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Home My WebLink AboutContract 34081'� s Y �;� �"°��`TA��'r .,, a ,�. � 1�� _� i= CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and A.N.A. (the "ENGINEER"), for a PROJECT generally described as: Consultants, L.L•C.� Sewer Main Replacement on Pavement Reconstruction and Water and Sanitary Westcreek Drive (Medina Ave to Bilglade Ave from Bilglade Rd to WestField Ave) Article I Scope of Services q, The Scope of Services is set forth in Attachment A. Article II Compensation q, The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be rnade as follows: q. Invoice and Payment � The Engineer shall provide the City sufficient documentation to reasonably ( ) substantiate the invoices. �2) (3) (4) The ENGINEER will issue monthly invoic as ableawith nr 30 days of ece pt r this AGREEMENT. Invoices are due and p y Upon completion of services enumerated in A{ of the f nalfinvopeyment of any balance will be due within 30 days of rece p In the event of a disputed or contested billing, u{eY� tho� on�will be pa d e The will be withhe l d from p a y m e n t, a n d t h e u n d i s p p CI T Y wi l l exe rcise reasonableness in contestion of t e'Ibill'ng�un ti l utual l y No interest wi l l accr u e o n a n y c o n t e s t e d p o r t resolved. 5 If the CITY fails to make payment in full to ENGINEER for billings conteafter �) in good faith within 60 days of the amount due, the ENGINEER may, giving 7 days' written notice to CITY, su pe e t seNn e{he everntthof AGREEMENT until paid in full, including suspension of services, the ENGINEER Seclause of su h'Isu pension fof delays or damages caused the CITY b services. �-� R�G1��/��_ Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. q, General The ENGINEER will serve as the CITY's professioeerinnclonsultation and advice under this Agreement, providing professional engin 9 and furnishing customary services incidental thereto. g, Standard of Care Th e standard of care applicable to the ENGINEER's services will be the�deg eo al skill and diligence normally employee same orss mila�serv�ces at the time such engineers or consultants performing th services are performed. C. (1) (2) Subsurface Investigations The ENGINEER shall advise the CITY withtesgs rtest borings,eorl other subcontract work such as special surveys, � Work to subsurface investigations in connecti GINEER shallaal�sonadvisel he CITY be performed hereunder. The EN concerning the results of same. Such survsess tec f ed n Atta hment AS shall be furnished by the CITY, unless otherw p In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly be�{hanSwhe e I observat onss and sample intervals and at locations oth ex loration, and investigations have been mad ha B ed u or � unant c pated p 9 uncertainties in subsurface evaluations, 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. p, Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original d roved byfC�NaWhichnshall reproducible plastic film sheets, or as otherwuse suph drawings in any manner it become the property of the CITY. CITY may ires� rovided, however, that the ENGINEER shall n�Oe bebed here nthe use of des , P ro ect other than the PROJECT such drawings for any p 1 E, Engineer's Personnel at Construction Site ENGINEERING AGREEMENT JANUARY 1, 2005 Page 2 of 21 � V � ��, �- �,-; . � ��'',;, ; � :;��,� i �.,, �JG�1 �I,�' ;1b•t�,��trrlr� ��i��': ��.; J U U �:1 C'�; ��;�� U� `�J. � ; �.n ,,^c,S�i� 5��n ; 'Jy �! o .'; �;� 1: u �1 � u �:5•�: a ....�i �._-�. , _ ji ,♦ �: ( i r . g .' �\� � 1 � � �_ . ` + ; ;" � � � CITY OF FORT WORTH, TEXAS ' �{ �`� -�- �_ STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and A.N.A. Consultants, L.L.C., (the "ENGINEER"), for a PROJECT generally described as: Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Westcreek Drive (Medina Ave to Bilglade Ave from Bilglade Rd to Westfield Ave) 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: Invoice and Payment The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. 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. __-_�- _-_ ��-.� , . .,�, �,��i � �,�s< < �� . � ,t� �t�� C ��J�'��' �5'�!�;L��`�;��,i �7 ..,�;,,nc�'�U �'?� ,�j I� •tTul. ct��ili � II.2i� J �a .,�:iJ�.�I�l� II .� .�.. � � � � �� e �j, . 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 E[VGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site ENGINEERING AGREEMENT JANUARY 1, 2005 Page 2 of 21 � � �' l_ I ' iJ i JV7:.. 1:�.1:"�,:��L��... ^ r',i [�';I�� r;�?�� i�� ' .7 J � � ,: �C �'�� }; _C,' ii;-' � `; �� r ��;�irii�' y' l� � �^ , .�,:;l.��n'� ��' �� (1) The presence or duties of the ENGI eSEorSotherw se, I do not�make tthe site, whether as on-site representativ ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the C�N�tion�cont actors or ny other erntity of entities, and do not relieve the construc their obligations, duties, and responsibiliues I seuuences,t andl� proe edures construction methods, means, techniq , q necessary for coordinating and comp�Do g mle ns andsanythealthnorrsafety work in accordance with the Contract precautions required by such construction work. The ENGIN coR truc�tion personnel have no authority to exercise any control over any 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 visit rsonnel shallehaved no obl'gation or Attachment A, the ENGINEER or its pe responsibility to visit the constructionrk on the PROJECTaor to d term nhe, progress or quality of the completed wo erformed in a manner in general, if the work on the PROJECT is being p indicating that the PROJECT, when com nletedthellCont a t Doc�uments Ior the Con trac t D o c u m e n t s, n o r s h a l l a n y t h g the agreement between CITY and ENGINEER be construed as requirmg ENGINEER to make exhaustive °otherwise�heck thetquality ortquanti y discover latent defects in the work or of the work on the PROJECT. If, for ansis of such on-si eGobservatSons,l� make an on-site observation(s), on the ba any, the ENGINEER shall endeavo ents k omingeto Ithe lactuale�notice of devia tion f r o m t h e C o n t r a c t D o c u m ENGINEER regarding the PROJECT. 3 When professional certification of performance ° ired to cterforlm the () materials, systems or equipment is reasonably req p services set forth in the Scope of Servic h�matenals,l syst mss olr equ pmeed to rely upon such certification to establis and performance criteria to be required in the Contract Documents. F, Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinio e off pe�aaatlionc�ntac�co dance wth current available information at the tim p p Attachment A. (2) In providing opinions of cost, financi OJECT,Sthe ENGINEERehas Ilno projections, and schedules for the PR control over cost or price of labor a{dr s thatamayuaffect perationeor conditions of existing equipment or struc rocedures and market conditions; maintenance costs; competitive bidding p ENGINEERING AGREEMENT JANUARY 1, 2005 Page 3 of 21 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 befinreen 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 C �5"3c� In accord with City of Fort Worth Ordinance No. ��0�; 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. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 4 of 21 J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in 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 or $250,000 property damage $500,000 bodily injury per person per accident A commercial business auto policy shall provide coverage on "any auto", ENGINEERING AGREEMENT JANUARY 1, 2005 Page 5 of 21 defined as autos owned, hired and non-owned during the course of this 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 $2,000,000 aggregate Professional Liability Insurance shall be written on a project specific basis. The retroactive date shall be coincident with or prior to the date of this contract and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of this contract and for five (5) years following completion of the contract (Tail Coverage). An annual certificate of insurance shall be submitted to the City for each year following completion of this 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 according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptak�le 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 ENGINEERING AGREEMENT JANUARY 1, 2005 Page 6 of 21 insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (fl 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. (j) 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. (k) 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. (I) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When subconsultants maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Nofinrithstanding 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. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 7 of 21 �, � I ' , , � il �li4i�ji� •f I�t�� r�i��,!,1'��' �.i�l�\:15=� 15::',�iJw�ji�j � ��J�l' �'��:;1'!�`��,� �1: �i' _ �J�' � .V,,, �, , , ' U t��(;� ;� o V1.�Jli 9�t : M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. 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 shouid 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. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 8 of 21 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 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. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 9 of 21 (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. H. Contractor Claims and Third-Party Benefciaries (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. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 10 of 21 (3) J. The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. 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 at the CITY's sole risk. The final designs, drawings, specifications and documents shall be owned by the CITY. C. Force Majeure The ENGINEER is not responsible for damages or delay in perFormance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 11 of 21 � -, , , , �; �� i� ! �r � /:li, ;� �� , J�.�J:- �s �.� ,:��. �:� r N1 �i� �:Il��'i/��i:5��'j� I`��;� .a, � �; �'.�'(� �r � , , :, G; �� q 2 => S��r ��„ l�s .� o�::LJ�� J�GSe D. Termination (1) The CITY may terminate this agreement for its convenience on 30 days' written notice. Either the CITY or the ENGINEER for cause may terminate this AGREEMENT if either party faifs substantially to perForm through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. 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 befinreen 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). ENGINEERING AGREEMENT JANUARY 1, 2005 Page 12 of 21 �1. �, N �� ,� ��1; ,�:. ;,� i '��:��:J��.�J ' ��J�'� ��r�;a��!g1,;�'!�/ G �' s �. �t �� ,,c; ;j � �;;, °,7 � �4''i; ' i +':J �a'i �I U� � l U i� � f �.� • 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. 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 inediation 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. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 13 of 21 K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 14 of 21 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 � day of `� �! ., 20 G�. ATTEST: Marty Hendrix City Secretary �• ' /\�r� �� -_ Co�a rac� Authorizatio� _; � �- Date APPROVED AS TO FORM AND LEC.��CL1TY / �"� �f�.1��1 . ENGINEERING AGREEMENT JANUARY 1, 2005 Page 15 of 21 _� CITY OF F ORTH By: Mar . A. Ott Assistant City Manager Approval Recommended D uo gla R emaker, PE Director, Engineering Department :►_ •� .� - . , / ' - � - -- ►.��- ►�. . = .• - - - - - .-� ..... ��'` ' -' � ��'r��,�1.�"�� ;�5�,;��r.� '; ,v?��ii j��,�`��l,�,l},�;,, F � t i '� � 1 � h {!f ��i7��,\:/��. ��I �Li .�.�-�. � ✓�9 � ATTACH M E NT "A" -�- ..- . -� - "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. " ► :: 1) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed street, and storm drain and/or water and wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet thei�r requirements. 3) Geotechnicallnvestigations 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 ENGINEERING AGREEMENT JANUARY 1, 2005 Page 16 of 21 7) 8) 9) 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 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. 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. 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. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 17 of 21 � ; c1' c�5 1 v l� J'�..>>> .� 1.s,,, «J,:.� % �Nr��'� '��.��`��,��i�(��p�a l7 J � c� v li J� i� i: 7� �f �� r �. -,� .,r, �r�t.r.'Y', �j� ,L'° S('?'� �"{ �>> :'vJ:Ufl�� 0�.`.)e 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. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 18 of 21 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 perFor�ned 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. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 19 of 21 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. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 20 of 21 EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") DESIGN SERVICES: WATER AND/OR SANITARY SEWER IMPROVEMENTS The following is a clarification of the tasks.,that the ENGINEER will perForm under ATTACHMENT "A". Work under this attachment includes engineering services for water and/or sanitary sewer improvements for the following: 2004 CIP Neighborhood Street Projects Year 4& 5 Street Reconstruction, Water and Sanitary Sewer Replacement on: Westcreek Drive (Medina Avenue to Bilglade Road and Bilglade Road to Westfield Avenue) Contract No.: 44 Project No.: 00444 Water Sewer Council Street Districts Water Existing Proposed Length Sewer Existing Proposed Length Replacement Replacement Map No. Size (in.) (ft.) Map No. Size (in.) (ft.) size in. size (in. Westcreek Dr. 4", 6", (Medina to Bilglade No. 3 2036-364 8', 10" & $�� 10" & 12" 3,950 2036-364 6" & 8" 8" PVC 5,670 & Bllglade to �Z„ (PVC) Westfield TOTAL 3,950 TOTAL 5,670 Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PART A — PRE-ENGINEERING 1. Initial Data Collection a. Pre-Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated. These include the following: One (1) pre-design kick-off meeting, (including the CITY's Department of EA1-1 Rev 11/02/O5 Engineering and other departments that are impacted by the project). One (1) review meeting at completion of the City's review of the conceptual engineering plans. b. Data Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, property ownership as available from the Tax Assessor's office. The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the Engineer with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the Engineer will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the Engineer shall delay the design of the sewer service line until after the start of construction. The CITY will then direct the Contractor to de-hole the service line at the clean-out location of all buildings or structures so that the Engineer's surveyor can determine the flow line of the sewer service line. The Engineer shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. 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 EA1-2 Rev 11/02/05 p N.%�fa�;�� i �i�� 'i� �. ' �� t il r,� ,.��i ,��'y :; ;�r';1, ; ; r',,- � � 'i 9 � V .� �:i � �[ i�:il� :.. 4. } "�i.'\� ��i :7' �+ 1 i 7 �•j'r:�n U ' �Ijl} �_ �� J11�n��_�� _._. ��,:� 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 ENGIENER shall submit a progress schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress reports as required under Attachment B of the contract. PART B- CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering i. Surveys for Design a. ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information which will be needed for use by the ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location and buried utilities, structures, and other features relevant to the final plan sheets. For sewer lines located in alleys or backyards, ENGINEER will obtain the following: Obtain permission for surveying through private property. Locate horizontal and vertical alignment of utility lines. Tie improvements, trees, fences, walls, etc., horizontally along rear lines in an approximately 50' wide strip. In addition, locate all rear house corners and building corners in backyards. Profile existing water and/or sewer line centerline. Compile base plan from field survey data at 1"-40' scale. EA1-3 Rev 11/02/OS Obtain permission for surveying through private property. Locate horizontal and vertical alignment of utility lines, existing utilities, trees, fences, walls, etc., horizontally along rear lot lines in an approximately 20' wide strip. In addition, locate all rear house corners and building corners in backyards. Compile base plan from field survey data at 1" = 40' horizontal and 1" = 4' vertical scale. When conducting design survey at any location on the project, the consultant or its sub-consultant shall carry readily visible information identifying the name of the company and the company representative. All company vehicles shall also be readily identified. 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 provided in a digital format compatible with the electronic data collection and computer aided design and drafting software currently in use by the CITY 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, all drawing files shall be provided in MicroStation (DGN) or Autocad (bWG or DXF) format (currently Release 2002), or as otherwise approved in writing by the CITY, and all data colleted generated during the course of the project shall become the property of the CITY. The minimum information to be provided in 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. Identified (Existing City Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate EA1-4 Rev 11/02/OS system, and a referred bearing base. Z coordinate on City Datum only. c. Descriptive Location (Ex. Set in the centeriine 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 Points. 4. No less than two bench marks plan/profile sheet. 5. Bearings given on all proposed centerlines, or baselines. 6. Station equations relating utilities to paving, when appropriate. 7. Obtain the "foot print" of all properties where the sanitary sewer service line is to be relocated or rerouted. ii. Public Notification and Personnel/Vehicle Identification a. Prior to conducting design survey, ENGINEER will notify affected residents of the project in writing. The notification letter shall be on company letterhead 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. b. When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. All company vehicles shall also be readily identifiable. iii. Conceptual Engineering Plan Submittal a. Conceptual plans shall be submitted to City 30 days after Notice to Proceed Letter is issued. EA1-5 Rev 11/02/O5 b. The ENGINEER shall perform conceptual design of the proposed improvements and furnish four (4) copies of the concept engineering plans which includes layouts, preliminary right-of-way needs and cost estimates for the ENGINEER's recommended plan. ENGINEER shall perform remaining field surveys required for final design of selected route(s). 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. All design shall be in conformance with Fort Worth Water Department policy and procedure for processing water and sewer design. ENGINEER shall review the City's water and sewer master plan, other pertinent design information and provide a summary of findings pertaining to the proposed project. 2. Preliminary Engineering Upon approval of Part B, Paragraph iii (b), ENGINEER will prepare preliminary construction plans as follows: a. Overall water and/or sanitary sewer layout sheets and an overall easement layout sheet(s). b. Preliminary project plans and profile sheets on 22" x 34" sheets which show the following: Proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water senrice lines and meter boxes, gate valves, isolation valves, manholes etc., related appurtenances and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with properry ownership shall be provided on the plan view. c. For sewer lines, pipelines schedule for point repairs, rehabilitation and replacement will be located on the base sheets prepared from survey information gathered under Part B, Paragraph b. Conflicts shall be resolved where pipelines are to be rehabilitated on the same line segment. Base sheets shall reference affected or adjacent streets. EA1-6 Rev 11/02/O5 Where open-cut and trenchless technology construction is anticipated, below and above ground utilities will be located and shown on the base sheets. d. Existing utilities and utility easements will be shown on the plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to determine if any future improvements are pfanned that may impact the project. e. The design for sewer service line reroute/relocation will be provided if the flow line elevation of the sewer service can be determined from the cleanout location. If this elevation cannot be determined during design survey, the design shall be provided after award of the construction contract as specified in Part A, Paragraph 1 b. f. The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of- way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. g. The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-Section of the City's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. h. Right-of-Way Research The ENGINEER will conduct preliminary research for availability of existing easements where open-cut EA1-7 Rev 11/02/OS 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. i. 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 for Acquisition of Properry". j. Utility Clearance Phase The ENGINEER will consult with the City's Water Department, Department of Engineering, and other CITY departments, public utilities, private utilities and 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. EAi-a Rev 11/02/OS k. Preliminary construction plan submittal i. Preliminary plans and specifications shall be submitted to City 60 after approval of Part B, Paragraph iii (b). ii. The ENGINEER shall deliver two (2) sets of preliminary construction plans and two (2) sets of specifications and contract documents to CITY for review. Generally, plan sheets shall be organized as follows: Cover Sheet General Notes/Legand Easement layout (if applicable) Abandonment 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. I. Revi�w 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. m. 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 EA1-9 Rev 11/02/OS � .'.' _� d � N , � �o �J' �� '. l j%'��. ��%r.'�; � �%��1�� ;ij4:-i��1�^n,�. C%'� f VJ6�' ..:j '1 ,1,,; �I J 1, I�, LLjZ ��. { �(7 ,n-„ � K '.: rC. -1 1 � , Iri� �!I��.G�� j'��V; �� J ¢� .;'J:�:�L�� j� """�.—�.�._ .� � �� .� F 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 30 days after approval of Part B, Paragraph 2 k. Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents to CITY (each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas) and submit two (2) sets of plans and construction contract documents within 15 days of CITY's final approval. Plan sets shall be used for Part C activities. b. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shall submit a final estimate of probable construction cost with the final plans submitted. c. Mylar Submittals The ENGINEER shall submit a final set of mylar drawings for record storage as follows: Water and sanitary sewer plans shall be submitted as one set of plans. Water and sanitary sewer plans shall be separate from paving and drainage plans. All sheets shall be standard size (22" x 34") with all project numbers (Water/Sanitary Sewer and TPVV) prominently displayed. 2. For projecfs where paving/grating/drainage improvements occur on a Water Department funded project with no T&PW funding involved, a separate set of mylars with cover sheet shall be submitted for TPW. 3. Signed plans sets shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file. There shall be one (1) PDF file for the Water plan set and a separate PDF file for the TPW plan set. Each PDF file shall contain all associated sheets of the particular plan set. EA1-10 Rev 11/02/OS Sinqular PDF files for each sheet of a plan set will not be accepted. PDF files shall conform to naming conventions as follows: Water and Sewer file name example —"X- 35667_org36.pdf" where "X-35667" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf II. TPW file name example —"W-1956_org47.pdf' where "W-1956" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf Both PDF files shall be submitted on one (1) Compact Disk, which will become property of and remain with the City of Fort Worth. Floppv disks, zip disks, e-mail flash media will not be accepted. 4. For information on the proper manner to submit PDF files and to obtain a file number for the project, contact the Department of Engineering Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the DOE number and proper fund codes have been assigned and are in the Department of Engineering database. EA1-11 Rev 11/02/OS PART C - PRE-CONSTRUCTION ASSISTANCE Administration a. Deliver Bid Documents The ENGINEER will make available for bidding, upon request by the CITY, up to fifty (50) sets of the final approved and dated plans and specifications and contract documents for the projects to the CITY for distribution to potential bidders. Proposal will be delivered 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. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. EA1-12 Rev 11/02/05 EXHIBIT "A-2" 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: 2004 CIP Neighborhood Street Projects Year 4& 5 Street Reconstruction, Water and Sanitary Sewer Replacement on: Westcreek Drive (Medina Avenue to Bilglade Road and Bilglade Road to Westfield Avenue) Contract No.: 44 Project No.: 00444 Concrefe Pavement Council Pavement (Street �dth Approx. 28' widihJ Sfreet Districts Wft�h 6" Lime 6" Reinf. Stabilized Concrete 7" Integral Curb 6" Reinf. Concrete Subgrade Pavement (LF) Driveway Approach (S (S (SF) Westcreek Drive (Medina to Bilglade & No. 3 2-28 20,950 20,350 10,604 21,900 Bilglade to Westfield TOTAL 20,950 20,350 10,604 21,900 Storm Drain Council Pavement Street Districts W�dth �ft� 10' Inlets Rock Rip Rap (EA (S Westcreek Drive (Medina to Bilglade & No. 3 28 9 500 Bilglade to Westfield TOTAL 9 500 Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: EA2-1 Rev 11/02/OS PART A — PRE-ENGINEERING 1. Initial Data Collection a. Pre-Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated. These include the following: One (1) pre-design kick-off meeting, (including the CITY's Department of Engineering and other departments that are impacted by the project). One (1) review meeting at completion of the City's review of the conceptual engineering plans. b. Data Collection fn addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; 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. EA2-2 Rev 11/02/OS 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 Conceptual Engineering i. Surveys for Design a. 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, rimlinvert 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 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: EA2 - 3 Rev 11/02/OS 2. The following information about each Control Point; a. Identified (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 (Ex. 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. ii. Public Notification and PersonnelNehicle Identification a. Prior to conducting design survey, ENGINEER will notify affected residents of the project in writing. The notification letter shall be on company letterhead 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. b. When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. All company vehicles shall also be readily identifiable. EA2-4 Rev 11/02/05 iii. Drainage Computations ENGINEER will review and document the storm water watershed drainage runoff area and existing street, right-of-way and storm sewer capacities for the subject site. A drainage area map will be drawn at 1" = 200' scale from available contour maps. Calculations regarding street and right-of-way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Capacities of existing storm drain will be calculated and shown. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with City standards. iv. Conceptual Engineering Plan Submittal a. Conceptual plans shall be submitted to City 30 days after Notice to Proceed Letter is issued. b. 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 IV, 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.b. for proposed condition. b. Preliminary project plans and profile sheets which will show the following and shall be on 22" x 34" sheets: Property Ownership Rev 11/02/OS EA2-5 Curb Lines 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 utiliry 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" _ EA2-6 Rev 11/02/OS 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. 1. 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". k. Utility Clearance Phase The ENGINEER will consult with the City's Transportation and Publci 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 ptans to the City's Utility Coordinator for forwarding to alf utility companies, which have facilities within the limits of the project. Preliminary Construction Plan Submittal Preliminary construction plans and specifications shall be submitted to CITY 60 days after approval of Part B, Paragraph iv. ii. The ENGINEER shall deliver two (2) sets of preliminary construction plans and finro (2) specifications to CITY for review. Generally, plan EA2-7 Rev 11/02/OS sheets shall be organized as foilows: Cover Sheet General Layout and Legend Sheet Drainage Area Map and Computations Plan & Profile Sheets Standard Construction Details Special Details (If applicable) iii. Preliminary estimate 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 30 days after approval of Part B, Paragraph 2(b). Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents to CITY (each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas) and submit two (2) sets of plans and construction contract documents within 15 days of CITY's final approval. Plan sets shall be used for Part C activities. EA2-8 Rev 11/02/OS b. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shali submit a final estimate of probable construction cost with the final plans submitted. c. Mylar Submittals The ENGINEER shall submit a final set of mylar drawings for record storage as follows: 1. Street and storm drain plans shall be submitted as one set of plans. Street and storm drain plans shall be separate from water and sanitary sewer plans. All sheets shall be standard size (22" x 34") with all project numbers (TPW and water/sanitary sewer) prominently displayed. 2. For projects where water/sanitary sewer improvements occur on a TPW Department funded project with no Water funding involved, a separate set of mylars with cover sheet shall be submitted for Water Department. 3. Signed plans sets shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file. There shall be one (1) PDF file for the TPW plan set and a separate PDF file for the Water plan set. Each PDF file shall contain all associated sheets of the particular plan set. Sinqular PDF files for each sheet of a plan set will not be accepted. PDF files shall conform to naming conventions as follows: I. TPW file name example —"W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf EA2-9 Rev 11/02/05 . 7-�•, I , . . . �. .i � . .r � .. ,'��. , V�f!'J,,J�1 1.�1. .v+,��J � if' 157I�,j �� f�%��v I� 15 �/R` u r�i VVII,I; C�l�`.;.I�L:LJ�V f �� ':�:'��J� U�Z.'tl' �(I�'�/ �: ; � II. Water and Sewer file name example —"X- 35667_org36.pdf" where "X-35667" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF files shall be submitted on one (1) Compact Disk, which will become property of and remain with the City of Fort Worth. Floppv disks, zip disks e-mail flash media will not be accepted. 4. For information on the proper manner to submit PDF files and to obtain a file number for the project, contact the Department of Engineering Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the DOE number and proper fund codes have been assigned and are in the Department of Engineering database. PART C - PRE-CONSTRUCTION ASSISTANCE Administration a. Bid Documents Submittal The ENGINEER will make available for bidding, upon request by the CITY, up to fifty (50) sets of the final approved and dated plans and specifications and contract documents for the projects to the CITY for distribution to potential bidders. 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 EA2-10 Rev 11/02/05 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. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. EA2-11 Rev 11/02/05 Concrete-AttachB_B-1_B-2_060590 ATTACHMENT "B" COMPENSATION AND SCHEDULE Attachment B 9/20/2006 2004 CIP Neighborhood Street Projects Year 4& 5 Street Reconstruction, Water and Sanitary Sewer Replacement on: Westcreek Drive (Medina Avenue to Bilglade Road and Bilglade Road to WestField Avenue) Contract No.: 44 Project No.: 00444 I. Compensation A. The Engineer shall be compensated a total lump sum fee of $177,975.00 as summarized in Exhibit "B-3A". Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A", Exhibit "A-1 ", and Exhibit "A-2" for all labor materials, supplies and equipment necessary to complete the project. B. The ENGINEER shall be paid in monthly partial payments as described in EXHIBIT "B-1" upon receipt of invoices submitted by the ENGINEER, based on an estimate of the percentage of completion of the project, not to exceed the milestone limits described in EXHIBIT "B-1". II. Schedule Final Plans and Contract Documents for bid advertisement shall be submitted within 127 calendar days (Does not include City review time) after the "Notice to Proceed " letter is issued. A. Pre-engineering shall be completed 7 calendar days after City approval of Notice to Proceed. B. Concept plans shall be completed 30 calendar days after pre-design kick off meeting. Preliminary plans, specifications, and contract documents shall be completed 60 calendar days after City approval of concept plans. Final plans, specifications, contract documents and cost estimate will be compet�ed 30 calendar days after approval of Preliminary Plans. C. Bidding and award will be completed an estimated 20 calendar days after the City's approval of Final Design plans, specifications and contract documents. � Concrete-AttachB B-1 B-2 060590 EXHIBIT B-1 (SUPPLEMENT TO ATTACHMENT B) METHOD OF PAYMENT Exhibit B-1 9/20/2006 2004 CIP Neighborhood Street Projects Year 4& 5 Street Reconstruction, Water and Sanitary Sewer Replacement on: Westcreek Drive (Medina Avenue to Bilglade Road and Bilglade Road to Westfield Avenue) Contract No.: 44 Project No.: 00444 I. Method of Payment The ENGINEER shall be paid monthly upon receipt of an invoice on the bases of statements prepared from the books and records of account of the ENGINEER, based on the ENGINEER'S estimate of the percentage of completion of the project, such statement to be verified as to accuracy and compliance with the terms of this contract by an officer of ENGINEER. Payment according to statements will be subject to certification by the Director of Department of Engineering or his authorized representative that such work has been performed. The aggregate of such monthly partial payments shall not exceed the following: A. Until satisfactory completion of EXHIBIT "A-1" and Exhibit "A-2", Conceptual Engineering Plan submittal and approval by the City, a sum not to exceed 30 percent of the lump sum. B. Until satisfactory completion of EXHIBIT "A-1" and Exhibit "A-2", Preliminary Construction Plan and contract documents submittal and approval by the City, a sum not to exceed 60 percent of the lump sum. C. Until satisfactory completion of EXHIBIT "A-1" and Exhibit "A-2", Final Construction Plan and contract documents submittal and approval by the City, a sum not to exceed 90 percent of the lump sum. D. Balance of earnings to be due and payable upon delivery to the CITY of plans and bid documents for advertising as described in EXHIBIT "A-1" and Exhibit "A-2". II. Progress Reports A. The Engineer shall submit to the designated representative of the Director of the Department of Engineering monthly progress reports covering all phases of design by the 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 engineer's opinion of probable construction cost estimate of $2,009,365.77 (as estimated in Exhibit "B-4" for Concrete pavinq) will be exceeded, whether by change in the scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the CITY's Director of the Department of Engineering and, if so instructed by the Director of Engineering shall suspend all work hereunder. B1-1 Concrete-AttachB B-1 B-2 060590 EXHIBIT B-2 (SUPPLEMENT TO ATTACHMENT B) 2006 HOURLY RATE SCHEDULE Attachment B-2 9/20/2006 2004 CIP Neighborhood Street Projects Year 4& 5 Street Reconstruction, Water and Sanitary Sewer Replacement on: Westcreek Drive (Medina Avenue to Bilglade Road and Bilglade Road to WestField Avenue) Contract No.: 44 Project No.: 00444 Reproducfion work will be at current commercial rates. Subcontractors will be paid for at actual invoice cost plus fen percent (90%). B2 - 1 9/20/2006 Exhibit B-3A EXHIBIT B-3A (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES Street Reconstruction, Water and Sanitary Sewer Replacement on: Westcreek Drive (Medina Avenue to Bilglade Road and Bilglade Road to Westfield Avenue) City Contract No.: 44 City Project No.: 00444 Consulting Firm 5cope of Services Fee Amount Percentage Prime A.N.A. Consultants, L.L.C. Engineering and $138,821.00 78% Project Management M/WBE MULTATECH Engineering, Engineering $35,354.00 19.86% Inc. M/WBE Trevino Reproduction $3,800.00 2.14% Total $177,975.00 100% SUMMARY OF M/WBE FEE Professional M/WBE Services Scope of Services Total Fee M/WBE Fee Percentage Engineering Water, Sewer, Paving and �177,975.00 $39,154.00 22.00% Services Drainage A.N.A. has attained the 22% MWBE goal established by the City of Fort Worth Minority and Women Owned Business Enterprises Office. Concrete-Exhibit B-3-Design Fee Calculations-06059B3A-1 9/20/2006 Exhibit B-3B EXHIBIT B-3B (SUPPLEMENT TO ATTACHMENT B) PROFESSIONAL SERVICES FEE SUMMARY Street Reconstruction, Water and Sanitary Sewer Replacement on: Westcreek Drive (Medina Avenue to Bilglade Road and Bilglade Road to Westfield Avenue) City Contract No.: 44 City Project No.: 00444 Basic Services: Part A— Conceptual Design and Part B— Plans and Specifications Transportation/Public Works Department Fee Percentage Based on Basic Service Basic Service Estimated Construction Cost Percentage for (Preliminary and Construction per TSPE/CEC Preliminary and Design Phase) Improvements Cost Curve `A' Design Phase Compensation Paving and Drainage $ 1,241,519.46 7.55% 85% $79,675.00 Water Department Fee Percentage Based on Basic Service Basic Service Estimated Construction Cost Percentage for (Preliminary and Construction per TSPE/CEC Preliminary and Design Phase) Improvements Cost Curve `A' Design Phase Compensation Water $ 293,739.38 7.55% 85% $18,851.00 Sewer $ 474,106.93 7.55% 85% $30,426.00 Basic Services Fee Total Survey Services Fee Total Additional Services Fee Total Total Contract Fee $128,952.00 $21,065.00 $27,958.00 $177,975.00 Concrete-Exhibit B-3-Design Fee Calculations-06059B3B-2 (See Exhibit B-3C) (See Exhibit B-3D) 9/20/2006 Exhibit B-3B EXHIBIT B-3B (SUPPLEMENT TO ATTACHMENT B) PROFESSIONAL SERVICES FEE SUMMARY Street Reconstruction, Water and Sanitary Sewer Replacement on: Westcreek Drive (Medina Avenue to Bilglade Road and Bilglade Road to Westfield Avenue) City Contract No.: 44 City Project No.: 00444 SUMMARY OF TOTAL FEE BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE) Paving Design Fee Percent of Design Phase Sub Design Phase Paving Total Fee Paving Survey Fe Design Total Concept $107,982.00 $11,220.00 30% $29,028.60 Preliminary $107,982.00 $11,220.00 60% $58,057.20 Final $107,982.00 $11,220.00 10% $9,676.20 Paving Design Fee Less Survey Fee $96,762.00 Concrete-Exhibit B-3-Design Fee Calculations-06059B3B-3 9/20/2006 Exhibit B-3C EXHIBIT B-3C (SUPPLEMENT TO ATTACHMENT B) FEES FOR SURVEYING SERVICES Street Reconstruction, Water and Sanitary Sewer Replacement on: Westcreek Drive (Medina Avenue to Bilglade Road and Bilglade Road to Westfield Avenue) City Contract No.: 44 City Project No.: 00444 Linear Foot of Cost per Cost per Improvement Type of Survey Survey (L.F.) L.F. Improvement Water Topographic 1,180 $2.75 $3,245.00 Sewer Topographic 2,400 $2.75 $6,600.00 Paving Topographic 2,750 $3.00 $8,250.00 Flumes & Channels Topographic 1,080 $2.75 $2,970.00 Total for Surveying Services $21,065.00 Concrete-Exhibit B-3-Design Fee Calculations-06059B3C-4 ��.,� J' 1' ��:: ; h=i � �". �; v�:i ,..; 'i t i . � !i'�'��1� ! �i5�"''�IC��7,� ,_I,',`4r.. ' v�� ;: �,�_J��f:l � a �.5� c ��, � �� J'�`�';'�; IIUi 11�`�_..,.. 1 �� `�:� :a;1p � �:;�.,� E 3 9/20/2006 Exhibit B-3D EXHIBIT B-3D (SUPPLEMENT TO ATTACHMENT B) FEES FOR ADDITIONAL SERVICES Street Reconstruction, Water and Sanitary Sewer Replacement on: Westcreek Drive (Medina Avenue to Bilglade Road and Bilglade Road to Westfield Avenue) City Contract No.: 44 City Project No.: 00444 Additional Services Fee Total $27,958.00 Note: City to provide geotechnical report with pavement recommendation. Concrete-Exhibit B-3-Design Fee Calculations-06059B3D-5 9/20/2006 Exhibit B-3E EXHIBIT B-3E (SUPPLEMENT TO ATTACHMENT B) FEES FOR REPRODUCTION SERVICES Street Reconstruction, Water and Sanitary Sewer Replacement on: Westcreek Drive (Medina Avenue to Bilglade Road and Bilglade Road to Westfield Avenue) City Contract No.: 44 City Project No.: 00444 Estimated Cost per Number of Number of Type of Document Page Pages Copies Total Cost _ __ . ___ . _ __ Conceptual Design Phase Report w/ Color Photos $2.30 51 4 $469.20 Existing City As-Built Plans (City �1.50 96 1 $144.00 Vault) _ _ ___ _ . Prelim'inary'Design and Utility Clearance Phase Construction Plans $1.40 45 16 $1,008.00 Specifications $0.25 500 2 $250.00 Final Design Phase ' _ _ _ Construction Plans $1.40 45 5 $315.00 Specifications $0.25 500 5 $625.00 - - Bid;Document;Phase'; - - , . . , -- _ __ : _ _ _ Construction Plans $1.35 45 50 $3,037.50 Specifications $0.15 500 50 $3,750.00 X-Sections $1.40 25 6 $210.00 SW3P $0.15 109 6 $98.10 _ _ _ Public Meeting >Phase Mounted Drawing(s) $0.40 2 1 $0.80 ' Construc�ion _Phase - - -: - _ _ __ _ Construction Plan Mylar(s) $5.00 55 1 $275.00 Convert As-Built Drawings to PDF $6.75 46 1 $310.50 Reproduction Sub-Total , • Concrete-Exhibit B-3-Design Fee Calculations-0605983E-6 � m W W � a � U � � �.a. W � Q W m O O H F.. a m z � = W J W a a a� �� o .� o N d' � O O # H U w -� 0 � a F- U cU v 0 0 N v N � v � Q W � 2 F- Q.' � Q.' 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N C N � > � � N � � m N U m W � O c W a � ac=i~ _ F W � j a > qop� m�a �W� m � J X J F w a a � U �a 0 N � a 0 � � U w -� O K a � U a U a N � � U a � � 2 O U 06 a K W � S F � O � � � O � f- � O U Z O U � � F � Z O U w J m a m °� a O Z O Z a O Z O F a O W F W Q.' U z O c� c� z Q a � � U w ° m O QZ� O � a �xF > a w aa � � m Q j ,�DO � qw� m W � m a a _ � U w �a 0 0 N Z O 2 n~. � O � aa a� Q Q C7 � Z o � M Q a N 3 d a A d 0 � 3 a r 9/20/2006 Attachment C ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREMENT AND ATTACHMENT A 2004 CIP Neighborhood Street Projects Year 4& 5 Street Reconstruction, Water and Sanitary Sewer Replacement on: Westcreek Drive (Medina Avenue to Bilglade Road and Bilglade Road to Westfield Avenue) Contract No.: 44 Project No.: 00444 1. None G:\J O B\060590\contract\Concrete-AttachC-060590. doc C-1 ATTACHMENT D-1 SCHEDULE 2004 CIP Neighborhood Street Projects Year 4& 5 Street Reconstruction, Water and Sanitary Sewer Repiacement Westcreek Drive (Medina Ave. to Bilglade Rd. & Bilglade Rd. to Westfield Ave.) Contract No 44 Projected Actual Name Duretion Start Finish Duration Start Finish NOTES: 1. Survey time is not on critical path and is not included in overall schedule. 2. Ulility Clearance iime is not on critical palh and is not included in overall schedule. li'��I�J�:.��J:S �1�u1:'Li��)� ��Ir-, ^� s i'; ��, , n;t ��, j;r 'v�J'�� ::�t�;�l'.':_4 ;; � � Il�•.��'^�r1�4IJJ U�i.�.:)', i '✓ � ` � 2 3 � 6 6 7 B 9 10 il 12 t1 IS 17 18 19 13 _: � � � uE hn 5 I I 1 I I lav�l I II I I F�l 13 ��+ I I � s�c�. A L-__ ----- :- - --- ---_ _--- --______ ,..__ _______ � j 20 B 'I-'__'_, "'_'___".� .�__.._.___._..__'Q'�" ' i � i fi.. 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' 9 b �I 3 { A T TACHMENT "E" (SHEET 4> (COUNCIL DISTRICT 9) WESTCREEK DRIVE � (BILGLADE RD. TO WESTFIELD AVE) SAN/TAR Y SEWER /MPRO VEMENTS 2004 CIP NEIGHBORHOOD STREET '�"; ` :;, �. � < PROJECTS YEAR 4 & 5 S��L�`: �" � ��1�` - 3 CITY PROJECT NO. 00444 ��, �� _�� ;� r � �:�< � t#�AP�'GC1 ��1�' � 9�JN 6 0 �- �� a�� j00v0000��0� 0001v000 e� � �� ------- --- o vv o o�o .��00 O�s10��110 � �� v �0 � - �o . .a� � ovoo■�� 000a��ov o �,� �� v_______� ________ � �m �s� �•��0�� o�es��v .o._��a ______�_ � �o a0� � vo v �!� v � �► o� � ~ �a� ��da �o— � v a�� . e� � ♦ ,� v � 0� . o��le � �__ 0 � ��o� -��1 ■ : �� o �� ,' � �' "t /i % i: ` ',�MI; � �� ■i �` � �: �a ei. �� 0�� ► oiv o � e► o��I/ : s �� 6 � B 9 j IS ��s�o a_oo■.— ese��o o� B U 15 W AI AtR ��-��o�ap� �.� r �m � O� �m . a m �ll �� . �� ' . ,40 . �� : �,o� , O� `�, , � -��_�� A T TACHMEIV T "E" (SHEET 5> (COUNCIL DISTRICT 9) WEST�REEK DRIVE � (MEDINA AVE TO WESTFIELD AVE} S TREE T RECONS TRUC T/OlV 2004 CIP NEIGHBORHOOD STREET ' '-'; -' .. �..: . °; PR07ECTS YEAR 4 & 5 �, ,� , �;`; CITY PROJECT NO. 00444 �£ � � = t:, ;. . � , . � ,.� �-;z . . �v �C,4.t. �- �" � � �?Q ` � d�a�' �Li.�t� -,5�4 �,��'S�'U �� t�6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/26/2006 - Ordinance No. 17195-09-2006 �� --z . �--� DATE: Tuesday, September 26, 2006 LOG NAME: 30WESTCREEK444 REFERENCE NO.: **C-21725 SUBJECT: Authorize Execution of Engineering Agreement with ANA Consultants, L.L.C. for Pavement Reconstruction and Water and Sanitary Sewer Main Re acemen on es creek Drive (Project No. 00444) and Adopt Appropriation Ordinance _ . _ _.�-.�� .,..:�� .� � . — _ _ �� RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $84,305.94 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $31,736.76 and Sewer Capital Projects Fund in the amount of $52,569.18; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $31,736.76 and the Sewer Capital Projects Fund in the amount of $52,569.18, from available funds; and 3. Authorize #he eity Manager to execute an engineering agreement with ANA Consultants, L.L.C., in the amount of $177,975.00 fo�r pavement reconstruction and water and sanitary sewer main replacement on Westcreek� r�ve �1�Is�na Avenue to Bilglade Avenue and Bilglade Road to Westfield Avenue). DISCUSSION: The 2004 Capital Improvement Program (CIP) includes funds for pavement reconstruction on Westcreek Drive (Medina Avenue to Bilglade Avenue and Bilglade Road to Westfield Avenue). This project consists of the preparation of plans and specifications for the replacement of water and sanitary sewer mains and pavement reconstruction on the above identified streets. ANA Consultants, L.L.C., proposes to perform the necessary design work for a lump sum fee of $177,975.00. City staff considers this fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount $41,115.51 (water: $6,360.76; sewer: $7,952.18; and streets: $26,802.57) is required for project management by the Engineering Department. ANA Consultants, L.L.C., is in compliance with the City's M/WBE Ordinance by committing to 22% M/WBE participation. The City's goal on the project is 22°/o. This project is located in COUNCIL DISTRICT 3, Mapsco 90N. Logname: 3 OWESTCREEK444 ��2- � • ��, :, „- � ! �'��i ��:.,]!°'+l �rs;�,NJ:?�1 i ��:,� '�� ;i � I�� ' ��`� v �� :; �� '�: !� } i ;,�� r; ,,:�c?�� +7�nv . . I ._, .. .>-., � . .. Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation 1, and the adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund, the Sewer Capital Projects Fund and the Street Improvements Fund. TO Fund/Account/Centers 1&2)P253 472045 6031700444ZZ 1&2)P258 472045 7031700444ZZ 2,P253 531350 603170044410 2)P253 531350 603170044420 2�P253 531350 603170044431 2)P253 531200 603170044431 �P253 531350 603170044432 2)P253 531200 603170044432 2)P253 531350 603170044433 2)P253 531200 603170044433 �P253 531200 603170044451 �P253 531350 603170044460 2)P253 533010 603170044481 �P258 531350 703170044410 2� P258 531350 703170044420 2)P258 531350 703170044431 2)P258 531200 703170044431 2�P258 531350 703170044432 � P258 531200 703170044432 � P258 531350 703170044433 2)P258 531200 703170044433 �P258 531200 703170044451 � P258 531350 703170044460 2)P258 533010 703170044481 FROM Fund/Account/Centers $31,736.76 1)PE45 538070 0609020 $52,569.18 1)PE45 538070 0709020 385.50 �P253 531200 603170044431 385.50 3)P253 531200 603170044432 $1,445.63 �P253 531200 603170044433 $6,639.00 3)P253 531200 603170044451 $2.891.25 $13,279.00 481.88 2 213.00 $3.245.00 385.50 385.50 481.95 481.95 1 807.31 $11,405.10 3 614.63 $22,810.20 602.44 $3,801.70 $6,600.00 481.95 481.95 3)P258 531200 703170044431 3)P258 531200 703170044432 3)P258 531200 703170044433 3)P258 531200 703170044451 3)C200 531200 203400044431 3)C200 531200 203400044432 3)C200 531200 203400044433 3)C200 531200 203400044451 Submitted for City Manager's Office bv: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Dena Johnson (7866) Logname: 3 0 WESTCREEK444 $31,736.76 $52 569.18 6 639.00 $13,279.00 2 213.00 $3,245.00 $11,405.10 $22,810.20 3 801.70 6 600.00 $29,028.60 $58,057.20 9 67620 $11,220.00 Page 2 of 2