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HomeMy WebLinkAboutContract 31490 CIT`' SECRETAM., CITY OF FORT WORTH, TEXAS =C?('l i" %'aCT NO , STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Lockwood, Andrews& Newer, Inc., (the "ENGINEER"), for a PROJECT generally described as: Miscellaneous Drainage Improvements to Longstraw Channel, Luther Channel, Colonial Channel and Chaddybrook Channel. (2004 CIP Minor Drainage Miscellaneous Structural Improvements Contract E) Article I Scope of Services 03- 1 .I -05A09 : ?1 RCVD A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. - A09 :28 RCVD ORIGINAL 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 costlexecution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. ENGINEERING CONTRACT Page 2 of 14 i 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 conditions; time or quality . ENGINEERING CONTRACT Page 3 of 14 c 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. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (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 ENGINEERING CONTRACT Page 4 of 14 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 sub-consultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $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 ENGINEERING CONTRACT Page 5 of 14 (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified 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 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 shall be acceptable to the CITY in its sole discretion;. and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. ENGINEERING CONTRACT Page 6 of 14 (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 subconsultants maintain insurance coverage, 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 that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. ENGINEERING CONTRACT Page 7 of 14 `122'1�" 1"1� �' (�t��1�'l��J•�J 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 ENGINEERING CONTRACT Page 8 of 14 consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances 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 contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." ENGINEERING CONTRACT IF' Page 9 of 14 GVH, VE��>> (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 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. ENGINEERING CONTRACT Page 10 of 14 B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The 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 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. ENGINEERING CONTRACT Page 11 of 14 F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than ENGINEERING CONTRACT Page 12 of 14 $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ENGINEERING CONTRACT Page 13 of 14 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A -Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E — Location Map Executed this the_LTJ day of ,h , 2005. ATTEST: T O FO ORTH B Marty A. He rix Marc A. Ott City Secretary Assistant City Manager Approval Recommended Cont;:aCL Authorization --EA. Douglas Rademaker Date Director, Engineering Department APPROVED AS TO FORM AND L LITY I OCKWOOD, ANDREWS & NFWNAM_, INC 4 e ENGINEER AskWa;t-r A orney ATTEST: B . Patrick E.)pf , P.E Business Group erector Engineering Contract Page 14 of 14 -14- ATTACHMENT "A" General Scopeof 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 permitting authority. If such changes are required, the Engineer shall notify t. e City and ---m an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the Department of Engineering and shall become the property of the City. City may use such drawings in any manner it desires; provided, however that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. PHASE 1 7) Right-of-Way, Easement and Land Acquisition Needs The Engineer shall determine the rights-of-way, easement needs for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights-of-way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights-of-way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four(4) copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility liens or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. -2- 10) Conceptual Plans The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross-sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four(4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. -3- PHASE 4 16) Final Approved Construction Plans The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans and contract specifications. The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contracts, and constructing the project. 17) Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitu- tion prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 18) Recommendation of Award The Engineer shall assist in the tabulation and review of all bids received for the construction of the project and shall make a recommendation of award to the City. 19) Prebid Conference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. PHASE 5 20) Preconstruction Conference The Engineer shall attend the preconstruction conference. 21) Construction Survey The Engineer shall be available to the City on matters concerning the layout of the project during its construction and will set control points in the field to allow City survey crews to stake the project. The setting of line and grade stakes and route inspection of construction will be performed by the City. 22) Site Visits The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. -4- 23) Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill test reports on materials and equipment. 24) Instructions to Contractor The Engineer shall provide necessary interpretations and clarifications of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 25) Differing Site Conditions The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered. 26) Record Drawings The Engineer shall prepare record drawings from information submitted by the contractor. -5- EXHIBIT "A-1" Supplemental Scope of Services (Supplement to ATTACHMENT "A") Contract E —Miscellaneous Structural Improvements 2004 CIP Minor Drainage Projects J PHASE 1 — DESIGN SERVICES: STORM DRAIN CHANNEL IMPROVEMENTS The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this exhibit includes engineering services for storm drain channel improvements for the following: Contract E — Miscellaneous Structural Improvements (2004 CIP Minor Drainage Projects) There are four projects. A Preliminary Engineering Report (PER) will be prepared for all four. All four projects will be taken through design for construction. There will be one construction package including all four projects. Multiple construction packages will be additional services. The design will generally be shown on existing drawings (plats or old construction documents) or sketches (8.5"x11" or 11"x17") in the specifications book. A separately bound, full size, set of plans is not included. The projects typically consist of channel repairs and/or ramps, and therefore no hydrologic or hydraulic calculations are included. E1 — Longstraw Channel Rehabilitation (required project): Channel repairs only. Channel extends over an approximate distance of 2,200 linear feet between North Beach Street and Strawberry Street. Is situated within a drainage right-of-way of 40-feet in width. Just west of Beach is a 150' long cracked area on the north slope. Slope is about 1:1 and 8' tall. Slope distance is about 12'. A second area about 20' long, farther west by church parking lot, needs replacement. At least half of the channel from Whitewood west to Buttonwood and on to Strawberry needs replaced (either the bottom, side slopes, or both). Concrete appears to have been placed to a minimal thickness, with wire mesh for reinforcement. Soils behind the concrete appear to be expansive in nature. Plat or old plans will be used as base map to avoid creating new plans. Detailed surveying is not included. Fences, trees and access will be issues to address during design and construction. E2— Luther Channel Rehabilitation (required project): Primarily repairs, but need to reconstruct access ramp (15% max. grade). The channel is in an easement and appears to be oriented predominately at the rear of residential lots within Block 3 of the Ridglea Crest Addition. The 10/18/04 P:\Marketing\Fort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Page 1 of.7 existing access ramp is fully within Lot 8, Block 3 of Ridglea Crest. Significant portion of concrete channel needs replacement north of Cumberland Road, from the limits of the existing ramp, upstream to the riprap limits. Clearing along the top of the channel banks would also be required. Must remove trees as they are contributing to the decomposition of the concrete riprap. Need to replace about 250 linear feet of channel. The channel is about 12' tall (perhaps 15' to street). Upstream end of concrete is separated from the earth section. Concrete riprap has been undermined and is being eroded away. Need toe wall with rock riprap, and possibly geotextile liners. Also need to remove the ramp and replace it with one at a shallower slope. Ramp would fit nicely in the open park-like area that is part of Lot 1, Block 4 of the Ridgeview Addition. Area appears to be privately owned. The existing ramp was designed at a grade of 20%. It is deep and steep, and access will be an issue if the construction contractor utilizes it. Plat or old plans will be used as base map to avoid creating new plans. Limited survey and property limit determination is included. Tree(s), storm drain and sewer present possible conflicts. Fences and landscaping will be issues to address during design and construction. E3 — Colonial Channel — Cantey Ramp (beneficial project): Need ramp to access vertical side wall channel (may need to be 90 degree). An alternatives analysis will be included in the PER. Analyze alternate ramp locations necessary to access different channel segments. Cantey Street may be abandoned ROW, but remains as a drainage easement at the least. Improved channel section extends from Mockingbird Lane upstream to North Bellaire Drive for an approximate distance of 5,000 linear feet. Colonial Parkway crosses the channel with a box culvert approximately 1,000 feet upstream from Mockingbird Lane. Could access from the TCU stadium parking lot between power poles just south of Cantey Street. Need to coordinate with TCU. Sewer and pedestrian bridge must be avoided. Light poles appear to be clear. Alternate access points for access could be North Bellaire or Mockingbird. There is a stilling basin area just downstream of Bellaire that would probably prevent access past it. A ramp might also be installed at the Mockingbird Lane crossing. The channel is shallower here so cost would be less. However, the culvert at Colonial Parkway may block access further to the south. Might need to coordinate with Colonial Country Club whose property limits begin on the north side of Mockingbird Lane. E4— Chaddybrook Ramps (beneficial project): Need ramp to access Smithfield Creek Channel. The specific location is the multi-box culvert under North Riverside Drive crossing Smithfield Creek Channel. Concrete lining extends approximately 30-feet upstream and downstream of the box culvert. The adjacent sections of the channel in this area are unlined. Northeast quadrant is preferred for ramp, but may need to extend concrete bottom to meet ramp limits. Confirm culvert clearance (headroom). The school property upstream of Riverside that adjoins the creek will also be evaluated for access. Limited topographic survey is included. May need easement for ramp depending upon its orientation and geometry. Document preparation for easement acquisition will be additional services if required. 10/18/04 PAMarketing\Fort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Page 2 of 7 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 Preliminary Engineering Report. b. Data Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination oft he proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, City drainage complaint files, drainage studies., FEMA floodplain and floodway maps, existing models for the project area (if any), and property ownership as available from the Tax Assessor's office. C. Coordination with Other Agencies During the concept phase the ENGINEER shall coordinate with all utilities, including utilities owned by the City. These entities shall also be contacted if applicable, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall be shown on the preliminary 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. 10/18/04 PAMarketing\Fort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Paae 3 of 7 fv. 2. Monthly Progress Report The ENGINEER shall submit a project schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress reports as required under Attachment B of the contract. J J PART B -CONSTRUCTION PLANS AND SPECIFICATIONS 1. Surveys for Design ENGINEER will perform limited field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey . shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location and elevations of known buried utilities, structures, and other features that would affect proposed construction. 2. Preliminary Engineering Report Submittal a. PER shall be submitted to City 60 days after Notice to Proceed Letter is issued. b. The ENGINEER shall furnish four (4) copies of the PER which include sketches, photos and cost estimates for the ENGINEER's recommended plan. 3. Preliminary Construction Plans Upon approval of Part B, Section 2, ENGINEER will prepare preliminary construction plans using existing drawings (plats or old construction documents) or sketches (8.5"x11" or 11"x17") as follows: a. Preliminary project sheets which will show as available on existing drawings or from limited field work (surveys or hand measurements) the following; Existing left and right top of channel bank, existing utility crossings and existing right-of-way/easement. 10/18/04 PAMarketingTort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Page 4 of 7 Channel flowline. Typical channel details. Limits of right-of-way or easements and temporary construction easement. Plans for ramps will show existing street paving, curb and gutter, sidewalks, fences and gates. Proposed ramp details will include a plan view, profiles of both walls and a section. Additional details will include fences and gates for ramps. Plans for channel repairs will be shown on existing drawings with repair areas noted and repair details provided. The approximate limits for repairs will be measured by hand (taped) to reduce survey costs as practical. For channel repairs doweling may be avoided by placing one foot of mass concrete under the existing lining at saw cut limits. Additional details will include fence replacement and repair. b. Existing found property corners (e.g. iron pins) along the existing right-of-way shall be shown on the plans as available. C. Known existing utilities and known utility easements will be shown on the sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to ascertain what, if any, future improvements are planned that may impact the project. d. Maintenance ramps if appropriate. e. Proposed sheets will conform to City of Fort Worth construction legend. Adequate horizontal and vertical control shall be provided on the plan sheets to locate all proposed and existing facilities. Legal descriptions (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. 4. Preliminary construction plan submittal 10/1'8/04 PAMarketing\Fort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Page 5 of 7 a. Preliminary plans and specifications shall be submitted to City 60 days after approval of Part B, Section 2. b. The ENGINEER shall deliver sixteen (16) sets of preliminary construction plans and two (2) sets of specifications and contract documents to CITY for review and distribution to utility companies. C. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments for preliminary submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. d. Public Meeting After the preliminary plans have been reviewed and approved by the City, ENGINEER shall prepare an affected invitation letter and attend public meeting to help explain the proposed project to residents. The CITY shall mail the invitation letters. A maximum of four public meetings is included (one per project). 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 60 days after approval of Part B, Section 3. Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans 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. b. ENGINEER's Estimate of Probable Construction Cost 10/18/04 PAMarketingTort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Page 6 of 7 The ENGINEER shall submit a final estimate of probable construction cost with the final plan 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 (50) sets of the final approved and dated plans and specifications and contract documents for the projects to the CITY for distribution to potential bidders. b. Bidding Assistance The ENGINEER shall assist the CITY during phase including preparation and delivery of addenda to plan holders, 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. C. Assistance During Construction The ENGINEER shall attend the pre-construction conference for the project. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. 10/18/04 PAMarketingTort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Page 7 of 7 '�`n,lfi 4A �:: �..a rj, n �, ATTACHMENT "B" Compensation and Schedule Engineering Design Services Associated With Contract E — Miscellaneous Structural Improvements 2004 CIP Minor Drainage Projects J I. Compensation A. The Engineer shall be compensated a total lump sum fee of$58,179.64 as summarized in Exhibit "B-3". Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" and Exhibit "A-1" for all labor, materials, supplies and equipment necessary to complete the project. B. The Engineer shall be paid monthly as described in Exhibit "B-1", Section 1 — Method of Payment. C. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. II. Schedule Final Plans and Contract Documents for bid advertisement shall be submitted with 360 calendar days after the "Notice to Proceed" letter is issued. A. Preliminary Engineering Report (PER) — 60 calendar days B. Preliminary Construction Plans — 60 calendar days C. Final Construction Documents — 60 calendar days D. Final Plans and Contract Documents for Bid Advertisement- 15 calendar days 10/19/04 PAMarketingTort Worth\Roads\4 Drainage JobsWttachment B.doc Page 1 of 1 Exhibit "B-1" (Supplement to Attachment B) Engineering Design Services Associated With Contract E — Miscellaneous Structural Improvements 2004 CIP Minor Drainage Projects 1 I. Method of Payment Partial payment shall be made to the Engineer monthly upon City's approval of an invoice from the Engineer outlining the estimated current percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Until satisfactory completion of Attachment "A", Preliminary Engineering Report (PER) and approval by the City, a sum not to exceed 30 percent of the total lump sum fee. Until satisfactory completion of Attachment "A", Preliminary Construction Plans and approval by the City, a sum not to exceed 60 percent of the total lump sum fee, less previous payments. Until satisfactory completion of Attachment "A", Final Construction Documents and approval by the City, a sum not to exceed 90 percent of the total lump sum fee, less previous payments. The balance of fees, less previous payments, shall be payable after all of the pre- construction meetings for the Project have been conducted. Il. Progress Reports A. The Engineer shall submit to the designated representative of the Directory of the 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 opinion of probable construction cost of$403,834 (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 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. 10/19/04 PAMarketingTort Worth\Roads\4 Drainage Jobs\Exhibit B-1.doc Page 1 of 1 Exhibit "B-2" (Supplement to Attachment B) Engineering Design Services Associated With Contract E — Miscellaneous Structural Improvements 2004 CIP Minor Drainage Projects 2004 Standard Rate Schedule Classification Hourly Rate Project Manager -$150 Senior Engineer $125 Engineer $105 Engineer in Training $80 Technician $75 Clerical $50 l7JUV �i.�t7J�i5Ur1. ' 9/30/04 PAMarketing\Fort Worth\Roads\4 Drainage Jobs\Exhibit B-2.doc Pagc 1 of 1 Exhibit "B-3A" (Supplement to Attachment B) Summary of Total Project Fees Contract E — Miscellaneous Structural Improvements 2004 CIP Minor Drainage Projects J Consulting Firm Prime Responsibility Amount * Percent Prime Consultant: Lockwood, Andrews & Basic Services and Newnam, Inc. Additional Services $ 41,243.64 70.9% M/WBE Consultants: Arredondo, Zepeda & Surveying Services $ 9,000.00 15.5% Brunz, Inc. Trevino and Associates, Reproduction $ 5,936.00 10.2% Inc. Pereira Engineering & Engineering $ 2,000.00 3.4% Technical Services Non-M/WBE Consultants: None Total for Professional Services $ 58,179.64 100% Proiect Description Scope of Services Total Fee M/WBE Fee * Percent Engineering Services Drainage $ 58,179.64 $ 16,936.00 29.1% * Final M/WBE Amounts, Fees and Percentages will vary. LAN commits to a minimum M/WBE Percentage of 15%. 10/19/2004 Exhibits B-3 Page 1 of 1 Exhibit "13-313" (Supplement to Attachment B) Professional Services Fee Summary Contract E—Miscellaneous Structural Improvements 2004 CIP Minor Drainage Projects J Part A- Conceptual Design and Part B - Plans & Specifications Transportation & Public Works: (Construction Cost x ASCE Curve"A"x 85%) Drainage $ 403,834.00 8.9% x 85% $ 30,550.04 T&PW: Basic Services Total $ 30,550.04 " Includes $2,000 for M/WBE (Pereira) Additional Services: Transportation & Public Works: Topographic Surveying Services(by M/WBE) $ 9,000.00 Topographic Surveying Services (approximate) $ 3,000.00 Erosion Control Plans &SW3P $ 4,000.00 Meetings & Reports $ 4,000.00 Printing & Reproduction Subtotal (by M/WBE) $ 5,936.00 Administrative (10%) Fee on M/WBE Firms $ 1,693.60 Additional Services Subtotal $ 27,629.60 T&PW:Additional Services Total $ 27,629.60 Summary of Total Fee and Breakdown of Design Fee (Less Survey Fee) A. Summary of Total Fee Service Description Drainage Engineering Services $ 30,550.04 Additional Services $ 15,629.60 Surveying Services $ 12,000.00 Total Fee $ 58,179.64 B. Breakdown of Drainage Fees (Less Survey Fees) 1. Total Fee (less survey fee) Breakdown by Preliminary Engineering Report (PER), Preliminary and Final Design a. E1 PER (30%) = (Total Fee- Survey Fee) x (0.3)_ $ 13,853.89 b. E1 Preliminary (60%) = (Total Fee-Survey Fee)x (0.6) _ $ 27,707.79 c. E1 Final (10%) = (Total Fee- Survey Fee)x (0.1)_ $ 4,617.96 10/19/2004 Exhibits B-3 Page 1 of 1 Exhibit "B-3C" (Supplement to Attachment B) Fees For Surveying Services Contract E — Miscellaneous Structural Improvements 2004 CIP Minor Drainage Projects Surveying Services: Drainage Topographic Surveys 3,200 LF x $ 3.75 _ $ 12,000.00 T&PW: Total for Surveying Services $ 12,000.00 10/4/2004 Exhibits B-3 Page 1 of 1 Exhibit "B-3D" (Supplement to Attachment B) Additional Services Contract E — Miscellaneous Structural Improvements 2004 CIP Minor Drainage Projects J ' Additional Services: Transportation & Public Works: Prepare SW3P w/ NOI & NOT $ 4,000.00 Attend Public/Neighborhood Meetings (Reports & Exhibits) $ 4,000.00 Total for Additional Services $ 8,000.00 Transportation & Public Works: $ 8,000.00 10/13/2004 Exhibits B-3 Page tof Ell Exhibit "B-3E" (Supplement to Attachment B) Fee for Reproduction Services Contract E— Miscellaneous Structural Improvements 2004 CIP Minor Drainage Projects Printing & Reproduction Transportation & Public'Works Conceptual Design Report 4 Sets of Report $ 0.20 /Pg x 80 Pg/Report x 4 = $ 64.00 Preliminary & Utility Clearance Plans 16 Sets of Construction Plans $ 2.00 /Sht x 16 Sht/Plan x 16 = $ 512.00 2 Sets of Specifications $ 0.15 /Pg x 400 Pg/Spec x 2 = $ 120.00 Final Plans 2 Sets of Construction Plans $ 2.00 /Sht x 16 Sht/Plan x 2 = $ 64.00 2 Sets of Specifications $ 0.15 /Pg x 400 Pg/Spec x 2 = $ 120.00 .Bid Documents 50 Sets of Construction Plans $ 2.00 /Sht x 16 Sht/Plan x 50 = $ 1,600.00 50 Sets of Specifications $ 0.12 /Pg x 400 Pg/Spec x 50 = $ 2,400.00 Mounted Exhibit for Public Meetings 4 Drawings $ 200.00 /Brd x 4 Board x 1 = $ 800.00 Final Mylars for Record Purposes 1 Set of Construction Plans $ 16.00 /Sht x 16 Sht/Plan x 1 = $ 256.00 Printing & Reproduction Subtotal $ 5,936.00 Transportation & Public Works $ 5,936.00 10/13/2004 Exhibits B-3 Page 1 of 1 EXHIBIT 1113-4" (Supplement to Attachment B) Opinion of Probable Construction Cost Contract E - Miscellaneous Structural Improvements 2004 CIP Minor Drainage Projects E-1 - L.ONGSTRAW CHANNEL REHABILITATION Item Description i Unit Qty. Unit Cost Extension 1 Tree and Brush Clearing SY 500 $3.00 $1,500.00 2 Saw Cutting LF 1500 $2.50 $3,750.00 3 Demolition, Haul Off, and Disposal CY 250 $40.00 $10,000.00 4 Select Backfill and Placement CY 290 $20.00 $5,800.00 5 Concrete Riprap SY 1750 $50.00 $87,500.00 6 Erosion Control LS 1 $5,000.00 $5,000.00 7 Utility Adjustment LS 1 $3,000.00 $3,000.00 8 Fence Replacement LF 1000 $20.00 $20,000.00 9 Sidewalk Repair SF 30 $5.00 $150.00 10 Sodding SY 450 $4.50 $2,025.00 Total Construction $138,725.00 15% Contingency - $20,808.75 TOTAL $159,533.75 E-2 - LUTHER CHANNEL REHABILITATION Item Description Unit Qty. Unit Cost Extension 1 Tree and Brush Clearing SY 550 $4.50 $2,475.00 2 Saw Cutting LF 60 $2.50 $150.00 3 Demolition, Haul Off, and Disposal CY 280 $40.00 $11,200.00 4 Earthwork CY 180 $12.00 $2,160.00 5 Select Backfill and Placement CY 410 $20.00 $8,200.00 6 Concrete Riprap SY 670 $60.00 $40,200.00 7 Concrete Ramp SY 100 $60.00 $6,000.00 8 Retaining Walls (2' - 6' Height) LF 100 $145.00 $14,500.00 9 Rock Riprap CY 25 $90.00 $2,250.00 10 Erosion Control LS 1 $5,000.00 $5,000.00 11 Utility Adjustment LS 1 $5,000.00 $5,000.00 12 Security Gate LS' 1 $500.00 $500.00 13 Fence Replacement LF 250 $20.00 $5,000.00 14 Sodding SY 270 $4.50 $1,215.00 Total Construction $103,850.00 15% Contingency $15,577.50 TOTAL $119,427.50 10/19/2004 Exhibit B-4 Page 1 of 2 EXHIBIT "13-4" (Supplement to Attachment B) Opinion of Probable Construction Cost Contract E - Miscellaneous Structural Improvements 2004 CIP Minor Drainage Projects E-3 - COLONIAL CHANNEL RAMP Item Description Unit Qty. Unit Cost Extension 1 Clearing and Grubbing SY 350 $5.00 $1,750.00 2 Structural Saw Cutting LF 30 $15.00 $450.00 3 Demolition, Haul Off, and Disposal CY 20 $60.00 $1,200.00 4 Excavation CY 450 $15.00 $6,750.00 5 Select Backfill and Placement CY 75 $20.00 $1,500.00 6 Concrete Ramp SY 150 $60.00 $9,000.00 7 Retaining Walls (2' - 12' Height) LF 100 $270.00 $27,000.00 8 Curb and Gutter Replacement LF 50 $25.00 $1,250.00 9 HMAC Pavement Repair SY 50 $50.00 $2,500.00 10 Erosion Control LS 1 $5,000.00 $5,000.00 11 Utility Adjustment LS 1 $5,000.00 $5,000.00 12 Security Gate LS 1 $500.00 $500.00 13 Fence Replacement LF 120 $20.00 $2,400.00 14 Sodding SY 110 $4.50 $495.00 Total Construction $64,795.00 15% Contingency $9,719.25 TOTAL $74,514.25 E-4 - CHADDYBROOK (SMITHFIELD CREEK) CHANNEL RAMP Item Description Unit Qty. Unit Cost Extension 1 Clearing and Grubbing SY 300 $5.00 $1,500.00 2 Saw Cutting LF 30 $2.50 $75.00 3 Demolition, Haul Off, and Disposal CY 15 $50.00 $750.00 4 Earthwork CY 300 $12.00 $3,600.00 5 Select Backfill and Placement CY 60 $20.00 $1,200.00 6 Concrete Ramp SY 100 $60.00 $6,000.00 7 Retaining Walls (2' - 8' Height) LF 120 $190.00 $22,800.00 8 Sidewalk Repair SY 20 $5.00 $100.00 9 Erosion Control LS 1 $2,500.00 $2,500.00 10 Utility Adjustment LS 1 $4,000.00 $4,000.00 11 Security Gate LS 1 $500.00 $500.00 12 Sodding SY 170 $4.50 $765.00 Total Construction $43,790.00 15% Contingency $6,568.50 TOTAL $50,358.50 GRAND TOTAL $403,834.00 10/19/2004 Exhibit B-4 Page 2 of 2 ATTACHMENT "C" Amendments to Standard Agreement for Engineering Services Contract E - Miscellaneous Structural Improvements 2004 CIP Minor Drainage Projects The following are amendments to the Standard Agreement for Engineering Services. Article IV- Obligations of the Engineer K. ENGINEER's Insurance (2) (d) Replace the following: A minimum of thirty_ (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. with this: A minimum of thirty (30) days notice of cancellation e--m tenial-E;haRge-in Eeverage-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. ENGINEER shall provide thirty (30) days notice of any material change in coverage. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. Article IV- Obligations of the Engineer K. ENGINEER's Insurance (2) (f) Replace the following: Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the CITY in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. with this: 10/4/04 PAMarketingTort Worth\Roadsl4 Drainage Jobs\Attachment C.doc Page C-1 of Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the CITY in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Such acceptance by the City shall not be unreasonably withheld. Dedicated financial resources or letters of credit may also be acceptable to the City. J J Article V— Obligations of the City F. Asbestos or Hazardous Substances and Indemnification (2) Replace the following: 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. with this: The indemnification and release required above shall not apply in the event the discharge, release or escape of known 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. 10/4/04 PAMarketingTort Worth\Roads\4 Drainage Jobs\Attachment C.doc Laae7- e=1—" O a CL t: a , 3 x�iu 'a Cl) t,s -x --_..._. _..___._._ ------ ,. ig c N r Cl7 wE 70 4 i C c z, i N Q w w 0 INKD -, a' N a) LL s i i m C c Ooy oT' U E.o r I- a) o . Z Z 0 CD :3ca aNi ♦ ;. c 0 N w Qc c m r _ CE 7 e . 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(0 T (0 T T (0 T T T l0 T (0 T (0 T O a l0 (0 a (0 a7 a (0 a (0 a (0 (a a (0 (0 (0 a (0 a (0 a (0 (0 (0 (0 •� r a a a a a a a a r a a a a a a a a a C m coLO m � m ap 0 Lo to O (O (n O 't <t O Q V M r d' CO N O O CD O 0 N F- u1 C- 0 CC O a) a N N O C C E o OC 7 0 0 _ O m U U N E C C N E D _Cl C Q CO E Ol O U UO m () >+ N a) C o U) O m a) d 3 m w o C C U O _T m C (0 v- U o �c occ O O o U) w a o E E c w m = u ii c o c o 0 3 (u • O cv a c 4 t w m �` a� (a m e 3 : 4 a E w c 3 o E a c0 m a °� m .(n o m a) a) p Q V N m a m ° m c a > c a y a m a) > .Q1 y (n ` _ w c C v m o Y o 'E 'E m v a' o m U U U w o v En O 0 N 7 .T. 2 7 N � -0 Z G a U = -0 .>o CL °21 00 x N N CO L ►- z F- a (n 0 a (n W a Q (n a iL (n U 5 0 0 0 O 2 U w a. a` U in c U r N M �t to O h O m 1(� J;r 1�2 M D h o] O O N M C (n (D 1,1 r '- r r r N N N N N N N O 2 ao m u M C 7 cu m k co Vt; 7 C1 NOR r^> — a) C m y ul y n y � ca f/JE E O W u- m CD N m W W 0 Q m D � W y in (� .. i—' a) U f( • 0 O y CO O ) Ca Z Z Z� c m N Q U)'m co rn = y0 E m c=j CL =1 � 0 E a a> o a c - ---- --------------._..__...-------._..__._....----... ----- - -- ----------- --- - - m I- (D m ° cu Q ma m N E Wv In d J O 0WN 0 cu F-U 5 U '2 - W - n M €?T CL t coo t° :3 y 0d .. rn cn CLc Q N .n a� co m r 7 O .. O `--fr A)6 a`� Z a.0 ' ~ , 20 coo 19 ee, 4. M Z4 44 51 J lull J EP 411, 42 tz 2 725 411 34 jil as as 91 44 38/ 13 a 13 21/ Is r 33 I's il 25 14 is 00 Q al 4 5 is 12 17 19 9 F 12 17 00 cnrMAP e06o-4o6,w ATTACHMENT "E-j " LOCATION MAP wxponoxmR,mm (COUNCIL DISTRICT 4) kl���AT��� ��A�����| REHABILITATION ^^~ ^~~ ' ' ~ '' ` CHANNEL' ~ `^-� ' '^-' '^ ' '� '' '' ^~' ` U �� (4200 BUK LONG8TRAVVDRIVE) CONTRACT E: MISCELLANEOUS STRUCTURAL IMPROVEMENTS « am*c/p'MINOR onmwwos/wpnuvemswm mumumv.Lan *w ' � ^'`^~~^~~^^^^^^ PROJECT LIMITS | 40 a g 12 V 1 H a 2? 10J1 11 7 I If r 1] 7 2i 17 ' If s a• .. .�1 9 2, 'put ,9 � +s f IS�Q• d 1 ]wtltr f �-�- Iw tf If 1 ?•:C-r q 2 17 la 17 If t iy 2 ° u �P�� { n is a, ,{ t +• 1E ,] s If 17 7 7 t RO It 12.2 „ Is tl t, ] 7 a, If t 1w� 2• 1 -ii174 f r 2] ,Q� 9 i2 s C S 17 11 1s 4. a 2s Oy,l 0 /♦ tl 11 S , ri, 1■ ] � W h ? 11 O li ,? IS AofpRp 2 1 1 .5 i z 17 ? w f r R �Y \ n 6 J. SUR 19$ ] o' ap 1 u f o s s ' l it a l l 1449 Ic , T7laCT ,.w _ U f , � f 148 7 17lu 1 Of , Il 2 � 11J 2 F to 17 'f4•OA 9 t� It II 1 M .{ 1h1 `aa 1f ll { tl1 2A � u, r f V 1f tr �•�t li K h 1, 14 ,c PRI a 1MIL, 17 2s u RD• 9, s 11 ? f d 2c s { r l 2. » 22 If t 4. 7 ^ ' C (, 4 2? 1t 7 1 f b e A yGQ'V ))) Y ,f 1f 1.„Y,] ,E 'I 1{ i zs n a at i9 4S >n, �W m LH 0 E ppv r . 2s \V O L¢ S ��. in �.' • �'l• W J 29 v , 1 J 1�Q ce a '.t 17 t-`t•” s 1 ° j r t f 1 2 ] { ri :? •�}' o ]f 16d s T7 1{ 0- G f G T RIDGLER HrLIS A if ° pct, ELk?*m TRRY SCHOOL m In �l T{ Ic lb 59 14 t7 73 ��,• ,., ,,,3F �. ,t :2 7 21 20 a f To 1 r a 1. if in 103 to It l 11 ti Ir l ,f ,l 4. X0.0 tr Il 17 � a M ya t SUP Cy .. Is 1 ,7 ,s 14 '2 2 O��O ,t 77 „ If , ,1 7 �� Sa V' 4, 7l ]f'1 7s It 2 14 , ,l ]l R1, �p 14 t 1 ,C 1 IS ,. f f t7 ' ,f l it R ICER f 71 u ], to ' m CIr(MAP2018-37n,W ATTACHMENT ".E-211 LOCATION MAP MAPSCO 74 X ANDY j (COUNCIL DISTRICT 3) LUTHER CHANNEL REHABILITATION � N (4200 BLK. CUMBERLAND ROAD) CONTRACT E: MISCELLANEOUS STRUCTURAL IMPROVEMENTS LnLockwood,Andrews 2004 CIP.MINOR DRAINAGE IMPROVEMENTS b Newnam,Inc. 307 W.7th Street,Suite 1250 PROJECT LIMITS ,^ � �•~�a IJ •Y5. Y t i i .1Tit.30 � 7a M • nl.rrT. tL 12 t I ,• RJ 12- s z , ri > , 4 c (�5 E Itto R , OR ts Is 9 t• n t i8 t — .• lid"'. .� 1 •, -f iT^� is CANTEY STREET iE c 71.4 I J + ) 2 J �_ 9e t'— t♦ .rd kart a t. L14LS t t Zf i t) Q.- r 1• Y IS Q. 51 r b6'• Q t __y rt a ue f ',• l z ,t t TCU " ., I o ,y� ,. t7 24 a „ ({ s r. AAO, 1� e)_y I ,S 7 77 ,•rt ,s f7 ry IT ` \ 3 r �✓ S � .Z 4 S tt O,' S Is O 11 cr is 4 ml zf t-•-z , z 7' =: z 24 .tY,•.ts{•t 11l a 12 \ a r , - t, G e��-(C�. _y 1 1 ]]I •]';"; !'•7/1a7'Lt:�tS7�2),:2'2,I7.119i te. ^ f s {f f T �2{'.L�r '_ .:.11__ .Lv-"YRi 17 \) 01 KE tw• ,f7• CtTYMAP2o3"79,W ATTACHMENT "E-3" LOCATION MAP MAPsco 7s vAND z (COUNCIL DISTRICT 9) COLONIAL CHANNEL RAMP N (2500 BLK. CANTEY STREET) CONTRACT E: MISCELLANEOUS STRUCTURAL IMPROVEMENTS LanLockwood,Andrews 2004 CIP-MINOR DRAINAGE IMPROVEMENTS d Newnarn.Inc, 307 W.7th Street,suite 1250 PROJECT LIMITS Fort Worth,Tx 76102 NTS rage i of Y. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/11/2005 DATE: Tuesday, January 11, 2005 LOG NAME: 30CIPLOCKWOOD REFERENCE NO.: **C-20484 SUBJECT: Authorize Execution of Engineering Agreement to Lockwood, Andrews & Newnam, Inc. for Miscellaneous Drainage Improvements to Longstraw Channel, Luther Channel, Colonial Channel and Chaddybrook Channel RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Lockwood, Andrews & Newnam, Inc. in the amount of $58,179.64 for miscellaneous drainage improvements to Longstraw Channel, Luther Channel, Colonial Channel and Chaddybrook Channel. DISCUSSION: The 2004 Capital Improvement Program (CIP) includes funds for miscellaneous drainage improvements to be made to Longstraw Channel, Luther Channel, Colonial Channel and Chaddybrook Channel. The scope of the project consists of the preparation of plans and specifications for drainage improvements to Longstraw Channel, located between Buckwheat Street and Longstraw Drive from Strawberry Way to Beach Street; Luther Channel, located in the rear of residential lots within Block 3 of the Ridglea Crest Addition; Colonial Channel, located east of Simondale Drive; Alton Road, from Simondale Drive to Bellaire Drive; and Chaddybrook Channel, located between Chaddybrook Lane and Brittany Place from Riverside Drive northerly 500 feet. Lockwood, Andrews & Newnam, Inc. proposes to perform the necessary design work for a lump sum fee of $58,179.64. City staff considers this fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $5,600.00 is required for project management by the Engineering Department. Lockwood, Andrews & Newnam, Inc. is in compliance with the City's M/WBE Ordinance by committing to 15% M/WBE participation. The City's goal on the project is 15%. This project is located in COUNCIL DISTRICTS 3, 4, and 9, Mapsco 35R, S, and V; 74X and Y; and 75V and R. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C200 531200 201270009731- $13,853.89 http://www.cfwnet.org/council_packet/Reports/mc_print.asp ]�"'c' �1��`: 1/12/2005 A. rage z of L C200 531200 201270009732 $27,707.79 C200 531200 201270009733 $4,617.96 C200 531200 201270009751 $12,000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: A. Douglas Rademaker(6157) http://www.cfwnet.org/council_packet/Reports/Mc�_print.asp 1/12/2005