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Home My WebLink AboutContract 34091°,; i ► 'r' � � ��;��ir�RY' CITY OF FORT WORTH, TEXAS %��t'�.! i�; ;; �;t�; ;- ;,9�� ' _�� =-== -1- STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Brown & Gay Engineers, Inc., (the "ENGINEER"), for a PROJECT generally described as: Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Merritt Street (White Settlement to 150' N. of Melbourne), Priddy Lane (White Settlement to Melbourne) and Westwind Drive (Lake Country Dr to Skylake Dr) 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. �� 1� ��iQ,�� Y, ��, ��. �_��I�C� �,� CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Brown & Gay Engineers, Inc., (the "ENGINEER"), for a PROJECT generally described as: Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Merritt Street (White Settlement to 150' N. of Melbourne), Priddy Lane (White Settlement to Melbourne) and Westwind Drive (Lake Country Dr to Skylake Dr) Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work perFormed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. ��1�� ti� ��?�� % ��:��, ��, , ,1 Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants perForming the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurFace investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurFace evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 2 of 21 E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being perFormed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of perFormance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or ENGINEERING AGREEMENT JANUARY 1, 2005 Page 3 of 21 maintenance costs; competitive bidding procedures and market conditions; time or quality of perFormance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawir�gs 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 v In accord with City of Fort Worth Ordinance No. �Q , 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 acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such 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. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 7 of 21 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 should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 8 of 21 ��J�� l�� ?��' ��. ��, ��. 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 hazardo�s substance, contaminant or asbestos onto the project. G. Contractor Indemni�cation and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (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) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be 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 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 fails substantially to perform through no fault of the other and does not commence correction of such nonperFormance with 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). ENGINEERING AGREEMENT JANUARY 1, 2005 Page 12 of 21 G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and perFormance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If 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 tt - �.�' ATTEST: Marty Hendrix City Secretary � �\,dJ / � - --_ _ Cont �ci:. �,ut�arizatio3, � - �j��,-_��-�--- ��_ _�T - I�a�� APPROVED AS TO FORM AND LEGA�TY �' ' , ��, � � � � Assistant ENGINEERING AGREEMENT JANUARY 1, 2005 Page 15 of 21 CITY OF FO WORTH By: Ma . A. Ott Assistant City Manager Approval Recommended �'I,�,��wc�.�ek� C�o g as Rademaker, PE Director, Engineering Department Bro��m & �ay�.gineer�, Inc. ENGINEER gy; � G ►.u- ' -- ■-.. ' ��)�� I� �� r�:°� �� ATTACHMENT "A" -�- ..- . -� "Scope of Services set forth herein can only be modrfied by additions, �larifications, 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 their 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 confract 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) �� 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 ��iw� �� 1� ��.��' �% �'� ��, ��, 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 probabie 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 performed by the City. 22) Site Visits The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. 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 ENGINEERING AGREEMENT JANUARY 1, 2005 Page 21 of 21 ��w� �� l�' ��r��' �% �'��, ��. EXHIBIT "A-1" SUPPLEMENTAL SCC?PE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") DESIGN SERVICES: WATER ANDIOR SANI7ARY SEW�R IMPROVEMENiS The following is a c(arification of the tasks that khe ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes engineering services for water and/or sanitary sewer improvements for the following: 20U4 CIP NEIGHBORHOOD STREET PROJECTS FOR Merritt Street (White Settlement to 150' N. of Mefbourne) Priddy Lane (White Settiement to Melbourne} Wes#wind Drive (Lake Country Drive ta Skylake Dr'ive) YEAR 5, CONTRACT 50 PROJECT NO. 00452 Upon receipt of notice to proceed, the ENGiNEER wili 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 �f comfort, two (2) meetings are anticipated. These include the following: �ne (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 conceptua! engineering plans. EA1-1 Rev I1/30/04 b. Data Coilection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coardination of the proposed improvements with any planned future improvements that may influence the project, ENGINEER will also idenfify and seek to obtain data far existing conditions that may impact the project including; utilities, City Master plans, property ownership as available from the Tax Assessor's office. The data coilection 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 abandanment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the Engineer with a sampfe format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rad can be inserted through the cleanout to the battom 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 af all buildings or structures so that the Engineer's surveyor can determine the flow line of the sewer service line. The Engineer sh�ll use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. c. Coordination with �ther Agencies During the concept phase the ENGINEER shall coordinate with all utilifies, including utilities owned by the City, TxDOT and railroads. These entities 5half also be contacted if applicab(e, to determine pfans for any proposed EA1-2 Rev 11/30/Od 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 focation of the proposed utility lines, existing utility lines and any adjustments and/or relocatian of the existing lines within the project limits, ENGINEER shall complete all forms necessary for City to obtain permit letters fram TxDOT and railroads and submit such forms to the City. Ci#y shall be responsible for fonr✓arding 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 cantract. PART B- CONSTRUCTION PLANS AND SPECIFICATI�NS 1. Conceptual Engineering Surveys for Design a. ENGINE�R 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 sani#ary and adjacent storm sewers, rim/invert elevations, location and buried utilities, structures, and other features relevant to the final plan sheets. For sewer lines {ocated in alleys or backyards, ENGINEER will obtain the following: Obtain permissian 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 addiiion, locate all rear house corners and bui(ding corners in backyards. EA.1-3 Rev 11/30/04 Profile existing water and/or sewer line centeriine. Compile base plan from field survey data at 1"-40' scale. Obtain permission for surveying through priva#e property, Locate horizontal and vertical alignment of utility lines, existing ufilities, trees, fences, walls, etc., horizontally alang 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 wilt provide the following informaiion; All plans, fieid 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 MicraStation (DGN) or Autacad (DWG 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 Paints, used or set while gathering data. Generally on a scale of not less than 1;400: EA1-4 Rev 11/30/04 2. The following information about each Controi Point; a. Identified (Existing City Monument #8901, PK Nail, 5!8" Iron Rad) b, X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on Gity Datum oniy. c. Descriptive Lacation (Ex. Set in the centerline of the iniet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and Narth 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 twa 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 Prior to canducting 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 na., scope of survey work and design survey schedule. The letter will be reviewed and approved by the City prior ta distributian. EA1-5 xe� ii/so/aa iii. ConceptuaE Engineering Plan Submittai a. Conceptual pians shali be submitted to Gity 30 days after Notice to Proceed Letter is issued. 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 finaf 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/profife and recommended pipe size, fire hydrants, water service 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 property ownership shall be provided on the plan view. EA1-6 Rev 11/30/04 ��:)w� �� "�� _ �I�"�� '�G��' �, ��rp�, ��}�, c. For sewer lines, pipelines schedule for poinf repairs, rehabilitation and replacement will be located on the base sheets prepared from survey information gathered under Part B, Paragraph b. Conflicts shail be resolved where pipelines are to be rehabilitated on the same line segment. Base sheets shall reference affected or adjacent streets. 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 an the pian and profile sheets. ENGINEER will caordinate with utility companies and the City of Fort Worth fo determine if any future improvements are planned 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 constructian contract as specified in Part A, Paragraph 1 b. f. The ENGIN�ER sha11 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 ser�ice 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 EA1-7 Rav 12/30/04 of the City's specifications. These may include connection details between various parts of the project, tunnefing details, boring and jacking details, waterline relocations, details unique to fhe canstruction 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 construction or relocation of existing alignments is probable, Temporary and permanent easements wiil be appropriated based on available information and recommendations will be made for approval by the City. Right-o#-way/Easement Preparation and Submittat 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 Property". Utility Clearance Phase The ENGINEER will consult with the City's Water Department, Depar�ment of Engineering, and other CITY departments, public utilities, private utilities and gavernment 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 Ufility Coordinatar for forwarding to all utilify companies, which have facilities within the limits of the project. EA1—$ Rev 11/30/04 k. Preliminary construction pian submittal i. f'refiminary plans and specifications shall be submitted to City 60 davs _ after approval of Part B, Paragraph iii (b). ii, The ENGINEER shall deliver two (2) sets of preliminary consiruction plans and two (2} sets of specifications and contract documents to CITY for review. Generally, plan sheets shali be organized as foilows: 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. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments for preliminary submit#al. The C1TY 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, �A1-9 Aev 11/30/Od provide the CITY with the database listing the names and addresses of all residents and business to be affected by the proposed project, and aftend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable locatian and mail the invitation letters ta 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 appraval of the recammended improvements, the ENGINEER shall prepare final plans and specifications and contract documents to CITY (each plan sheef 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 appraval. Plan sets shall be used for Part C activities. b. ENGINEER's Estimaie of Probable Construction Cost The ENGINEER shall submit a final estimate of probabie construction cast with the final plans submitted. c. Mylar Submittats The ENGINEER shall submit a final set of mylar drawings for record storage as follows: 1. 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 (Wafer/Sanitary Sewer and TPW) prominently displayed. 2. For projects where paving/grating/drainage improvements occur on a Water Depariment funded project with no T&PW funding involved, a separate set of mylars with cover sheet EAi-10 Rev 11/30/04 shail be submifted for TPW. 3. Signed pians sets shall aisa be submifted as an Adobe Acrobat PDF format (versivn 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 shalt contain all associated sheets of the particular plan set. Sinqular PD� files for each sheet of a plan set will not be accepted. PDF files shall conform to naming conventions as follows: I. Water and Sewer file name exampie —"X- 35667_org36.pdf" where "X-35667" is the assigned file number abtained 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 fife. 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_arg3.pdf and K-032b_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 Worih. 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 EA1-11 Rev 11/30/04 database, PART C - PR�-CONS7RUCTlON 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 ENGfNEER 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 schedu(ed pre-bid conference. The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid apening, 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 shafl also consult with and advise the CITY on design and/or cans#ruction changes, if necessary. EA1-12 Rav 11/30/04 EXHIBIT "A-2" SUPPLEMENTAL SCOPE OF SERVECES (SUPPLEMENT T� ATTACHMENT "A") DESIGN SERVICES: PAVING ANDIOR DRAINAGE IMPROVEMENTS The foliowing is a clarification of the tasks that the ENGINEER will pertorm under ATTACHMENT "A", Work under this attachment includes engineering services far paving and/or storm drain improvemenfs for the foilowing: 20U4 CiP NEIGHBORHOOD STREE7 PROJ�CTS FOR Merritt Street (White Settlement to 150' N. af Melbourne} Priddy Lane (White Settiement to Melbourne) Wesfwind Drive (Lake Coun#ry Drive to Skylake Drive) YEAR 5, CbNTRACT 50 PROJECT NO. 00452 Upon receipt of notice to proceed, the ENGINEER will perform the folfowing tasks: PART A— PRE-�NGINEERING 1. Initial Data Cal(ection a. Pre-Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects af 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 ineeting, (including the CITY's Depa�tment 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. EA2-1 Rev 11/30/04 v'��')c;'!� �:�� ly �Sl�� `�� % r�`��G��, i��. 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 impravements with any planned future improvements that may infiuence the project. ENGINEER will also identify and seak ta obtain data for existing conditions that may impact the project including; utilities, City Master pians, CITY drainage complaint files, existing applicable drainage studies and property ownership as available from the Tax Assessor's office. c. Coordinatian 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 praposed facilities ar adjustment to existing facilities within the project limits. The information obtained shall be shown on the concept plans. The ENGINEER shall show #he location af 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 fior forwarding the forms to the affected agencies for execution. 2. Schedule Submittaf 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 fhe CITY along with monthly progress reports as required under Attachment B of the contract. PART B- CONS7RUC710N PLANS AND SPECIFfCATIONS 1. 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. Informatian gathered during the survey EA2-2 Rev 11/30/04 shail include topographic data, elevations of ail sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, and other features relevant to the fina! plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown an intersection layouts with cross slope to fit intersecting grade lines. b. �NGINEER will provide ihe 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 a(I drawing files shall be provided in Autocad (DWG or DXF) format (currently Release 12), ar 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 shalf 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 Confrol Point; a. Identified (Existing. City Monument #890� , PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinafe on City Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb lina of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Streef). EA2-3 Rav 11/30/04 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 horizantal bench marks, per line or location. 5. Bearings given on all proposed centerlines, or baselines. 6. S#ation equations relating utilities to paving, when appropriate. ii. Pu6tic Nofafication Prior to conducting design survey; ENG(N�ER will notify affected residents of the project in writing. The notification letter shall be on company letterhead and shall include the following: project name limifis D�E 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 io distnbution. 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 focations will be provided. Capacities of existing storm drain will be calculated and shown. The ENGINEER's responsibility includes recvmmendations for improvements of the existing system as deemed reasonable and cansistent with City standards. iv. Conceptual Engineering Plan Submiital a. Conceptual plans shall be submitted fo 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 EA2-4 Rev 11/30/04 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 shali submit such evaluation in writing to the City as a part of the concept phase of the project. 2. Pretiminary Engineering Upon appraval of Part B, Paragraph IV, ENGINEER will prepare construction plans as fpIIQWS: a. Drainage area maps with drainage calculations and hydraulic computations. lnformation shown on the plans will be consistent with Part A, Paragraph 1.b, for proposed condition. b. Preliminary project pians and profile sheets which wiil show the following and shall be on 22" x 34" sheets: Property Ownership Curb Lines Driveways Medians (if appficable) Sidewalks Existing and proposed water and sanitary sewer mains. c. Proposed roadway profile grades and elevations along each curb line; etevations at all p.v,i.'s; p.i's half stations; high and low points; vertical curve information; and pertinent AASHTO calcu(ations. Profiles for existing curbs (if any) and existing ground at the left and right-of-way lines shall be shown. Existing found property corners (e.g. Iron pins} , along the existing right-of� way shall be shown on the plans. Profiles for existing and proposed storm drain mains and leads shall be provided. d. Existing utilities and utility easements will be shown on the roadway plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to ascertain what, if any, future improvements are planned thaf may impact the project, EA2-5 Rev 11/30/04 e. Preliminary roadway cross-sections wiil be developed, from the survey notes, at intervals not-to-exceed 50 foot along the project length and wi[I 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, refaining walls, etc., will also be pravided. !'rofiles of centerline of driveways will also be provided where necessary. 5cale will be 1" = 10' horizontal and 1" = 2' vertical. f. Street and intersection layouts. g. Proposed plan/profile sheets will conform to Cify 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 descriptians (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. h. �urnish as a function of final plans, six (6) copies of the final cross-sections on 22" x 34" sheets. Information on these sheets will incfude centerline station, profile grades and centerline elevations, roadway section (existing and proposed}, right-of-way limits. Scale will be 1" = 20' horizontal and 1" _ 2' vertical with cross sections plotted with stationing fram the battom 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 shal( also be provided. I. 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, EA2-6 Rev 11/30/04 �, ��-� ('i 1', � 1�6 `V' �JNNJ ��lw �. �l�� C�� 9�i ��J��U�� 06L0� j. Right-of-waylEasement 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 7he ENGINEER will consult with the City's Transportation and Publci Works Department, Water Department, Department of Engineering, and other CfTY departments, public utilities, private utilities, private utilities and gavernment 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 farwarding to all utility companies, which have facilities within the limits of the project. I, Preliminary Construction Plan Submittat i. Preliminary constructian plans and specifications shall be submitted to C1TY 60 days after approval of Part B, Paragraph iv, ii. The ENGINEER shall deliver two (2) sets of preliminary construction plans and two (2} specifications to CITY for review. Generally, plan sheets shall be organized as follows: 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 canstruction cost with the preliminary plans submifted. Engineer EA2-7 Rev 11/3D/04 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 ENGfNEER 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 one (1) public meeting to hefp 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 3a days after approval of Part B, Paragraph 2(b). Following CITY approval af 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 Par� 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: EA2-8 Rev il/30/04 1. Street and storm drain plans shall be submitted as one set of plans. Street and storm drain plans shali be separate from water and sanitary sewer plans. All sheets shall be standard size {22" x 34n) with all praject numbers (iPW 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 Acroba# PDF format (version 6.4 or higher) file. There shall be one (1) PDF file for the TPW plan sef 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 wfll not be accepted. PDF files shall conform to naming conventions as follows: TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the City of Fart Worth, "_org" designating the file is of an original plan sef, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf 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" designafing the file is of an original plan set, "36" shall be the total number of sheets in this fi1e. Example: X-12755_org18.pdf EA2-9 Ra� i�/ao/oa Both PDF files shall be submitted on one (1) Compact Disk, which will become property of and remain wifh the City of For� 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. PAR'f C - PRE-CONSTRUCTION ASSISTANGE Administration a. Bid Documents Submiital The ENGINEER will make available for bidding, upon request by the CITY, up to fifty (50) sets af the final approved and dated plans and specifications and contract documents for the projects to the CITY for distribution to potential bidders. Proposal will be provided in electronic format. b. Bidding Assistance The ENGINEER shall assist the CITY during this phase including preparation and delivery of any additional addenda prior to bid opening to plan holders and respond to questions submitted to DOE by prospective bidders. Engineer shall attend the scheduled pre-bid conference. The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening, develop bid tabulations in hard copy and electronic format and return four {4) copies of the bid tabulafion, along with the contract EA2-10 Rev 11/30/04 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 li/30/04 ATTACHMENT S COMPENSATION AND SCHEDULE DESIGN OF STREET RECONSTRUCTION, WATER AND SANITARY SEWER REPLACEMENT ON MERRITT STREET (WI�TE SETTLEMENT TO 150' N, OF MELBOURNE) PRIDDY LANE (WHITE SETTLEMENT TO MELBOURNE) WESTWII�D DRNE (LAKE COUNTRY DRNE TO SKYLAKE DRNE) YEAR 5, CONTRACT 50 PROJECT NO. 00452 I, COMPENSATION A. The ENGINEER shall be compensated at a lump sum fee of �140.408 for Basic Services as sunlrnarized on E�chibit "B-3." Payment of the fee shall be considered full compensation for the services described in Exhibit "A-1"and "A-2" for all labor, materials, supplies, and equipment necessary to complete the project. B. Partial payment shall be made monthly as stipulated on Exhibit B-1 upon receipt of an invoice from the ENGINEER, prepared from the books and records of fhe ENGINEER. Each invoice is to be vexif`ied as to its accuracy and compliance with the terms of this contract by an officer of the ENGINEER. Payinent according ta statements will be subject to certiiication by the Director af Engineering Department or his authorized representative that such work has been performed. 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. The Design Phase shall have a schedule as follows: PartA— Pre-engineering shall be completed '7 calendar days after City approval of Notice to Proceed. Part B— Concept plans shall be completed 30 calendar days after pre-design kick off meeting. Preliminary plans, specifications, and contract documents shall be completed 6Q calendar days after City approval of concept plans. Fina1 plans, speciiications, contract documents and cost estimate will be competed 30 calendar days after approval of Preliminary Plans. part 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. Attachment B, Page I EXFIIBIT "B-1" (SUPPLEMENT TO ATTACHMENT "B"} METHOD OF PAYMENT DESIGN OF STREET REC�NSTRUCTION, WATERAND SANITARY SEWER REPLACEMENT ON MERRITT STREET (WHI I'E SET'TLEMENT TO 150' N. OF MELBOiJRNE) PRIDDY LANE (WHITE SETTLEMENT TO MELB�URNE) WESTWIlVD DRNE (LAKE COUNTRY DRIVE TO SKYLAKE DRNE) YEAR 5, CONTRACT 50 PROJECT NO. 00452 I, METHOD OF PAYMENTS The Engineer shall be paid in monthly partial payments as outlined below: A. The ENGINEER shall be paid in monthly payments upon the receipt of individual invoices for each partial payment request from the ENGINEER. B. Partial payments shall not exceed the equivalent of 30% of the total lump sum fee, until City approval of Exhibit A-1 and A-2, Part B, Section 1. C. Partial payments shall not exceed the equivalent to 60% of the total lump sum fee, until City approval of Exhibit A-1 and A-2, Part B, Section 2. D. Partial payments shall not exceed ihe equivalent to 90% of the total lump sum fee, until City approval of Exhibit A-1 and A-2, Part B, Section 3. E, The balance of the fee shall be payable after completion by the ENGINEER of Exhibit A-1, Part C. II. PROGRESS REPORT A. The ENGINEER shall submit to the designated representative of Director of Department of Engineering monthly progress reparts covering all phases of design by the 15th of every month in the format required by the City. Note: If the ENGINEER determines in the course of rnaking drawings and specifications that the construction cost estimate of $1 665,085 (as estimated in Exhibit "B-4") will be exceeded, whether by change in the scope of the project, increased costs or ather conditions, the ENGINEER shall immediately report such fact to the CITY's Director of the Engineering Department shall suspend all work hereunder. EBl-1 W:1Pu6licWorks�Projects\COF_City_of Ft Worth\COF03-501Contract\Coniract Documents�.4ttach B Exhibit B-1 .doc EXHIBIT "B-2" (SupplemenE Eo Attachmeni S) HOURLY RATE SCHEDULE 2004 CIP NElGHBORH��D STREET PROJECTS FOR Merritt Street {White Settlement io 150' N. of Melbourne) Pricldy Lane (White Settiement to Melbourne) Westwind Drive (Lake Country Drive to Skylake Drive) YEAR 5, CONTRACT 50 PROJECT NO. 00452 Hourly Rate Schedule Employee Classification Principal (PE} Project Manager (PE) Engineer (EIT/PE) CAD/Drafting Rate Emplovee Classification $175/Hr Sr, Project Manager (PE) $120/Hr Senior Engineer (PE) $85-$100/Hr Senior Designer $60-74/Hr Clerical Rate $140/Hr $105/Hr $80/Hr $45/H r All direct expenses and reproduction costs shall be charged at current commercial rafes and invoiced at cost plus ten (10%} percent. Sub-consultant work will also be invoiced at cost plus 10%. EB2-1 EXH[BIT "B-3A" (Supplement to Attachment B) SUMMARY OF TOTAL PROJECT FE�S 2004 CiP NEtGHBORHUOD STREET PROJECTS FOR Merritt Street (White SeEtlement to 150' N. af Melbourne) Priddy Lane (White Settlement to Melbourne) Westwind Drive (Lake Country Drive to Skylake Drive) YEAR 5, CONTRACT 50 PROJECT NO. 00452 Consultina Firm Prime Res�onsibilitv Prime Consultant Brown & Gay Engineers, Inc. Engineering & Project Management M/W�� Consultants Gorrondona & Assoc. Inc. Surveying LA Blueline Reproduction Multatech SWPPP Total for Professional Services Amount Percent $ 114,288 81°/a $ 17,620 13% $ 4,500 3% $ 4,000 3% $ 140,408 100% Pro�ect Description Scope of Services Total Fee M/WSE Fee Percent Professional Services Water, Sewer, Paving & Drainage $ 140,408 $ 26,120 19% �� EB3A-1 ��qRA �S��Rl�r+1�� iu « �% �'��, ��. EXH181T "B-3B" (Suppiement to Aitachment B) PROFESSIONAL SERVICES FEE SUMMARY 2004 CiP NEIGHBORHOOD STREET PROJECTS FOR Merritt Street (White SetElement to 150' N. of Meibournej Priddy Lane (White Settlement fo Melbourne) Westwind Drive (Lake Cvuntry Drive to Skylake Drive) YEAR 5, CONTRACT 50 PROJEC7 NO. 00452 A. Basic 5ervices: Professional fees for Basic Services are defermined per the procedures outlines in A Manual of Practice for Engaging the Services of a Consulting Engineer," published in 1982 by the Consulting Engineers Council and the Texas Society of Professional Engineers. Proposed fees ere based upon Curve "A", which has been established for water distribution lines under 16"-diameter and sanitary sewer collection lines under 24"-diameter. Curve "A" has also been determined appropriate for roadway recanstruction projects; whereas Curve "B" is appropriate for new roadway construction. The significant constraints (existing driveways, parkway enhancements, infersecting streets, etc.) associated with a reconstruction project justify the use of Curve "A" over Curve "B". f'art A- Conceptual Design, and Part B- Plans & Specifications Transportation & Public Works: (Construction Cost X ASCE Curve "A" X 85%) Paving & Drainage $884,732 X 7.35% X 85% _ $55,274 Water Department: (Construcfion Cost X ASCE Curve "A" X 85%) Water Improvements $490,853 X 7.35% X 85% _ $30,667 Sanitary Sewer Improvements $289,500 X 7.35% X 85% _ $18,087 $48,754 T&PW and Water Basic Services Total B. Additional Services: Transportation & Public Works: Erosion Control Plans & SW3P Meetings & Reports Printing & Reproduction Subtotal Administrative (10%) Fee on M/WBE Firms Additional Services Subtotal $104, 028 _ $ 2,000 _ $ 1,637 _ $ 4,818 _ $ 1,388 _ $ 9,843 Water Department: Erosion Control Plans & 5W3P =$ 2,000 Meetings & Reports = $ 1,443 Printing & Reproduction Subfotal = $ 4,250 Administrative (10%) Fee on M/WBE Firms =$ �,224 Additional Services Subtotal = � 8�9�7 T&PW and Water: Additional Services Total EB3B-1 _ $ 18,760 EXHIBIT "B-3B" (Supplement to Attachment B) PROFESSIONAL SERVICES FEE SUMMARY 2004 CIP NEIGHBORHaOD STREET PRUJECTS F�R Merritt Street (White Settiement to 150' N. of Me(bourne} Priddy Lane (WhiEe Settiement to Melbourne) Westwind Drive (Lake Gountry Drive to Skyfake Drive) YEAR 5, CONTRACl' 50 PROJECT NO. 00452 C. Summary of Total Fee Surve in Services � Additional/Other � Re roduction � � Breakdown of Water, Sewer, and Paving Fees: 1. Total Water Fee (less surveying) _ $ Concept (30%) $ Preliminary (60%) � Final (10%) � 2. Total Sewer Fees (less surveying) _$ Concept (30%) � Preliminary (60%) $ Final (10%) $ 3. Paving Fees (less surveying) _ $ Concept (30%) � Preliminary (60°/a) � Final {10%) � 630,667 $ 18,087 $ 6,357 $ 3,913 $ 2,333 $ 2,335 $ 2,125 $ 2,125 $ 41.482 $ 26,459 $ 35,125 10,538 21,075 3,512 22, 546 6,764 13,528 2,254 65,117 19,535 39,070 6,512 EB3B-2 55,274 $ 7,350 $ 5,024 $ 4,818 $ 72,467 $ 104, 028 17,620 9,692 9,068 140,408 EXHIBIT "B-3C" (Supplement to AtEachment B) FEES FOR SURVEYING SERVICES 2004 CIP NEIGHBORHOOD STREET PROJECTS FOR Merritt Street (White Settlement io 150' N. of Melbourne) Priddy Lane (White Settlement to Melbourne) Westwind Drive (Lake Country Drive to Skylake Drive) YEAR 5, CON7f2ACT 5d PROJECT IdO. 00452 Surveying Services (Gorrondona & Assoc. inc. } Paving Topographic Surveys Water Topographic Surveys Sanitary Sewer Topographic Surveys 7otal for Surveying Services by Gorrondona & Assoc. Inc. EB3C-1 4,200 LF @ $1.75/LF $ 7,350 4,890 LF @ $1.3d/LF $ 6,357 3,010 LF @ $1.30/LF $ 3,913 $ 17,620 EXHfBIT "B-3D" (Supplement to Attachment B) ADDITIONAL SERVICES 2004 CIP NEIGHBORHOOD STREET PROJECTS FOR Merritt Sireet (White Settlement to 150' N. of Melbourne) Priddy Lane (White Settlement to Melbourne) Westwind Drive (Lake Country Drive to Sky[ake Drive) YEAR 5, CONTRACT 5Q PROJECT NO. 00452 Addiiional Services Prepare SW3P W/NOI & NOT Prepare Monthiy Progress Reports Attend Public/Neighborhaod Meetings Administrative (10%) fee on M/WBE Firms Total for Additional Services Transportation & Public Works: Water Department (Water & Sanitary Sewer): $120/Hr X 15 Hrs = $100/Hr X 22 Hrs = $120/HrX0.5HrsX8= $100/HrX2 HrsXB= EB3D-1 $100/Hr X 10 Hrs = Survey Reproduction SWPPP $ 1,800 $ 2,200 $ 4,000 $ 480 $ 1,600 $ 2,080 $ 1,000 $ 1,000 $ 1,762 $ 450 $ 40� $ 2,612 $ 9,692 $ 5,024 $ 4,668 EXHIBlT "B-3E" (Supplement to Attachment B) �'EE FOR REPRODUCTION SERVICES 2004 CIP NE[GHBORHOOD STREET PROJECTS FOR Merritt Street (White Settlement to 150' N. of Melbourne) Priddy Lane (Whtte Settlement to Melbourne) Westwind Drive (Lake Couniry Drive to Skylake Drive) YEAR 5, CONTRACT 50 PROJECT NO. 00452 Printing & Reproduction Conceptual Design Report 4 Sets of Report $0.20/Pg X 30 Pg/Report X 4=$ 24 Preliminary & Utility Clearance Plans 16 Sets of Constr. Plans $2.00/Sheet X 40 Sht/Plan X 16 =$1,280 2 Sets of Specifications $0.20/Sheef X 250 PglSpec X 2=$ 100 Final Plans 4 Sets of Constr. Pfans $2.00/Sheet X 40 Sht/Plan X 4=$ 320 2 Sets of Speci�cations $0.20/Sheet X 250 Pg/Spec X 2=$ 100 Sid Documents 50 Sets of Constr. Plans $2.00/Sheet X 40 ShUPlan X 50 =$ 4,000 50 Sets of Specifications $0,20/Sheet X 250 Pg/Spec X 50 =$ 2,500 Mounted Exhibits for Public Meetings 1 Drawing $30.00/Board X 5 Each =$ 150 Final Mylars for Record Purposes 1 Set of Plans $10.DO/Sheet X 40 Sht/Plan X 1=$ 400 PDF - Water and Sewer Files Scanning/PDF Creation $4.00/Sheet X 25 Sheets =$ 10d CD Creation 1- CD =$ 15 PDF-TPW Scanning/PDF Creation $4.001Sheet X 16 Sheets =$ 64 CD Creation 1- CD =$ 15 Printing & Reproduction Subtotal Transportation & Public Works Water Department (Water & Sanitary Sewer): _ $ 9,068 $ 4,818 $ 4,25D EB3E-1 C'lf�i�,'�b�l'l !j(6N�� 9� ��;�?�� , r�`��, ��, � c d r � Q 0 c d � O. a � N � � O � � � 0 V � W � `� � a W W � F- � A 0 O O m x c� w z a U 0 0 N O Z 0 � T w � d m a�i y � � � � � � � � � N � d a ci Z W U W � °� a ATTACHMENT "C" AMENDM�NTS 70 STANDARD AGREEMENT & A1'TACHMEN7 "A" 2004 CIP NEIGHBORHOOD STREET PRQJECTS FOR Merritt Street (White Sett[ement to 150' N. af Melbourne) Priddy Lane (White Settlement to Melbourne) Westwind Drive (Lake Country Drive to Skylake Drive) YEAR b, CONTRACT 50 PROJECT NO. 00452 ftems and services which have been, at this time, excluded from Brown & Gay Engineers, (nc.'s scope of work: Standard Agreement for Engineering Services Article IV, Paragr�ph G. Construction Progress Payments Article IV, Paragraph H. Record Drawings Attachment "A", General Scope of Services Phase 4, 22) Site Visits (during construction to report on progress). Phese 4, 26) Record Drawings AC-1 B ATTACHMENT D PROJECT SCHEDULE 2004 CIP N�IGHBORHOOD STREET PROJECTS FOF2 B(ackmore Avenue (Prevost Streei to Hervie Street) Kilpatrick Avenue (Eldridge Street to East Dead End) Kifpatrick Avenue (Hervie Sfreet to Bourine Street) YEAR 3, CONTRACT 35 pF20JECT Na. 00292 2004 CIP - Year 3, Contract 35 Pre-Encllneering Conceptual Desi n and Recommendations Submit 4 Copies of Conce t Re orts to Cf Conce tual En ineering Review by City Conceptual Re ort Review Meeting Pre(fmtna Ptans & Technical S ecifications Prelimina Desi n Preliminary Construction Plans Create Roadwa Cross Section Sheets (15 sheet: Submit 16 Sets Of Prelimina Const. Pians Pre are Rights of Entry as Required (20 estimatec Prepare Prelim. Estimate of Probable Const. Cost Prelimina Contract Documents & S ecifications Submit 5 Sets Of Constr. Plans, Contract Docs. & Prelimina Pians Review b the City Preliminary Plan Review Meeting w/ CITY Finaf Plans & Technicat 5 ecifications Final Construction Plans �'inal Estimate of Probable Construction Cost Final Contract Documents and Specifications Submit Final Plans, Estimates and Specs. Final Plan Review by City Final Plan Review Meeting C Pre-Construction Assisfance Pre are and Submit Bid Documents Provide Bidding Assistance Provide Bid Recommendation and Award Bid Pre-Consfruction Mee6ng Pre-Construction Neighborhood Meeting Assistance During Construction ration 5 1 5 1 43 21 26 1 5 1 57 10 33 5 1 5 5 '12 1 7 2 44 16 8 8 1 15 10 75 9 20 6 0 0 Contract :art Rate Finish Date -Oct-06 12-Oct-07 2-Oct-46 6-Oct-06 2-Oct-06 2-Oct-06 2-Oct-06 6-Oct-06 6-�ct-06 6-Oct-06 3-Oct-D6 14-Nov06 3-Oct-06 23-Oct-06 9-Oct-06 3-Nov-06 3-Nov-06 3-Nov-06 6-Nov-D6 10-Nov-06 14-Nov-06 14-Nov-06 15-No�-06 10tilan-O7 1 �-Nnv-06 24-Nov-06 27-Nov-06 29-Dec-06 1 &Dec-06 29-Deo-06 2-Jan-07 9-Jan-07 11tiJan•07 11-Jan-07 19-Jan-07 19-Jan-07 26-Jan-07 29-Jan-07 13-Feb-07 24-Feb-07 24-Feb-07 8-Mar-07 29-Mar-07 3-Mav-07 29-bec-06 27-Dec-06 29-Dec-05 29-Dec-06 29-Dec-06 8-Jan-07 10-Jen-07 23-�'eb-07 26-J an-07 26-Jan-07 26-Jan-07 26-Jan-07 12-Feb-07 23-�eb-07 10-May•D7 5-Mar-07 28-Nf ar-07 4-Apr-07 3-May-07 O N W J 0 Q ~W Z = wV �� S F QU K� 0 Q � a U uJ O � a W � UJ ❑ O a� m�� W Z o a.oz° U "� K �j o � 'p N i- 4- � � N � y � o ❑, o 0 � _ .c � � o` N :=' C L = - � . .� dUl N 'N --_ N M � Z _ 7 9 � D = p C O V -' p � " � � 'd-' 7 ? _ U � � -_ E � o ___ w � �N ° V ' = '� � U W v � _ ° � ,� a °' =_ Q- � � __ v a � � a U � 4. � d � p C a � a u� li -_ ° '" _ _ m V � � �E -__ u o o N a v�_ , 'o N y ;e � ;;�. 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L .�. : c � N ��' c ; Z .o ;rn c U � ° m '�5 U ' C '� 2 • � �i ' c � �� o m i� (] U ; y � � i'm ! N a �n : Q •� i Q i CITY oF FORT waR�rH �RTMENT OF ENGINEE 2004CAPITALIMPROVEMENTSPROJECT MERRITT ST (WNITE SETTIEMENT RD. TO 150' tJ OF MELBOURNE DR), PRID�Y W(NMITE SETTLEMENT RD. TO MELBOURNC DR). WES7WIND DR. ( SKYLAKE OR. TO L4KECOUNTRY DR. ) YEAR 5, CONTRACT 50 - PROJECT NO. 00452 PROJECT L.QCAT[ON MAP BR�Il� CIV[L ENGINEERS 1D8 WEST BTH STREET, SUITE 200 & GAY FORT IYORTH, TEXAS 76102 cr+orr�aa wa (817) BB7-6130 Job No.: Date: Attachment: ;heOF 5 COF03-50 JULY 2006 'E' 1 5 6 � 7 g g 10 11 12 13 W 1 2 3 4 7F= � , � 20 19 18 1� 75 14 T4 0 10 9 8 ' � 13 11 Y c. �� r m s�� 4"M TER �3 R T Y L IMI TS 13� To8 i.5' 129A 129 2 132 N B A 1300 • 33 25' 13�P J 128 10' _ 1�5' � 134 13D0 - 1�Ld'A C 135 130N 127B � 136 D 13DM 126A � E � 137 � 126B / F V oO 138 125A 139 � � 125B � � 25� - 140 1301 ' SC 141 � � � 50' 142 K 125D 130G 124A 143 � 13DF 124B 144 5�' 10' 13DE 145A 118 5 ' � N 48" � Esm't �147 � � 13 3 �� H ~ 119 130C i- \.( � �� 145-3 � 122B a � V-1 130B � 1 2 \�` � 19B � 120 ��" 122 A1 17.5' `n 145B2 145B1 1?d 13�AR � 12 "� r c.i € N 200' 0' 200' 'a a 12" SCALE 1" = 200' e � CITY OF FORZ' WORTH ; 5' � � DEPARTMENT 0�' ENGINEERING � T R r' 2D04 CAPITAL IMPROVEI.IENTS PROJECT „ 26 T R 26 A MERRITT ST (WHITE SETTLEMENT RD. TO 150' N OF IAELBOURNE DR), � PRIDDY W(WHffE SETTIEMENT RD. TO MELBOURNE Oft). $ LEGEND WESTWINDDR.(SKYL4KEDR.TOLA}CECOUNTRYDR.) � _ � O RE�AOvE ANO REPLACE YEAR 5, COFITRACT 50- PROJECT N0.00452 -- E%ISTING 6' WATER LINE —� EXISTING FIRE HYDRANT FIRE HYDRANT CONCEPTUAL WATER PLAN MERRITT DR. & PRIDDY LN. ` � PROPOSED B" WATER LItJE � PROPOSED FIRE hIYDRANT � SANIYARY $EVfER CROSSING BROWN CIVIL ENGINEERS � 100 Y�EST BTH STREET, SUITE 200 , PROPOSED RE�UCER p PR�PDSEO WATER VA�VE & GAY FOR -��A��S � �� i a0 �p��'t'(�N � �) � g FJ+G�+EERS INC. ��tt�Y6 i Job Np.: Date: ,� COF03-50 JULY 2006 �'�`E� !' 0 5 ��k �Y. �'�u��, i��o 7 I 8 I 9 I 10 I 11 ! 12 I 13 I 1 � I 2��3 I 4 I � n�/SI7� 2p 19 18 1� 15 14 14 " o V" }p g g � Y L MlT °� L� 22 13 11 32+7 8+95E 9+50E 5+15 13 R 32+43 TY LIMITS 131 108 1.5' 29A 129 2 132 !- � - � A 130Q • � 33 25' 130P � 128 10' 1�5' 192�A � 134 1300 C i 0' 2 28' 31+55 135 130N t27B � O� 136 D 130M - 126A � N I\ E � � d' 137 � 126B � 138 F (, oo . J G � 125A `v 5*35E 5+07 � �258 � � 25' �4o H + 6+50E 1301 125C 141 � 50' 142 K 125D 130G � °� 143 � L � 124A 130F � 144 S�' 124B 13�E 1d' 145A TR 19B 118 t3 5p 3 � 119 130C }' � � 145-3 � 9+95 �22g w 130B � ap 1 � 2 � 120 10 t80E 17.5� 122 A1 J � N � Esm'f *147 N 145B2 145B1 1?� 130AR � 12 - N ^ N r 1;87E 12+06 200' o' 200' � � L - 4.3D6 SCALE 1" = 200' � � 2+gpE 22+78E 1+81 11+3 E CITY OF FORT WORTH � g 5' � � DEPARTMENT OF ENGiNEERING � TR �' 2004 CAPITAL IMPROVEMENTS PRQIECT • 26 � TR LE A MERRITT ST (WHITE SETTLEMENT RD. TO �50' N OF MELBOURNE DR), �g PRIDOY LN (Wri{7E SE7TLEMENT RD. TO MELBOURNE DR). � L E G E N D WESTWIND OR. ( SKYLAKE DR. TO LAKE COUNTRY DR. ) YEAR 5, GONTRACT 50- PROJEGT NO. 00452 b — EXISTING 6" SEWER LINE � EXISTING MANHOLE � REIA04E AND REPLACE ti�pNHOLE CONCEPTUAL SANITARY SEWER PLAN MERRITT DR. & PRIDDY LN. � PROPOSED 0" SEWER L1NE O PROPOSED NEW IAANHOLE �R(��N CIV1L ENGINEERS s V lOB WEST 8TH STREET, SUITE 200 '�� & GAY FORT WORTH, TEXAS 761D2 e ABMAON SAMITAftY SEWER L]WE �817� 887-6130 g EHLYHEEPS, 0lC. � Job No.: Date: Atlochment: Sheel: � � COF03-5o JULY 2006 'E' 3 OF 5 .�I: City of Fort Worth, Texas Mayor and Council Cor�rr�unication .� �� COUNCIL ACTION: Approved on 9/26/2006 - Ordinance No. 17175-09-2006 DATE: Tuesday, September 26, 2006 LOG NAME: 30MERRITT452 REFERENCE NO.: **G-15409 SUBJECT: Authorize Execution of Engineering Agreement with Brown & Gay Engineers, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Merritt Street, Priddy Lane and Westwind Drive (Project No. 00452) and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $77,928.12 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $47,669.50 and Sewer Capital Projects Fund in the amount of $30,258.62; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $47,669.50 and the Sewer Capital Projects Fund in the amount of $30,258.62, from available funds; and 3. Authorize the City Manager to execute an engineering agreement with Brown & Gay Engineers, Inc., in the amount of $140,408.00 for pavement reconstruction and water and sanitary sewer main replacement on Merritt Street, riddy Lane an estwind Drive. DISCUSSION: The 2004 Capital Improvement Program (CIP) includes funds for pavement reconstruction on Merritt Street (White Settlement to 150' North of Melbourne), Priddy Lane (White Settlement to Melbourne) and Westwind Drive (Lake Country Drive to Skylake Drive). 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. Brown & Gay Engineers, Inc., proposes to perform the necessary design work for a lump sum fee of $140,408.00. City Staff considers this fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount $23,192.34 (water: $6,187.50; sewer: $3,799.62; and streets: $13,205.22) is required for project management by the Engineering Department. Brown & Gay Engineers, Inc., is in compliance with the City's M/WBE Ordinance by committing to 19% M/WBE participation. The City's goal on the project is 17%. This project is located in COUNCIL DISTRICT 7, Mapsco 31 M and 61 T. Lo�name: 30MERRITT452 Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, and 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 6071700452ZZ 1&2)P258 472045 7071700452ZZ 2)P253 531350 607170045210 2)P253 531350 607170045220 �P253 531350 607170045231 2)P253 531200 607170045231 2)P253 531350 607170045232 2)P253 531200 607170045232 2)P253 531350 607170045233 2)P253 531200 607170045233 � P253 531200 607170045251 2)P253 531350 607170045260 2)P253 533010 607170045281 2)P258 531350 707170045210 2)P258 531350 707170045220 2)P258 531350 707170045231 2)P258 531200 707170045231 2)P258 531350 707170045232 2)P258 531200 707170045232 2� P258 531350 707170045233 � P258 531200 707170045233 � P258 531200 707170045251 � P258 531350 707170045260 2)P258 533010 707170045281 FROM Fund/Account/Centers $47 669.50 1)PE45 538070 0609020 $30,258.62 1)PE45 538070 0709020 375.00 375.00 3)P253 531200 607170045231 31P253 531200 607170045232 1 406.25 �P253 531200 607170045233 $10,538.00 3)P253 531200 607170045251 2 812.50 3)P258 531200 707170045231 $21,075.00 3)P258 531200 707170045232 468.75 3)P258 531200 707170045233 3 512.00 3)P258 531200 707170045251 6 357.00 3)C200 531200 207400045231 375.00 3)C200 531200 207400045232 375.00 3)C200 531200 207400045233 230.28 � C200 531200 207400045251 230.28 863.55 6 764.00 1 727.10 $13,528.00 287.85 2 254.00 3 913.00 230.28 230.28 Submitted for City Manager's Office by: Marc Ott (8476) Originatin�Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Dena Johnson (7866) $47,669.50 $30,258.62 $10,538.00 $21 075.00 3 512.00 6 357.00 6 764.00 $13,528.00 2 254.00 3 913.00 $19,535.00 $39,070.00 6 512.00 7 350.00 Logname: 30MERRITT452 Page 2 of 2