HomeMy WebLinkAboutContract 33325 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 Dunaway
Associates, L.P. (the "ENGINEER"), for a PROJECT generally described as: Intersection
Improvements— Hulen Street S. at IH 20.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full, including interest. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
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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
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.
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N 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
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conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that 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
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after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3)hereof. CITY shall give subcon-sultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect
prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non-owned when said vehicle is used in the
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course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and shall
contain a retroactive date prior to the date of the contract or the first date of
services to be performed, whichever is earlier. Coverage shall be maintained
for a period of 5 years following the completion of the contract. An annual
certificate of insurance specifically referencing this project shall be submitted
to the City for each year following completion of the contract.
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
(d) A minimum of forty-five (45) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the State of
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Texas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
(f) Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion, the ENGINEER may be required to
provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions
in writing.
(j) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be coincident with or prior
to the date of the contractual agreement. The certificate of insurance
shall state both the retroactive date and that the coverage is claims-
made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
(1) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
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The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
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,
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pipelines, and other components of the CITY's facilities as may be required in
connection with the ENGINEER's services. The CITY will be responsible for all
acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule in Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
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.
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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
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in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either 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 servicesi--- --
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C.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any
loss, cost, or expense claimed by third parties for property damage and
bodily injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party 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
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The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely to
be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by Sections
10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award shall
become final ninety (90) days from the date same is issued. If litigation is filed
by either party within said ninety (90) day period, the award shall become null
and void and shall not be used by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be 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
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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 1' day of , 20Q6
ATTEST: CITY OF FORT WORT
B :
Marty Hendrix Warc. Ott
City Secretary Assist nt City Manager
0-at
- 51 / Approval Recommended
Contract Authorizatioa
-(D-- A"4wwrg.
Date Douglas las Rademaker, PE
Director, Engineering Department
APPROVED AS TO FORM
AND LEG
/ DUNAWAY ASSOCIATES, L.P.
C �� ENGINEER
Assistan ity Attorney
By: zL , q7�&
Name' 'T613`C 15.. E
Title: _ VtC£ Qt YLPI t T
ENGINEERING AGREEMENT
January 4,2006
ATTACHMENT"A"
General&=.of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions
set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental
Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall
have precedence over the General Scope of Services."
GENERAL
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the City
regarding the scope of project so that the plans and specifications which are to be developed
hereunder by the Engineer will result in providing facilities which are economical in design
and conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be necessary
for the design of the proposed street, and storm drain and/or water and wastewater 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 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 the City and an amendment to the
contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays,
a mutually agreeable and reasonable time extension shall be negotiated.
6) Plan Submittal
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 15 of 19 wf2 ��+�L=i`
-7
V'
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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 16 of 19
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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 17 of 191v�:^� tiSV\%k
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 substitution 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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 18 of 19
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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05) 22
Page 19 of 19
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: PAVING AND/OR DRAINAGE 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 paving and/or storm drain
improvements for the following:
INTERSECTION IMPROVEMENTS
HULEN STREETS. AT IH 20
CITY PROJECT NO. 00274
DOE NO. 4977
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
PART A— PRE-ENGINEERING
1. Initial Data Collection
a. Pre-Design Coordination Meetings
ENGINEER will attend and document meetings, as required, to discuss and
coordinate various aspects of the project and to ensure that the project stays on
schedule. For purposes of establishing a level of comfort, two (2) meetings are
anticipated. These include the following:
One (1) pre-design kick-off meeting, (including TXDOT and the CITY's
Department of Engineering and other departments that are impacted by the
project).
One (1) review meeting at completion of the City's and TXDOT's review of
the conceptual engineering plans.
b. Data Collection
In addition to data obtained from the City, ENGINEER will research and
make efforts to obtain pertinent information to aid in coordination of the
proposed improvements with any planned future improvements that may
influence the project. ENGINEER will also identify and seek to obtain data
ENGINEERING AGREEMENT
January 3,2006
Page 21 of 28
for existing conditions that may impact the project including; utilities, City
Master plans, CITY drainage complaint files, existing applicable drainage
studies and property ownership as available from the Tax Assessor's office.
C. Coordination with Other Agencies
During the concept phase the ENGINEER shall coordinate with all utilities,
including utilities owned by the City, TxDOT and railroads. These entities
shall also be contacted if applicable, to determine plans for any proposed
facilities or adjustment to existing facilities within the project limits. The
information obtained shall be shown on the concept plans. The ENGINEER
shall show the location of the proposed utility lines, existing utility lines and
any adjustments and/or relocation of the existing lines within the project
limits. ENGINEER shall complete all forms necessary for City to obtain
permit letters from TxDOT and railroads and submit such forms to the City.
City shall be responsible for forwarding the forms to the affected agencies
for execution.
2. Schedule Submittal and Monthly Progress Report
The ENGINEER shall submit a project schedule after the design contract is
fully executed. The schedule shall be updated and submitted to the CITY
along with monthly progress reports as required under Attachment B of the
contract.
PART B -CONSTRUCTION PLANS AND SPECIFICATIONS
1. Conceptual Engineering
a. Surveys for Design
1) ENGINEER will perform 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 of buried utilities, structures, and other
features relevant to the final plan sheets. Existing drainage at intersections will
be verified by field surveys. Spot elevations will be shown on intersection
layouts with cross slope to fit intersecting grade lines.
b. ENGINEER will provide the following information:
All plans, field notes, plats, maps, legal descriptions, or other specified
documents prepared in conjunction with the requested services shall be
ENGINEERING AGREEMENT
January 3,2006 r ,
Page 22 of 28
✓Yo
provided in a digital format compatible with the electronic data collection
and computer aided design and drafting software currently in use by the
Department of Engineering. All text data such as plan and profile, legal
descriptions, coordinate files, cut sheets, etc., shall be provided in the
American Standard Code for Information Interchange (ASCII) format, and
all drawing files shall be provided in Autocad (DWG or DXF) format
(currently Release 12), or as otherwise approved in writing by the CITY,
and all data collected and generated during the course of the project shall
become the property of the CITY.
The minimum survey information to be provided on the plans shall include
the following:
1. A Project Control Sheet, showing ALL Control Points, used or
set while gathering data. Generally on a scale of not less than
1:400:
2. The following information about each Control Point;
a. Identification (e.g., Existing. City Monument #8901,
PK Nail, 5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate
system, and a referred bearing base. Z coordinate on
City Datum only.
C. Descriptive Location (e.g., Set in the centerline of the
inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast corner of North
Side Drive and North Main Street).
3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in
the same coordinate system, as the Control.
4. No less than two horizontal bench marks, per line or location.
5. Bearings given on all proposed centerlines, or baselines.
6. Station equations relating utilities to paving, when appropriate.
C. Public Notification
Prior to conducting design survey, ENGINEER will notify affected residents of
the project in writing. The notification letter shall be on company letterhead
ENGINEERING AGREEMENT
January 3,2006
Page 23 of 28
and shall include the following: project name limits DOE project No.,
Consultant's Project Manager and phone no., scope of survey work and
design survey schedule. The letter will be reviewed and approved by the City
prior to distribution.
d. Drainage Computations
ENGINEER will review and document the storm water watershed drainage runoff
area for inlets within the limits of the project. New, relocated inlets will be designed
in accordance with current City drainage standards. A drainage area map will be
drawn at 1" = 200' scale from available contour maps. This project scope does not
include an analysis of the existing storm drain system. The ENGINEER's
responsibility includes recommendations for improvements of the existing system
as deemed reasonable and consistent with City standards.
e. Conceptual Engineering Plan Submittal
1. Conceptual plans shall be submitted to City 135 days after Notice to
Proceed Letter is issued.
2. The ENGINEER shall furnish four (4) copies of the Phase 1 concept
engineering plans which include layouts, preliminary right-of-way needs
and cost estimates for the ENGINEER's recommended plan. The
ENGINEER shall also evaluate the phasing of the water, sanitary sewer,
street and drainage work, and shall submit such evaluation in writing to the
City as a part of the concept phase of the project.
2. Preliminary Engineering
Upon approval of Part B, Paragraph 1.e ENGINEER will prepare construction
plans as follows:
a. Drainage area maps with drainage calculations and hydraulic
computations. Information shown on the plans will be consistent with Part
A, Paragraph 1.d. for proposed condition.
b. Preliminary project plans and profile sheets which will show the following and shall be
on 11" x 17" sheets:
Property Ownership
Curb Lines
ENGINEERING AGREEMENT
January 3,2006
Page 24 of 28
Driveways
Medians (if applicable)
Sidewalks
Existing and proposed water and sanitary sewer mains.
C. Proposed roadway profile grades and elevations along each curb line; elevations at
all p.v.i.'s; p.i's half stations; high and low points; vertical curve information; and
pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing
ground at the left and right-of-way lines shall be shown. Existing found property
corners (e.g. Iron pins) , along the existing right-of-way shall be shown on the
plans. Profiles for existing and proposed storm drain mains and leads shall be
provided.
d. Existing utilities and utility easements will be shown on the roadway plan and
profile 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.
e. Preliminary roadway cross-sections will be developed, from the survey notes, at
intervals not-to-exceed 50 foot along the project length and will extend 10' past the
right of way line on both sides of the street. Additional cross-sections at important
features including driveways, p.i.'s of intersecting streets, (minimum distance of
100' along cross-street at each P.I.) walks, retaining walls, etc., will also be
provided. Profiles of centerline of driveways will also be provided where necessary.
Scale will be 1" = 10' horizontal and 1" = 2' vertical.
f. Street and intersection layouts.
g. Proposed plan/profile 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.
h. Furnish as a function of final plans, six (6) copies of the final cross-sections on 22"
x 34" sheets. Information on these sheets will include centerline station, profile
grades and centerline elevations, roadway section (existing and proposed), right-
of-way limits. Scale will be 1" = 20' horizontal and 1" = 2' vertical with cross
sections plotted with stationing from the bottom of the sheet, and will include
laterals and inlets. CITY policy with regard to parking design shall be maintained.
Excavation and embankment volumes and end area computations shall also be
provided.
ENGINEERING AGREEMENT , '1
January 3. 06
Page 25of26
L Right-of-Way Research
The ENGINEER will 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 appropriated based on
available information and recommendations will be made for approval by the City.
j. Right-of-way/Easement Preparation and Submittal
Preparation and submittal of right-of-way, easements and rights-of-entry will be in
conformance with "Submittal of Information to Real Property Division for
Acquisition of Property".
The preparation of ROW and easement acquisition documents is not included in
this scope. If these services are needed, a separate authorization request will be
submitted.
k. Utility Clearance Phase
The ENGINEER will consult with the City's Transportation and Public Works
Department, Water Department, Department of Engineering, and other CITY
departments, public utilities, private utilities, private utilities and government
agencies to determine the approximate location of above and underground utilities,
and other facilities that have an impact or influence on the project. ENGINEER will
design City facilities to avoid or minimize conflicts with existing utilities.
The ENGINEER shall deliver a minimum of 13 sets of approved preliminary
construction plans to the City's Utility Coordinator for forwarding to all utility
companies, which have facilities within the limits of the project.
I. Preliminary Construction Plan Submittal
i. Preliminary construction plans and specifications shall be submitted
to CITY 60 days after approval of Part B, Paragraph 1.e.
ii. The ENGINEER shall deliver two (2) sets of preliminary
construction plans to CITY for review. Generally, plan sheets shall
be organized as follows:
Cover Sheet
General Layout and Legend Sheet
ENGINEERING AGREEMENT
January 3,2006
Page 26 of 28
Drainage Area Map and Computations
Plan & Profile Sheets
Standard Construction Details
Special Details (If applicable)
iii. 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.
M. 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.
n. Public Meeting
After the preliminary plans have been reviewed and approved by the City, the
ENGINEER shall prepare project exhibits, provide the CITY with the database
listing the names and addresses of all residents and business to be affected by
the proposed project, and attend public meeting to help explain the proposed
project to residents. The CITY shall select a suitable location and mail the
invitation letters to the affected customers.
3. Final Construction Plan Submittal
a. Final Construction Documents shall be submitted to CITY 60 days after
approval of Part B, Paragraph 2 (b).
Following CITY approval of the recommended improvements, the ENGINEER
shall prepare final plans and specifications to CITY and TXDOT (each plan
sheet shall be stamped, dated, and signed by the ENGINEER registered in
State of Texas) Plan sets shall be used for Part C activities.
b. ENGINEER's Estimate of Probable Construction Cost
The ENGINEER shall submit a final estimate of probable construction cost
with the final plans submitted.
PART C - PRE-CONSTRUCTION ASSISTANCE
ENGINEERING AGREEMENT January 3,2006
MW
Page 27 of 28
Administration
a. Bid Documents Submittal
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. Proposal will be provided in electronic format.
b. Bidding Assistance
The ENGINEER shall assist the CITY during this phase including
preparation and delivery of any additional addenda prior to bid opening to
plan holders and respond to questions submitted to 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 in hard copy and electronic format and return four (4) copies of
the bid tabulation, along with the contract documents to the City within
three (3) working days after bid openings.
C. Assistance During Construction
The ENGINEER shall attend the pre-construction conference for the
project. No other construction phase activities are included.
ENGINEERING AGREEMENT
January 3,2006
Page 28 of 28
EXHIBIT "A-2"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
ADDITIONAL SERVICES
The following is a clarification of the tasks that the ENGINEER will perform under
ATTACHMENT "A". Work under this attachment includes engineering services for paving
and/or storm drain improvements for the following:
INTERSECTION IMPROVEMENTS
HULEN STREET S. AT IH 20
CITY PROJECT NO. 00274
DOE NO. 4977
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
1. DEVELOPMENT OF SCHEMATIC FOR PREFERRED ALTERNATIVE. Once the City
selects the preferred alternative, preparation of the schematic will begin. Schematic
design will include the following elements:
a. General project information including project limits, design speed, and functional
classification.
b. Existing and proposed profiles and horizontal alignments.
c. Lane lines and/or arrows indicating the number of lanes and the geometry of 3
reconfigured intersections
d. Traffic volumes and turning movement volumes.
e. An explanation of the sequence and methods of stage construction
f. The tentative right of way limits.
g. The geometrics (pavement cross slope, lane widths, slope ratio for fills and
cuts) of the typical sections of proposed road.
h. Location of retaining walls and structures
i. Existing roadways and structures to be closed or removed
j. Utilities (existing and proposed)
k. Drainage considerations
I. Railroad permits and requirements
m. Access to adjacent properties
n. Estimated project costs.
Deliverables for this task will be a Design Summary Report (in TxDOT's format), which
discusses the items listed above, and a final schematic plan, sealed by a licensed
engineer, showing the geometry and vertical profile of the Connector along with utilities,
proposed ROW, and proposed structures.
2 . TRAFFIC STUDIES.
a. Gather and review current traffic data at the following intersections (to be
collected by GRAM Traffic Counting):
EA2-1
o Hulen Street at Westdale
o Hulen Street at WB IH 20 Frontage Road
o Hulen Street at EB IH 20 Frontage Road
o Hulen Street at Barwick
o Hulen Street at Overton Ridge
PM peak period turning movement counts will be collected on a typical weekday
(Tuesday, Wednesday, or Thursday), Off-peak period counts will be collected on
a typical Saturday, and machine counts will be collected on entrance to Hulen
Mall, just south of the EB IH 20 Frontage Road.
b. Obtain current signal timing and phasing data from the City of Fort Worth.
Signal data should include cycle length, phase configuration, phase timing and
corridor progression data.
c. Identify additional data/information to be obtained from TxDOT and/or City.
d. Conduct site visit. Record as-built lane configuration, signing, striping, signal
head arrangement and signal timing. Observe and document queuing problems.
Review and confirm with City Engineer.
e. Develop Synchro analysis and evaluate existing operations along Hulen Street
from Westdale to Overton Ridge.
f. Develop Year 2010 traffic volumes to be used for operational analyses along
Hulen Street by applying a geometric growth rate (to be provided by the City).
g. Identify geometric or control refinements (up to two alternatives as described
below) and evaluate the network with improvements suggested along Hulen
Street in place :
1) Two advance LT, three through lane, free RT lane.
2) Two advance LT, three through lane with optional RT lane.
h. Review refinement evaluations with City. Re-evaluate based on City & Public
comments.
L Prepare report of findings and recommend improvements to the City.
3. ENVIRONMENTAL DOCUMENTATION.
ENGINEER will collect readily available data and conduct site visits to prepare the
Categorical Exclusion as follows:
a. Purpose and Need for Proposed Project: ENGINEER will identify items that can
be used to illustrate the purpose and need for the project.
b. Alternatives including Proposed Action: ENGINEER will identify alignment
options including the preferred alternative and the "no-build" alternative.
c. Existing Conditions and Area Mapping: ENGINEER will describe the existing
EA2-2 ���'1'
FT, ��' �
i
conditions within the project. Exhibits will include location map, plan and profile,
typical sections and U.S. Geological Survey (USGS) topographic map as
attachments.
d. Proposed Facility: ENGINEER will identify the proposed project, define the
project limits, identify the probable need of right-of-way for construction and/or
_drainage easements and identify utility adjustments. ENGINEER will coordinate
with the City of Fort Worth and TOOT to obtain this information.
e. Environmental Impacts: ENGINEER will identify and assess the social,
economic, and environmental effects of the proposed project. Assumptions
regarding the level of effort pertaining to specific report categories are
discussed below:
1) Natural Resources
A review of suitable habitat and potential impacts will be conducted for
threatened and endangered species. It is assumed that no impacts to wetlands
or jurisdictional waters will occur; consequently, preparation of a U.S. Army
Corps of Engineer permit is not included in this scope.
2) Hazardous Materials
A hazardous materials assessment and records search will be performed for
the project study area. ENGINEER will perform limited field reconnaissance of
properties that appear to be of concern. Evaluation of possible contamination
of sediments is not included in this scope.
3) Cultural Resources
No impacts to cultural resources are anticipated and will be noted as such in
the CE.
4) Agency Coordination: Coordination with State and federal agencies is not
included in this scope of work. Should agency coordination be required, it may
be added as an additional service.
f. Public Involvement
It is assumed that the City of Fort Worth will conduct all meetings with affected
property owners (MAPO). ENGINEER will attend these meetings and provide ten
copies of the summary document.
ENGINEER will also attend up to one public meeting. ENGINEER will assist in
preparing the environmental materials required for the meeting including up to
five display boards, up to 20 copies of an informational handout, sign in sheets
and comment cards. ENGINEER will also prepare the text for public notices to
be published in a local paper and sent to local citizens and public officials.
ENGINEER will not be responsible for publishing the notice in the paper,
mailing the notices to affected parties or securing a location for the meeting.
Upon completion of the public meeting, ENGINEER will prepare and submit ten
copies of the draft and final public meeting summary document.
EA2-3
g. Environmental Documentation
ENGINEER will prepare 10 copies of a preliminary draft, draft and final CE
report. The CE will be prepared in accordance with the National Environmental
Policy Act of 1969 and TOOT Fort Worth District guidelines, "Consultant
Guidelines for Writing Environmental Documents".
4. GEOTECHNICAL INVESTIGATIONS. The project, as currently planned, will consist of
adding additional lanes/turn lanes along Hulen Street below the 1-20 Bridge and
north/south of the bridge. The new pavement is planned to match the existing paving
section. As such, no pavement thickness calculations are required. Since portions of
the improvements will be within TOOT right-of-way, these borings will need to satisfy
the Standard TOOT Roadway Geotechnical Report.
For purposes of this proposal, it is assumed that all borings are accessible to truck-
mounted drilling equipment. In addition, it is assumed that underground utilities at
boring locations will be coordinated by ENGINEER.
a. Subsurface Exploration
Experienced drillers and technicians will evaluate subsurface conditions with the
following field program:
TOOT Borings —3 Borings to 20 feet
Additional Paving Borings— 3 borings to 5 feet
The field personnel will drill the borings using truck-mounted equipment.
Cohesive and non-cohesive soil samples will be obtained using 3-inch diameter
Shelby tube samplers and 2-inch diameter standard split-spoon samplers,
respectively. In addition, rock encountered will be evaluated by use of Texas
Department of Transportation (TxDOT) cone penetration tests. A soils logger
will extrude the samples in the field, check the samples for consistency with a
hand penetrometer, carefully wrap them to preserve their condition, and return
them to the laboratory for testing. A log of each boring will be prepared to
document field activities and results.
ENGINEER's personnel will stake the boring locations using normal taping
procedures. Approximate locations of the borings will be shown on the plan of
borings. Precise surveying of boring locations and elevations is not included in
the cost estimate. These services may be provided as Additional Services upon
request. At the completion of drilling operations, boreholes will be backfilled
with drill cuttings and plugged at the surface by hand tamping.
b. Laboratory Services
Considering the planned facilities, anticipated soil conditions and geology,
laboratory tests will be required for classification purposes, and to determine
strength characteristics. The following types of tests are therefore
recommended:
• moisture content and soil identification (TxDOT Test Method TEX-103-E)
EA2-4 C),1TY �E�u� �` V
pp�.(J
R i����`?TH1 TEX.
A
• percent passing #4, #40, and #200 sieves (TOOT Test Method TEX-
110-E, Part 1)
• liquid and plastic limit determinations (TOOT Test Method TEX-104, 105,
and 106-E)
• soluble sulfate testing (TOOT Test Method TEX-145-E)
• Eades and Grim lime series tests
The specific types and quantities of tests will be determined based on geologic
conditions encountered in the borings.
c. Engineering Services
An engineering report will be prepared to present the results of the field and
laboratory data together with our analyses of the results and recommendations.
We will provide three copies of the report. The report will address:
• general soil and ground-water conditions
• logs of borings per TxDOT's Wincore program
• PVR calculations and spreadsheet per TOOT requirements
• recommendations for pavement subgrade stabilization type and
concentration
• final report information per Standard TOOT Roadway Geotechnical
Report criteria
Items other than those specified above, which are revealed by these studies or are
necessitated by a change in project scope, may require revised field, laboratory, and
engineering services. These services, if required and requested, will be performed
as Additional Services.
5. SUBSURFACE UTILITY ENGINEERING (SUE). SUE work will be performed in
general accordance with the recommended practices and procedures described
in ASCE Publication CI ASCE 38-02 (Standard Guideline for the Collection and
Depiction of Existing Subsurface Utility Data). As described in the mentioned
ASCE publication, four levels have been established to describe the quality of
utility location and attribute information used on plans. The four quality levels
are as follows:
• Quality Level D (QUID")— Information derived from existing records;
• Quality Level C (QL"C") - QUID" information supplemented with information
obtained by surveying visible above-ground utility features such as valves,
hydrants, meters, manhole covers, etc.
• Quality Level B (QL"B") —Two-dimensional (x,y) information obtained through the
application and interpretation of non-destructive surface geophysical methods.
Also known as "designating" this quality level provides the approximate horizontal
position of subsurface utilities within approximately one foot.
• Quality Level A (QUA") — Also known as "locating", this quality level provides
precise three dimensional (x,y,z) information at critical locations by exposing
specific utilities. Non-destructive vacuum excavation equipment is used to
expose the utilities at specific points which are then tied down by survey.
EA2-5 C I Ri -3) �P,E A Y
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It is the responsibility of the SUE provider to perform due-diligence with regard to
records research (QL "D") and acquisition of available utility records. The due-
diligence provided for this project will consist of contacting the applicable "one call"
agency, utility owners, and nearby cities/municipalities; visually inspecting the work
area for evidence of utilities; contacting TxDOT to obtain a list of permitted utilities
located within the right of way; and reviewing the available utility record information.
Utilities that are not identified through these efforts will be here forth referred to as
"unknown" utilities. The defined work area will be scanned using electronic
prospecting equipment to search for"unknown" utilities. However, ENGINEER is not
responsible for designating and locating these "unknown" utilities.
a. Scope of Work
The scope of work may be modified during the performance of the SUE
fieldwork if warranted by actual field findings.
1) The scope of this proposal includes Quality Level B SUE only. The limits of
work extend along Hulen between Overton Ridge Blvd. on the south side of 120
to Overton Plaza on the north side of 120. The limits also extend east and west
of Hulen along the 120 frontage roads, approximately 750 feet in each direction.
Based on a preliminary investigation of the work area, ENGINEER expects to
encounter gas, telecommunications, water, traffic signal, and electric lines.
2) Once the processed survey data is received, a preliminary review of the data
will be performed to check for completeness and accuracy. Once this
preliminary review is complete the required SUE deliverables will be prepared.
b. Designating Procedures
Prior to beginning field designating activities, ENGINEER's field manager will
review the project scope of work and available utility records. Once these initial
reviews are complete, the field manager and technicians will begin designating
the approximate horizontal position of known subsurface utilities within the
specified project limits. A suite of geophysical equipment (electromagnetic
induction, magnetic) will be used to designate metallic/conductive utilities (e.g.
steel pipe, electrical cable, telephone cable). Non-metallic/non-conductive
utilities will be designated using other proven methods, such as rodding, and
probing. Where access is available, a sonde will be inserted into the utility line
(e.g. PVC gravity sewer pipe) to provide a medium for signal transmission,
which can then be designated using geophysical equipment. In instances
where access is not available (e.g. pressurized PVC water line), engineer
personnel will attempt to designate the utility by probing. ENGINEER's
personnel will utilize a vacuum excavation truck equipped with a high-pressure
water lance to conduct probing. When using probing methods to designate,
ENGINEER will vacuum excavate test holes periodically to provide positive
visual verification that the correct utility is being probed. Due to obvious
inefficiencies, probing will not be attempted in paved areas.
EA2-6
ENGINEER will establish routine/ordinary traffic control (cones and free
standing signage, etc.) whenever required as part of our standard pricing. If
non-routine traffic control measures are required (barricades, flag person,
changeable message board, etc.), these services will be considered extra.
Accurate collection and recording of designated utilities is a critical component
of the SUE process. Each utility will be labeled with a unique ID code. For
example, if two buried electric cables exist on the project, one will be labeled E1
and the other E2. Paint and pin flags will be used to designate the utilities in the
field. A labeled pin flag or paint mark will be used to mark each location where
a survey shot is required. Shot points will typically be placed at 100-foot
intervals on utilities running parallel to the alignment and at 50-foot intervals on
utility crossings. The locations will be numbered sequentially for each individual
utility line. For example, if there are 50 shots required on buried electric line E1,
the points will be numbered E1-1 through E1-50.
Preliminary field sketches depicting the designated utilities will be prepared for
use during subsequent surveying activities. These sketches will also be used to
check the survey information for completeness and accuracy.
c. Deliverables
ENGINEER will produce SUE plans depicting the type and horizontal location of
the designated utilities. The size of each utility will also be presented on the
SUE plans if this information is indicated on available record drawings.
6. SIGNING & PAVEMENT MARKING PLANS
Lane marking plans will be prepared. Signs will be located on the plans and also
shown in schematic pictorial format. Non-standard signs will be drawn in
sufficient detail to be fabricated.
7. STORMWATER POLLUTION PREVENTION PLANS
Engineer will prepare a Storm Water Pollution Prevention Plan (SW3P). This
applies to pollution prevention measures during construction. Plans for
temporary pollution control shall comply with the requirements for the NCTCOG
"Storm Water Quality Best Management Practices (BMP) for Construction
Activities" Manual. Engineer will prepare forms for submittal in accordance with
NPDES (National Stormwater Pollution Discharge Elimination Standards)
requirements.
8. TYPICAL SECTIONS
Typical sections will be developed for various locations along the alignment to
reflect proposed roadway pavement, base and subgrade thickness, pavement
FFI 1Alk IEC rD
EA2-7 y �E(7"E 11 V
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materials, cross-slopes, and embankment slopes.
9. ILLUMINATION PLANS
Illumination plans will include the proposed location of illumination facilities, electrical
circuit layouts of service lines to remain, to be removed, and/or to be relocated,
existing service poles, and ground boxes.
10. RETAINING WALL PLANS
Retaining wall plans will be developed at 2 locations along the alignment. It is
anticipated that a wall may be needed along SB Hulen in front of the Jack-in-the-Box
restaurant. A second wall may be needed at the SE corner of the IH20 / Hulen
intersection.
EA2-8
ATTACHMENT "B"
COMPENSATION AND SCHEDULE
INTERSECTION IMPROVEMENTS
HULEN STREETS. AT IH 20
CITY PROJECT NO. 00274
DOE NO. 4977
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of $214,877. Payment
of the total lump sum fee shall be considered full compensation for the services
described in Attachment "A" and Exhibits "A-1" and "A-2" for all labor, materials,
supplies, and equipment necessary to complete the project.
B. The Engineer shall be paid monthly as described in Exhibit "13-11", Section 1 -
Method of Payment
C. Each invoice is to be verified as to its accuracy and compliance with the terms of
this contract by an officer of the Engineer
II. Schedule
Final Plans and Contract Documents for letting shall be submitted within 355 calendar
days (Includes scheduled City and TXDOT review time.) after the "Notice to Proceed"
letter is issued.
A. Conceptual Engineering Plans (Schematic, Surveying, SUE, Traffic Study)— 135
calendar days
B. Preliminary Engineering Plans (60% Review Submittal)- 60 calendar days
C. Final Engineering Plans and Contract Documents (PS&E)- 60 calendar days
D. Final plans and Contract documents for bid Advertisement (TXDOT Austin
Processing)- 100 calendar days
2005164 AttachmentB&C-SRJ-06-0104.doc N L IIIY
EXHIBIT "B-1"
METHOD OF PAYMENT
(SUPPLEMENT TO ATTACHMENT "B")
INTERSECTION IMPROVEMENTS
HULEN STREETS. AT IH 20
CITY PROJECT NO. 00274
DOE NO. 4977
I. Compensation
Partial payment shall be made monthly upon City's approval of an invoice from the
ENGINEER outlining the estimated current percent complete of the total project.
The aggregate of such monthly partial fee payments shall not exceed the following:
Until satisfactory completion of Exhibits "A-1" and "A-2", Conceptual Engineering Plans
submittal and approval by the City, a sum not to exceed 35 percent of the maximum fee.
Until satisfactory completion of Exhibits "A-1" and "A-2", Preliminary Construction Plans
submittal, a sum not to exceed 60 percent of the maximum fee, less pervious payments.
Until satisfactory completion of Exhibits "A-1" and "A-2", Final Construction Plans
submittal and approval by the City, a sum not to exceed 90 percent of the maximum fee,
less previous payments.
The balance of the earnings, less previous payments, shall be payable after the Pre-
Construction meetings for the Project has been conducted.
II. Progress Report
A. The Engineer shall submit to the designated representative of the Director of the
Department of Engineering monthly progress reports covering all phases of the
design by the 15th of every month in the format required by the City.
B. If the Engineer determines in the course of making design drawings and
specifications that the opinion of probable construction cost of $ 1,023,529.00 (as
estimated in Exhibit "13-4") will be exceeded, whether by change in the scope of
the project, increased cost or other conditions, the Engineer shall immediately
report such fact to the City's Department of Engineering and, if so instructed by
the Director of the Department of Engineering shall suspend all work hereunder.
EB - 1
2005164 AttachmentB&C-SRJ-06-0104.doc
EXHIBIT "13-2"
HOURLY RATE SCHEDULE
(SUPPLEMENT TO ATTACHMENT "B")
INTERSECTION IMPROVEMENTS
HULEN STREETS. AT IH 20
CITY PROJECT NO. 00274
DOE NO. 4977
2005 Standard Rate Schedule*
Employee Classification Rate/Hour(or Range)
Principal $120-$200
Director/Senior Engineer $120-$175
Project Manager $120-$150
RPLS $65-$100
Design Engineer $70-$100
Designer/CAD Operator $55-$80
Survey Technician $50-$70
Draftsman $40-$70
Clerical $45-$60
Survey Crew $70-$110
Reimbursables Cost + 10%
Mileage $0.485 Per Mile
Reproduction work will be at current commercial rate. Subcontractors will be paid for at actual
invoice cost plus ten percent (10%).
*These rates are subject to adjustment after September 2006.
EB-2
2005164 AttachmentBBC-SRJ-06-0104.doc
EXHIBIT "B-3A"
(SUPPLEMENT TO ATTACHMENT B)
SUMMARY OF TOTAL PROJECT FEES
Engineering Design Services Associated with
Intersection Improvements
Hulen Street South at Interstate Highway 20
Project No. 00274
D.O.E. No. 4977
Consulting firm Prime Responsibility Fee Amount Percent
Prime Consultant
Dunaway Associates, L.P. Engineering & Project Management $100,521 46.8%
M/WBE Consultants:
Gorrondona &Associates, Inc. Subsurface Utility Engineering $17,150 8.0%
LopezGarcia Group Environmental Documentation $23,900 11.1%
Gorrondona&Associates, Inc. Topo & ROW Surveying $18,500 8.6%
Gram Traffic Counting Traffic Counts $2,148 1.0%
GM Enterprises Soil Borings $2,150 1.0%
Non-M/WBE Consultants:
CMJ Engineering, Inc. Geotechnical Engineering $5,250 2.4%
Turner Collie & Braden, Inc. Traffic Engineering Study $12,077 5.6%
Turner Collie & Braden, Inc. Permanent&Temporary Signal Design $33,181 15.4%
Total Fee Amount $214,877 100.0%
M/WBE Participation:
Gorrondona &Associates, Inc. $35,650 16.6%
LopezGarcia Group $23,900 11.1%
Gram Traffic Counting $2,148 1.0%
GM Enterprises $2,150 1.0%
$63,848 29.7%
M/WBE Goal: 25%
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2005164_Exhibit B_SRJ_12.16.05.xls EB3A-1 I T'y ���l ��� �7
V t' v 1a L
EXHIBIT "B-36" 1/3/2006
(SUPPLEMENT TO ATTACHMENT B)
PROFESSIONAL SERVICES FEE
SUMMARY
Engineering Design Services Associated with
Intersection Improvements
Hulen Street South at Interstate Highway 20
City Project No. 00274
D.O.E. No.4977
BASIC SERVICES
Engineering Design
Opinion of Probable Construction Costs X Curve A X 85%
$1,023,529 x 7.5% x 85%
$ 65,250
$ 65,250 6.38% of Construction Cost
SPECIAL SERVICES M/WBE
Topo Survey $ 20,350 $ 18,500 Gorrondona
Subsurface Utility Eng. $ 18,865 $ 17,150 Gorrondona
Environmental Doc. $ 26,290 $ 23,900 LopezGarcia Group
Geotech $ 8,140 $ 2,150 GM Enterprises (Drilling)/CMJ Engineering
Traffic Study $ 15,648 $ 2,148 Gram Traffic Counting
Traffic Control Plans $ 36,684 Dunaway/TC&B (Temp. Signals)
Schematic/DSR $ 18,000 Dunaway
SWPPP $ 2,260 Dunaway
Reproduction $ 3,390 Dunaway
$ 149,627 $ 63,848 29.7% M/WBE Participation
PROJECT TOTAL FEE $ 214,877
2005164 Exhibit B3B SRJ 06-0104.x1s E6313-1
119/2006
EXHIBIT "B-3131"
(SUPPLEMENT TO ATTACHMENT B)
FEE BREAKDOWN
Engineering Design Services Associated with
Intersection Improvements
Hulen Street South at interstate Highway 20
City Project No. 00274
D.O.E. No. 4977
A. SUMMARY OF TOTAL FEE
SERVICE DESCRIPTION Paving & Drainage TOTAL
Engineering & Project Management $ 167,522 $ 167,522
Survey& SUE $ 39,215 $ 39,215
Geotechnical Engineering& Borings $ 8,140 $ 8,140
Total $ 214,877 $214,877
B. BREAKDOWN OF PAVING& DRAINAGE FEE(Less Survey,SUE, & Geotechnical)
Total Fee(less SUE, Survey, and Geotech.)Breakdown by
Conceptual, Preliminary, and Final Design
a. Conceptual 30% $ 50,257
b. Preliminary 60% $ 100,513
c. Final 10% $ 16,752
$ 167,522
2005164—Exhibit B3BSRJ 06-0104.x1s E133131-1
ATTACHMENT "C"
AMENDMENTS TO STANDARD CONTRACT AND GENERAL SCOPE OF SERVICES
INTERSECTION IMPROVEMENTS
HULEN STREETS. AT IH 20
CITY PROJECT NO. 00274
DOE NO. 4977
The following are amendments to the General Scope of Services.
A. Delete Paragraphs 16 through 18 and replace with the following:
16) Final Approved Construction Plans
The Engineer shall furnish TxDOT with 1 set of mylars of Phase 4 final approved
construction plans and General Notes. The plans and General Notes shall be used
by TxDOT in obtaining bids, awarding contracts, and constructing the project.
17) Bidding Assistance
The Engineer shall assist the Owner and TxDOT as appropriate to interpret, clarify,
or expand the bidding documents. When substitution prior to the award of
contracts is allowed by the bidding documents, the Engineer will advise the Owner
and TxDOT as to the acceptability of alternate materials and equipment proposed
by the prospective constructors.
18) Recommendation of Award
It is anticipated that TxDOT will perform this task. No participation by the Engineer
is required.
B. Delete Paragraphs 22 through 26. These construction phase services are not included.
If these services are needed, a supplemental service authorization request will be
submitted.
2005164_AttachmentB&C-SRJ-06-0104.doc
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/28/2006
DATE: Tuesday, February 28, 2006
LOG NAME: 3030HULEN-DUN REFERENCE NO.: **C-21317
SUBJECT:
Authorize Execution of Engineering Agreement with Dunaway Associates, Inc., for Intersection
Improvements at Hulen Street and I.H. 20 (City Project No. 00274)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Dunaway Associates, Inc., in the amount of$214,877.00 for intersection improvements at Hulen Street
and I.H. 20.
DISCUSSION:
On September 17, 1996, (M&C C-15647) the City Council authorized the City Manager to execute a
Supplemental Agreement with the Texas Department of Transportation (TxDOT) for intersection
improvements on Hulen Street from I.H. 20 to Barwick Drive. As part of the development of the 1999, 2000,
2004 and 2005 Transportation Improvement Program, TxDOT approved additional funding and increased
scope of work necessary for the construction of the Congestion Mitigation and Air Quality (CMAQ)
improvement project.
The scope of work for this project consists of design and preparation of construction plans and contract
documents for the following:
. Dual left turn lanes on northbound and southbound Hulen Street at IH 20;
. Dual left turn lanes on northbound and southbound Hulen Street at Barwick Drive;
. Right turn lane from IH 20 eastbound frontage road to Hulen Mall entrance;
. Sidewalks and sidewalk ramps at the intersections; and
. Modification of traffic signals to accommodate the new turning lanes.
Dunaway Associates, Inc., proposes to perform the necessary design services for a lump sum fee of
$214,877.00. City staff considers this fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount, $34,163.00 is required for project management by the Engineering
Department.
Dunaway Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing
to 30% M/WBE participation.
This project is located in COUNCIL DISTRICT 3, Mapsco 89K. U01���yN� � rb
Logname: 3030HULEN-DLTN Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds will be available in the current capital budget, as appropriated, in
the Street Improvement Fund and the street and related improvements fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
3)GC13 531200 020130212130 $33.326.51
3)GS30 531200 020300212130 $107,720.00
3)C200 531200 203390027431 $9,723.49
3)C200 531200 203390027433 $16.752.00
3)C200 531200 203390027451 $39,215.00
3)C200 531200 203390027484 $8,140.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
NOW, HU
Logname: 3030HULEN-DUN Rage 2 of 2