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HomeMy WebLinkAboutContract 27021 1 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 Freese and Nichols, Inc., (the "ENGINEER"), for a PROJECT generally described as: Southside III Water Main Extension from Cleburne Crowley Road to the City of Burleson at Shannon Creek. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article 11 Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. (2) Monthly invoices will be issued by the ENGINEER for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving seven (7) days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. —1- CNN tc,F'� 0Fi'l'��u ft �; )F17H Vol o 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. -2- 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 qualify of performance by third parties; quality, type, -3- management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise(M/WBE) participation In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance 13471, 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 -4- provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3)hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photo copy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits which are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease- policy limit $100,000 disease- each employee Professional Liability $1,000,000 each claim/annual aggregate (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. -5- (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverages specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation, non-renewal or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non- payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self insured retentions, affecting insurance required herein may be acceptable to the CITY at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. (1) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless such are approved by the CITY. (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 -6- provided the ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (1) All insurance required in section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When insurance coverage is maintained by subconsultants, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. 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 -7- ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services and will provide labor and safety equipment as required by the ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment D. -8- 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 contractors negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. -9- (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, 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 eat the CITY's sole risk. The final designs, drawings, specifications and documents shall be owned by the CITY. -10- 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 (9) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with five (5) days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S 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. -11- F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties means the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 1. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be -12- 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. -13- 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 ATTEST: CITY OF FORT WORT 1 . L' ,2/L By: Iona Pearson Mike Groomer City Secretary Assistant City Manager e:llyn--3 Contract Authorization APPROVED Date A. Douglas Rademaker, P.E. Director, Engineering Department APPROVED AS TO FORM AND LEGALITY FRFFSF AND NI .HOLS, INC_ ENGINEER Assistant City Attorney Robert F. Pence, P.E. Senior Vice President SOUTNSME QCECv@ ATTACHMENT"A" General Scope.&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." GFNFRAL 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 Engineers 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 changes are required due to changes in the design of the facilities �' ju permitting authority. If such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the Department of Engineering and shall become the property of the City. City may use such drawings in any manner it desires; provided, however that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. PHASE 1 7) Right-of-Way, Easement and Land Acquisition Needs The Engineer shall determine the rights-of-way, easement needs for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights-of-way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights-of-way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four(4) copies each. 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 fumish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineers recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and 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 fumish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall fumish 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 fumish 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") The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT"A". Work under this attachment includes engineering services for water system improvements for the following: Approximately 23,500 feet of 36-inch Southside III Water Transmission Main from Cleburne Road to the future intersection of Hulen St. and the Sante Fe Railroad and Wholesale Customer Metering Stations. Upon receipt of notice to proceed, the ENGINEER will perform the following tasks. PHASE 1 — WATER SYSTEM ANALYSIS 1.1 Attend and document coordination meetings between City and participating Wholesale Customers. It is anticipated that five (5)meetings will be necessary during this phase of the project. 1.2 Review City of Fort Worth and Wholesale Customer Southside 11 and III projected water demands 1.3 Utilizing calibrated H2ONET Model, analyze short term water system improvements for the Southside 11 Pressure Plane south of Crowley Road. 1.4 Evaluate the feasibility and required system improvements to transfer service area along Hwy. I- 35 into the Southside III Pressure Plane. 1.5 Evaluate and verify size of proposed Southside III 36-inch water transmission system. 1.6 Develop cost sharing plan for participating wholesale customers along proposed Southside I1136- inch water transmission system. 1.7 Prepare and send three (3) copies of the Water System Analysis Memorandum outlining projected water demands, assumptions and recommendations for system improvements along Hwy. 1-35 and sizing of proposed Southside III transmission line with cost estimates and required in-service dates. A-1.1 TAFort Worth 36-inch lineVortworth36-proposal mze.doc PHASE 2—ROUTE ANALYSIS 2.1 Attend and document coordination meetings between City and participating Wholesale Customers. It is anticipated that three (3)meetings will be necessary during this phase of the project. 2.2 Conduct data collection to obtain pertinent information regarding existing utilities, existing right- of-ways, easement and land acquisition needs. ENGINEER will utilize Appraisal District Maps to indicate property ownership. 2.3 Coordinate route analysis with other agencies including utilities owned by City or WSC's, TX DOT, railroads, and franchise utilities. 2.4 Prepare a detailed route analysis for the proposed waterline examining a maximum of three alternative routes. The route analysis will be based upon construction cost, permitting requirements, right-of-way requirements, project schedule, system hydraulics and long term accessibility and maintenance. 2.5 Following the route analysis,the ENGINEER shall identified the proposed water transmission line route. Coordination meeting will be held with participating cities to discuss alignment and coordinate design issues. 2.6 Evaluate the impacts of selected route to existing utilities and streets and prepare an updated construction cost estimate. 2.7 Prepare and send Route Analysis Memorandum showing pipeline sizes and location, majoring existing conflicts and recommended easement requirements for various sections of the proposed water transmission project. PHASE 3—PRELIMINARY DESIGN 3.1 Attend and document coordination meetings with City and participating Wholesale Customers. It is anticipated that three (3)meetings will be necessary during this phase of the project. 3.2 Identify Wholesale Metering requirements for each wholesale customer. Metering sites along with land acquisition and accessibility requirements will be determined. 3.3 Obtain surveying permission through private properties. Public notification for conducting design survey shall be printed on surveying company's letterhead and shall include the project name,project limits, DOE project number, and survey schedule. 3.4 Conduct design survey for water transmission line and metering stations. Design surveys will include horizontal and vertical survey control for the entire length of the project with iron rods at all PI's and control points not to exceed 500 foot intervals. Survey will identify property boundaries, one foot topographic contours, roadway surfaces, utilities and other features needed for design and establishment of monumentation during construction. A-1.2 T:Tort Worth 36-inch line\fortworth36-proposal mze.doc 3.5 Conduct geotechnical analysis of proposed water transmission line to evaluate subsurface soil and ground water conditions along route and to assist in design of structures associated with the project. 3.6 The ENGINEER will conduct an evaluation to identify potential environmental permitting issues along the water transmission route as well as preparing a Corps of Engineers Nationwide 404 permit application for proposed stream crossings. 3.7 Perform conceptual design of the water transmission line and furnish four(4) copies of the concept engineering plans sheets which include layouts, tie-ins to existing waterlines and preliminary right-of-way needs. 3.8 After approval of conceptual design, the ENGINEER shall prepare and submit permanent and construction easement documents with exhibits and legal descriptions sealed by a registered surveyor. A maximum of thirty (30) easement documents are anticipated for the Southside III water transmission line. PHASE 4— FINAL DESIGN 4.1 Prepare highway and railroad crossing permits for submittal by City. 4.2 Consult with City's Water Department, Department of Engineering and other public and private utilities to determine approximate location of above and underground utilities. ENGINEER shall design proposed water transmission line to avoid or minimize conflicts with existing utilities. 4.3 Prepare project plan and profile sheets showing the following: Proposed water plan/profile and recommended pipe size, fire hydrants,water service lines, meter boxes, gate valves and all pertinent information needed to construct the project. Property ownership shall be provided on plan views. 4.4 Prepare project plan and profile sheets to show existing utility and utility easements and coordinate with utility companies if any future improvements are planned that may impact project. 4.5 Prepare standard and special detail sheets for the water transmission line that are not already included in the D-section of the City's specifications. These may include connection details, boring and casing details, and special embedment details. 4.6 Prepare plans and specifications for wholesale customer meterings. 4.7 Prepare and submit two (2) sets of 50% complete plans and specifications to City for review along with a revised estimate of the probable construction costs. 4.8 ENGINEER shall meet with the City to discuss review comments for the 50% plan submittal. The City shall direct the ENGINEER in writing to proceed with the Final Plans and Specifications. 4.9 ENGINEER shall proceed with SCADA and instrumentation design for wholesale metering A-1.3 TAFort Worth 36-inch line\fortworth36-proposal mze.doc stations for both City and wholesale customers including line of sight study, and determining required electrical supply and related appurtenances. 4.10 Prepare and submit 95%plans and specifications to City for approval and final review. 4.11 Following the City approval of the recommended improvements, the ENGINEER shall prepare and send two (2) sets of final plans and specifications and contract documents to the City. Each set shall be stamped, dated and signed by the ENGINEER. 4.12 ENGINEER shall submit final construction cost estimate with the final plan submission. PHASE 5—BIDDING AND AWARD 5.1 Deliver up to forty (40) sets of final bid documents to the City for distribution to potential bidders. 5.2 Assist City during bidding phase including preparation and delivery of addendums to plan holders,responding to questions and attending pre bid conference. 5.3 Assist City in opening, tabulation and analysis of bids received and furnish recommendations on the award of contracts or appropriate actions to be taken by City. 5.4 Assist City in the preparation of contract documents for construction contracts. PHASE 6—GENERAL CONSTRUCTION REPRESENTATION 6.1 Assist City in conducting one (1) pre-construction conference for the project with the Contractor. Review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract. 6.2 Review submittals and shop drawings associated with contract documents. 6.3 Conduct monthly field visits to observe progress and quality of construction. 6.4 Assist in the preparation of change orders or field orders as necessary. 6.5 Review Pay Requests and provide interpretations of plans and specifications. 6.6 Conduct,in company with City's representative,a final review of the Project for conformance with the design concept of the Project and general compliance with the Contract Documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). 6.7 Prepare one (1) set of reproducible Record Drawings based upon information provided by the City A-1.4 TAFort Worth 36-inch line\fortworth36-proposal mze.doc ATTACHMENT B COMPENSATION AND SCHEDULE 36-INCH SOUTHSIDE III WATER TRANSMISSION MAIN I. COMPENSATION A. The ENGINEER shall be compensated a total lump sum fee of$448,300 for Basic and Special Services as summarized on Exhibits `B-3" and"134". Payment of the total lump sum fee shall be considered full compensation for the services described in Exhibit"A-1" for all labor, materials supplies and equipment necessary to complete the project. B. Partial payment shall be made monthly as stipulated on Exhibit B-1 upon receipt of an invoice from the ENGINEER, prepared from the books and records of the ENGINEER. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the ENGINEER. Payment according to statements will be subject to certification by the Director of Engineering Department or his authorized representative that such work has been performed. II. SCHEDULE A. Phase I —Water System Analysis Memorandum will be submitted within 60 calendar days after the "Notice to Proceed". B. Phase 2—Route Analysis Memorandum will be submitted 60 calendar days after the "Notice to Proceed". C. Phase 3 —Preliminary Design including the preparation of permanent and construction easement documents will be completed 90 calendar days after the City selection of route and approval of Route Analysis Memorandum. D. Phase 4—Final Design including submittal of final plans, specifications and contract documents, and final construction cost estimate will be completed 60 calendar days after City's approval of Conceptual Design of the water transmission line. E. Phase 5 —Bidding and Award will be completed 60 calendar days after the City's approval of Final Design plans, specifications and contract documents. F. Phase 6—Construction will have and estimated completion date 9 months after contract award. B-1 TAFort Worth 36-inch line\fortworth36-proposal mze.doc EXHIBIT "B-1" METHOD OF PAYMENT (SUPPLEMENT TO ATTACHMENT "B") II. METHOD OF PAYMENTS The Engineer shall be paid in monthly partial payments as outlined below: A. The ENGINEER shall be paid in monthly payments upon the receipt of individual invoices for each partial payment request from the ENGINEER. B. Partial payments shall not exceed the equivalent of 18% of the total lump sum fee, until City approval of Exhibit A-4,Phase 1, Section 1.7 Water System Analysis Memorandum and Exhibit A-1,Phase 2, Section 2.7 Route Analysis Memorandum. C. Partial payments shall not exceed the equivalent to 57% of the total lump sum fee, less previous payments, until City approval of Exhibit A-1, Phase 3, Sections 3.6 and 3.7 Preliminary Design. D. Partial payments shall not exceed the equivalent to 78% of the total lump sum fee, less previous payments, until City approval of Exhibit A-1, Phase 4, Sections 4.11 and 4.12 Final Design. E. Partial payment number 4, which shall represent the balance of earnings, less previous payments, shall be payable after City approval of Exhibit A-1, Phase 6, Section 6.6 Certificate of Completion Review and 6.7 Record Drawings Submittal. II. PROGRESS REPORT A. The ENGINEER shall submit to the designated representative ofDrector of Department of Engineering monthly progress reports covering all phases of design by the 15`h of every month in the format required by the City. B. If the ENGINEER determines in the course of making design drawings and specifications that the construction cost estimate of$4,621,400 (as estimated in Exhibit`B-5") will be exceeded whether by change in scope of the Project,increased costs or other conditions,the ENGINEER shall immediately report such fact to the City's Director of the Department of Engineering and,if so instructed by Director of the Engineer Department,shall suspend all work hereunder. B-1.1 TAFort Worth 36-inch Iin6fortworthexhibitBl.doc EXHIBIT B-2 COMPENSATION A. LUMP SUM The total fee for Basic Services in Attachment SC shall be a lump sum fee of Four Hundred Forty-Eight Thousand Three Hundred Dollars(5448,300). If FNI sees the Scope of Services changing so that additional services are needed,including but not limited to those services described as Additional Services in Attachment SC,FNI will notify OWNER for OWNER's approval before proceeding.Additional Services shall be computed base on the Schedule of Charges. B. Schedule of Charges for Additional Work: POSITION MIN MAX PRINICIPAL 185.46 23536 SENIOR CONSULTANT 87.65 266.48 MANAGER-LOCAL OFFICE 147.66 183.00 GROUP MANAGER 158.76 196.42 SR DISCIPLINE LEADER 176.47 208.87 DISCIPLINE LEADER 82.90 179.07 PROGRAM MANAGER 104.36 130.45 ENGINEER VI 110.67 181.50 ENGINEER V 103.57 156.05 ENGINEER IV 91.82 119.05 ENGINEER INTERN Ili 81.50 103.80 ENGINEER INTERN II 72.97 9821 ENGINEER INTERN I 66.94 8325 ELECTRICAL ENGINEER VI 119.14 148.93 ELECTRICAL ENGINEER V 105.36 13828 ELECTRICAL ENGINEER IV 109.60 126.96 ELECTRICAL ENGINEER INTERN II 84.97 91.01 MECHANICAL ENGINEER VI 141.09 161.52 MECHANICAL ENGINEER IV 85.11 106.38 MECHANICAL ENGINEER INTERN 111 73.60 96.60 RESIDENT ENGINEER 115.75 151.93 SENIOR RESIDENT REPRESENTATIVE 90.11 168.68 CONSTRUCTION PHASE PROJECT MANAGER 82.07 114.74 SPECIALTY OBSERVER 79.60 104.47 SR DESIGNER 92.05 120.81 DESIGNER II 96.64 119.95 DESIGNER I 59.73 105.93 SENIOR ENGINEERING TECHNICIAN 91.57 106.83 ENGINEERING TECHNICIAN 68.54 93.82 TECHNICIAN II 57.12 8029 TECHNICIAN I 55.16 72.98 DRAFTER 47.12 58.81 ESTIMATOR/SCHEDULER 67.79 78.57 DOCUMENT CONTROL CLERK 46.81 58.51 ENVIRONMENTAL SCIENTIST V 89.25 105.30 ENVIRONMENTAL SCIENTIST IV 71.34 89.18 ENVIRONMENTAL SCIENTIST III 64.37 83.44 ENVIRONMENTAL SCIENTIST 1 53.73 58.81 SENIOR ARCHITECT 119.10 148.88 ARCHITECT V 110.71 131.09 ARCHITECT IV 81.96 102.45 ARCHITECT III 89.45 111.82 ARCHITECT 11 78.11 85.62 ARCHITECT I 62.30 72.42 HYDROLOGIST V 87.21 109.01 HYDROLOGIST IV 78.30 97.87 HYDROLOGIST I 56.80 71.00 GEOTECHNICAL ENGINEER VI 124.60 155.75 SENIOR GEOLOGIST 89.96 112.46 WORD PROCESSING/SECRETARIAL 46.91 54.99 OPERATIONS ANALYST 67.78 96.89 CONTRACT ADMINISTRATOR 66.90 83.63 INFORMATION SERVICES CLERK 35.24 46.14 CO-OP 24.13 48.73 The ranges and Individual salaries will be adjusted annually. RATES FOR INHOI JS .SERVICES Computer and CAD Caleomp Plotter PC CAD Stations $10.00 per hour Bond $2.00 per plot PC Stations $8.00 per hour Color $3.50 per plot VAX Computer $20.00 per hour Vellum $4.00 per plot Mylar $10.00 per plot Print Shop Bluelines $0.08 per square foot Offset and Xerox Copies $0.07 per single side copy Offset and Xerox Copies $0.14 per double side copy GBC Binding(Reg.Cover) $2.00 per book GBC Binding(Emboss.Cover) $4.00 per book Tape Binding(Reg.Cover) $1.75 per book Tape Binding(Emboss.Cover) $3.75 per book Testing Apparatus Density Meter $350.00 per month Gas Detection S 10.00 per test OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times a multiplier of 1.15.They include outside printing and reproduction expense,communication expense,travel,transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work,including costs of laboratory analysis,tests,and other work required to be done by independent persons other than staff members. FNI cpm:A 03-31-01 OWNER EXHIBIT "B-3" COST SUMMARY 36-INCH SOUTHSIDE III WATER TRANSMISSION MAIN SCOPE OF SERVICES Iters Total Fee Garcia& Terra-MarKADD& °fo Total Assoc.' Geotechnical Assoc:° MWBE Basis Services Route Analysis $43,500 $10,000 $0 1 $0 23.0 Preliminary Design $45,700 $0 $0 0.0 Final Design $102,500 $0 $10,000 9.7 Bidding&Award $23,500 $0 $0 0.0 General Const. Representation $42,500 $0 $0 0.0 Subtotal Basis Services $257,700 $10,000 $10,000 j 7.76% Special Services Water System Analysis $38,000 1 0.0% Surveying&Easements $102,300 $93,000 I 90.0% Environmental Permitting $22,000 E 0.0% Geotechnical Analysis $6,300 $5,700 ` 90.0% SCADA $22,000 0.0% Subtotal Special Services I $190,600 $93,000 $5,700 51.8% TOTAL $448,300 $103,000 $5,7001 $10,000 26.48% Proposed MWBE Sub-Consultants: Garcia&Assoc.—Route Analysis, Surveying, Easement Preparation $103,000 KADD &Assoc.—Drafting $ 10,000 Terra-Mar—Geotechnical Analysis $ 5,700 B-3 TAFort Worth 36-inch line\fortworth36-proposal mze.doc EXHIBIT B4 Southside III Water Transmission System Preliminary Estimate of Engineering Services Project Project Structural Electrical I.CADD Cost Word :' :Fstimeta Task - Phase 1-Water System Analysis - _ -.- Prindpal. Manager Engineer -Engineer -Engioeer :-r. Tech. Estimator Processor-ToW Hour :,.Tool Fc 1.1 Attend and Document Coordination Meetings 5 24 24 10 63 S6,47-3 1.2 Review Fort Worth/Wholesale Customer Southside II&III Demands 12 24 4 40 S3:-: 1.3 Analyze Short Term Water System Improvements for the Southside 11 Service 8 40 8 8 64 Area along Hwy.I-35 SS s= 1.4 Evaluate Feasibility to Transfer Service Area along Hwy.1-35 to Southside ID 8 33 8 49 Pressure Plane 1.5 Evaluate and Verify Size of Southside III Transmission Line 1.6 Develop Cost Sharing Plan for Participating Cities 2 3 4 16 r�-g 1.7 Prepare and Send Water System Analysis Memorandum 1 21 8 401 1 1 16 4 32 102 V.-r- Labor Cost Subtotal 1 91 67 1781 01 01 32 20 541 318 S31 =� Expenses Computer Expenses $2,500 CADD Expenses 52,500 General Expenses SI,000 Printing 5345 Expenses Subtotal Phase 1-Water System Analysis Subtotal S3&J" Project Project :Structural- Electrical ::CADD Cost .. Word ' .Total Estimates Task Phase2-Route Analysis Principd - ;. -: .Manager Engineer '.'Engineer ::;Engineer ..:.,Teel>_. ..Estimator :Processor Hoon TotalFx 2.1 Attend and Document Coordination meetings between City and Wholesale 2 14 14 4 34 53,E customer 2.2 Conduct Data Collection to obtain information of exisitng utilities,AO.W. 8 24 3 35 Z'=4 easement and land acquisition suss 2.3 Coordinate route anaylisis with other agencies 8 22 S 35 53,3, 2.4 Prepare a detailed route analysis for the proposed waterline and a maximum of 12 24 12 48 three alternative routes 2.5 Identify the proposed water transmission line route.Hold coordination meeting 4 16 20 4 2 46 $4,3=8 with participating cities 2.6 Evaluate impacts of selected route and prepare updated construction cost 6 14 4 16 40 Z--•r0 estimate 2.7 Prepare and submit Route Analysis Memorandum 2 41 I8 2 24 50 S3,-r.^ Labor Cost Subtotal 8 "1 13610 il-251 18 33 288 S 24 Expenses Computer Expenses - 52,104 CADD Expenses $2,000 General Expenses 51,415 Printing 5759 Subconsultant with 100.markup 511,000 Expenses Subtotal Phase 2-Route Analysis Subtotal 543�0 Task Pha3s3-Preliminary Design PrincipalProject Project :Structural. Electrical CADD - Cost Word' Total Estimarms! . Manager Engineer Engineer Engineer Tecb-.::.:,Estimator Processor `.Hour Total Fs 3.1 lAttend and document coordination meetings with City and wholesale customer 3 20 20 3 46 $-L,= 3.2 Identify Wholesale Metering requirements for each wholesale customer 2 4 2 8 S`3 3.3 Obtain surveying permission through private properties 2 4 8 14 S:_+ 3.4 Conduct design survey for water transmission line and metering stations 2 9 16 27 SZ.-V 3.5 Conduct an environmental impact evaluation for potential environmental 16 220 8 16 260 S=LR permitting issue 3.6 Perform conceptual design of the water transmission line 2 30 85 8 6 140 8 9 288 5=,_%U 3.7 Prepare and submit permanent and construction easement documents 2 24 8 34 S"�9 Labor Cost Subtotal 5 74 3"1 81 31 172. 8 36 677 S 5 Expenses Computer Expenses $4,035 CADD Expenses 52,580 General Expenses SI,500 Printing SI,640 Geotechnical Subconsultant with 101.markup 56,300 Surveying Subconsultant with 101.markup 5102,300 Expenses Subtotal 511 Phau3-Preliminary Desi Subtotal S 1763801, Task Phase 4-Final Design Principal Project Project Structural Electrical CADD Cost Word Total Estimated - Manager Engineer Engineer Engineer -Tech. :- Estimator Processor Hours Total Fee 4.1 Prepare highway and railroad crossing permits for submittal by Ciry 2 24 6 2 34 52,899 4.2 Consult with City's Water Department and appropriate utilities to determine 3 24 27 $2,495 location of above and underground utilities 4.3 Prepare project plan and profile sheers with pertinent information for 2 10 32 12 12 45 113 $9,292 construction 4.4 10 20 24 54 54,677 Prepare project plan and profile sheets of existing utilities and utilities easements 4.5 Prepare standard and special detail sheets for information not contained in D- 10 43 20 73 $6,444 section of City's specifications 4.6 Prepare plans and specifications for wholesale customer meterings 8 241 20 20 40 12- 124 59,239 4.7 Prepare and submit 500%complete plans and specs and revised estimate of 45 120 12 16 80 32 40 345 527,401 probable construction costs 4.8 Meet with City to discuss review comments of 500.plan submittal 4 4 4' 4 16 51,748 4.9 Perform SCADA and instrumentation design for metering stations 4 20[- 80 104 54,656 4.10 Prepare and submit 95%plans and specifications 16 401 16 16 60 12 160 512,489 4.11 Prepare and submit final plans and specification;contract documents 8 40 60 12 120 59,353 4.12 Submitt final construction cost estimate 2 4 16 4 24 4 54 54,147 Labor Coat Subtotal 8 124 407 60 152 335 56 82 1224 594,842 Expenses Computer Expenses 57,150 CARD Expenses 55,020 General Expenses 54,000 Printing 52,488 Subconsultant with IOY.markup SI1,000 Expenses Subtotal 529,658 Phase 4-Final Design Subtotal S1244N Task Phases-Biddiagaod Award Prim !Project :Project Struetarat::Electrical : CADB;: Cost ,i Wood Total_ Estimated'. .. .. Manager 'Eogiaeer -Eagiaser Engineer::. Tee6. Estimator Processor HoanJ, TotalYea 5.1 Deliver up to forty sets of final bid documents 2 4 1 321 38 52,078 5.2 Assist City during bidding phase 8 16 24 $2,370 5.3 Assist City in opening,tabulation and analysis of bids and famish 4 16 40 10 4 74 $7,083 recommendations on award of contracts 5.4 Assist City in preparation of contract documents for construction 2 8 40, 8 58 $5,284 Labor Cost Subtotal 6 34 100 0 0 0 le 44 194 516,815 Expense Computer Expenses 51,552 CADD Expenses s0 General Expenses SI,000 Printing 54,133 Expenses Subtotal 56,685 Phasic 5-Bidding and Award 523,500 Task Phese6=General Constroetiou Rcpreseatatioo Principal Project '::Project_::Structural Electrical CADD - Cost Word Total. Estimated Managerer.. Engine - Engineer Eopoeer. :Tech Estimatoe Processor Hoam TotalFee 6.1 Assist City in condcting preconstruction conference and review contractoes 4 81 4 8 24 51,677 schedules 6.2 Review submittals and shop drawings associated with contract documents 10 24 24 8 96 57,517 6.3 Conduct monthly field visits to observe progress and quality 2 10 30119 14 8 73 56,011 6.4 Assist in the preparation of change orders or field orders as necessary 10 20 9 9 16 8 72 S5,711 6.5 Review Pay Requests and provide interpretations of plans and specifications 8 24 16 48 54,113 6.6 Conduct final review of the project for conformance,review and comment on 4 16 401 9 9 78 $7,489 certificate of completion and recommendation for final payment 6.7 Prepare one set of reproductible Record Drawings 8 8 24 2 42 $2,760 Labor Cost Subtotal 6 58 1601 51 681 40 16 34 4331 535,277 Expenses Computer Expenses 51,400 CADD Expenses 5900 General Expenses 53,000 Printing S1,923 Expenses Subtotal 57,223 Phase 6-General Construction Representation 542.500 FNI TOTAL ENGINEERING SERVICES 5418,300 EXHIBIT "11-5" ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST 36-INCH SOUTHSIDE III WATER TRANSMISSION MAIN Item ' Units Quantity Unit Cost Cosh 36" Water Line L.F. 23,500 $130 $3,055,000 Hwy. & Railroad Borings L.F. 500 $600 $300,000 Wholesale Meter Vaults Ea. 3 $190,000 $570,000 Electrical & SCADA LS 1 $100,000 $100,000 Misc. Fittings&Valves @ 5% LS 1 ' - $152,800 Trench Safety L.F. 23,500 $1 $23,500 Subtotal $4,201,300 10% Contingency $420,100 TOTAL $4,621,400 B-5 TAFort Worth 36-inch line\fortworth36-proposal mze.doc ATTACHMENT"C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A CAPITAL IMPROVEMENT PROJECTS PROJECT NUMBER: WATER P161-060161141010 DOE#3146 None C-l.l TAFort Worth 36-inch line\fortworthexhibit B1 final.doc City of Fort Worth, Texas �A�ar And Council communication DATE REFERENCE NUMBER LOG NAME PAGE 8/14/01 **C-18713 30SOUTH 1 of 2 SUBJECT ENGINEERING AGREEMENT WITH FREESE AND NICHOLS, INC. FOR SOUTHSIDE III WATER MAIN EXTENSION FROM CLEBURNE CROWLEY ROAD TO THE CITY OF BURLESON AT SHANNON CREEK RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Freese and Nichols, Inc. for a fee not to exceed $448,300 to prepare plans and specifications for the Southside III water main extension from Cleburne Crowley Road to the City of I Burleson at Shannon Creek. DISCUSSION: The Fort Worth Water Department and three wholesale customers (Bethesda Water Supply Corporation and the cities of Burleson and Crowley) have come to an agreement to address the provision of water service to the south Fort Worth area. The City's water plan shows that a new delivery point from the Southside III water main pressure plane is needed to accommodate new growth in the Fort Worth extraterritorial jurisdiction, as well as wholesale customers. This proposed system will provide a secondary feed to these customers which is recommended by the Texas Natural Resources Conservation Commission. These wholesale customers have agreed to participate in the cost of engineering and construction based on the capacity of each customer's need. The engineering services to be performed under this contract consist of the preparation of plans and specifications for the extension of approximately 27,000 linear feet of 36-inch Southside III water main extension from Cleburne Crowley Road to the City of Burleson at Shannon Creek, including wholesale customer metering stations for the cities of Bethesda, Burleson and Crowley. Freese and Nichols, Inc. proposes to.perform the design work for a lump sum fee of $448,300. Staff considers this fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $45,000 is required for project management by the Engineering Department. Freese and Nichols, Inc. is in compliance with the City's M/WBE Ordinance by committing to 27% M/WBE participation. The City's goal on this project is 27%. This project is located in COUNCIL DISTRICT 6, Mapsco 117 and 118. City of Fort Worth, Texas *V01yor And Council Communication DATE ' REFERENCE NUMBER LOG NAME PAGE 8/14/01 **C-18713 30SOUTH 2 of 2 SUBJECT ENGINEERING AGREEMENT WITH FREESE AND NICHOLS, INC. FOR SOUTHSIDE III WATER MAIN EXTENSION FROM CLEBURNE CROWLEY ROAD TO THE CITY OF BURLESON AT SHANNON CREEK FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current budget, as appropriated, of the Water Capital Projects Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPROVED Originating Department Head: CITY COUNCIL Douglas Rademaker 6157 (from) AUG 14 2001 P161 531200 060161141010 $493,300.00 yy Additional Information Contact: O City Secretary of the Douglas Rademaker 6157 City of Fort WorU,Texas City of Fort Worth, Texas Imayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/14/01 **C-18713 1 30SOUTH 1 of 2 SUBJECT ENGINEERING AGREEMENT WITH FREESE AND NICHOLS, INC. FOR SOUTHSIDE III WATER MAIN EXTENSION FROM CLEBURNE CROWLEY ROAD TO THE CITY OF BURLESON AT SHANNON CREEK RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Freese and Nichols, Inc. for a fee not to exceed $448,300 to prepare plans and specifications for the Southside III water main extension from Cleburne Crowley Road to the City of Burleson at Shannon Creek. DISCUSSION: The Fort Worth Water Department and three wholesale customers (Bethesda Water Supply Corporation and the cities of Burleson and Crowley) have come to an agreement to address the provision of water service to the south Fort Worth area. The City's water plan shows that a new delivery point from the Southside III water main pressure plane is needed to accommodate new growth in the Fort Worth extraterritorial jurisdiction, as well as wholesale customers. This proposed system will provide a secondary feed to these customers which is recommended by the Texas Natural Resources Conservation Commission. These wholesale customers have agreed to participate in the cost of engineering and construction based on the capacity of each customer's need. The engineering services to be performed under this contract consist of the preparation of plans and specifications for the extension of approximately 27,000 linear feet of 36-inch Southside III water main extension from Cleburne Crowley Road to the City of Burleson at Shannon Creek, including wholesale customer metering stations for the cities of Bethesda, Burleson and Crowley. Freese and Nichols, Inc. proposes to perform the design work for a lump sum fee of $448,300. Staff considers this fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $45,000 is required for project management by the Engineering Department. Freese and Nichols, Inc. is in compliance with the City's M/WBE Ordinance by committing to 27% M/WBE participation. The City's goal on this project is 27%. This project is located in COUNCIL DISTRICT 6, Mapsco 117 and 118. City of Fort Worth, Texas 4velyor And cou""'I Communication DATE REFERENCE NUMBERLPA OG NAME GE 8/14/01 **C-18713 30SOUTH 2 of 2 SUBJECT ENGINEERING AGREEMENT WITH FREESE AND NICHOLS, INC. FOR SOUTHSIDE III WATER MAIN EXTENSION FROM CLEBURNE CROWLEY ROAD TO THE CITY OF BURLESON AT SHANNON CREEK FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current budget, as appropriated, of the Water Capital Projects Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) *P �1 RovEAa' q Mike Groomer 6140 CITY COUNCIL Originating Department Head: AUG 14 Z001 Douglas Rademaker 6157 (from) P161 531200 060161141010 $493,300.00 64 -11 Information Contact: u-a1 city l emiary of the City of Fort Word,Tezaa Douglas Rademaker 6157