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HomeMy WebLinkAboutContract 26419 CITY SECRETARY U I CITY OF FORT WORTH, TEXAS CONTRACT Nd. STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Garcia and Associates, Engineering, Inc. (the "ENGINEER"), for a PROJECT generally described as: Risinger Road-Southside 11 Water Transmission Main. 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) Monthly invoices will be issued by the ENGINEER 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 seven (7) days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. in the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. - --- _ ',,) c el PENN 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. -2- +��u:��"A PECOM E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market rj0�tif�� irk SIA conditions; time or qualify of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. i. Minority and Woman Business Enterprise (M/WBE) participation In accord with City of Fort Worth Ordinance No. 11923, 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 (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 -4- 0FV1 cO 6:\1 � D CN TV, c"E( Geo K,--�r'IH9 YEN. 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 photo copy 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 which are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease- policy limit $100,000 disease -each employee Professional Liability $1,000,000 each claim/annual aggregate (2) Certificates of insurance evidencing that the ENGINEER has obtained all tifV CLI ° PY 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 coverages specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation, non-renewal or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non- payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self insured retentions, affecting insurance required herein may be acceptable to the CITY at 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. (1) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless such are approved by the CITY. L; a i[l.,rH2 �EAo (j) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided the ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (1) All insurance required in section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When insurance coverage is maintained by subconsultants, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal 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 which 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. FTo ;)Lll�lV(Hj 9 7ao 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 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 R. required by the CITY in a timely manner in accordance with the project schedule in Attachment D. 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 and Indemnfication (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess or collect any tax to fund this indemnification. (2) The indemnification and release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER'S negligence or if such hazardous substance, contaminant or asbestos is brought onto the PROJECT by ENGINEER. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractors 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 -9- V'��J�C�v°'� Q�IS�ClVU1© ���ti' [� CGsQ R9 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/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article 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, _10- ONRINAL EEC 000 (CST ��EC_P 6 PVIV R. WOG'1HI V��. 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 final designs, drawings, specifications and documents shall be owned by the CITY. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with five (5) days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S worst product; b) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; C) The time requirements for the ENGINEER'S personnel to document the work underway at the time the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties means 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 -12- "NrY NC-ESPY NVY, )F;,VM VreM 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 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. QkRNA PECOR© 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 ATTEST: CITY OF FORT WORTH Gloria Pearson /J2-/-oD Mike Groomer City Secretary Assistant City Manager APPROVED Contract Authorization A � i�r...a. A. Douglas Rademaker, P.E. Date Director, Engineering Department APPROVED AS TO FORM AND LEGALITY Garcia & Asociates Engineering, Inc. Griener Woodward Clyde ENGINEER -�i Assistant ity Attorney Don M. Treude, P.E. Vice President A:1EPA SVA °`L UccoED CNN N(NORY RK 111 U U6We ATTACHMENT "A" General Scope of 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." GENERAL 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) Geotechnical Investigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the Orv�I -11 Q o �`H YLDe 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. S) 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- OR= '-If 110` �II`�'111411�.pL']Y'JO 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 Engineers recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and watertwastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE Z 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. ' )FRIC"O'l WOO W -3 ���_0rf l E((::G1[�Q � ()Y 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. Epp �1 ° :�� pL�r 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. OFECIAL MIMED -s- C11U U,NUM, Ply EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") DESIGN SERVICES: WATER TRANSMISSION MAIN The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes engineering services for water and sanitary sewer line replacements for the following: Risinger Road - Southside II Water Transmission Main (Crowley Rd. to McCart Ave. Pump Station & Elevated Ground Storage Tank) Upon receipt of Notice to Proceed, the ENGINEER will perform the following tasks: PART A- PRE-ENGINEERING 1. Initial Data Collection a. Pre-Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated. These include the following: One (1) pre-design kick-off meeting, (including the City's Department of Engineering and other departments that will be impacted by the project). One (1) review meeting at completion of the CITY'S review of the conceptual engineering plans. b. Data Collection 1. 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 private utilities, City water and sanitary sewer maintenance records and property ownership. P.\1995978R01FMContmcl\SWplemenlal Scope of Se cea Coc EA1-1 - 2. ENGINEER shall coordinate the design of this project with the design of the McCart Ave. Pump Station & Elevated Ground Storage Tank. ENGINEER shall perform a hydraulic modeling analysis of the Southside II Pressure Plane to determine the appropriate size requirements for the new water transmission main. Results of the analysis with recommendations shall be included in the Conceptual Engineering Plan. C. Coordination with Other Agencies During the concept phase the CITY shall coordinate the proposed improvements with all private utilities. ENGINEER shall coordinate the proposed improvements with other consultants doing similar work in the area, TXDOT and Railroad Companies. These entities shall also be contacted, if applicable, to determine plans for any proposed facilities or anticipated adjustments to existing facilities within the project limits. The information obtained shall be shown in the Conceptual Engineering Plan. The ENGINEER shall show the location of the existing utility lines and proposed improvements within the project limits. ENGINEER shall complete permit applications required by TXDOT and Railroad Companies. CITY shall be responsible for executing these permit applications. 2. Monthly Progress Report a. 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. Conceptual Engineering i. Surveys for Design a. ENGINEER will perform field surveys to collect horizontal control, vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim and invert elevations, location of surface features of underground utilities, structures and other above ground features relevant to the final plan sheets. P:1199597BR01FWtContracr,Supp4emental Scope a San Keatloc Ea,-2 r, �, b. ENGINEER Will Provide the Following Information: All plans, field notes, plats, maps, legal descriptions and other specified documents prepared in conjunction with the requested services shall be provided in a digital format compatible with the electronic data collection and computer aided design and drafting software currently in use by the Department of Engineering. All text data, such as plan and profile, legal descriptions, coordinate files, etc., shall be provided in the American Standard Code for Information Interchange (ASCII) format. All drawing files shall be provided in MICROSTATION (DGN), or as otherwise approved in writing by the CITY. All data collected and generated during the course of the project shall become the property of the CITY. The minimum survey information to be provided on the plans shall include the following: 1. A Project Control Sheet, showing ALL Control Points, used or set while gathering data on a scale of not less than i"=400'. 2. Information about each Control Point; a. Specify as existing or set and type as City Monument #, PK Nail, 5/8" Iron Rod, etc. b. X, Y and Z Coordinates in an identified coordinate system and a referenced origin point. Z coordinate will be based upon CITY Datum only. C. Descriptive Location (Example: "X" set in the centerline of a curb inlet in the South curb line of Northside Drive at the East end of radius at the Southeast corner of Northside Drive and North Main Street). 3. Coordinates on all Points of Curvature (PC's), Points of Tangency (PT's), Points of Intersection (PI's), Manholes, Valves, etc., based upon the same origin point. 4. No less than two (2) horizontal control points per plan/profile sheet. P1199S97BROtFW\CarhachSrgple ental Scope of Se kr We EA1-3 01MCM MOND r 0�p1��} ECUO� RY ex 5. No less than one (1) benchmark (City Monument) per plan/profile sheet. Benchmark should be the closest available monument to the project. ii. Public Notification Prior to conducting design survey, ENGINEER will notify affected residents within the project limits in writing. The notification letter shall be on company letterhead and shall include the following: Project Name and Project Limits City Project No. D.O.E. No. ENGINEER'S Project Manager's Name and Phone No. Scope of Survey Work Design Survey Schedule The letter will be reviewed and approved by the CITY prior to distribution. iii. Conceptual Engineering Plan Submittal a. Conceptual Engineering Plan shall be submitted to CITY 60 days after Notice to Proceed Letter is issued. b. The ENGINEER shall furnish to CITY four (4) copies of the Phase 1 - Conceptual Engineering Plan which will include; a layout of the proposed improvements, anticipated right-of-way requirements, permitting requirements, a hydraulic modeling analysis of the Southside II Pressure Plane, recommendation of proposed water transmission main alignment and size and an preliminary opinion of probable construction cost. The ENGINEER shall also identify any existing utility conflicts that will impact the proposed improvements. 2. Preliminary Engineering Upon approval of the Conceptual Engineering Plan, ENGINEER will prepare construction plans depicting the following information: a. Preliminary plan and profile sheets will identify: P1199S97BROtFW\C lracnSipptemental Scope d Services Coc EA1-4 _ r, Existing Pavement Material and Limits Curb Lines Driveways Medians Sidewalks Valley Gutters Parking Areas b. Ground profile grades and elevations along centerline of proposed water transmission main. Existing found property corners (e.g. iron rods) along the proposed alignment. Profiles of existing and proposed paving, private utilities, storm sewers, water and sanitary sewer lines. C. Existing utilities and utility easements will be shown on the plan and profile sheets. ENGINEER will coordinate with the CITY to ascertain what, if any, future improvements are planned for private utilities that may impact the project. d. A detail will be provided for existing utilities that will require adjustment due to the proposed water transmission main. e. Proposed plan/profile sheets will utilize a standard City of Fort Worth construction legend. Adequate horizontal and vertical control shall be provided on the plan sheets to facilitate locating all proposed and existing facilities. Ownership, address, lot number, block number, addition name and any other relevant property information will be provided in the plan view. f. Plan and profile sheets shall have a horizontal scale of 1" = 40' and a vertical scale of i" = 4'. Profiles shall indicate stationing, pipe material, all fittings, vertical angles, connections to existing water lines, utility crossings and any other pertinent datum and elevations. g. Right of Way Research The ENGINEER will conduct preliminary research for availability of existing right-of-way and easements where open-cut construction is probable. Upon CITY approval of the proposed alignment, the CITY will authorize the ENGINEER to prepare permanent utility easements, as required. P:%1995978ROtFWtCotV f%SWPla wial Scope of Sanr We EA1-5 h. Right of Way/Easement Preparation and Submittal Preparation and submittal of easement documents will be in conformance with "Submittal of Information to Real Property Division for Acquisition of Property', latest revision. I. Utility Clearance Phase The ENGINEER will consult with the City's Water Department, Department of Engineering, and other City departments, public utilities, private utilities and governmental agencies to determine the approximate location of above and underground utilities that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities. The ENGINEER shall submit a minimum of 13 sets of approved preliminary construction plans to the City of Fort Worth - Department of Engineering - Consultant Services - Utility Coordinator. The CITY'S Utility Coordinator will distribute plans to all utility companies, which have facilities within the project limits. j. Preliminary Construction Plan Submittal i. Preliminary construction plans, specifications and easement documents shall be submitted to CITY 120 days after CITY approval of Conceptual Engineering Plan. ii. The ENGINEER shall deliver two (2) sets of preliminary construction plans, two (2) sets of contract documents and specifications and three (3) original signed copies of the easement documents to CITY for review. Generally, plan sheets shall be organized as follows: Cover Sheet Project Layout, Control Points & Coordinates Easement Information General Construction Notes & Legend Plan & Profile Sheets Special Details (If applicable) P%1995978R01cMcavramswpem«"soop.d S«ricea doc EA1-6 iii. The preliminary plan submittal shall include a quantity takeoff and an engineer's opinion of probable construction cost. ENGINEER shall assist CITY in selecting the most feasible and/or economical solution(s) to be pursued. k. Review Meetings with CITY The ENGINEER shall attend one (1) meeting with CITY to discuss review comments regarding the preliminary design submittal. The CITY shall direct the ENGINEER, in writing, to proceed with Final Design for Final - Review. 3. Final Engineering Plan Submittal a. Final Construction Plans, Contract Documents and Spec'rfications shall be submitted to CITY 45 days after Notice to Proceed with Final Design for Final Review is received by ENGINEER. Following CITY submittal of Notice to Proceed with Final Design for Final Review, the ENGINEER shall prepare final plans, specifications and contract documents for CITY (each sheet shall be sealed, dated and signed by the ENGINEER) and submit two (2) sets of plans and contract documents within 45 days of CITY'S final approval. Plan sets shall be used for Part C activities. b. ENGINEER'S Opinion of Probable Construction Cost The ENGINEER shall submit a final opinion of probable construction cost with the final plans, contract documents and specifications. PART C- PRE-CONSTRUCTION ASSISTANCE Administration a. Bid Documents Submittal The ENGINEER will make available for bidding, upon request by the CITY, up to forty (40) sets of the final approved, sealed, dated and signed plans, specifications and contract documents for the project to the CITY for P1199S978R01P1MCMracl%Supplemental Scope of Se tcea0oc Cary�E ,IM MV distribution to potential bidders. The bid proposal will be provided in electronic format. b. Bidding Assistance The ENGINEER shall assist the CITY during the bidding phase by preparing and distributing addenda and responding to questions submitted to the DOE by prospective bidders. ENGINEER shall attend the scheduled pre-bid conference, if required. The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening(s), develop bid tabulations (in hard copy and electronic format) and submit four (4) copies of the bid tabulation to CITY. The ENGINEER shall attend the pre- construction conference for the project. PART D - ASSISTANCE DURING CONSTRUCTION (ADDITIONAL SERVICE) CONSTRUCTION STAKING, SHOP DRAWING REVIEW & CHANGE ORDERS At the CITY'S option, the ENGINEER will perform construction staking, shop drawing review and change order preparation on this Project. The Construction Staking will be performed according to City of Fort Worth Department of Engineering Construction Surveying Standards. Compensation for these Additional Services will be negotiated at the ENGINEER'S hourly rate currently in effect at the time such services are requested. P.k199S978R01FMCon1racASup>1em tat Scope d Sen—doc EA1-8 CNN'M Q17 �➢ �C�3o ATTACHMENT "B" COMPENSATION AND SCHEDULE Risinger Road - Southside 11 Water Transmission Main (Crowley Rd. to McCart Ave. Pump Station & Elevated Ground Storage Tank) I. Compensation A. The Engineer shall be compensated a total lump sum fee of $143,878.75 as summarized in Exhibit "13-313". Payment of the total lump sum fee shall be considered full compensation for the services described in Exhibit "A- 1"for all labor materials, supplies and equipment necessary to complete the project. B. The Engineer shall be paid in partial payments as described in Exhibit "B- 1", Section 1 - Method of Payment. II. Schedule Upon receipt of the Notice to Proceed the ENGINEER shall complete the Project in 225 days as follows: A. Conceptual Engineering Plan - 60 days B. Preliminary Engineering Plans - 120 days C. Final Engineering Plans - 45 days Note: Duration is calendar days. P:\199597BR01FlMContract\Compensation&Schedule.doc �! y gf rJ( L i.IUY ILS?IIIY/ENI IW�JU EXHIBIT "B-1" (SUPPLEMENT TO ATTACHMENT B) METHOD OF PAYMENT Risinger Road -Southside I!Water Transmission Main (Crowley Rd.to McCart Ave. Pump Station & Elevated Ground Storage Tank) I. Method of Payment The ENGINEER shall be paid in accordance with Article III, Terms of Payment, Section A, Invoice and Payment. Conceptual Engineering Plan Submittal, which shall be equivalent of up to 40% of the total lump sum fee, shall be payable after City approval of Exhibit A-1, Part .B, Section 1, Conceptual Engineering Plan Submittal. Preliminary Engineering Plan Submittal, which shall be equivalent of up to 80% of the total lump sum fee, less previous payments, shall be payable after City approval of Exhibit A-1, Part B, Section 2, Preliminary Engineering Plan Submittal. Final Engineering Plan Submittal, which shall be equivalent of up to 95% of the total lump sum fee, less previous payments, shall be payable after City approval of Exhibit A-1, Part B, Section 3, Final Engineering Plan Submittal. Pre-construction Assistance, which shall represent the balance of earnings, less previous payments, shall be payable after the Pre-construction meeting for the Project has been conducted. il. Progress Report A. The ENGINEER shall submit to the designated representative of the Director of Department of Engineering monthly progress reports covering all phases of design by the 15th of every month in the format required by the City. B. if the ENGINEER determines in the course of making design drawings and specifications that the construction cost estimate of $1,710,000.00 will be exceeded, whether by change in the scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City's Director of the Department of Engineering and, if so instructed by the Director of the Engineering Department, shall suspend all work hereunder. PA199597BR01 FPNContractWetftod of Payment.doc E61-1 EXHIBIT "B-2" (SUPPLEMENT TO ATTACHMENT "B") GARCIA & ASSOCIATES ENGINEERING, INC. HOURLY RATE SCHEDULE BY POSITION FOR 2000 EMPLOYEE CLASSIFICATION HOURLY RATE HOURLY RATE AVERAGE LOW HIGH RATE Principal In Charge $35.00 $60.00 $45.00 Associate $30.00 $50.00 $38.00 Project Manager $20.00 $40.00 $30.00 Project Engineer $20.00 $35.00 $24.00 Engineering Technician $15.00 $30.00 $18.00 Senior Technician $15.00 $25.00 $20.50 CADD Technician $10.00 $20.00 $15.00 2-Man Survey Crew $70.00 $85.00 $75.00 3-Man Survey Crew $80.00 $100.00 $90.00 4-Man Survey Crew $90.00 $120.00 $105.00 Clerical $9.00 $15.00 $11.00 Note: All average hourly rates shown above will be billed based upon a multiplier of 2.83. Any additional work requested by the Client,that is not part of the Scope of Work,will be billed as Additional Services to the original contract, in accordance with current hourly rates. Hourly rates may change from the time of execution of the Contract to the time that the Additional Services are requested by the Client,therefore current hourly rates will apply. cuG?�P:\I99597BR0IFW\CuntractUiuur1Rate Schedule'_OOO.duc I 4 EB2-1 EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT "B") SUMMARY OF TOTAL PROJECT FEES M/WBE% TOTAL FEE %TOTAL FEE M/WBE FEE TOTAL FEE DESCRIPTION OF ITEM TOTAL PROJECT $143,878.75 100% $28,T75.75 20.0% DESIGN/CADD $105,470.75 73.31% $0.00 0.00% SURVEY $24,020.00 16.699/ $24,020.00 16.69% DIRECT EXPENSES&COORDINATION $14,388.00 10.00% $4,755.75 3.31 %OF M/WBE SUB-CONSULTANTS SERVICES FEE TOTAL FEE A.N.A.CONSULTANTS,L.L.C. SURVEYING $24,020.00 16.69% HUGO TREVINO&ASSOCIATES,INC. REPRODUCTION AND PRINTING $4,755.75 3.31% TOTAL M/WBE PARTICIPATION $28,775.75 20.0% P:1199597BRO1FVAContract%Summary of Total Project Fees.doc (� EB3A-1 �r 'rti �+Ic�IPJo ��o EXHIBIT "13-36" (SUPPLEMENT TO ATTACHMENT "B") PRE-SUMMARY OF TOTAL PROJECT FEES DESCRIPTION OF ITEM QUANTITY UNIT UNIT VALUE TOTAL VALUE Engineer's Opinion of Probable Construction Cost $1,710,000.00 TSPE Curve"B": %of Construction Cost x 0.85 5.80 % 0.85 4.93% Basic Engineering Design Fee 4.93 % $1,710,000.00 $84,303.00 Special Services Fee 100 % $54,820.00 $54,820.00 Reproduction Services Fee 100 % $4,755.75 $4,755.75 TOTAL FEE $143,878.75 P:V199597BR01 FWVContract\Pre-summary o1 Total Project Fees.doc C�rll �� rrxpy��1�, 5� EM-1 R W0"Im, U DA'. EXHIBIT "B-3C" (SUPPLEMENT TO ATTACHMENT "B") BREAKDOWN OF SPECIAL SERVICES REPRODUCTION SERVICES DESCRIPTION OF ITEM OTY UNIT UNIT COST TOTAL COST Special Services • Design Survey 7,770 Linear Feet $2.85 $22,145.00 • Hydraulic Modeling of Southside II Pressure Plane 1 Lump Sum $29,800.00 $29,800.00 • Permanent Utility Easement 5 Parcel $375.00 $1,875.00 • Permitting 2 Each $500.00 $1.000.00 $54,820.00 Reimbursable Expenses • Reproduction and Printing 1 Lump Sum $4,755.75 $4,755.75 TOTAL $59,575.75 PAI99597BROI FVAContracMost Breakdown of Servlces.doc E133C-1 EXHIBIT "13-313" (SUPPLEMENT TO ATTACHMENT "B") SCOPE OF WORK FOR COMPUTER MODELING AND ESTIMATED COST TO PERFORM SUBCONSULTANT- FREESE and NICHOLS, INC. ("SEE ATTACHED PROPOSAL") Risinger Road-Southside II Water Transmission Main (Crowley Rd.to McCart Ave. Pump Station & Elevated Ground Storage Tank) CNN EB3D-1 Frr&:)i� m M. including major wholesale customers such as Bethesda WSC, Burleson and Crowley 7. Freese and Nichols will utilize the model to evaluate Southside II water system improvements needed to supply the new transmission line and the McCart Pump Station based upon the future 2010 and 2020 water demands. 8. Freese and Nichols will evaluate how the McCart Tank will operate with other elevated storage facilities in the Southside H pressure plane under maximum day and peak hour operating conditions. 9. Freese and Nichols will evaluate what Southside H system improvements are pressure plane modifications are necessary to improve low pressure areas along I-35. 10. Freese and Nichols will prepare a memorandum on the modeling results describing calibration process, modeling process and recommended Southside H water system improvements. 11. Freese and Nichols will meet with the City to discuss modeling results and memorandum recommendations for the Southside II pressure plane. Freese and Nichols will incorporate City of Fort Worth's comments and finalize Southside H computer modeling memorandum. Freese and Nichols has estimated that the engineering cost to perform the above scope of services is $29,800 as described and broken down in Attachment A. The required project schedule for Freese and Nichols to perform the hydraulic analysis as described above is 75 days from the notice to proceed. It is our understanding that we will be acting as a subconsultant to Garcia&Associates on this project, and that after acceptance of an engineering contract with the City of Fort Worth,Garcia & Associates will execute a subconsultant contract with Freese and Nichols. If you or the City of Fort Worth has any questions regarding the scope of services please don't hesitate to call me at(817) 735-7238. 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STANDARD FORM OF AGREEMENT, Article IV-Obligations of the Engineer, Part G. Construction Progress Payments Part G is hereby deleted in its entirety. II. STANDARD FORM OF AGREEMENT, Article VII-Attachments, Schedules, and Signatures The last sentence of the first paragraph of this Article, which begins "The following attachments and schedules...", is hereby replaced in its entirety with the following: "The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment"A"-General Scope of Services Exhibit"A-1"-Supplemental Scope of Services Attachment"B"-Compensation and Schedule Exhibit"13-1"-Method of Payment Exhibit"B-2"-Garcia &Associates Engineering, Inc. Hourly Rate Schedule Exhibit"13-3A"-Summary of Total Project Fees Exhibit"13-36"-Pre-Summary of Total Project Fees Exhibit"B-3C"-Breakdown of Special Services & Reproduction Services Exhibit "B-3D"-Scope of Work for Computer Modeling and Estimated Cost to Perform Exhibit "B-4"-Engineer's Opinion of Probable Construction Cost Exhibit "C"-Changes and Amendments to Standard Agreement and Attachment "A" Exhibit"D"-Area Map of Project Location Mayor and Council Communication" III. ATTACHMENT"A"-General Scope of Services a. GENERAL, Part 1) Preliminary Conference with City Total number of preliminary conferences, or pre-design coordination meetings, shall be two (2) as stated in Exhibit"A-1", Part A.1.a. b. GENERAL, Part 4) Agreements and Permits Engineer will prepare a total of two (2) permit applications to agencies such as the Texas Department of Transportation (TxDOT) or the applicable railroad, but not including the Corps of Engineers. Engineer's services shall include permit application only and shall not include negotiations and coordination to obtain approval or the revisions of plans or other contract documents to reflect comments obtained from any such agencies. Geo 4��:.:,t���F • , EC-1 ""�` c. GENERAL, Part 5) Design Changes Relating to Permitting Authorities This part is hereby replaced in its entirety with the following: "If permitting authorities require design changes, 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." d. GENERAL, Part 10) Conceptual Plans The second sentence of this part, which begins "For all submittals, the Engineer shall submit...", is hereby replaced in its entirety with the following: "For all submittals, the Engineer shall submit plans and documents for water facilities." e. PHASE 1, Part 7) Right-of-Way, Easement and Land Acquisition Needs This part is hereby replaced in its entirety with the following: "The Engineer shall determine the easement needs for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary easement descriptions for acquiring the easements for up to five (5) parcels for the construction of this project. Sketches and easement descriptions are to be presented in a form suitable for direct use by the Department of Engineering in obtaining easements. All materials shall be furnished on the appropriate City forms in a minimum of four (4)copies each." f. PHASE 1, Part 9) Utility Coordination The final sentence of this part, which begins "The Engineer shall also evaluate the phasing...", is hereby deleted in its entirety. g. PHASE 2, Part 11) Design Data This part is hereby replaced in its entirety with the following: "The Engineer shall provide all requested design data, reports, cross-sections, profiles, and preliminary opinions of probable construction cost as applicable." h. PHASE 2, Part 12) Preliminary Construction Plans and Technical Specifications The first sentence of this part, which begins `The Engineer shall submit twenty (20)copies of Phase 2...", is hereby replaced in its entirety with the following: "The Engineer shall submit fifteen (15) copies of Phase 2 preliminary construction plans and two (2) 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." i. PHASE 3, Part 13) Final Construction Plans This part is hereby replaced in its entirety with the following: 11: EC-2 "The Engineer shall furnish two (2) copies of the final construction plans and contract specifications for review by the City." j. PHASE 4, Part 16) Final Approved Construction Plans The first sentence of this part, which begins "The Engineer shall furnish 45 bound copies of Phase 4...", is hereby replaced in its entirety with the following: "The Engineer shall furnish forty (40) bound copies of Phase 4 final approved construction plans and contract specifications." k. PHASE 5, Parts 21)through 26) These parts are hereby deleted in their entirety. CC� © EC-3 - ��p �,� oaoaa0oo,o�aoa0ca�aaooa0o0 000a6a��a0000co0oa �d��o� oaaaaaaQ,�oaaaoaaa�®aaaaaaa.�aaaaaaaaca0a0000a�� - II i • JUN MIS 03 W4*0 INA 3, df BC�apAp�9fi�k' R88dM= bijuavilam aDID � . -- - _a000a �eaaaaaac�d aa����a®ear_M ON "IMM6 ©�8 ��e49W.i . aaooao�c� � __ •.ao�o�a��oe�aaa�Aa� ®��® ��oav �o v u � gsd� �aerr ' a�+ AWE JAM 'aa+�os.���0;�e"' rM Simon W.Freese.P.E.1900-1990 Marvin C.Nichols,P.E.18961969 FREESE•NICHOLS MEMORANDUM To: Richard Aillet, Garcia & Associates From: Thomas Haster, P. E. Freese and Nichols Re: Scope of Work for Computer Modeling for Southside II Water Main Date: January 3, 2000 We are pleased to be providing engineering services with Garcia& Associates for the City of Fort Worth new Southside H Water Transmission Line. It is our understanding that we will be performing H2ONET hydraulic computer modeling for the new Southside H Water Transmission Line and providing recommendations regarding size, length and phasing of the Southside H Water Transmission line as well as identifying other system improvements needed in the Southside II pressure plane. Described below and attached is our scope of services and estimated engineering fee for performing the Southside II computer modeling as agreed upon in the December meeting with the City of Fort Worth. Freese and Nichols Southside II Water Transmission Line Hydraulic Analysis Scope of Services 1. Following a notice to proceed, Freese and Nichols will meet with the City of Fort Worth to review scope, schedule and to obtain a copy of Fort Worth's H2ONET model for the Southside II Pressure Plane. 2. Freese and Nichols will update H2ONET model to include recent water system improvements and to represent 1999 operating conditions. 3. Freese and Nichols will meet with the City of Fort Worth Water Department to obtain SCADA data for the Southside IU Southside III pressure planes for model calibration. 4. Freese and Nichols will utilize SCADA data to calibrate the Southside 11 water system model for 1999 peak day demand conditions. 5. Freese and Nichols will utilize the Southside II calibrated H2ONET model to verify the size of the new Southside II transmission line. 6. Freese and Nichols will review future 2010 and 2020 Southside 11 Peak Day De ands City of Fort Worth, Texas 4vaffor And Council Communication DATE REFERENCE NUMBER 1 LOG NAME PAGE 10/31HOO **C-18321 30GARCIA I 1 of 1 SUBJECT AWARD OF CONTRACT TO GARCIA & ASSOCIATES ENGINEERING, INC. FOR DESIGN OF RISINGER ROAD-SOUTHSIDE II WATER TRANSMISSION MAIN RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Garcia & Associates Engineering, Inc. for a fee not to exceed $143,878.75 for the design of Risinger Road Southside II Water Transmission Main. DISCUSSION: Increasing demand in the far south area of Fort Worth has shown the need for additional capability for transferring water to the corresponding Southside III Pressure Plane, which serves that area. The Water System Master Plan (Camp, Dresser, McKee, Inc. 1989) identified the need for this project as the far south side of Fort Worth grows. The proposed 36-inch transmission main will also assist in utilizing the full future capability of the Rolling Hills Water Treatment Plant. The work to be performed under this contract includes the preparation of plans and specifications for the water transmission main. Garcia & Associates Engineering, Inc., located at 6850 Manhattan Boulevard, Suite 300, Fort Worth, proposes to perform the design work for this project for a lump sum fee of $143,878.75. Staff considers this fee to be fair and reasonable for the scope of services proposed. Garcia & Associates Engineering, Inc. is in compliance with the City's M/WBE Ordinance by committing to 20% M/WBE participation. The City's Goal on this project is 20%. This project is located in COUNCIL DISTRICT 6, Mapsco 103V, 104S and T. In addition to the contract amount, $3,000.00 is required for the plan review by the Engineering Department. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. MG J Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 CITY APPROVED Originating Department Head: Y COUNCIL w A.Douglas Rademaker 6157 (from) OCT 31 20M P160 531200 060160140020 $143,878.75 LADouglas itional Information Contact: CUTSoar*wy d Ns Rademaker 6157 City of Fort Worts,