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HomeMy WebLinkAboutContract 26471 CITY SECRETARY CITY OF FORT WORTH, TEXAS CONTRACT NO. STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Halff Associates, Inc. (the "ENGINEER"), for a PROJECT generally described as: Sanitary Sewer Main 452 Extension located in north Fort Worth, DOE No.3237. Project includes approximately 19,000 liner feet of sanitary sewer from near Basswood to just north of the Interstate 35W/State Highway 287 interchange 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 paymentin 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 CUD delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in AttachmentC. 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. "INORD IL 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 debited 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 conditions; time or qualify of performance by third parties; quali , ' e_mgriggement, �U ' ��G�� 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 wll 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 corstruction 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 CITYand 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 exert 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 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 -4- 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 $2,000,000 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 required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. G'��G9G'Dc, (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 averages 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, nor 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 bLsiness 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. Q) 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. 11 E' �'�JUe1U (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 n 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. O. Permitting Authorities-Design Changes If permitting authorities require design changes so as to comply wits 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 CRY RUSH 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 AttachmentC. 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 required by the CITY in a timely manner in accordance wish the project schedule in Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY G0�, '� 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 Indemnification (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 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 AttachmentC. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any _ such instruments of service without the written permission of the ENGINEER will be at the ClWs sole risk. The final designs, drawings, specifications and documents shall be owned by the CITY. C. Force Majeure j���?r �Crll��jl51Y'U��II �•' L U C'L:. c -10- 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 correctionof 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 work product; b) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; c) The time requirements for the ENGINEER'S personnel to document the work underway at the time the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. 1:e"I `U'CIVU PI KU°1D Cc 7 Ifo ULr"�'�Vr'�iJll9�6Wo 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 mixonduct 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 ursuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less.than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court-having jurisdiction, and will -12- 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 AGREEMENTare 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 VIA. 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. cc 07 IV IC�r PMVI< 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 n h"A B /� Gloria Pearson ��� -� h_ ) Mike Groomer AS-1 City Secretary Assistant City Manager APPROVED A. Douglas Rademaker, P.E. Director, Engineering Department APPROVED AS TO FORM AND LEGALITY Halff Associates, Inc. ENGINEER By: Assistant City Attorney Troy Ly ovel , P.E. Vice Pr ident A:\EPA �(C-- /- Contract Authorization ��cL. C0N��L'�G'� 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 specificatons 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 facili ties/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 makeborings 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 oNn cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable CNN K EM ff R V,7 VI'1'YU U 9 MI X a delays, a mutually agreeable and reasonable time extension shall be negotiated. 6) Plan Submittal Copies of the original plans shall be provided on reprodudble 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 pr(*ct 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 Cty with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights-of-way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights,-of-way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four(4) copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility liens or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. ��F�c-RL P,,E0aPDD CY IV FV -2- a 10) Conceptual Plans The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for streettstorm drain and water/Wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross-sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical spedfications 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 crostruction 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 fedaal 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. I�-�1 tl �r e • 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 substitLtion 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 equpment 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, equpment, 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. II Uo V'.���luCug uISUVo 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. CDMCIUMVIN EXHIBIT"A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT"A") PHASE I -DESIGN SERVICES: MAIN 452 SANITARY SEWER IMPROVEMENTS The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes engineering services for sanitary sewer improvements for the following: Main 452 Sanitary Sewer Improvements consisting of the extension of approximately 19,000 linear feet of 24" and 15"sanitary sewer located in north FortWorth. Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: - PART A-CONCEPTUAL DESIGN 1. Initial Data Collection a. Pre-Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated. These include the following: One (1) pre-design kick-off meeting, (including the CITY's Department of Engineering and other departments that are impacted by the project). One (1) review meeting at completion of the City's review of the conceptual engineering plans. b. Data Collection In addition to data obtained from the City, ENGNEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, property ownership as available from the Tax Assessor's office. C. Coordination with Other Agencies CU)[5 • U7��i� b'� Elk Py During the concept phase the ENGINEER shall coordinate with all utilities, ncluding utilities owned by the City, TOOT and railroads. These entities shall also be contacted if applicable, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall ke shown on the concept plans. The ENGINEER shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines within the project limits. ENGINEER shall complete all forms necessary for City to obtain permit letters from TOOT and railroads and submit such forms to the City. City shall be responsible for forwarding the forms to the affected agencies for execution. 2. Monthly Progress Report The ENGINEER shall submit a progress schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress report as required under Attachment B of the contract. 3. Corps of Engineers Section 404 Permit a. Wetland Delineation — Utilize available topographic maps, aerial photos, soil survey, etc to develop a base map of the project area. Identify and map hydric soils specific vegetation communities, 100-year flood plain and wetlands. Compile information to base map. Conduct site observations and coordinate with Corps of Engineers. Prepare a wetland delineation map. b. Section 404 Nationwide 12 Permit — Prepare documentation for Nationwide 12 Permit. Coordinate with Corps of Engineers. 4. Archaeological Survey(if necessary) a. Secure Archaeological Survey permit from the Texas Historical Commission b. Conduct records search to determine if cultural resources have been recorded in the vicinity of the proposed project. C. Conduct on-the-ground pedestrian survey of the pipeline route. Conduct about 30 shovel tests along the route. Artifacts recovered from these excavations will be analyzed and prepared for permanent curation. d. Prepare a written report to be submitted to the Texas Historical Commission (THC). Revise the report, if necessary, following review by he THC and City of Fort Worth. Submit 20 copies of the final report to the THC and 3 copies to the City of Fort 'J u'V'�' V1 L� ktIS Ujru1_L' EA1-2 mv GKN"F; I, OL, Worth. 5. Geotechnicallnvestigtion a. Field Investigation—Conduct twenty-five (25) boring to an average depth of about 15 feet. The location and depth will be determined based on the City approved alignment. b. Laboratory Investigation — Evaluate soil engineering properties and physical properties of the soil. Classify soils according to the Unified Soil Classification using classification tests. These tests will include natural moisture content, dry unit weights, and the liquid and plastic limits. The undrained sheer strengths of cohesive soils will be determined by hand penometer tests, and confirmed with unconfined compressive strength testing. Corrosion potential will also be evaluated. C. Engineering Analysis — Document the results of the field and laboratory work. Provide engineering recommendations for design and construction of proposed pipeline. PART B-CONSTRUCTION PLANS AND SPECIFICATIONS 1. Surveys for Design Information gathered during the survey shall include topographic data, elevations of all known sanitary and adjacent storm sewers, rim/invert elevations, location of known buried utilities, structures, and other features relevant to the final plan sheets. A base plan of topographic mapping and supplemental survey data shall be compiled at 1"=40' horizontal and 1"=4'vertical scale. ENGINEER will coordinate the following: a. Permission from affected property owners to survey through private property. b. Aerial photography for two-foot interval topographic mapping of a 1,000 feet wide corridor along the proposed sanitary sewer alignment. C. Field surveys to: establish horizontal and vertical control (using aerial control datum), set vertical benchmarks (reference City monumentation) along for project alignment, conduct topographic design surveys to supplement aerial topography (if necessary), stake proposed sanitary sewer centerline at all PI's, PC's, and PT's_ and at 500' intervals, and provide centerline profile at 200' intervals and at major grade breaks to verify aerial topography. �"�C01 U'� 1 d. Property deed research to obtain available copies of deeds and plats for affected properties. e. Property survey to locate the Interstate 35W ROW and properly comers. A property map (deed sketch) shall be prepared showing property lines and identifying property owners of affected parcels of land. 2. Conceptual Engineering Plan Submittal a. Conceptual plans shall be submitted to City 21 calendar days (or 15 waking days) after Notice to Proceed Letter is issued. b. The ENGINEER shall perform conceptual design of the proposed improvements and fumish four (4) copies of the Concept Engineering Plan, which includes the,_ -- alignment, flow requirements, preliminary right-of-way needs and cost estimate for the ENGINEER's recommended plan. The Concept plan shall be prepared utilizing available aerial photographs and the Tarrant Appraisal District's property map. Following approval of the alignment, the ENGINEER shall perform remaining field surveys required for final design of selected route. The ENGINEER shall also evaluate the phasing of the sanitary sewer work, and shall submit such evaluation in writing to the City as a part of the concept phase of the project. All designshall be in conformance with Fort Worth Water Department policy and procedure for processing water and sewer design. ENGINEER shall review the City's water and sewer master plan and provide a summary of findings pertaining to the proposed project. 3. Preliminary Construction Plans Upon approval of Part B, Section 2, ENGINEER will prepare preliminary construction plans as follows: a. Overall sanitary sewer layout sheets and an overall easement layout sheet(s) b. Preliminary project plans and profile sheets, utilizing 2' interval topographic mapping, which show the following: Proposed sanitary sewer plan/profile and recommended pipe size, manholes, aerial crossings, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. C. For sewer lines, pipelines schedule for point repairs, rehabilitation and replacement will be located on the base sheets prepared from survey,information gatherai under Part B, Section 2. Conflicts shall be resolved where pipelines are to be EA1-4 01 VF�CC:D A6 L GSE\U R�D U rehabilitated on the same line segment. Base sheets shall reference affected or adjacent streets. Where open-cut construction is anticipated, below and above ground utilities will be located and shown on the base sheets. d. Existing utilities and utility easements will be shown on the plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to determine if any future improvements are panned that may impact the project. e. The ENGINEER shall conduct preliminary research for availability of existing easements where open-cut construction or relocation of existing alignments is probable. Temporary and permanent easements will be approximated based on available information. Legal descriptions and plot maps will be prepared on 8.5"x14" standard sheets for all necessary temporary and permanent easements required for relief sewer construction. Descriptions shall be prepared in standard format as directed by DOE. Temporary and permanent easements shall be delineated on plan sheets. Exhibits shall be prepared. Legal descriptions shall also be prepared if needed. A total of nine (9) permanent easements and nine (9) temporary construction easements are included. The CITY will secure easements and rights-of-entry agreements as necessary. f. The ENGINEER shall make provisions for reconnecting all water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City rightof--way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. g. The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are nct already included in the D-Section of the City's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the prgect, trenchless details, and special service lateral reconnections. 4. Preliminary Construction Plan Submittal a. Preliminary plans and specifications shall be submitted to City 28 calendar days (or 20 working days) after approval of Part B, Section 2. DUP V1 M7,. b. The ENGINEER shall deliver twenty (20) sets of preliminary construction plans and two (2) sets of specifications and contract documents to CITY for review and delivery to utility companies. Generally, plan sheets shall be organized as follows: Cover Sheet Drainage Area Map and Computations Easement layout (if applicable) Plan & Profile Sheets Standard Construction Details Special Details (If applicable) C. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments fir preliminary submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. d. Public Meeting (if necessary) After the preliminary plans have been reviewed and approved by the City, ENGINEER shall prepare exhibits along with an invitation letter and attend public meeting to help explain the proposed project to residents. The CITY shall mail the invitation letters. e. The ENGINEER shall submit a preliminary estimate of probable construction cost with the preliminary plans submitted. ENGINEER shall assist City in selecting the feasible and/or economical solutions to be pursued. 5. Final Design and Final Review a. Final Construction Documents shall be submitted to CITY 21 calendar days (or 15 working days) after approval of Part B, Section 4. Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plains and specifications and contract documents to CITY (each sheet shall be stamped, dated, and signed by the ENGINEER) and submit two (2)sets of plans and construction contract documents within 15 days of.CITY's final approval. Plan sets shall be used for Part C activities. EA1-6 �J6"If'u�lli%'.r J 15�1"JileG _ 7A" C b. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shall submit a final estimate of probable constriction cost with the final plans submitted. PART C- PRE-CONSTRUCTION ASSISTANCE 1. Administration a. Deliver Bid Documents The ENGINEER will make available for bidding, upon request by the CITY, up to fifty-five (55) sets of the final approved and dated plans and specifications and contract documents for the projects to the CITY for distribution topotential bidders. EA1-7 `u'n,i �iiL'lih EXHIBIT"A-2" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT A) PHASE II -CONSTRUCTION SERVICES: MAIN 452 SANITARY SEWER IMPROVEMENTS PART A—CONSTRUCTION STAKING ENGINEER'S SURVEYOR, if directed by the City, will set control points (i.e. tie survey to permanent monument such as TPW monuments and/or property comers, one location each an beginning and end of project) for the project, these points must be intervisible. ENGINEER'S SURVEYOR shall establish a minimum of two bench marks per plan sheet (bench marks shall be located adjacent to project) and shall provide the following ,construction staking services. 1. EASEMENT STAKING: Provide an offset stake at 100 ft. intervals (50 ft. intervals in curves, if required) along the proposed easements and property lines, where applicable. 2. SANITARY SEWER STAKING: Provide an offset stake at 100 ft. intervals (50 ft. intervals in curves, if required) and at proposed manholes, points of curvature, points of tangent, and at all horizontal or vertical angle points, with a cut/fill to top of proposed manholes. Provide centerline elevation at 100' intervals and at all grade breaks in the natural ground for construction purposes and for as-built purposes. Provide location for proposed services for construction purposes and for as-built purposes (for new services only). Stake easements and property line where applicable. Line and grade shall be set to a tolerance of+/-0.01 ft. 3. "AS-STAKED RECORD OF THE CONSTRUCTION: Throughout the process of all construction, locate and record known items that do not conform with the construction plans. If additional survey work is required, beyond the initial construction staking, the engineer's surveyor shall provide the additional work at an hourly rate of$110 per hour for field crew. A drawing of the project layout with the dimension and coordinate list must be submitted. Contact Keviri Hansen, Survey Division, (817) 871-8880, for a copy of sample field notes that must be submitted. The contractor will not be allowed to proceed until all field notes have been submitted to the City inspector. The field notes must include the following information: a. For sanitary sewer mains, laterals and server services: Pipe size and type, percent of grade of sewer laterals, manhole locations, ties to property line including north/south and east/wet lines, P.C.'s, P.T.'s of P.R.C.'s, top of ground elevation and flowline elevation of each station number referenced. Cut fill documentation. 4. COORDINTION WITH CITY INSPECTOR/CONTRACTOR: Engineer's surveyor is expected to work with contractor to provide any special requests contractor may have, provided the scope of work described above is not exceeded. It is expected that a few stakes will be knocked out during dirt work. If additional re-;,� staking is required, the engineer's surveyor shall provide the additional work at EA2-1 YEN,, an hourly rate of$110 per hour for field crew. The contractor shall be responsible for paying the engineer's surveyor for this additional work. 5. SPECIAL CONDITIONS: a. The Inspector assigned to the project shall oversee all construction staking activity and shall be responsible for all field coordination. All documentation, including field notes, cut and fill notes, grades, "as- staked" information, etc., shall be provided to the Inspector and shall be sealed and signed by a surveyor licensed in the State of Texas. b. The Engineer's Surveyor shall attend the pre-construction conference. C. The Engineer's Surveyor shall stake each utility separately and (if necessary) provide construction staking in phases so the project can be constructed as designed. d. A member of the Engineer's Firm, familiar with the project, shall be available to respond to question f from the field during construction staking. PART B - PROJECT MANAGEMENT AND ADMINISTRATION SERVICES 1. BIDDING ASSISTANCE: Assist the CITY during phase including preparation and delivery of addenda to plan holders and responses to questions submitted to the DOE by prospective bidders. Engineer shall attend the scheduled pre-bid conference. The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening develop bid tabulations and submit four(4) copies of the bid tabulation. 2. ASSISTANCE DURING CONSTRUCTION: Attend the pre-construction conference for the project. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. 3. GENERAL ADMINISTRATION: Perforin general.• administrative duties associated with the project, including project progress monitoring, general correspondence, office administration, and invoicing. Theses activities include maintaining day-to-day contact and liaison with Owner, agencies, design consultants, and project staff; ensuring that the needs of Owner are met in a timely manner; providing project communications; monitoring work on the Project; and ensuring that work is executed in accordance with the work plan, within budget, and on schedule. 4. PROJECT RECORDS: Maintain the necessary project records, reports, manuals, calculations, and technical data. Maintain records of financial management data, schedules, reports, and analyses of the project. � L a. Briefings. Provide weekly briefings with Owner and/or design engineers to report on progress and status, and to discuss solutions to possible EA2-2 problems. Briefings may be in the form of written or verbal communications. b. Project Schedule. Prepare a consolidated construction schedule for the contract, based on detailed schedules provided by contractor. The consolidated project schedule will be tracked and monthly reports will be presented to the Owner. C. Project Costs. Prepare a construction cost report for the contractor, based on planned versus actual pay estimates submitted by each contractor. In addition, the contractor's invoices and payments for MBE firms will be tracked in accordance with the Owner's MBE program. 5. CONSTRUCTION PROGRESS MEETINGS: Attend and conduct monthly progress meetings with contractor during the construction period. Prepare meeting agendas and distribute meeting minutes. 6. SHOP DRAWING REVIEW: Review shop drawings submitted by contractor for compliance with the contract documents. PART C -ONSITE CONSTRUCTION SERVICES 1. Resident Representatives. Engineer will furnish Resident Project Representatives for a 125 calendar day or 90 working day continuous construction period. The Resident Project Representatives will observe the Contractor's work approximately three hours per each working day. The Resident Project Representatives shall not have responsibility for the Contractor's superintendence, safety, operation, equipment, or personnel. This service will in no way relieve the Contractor's obligation for complete compliance with the drawings, specifications and Site Safety Plan. Specific services performed by the Resident Project Representatives are as follows: a. Site Observation and Liaison with Owner and Contractors. (1) Conduct onsite observations of the general progress of the work to assist design engineer and Owner in determining if the work is proceeding in accordance with the construction contract documents. (2) Serve as Owner's liaison during Construction, working principally through the Contractor's superintendent, and providing interpretation of the construction contract documents. Transmit design engineer's clarifications and interpretations of the construction contract documents to the Contractor when warranted. _ (3) Serve as Owner's liaison with the Contractor when the Contractor's operations affect Owner's onsite operation. (4) As requested by Owner, assist in obtaining from design engineer_ additional details or information when required at the jobsite for AP proper execution of the work >zo EA2-3 (5) Report to Owner and design engineer, giving opinions and suggestions based on the Resident Project Representative's observations regarding defects or deficiencies in the Contractor's work and relating to compliance with drawings, specifications, and design concepts. (6) Advise design engineer and the Contractor or its superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been accepted by design engineer. (7) Monitor changes of apparent integrity of the site (such as possible differing subsurface and physical conditions, existing structures, and site-related utilities when such utilities are exposed) resulting from construction-related activities. (8) Review the Contractor's construction sequence and traffic control plans for construction work undertaken simultaneously. (9) Verify that the Contractor has construction sequence and traffic control plans for construction work undertaken simultaneously. (10) Visually inspect materials, equipment, and supplies delivered to the worksite. Reject materials, equipment, and supplies, which do not conform to the construction contract documents. (11) Coordinate and provide onsite materials testing services during construction. Copies of testing results will be forwarded to Owner and design engineer for review and information. (12) Observe field tests of equipment, structures, and piping, and review the resulting reports, commenting to design engineer, as appropriate. b. Meetings, Reports, and Document Review and Maintenance. (1) Attend the preconstruction conference, and assist design engineer in explaining administrative procedures, which will be followed during construction. (2) Schedule and attend monthly progress meetings, weekly briefings, and other meetings with Owner, design engineer and the Contractor when necessary, to review and discuss construction inspection and quality control procedures, and other matters concerning the project. (3) Submit to Owner, with a copy to design engineer, monthly constructions progress reports containing a summary of the Contractor's progress, general condition of the w k, problems,V vU �D and resolutions or proposed resolutions to proble EA2-4 (4) Review the progress schedule, schedule of shop drawings submissions, and schedule of values prepared by the Contractor, and consult with design engineer concerning their acceptability. (5) Report to design engineer and Owner regarding work which is known to be defective, or which fails and required inspections, test, or approvals, or has been damaged prior to final payment; and advise design engineer and Owner whether the work should be corrected or rejected, or should be uncovered for observations, or requires special testing, inspection, or approval. (6) Review applications for payment with the Contractor for compliance with the established procedure for their submission, and forward them with recommendations to Owner, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site, but not incorporated into the work. (7) Record date of receipt of shop drawings and samples. Receive samples which are fumished at the site by the Contractor, and notify design engineer of their availability for examination. (8) During the course of the work , verify that specified certificates, and other data required to be assembled and fumished by the Contractor are applicable to the items actually installed; and deliver this material to design engineer for his review and forwarding to Owner prior to final acceptance of the work. (9) Maintain a marked set of drawings and specifications at the jobsite based on data provided by the Contractor. This information along with information from the records documents maintained by the Contractor, will be forwarded to the design engineer. (10) Review certificates of inspections, test and related approvals submitted by the Contractor as required by laws, rules, _. regulations, ordinances, codes, orders, or the Contract Documents (but only to verify that their content complies with the requirements of, and the results certified indicate compliance with, the construction contract documents). This service is limited to a review of items submitted by the Contractor and does not extend to a determination of whether the Contractor has complied with all legal requirements. (11) Maintain the following documents. a) Correspondence files. b) Reports of jobsite conferences, meetings, and discussions among the design engineer, Owner, and Contractor. i a c) Submittals of shop drawings and samples. - - -' d) Reproductions of original construction contract documents. EA2-5 e) Addenda. f) Change Orders. g) Field orders. h) Additional drawings issued subsequent to execution of the construction contract documents. i) Progress reports and payment request. j) Names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. (12) Maintain a daily diary or log book of events, including the - - following information,: - a) Days the Contractor worked on the jobsite. b) Contractor and subcontractor personnel on jobsite. c) Construction equipment on the jobsite. d) Observed delays and causes. e) Weather conditions. f) Data relative to claims for extras or deductions. g) Daily activities. h) Observations pertaining to the progress of the work. i) Materials received on jobsite. Y) The original diary or log book shall remain the property of Engineer. A copy of the log book or diary shall be,provided to the - City. C. Assistance in Certification of Substantial Completion. (1) Before design engineer issues a Certificate of Substantial Completion, submit to the contractor a list of items observed to require completion or corrected. (2) Conduct final inspection in the company of Owner, design engineer, and the Contractor, and prepare a final list of items to be completed or corrected. (3) Verify that all items on the final list have been completed or corrected, and make recommendations to design engineer concerning acceptance. EA2-6 2. Outside QC Testing. Provide the following services through a subcontract (note, Testing Services will provided on an hourly basis under a separate contract): a. Materials testing of materials used by the Contractor in construction of the work. Copies of the testing results will be forwarded to the Owner, design engineer and Contractor for review and information. Advise the Owner, design engineer and Contractor of any deficiencies in the Work revealed by the testing. PART D -SUPPLEMENTAL SERVICES 1 Any work requested by Owner that is not included in one of the items listed in any other phase will be classified as supplemental services. 2 Supplemental services shall include, but are not limited to: a. Providing Resident Project Representatives for more than the 125 calendar day or 90 working day construction period that is currently anticipated. b. Meetings held at a place outside the Dallas/Fort Worth metroplex with local, State, or Federal agencies to discuss the project. c. Special consultants or independent professional associates requested or authorized by Owner. d. Preparation for litigation, or other legal or administrative proceedings; and appearances in court in connection with bid protests, change orders, or construction incidents. e. Provision, through a subcontract, of the services of a surveying company to verify that the horizontal alignment of the pipelines is within the permanent easement and that the pipeline grades for the gravity sewers are within design tolerances. f. Services resulting from significant delays, changes, or price increases caused directly or indirectly by shortages of materials, equipment, or energy. g. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work by any Contractor, (3) acceleration of the progress schedule involving service beyond normal working hours, (4) default by any Contractor, and (5) failure of the Contractor to complete the work within the construction contract time. h. Evaluation of unusually complex or unreasonably numerous claims submitted by Contractor or others in connection with the work above the amount budgeted. �G�11D 11, C EA2-7 EXHIBIT "A-3" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") EASEMENT ACQUISITION SERVICES: MAIN 452 SANITARY SEWER IMPROVEMENTS 1. Title Services Request preliminary title commitment and review the commitment and survey to identify ownership, encumbrances or issues which may affect or inhibit the ability to acquire desired or clear title to the property or affect the Market Value. 2. Administration and Management Services All documents, papers, letters or other materials subject to the provisions of-the Texas Open Records Act shall be available for public access subsequent to receiving prior written consent from the City. Maintain and provide monthly summaries of project status and details on project expenses including amounts authorized, amounts paid and budget forecasting. Maintain current status reports of all property and project activities. 3. Appraisal Services Notify the property owner to provide telephone number and address of office. Explain the appraisal process, the acquisition process and the anticipated schedule for the procedures of the project. Coordinate with the outside appraiser. 4. Negotiation Services Review the appraisal report, title commitment and survey of the property. Prepare written correspondence consisting of the offer-to-purchase, survey, or description of the property to be acquired and other required documents. The initial offer will be no less than the approved fair market value as determined by the appraiser. Set a time to meet with the owner to deliver the documents including the offer-to-purchase letter to the owner or their representative and review the negotiation and closing processes. Coordinate with the property owner or representative to forward any concerns to the City for consideration. Responses to the property owner's concerns will be provided in a timely manner to allow each owner to make an informed decision. 5. Closing $Title Curative Services Prepare easement and memorandum of agreement for review by City and review and execution by the owner. Provide two (2) sets of executed documents and files,for each property, to the City. The City of Fort Worth shall attain all necessary releases and close acquisition. riD 6. Eminent Domain:"Condemnation Support Services Negotiate in "good faith" to avoid condemnation. In the event that condemnation is necessary, send a Final Offer Letter to the owner(s) and request an updated title commitment and appraisal (if necessary). When access to the property is critical to maintain proposed construction timing, attempt to negotiate and obtain a right of entry to the property. Complete the condemnation request package and attach EA3-1 necessary documents and join all necessary parties in order to request the condemnation of the parcel. Appraiser, Negotiation Agent and/or expert witness services for condemnation hearings are not included in the scope and fee. Such services, if required, will be provided on an hourly basis under separate scope and fee. Also, updated appraisals, which may be necessary for the condemnation process are not included in the scope and fee. EA3-2 ATTACHMENT "B" COMPENSATION AND SCHEDULE MAIN 452 SANITARY SEWER IMPROVEMENTS I. Method of Payment A. Design and Easement Acquisition Services The Engineer shall be compensated a total lump sum fee of $255,125. Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" and Exhibit "A-1", Exhibit "A- 2" (Part A and Part B), and Exhibit "A-3° for all labor materials, supplies and equipment necessary to complete the project. The Engineer shall be paid monthly on the basis of statements prepared from the books and records of account of the Engineer. An officer of the ENGINEER shall verify the accuracy of each invoice submitted which shall comply with the terms of the agreement. The aggregate of such monthly payments shall not exceed the following: 1. Exhibit A-1 Design Services and Exhibit A-3 Easement Acquisition Services Until satisfactory completion of Exhibits A-1 and A-3, Phase I, Part A - Conceptual Design hereunder, a sum not to exceed ten (10) percent of the maximum fee. Until satisfactory completion of Exhibits A-1 and A-3, Phase I, Part B - Construction Plans and Specifications, Preliminary Plans, hereunder, a sum not to exceed seventy (70) percent of the maximum fee, less previous payments Until satisfactory completion of Exhibits A-1 and A-3, Phase I, Part B - Construction Plans and Specifications, Final Plans, hereunder, a sum not to exceed ninety-five (95) percent of the maximum fee, less previous payments. The balance of the payments to be due and payable after the pre- construction meeting for the project. 2. Exhibit A-2, Part A Construction Survey — Payment shall not exceed the estimated percent of construction staked. The balance of the payments to be due and payable after the construction staking is complete. 1 Roy c? B-1 -- 3. Exhibit A-2, Part B Construction Administration — Payment shall not exceed the estimated percent of construction complete. The balance of the payments to be due and payable after the final construction inspection of the project. B. Inspection Services Payment for services described in Exhibit A-2, Part C will be based on hours billed to the project for the period of construction. Subcontractor cost shall be reimbursed at the actual cost plus 10%. Payment for expenses, cost, and services as described in Exhibit A-2, Part B shall not exceed $30,320 without written authorization due to changes in scope of work. Partial payment will be made monthly upon receipt of an invoice from the Engineer, prepared from the books and record of the Engineer, outlining the amount of hours worked by each employee, the employee's name and classification, and the employee's salary rate along with itemized charges for any subcontract and reproduction work performed during the period covered by said invoice. An officer of the ENGINEER shall verify the accuracy of each invoice submitted which shall comply with the terms of the agreement. II. Progress Report A. The ENGINEER shall submit to the designated representative of the Director of the Department of Engineering monthly progress reports covering all phases of design by the 1 VI of every month in the format required by the Director. B. If the ENGINEER determines in the course of making design drawings and specifications that the opinion of probable cost of $1,506,000 (as estimated in Exhibit "B-4") will be exceeded, whether by change in the scope of the project, increased cost or other conditions, the ENGINEER shall immediately report such fact to the City's Director of the Department of Engineering and, if so instructed by the Director of the Department of Engineering shall suspend all work hereunder. L�?ria B-2 EXHIBIT B-3A FEE SUMMARY Main 452 Sanitary Sewer Improvements Exhibit Scope of Services Fee M/WBE Percent A-1 Sanitary Sewer Design $ 184,095 $ 51,865 28.2% A-2, Part A Construction Survey $ 20,900 $ 19,000 90.9% A-2, Part B Construction Administration $ 16,380 $ - 0.0% A-2, Part C Construction Inspection $ 30,320 $ 27,560 90.9% A-3 Easement Acquisition $ 33,750 $ 13,500 40.0% TOTAL $ 285,445 $ 111,925 39.2% Proposed M/WBE Sub-Consultants Services Fee % of Total Gorrondona &Associates Surveying $ 29,900 10.5% Gorrondona &Associates Easements $ 8,100 2.8% Gorrondona &Associates Constr Staking $ 19,000 6.7% Paragon Project Resources Constr. Inspection $ 27,560 9.7% Terra Mar Geotechnical $ 9,450 3.3% James Daniels &Associates, Inc. Appraisals $ 13,500 4.7% Hugo Trevino and Associates Reproduction $ 4,415 1.5% TOTAL $ 111,925 39.2% r°PT"I rVo ��'�u.�lrus B-3A-1 EXHIBIT B-3B FEE SUMMARY Main 452 Sanitary Sewer Improvements (Fees Based on Percentage of Construction Cost) BASIC ENGINEERING DESIGN FEE OPINION OF PROBABLE CONSTRUCTION COST: $ 1,506,000 TSPE Curve A 7.25% Subtotal $ 109,200 - 15% Construction Inspection $ (16,380) TOTAL BASIC FEE (Design) $ 92,820 SPECIAL SERVICES(HALFF ASSOCIATES) Alignment/Flow Study $ 13,300 Wetland Delineation $ 5,000 Corps Section 404 Nationwide 12 Permit $ 4,000 TxDOT Permit and Coordination $ 1,000 Easement Acqusition Services (9 properties) $ 20,250 Subtotal $ 43,550 SPECIAL SERVICES(SUBCONSULTANT) 9 Property Appraisal Services(James Daniels) $ 13,500 Archeological Study(AR Consultants) $ 4,000 Aerial Topography (Metropolitan Aerial) $ 4,700 Property and 1-35W ROW Surveys(Gorrondona) $ 10,900 Control &Supplemental Design Surveys(Gorrondona) $ 19,000 9 Temp Construction Easements (Gorrondona) $ 900 9 Perm Easements (Gorrondona) $ 7,200 Geotechnical Investigation(Terra Mar) $ 9,450 Reproduction (Trevino) $ 4,415 Subtotal $ 74,065 10% Fee for Subconsultants $ 7,410 Subtotal $ 81,475 TOTAL BASIC AND SPECIAL SERVICES $ 217,845 CONSTRUCTION SERVICES Construction Administration $ 16,380 Construction Staking (Gorrondona) $ 19,000 10% Fee for Subconsultant $ 1,900 Construction Inspection (Paragon) $ 27,560 10% Fee for Subconsultant $ 2,760 TOTAL CONSTRUCTION SERVICES FEE $ 67,600 GRAND TOTAL FEE $ 285,445 n r11,(r B-36-1 Irf U Ua EXHIBIT B-3C SURVEY AND MWBE FEE SUMMARY (Survey, Geotechnical, Aprraisal, Reproduction) Main 452 Sanitary Sewer Improvements SURVEY FEE(GORRONDONA) Supplemental Design Surveys $ 19,000 Property Surveys $ 10,900 Easements $ 8,100 Construction Staking $ 19,000 SUBTOTAL $ 57,000 10%fee for sub-consultant $ 5,700 TOTAL SURVEY FEE $ 62,700 GEOTECHNICAL FEE(TERR MAR) Geotechnical Investigation $ 9,450 10%fee for sub-consultant $ 945 TOTAL GEOTECHNICAL FEE $ 10,395 APPRAISER FEE(JAMES DANIELS) Appraisal 9 prop $1,500 per prop $ 13,500 10%fee for sub-consultant $ 1,350 TOTAL APPRAISAL FEE $ 14,850 REPRODUCTION FEE(HUGO TREVINO) Preliminary Plans(30 total sheets) 16 sets $ 24.00 per set $ 380 Construction Plans(30 total sheets) 60 sets $ 24.00 per set $ 1,440 Mylar Reproduction (30 total sheets) 1 sets $ 495.00 per set $ 495 Specifications (60 sets) 60 sets $ 35.00 per set $ 2,100 SUBTOTAL $ 4,415 10%fee for sub-consultant $ 440 TOTAL REPRODUCTION FEE $ 4,855 CONSTR INSPECTION FEE(PARAGON) Inspection (90 working days) $ 27,560 10%fee for sub-consultant $ 2,760 TOTAL APPRAISAL FEE $ 30,320 •-^ it i B-3C 1 EXHIBIT B-3D CONSTRUCTION INSPECTION ESTIMATED HOURS Project: Main 452 Construction Inspection Services TOTAL TOTAL WORK TASK DESCRIPTION Inspector Clerical HOURS FEE ONSITE CONSTR SERVICES Resident Inspection(Paragon) a. Site Observation($60 per hour) 360 3601 $ 21,600 b. Meeting,Reports&Document 27 27-$ 1,620 Subtotal 387 0 387 $ 23,220 DIRECT COSTS Vehicle($750 per month) $ 3,375 Mobile Telephone($125 per month) $ 565 Reproduction&other Misc $ 400 Subtotal $ 4,340 Total (Paragon) $ 27,560 10%MWBE Subconsultant $ 2,760 GRAND TOTAL $ 30,320 Fee based on 125 calendar day(90 working day)construction schedule. -la, B-3D-1 EXHIBIT B-4 OPINION OF PROBABLE CONSTRUCTION COST Item Description Qty Unit Price Subtotal Total M-452 Sanitary Sewer Improvements 1 24" Sanitary Sewer 4,700 LF $ 45.00 $ 211,500 2 21" Sanitary Sewer 12,000 LF $ 40.00 $ 480,000 3 21"SS w/36" Casing Pipe BOTOC 300 LF $ 500.00 $ 150,000 4 15" Sanitary Sewer 1,900 LF $ 35.00 $ 66,500 5 Creek Crossings 3 EA $ 50,000.00 $ 150,000 6 Trench Safety System 18,600 LF $ 5.00 $ 93,000 7 Std. 5' Manhole to 6' Depth 6 EA $ 2,750.00 $ 16,500 8 Extra Depth for 5' Manhole>6' 40 VF $ 150.00 $ 6,000 9 Std. 4' Manhole to 6' Depth 28 EA $ 1,800.00 $ 50,400 10 Extra Depth for 4' Manhole>6' 170 VF $ 110.00 $ 18,700 9 Std. Manhole Insert 37 EA $ 120.00 $ 4,440 10 Concrete Collar 37 EA $ 220.00 $ 8,140 11 Vacuum Test of Manhole 36 EA $ 150.00 $ 5,400 12 Asphalt Pvmt Repair 50 LF $ 45.00 $ 2,250 13 Hydro Mulch Seeding 18,600 LF $ 2.50 $ 46,500 14 Crushed limestone for misc. placeme 50 CY $ 25.00 $ 1,250 15 Ballast stone for misc. placement 50 CY $ 25.00 $ 1,250 16 Class"B"Concrete 100 CY $ 50.00 $ 5,000 17 Class"E"Concrete 100 CY $ 50.00 $ 5,000 18 Post-const. television inspection 18,900 LF $ 2.50 $ 47,250 Subtotal $ 1,369,100 10%Contingency $ 136,900 GRAND TOTAL $ 1,506,000 �n �ki� U tol�'I �Lg,,�o B-4 ATTACHMENT "C" AMENDMENTS TO ARTICLES IV, V, AND VI AND ATTACHMENT "A" Article IV.K.(2)(1): Endorsements are noted on the Certificate of Insurance provided to the City for this project. Article IV.K.(2) (1): Business automobile insurance is written on an accident basis. Article VI.L., line 4: Remove the following: "or may be enacted later" Attachment A, Item 26: Delete this Item, the Engineer will not prepare "record drawings"for this project. x1 @ yp _ lh a E n F o5 io n N � a N ' NN N O m 44� < tj E o E c Eo V3 n 4 � m . �N ff I � I c r Q o g$ o e 2ta IL q c � o� N r. ♦ m m n o w e .• N n • m o n < o r� F F} '� � '� n �i �$ R1 .� �' L � Y' {"1 N .J.0 r �g m Y LL a a -N CL cli Ln fo IL 3 � O �a a i In ,* LL ILL LL LL 45 g N 2 U ISL O U Z r6 m �. D LLp City of Fort Worth, Texas 4volffor And coun"'I communicaflon DATE REFERENCE NUMBER LOG NAME PAGE 12/19/00 C-18404 30DELL 1 of 2 SUBJECT AWARD OF ENGINEERING AGREEMENT TO HALFF ASSOCIATES, INC. FOR SANITARY SEWER M-452 EXTENSION RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Halff Associates, Inc. in the amount of $285,445.00 for the extension of sanitary sewer M-452. DISCUSSION: The M-452 sanitary sewer basin is located in north Fort Worth in the area of the US287 and 1-35 interchange. The proposed sanitary sewer extension is required to meet anticipated demand from new development in the area. Specifically, the City and Dell Computer Corporation (Dell) have entered into a Memorandum of Understanding to formally negotiate an Economic Development Agreement, part of which includes Dell locating a facility in the above mentioned sanitary sewer basin. City staff has negotiated an engineering services agreement with Halff Associates, Inc. (Halff) to design the required extension of sanitary sewer Main M-452. This extension includes approximately 19,000 linear feet of proposed 24-inch sanitary sewer line and all necessary appurtenances. Under the contract, Halff will provide all surveying and engineering services, in addition to real property services and construction management/inspection services if the project is actually constructed following formal approval of the anticipated Economic Development Agreement and a commitment by Dell to proceed with the proposed campus development. The increased scope of work is included in the contract to aid in coordination, given the nature of this project. Halff proposes to provide the inspection services for an hourly rate with a multiplier, not to exceed a cost of$30,320.00. All other services will be provided for a lump sum cost of$255,125.00. Halff Associates, Inc. is in compliance with the City's M/WBE Ordinance by committing to 34% M/WBE participation. The City's goal on this project is 27%. This project is located in COUNCIL DISTRICTS 2 and 4, Mapsco 35. City of Fort Worth, Texas 4velyar And Council conswunication DATE REFERENCE NUMBERLOG NAME PAGE ' 12/19/00 C-18404 30DELL 2 of 2 SUBJECT AWARD OF ENGINEERING AGREEMENT TO HALFF ASSOCIATES, INC. FOR t SANITARY SEWER M-452 EXTENSION FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Capital Sewer Project Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: DEC 19 2= A.Douglas Rademaker 6157 (from) Additional Information Contact: P170 541200 070170131550 $285,445.00 /, City sw=aftu 4 tta City of Fort Wari[,Teams A.Douglas Rademaker 6157