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HomeMy WebLinkAboutContract 36513 (2) • CITY SECRETARY CONTRACT No. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Dunaway Associates, L.P. (the "ENGINEER"), for a PROJECT generally described as: Engineering Services for the design of East First Street from Beach Street to Oakland Boulevard. 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 ENGINEERING CONTRACT(REV 4/14/05) Page 1 of 15 2l /t2V damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to 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 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. ENGINEERING CONTRACT(REV 4/14/05) Page 2 of 15 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 ENGINEERING CONTRACT(REV 4/14/05) Page 3 of 15 existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that are 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 of this agreement and debarment from participating in CITY contracts for a period of time of not less than three (3) years. J. Right to Audit ENGINEERING CONTRACT(REV 4/14/05) Page 4 of 15 (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 subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the CITY certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $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 A commercial business policy shall provide coverage on "Any Auto", ENGINEERING CONTRACT(REV 4/14/05) Page 5 of 15 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 $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 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, ENGINEERING CONTRACT(REV 4/14/05) Page 6 of 15 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. (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. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. Q) 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. (1) 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. ENGINEERING CONTRACT(REV 4114/05) Page 7 of 15 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 The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property ENGINEERING CONTRACT(REV 4/14/05) Page 8 of 15 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. ENGINEERING CONTRACT(REV 4/14/05) Page 9 of 15 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 not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in ENGINEERING CONTRACT(REV 4/14/05) Page 10 of 15 litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of 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 of 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 parry 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. ENGINEERING CONTRACT(REV 4/14/05) Page 11 of 15 (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 ENGINEERSs 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. ENGINEERING CONTRACT(REV 4/14/05) Page 12 of 15 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 attorney'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 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 ENGINEERING CONTRACT(REV 4/14/05) Page 13 of 15 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. L. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all CITY ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by 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. ENGINEERING CONTRACT(REV 4/14/05) Page 14 of 15 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation Attachment C—Amendments to Article VI Executed this the 1`�day of , 200�' ATTEST: CITY OF FORT WORTH Marty Hendri arc Ott City Secretary Assistant City Manager APPROVE AS TO F M APPROVAL RECOMMENDED: AND L ITY Amy R Robert Goode, P.E., Director Assistant City Attorney Transportation/Public Works ri --a&U�00 contra t uthorization DUNAWAY ASSOCIATES, L.P ENGINEER Date By: Na e: T K. Ford P.E. Title: Vice President ENGINEERING CONTRACT(REV 4/14/05) 'v'p l 2 Mi Py Page 15of15 Ile `: ,✓1i6'YU � 4Ua 1 ATTACHMENT"A" General&Dpe.Qf Services "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." GAR 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 facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) GeotechnicalInvestigations 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 geotechnicai 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 -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 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) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility liens or adjustment to existing utility lines within the project limits, The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. -2- 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. -3- PHASE 4 16) 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. 17) Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitu- tion prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 18) Recommendation of Award The Engineer shall assist in the tabulation and review of all bids received for the construction of the project and shall make a recommendation of award to the City. 19) Prebid 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 20) Preconstruction Conference The Engineer shall attend the preconstruction conference. 21) Construction Survey The Engineer shall be available to the City on matters concerning the layout of the project during its construction and will set control points in the field to allow City survey crews to stake the project. The setting of line and grade stakes and route inspection of construction will be performed by the City, 22) Site Visits The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. -4- 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 encountered. 26) Record Drawings The Engineer shall prepare record drawings from information submitted by the contractor. -5- EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") 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: E. 15t STREET(Beach to Oakland) CITY PROJECT No. 00145 CSJ No. 0902-48-622 The Scope of Work to be performed by the ENGINEER under this contract will consist of schematic plan review, right-of-way and field surveying, drainage design, traffic signal design, and the preparation of final plans, specifications and estimates (PS&E) for the reconstruction of roadway between Beach Street to near Oakland Boulevard, with the exception of a segment for which TxDOT is currently preparing plans. The work included under this contract is identified by CSJ 0902-48-622; the TxDOT segment is identified as CSJ 0902-48-502. The project is to be developed utilizing English units of measure and all final plan sheets will be 11"x17". Final design and PS&E tasks will be limited to review of route and design studies prepared by others, right of way and utility coordination, field surveying, roadway design, drainage design, traffic signal design, signing striping and pavement marking, miscellaneous roadway design, and project management. 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 TXDOT and 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 and TXDOT's review of the conceptual engineering plans. EA1-1 Dunaway 2005328 Exhibit A-1.v4.doc 8/27/07 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. 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. PART B - CONSTRUCTION PLANS AND SPECIFICATIONS 1. Route and Design Studies (FUNCTION CODE 110) a. Route Location Studies Review the Preliminary Schematic for this project (prepared by others). The limits of study shall begin at Beach Street and continue eastward along East First Street to near Oakland Boulevard. The portion of the schematic to be reviewed under this contract shall be that portion designated as CSJ 0902-48-622. The portion designated as CSJ 0902-48-502 is not included in this contract. The design schematic is based on the TxDOT Roadway Design Manual and supplemented by AASHTO design guidelines for urban roadways. Any design exceptions necessary for schematic approval shall be identified and a "request for design exception", "request for design waiver", or"request for design variance" shall be prepared by the ENGINEER and submitted to TxDOT for approval. This contract will include the following tasks related to the Design Schematic and EA1-2 Dunaway 2005328 Exhibit A-1.v4.doc 8/27107 Design Summary Report: • Review of the Design Schematic and DSR for accuracy and completeness. • Submittal of the Schematic and DSR to TxDOT and City for review. • Coordination of response to Schematic and DSR review comments. This includes: i. preparation of a table summarizing review comments, ii. forwarding comments to the responsible party, iii. summarizing review responses, and iv, resubmittal of revised Schematic to TxDOT b. Preliminary Cost Estimate The ENGINEER shall develop an estimate of probable construction cost for this project based on a quantity take-off of the preliminary design schematic using current average unit bid prices and TxDOT bid items. c. Right of Way (R.O.W.) Determination The ENGINEER shall verify preliminary right-of-way and easement"needs" lines shown on the Design Schematic. The ENGINEER shall furnish preliminary right-of-way and easement"needs" lines to the TxDOT Right of Way Section as soon as possible. d. Design Concept Conference The ENGINEER shall attend the Design Concept Conference to finalize the DSR and obtain consensus for the direction of the project. e. Traffic Studies Traffic Studies for this project are being developed under separate contract by others. 2. Social, Economic and Environmental Studies, and Public Involvement (FUNCTION CODE 120) a. Waters of the U.S. Delineation 1) Jurisdictional Determination An important component of the permitting process for projects of this size is the determination of appropriate functions and values. This determination is necessary for the U.S. Army Corps of Engineers (USACE) to verify the adequacy of any delineations and any required mitigation. EA1-3 Dunaway 2005328 Exhibit A-1.v4.doc 8/27/07 Using available literature, the soil survey, and USGS topographic maps, we will provide a description of the functions and values of the project site. As part of the functions/values determination, Dunaway will provide the Client with the appropriate wetland delineation forms, map of jurisdictional waters overlain on the site plan, and any evaluation of the waters of the U.S. within the proposed project site. The wetland forms will include the vegetation characteristics of the jurisdictional waters, soil profiles, and hydrologic information per the 1987 Corps of Engineers Wetland Delineation Manual. We will use a Global Positioning System (GPS) to map jurisdictional waters of the U.S. Data collected in the field will be downloaded to existing Microstation/AutoCAD files to overlay on the existing topographic maps for the project. Exhibits indicating all jurisdictional waters of the U.S. will be prepared for inclusion in the wetland survey report. 2) Natural Resources Assessment Report Dunaway will prepare a Natural Resources Assessment Report describing the limits and types of waters of the U.S. found within the project site. The report will contain descriptions of waters of the U.S., site maps with waters shown, and permitting options. It is assumed that this information would be used for purposes of the Pre-Construction Notification that may be required by USACE. b. Individual 404 Permit Application The following is the proposed scope and fee for the preparation of a Section 404 Individual Permit (IP) application for submittal to the U.S. Army Corps of Engineers (USACE). The IP is a permitting process that analyzes a project on a case-by-case basis. The IP process involves extensive alternatives analysis and review, an environmental assessment, multiple agency coordination, 401 water quality certification, and extensive coordination efforts with the USACE. 1) Prepare IP Package We will prepare the IP package for submittal to the USACE. This package will include the information normally required by the USACE for IPs, including Eng Form 4345, a description of the proposed project and its impacts, alternatives analysis, list of adjacent landowners, Section 401 water quality certification, etc. 2) Consult with Agencies We will arrange one on-site meeting, if necessary, with the USACE, and other appropriate agencies during the permit application process. We will provide each agency with a preliminary information packet prior to the meeting. This information packet will contain a brief project description, available maps and the Natural Resources Assessment. EA1-4 Dunaway 2005328 Exhibit A-1.v4.doc 8127107 We will solicit each agency's comments regarding the proposed project during the site visit. A draft memorandum summarizing the agencies' comments will be developed within 10 days of the on-site meeting. Copies of the memorandum will be furnished to each of the representative agencies. We will follow the application through the permit process. This effort is intended to provide the agencies with information in a timely fashion in order to minimize permit processing delays. In addition, we will attend up to 3 meetings with the USACE. 3) Develop Mitigation Plan This task assumes that all jurisdictional waters impacts will be compensated through restoration and enhancement of existing degraded or disturbed waters and/or stormwater management facilities. We will identify a potential mitigation site for jurisdictional waters impacts. Mitigation may be accommodated through restoration of degraded or disturbed jurisdictional waters, the use of bioengineering methods to control erosion and bank stabilization, enhancement of degraded or disturbed jurisdictional waters, construction of compensatory waters, and/or through the use of stormwater management facilities. In addition to mitigation site selection, we will investigate mitigation options. These options include the use/contribution of the in-lieu fee program or mitigation bank, development of a consolidated mitigation area/s, etc. The investigation will involve an analysis of the feasibility of each option, cost, timing, etc. Upon selection of the area for mitigation, we will prepare a Preliminary Mitigation Plan. The Preliminary Mitigation Plan will include a description of existing conditions at the impacted sites and at the proposed mitigation site, an evaluation of impacted jurisdictional waters, and text and plans that describe (conceptually) the proposed jurisdictional waters restoration. Color copies of photographs of the impacted jurisdictional waters and the proposed mitigation site will be included in the Preliminary Mitigation Plan. The Preliminary Mitigation Plan will be submitted to the Client for review and comment. One final draft of the Preliminary Mitigation Plan will be submitted to the USACE within 15 days of receipt of the Client's comments. One camera- ready copy and one bound copy will be submitted to the Client in conjunction with the USACE submittal. The Preliminary Mitigation Plan will be used to develop the Final Mitigation Plan for the mitigation area in coordination with the USACE and other appropriate state and federal agencies. We will prepare the Final Mitigation Plan for inclusion in the IP application. The Final Mitigation Plan will include conceptual landscape plans, cross-sections of the mitigation area, hydrology information, color copies of photographs of the impacted waters and the EA 1-5 Dunaway 2005328 Exhibit A-1.v4.doc 8/27/07 proposed mitigation site, construction timetable, elevations for planting and seeding, landscape notes, and a reporting and monitoring timetable. 4) Meetings with Client/Team We will attend up to 5 meetings with the Client to discuss the permit application. This task assumes that all meetings will be in the Dallas/Fort Worth Metroplex. Assumptions A. This scope does not include effort for preparation of an as-built. Preparation of an as-built, if required, will be provided as Additional Services. B. This scope and fee does not include design and review of additional mitigation should site constraints warrant. C. Normally, the USACE conducts the formal Environmental Assessment (EA). This scope includes only the effort necessary for the USACE to conduct an EA. In the event the USACE should require an EA as a submittal, we will prepare the EA as Additional Services. D. This scope does not include engineering construction plans and specifications. E. This scope does not include surveying or monitoring of the mitigation areas. c. Cultural Resources Survey The purpose of this Archaeological Survey is an attempt to identify, to the extent feasible pursuant to the processes described herein, cultural resources in connection with the subject property. The assessment will be conducted in general accordance with the guidelines for reports adopted by the Texas Historical Commission (THC), Archaeology Division, and developed by the Council of Texas Archaeologist. It is understood that archeological testing will be the responsibility of the city's consultant. The city's consultant will coordinate with TxDOT. 1) Texas Antiquity Permit. We will apply for a Texas Antiquity Permit. No work may proceed prior to the issuance of a permit by the THC. 2) Historical Review. We will perform a background literature search prior to field investigations. At a minimum, this search shall include searches of the THC and the Texas Archaeological Research Laboratory records or the equivalent Texas Archaeological Sites Atlas Database for previously recorded archaeological sites and historical properties, and previous archaeological work in the vicinity. We will also assess the potential for deeply buried cultural deposits within the Area of Potential Effect prior to starting the field investigations. This shall include, at a minimum, a review of the USDA soil surveys and geologic maps. If a potential for deeply buried cultural deposits within the depth of impacts exists, deeper subsurface investigations (such as backhoe trenches) will be required. 3) Site Reconnaissance. The fieldwork shall consist of the survey standards for linear projects as outlined in the Archeological Survey Standards for Texas, including shovel test. EA1-6 Dunaway 2005328 Exhibit A-1.v4.doc 8/27/07 4) Report. Archeologist are required to submit the results of their investigations in a report to the THC that follows the Secretary of the Interior's Standards for Archaeological Documentation or the Council of Texas Archaeologists Guidelines for Cultural Resource Management Reports. The THC will normally complete its review within 30 days. Comments from the THC must be addressed in the final report and 20 copies of the final report must be submitted to the THC. CONDITIONS The following conditions apply to our participation on this project: 1. Client will provide copies of previous reports, if any, that are germane to this investigation. By providing the documents to DALP, Client is representing that DALP may rely upon the contents of the documents for use on this project. 2. Client will provide access to all areas as necessary for DALP to complete the Scope of Services. 3. DALP does not warrant or guarantee work performed by others, including vendors, subconsultants, subcontractors or other third-parties. 4. Although DALP will attempt to identify present cultural resources, some conditions may exist that are beyond reasonable access for this type of investigation(s). Therefore, based on acceptance of this proposal, Client agrees that DALP has no liability or responsibility related to any undiscovered conditions/materials. 5. The following are additional fee items, should they be required for additional research as required by the THC: Item Fee Trenching $625 per trench If additional services, such as face-to-face Project meetings, consultation or extensive research Manager: $120 are required, DALP will bill on a Time & Project Staff: Materials basis: $98 d. Section 4(f) Evaluation We will prepare documentation necessary for a Section 4(f) evaluation. It has been assumed that this project has minor impacts and would not require alternative analysis. The documentation will contain a description of the proposed action, description of the 4(f) property, description of unusual characteristics and measures to minimize harm. We will coordinate with TxDOT and FHWA. A 4(f) de minimus determination letter could be required from the city for coordination with FHWA. e. Categorical Exclusion Document Preparation We will prepare the environmental documentation for an Added Capacity Categorical EA1-7 Dunaway 2005328 Exhibit A-1.v4.doc 8127107 Exclusion. The documentation will include the following: purpose and need of the project, description of surrounding area, specific area of environmental concern, required federal, state and local action, socioeconomic reasons, public involvement process, conclusions and exhibits. The report preparation will consist of one draft version for review by the client. In addition, we will conduct one meeting with the client to discuss the report, A final copy will be prepared within 10 days of receipt of draft review comments. There may be limited coordination necessary between the ENGINEER for this contract and TxDOT's ENGINEER for CSJ 0902-48-502. Coordination The ENGINEER shall perform the necessary coordination as follows: 1) Internal coordination with project team members (Includes coordination necessary for proper team function). 2) Coordination with TxDOT Environmental staff. 3) Coordination with TxDOT's Engineer as needed to facilitate the Public Involvement. f. Indirect Cumulative Impact An analysis of the cumulative impacts for the project will be determined using an 8- step approach. The steps include the following: 1. identify the resources to consider in the analysis 2. define the study area for each affected resource 3. describe the current health and historical context for each resource 4. identify direct and indirect impacts that may contribute to a cumulative impact 5. identify other reasonably foreseeable actions that may affect resources 6. assess potential cumulative impacts to each resource 7. report the results 8. assess and discuss mitigation issues for all adverse impacts A report summarizing these steps will be prepared for submittal to the client. We will conduct one meeting to discuss the results. g. Public Involvement It is assumed that TxDOT will conduct one meeting with affected property owners (MAPO). ENGINEER will attend this meeting. ENGINEER will also attend up to one public meeting. ENGINEER will assist in preparing the environmental materials required for the meeting including up to five display boards, up to 20 copies of an informational handout, sign in sheets and comment cards. ENGINEER will also prepare the text for public notices to be published in a local paper and sent to local citizens and public officials. ENGINEER will not be responsible for publishing the notice in the paper, mailing the notices to EA1-8 Dunaway 2005328 Exhibit A-1.v4.doc 8127107 affected parties or securing a location for the meeting. Upon completion of the public meeting, ENGINEER will prepare and submit ten copies of the draft and final public meeting summary document. h. Noise Analysis A traffic noise analysis will be performed in accordance with TxDOT's Guidelines for Analysis and Abatement of Highway Traffic Noise. Field surveys will be conducted to identify sensitive uses and activities that may be affected by the proposed street widening. Existing noise levels will be measured at these sites. Modeling of projected noise will be performed using FHWA-approved software (TNM model). Adversely affected receivers will be identified in accordance with TxDoT's absolute and relative criteria. Noise abatement measures will be considered as required in accordance with TxDOT's feasible and reasonable criteria and recommendations will be made with regard to same. i. Air Quality An air quality analysis will be performed in accordance with TxDOT Air Quality Guidelines. Projected traffic volumes for this project are such that a Traffic Air Quality Analysis is not required, and as such, one will not be performed for this project. A particulate matter hot spot analysis is not anticipated and therefore excluded from this scope of services. If one is required, it will be added by change order. A qualitative analysis of mobile source air toxics will be performed. Written documentation for both air and noise quality analyses sufficient to support a categorical exclusion determination will be provided for inclusion in the environmental document. Consultant will be available for one meeting each with the City of Fort Worth and TxDOT Fort Worth District personnel. 3. Right-of-Way Data (FUNCTION CODE 130) a. Property Ownership & R.O.W. Map 1) Property Ownership The ENGINEER shall identify ownership of property along the project utilizing preliminary title data. The limit for determining ownership of property shall be from Beach Street to Oakland Boulevard. The ENGINEER shall update ownership information as necessary. 2) R.O.W. Map ENGINEER shall prepare a preliminary R.O.W. map showing parcels adjacent to the existing project R.O.W. The limits of the preliminary ROW map shall be from Haltom Road to Oakland Boulevard. The ENGINEER shall update ownership information and prepare the final R.O.W. map as necessary. EA1-9 Dunaway 2005328 Exhibit A-1.v4.doc 8127107 b. Utilities 1) Research Existing Utilities The ENGINEER shall contact each utility company known to have facilities within the project area to provide utility information in the form of as-built drawings or on-site identification of their facilities. This effort will serve the purpose of beginning a dialog with the utilities to keep them informed of the project progress and how it will affect their facility. The limit for utilities research shall be from Beach Street to Oakland Boulevard. The ENGINEER shall furnish the utility research information to TxDOT's ENGINEER for CSJ 0902-48-502 for their use. 2) Map Existing Utilities The ENGINEER shall utilize a qualified Subsurface Utility Engineering (S.U.E.) subconsultant to locate and map existing underground utilities. A Level "B" S.U.E. will be performed. "Pot holes" or"D-holes"for the purpose of establishing vertical position, are not included in the scope. After the roadway, grading, drainage and bridge design tasks have advanced sufficiently to identify locations of potential utility conflict(s), "D-holes"will be added by supplemental agreement to this contract, or provided through a separate "evergreen S.U.E, contract. This information will be combined with information previously gathered with site observations of surface and aerial utilities to develop a comprehensive map of all utilities within the project area. The limit for utilities mapping shall be from Beach Street to Oakland Boulevard. Utility mapping shall be for CSJ 0902-48-622 and 0902-48-502 and is intended to be used for both sections. The ENGINEER shall furnish utility mapping for CSJ 0902-48-501 to TxDOT's ENGINEER for their use. 3) Determine Utility Relocations The ENGINEER will determine areas of utility conflicts and the need for relocation by coordinating the roadway, drainage, and grading with existing utilities mapping. The ENGINEER shall make these determinations for CSJ 0902-48-622 only. This information shall also be furnished to TxDOT's ENGINEER for their coordination of utilities within CSJ 0902-48-502. The coordination of design with existing utilities is intended to minimize or reduce utility conflicts where practical and shall be performed as an integral part of the 30, 60 and 90% submittals. This information will be provided to TxDOT for forwarding to the affected utility companies. Each individual utility company shall develop actual utility relocation plans for their respective facility. The ENGINEER will provide information suitable for the STATE to complete a utility certification for the final PS&E package. The limit for utilities relocation shall match as nearly as practicable, the limits established for preparation of final design and final PS&E. 4) Utility Coordination Meetings The ENGINEER shall attend utility coordination meetings conducted by the STATE. The ENGINEER shall provide technical support to the STATE and the utility companies' engineering staff to facilitate the development of relocation plans. Utility coordination shall be conducted with the various utilities located at or near the limits of the project for which final design and PS&E documents are to be prepared. EA1-10 Dunaway 2005328 Exhibit A-1.v4.doc 8/27/07 c. Survey and Stake R.O.W. The ENGINEER shall Survey existing R.O.W. The ENGINEER need only survey sufficient existing right of way to assist in the development of Design Plans, along with the new proposed centerline. The limits for survey of the existing R.O.W. shall be from Haltom Road to Oakland Boulevard. The existing right of way will be specifically detailed along with the proposed right of way on the preliminary R.O.W. map created by the Right Of Way Section for TxDOT (or third party). If any additional drainage or temporary easements are created, ENGINEER will detail this information on the preliminary R.O.W. map to be submitted to the TxDOT (or third party) R.O.W. section for preparing the final R.O.W. map. 4, Field Surveying and Photogrammetry (FUNCTION CODE 150) a. Permission to Enter Private Property Using tax appraisal records or information provided by TxDOT, determine current ownership of affected tracts. The limits for field survey shall be from Beach Street to Oakland Boulevard. The ENGINEER will prepare release forms (on TxDOT letterhead, under signature of the TxDOT project manager) to secure permission to enter private property (right-of-entry permits). The prepared release forms shall be furnished to TxDOT for signature and mailing to the affected property owners. If executed release forms cannot be secured, reasonable additional effort will be made by the ENGINEER to secure permission to enter private property. EA1-11 Dunaway 2005328 Exhibit A-1.v4.doc 8/27/07 b. Establish horizontal and vertical control points. Establish vertical control for the project from existing City of Fort Worth control. Establish six (6) benchmarks for construction. Establish horizontal control for the project and set 8 control points along the project limits. The horizontal control shall be established from the Texas State Plane Coordinate System, North Central Zone, NAD 83. c. Provide a topographic survey of East 1st Street with the limits starting at the Beach Street and E. 1s' Street intersection on the west end and extending approximately 8,200 linear feet to Oakland Blvd. on the east end. The topographic survey shall include the existing E. 15' Street from Beach to Haltom Road and transition to the north of existing E. Vt Street to Oakland Blvd. The width of the topographic survey shall extend 30 feet beyond the proposed ROW between Beach Street and Haltom Road and east of Haltom Road shall start from the north asphalt paving line of E. 15` Street and extend northerly for 200 feet. The topographic survey shall include, but not be limited to, locating existing features such as water valves, curb and gutter, asphalt, sidewalks, medians, fences, driveways, storm and sanitary sewer manholes, sanitary sewer cleanouts in front of the existing houses, fronts of houses, tops and toes of slopes, power poles, mailboxes, signs, telephone risers, and other visible features. The survey shall extend to the top banks of the Trinity River, but does not include the Trinity River. d. Prepare a final design/topographic drawing in digital format showing all features located in the field, an ASCII coordinate file of all points located in the field and a hard copy of the coordinates and feature descriptions. 5. Roadway Design Controls (FUNCTION CODE 160) a. Roadway Design Final roadway design and PS&E tasks shall be prepared for the project. The ENGINEER shall coordinate the work with TxDOT's ENGINEER for CSJ 0902-48- 502. 1) Plan and Profile Sheets Using the approved schematic as the base drawing, develop plan profile sheets for each roadway at 1" = 50' scale (11" x 17" plan sheets). Show appropriate quantities on each sheet. All design shall be ADAAG/TAS compliant, as applicable. ENGINEER will provide utility layouts if space allows. 2) Driveway Profiles/Details/Summary Analyze all driveways within the project and develop driveway profiles as needed to ensure that driveways function as intended. (For example, residential driveways will be designed to accommodate passenger cars; commercial driveways will be designed to accommodate trucks). Prepare plan profile sheets for each driveway at 1" = 10' or 1" = 20' scale (11" x 17" sheets). Delineate the limits of construction outside of the right of way needed to secure an adequate driveway profile. Calculate and summarize driveway quantities. Driveways shall be ADAAG/TAS EA1-12 Dunaway 2005328 Exhibit A-1.v4.doc 8127/07 compliant, as applicable. 3) Side Road Profiles/Details/Summary Develop profiles for each side street and analyze each for accessibility to trucks and buses. Delineate the limits of construction necessary to secure a suitable profile. Prepare a 1" = 50' plan-profile sheet (11" x 17" sheet) with the plan and profile and construction limits. Calculate and summarize side street quantities. 4) Miscellaneous Roadway Details Develop any necessary roadway details to clarify construction details. 5) Summary of Roadway Quantities Compute and tabulate all roadway quantities using TxDOT bid items. 6) Grading Design The ENGINEER shall determine the quantities of cut and fill for each cross section, for each side of roadway and shall tabulate cumulative totals. 7) Cross Sections The ENGINEER shall prepare cross sections for roadway earthwork. Design cross-sections shall be submitted in electronic format and on half size sheets (11" x 17"). Cross sections shall be prepared at a scale of 1" = 10' horizontally and 1" _ 10' vertically (11" x 17" sheets) unless otherwise approved by TxDOT. 8) Assemble Applicable Standards Identify and acquire all applicable Statewide and District standards. Modify standards as needed. Fill in the title block with project number, CSJ and page number etc. Plot sheets and incorporate into the plans. b. Other Design Elements 1) Index of Sheets Coordinate the Index of sheets with TxDOT's ENGINEER for CSJ 0902-48-502. 2) Control Data Sheets Prepare a set of control data sheets with horizontal and vertical control. Coordinates, stations, and elevations of key alignment features and benchmarks shall be noted. 3) Typical Section Sheets Prepare typical sections sheets showing the existing typical section, and the proposed typical sections for East 1st Street for the various conditions depicted on the preliminary design schematic. Typical sections shall show the overall right of EA1-13 Dunaway 2005328 Exhibit A-1.v4.doc 8127/07 way width, lane widths, median widths and pavement structure. 4) R.O.W. Marker Sheets Prepare a set of R.O.W. marker sheets showing station and offset and coordinates of each marker. c. Geotechnical Investigation & Pavement Design Report The geotechnical scope includes field, laboratory and engineering services needed to prepare Geotechnical and Pavement Design Reports in accordance with TxDOT's standards and procedures. The Pavement Design Report shall consider both a Portland Cement Concrete and Hot-Mix Asphaltic Concrete pavement section designed to TxDOT standards. Alternate concrete and HMAC designs in accordance with City of Fort Worth standards will be provided as an additional service, if requested. For purposes of this proposal, it is assumed that all borings are accessible to truck- mounted drilling equipment. In addition, it is assumed that underground utilities at boring locations will be coordinated by ENGINEER. 1) Subsurface Exploration Experienced drillers and technicians will evaluate subsurface conditions with the following field program: TxDOT Borings— 12 Borings to 20 feet The field personnel will drill the borings using truck-mounted equipment. Cohesive and non-cohesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split-spoon samplers, respectively. In addition, rock encountered will be evaluated by use of Texas Department of Transportation (TxDOT) cone penetration tests. A soils logger will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. ENGINEER's personnel will stake the boring locations using normal taping procedures. Approximate locations of the borings will be shown on the plan of borings. Precise surveying of boring locations and elevations is not included in the cost estimate. These services may be provided as Additional Services upon request. At the completion of drilling operations, boreholes will be backfilled with drill cuttings and plugged at the surface by hand tamping. 2) Laboratory Services Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will be required for classification purposes, and to determine strength characteristics. The following types of tests are therefore recommended: EA1-14 Dunaway 2005328 Exhibit A-1.v4.doc 8127/07 • moisture content and soil identification (TxDOT Test Method TEX-103-E) • percent passing #4, #40, and #200 sieves (TxDOT Test Method TEX-110-E, Part 1) • liquid and plastic limit determinations (TxDOT Test Method TEX-104, 105, and 106-E) • soluble sulfate testing (TxDOT Test Method TEX-145-E) • unconfined compression tests on soil • unit weight determinations • Eades and Grim lime series tests The specific types and quantities of tests will be determined based on geologic conditions encountered in the borings. 3) Engineering Services An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. We will provide three copies of the report. The report will address: • general soil and ground-water conditions • logs of borings per TxDOT's Wincore program • PVR calculations and spreadsheet per TxDOT requirements • recommendations for pavement subgrade stabilization type and concentration • final report information per Standard TxDOT Roadway Geotechnical Report criteria • earthwork recommendation • guidelines for concrete and asphalt pavement designs Items other than those specified above, which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services, if required and requested, will be performed as Additional Services. 6. Drainage (FUNCTION CODE 161) a. Preliminary Drainage Design. The ENGINEER shall coordinate the work with TxDOT's ENGINEER for CSJ 0902-48-502. 1) Drainage Area Mapping Delineate drainage area boundaries based on USGS topographic maps, city contour maps (if available) and TxDOT project mapping (scale to be determined based on size of overall drainage are map). 2) Calculate Discharges Determine conveyance paths, channel slopes, time of concentration, and runoff EA1-15 Dunaway 2005328 Exhibit A-1.v4.doc 8127107 coefficients/SCS curve numbers as required to calculate design-year flows. 3) Identify Easement Requirements The ENGINEER shall identify any drainage easements needed to construct drainage facilities at discharge points along the route. 4) Storm Drain System The ENGINEER shall prepare storm drain plan and profiles for the portion of the project between Beach Street and Haltom Road. The ENGINEER shall also prepare inlet calculations and related storm drain calculations and details as needed. 5) Open Ditch Drainage System The ENGINEER shall prepare ditch profiles if needed to depict drainage ditches for the portion of the project east of Haltom Road. The ENGINEER shall coordinate the ditch profiles and hydraulic calculations with TxDOT's ENGINEER for CSJ 0902-48-502, The ENGINEER shall determine any grading requirements necessary for the transition from the closed storm drainage system west of Haltom Road and the open ditch drainage system east of Haltom Road. 6) Miscellaneous Drainage Details Prepare any and all necessary plan details necessary to clarify the construction requirements of the drainage facilities. 7) Summary of Drainage Quantities Compute quantities and summarize in the plans and prepare a bid item list and estimated prices for all drainage facilities. 8) Assemble Applicable Standards Identify and acquire all applicable Statewide and District standards. Modify standards as needed. Fill in the title block with project number, CSJ and page number etc. Plot sheets and incorporate into the plans. 7. Signing, Markings and Signalization (FUNCTION CODE 162) - a. Signing & Pavement Marking Layouts Final design and PS&E preparation for signing and pavement marking tasks shall be prepared for the project. The ENGINEER shall coordinate the work with TxDOT's ENGINEER for CSJ 0902-48-502 and shall furnish Prepare signing and pavement marking layouts (1"=50') in accordance with TxDOT EA1-16 Dunaway 2005328 Exhibit A-1.v4.doc 8/27/07 design standards, the Texas Manual of Uniform Traffic Control Devices (TMUTCD), and Texas Department of Transportation sign crew field book. 1) Pavement Marking Details Prepare any and all details necessary to clarify the construction requirements of the pavement marking plans. 2) Summary of Pavement Markings Compute quantities and summarize in the plans and prepare a bid item list and estimated prices for all pavement markings. 3) Small Sign Summary Determine the mounting requirements for each sign or sign cluster based on TxDOT standards. List all the signs on the TxDOT standard summary sheets together with totals for each mount type. b. Signalization Plans Traffic signal plans will be developed for the intersection of E. 1st Street with Beach Street. 1) General: i. The signal will be designed in accordance with existing TxDOT standards and specifications. ii. CITY will provide traffic accident data for up to three years, if available. iii. CITY will provide determination for provision of a cable TV drop and Opticom equipment. iv. The intersection will be designed to accommodate existing or future pedestrian activities, including sidewalk ramps, crosswalks, push buttons, and pedestrian heads as requested by the CITY and required by TxDOT. v. The following items will not be required by the ENGINEER, but will be supplied by the CITY or its representative to produce a complete set of plans for construction bid use. • General Notes Sheet • Standard Detail Sheets 2) Design: i. Evaluate and design phasing with consideration of capabilities of current CITY controller hardware and software operation functions. ii. Prepare and submit a "short report" for the final signal design to CITY for review and approval. The report shall include: • A discussion of current conditions, layout diagram of existing conditions at each intersection, photo-log of intersection approaches; • A traffic signal warrant study; EA1-17 Dunaway 2005328_Exhibit A-1.v4.doc 8/27107 • Recommendations for signal design, phasing, and operations and a layout showing proposed equipment locations; • Address any unusual conditions and provide recommendations to resolve these conditions; • Traffic counts; • Collision diagram; and • Capacity analysis. iii. A report will not be created for the signal design on the traffic control plans. 3) Plan Development Tasks— Deliverables i. Traffic Control Plan Signal Design showing existing utilities, proposed traffic signal poles and mastarms, pedestrian signal poles, pedestrian signals, controllers, signal heads, street lights, detector loops or other detectors, conduit, ground boxes, power sources, wiring diagrams, pavement markings, signal phasing plan, and all other items required for the complete construction of the temporary signal. ii. Existing Conditions Sheet, for currently signalized intersections, showing traffic signal poles, detector loops, illumination, conduit runs, wiring diagram, and signal face locations. iii. Traffic Signal Design Sheet showing existing utilities, proposed traffic signal poles and mastarms, pedestrian signal poles, pedestrian signals, controllers, signal heads, street lights, detector loops or other detectors, conduit, ground boxes, power sources, cable television connections, wiring diagrams, pavement markings, signal phasing plan, hazard identification beacons, Opticom phase selectors, and all other items required for the complete construction of the signal. iv. Signing & Markings Sheet showing existing signs, proposed signs, existing striping, and proposed striping relating to the signal design. v. Geometric Modification Sheet (if applicable) showing intersection improvements and demolition items. vi. Develop quantity estimate and engineer's estimate of probable cost spreadsheets prepared in Microsoft Excel. vii. Review General Notes, traffic signal specifications, and Standard General Provisions supplied by the CITY for applicability and modify (if necessary) for the respective intersection. The following table specifies the requirement for the consultant to provide the following tasks within this project: Yes No Q Collects 24-hour approach counts. Q Collects speed counts on Beach Street. EA1-18 Dunaway 2005328 Exhibit A-1.v4.doc 8/27/07 © Collects peak hour turningmovement counts. © Prepares short report(in replace of 30% plans). Prepares collision diagram. © Prepares signal warrant study. Q Prepares capacity analysis. Prepares signal design for traffic control plans. Prepares existing conditions sheet. 0 Prepares geometric modifications sheet. Prepares traffic signal and signs and markings sheets. c. Assemble Applicable Standards Identify and acquire all applicable Statewide and District standards. Modify standards as needed. Fill in the title block with project number, CSJ and page number etc. Plot sheets and incorporate into the plans. 8. Miscellaneous (Roadway) (FUNCTION CODE 163) a. Traffic Control Plans Final design and PS&E preparation for traffic control plans shall be prepared for the project. The ENGINEER shall coordinate the work with TxDOT's ENGINEER for CSJ 0902-48-502. 1) Traffic Control/Sequence of Work Layouts Prepare layouts (1" = 50') showing the travel lanes and construction area for each phase of construction. Included in the layouts will be temporary signing and striping, channelization devices, barricades and a narrative of the sequence of work. 2) Traffic Control Typical Sections In conjunction with the Traffic Control Layouts, the ENGINEER shall develop typical cross sections showing lane widths, edge conditions, channelization and proposed construction area. 3) Intersection Staging Develop typical intersection staging plans for similar intersections. Develop custom intersection staging layouts only for special conditions. 4) Driveway Staging Develop a typical driveway staging plan for similar driveways. Develop custom EA1-19 Dunaway 2005328 Exhibit A-1.v4.doc 8/27/07 driveway staging layouts only for special conditions. 5) Assemble Applicable Standards Identify and acquire all applicable Statewide and District standards. Modify standards as needed. Fill in the title block with project number, CSJ and page number etc. Plot sheets and incorporate into the plans. b. Illumination Anticipated illumination requirements for this project will be limited to safety lighting at intersections. Continuous lighting and high mast lighting are not considered part of this scope. c. Agreements 1) Utility Agreements The STATE shall prepare and obtain all necessary Utility Agreements for the project. 2) Exhibits for Utility Agreements The ENGINEER shall prepare utility exhibits required for the Utility Agreements. d. Construction Cost Estimate, Basis of Estimate Compute and tabulate all quantities using State bid items and descriptive codes. An engineer's estimate will be prepared to accompany the 30%, 60%, 90% and final submittals. The ENGINEER shall coordinate with TxDOT's ENGINEER for CSJ 0902-48-502 and shall furnish quantities and estimate data for CSJ 0902-48- 622 to TxDOT's ENGINEER for CSJ 0902-48-502 so one cost estimate can be compiled for the two CSJ's. e. Construction Duration (Contract Time) Estimate The construction duration estimate shall be prepared by TxDOT's ENGINEER for CSJ 0902-48-502 for CSJ 0902-48-502 and CSJ 0902-48-602. The construction duration shall be prepared using TxDOT's duration estimating procedure and production rates applicable to the Fort Worth District. f. General Notes & Specifications Revise general notes and specification data, based on applicable bid items and Fort Worth District "master" notes. Identify any Special Specifications and/or Special Provisions applicable to the project. Prepare any custom specifications needed for the project and submit with appropriate justification. Coordinate and furnish general notes, special provisions and special specifications for CSJ 0902- 48-622 with TxDOT's ENGINEER for CSJ 0902-48-502. TxDOT's ENGINEER for EA1-20 Dunaway 2005328 Exhibit A-1.v4.doc 8/27/07 CSJ 0902-48-502 shall compile the general notes, special provisions and special specifications for both CSJ's for use in one bid package. g. Storm Water Pollution Prevention Plans 1) Storm Water Pollution Prevention Plan (SW3P) Prepare SW3P on standard TxDOT SW3P plan sheet. 2) Erosion Control Plan Prepare erosion control layout sheets (scale to be determined) showing all necessary erosion control devices such as: sediment control fences, rock filter dams, soil retention blankets, riprap slope protection and other devices as required. Erosion control plan shall be coordinated with the Traffic Control Plan and Sequence of Work. 3) Miscellaneous TCP and Erosion Details Prepare plan details necessary to clarify the construction requirements of the traffic control and erosion control plans. 4) Assemble Applicable Standards Identify and acquire all applicable Statewide and District standards. Modify standards as needed. Fill in the title block with project number, CSJ and page number etc. Plot sheets and incorporate into the plans. h. Post-Construction Plans (TSS Control for TNRCC Section 401) Post-construction plans and analysis/design of vegetative filter strips, grassy swales, special ditch grading, and other non-structural TSS controls within the proposed corridor are not included in the scope. If required the work will be added by supplemental agreement. 9. Project Management (FUNCTION CODE 190) a. Project Administration Prepare project correspondence and progress reports, coordinate with sub- consultants, and maintain routine project record keeping. The scope assumes project design duration of eighteen (18) months (through response to Design Division review comments). b. Progress/Coordination Meetings Attend periodic progress meetings with the District and Area Office as required to monitor the development of the project. The scope assumes twenty-four (24) EA 1-21 Dunaway 2005328 Exhibit A-1.v4.doc 8/27/07 meetings will be scheduled. Early design phase meetings to be scheduled at 2 to 3 week intervals through public involvement phase, design concept conference, and schematic development. Preliminary design phase meetings to be scheduled at 3 to 4 week intervals through the 30% submittal. Design phase meetings to be scheduled at monthly intervals through the 60 and 90% submittal milestones. Meetings during final review and revision phase (95% and 100% milestones are assumed to occur at 3 to 4 week intervals through the 100% submittal date of January 1, 2005. c. Resolve and Address Comments Summarize and present responses to TxDOT comments arising from the PS&E submittals including 30%, 60%, 90% (final submittal to North Tarrant County Area Office), 95% (final submittal to Fort Worth District Office), and 100% (final submittal for Design Division review and processing) milestones. 10. Construction Support (FUNCTION CODE 340) a. Attend Pre-Construction/Partnering Meeting. b. Stake project centerline and verify/restore benchmarks. c. Review Shop Drawings and submit comments and recommendations to TxDOT. d. Provide general construction support as requested. Services may include preparing response(s) to Request for Information (RFI's), providing comments to TxDOT regarding changes proposed by the contractor, etc. e. Prepare Change Orders when necessary due to errors or omissions in the plans or as requested by the STATE. Change Orders shall be prepared as directed by and approved by TxDOT so as to minimize disruption to the contractor and/or the traveling public. 11. DELIVERABLES a. Deliverable Requirements 1) Electronic Graphics Submittal The ENGINEER shall provide to the STATE, an electronic deliverable (CD ROM) of all design documents (including standard drawings) for this project. 2) Submittals Final Plan Design The ENGINEER shall make a 30%, 60%, 90% (final submittal to North Tarrant County Area Office), 95% (final submittal to Fort Worth District Office), and 100% submittal(final submittal for Design Division review and processing) in accordance with Attachment D. Each submittal prior to the final will consist of one(1) paper copy; the final submittal shall consist of one(1)white mylar and one(1) paper copy. All final sheets shall be size 11"x17". EA1-22 Dunaway 2005328 Exhibit A-1.v4.doc 8127107 3) General Notes The ENGINEER shall provide electronic markups of the general notes and specification data sheets to TxDOT's ENGINEER for CSJ 0902-48-502 and shall coordinate with the Area Engineer for the selection of the final wording. 4) Roadway Cross-Sections The Engineer shall provide the design cross sections that are annotated at the break points and are produced at a 1" = 20' scale on 11" X 17" plan sheets (one (1) paper copy). The Engineer shall provide two cross section reports, one at the design finish grade and the other at the design subgrade. EA1-23 Dunaway 2005328 Exhibit A-1.A.doc 8/27/07 ATTACHMENT "B" COMPENSATION AND SCHEDULE E. 1st STREET (Beach to Oakland) CITY PROJECT No. 00145 CSJ No. 0902-48-622 I. Compensation A. The Engineer shall be compensated a total lump sum fee of $726,110. Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" and Exhibits "A-V and "A-2" for all labor, materials, supplies, and equipment necessary to complete the project. B. The Engineer shall be paid monthly as described in Exhibit "13-1", Section 1 - 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 II. Schedule Final Plans and Contract Documents for letting shall be submitted within 370 calendar days (Includes scheduled City and TXDOT review time.) after the "Notice to Proceed" letter is issued. A. Conceptual Engineering Plans (Schematic, Surveying, SUE)— 135 calendar days B. Preliminary Engineering Plans (60% Review Submittal)- 60 calendar days C. Final Engineering Plans and Contract Documents (PS&E)- 75 calendar days D. Final plans and Contract documents for bid Advertisement (TXDOT Austin Processing)- 100 calendar days B— 1 2006328_AttachmentB&C.doc EXHIBIT "B-1" METHOD OF PAYMENT (SUPPLEMENT TO ATTACHMENT "B") E. 1"STREET (Beach to Oakland) CITY PROJECT No. 00145 CSJ No. 0902-48-622 I. Compensation Partial payment shall be made monthly upon City's approval of an invoice from the ENGINEER outlining the estimated current percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Until satisfactory completion of Exhibit "A-1", Conceptual Engineering Plans submittal and approval by the City, a sum not to exceed 35 percent of the maximum fee. Until satisfactory completion of Exhibit "A-1", Preliminary Construction Plans submittal, a sum not to exceed 60 percent of the maximum fee, less previous payments. Until satisfactory completion of Exhibit "A-1", Final Construction Plans submittal and approval by the City, a sum not to exceed 90 percent of the maximum fee, less previous payments. The balance of the earnings, less previous payments, shall be payable after the Pre- Construction meetings for the Project has been conducted. II. Progress Report A. The Engineer shall submit to the designated representative of the Director of the Department of Engineering monthly progress reports covering all phases of the design by the 15th of every month in the format required by the City. B. If the Engineer determines in the course of making design drawings and specifications that the opinion of probable construction cost of$ 4,584,369.00 (as estimated in Exhibit "13-4") 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 Department of Engineering and, if so instructed by the Director of the Department of Engineering shall suspend all work hereunder. EB - 1 2006328_AttachmentBBC.doc EXHIBIT "B-2" HOURLY RATE SCHEDULE (SUPPLEMENT TO ATTACHMENT "B") E. V STREET (Beach to Oakland) CITY PROJECT No. 00145 CSJ No. 0902-48-622 2007 Standard Rate Schedule* Employee Classification Rate/Hour(or Range) Administrative $55-$75 Cadd Technician $60-$80 Design Technician $80-$110 Department Director $110-$150 Design Engineer $70-$130 Project Manager $90-$130 Principal $150-$200 Special Consulting $225 Reimbursable Cost + 10% Mileage $0.45 Per Mile Reproduction work will be at current commercial rate. Subcontractors will be paid for at actual invoice cost plus ten percent (10%). • *These rates are subject to adjustment after December 2007. EXHIBIT"B-3A" (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES ENGINEERING DESIGN SERVICES ASSOCIATED WITH EAST 1st STREET FROM BEACH STREET TO OAKLAND BLVD. City Project No.00145 CSJ No.0902-48-622 Consulting firm Prime Responsibility Fee Amount Percent Prime Consultant Dunaway Associates, L.P. Engineering,Environmental, $ 430,820 59% &Project Management MWWBE Consultants: Gorrondona&Associates, Inc. Survey, ROW Acquisition Documents $ 99,200 14% Street Smarts Traffic Signal Design $ 19,850 3% CSI, Inc. SWPPP,Traffic Control Plans, Drainage, $ 133,500 18% Schematic Non-MWWBE Consultants: CMJ Engineering, Inc. Geotech., Pvmt. Design Report $ 24,700 3% Jacobs, Inc. Noise&Air Quality Analysis $ 18,040 2% Total Fee Amount $ 726,110 100% Proiect Description Scope of Service Total Fee MWWBE Fee Percent Engineering Services Roadway, Drainage,Signing, $ 726,110 $ 252,550 35% Pvmt. Marking,Signalization Environmental Services City's MWBE goal for this project 28% 2006326_ExhibitB-3 v5_sri.xls E13-3A EXHIBIT"13-313" (SUPPLEMENT TO ATTACHMENT B) PROFESSIONAL SERVICES FEE SUMMARY ENGINEERING DESIGN SERVICES ASSOCIATED WITH EAST 1st STREET FROM BEACH STREET TO OAKLAND BLVD. City Project No.00145 CSJ No.0902-48-622 BASIC ENGINEERING DESIGN FEE Opinion of Probable Construction Costs X Curve A X 85% Design: $ 4,584,369 9.50% 85% $ 370,190 Reduction for Preliminary Design (8%) -29,620 Basic Services Total: 7.4% $ 340,570 ADDITIONAL SERVICES Surveying Services' $ 99,200 Public Meeting(1) $ 6,000 Project Management $ 18,000 Signal Warrant Study $ 1,200 Waters of the US Delineation $ 8,700 Section 404 Permit Application(Individual Permit) $ 65,000 Cultural Resource Survey $ 7,950 Section 4(f)Evaluation $ 8,600 Noise&Air Quality Analysis $ 18,040 Categorical Exculsion Document Preparation $ 12,250 Indirect Cumulative Impact $ 13,500 Geotechnical Investigation $ 17,200 Pavement Design Report— $ 7,500 Storm Water Pollution Prevention Plan $ 8,700 Traffic Control Plans $ 47,500 Administrative Fee(10%)on Subconsultants $ 27,730 Printing/Reproduction $ 12,470 Construction Assistance(shop drawing review) $ 6,000 Additional Services Total: $ 385,540 PROJECT TOTAL $ 726,110 Includes SUE(QL B)- For QL A,Add$8,780(up to 9 test holes) "Includes TxDOT Pavement Design Report only-Add$5,400 for Fort Worth Pvmt.Design Report 2006328 ExhibitB-3_v5_50.xls EB-38 EXHIBIT "B-3C" (SUPPLEMENT TO ATTACHMENT B) OTAL FEE SUMMARY& DESIGN FEE BREAKDOWN (LESS SURVEY FEE ENGINEERING DESIGN SERVICES ASSOCIATED WITH EAST 1st STREET FROM BEACH STREET TO OAKLAND BLVD. City Project No. 00145 CSJ No. 0902-48-622 A SUMMARY OF TOTAL FEE Service Description Total Engineering Services $ 340,570 Additional Engineering Services $ 286,340 Engineering Subtotal $ 626,910 Surveying Fee $ 99,200 Total $ 726,110 2006328_ExhibitB-3_v5_srj.x1s EB-3C • EXHIBIT"B-3D" (SUPPLEMENT TO ATTACHMENT B) FEES FOR SURVEYING SERVICES ENGINEERING DESIGN SERVICES ASSOCIATED WITH EAST 1st STREET FROM BEACH STREET TO OAKLAND BLVD. City Project No. 00145 CSJ No. 0902-48-622 Topographic Surveys 1 LS x $26,000.00 $ 26,000 Control Survey 1 LS x $ 5,000.00 $ 5,000 ROW Map 1 LS x $ 8,000.00 $ 8,000 ROW Acquisition Documents 28 EA x $ 1,800.00 $ 50,400 Drainage Easements 4 EA x $ 1,200.00 $ 4,800 Subsurface Utility Investig. (QL B) 1 LS x $ 5,000.00 $ 5,000 Survey Services Total $ 99,200 2006328_ExhibitB-3_v5_srj.x1s EB-3D EXHIBIT"B-3E" (SUPPLEMENT TO ATTACHMENT B) FEES FOR REPRODUCTION SERVICES ENGINEERING DESIGN SERVICES ASSOCIATED WITH EAST 1st STREET FROM BEACH STREET TO OAKLAND BLVD. City Project No.00145 CSJ No. 0902-48-622 SETS $/SHEET SHEETS TOTAL 1 Preliminary Design 30%, 60% Plans 20 $ 1.00 150 $ 3,000 2 Utility Plans 14 $ 1.00 30 $ 420 3 Final Design 90%, 100% Plans 20 $ 1.00 300 $ 6,000 5 Final Mylars Plans 1 $ 3.00 300 $ 900 6 Check Plans 4 $ 1.00 300 $ 1,200 7 Photocopies 1 $ 0.10 500 $ 50 8 Binding/Delivery $ 500 6 Public Meetings Mounted Exhibits 1 $ 100.00 4 $ 400 Reproduction Services Total $ 12,470 2006328_ExhibitB-3_v5_Sd.x1s EB-3E Q EXHIBIT"B-3F" (SUPPLEMENT TO ATTACHMENT B) FEES FOR ADDITIONAL SERVICES ENGINEERING DESIGN SERVICES ASSOCIATED WITH EAST 1st STREET FROM BEACH STREET TO OAKLAND BLVD. City Project No. 00145 CSJ No. 090248-622 Additional Services: Public Meeting (1) $ 6,000 Project Management $ 18,000 Signal Warrant Study $ 1,200 Waters of the US Delineation $ 8,700 Section 404 Permit Application (Individual Permit) $ 65,000 Cultural Resource Survey $ 7,950 Section 4(f) Evaluation $ 8,600 Noise &Air Quality Analysis $ 18,040 Categorical Exculsion Document Preparation $ 12,250 Indirect Cumulative Impact $ 13,500 Geotechnical Investigation $ 17,200 Pavement Design Report $ 7,500 Storm Water Pollution Prevention Plan $ 8,700 Traffic Control Plans $ 47,500 Administrative Fee (10%) on Subconsultants $ 27,730 Additional Services Total $ 267,870 2006328_ExhibitB-3_v5_srj.x1s E B-3 F r • EXHIBIT"B-4" (SUPPLEMENT TO ATTACHMENT B) OPINION OF PROBABLE CONSTRUCTION COST ENGINEERING DESIGN SERVICES ASSOCIATED WITH EAST1st STREET FROM BEACH STREET TO OAKLAND BLVD. City Project No.00145 CSJ No.0902.48-622 COUNTY: TARRANT HWY:CSJ CONTROL:0902 SECTION: 48 JOB: LIMITS: FROM:Ste 40+50 Bridge replacement on East 1st Street LENGTH: 2580 FT. TO:Sta 66+30 at W.Fork Trinity River in Ft.Worth LENGTH: 0.489 MI. Structure No.ZZ00-75-002 COUNTY: TARRANT HWY:CSJ CONTROL:0902 SECTION: 48 JOB: LIMITS: FROM:Sta 10+00 Roadway approaches to Beach St(west)and LENGTH: 5485 FT. TO:Sta 90+65 to near Oakland Blvd(east) LENGTH: 1.039 MI. EXCEPTION:Sta 40+50 to Ste 66+30 EXISTING CONDITION: The existing bridge has deteriorated girders and abutments;scouring at interior bent; inadequate roadway width,cracking and settling of abutment and significant channel erosion. PROPOSED WORK: 1 st CSJ: Replace existing structure with 400'long,5-span bridge at the West Fork of the Trinity River using Type C beams; add two releif structures with lengths of 240'and 440'8 match roadway section(4-lane divided). The replacement bridge is on a new alignment approximately 120 feet downstream of the existing bridge.The existing bridge is to remain as a pedestrian structure. 2nd CSJ: Construct roadway approaches to Beach Street(west of bridge replacement)and to near Oakland Boulevard(east). PREPARED BY: James Browne,P.E.,CSI Project Manager DESIGN:JEB 1111012004 FILE LOCATION: at TxDOT REVISED:JEB 4119/2005 G:\Projects\3-15-28\Cost Estimates\Ei stSt Est Agency Agnmt04192005.x1s at CSI REVISED:SRJ 311612007 City of Fort Worth Segments TxDOT Segment Pay TxDOT TxDOT Units TxDOT Segments 1,2,41 Segment 3 Item Item Item unit bid Estimated Unit Bid Estimated Estimated Unit Bid Estimated No. No. Description price Quantity Price Bid Amount Quantity Price Bid Amount 1 0100-0502 Prepare R.O.W. Ste $3,000 59.6 $3,000 $178,800.00 25.1 $2,500 $62,750.00 2 0110-0501 Excavation(Rdwy) CY $4.00 11000 $4.00 $44,000.00 300 $4.00 $1,200.00 3 0110-0502 Excavation(Channel) CY $15.00 0 $15.00 $0.00 15000 $15.00 $225,000.00 4 0132-0506 Embankment(Density Control)(TY B)(CL 3) CY $10.50 43186 $10.50 $453,448.33 44772 $6.50 $291,019 44 5 0132-XXXX Embankment(TY D) CY '; $4.80 10400 $4.80 $49,920.00 0 $2.00 $0.00 6 0164-XXXX Topsoil/Seeding Landscaping(See note 5) LS $0.00 3 $0.00 $0.00 1 $0.00 $0.00 7 0247-0836 Flex Base(Comp)in Place)(TY A GR 6 CL 5)6 IN SY $11,00 1287.1 $11.00 $14,158.10 0 $9.00 $0.00 8 0247-0696 Flex Base(Rdwy Del)(TY D GR 6 CL 1) CY $30.00 0 $30.00 $0.00 2179 $30.00 $65,370.00 9 0260-0510 Lime Treated Subgrade(DC)(8 IN) SY $2.00 37040 $2.00 $74,080.00 12480 $2.00 $24,960.00 10 0260-0514 Lime(TY A Slurry)or(TY B) Ton $110.00 489 $110.00 $53,790.00 173.9 $110.00 $19,129.00 11 0275-0505 Cement Ton $95.00 0 $95.00 $0.00 65 $95.00 $6,175.00 12 0275-0511 Cement Treated(New Base)(Slmgt-O)(8 IN)(DC) SY $3.00 0 $3.00 $0.00 2020 $3.00 $6,060.00 13 0305-XXXX Saly 8 Haul Red Asph Pav SY $4.00 15923 $4.00 $63,692.00 8216 $4.00 $32,864.00 14 0360-0509 Mono Curb(6 IN) LF $4.00 0 $4.00 $0.00 500 $4.00 $2,000.00 14A 0529-XXXX Curb 8 Gutter(TY II) LF `'$17.00 11631 $17.00 $197,727.00 2930 $17.00 $49,810.00 15 0360-0554 Concrete Pavement(Cont Reinf)(8 IN) SY $36.00 0 $36.00 $0.00 2650 $35.00 $92,750.00 16 0420-XXXX Conc for Struct Appr Slab(CL C) CY $220.00 0 $220.00 $0.00 399.3 $220.00 $87,846.00 17 0432-0507 Riprap(Stone)(Common)(Dry) CY $85.00 0 $85.00 $0.00 3740 $85.00 $317,900.00 18 04XX-XXXX West Relief Bridges(240 Ft Long X 88 Ft Wide) SF $80.00 0 $80.00 $0.00 17760 $80.00$1,420.800.00 19 04XX-XXXX East Relief Bridges(440 Ft Long X 88 Ft Wide) SF $80.00 0 $80.00 $0.00 32560 $80.00 $2,604,800.00 20 04XX-XXXX Main Bridges(400 Ft Long X 88 Ft Wide) SF $50.00 0 $50.00 $0.00 25600 $50.00 $1,280,000.00 21 0464-0503 RC Pipe(CL III)(18 IN) LF $36.00 675 $36.00 $24,300.00 0 $35.00 $0.00 22 0464-0507 RC Pipe(CL III)(30 IN) LF $80.00 2050 $80.00 $164,000.00 0 $59.00 $0.00 23 0465-0503 Inlet(Complete)(TY C) Ea $3.000 18 $3,000 $54,000.00 0 $3,000 $0.00 24 0466-0948 Headwall(CH-FW-0)(30 IN) Ea $3,ODO 1 $3,000 $3,000.00 0 $2,500 $0.00 25 0496-0535 Remove Old Structure Small(Hdwl)(See note 5) Ea $0 0 $0 $0.00 2 $0 $0.00 26 0496-0549 Remove Old Structure(Pipe)(Box Culvert)(See note 5) LF $0 0 $0 $0.00 40 $0 $0.00 27 0496-XXXX •Remove Old Structure LS $51,500 0 $51,500 $0.00 1 $51,500 $51,500.00 28 0530-0501 Driveways(Conc)(6 IN) SY $50.00 436 $50.00 $21,800.00 0 $37.00 $0.00 29 0531-0537 Concrete Sidewalk(5 FT) SY $40.00 1510 $40.00 $60,400.00 0 $40.00 $0.00 30 0534-0501 Structure Approach Slabs CY 0 $0.00 $0.00 311 $0.00 $0.00 31 0540-0504 Metal Beam Guard Fence(Blkout)(12 GA) LF $15.00 0 $15.00 $0.00 975 $15.00 $14,625.00 32 0540-0505 Term Anchor Sect(12 GA) Ea $400.00 0 $400.00 $0.00 2 $400.00 $800.00 33 0540-0538 Metal Beam Guard Fence Transition(Thrie Beam) Ea $1,000.00 0 $1,000.00 $0.00 6 $1,000.00 $6,000.00 34 0542-0501 Remove Metal Beam Guard Fence(See note 5) LF $0 0 $0.00 $0.00 150 $0.00 $0.00 35 0542.0503 Remove Terminal-Anchor Section(See note 5) Ea $0 0 $0.00 $0.00 4 $0.00 $0.00 36 0544-XXXX Single Guardrail Terminal(TY III) Ea $1,750 0 $1,750 $0.00 4 $1,750 $7,000.00 37 0644-XXXX Signs Ste varies 59.6 varies $39,550.00 25.1 $500 $12,550.00 38 0666-XXXX Striping/Pvmnt Mrkg Ste varies 59.6 varies $39.550.00 25.1 $500 $12,550.00 39 0681-0501 Temporary Traffic Signal for Construction Ea 115,000 1 $15,000 $15,000.00 0 $15,000 $0.00 40 0686-XXXX Traffic Signal(Beach St) LS ,($150,000 1 $150,000 $150,000.00 0 $150,000 $0.00 41 3146-0538 Hot Mix(TY B)((Base)(PG 64-22) Ton '$80.00 12771 $80.00 $1,021,680.00 3138 $80 $251,040.00 42 3146-0550 Hot Mix(TY D)(Undertayment)(PG 64-22) Ton °,',;,','.$80.D0 0 $80.00 $0.00 583 $80 $46,640.00 43 3146-0839 Hot Mix(TY D)(Surf)(CL B)(PG 76-22)(L.S or E) Ton $90.00 r.- 3884 $90.00 $349,560.00 897 $90 $80,730.00 43A 0423-XXXX Retaining Wall SF $30.00 0 $30.00 $0.00 2790 $30.00 $83,700.00 43B 0450-XXXX Railing Ty T203 LF $55.00 0 $55.00 $0.00 72 $65.00 $3,960.00 43C 0528-XXXX Colored Textured Concrete(4 IN.) SY $45.00 82 $45.00 $3,690.00 705 $45.00 $31,725.00 43D 0360-0554 Concrete Pavement(Data Cost for"streetscape') SY $9.00 0 $9.00 $0.00 1470 $9.00 $0.00 44 5000-XXXX SW3P(See note 1) LS 2% 1 2% $61,522.91 1 2% $143,865.07 45 Misc Construction Items(See note 2) LS 10% 1 10% $313,766.83 1 10% $733.711.85 46 0500-0501 Mobilization(See note 3) LS 10% 1 10% 10$345,143.52 1 % $807,083.04 47 0502-XXXX Barricades,Warning Signs,Traffic Handling(See note 4) LS 5% 1 5% $189,828.93 1 5% $443,895,67 Total of Bid items $3,986,408 $9,321,809 Engineering and Contingencies @ 25% $996,602 $2,330,452 Total Estimate $4,983,010 $11,652,261 Total of Bid items $3,988,405 Contingencies g 15% $597,981 Total Estimate $4,594,369 w ATTACHMENT "C" AMENDMENTS TO STANDARD CONTRACT AND GENERAL SCOPE OF SERVICES E. 1st STREET(Beach to Oakland) CITY PROJECT No. 00145 CSJ No. 0902-48-622 The following are amendments to the General Scope of Services. A. Delete Paragraphs 16 through 18 and replace with the following: 16) Final Approved Construction Plans The Engineer shall furnish TxDOT with 1 set of mylars of final approved construction plans and General Notes. The plans and General Notes shall be used by TxDOT in obtaining bids, awarding contracts, and constructing the project. 17) Bidding Assistance The Engineer shall assist the Owner and TxDOT as appropriate to interpret, clarify, or expand the bidding documents. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the Owner and TxDOT as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 18) Recommendation of Award It is anticipated that TxDOT will perform this task. No participation by the Engineer is required. B. Delete Paragraphs 22 and 24 through 26. These construction phase services are not included. If these services are needed, a supplemental service authorization request will be submitted. c-1 8/27/2007 Changes s Amendments Dunaway Associates,L.P. E.I"Street ` w w ATTACHMENT "D" PROJECT SCHEDULE E. Vt STREET (Beach to Oakland) CITY PROJECT No. 00145 CSJ No. 0902-48-622 NTP 1d Mon 1011/07 Mon 10/1/07 Surveying 20d Tue 10/2/07 Mon 10/29/07 Utility Locations (SUE) 20d Tue 10/2/07 Mon 10/29/07 Schematic & DSR 64d Tue 10/2/07 Fri 12/28/07 Schematic/DSR completion 20d Tue 10/2/07 Mon 10/29/07 Schematic/DSR Review 4w Tue 10/30/07 Mon 11/26/07 Response to Schematic Comments 2w Tue 11/27/07 Mon 12/10/07 Schematic Final Review &Approval 14d Tue 12/11/07 Fri 12/28/07 Environmental Documentation 251 d Tue 10/2/07 Tue 9/16/08 Environmental Doc Preparation 60d Tue 10/2/07 Mon 12/24/07 Public Meeting 1 d Tue 12/25/07 Tue 12/25/07 Environmental Doc Review 80d Wed 12/26/07 Tue 4/15/08 Respond to review 2w Wed 4/16/08 Tue 4/29/08 Notice to Proceed 4w Wed 4/30/08 Tue 5/27/08 Public Hearing 40d Wed 5/28/08 Tue 7/22/08 Summary & Analysis 4w Wed 7/23/08 Tue 8/19/08 Environmental approval 4w Wed 8/20/08 Tue 9/16/08 Permits (404) 257d Tue 10/2/07 Wed 9/24/08 ROW Acquisition 20w Mon 12/31/07 Fri 5/16/08 Utility coordination 31.8w Mon 12/31/07 Thu 8/7/08 PS&E 288d Mon 12/31/07 Wed 2/4/09 PS&E Design 26.4w Mon 12/31/07 Tue 7/1/08 90% Review 4w Wed 7/2/08 Tue 7/29/08 100% Area & District Review 25d Wed 7/30/08 Tue 9/2/08 Address 100% Comments 15d Wed 9/3/08 Tue 9/23/08 TxDOT District Final Check 5d Wed 9/24/08 Tue 9/30/08 TxDOT Austin Review 90d Wed 10/1/08 Tue 2/3/09 Letting 1d Wed 2/4/09 Wed 2/4109 EAST FIRST STREET FROM OAKLAND BLVD �WDUNAWAY TX DOT CSJ 1 . 1 . •. 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I.tn wumn Gnu,-_ ��i��1111� dull_ �■i� 1'�_=IIIL1 d1►111111 Illlllal�nx/_" ��- III-'p ;Imo_=�In� nn �� -11�111,1� "� -yam��� ;1•'�1•in11rz 1�Ijr�,l �11111 IIII_ellllll� tlllllll rlllllllll IN IIIIIIIIIIIIIII � \,� _ _____!•11 i -- - Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/8/2008 DATE: Tuesday, January 08, 2008 LOG NAME: 20EASTFIRST REFERENCE NO.: **C-22600 SUBJECT: Authorize Execution of an Engineering Services Agreement with Dunaway Associates, L.P., for the Design of East First Street from Beach Street to Oakland Boulevard (2004 CIP Project No. 00145) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Services Agreement with Dunaway Associates, L.P., in the amount of $726,110 for the design of East First Street from Beach Street to Oakland Boulevard. DISCUSSION: The 2004 Capital Improvement Program (CIP) included $890,000 for the design, construction and inspection of East First Street from Beach Street to Oakland Boulevard. The existing two-lane rural roadway will be reconstructed to a four-lane divided roadway. Additionally, the project will include the construction of a new bridge over the Trinity River. Tarrant County's 2006 Bond Program approved $2,090,000 to supplement the completion of this project. Federal funding for this project is $2,397,335 bringing the total available funding to $5,377,335. On April 25, 2006, the City Council (M&C C-21412) adopted Resolution No. 3338-04-2006 authorizing the execution of a Local Transportation Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for a Surface Transportation Program/Metropolitan Mobility Project for East First Street from Beach Street to Oakland Boulevard. As part of the total federal funding for this project, TxDOT will reimburse the City 80 percent of the design costs of $726,110, and will advertise, award and inspect construction of the roadway with the new bridge over the Trinity River (Bridge ID 02220ZZ0075002). The remaining federal funding for this project will be allocated for construction. The City, as part of its cost, will be responsible for all costs of acquiring right-of- way, relocating utilities, mitigating environmental impacts and paying for all cost overruns. The original estimated cost of the project is $3,044,598. Due to the cost of construction inflation and environmental issues, the design, construction and inspection costs are currently estimated at $5,079,235. The remaining $298,100 will cover the cost of project management, acquiring right-of-way, relocating utilities, mitigating environmental impacts and paying for all cost overruns. Based upon review of written Statement of Qualifications, Dunaway Associates, L.P., was selected as the best qualified firm to perform the design work for this project. Dunaway Associates, L.P., has proposed to perform the necessary surveys, geotechnical investigations, environmental documents, final plans and specifications for a lump sum fee of $726,110. City Staff considers this fee to be fair and reasonable for the scope of services to be performed. Dunaway Associates, L.P., is in compliance with the City's M/WBE Ordinance by committing to 35 percent M/WBE participation on the agreement. The City's goal on this agreement is 28 percent. This project is located in COUNCIL DISTRICT 4, Mapsco 64S, T, U and V. http://ww-w.cfwnet.org/council_packet/Reports/mc_print.asp 1/22/2008 Page 2 of 2 e FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C200 531200 204230014530 $726,110.00 Submitted for City Manager's Office by: Marc A. Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Tom Leuschen (2442) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/22/2008