Loading...
HomeMy WebLinkAboutContract 37717-A4 (2)AMENDMENT NO. 4 STATE OF TEXAS S CITY SECRETARY CONTRACT NO. ,2) 1 11 COUNTY OF TARRANT 8 WHEREAS, the City of Fort Worth (City) and Dannenbaum Engineering Corporation, (Engineer) made and entered into City Secretary Contract No. 37717, (the Contract) which was authorized by the City Council by M&C C- 23050 on the 16th day of Sept 2008. WHEREAS, the Contract involves engineering services for the following projects: 5A (Project 00946), 5B (Project 00947) and 5C (Project 00950) that are all part of the Critical Capital program. Engineering Design Services includes: Street Reconstruction, Water and Sewer Replacement at the following Locations: 5A (Project # 00946) TPW Project No.C295-531200 205400094630/51 - Bideker Avenue (MLK Freeway - E Dead End) Bright Street (Berry street - Reed Street) Burton Avenue (Vaughn blvd- Campbell Street) 5B (Project # 00947) TPW Project No.C295-531200 205400094730/51 - Ave M (Miller Avenue - Hughes Avenue) - Edgewood Terrace (Tudy Lane - Hampshire Blvd) - Valley View Drive (E Hurst Blvd or S.H 10 - 100' South of S.H 10) WHEREAS, it has become necessary to execute Amendment No.4, fiber reinforcement is to be used in lieu of steel rebars in the repaved concrete slab for Edgewood Terrace and a planned storm sewer off Bideker Avenue requires additional right of way acquisition. Suggested additional work is in Contracts 5B (Project 00947), and 5A (Project 00946). Subsequently there is an increase in the scope of work and a maximum fee revision; CITY SECRETARY FT. WgRTH, TX NOW THEREFORE, City and Engineer, acting herein by and through their duly authorized representatives, enter into the following agreement which amends the Contract: 1. Article I of the Contract is amended engineering services specified in a proposal ,2010, a copy of which is attached hereto an city's cost for the additional design ser9 Engineer is $ 5,959.00. 2. to include the additional letter dated November 12 d incorporated herein. The rices to be performed by Article II of the Contract is amended to provide for a the maximum fee to be paid to Engineer for all work performed under the Contract, as amended, so that the total the City for all work and services shall not exceed $4901940.00. 0 3 n increase in and services fee paid by the sum of All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. EXECUTED on this the Tarrant County, Texas. ATTEST: Marty Hendrix City Secretary 2011, in Fort Worth, CITY SECRETARY APPROVAL REC0I ENDEDa William A�Verkes-t', P.E. Director, Transportation And Public Works Department Dannebaum Engineering Corporation ENGINEER sy: L Name: Wayne G Ahrens, P.E. Executive Vice President 6421 Camp Bowie ,Suite 400 Fort Worth, Texas 76116 APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Fernando Costa AICP Assistant City Manager VgV,ry I � DANNENBAUM ENGINEERING CORPORATION 6421 CAMP BOWIE BLVD., SUITE 4Q0 FORT WORTH, TEXAS 76116-5421 (817) 763-9883 November 12, 2010 Mr. Khal Jaafari, P.E. TPW Department City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102-6311 RE: Supplemental Agreement No. 4 2007 Critical Capital Project (Council District 5) Bideker Avenue, Bright Street, Burton Avenue, Avenue M, Edgewood Terrace South, Plant Avenue, Capers Avenue, Osborne Lane, & Ransom Terrace City Project Nos. 00946, 00947, & 00950 Dear Mr. Jaafari: Dannenbaum is submitting this Contract Amendment to the above reference contract based on additional services requested. The following is a brief description and cost for the additional services to be provided on this project: Additional Services for Bideker Street (Contract SA — CPN 00946): As requested by your October 22, 2010 email, the City's Real Property Division has requested the complete acquisition of 3417 Bideker Street (Lot 63 Block 21 Englewood Heights Addition) to accommodate offsite drainage. This amendment will provide the required exhibits to acquire this lot. Summary of Contract Fee for Contract 5A: Original Contract Amount $ 221,024.00 Amendment No. 1 $ 9,250.00 Amendment No. 2 $ 0.00 Amendment No. 3 $ 0.00 Amendment No. 4 $ 1,100.00 Revised Contract Amount $ 231,374.00 Work Phase Summary (Includes all Amendments to date): Work Water Sewer T/PW (Pavin &Drainage) Phase Original Revised Original Revised Original Revised 51 14,778.00 14,778.00 23372.00 2,372.00 17,150.00 24,450.00 31 14,828.00 14,828.00 2,166.00 2)166.00 39,024.00 39,909.00 32 29,654.00 2%654.00 4,333.00 4,333.00 78,047.00 79,817.00 33 4,942.00 4,942.00 722.00 722.00 13,008.00 13,403.00 Total 64,202.00 64,202.00 9,593.00 9,593.00 147,229.00 157,579.00 0 Yost$ 0 G"Ifenoe FT� V MUM, TX G:\1210\4397-32\AdminVlgreement\SA4\Letter Jaafari 11-12-2010.doc Mc Khai Jamari, P.E. Supplemental Agreement No. 4 November 12, 2010 Page 2 of 3 Additional Services for Edgewood Terrace (Contract SB —CPN 00947): As requested by your October 22, 2010 email, the City wishes to utilize alternate paving reinforcements at specific locations along Edgewood Terrace South. This amendment covers the efforts to update the plans, specifications, and estimates for the use of alternate reinforcements. Summary of Contract Fee for Contract SB: Original Contract Amount $ 97,037.00 Amendment No. 1 $ 0.00 Amendment No. 2 $ 0.00 Amendment No. 3 $ 12,870.00 Amendment No. 4 $ 4.859.00 Revised Contract Amount $ 114,766.00 Work Phase Summary (Includes all Amendments to date): Work Water Sewer T/PW Pavin &Draina e Phase Original Revised Original Revised Original Revised 51 31687600 3,687.00 2,251.00 2,251.00 5,938.00 17,638.00 31 6,386.00 6,386.00 3,448.00 3,448.00 15,712.00 162063000 32 0 125774000 12,774.00 6,898.00 6,898.00 1 31,426.00 .... _.. _.. 32,128.40 33 23129.00 27129400 1,150.00 1,150.00 5,238.00 103214600 Total 24,976.00 24,976.00 13,747.00 13,747.00 582314600 762043000 Summary of Contract Fee for Total Project (CPN 00946, 00947 & 00950): Original Contract Amount $ 451,313.00 Amendment No. 1 $ 18,958.00 Amendment No. 2 $ 1,840.00 Amendment No. 3 $ 12,870.00 Amendment No. 4 $ 5.959.00 Revised Contract Amount $ 490,940.00 Work Phase Summary (Includes all Amendments to date): Work Water Sewer T/PW Pavin &Draina e Phase Ori final Revised Ori final Revised Ori final Revised 51 245336.00 24,336.00 8,164000 8,164.00 329500.00 51,500.00 31 285049.00 28,049.00 9,409.00 9,409.00 78,436.00 827584.00 32 56,096.00 56,096.00 18,818.00 185818900 156,874.00 165,171.00 33 93349.00 11,189.00 3,136900 3,136000 26,146.00 32,488.00 Total 117,830.00 1197670000 39,527.00 1 3%527.00 2936956800 331,743.00 G:\121014397-32\AdminWgreement\SA4\Letter Jaafari 11-12-2010.doc Mr. Khal Jaafari, P.E. Supplemental Agreement No. 4 November 12, 2010 Page 2 of 3 anyou for your consideration %J this amendment request. If you have any questions in the meantime, please do not hesitate to call. Sincerely, urt Caldwell, P.E. Project Manager cc: Gary W. Fisher, P.E. File 4397-32 G:\1210\4397-32Wdmin\Agreement\SA4\LetterJaafari I1-12-2010.doc ATTACHMENT "B" COMPENSATION AND SCHEDULE 2007 CRITICAL CAPITAL PROJECT (COUNCIL DISTRICT 5) STREET RECONSTRUCTION, WATER AND SANITARY SEWER REPLACEMENT CONTRACT 5A ON BIDEKER AVENUE (MLK FRWY TO E. DEAD END), BRIGHT STREET (BERRY TO REED), BURTON AVENUE (VAUGHN TO CAMPBELL) - CITY PROJECT NO.00946 CONTRACT 5B ON AVENUE M (MILLER TO HUGHES), EDGEWOOD TERRACE SOUTH (JUDY TO HAMPSHIRE) AND VALLEY VISTA DRIVE (SH10 TO 100-FEET SOUTH) SUPPLEMENTAL AGREEMENT NOA CITY PROJECT NO. 00947 I. Compensation: A. T'he Engineer shall be compensated a total lump sum fee of $5,959.00 as summarized in Exhibit "B-3B". Payment of the total lump sum fee shall be considered full compensation for the services described in Exhibit "A" for all labor materials, supplies and equipment necessary to complete the project. B. The Engineer shall be paid monthly as described in Exhibit "B-1", Section 1 — Method of Payment. Each Invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. II. Schedule: A. Phases 1 and 2 shall be completed 65 days after the "Notice to Proceed" letter is issued. The Scope of Services is outlined in Attachment "A", Exhibit "A". g:\1210\4397-32\adminlagreementlsa4\4397 attach b saN4.doc EXHIBIT "B-1" (SUPPLEMENTAL TO ATTACHMENT B) METHOD OF PAYMENT 2007 CRITICAL CAPITAL PROJECT (COUNCIL DISTRICT 5) STREET RECONSTRUCTION, WATER AND SANITARY SEWER REPLACEMENT CONTRACT 5A ON BIDEKER AVENUE (MLK FRWY TO E. DEAD END), BRIGHT STREET (BERRY TO REED), BURTON AVENUE (VAUGHN TO CAMPBELL) - CITY PROJECT NO, 00946 CONTRACT 5B ON AVENUE M (MILLER TO HUGHES), EDGEWOOD TERRACE SOUTH (JUDY TO HAMPSHIRE) AND VALLEY VISTA DRIVE (SH10 TO 100-FEET SOUTH) SUPPLEMENTAL AGREEMENT NOA CITY PROJECT NO.00947 I. Method of Payment Partial payment shall be made to the Engineer monthly upon City's approval of an invoice from the Engineer outlining the estimated current percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Until satisfactory completion of Exhibits "A-1" and "A-2", Conceptual Engineering plan submittal and approval by the City, a sum not to exceed 30 percent of the total lump sum fee. Until satisfactory completion of Exhibits "A-1" and "A-2", Preliminary Construction Plan submittal to City, a sum not to exceed 60 percent of the total lump sum fee, less previous payments. Until satisfactory completion of Exhibits "A-1" and "A-2", Final Construction plan submittal and approval by the city, a sum not to exceed 90 percent of the total lump sum fee, less previous payments. II. Progress Reports A. The Engineer shall submit to the designated representative of Director of Department of Engineering monthly progress reports covering all phases of design by the 151h 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 construction cost estimate of $0.00 (as estimated on Exhibit 13 4) will be exceeded, whether by change in the scope of the project, increased costs or other conditions, the Engineer shall immediately report such fact to the City's Director of the Department of Engineering and, if so instructed by Director of the Engineering Department, shall suspend all work hereunder. g:\1210\4397-32\admin\agreement\sa4\4397 exhibit b-1 saN4.doc EXHIBIT "0-2" (SUPPLEMENT TO ATTACHMENT B) HOURLY RATE SCHEDULE 2007 CRITICAL CAPITAL PROJECT (COUNCIL DISTRICT 5) STREET RECONSTRUCTION, WATER AND SANITARY SEWER REPLACEMENT CONTRACT 5A ON BIDEKER AVENUE (MLK FRWY TO E. DEAD END), BRIGHT STREET (BERRY TO REED), BURTON AVENUE (VAUGHN TO CAMPBELL) - CITY PROJECT NO.00946 CONTRACT SB ON AVENUE M (MILLER TO HUGHES), EDGEWOOD TERRACE SOUTH (JUDY TO HAMPSHIRE) AND VALLEY VISTA DRIVE (SH10 TO 1004EET SOUTH) SUPPLEMENTAL AGREEMENT NOA CITY PROJECT NO, 00947 Employee Classification Rate/Hour Principal $258.00 Project Manager/Planner $175.00 Senior Engineer/QA-QC $175.00 RPLS $100.00 Project Engineer $120.00 Design Tech. $90.00 CADD Tech. $ 65.00 Clerical It 64.50 2-Man Survey Crew $100.00 3-Man Survey Crew $120.00 4-Man Survey Crew $ I50.00 Reimbursables Cost + 10% Mileage $0.55 Per Mile Reproduction work will be at current commercial rates. Subcontractors will be paid for at actual invoice cost plus ten percent (10%). g:U2I0\4397-32\admin\agreement\sa4\4397 exhibit b-2 sa#4.doc EXHIBIT "B-3A" SUMMARY OF TOTAL PROJECT FEES 2007 Critical Capital Project (Council District 5) Street Reconstruction, Water and Sanitary Sewer Replacement Contract 5A on Bideker Avenue (MLK Frwy to E. Dead End), Bright Street (Berry to Reed), Burton Avenue (Vaughn to Campbell) City Project No. 00946 Contract 5B on Avenue M (Miller to Hughes), Edgewood Terrace South (Judy to Hampshire) &Valley Vista (SH10 to 100-feet South) City Project No. 00947 SUPPLEMENTAL AGREEMENT No. 4 TOTAL CONSTRUCTION COST $ BASIC ENGINEERING DESIGN FEE: Estimated Construction Cost $ - TSPE Curve A 6.5% Basic Charge $ 4,859.00 Basic Fee $ 4,859.00 SPECIAL SERVICES FEE MrifVBE °fo MfifVBE Field Surveys (ANA) $ 1,000.00 $ 1,000.00 100.0% SUBTOTAL (SPECIAL SERVICES) $ CONSTRUCTION SERVICES Construction Phase Services $ As -Built Drawings $ SUBTOTAL (CONSTRUCTION SERVICES) 0 REPRODUCTION (Assumes 1 contract with 1 total sheets) 8 Sets of Review Plans $ 16 Sets of Preliminary Plans (Utility Clearance) $ 50 Sets of Construction Plans $ 50 Sets of Specifications $ 2 Sets of As -Built Plans $ 1 Set of Mylars $ Mounted Exhibit for Public Meetings $ SUBTOTAL (REPRODUCTION) 10%SOB-CONTRACTOR MARK-UP TOTAL LUMP SUM FEE 1,000.00 $ 1,000.00 100.0% - $ - 0.0% - $ - 0.0% - $ - - $ - 0.0% - $ - 0.0% - $ - 0.0% - $ - 0.0% - $ - 0.0% - $ - 0.0% - $ - 0.0% - � - $ 100.00 $ 5,959.00 $ 1,000.00 0.0% 16.8% PROPOSED M/WBE SUBCONSULTANTS PROPOSED SERVICES FEES %CONTRACT ANA Consultants, LLC Field Survey $ 1,000.00 16.8% TOTAL M/VI/BE (City M/WBE Goal = 18%) $ 1,000.00 16.8% PROPOSED NON-M/WBE SUBCONSULTANTS NONE G:\1210\4397-32WdminWgreement\SA4kt397 Exhibit B-3A SA#4.xls EXHIBIT "B-3B" 2007 CRITICAL CAPITAL PROJECT (COUNCIL DISTRICT 5) -CONTRACT SA STREET RECONSTRUCTION, WATER AND SANITARY SEWER REPLACEMENT ON BIDEKER AVENUE (MLK FRWY TO E. DEAD END), BRIGHT STREET (BERRY TO REED), BURTON AVENUE (VAUGHN TO CAMPBELL) CITY PROJECT NO.00946 SUPPLEMENTAL AGREEMENT N0.4 * * *PAVING &STORM DRAINAGE* OPINION OF PROBABLE CONSTRUCTION COSTS CURVE "A" 6.5% X 0.85 = 5.525% ENGINEERING DESIGN DOCUMENT PREPARATION (ANA) TOTAL PAVING &STORM DRAINAGE FEE 10%FOR SUB ($ 1,000.00) TOTAL FEE $ 1,000.00 $ 1,000.00 '11 11 11 11 SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE) A. SUMMARY OF TOTAL FEE Service Description Water Sewer Paving/Drainage Total Engineering Services $ 0.00 $ 0.00 $ 1,100.00 $ 1,100.00 Surveying Services $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total $ 0.00 $ 0.00 $ 13100.00 $ 1,100.00 B. BREAKDOWN OF PAVING/DRAINAGE FEES (LESS SURVEY FEES) Total Paving/Drainage Fee (less survey fee) Breakdown by Concept, Preliminary and Final Design 1. Concept (30%) _ (Total Paving/Drainage Fee —Survey Fee) x (0.3) _ $ 2. Preliminary (60%) _ (Total Paving/Drainage Fee —Survey Fee)x(0.6) _ $ 3. Final (10%) = (Total Paving/Drainage Fee— Paving Fee) x (0.1) = $ 0.00 0.00 1,100000 g:\1210\4397-32\admin\agreementlsa4\4397 exhibit b-3b sa#4.doc EXHIBIT "B-3B" FEE SUMMARY 2007 CRITICAL CAPITAL PROJECT (COUNCIL DISTRICT 5) - CONTRACT 5B STREET RECONSTRUCTION, WATER AND SANITARY SEWER REPLACEMENT ON AVENUE M (MILLER TO HUGHES), EDGEWOOD TERRACE SOUTH (JUDY TO HAMPSHIRE) AND VALLEY VISTA DRIVE (SH10 TO 100-FEET SOUTH) CITY PROJECT NO.00947 C.YI��1 ��1 ��glGf-�Gt-lu�_��1��11►[��! * * *PAVING/DRAINAGE* Ca]�lliffCAINl<�1��� CURVE "A" 6.50/. X 0.85 = 5.525% ENGINEERING DESIGN TOTAL PAVING/DRAINAGE FEE TOTAL FEE $ 4,859.00 $ 4,859.00 SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE) C. SUMMARY OF TOTAL FEE Service Description Water Sewer Paving/Drainage Total Engineering Services $ 0.00 $ 0.00 $ 4,859.00 $ 4,859.00 Surveying Services $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total $ 0.00 $ 0.00 $ 45859.00 $ 4,859.00 D. BREAKDOWN OF DRAINAGE FEES (LESS SURVEY FEES) Total Paving/Drainage Fee (less survey fee) Breakdown by Concept, Preliminary and Final Design 1. Concept (30%) _ (Total Water Fee —Survey Fee) x (0.3) _ $ 0.00 4. Preliminary (60%) _ (Total Water Fee —Survey Fee)x(0.6) _ $ 0.00 5. Final (10%) = (Total Water Fee— Survey Fee) x (0.1) = $ 059.00 B-3B(2) g:\12(0\4397-32\admin\agreement\sa4\4397 exhibit b-36 salt4.doc EXHIBIT "B-3C" SUPPLEMENTAL AGREEMENT N0.4 City Project Nos. 00946 & 00947 BREAKDOWN FOR REPRODUCTION FEE AND ADDITIONAL SERVICES FEE FOR: None per this Supplement Agreement g:\12 (0\4397-32\admin\agreementlsa4\4397 exhibit b-3c sa#4.doc B3C-1 EXHIBIT "13"+ OPINION OF PROBABLE COST SUMMARY 2007 CRITICAL CAPITAL PROJECT (COUNCIL DISTRICT 5) STREET RECONSTRUCTION, WATER AND SANITARY SEWER REPLACEMENT CONTRACT 5A ON BIDEKER AVENUE (MLK FRWY TO E. DEAD END), BRIGHT STREET (BERRY TO REED), BURTON AVENUE (VAUGHN TO CAMPBELL) - CITY PROJECT NO.00946 CONTRACT SB ON AVENUE M (MILLER TO HUGHES), EDGEWOOD TERRACE SOUTH (JUDY TO HAMPSHIRE) AND VALLEY VISTA DRIVE (SH10 TO 1004EET SOUTH) SUPPLEMENTAL AGREEMENT NOA CITY PROJECT NO.00947 Citeject No. 00946: Bideker Avenue, Bright Street &Burton Water $ 0.00 Sewer $ 0.00 Paving & Drainage $ 1,100.00 TOTAL $ 1,100.00 City Project No. 00947: Avenue M, Ed�ewood Terrace South &Valley Vista Drive Water $ 0.00 Sewer $ 0.00 Paving & Drainage $ 4,859.00 TOTAL $ 4,859.00 Total Water $ 0.00 Total Sewer $ 0.00 Total Paving & Drainage $ 59959.00 GRAND TOTAL $ 5,959.00 G:\1210\4397-32\ADMIN\AGREEMENT\SA4\4397 EXHIBIT B-4 SA#4.DOC ]\] ()�k )?i) ( K a0 ),CL 2; )- 7 (§ CA < k L q$ ® 2 � w` ) }m \ §/ 22 Of LU /ku §\) K o)» 0/ f " 0) q FL)a \ k)�co co 0 6 } )�R K ) }§U cs ) ( % § } §K2 K _, mw gkw� ( ° ° §kJ �ul§§ § re }) co f _zzM (0 zQ(3a w�° lu unto u 0 vi ILCN , )(� k� 20z «m( r� § ] / « § F 1331 A V\ 11rt Freeway Suite 410 CONSULTANTS, L.L.C. Euless, Texas 76040 ENGINEERS 1 I 1 SURVEYORS PLANNERS335m9955 AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: CFW 2005 CIP Program Council District 5 Bideker St. ROW Acquisition Lot Survey - Englewood Heights Add., Block 21, Lot 6 PROJECT No.: 080044 CLIENT: Dannenbaum Engineering Corp. CONTACT: Curtis Caldwell ADDRESS: 6421 Camp Bowie Blvd. Suite 400 Fort Worth, TX 76116 SCOPE: Provide a Lot Survey of Lot 6, Block 21, Englewood Heights Add. (also know as 3417 Bideker Ave.) in the City of Fort Worth. DELIVERABLES: A signed and sealed map of survey. COMPENSATION: $1,000.00 Any extra services not included within the Scope of Work, will be billed hourly per Exhibit "B" -Hourly Rate Schedule. Services covered by this authorization shall be pertormed In accordance with PROVISIONS stated on the attached form. Approved for CLIENT By: Title: Date: Accepted for A.N.A. Consultants, L.L.0 . By: Kevin Wendell, RPLS Title: Director of Survey Date: November 11. 2010 CLIENT SATISFACTION /S OUR BUSINESS AN EXHIBIT `B' Hourly Rate Schedule Work Title Hourly Rate Principal7t $185.00 Controller $165000 Senior Associate $150000 Engineer/Associate $125.00 Surveyor/Associate $166000 Engineer Intern/Jr. Associate $95.00 Crew Coordinator $95.00 Geo-S atial Technician $70.00 2-Man Survey Crew $130.00 GPS Survey Crew $160.00 Specification Writer $60.00 Re roductlon $30.00 Word Processor / Secrete $38.00 Any extra work that is not in the Scope of Work, the Consultant fees will be based on the above hourly rates schedule, 2 A. PROVISIONS AUTHORIZATION TO PROCEED Signing thisform shall be construed as authorization by CLIENTforA.N.A. to proceed with the work, unless otherwise provided for in the authorization. LA80R COSTS A.N.A.'s Labor Cost shall be the amount of salaries paid A.N.A.'s employees for the work performed on CLIENTS Project plus a stipulated percentage of such salaries to cover all payroll -related taxes, payments, premiums, and benefits. DIRECT EXPENSES A.N.A's Direct Expense shall be those costs incurred on or directly forthe CLIENT'S Project including but not limited to necessary transportation costs including mileage at A.N.A.'s current rate when its automobiles are used, and the project is in part or in whole beyond a 75 mile radius of A.N.As' Corporate Offices, meals and lodging, laboratory test and analyses, computer services, wont processing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when furnished by A.N.A. Consultants, L.L.C. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by the CLIENT, an additional amount of 10%shali be added to the cost of these services for AMA's administrative cost. COST ESTIMATES Any cost estimates provided by A.N.A. will be on a basis of experience and judgement, but since it has no control over marital conditions or bidding procedures A.N.A. cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. PROFESSIONAL STANDARDS A.N.A. shall perform its professional services pursuant to the standard of care which would be applied by a reasonable and prudent registered professional engineer in the State of Texas providing services under the same or similar scope of service for the same or similar types of projects. WARRANTY A.N.A.'s services are professional services limited to the exercise of Judgment and the rendering of advice and opinions and, as such, A.N.A. makes no warranty, express or implied. TERMINATION Either CLIENT or A.N.A. may terminate this authorization bygiving 30 days written notice to the other party. In such event CLIENT shall forthwith pay A.N.A. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. All claims, disputes, and other matters in question arising out of, or relating to, this Authorization or the breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration Assoclation then obtaining. Either CLIENT or A.N.A. may Initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration arising out of , or relating to this Authorization may include, by consolidation, joinder,or in any other manner, any additional party not a party to this Authorization. LEGAL EXPENSES In the event legal action Is brought by CLIENT or A.N.A. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, cost and expenses as may be set by the court. PAYMENT TO A.N.A., L.L.C. Monthly invoices will be issued by A.N.A. for all work performed under the terms of this agreement Invoices are due and payable on receipt. Interest at the rate of 1.5% per month will be charged on all pastmdue amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. LIMITATION OF LIAEILITY A.N.A.'s liability to the CLIENT for any cause or combination of causes is In the aggregate, limited to an amount no greater than the fee earned under this agreement. ADDITIONAL SERVICES Services in addition to those specified in Scope will be provided by A.N.A. If authorized in writing by CLIENT. Additional services will be paid for by CLIENT as indicated in attached Basis of Compensation or as negotiated. SALES TAX in accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales taxis o included in the above proposed fee. Sales tax at an applicable rate will be indicated on Invoice statements. SURVEYING SERVICES in accordance with the Professional Land Surveying Practices Act of 19899 the client is informed that any complaints about surveying servIces may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452-9427. In case any one or more of the provisions contained in this Agreemerrt shall be held Illegal, the enforceablllty of the remaining provisions contained heroin shall not be impaired thereby. 3 Page 1 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/16/2008 DATE: Tuesday, September 16, 2008 LOG NAME: 302007CODIST5 REFERENCE NO.: C-23050 SUBJECT: Authorize Execution of an Engineering Agreement in the Amount of $451,313.00 with Dannenbaum Engineering Corporation, for Pavement Reconstruction and Water and Sanitary Sewer Main Replacements on 5A—Bideker Avenue, Bright Street and Burton Avenue; 56-Avenue M, Edgewood Terrace South and Valley Vista Drive; 5C-Capers Avenue, Osborne Lane, Ramson Terrace and Plant Avenue (Project Nos. 5A-00946, 5B-00947, 5C-00950) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Dannenbaum Engineering Corporation, in the amount of $451,313.00 for pavement reconstruction and water and sanitary sewer main replacements on 5A—Bideker Avenue, Bright Street and Burton Avenue; 56-Avenue M, Edgewood Terrace South and Valley Vista Drive; 5C-Capers Avenue, Osborne Lane, Ramson Terrace and Plant Avenue (Project Nos. 5A-00946, 58-00947, 5C-00950). DISCUSSION: On March 6, 2007, M&C G-15621 the City Council authorized the sale of $42,325,000.00 in Certificates of Obligation for the purpose of funding part of the Critical Capital Needs Program. That amount included funds for pavement reconstruction on the following streets: Street Limit Bideker Avenue Martin Luther King Freeway to Bishop Street Bright Street East Berry Street to Reed Street Burton Avenue Vaughn Boulevard to Campbell Street Avenue M Miller Avenue to South Hughes Avenue Edgewood Terrace South Judy Lane to Hampshire Boulevard Valley Vista Drive 100 Feet South of Highway 10 to East Hurst (Highway 10) Capers Avenue Stalcup Road to Farrell Lane Osborne Lane South Hampshire Boulevard to Old Handley Road Ramson Terrace Maceo Lane to Truman Drive Plant Avenue Craig Street to Cravens Road Dannenbaum Engineering Corporation proposes to perform the necessary design work for a lump sum fee of $451,313.00. City Staff considers this fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $192,209.02: 5A: water; $25,550.00 sewer; $10,950.00 and streets; $56,812.26; rttp://apps. cfwnet. org/ecouncil/printmc. asp?id=10041 &print=true&DocTvne=Print Page 2 of 3 5B: water; $16,060.00 sewer; $10,950.00 and streets; $28,707.26; 5C: water; $10,950.00 sewer; $10,950.00 and streets; $21,279.50 is required for project management by the Engineering Department. M/WBE — Dannenbaum Engineering Corporation is in compliance with the City's M/WBE Ordinance by committing to 26 percent M/WBE participation. The City's goal on this project is 24 percent. This project is located in COUNCIL DISTRICT 5, Mapsco, 54W. 78R, 78S, 78T, 78U, 79E, 79L, 79M, 79Q and 79R. FISCAL INFORMATION /CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Water Capital Projects Fund, the Sewer Capital Projects Fund and the 2007 Critical Capital Program Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P275 531200 705170094633 P275 531200 705170094733 P275 531200 705170095033 P265 531200 605170094733 P275 531200 705170094631 P275 531200 705170094751 P265 531200 605170095033 P275 531200 705170094651 P275 531200 705170094731 P275 531200 705170095051 P265 531200 605170094751 P275 531200 705170095031 P275 531200 705170094632 P265 531200 605170094633 C295 531200 205400094733 P265 531200 605170095051 C295 531200 205400094751 P265 531200 605170094731 P265 531200 605170095031 P275 531200 705170094732 P275 531200 705170095032 C295 531200 205400095033 C295 531200 205400095051 P265 531200 605170094732 C295 531200 205400094633 722.00 1 150.00 1 265.00 2 129.00 2 166.00 2 251.00 2 278.00 2 372.00 3 448.00 3 541.00 3 687.00 3 793.00 4 333.00 4 942.00 5 238.00 5 871.00 5 938.00 6 386.00 6 834.00 6 898.00 7 588.00 7 900.00 9 412.00 $12, 774.00 $13, 008.00 ittp://apps.cfwnet.org/ecouncil/printmc.asp?id=10041 &print=true&DocType=Print 12/9/2010 Page 3 of 3 CERTIFICATIONS: Submitted for City Manag_er's Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 302007CODIST5-1.pdf (Public) 2. 302007CODISTS-2.pdf (Public) 3. 302007CODISTS-3.pdf (Public) P265 531200 605170095032 P265 531200 605170094651 P265 531200 605170094631 C295 531200 205400094731 C295 531200 205400094651 C295 531200 205400095031 P265 531200 605170094632 C295 531200 205400094732 C295 531200 205400094631 C295 531200 205400095032 C295 531200 205400094632 Fernando Costa (8476) A. Douglas Rademaker (6157) Dena Johnson (7866) $13,669.00 $14,000.00 $15.606.00 $15,712.00 $17,150.00 $23.700.00 $29,654.00 $31,426.00 $39,024.00 $47.401.00 $78,047.00 ittp://apps.cfwnet.org/ecouncil/printmc.asp?id=10041 &print=true&DocType=Print 12/9/2010