMENT AND ATTACHMENT A Engineering Design Services Associated With QUAIL RUN DRAINAGE IMPROVEMENTS CITY PROJECT NO. 00629 C-1 U C c c Y a a c m <6 Z 0) rn m N N N N LL LL LL 0 ''. LL LL 'LL LL LL 00 00 W O L� O d' N 'N :Lo �- (M 0) N (O (o (on O c c c c LL c c •- -I c LL LL 1 ',. 0 to N N co fn .N V) 'N ! (q N N T T T T T T T T T T T O O -.0 0 0 t. (� co 'M M n 0 0 `w n ao oo w o 'ao w :o ro 0 ao LL a r� c c 0 O c c c n n 00 n .r n co co 00 00 00 :co 00 '0 00 CD 0 0 0 ;o _o o O o :o o :o o :o 0 y o N '.0 Nte) N iOD N V�' i c c g ti Ll o o o g 4-co : co N N !q N f!) M N . 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U U E E c E c U c U cn �G Ch 0 c c m a U J c_ Z a> a) 06 'am : O o o o o m0�UUa ZU FM W ZODUUda.ZULLLiUiLC)rjU) CD N co V u r N N N N N N oll I N M V CO i� 00 m N N litla��� ■ ., Cl TY OF FORT WORTH ATTACHMENT E-1 QUA IL RUN DRA lNA GE IMPRO l/EMEN TS CITY CDUNgL DfS7RlCT ND. 7 MAPSCO ND. 75E TEXAS DRAINAGE IMPROVEMENTS SHEET 1 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 12, 2007 LOG NAME: 30QUAILRUN629 RECOMMENDATION: It is recommended that the City Council: REFERENCE NO.: **C-22181 1. Authorize the transfer of $52,599 from the Storm Water Utility Fund to the Storm Water Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Storm Water Capital Projects Fund in the amount of $52,599; and 3. Authorize the City Manager to execute an engineering agreement with Teague Nall and Perkins, Inc., in the amount of $43,216 for Quail Run Drainage Improvements. DISCUSSION: The Storm Water Management Program was established to reduce flooding in Fort Worth, preserve streams, minimize water pollution and to operate the storm water system in a more effective manner to fully comply with state and federal regulatory requirements. This will be accomplished by infrastructure reconstruction and system maintenance, master planning, enhanced development review, and increased public education and outreach. The scope of this project consists of the preparation of plans and specifications for storm drain to alleviate flooding situation on Quail Run, where historic home and property flooding has occurred. Improvements are needed to convey the 100-year storm flow. Teague Nall and Perkins, Inc., proposes to perform the necessary design services for a lump sum fee of $43,216. City Staff considers this to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $9,383 is required for project management by the Engineering Department for project management. M/WBE —Teague Nall and Perkins, Inc., is in compliance with the City's M/WBE Ordinance by committing to 15 percent M/WBE participation. The City's goal on this project is 15 percent. This project is located in COUNCIL DISTRICT 7, Mapsco, 75E. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the Logname: 30QUAILRUN629 Page 1 of 2 attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Storm Water Capital Projects Fund. TO Fund/AccountlCenters 1&2)P228 472069 2072800629ZZ $52,599.00 2)P228 531350 207280062910 1 200.00 P228 531350 207280062920 3 283.00 2)P228 531350 207280062931 750.00 �P228 531200 207280062931 $11,466.00 2)P228 531350 207280062932 2 500.00 2)P228 531200 207280062932 $22,929.00 �P228 531350 207280062933 1 250.00 2)P228 531200 207280062933 3 821.00 2)P228 531200 207280062951 5 000.00 P228 531350 207280062960 200.00 P228 533010 207280062981 200.00 FROM Fund/AccountlCenters 1)PE69 538070 0209206 $52,599.00 3)P228 531200 207280062931 $11,466.00 �P228 531200 207280062932 $22,929.00 P228 531200 207280062933 3 821.00 �P228 531200 207280062951 5 000.00 Submitted for Cit�Manager's Office bv: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Dena Johnson (7866) Logname: 3 OQUAILRUN629 Page 2 of 2