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HomeMy WebLinkAboutContract 38511I Y SECRETAP? CONTRACT NO.' CITY OF FORT WORTH, TEXAS aaj-L STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and James DeOtte Engineering, Inc., (the "ENGINEER"), for a PROJECT generally described as: Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 1. 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. STANDARD EN6INMRJI IG�#6" Y'(REV 10/06/05) Page 1of14 ORIGINAL 04-30-09 PO4:46 IN 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 2 of 14 E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on -site observation(s), on the basis of such on -site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 3 of 14 management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 4 of 14 records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3)hereof. CITY shall give subcon-sultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned when said vehicle is used in the course of the PROJECT. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 5 of 14 Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims -made basis and shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the City for each year following completion of the contract. (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of forty-five (45) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 6 of 14 (f) Deductible limits, or self insured retentions, affecting insurance required herein shall be acceptable to the CITY in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions in writing. (�} For all lines of coverage underwritten on a claims -made basis, other than Professional Liability, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims - made. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis. (1) Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 7 of 14 The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services and will provide labor and safety equipment as required by the ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 8 of 14 Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. STANDARD ENGINEERING AGREEMENT (REV 10106105) Page 9 of 14 H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 10 of 14 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 11 of 14 (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 12 of 14 J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. STANDARD ENGINEERING AGREEMENT (REV 10106/05) Page 13 of 14 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed this the � day of ATTEST: V � bij Marty Hendrix City Secretary Contract, Authorization Date APPROV,EUAS TO RM-ANb LEGALITY Assistant ' ;ttorne y ATTEST: STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 14 of 14 , 2009. CITY OF FORT WORTH By- Fernando Costa Assistant City Manager APP VAL R MMEN D S. Frank Crumb, P.E. Director, Water Department JAMES DeOTTE ENGINEERING, INC. ENGINEER By: C J mes . DeOtte, P.E., R.P.L.S. Pre ' nt OFFICIAL RECORD CITYSECRETARY FT. WORTH, TX ATTACHMENT "A" General Scope of Services "Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence over the General Scope of Services." 1) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed street, and storm drain and/or water and wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechnical Investigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable -1- delays, a mutually agreeable and reasonable time extension shall be negotiated. 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the Department of Engineering and shall become the property of the City. City may use such drawings in any manner it desires; provided, however that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. PHASE 1 7) Right -of -Way, Easement and Land Acquisition Needs The Engineer shall determine the rights -of -way, easement needs for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights -of -way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights -of -way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four (4) copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility liens or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. -2- 10) Conceptual Plans The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross -sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. 192 16) PHASE 4 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. lfI 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. &11 • DESIGN SERVICES: WATER AND/OR SANITARY SEWER IMPROVEMENTS The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT A. Work under this attachment includes the design of the Village Creek Parallel Relief Main M-257 Part 1. SANITARY SEWER MAIN 257 r B11 City Project No. 1226 BASIC AND SPECIAL SERVICES The work entails the following: The project will begin at the existing junction structure at M-295 (Sta 0+00 M-257 "D") and extend south, to the junction box connection at Main 423 (Sta 98+88 M-257 "D") and, totaling approximately 11,300 LF of pipeline as generally identified in Main 257 Alignment Study performed by Dannenbaum Engineering Corporation, May 2003. Upon receipt of Notice to Proceed, the ENGINEER will perform the following tasks: 1. Initial Data Collection 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. CITY will provide to the ENGINEER all hard copy and digital information related to the project at or near the time of the initial meeting. For purposes of establishing budget and task goals, three (3) meetings are anticipated. These include the following: One (1) pre -design kick-off meeting, (including the CITY's Water Department and other departments that are impacted by the project). One (1) with City of Burleson, City of Crowley, and City of Fort Worth. FAl -1 Rev 02/17/2009 One (1) with design engineer for southern tie-in point. b. Data Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, property ownership as available from the Tax Assessor's office. The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the Engineer with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design surrey, if a rod can be inserted through the cleanout to the bottom of the service line, the Engineer will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the Engineer shall delay the design of the sewer service line until after the start of construction. The CITY will then direct the Contractor to de -hole the service line at the clean -out location of all buildings or structures so that the Engineer's surveyor can determine the flow line of the sewer service line. The Engineer shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. During the concept phase the ENGINEER shall coordinate with all utilities, including utilities owned by the City, TxDOT and railroads. These entities shall also be contacted if applicable, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall be shown on the concept plans. The ENGINEER shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines within the project limits. ENGINEER shall complete all forms necessary for City to obtain permit letters from TxDOT and railroads and submit such forms to the City. City shall be responsible for forwarding the forms to the affected agencies for execution. EAl. -2 Rev 02/17/2009 ENGINEER shall complete forms necessary for CITY to make application for permits from Cities of Burleson and Crowley, Texas Department of Transportation (TxDOT), U.S. Army Corps of Engineers (USACE), Barnett Shale Gas Pipelines, Electrical Power Companies, and Tarrant County, and submit such forms to the CITY. CITY shall be responsible for forwarding the forms to the affected agencies for execution. ii. If coordination meetings are required, the ENGINEER will participate in up to six (6) coordination meetings with other Agencies. The ENGINEER shall submit a progress schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress reports as required under Attachment B of the contract. Monthly Progress Report — The ENGINEER shall submit a progress schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with twelve (12) monthly progress reports as required during the design phases. Any delays imparted by any of the other parties involved may impact the ENGINEER's schedule, necessitating a project schedule delay. INF Conceptual Engineering — An aerial photo with overlaying property owner lines will be prepared by the ENGINEER and used to identify the CITY's existing and proposed gravity sewer routing. The CITY has previously determined the preferred alignment, and so no distinct alignment alternatives will be evaluated as part of this work. A brief Technical Memorandum will be prepared to recommend connections between the existing main and the new main. A conceptual level opinion of probable construction cost will be included. One (1) review meeting at completion of the CITY's review of the conceptual engineering technical memorandum will be conducted. Approval of the routing by the CITY will allow design survey to begin. i. ENGINEER will perform field surreys to collect horizontal and vertical elevations and other information that 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 sanitary and adjacent EA1-3 Rev 02/17/2009 storm sewers, rim/invert elevations, location of buried utilities, structures, and other features relevant to the final plan sheets. Compile base plan from field survey data. Utility Location — ENGINEER will locate visible utilities including, but not limited to, manholes, valve boxes, power poles, drainage structures, telephone pedestals and pipeline markers as well as location of DIGTESS utility markers. For sewer lines located in alleys, backyards, or on private property, ENGINEER will obtain the following: Obtain permission for surveying through private property. Locate horizontal and vertical alignment of utility lines. Tie improvements, trees, fences, walls, etc., horizontally along rear lines in an approximately 100' wide strip. In addition, locate all rear house comers and building comers in backyards. The topographic design survey consists of the route survey being 11,300 LF. The topographic survey shall be 100 feet in width and shall be 50 feet left and right of the proposed centerline, survey shall extend far enough to include data 50 feet in all directions of all electric transmission line towers. The topographic survey shall include locating all existing features within the topographic limits of the survey. Topographic elevations shall be taken as needed to generate an accurate Digital Terrain Model. Features located shall include, but not limited to, pavements, sidewalks, buildings, bridge columns, bridge low beam elevations, trees (tree lines in highly condensed areas, individual trees 12 inches or larger including landscape trees), fences, curb and gutter, manholes, water valves and other visible features. Profile existing water and/or sewer line centerline. Compile base plan from field survey data at 1 "-40' scale. When conducting design survey at any location on the project, the consultant or its sub -consultant shall cant' readily visible information identifying the name of the company and the company representative. All company vehicles shall also be readily identified. Soil Borings — Stake approximately 11 soil boreholes and approximately 10 SUE utility locations along the project route. Easement Staking — Stake proposed easements (where requested by property owner) to show property owners on the ground the limits of the easement. This staking is to aid in easement acquisition where necessary. The limits of the proposed easements will be staked at 200-foot intervals and at all PCs, PTs, Pis, EA1-4 Rev 02/17/2009 and property lines. It is assumed that up to 5000 LF will be required for this service. ii. Engineer will provide the following information: All plans, field notes, plats, maps, legal descriptions, or other specified documents prepared in conjunction with the requested services shall be provided in a digital format compatible with the electronic data collection and computer aided design and drafting software currently in use by the CITY. 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 Acrobat PDF format and either of the following two formats: MicroStation (DGN) or Autocad (DING and DXF) format (currently Release 2007). 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. Project Control Sheet, showing ALL Control Points, used or set while gathering data and those established for this Project by the ENGINEER, based on CITY standard coordinates. Generally on a scale of not less than 1:400: 2. The following information about each Control Point; a. Identified (E)dsting City Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast comer of North Side Drive and North Main Street). 3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control Points. 4. No less than two horizontal control points and two bench marks per 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 F'Al -5 Rev 02/17/2009 sewer service line is to be relocated or rerouted. 8. Additionally the ENGINEER will provide the following: a. Re -stake control points prior to construction so that general construction contractor or city surveyor may locate them easily. b. Survey the existing 257 main alignment top of manhole and flowlines northing, exsting, and elevation. c. Locate edge of wetlands and archeological features, if required, as directed by engineer's permitting staff. d. Locate existing centerline crest and top of bank, outside normal 100-foot width of survey, where necessary, up to 2000 feet. e. Stake proposed centerline of pipeline at 100 foot intervals and at all Pis, PTs, PCs. iii. Public Notification and PersonnelNehicle Identification Residential notification is required for field surveys on this project, mail -outs will be prepared for approval by CITY Water Department staff. The mail out shall be on company letter head and shall include the project name, study limits, City project no., brief description of the project, and consultant's project manager name and telephone number. Each property owner will be notified by letter that a surveyor, engineer, and/or other professionals will require access across the property. The letter will request permission for access. ,M If Right of Entry acquisition is required for field surveys or other work on this project, mail -outs will be prepared for approval by CITY Water Department staff. The mail out shall be on company letter head and shall include the project name, study limits, City project no., brief description of the project, and consultant's project manager name and telephone number and a place for the property owner to sign giving permission to access the property. When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. All company vehicles shall also be readily identifiable. EA1-6 Rev 02/17/2009 c. Conceptual Engineering Plan Submittal Conceptual plans shall be submitted to City 120 days after Notice to Proceed Letter is issued. The ENGINEER shall perform conceptual design of the proposed improvements and furnish four (4) copies of the concept engineering plans which includes layouts, preliminary right-of-way needs and cost estimates for the ENGINEER's recommended plan. ENGINEER shall perform remaining field surveys required for final design of selected route(s). The ENGINEER shall also evaluate the phasing of the water, sanitary sewer, street and drainage work, and shall submit such evaluation in writing to the City as a part of the concept phase of the project. All design shall be in conformance with Fort Worth Water Department policy and procedure for processing water and sewer design. ENGINEER shall review the City's water and sewer master plan, other pertinent design information and provide a summary of findings pertaining to the proposed project. 2. Preliminary Engineering Upon approval of Part C, Paragraph i, ENGINEER will prepare preliminary construction plans as follows: a. Overall water and/or sanitary sewer layout sheets and an overall easement layout sheet(s). The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement / existing sewer mains and all sewer appurtenances in the vicinity. b. Preliminary project plans and profile sheets on 22" x 34" sheets which show the following: Proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes etc., related appurtenances and all pertinent information needed to construct the project. In addition, the Engineer shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. The information shall be shown on the plan sheets. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. Rev 02/17/2009 c. For sewer lines, pipelines schedule for point repairs, rehabilitation and replacement will be located on the base sheets prepared from survey information gathered under Part B, Paragraph b. Conflicts shall be resolved where pipelines are to be rehabilitated on the same line segment. Base sheets shall reference affected or adjacent streets. Where open -cut and trenchless technology construction is anticipated, below and above ground utilities will be located and shown on the base sheets. d. Existing utilities and utility easements will be shown on the plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to determine if any future improvements are planned that may impact the project. utilities and utility easements will be shown on the plan sheets. ENGINEER will coordinate with utility companies and the CITY will determine if future improvements are planned that may impact the project. All visible utilities will be located. e. The design for sewer service line reroute/relocation will be provided if the flow line elevation of the sewer service can be determined from the cleanout location. If this elevation cannot be determined during design survey, the design shall be provided after award of the construction contract as specified in Part A, Paragraph 1 b. The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. g. The ENGINEER will prepare standard and special detail sheets for sewer construction that are not already included in the D-Section of the CITY's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and reconnections to the existing main. ENGINEER will conduct one (1) meeting with the CITY to discuss special details, including creek crossing and connections to the existing main. EA3.-s Rev 02/17/2009 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 will be appropriated based on available information and recommendations will be made for approval by the City. ENGINEER will provide initial property and right-of-way research based on Tarrant County Appraisal District maps. i. Right-of-way/Easement Preparation and Submittal Preparation and submittal of right-of-way, easements and rights -of - entry will be in conformance with "Submittal of Information to the right-of-way and easement section of T&PW for Acquisition of Property". Easement descriptions for up to 26 parcels will be prepared. Each "easement" will include both temporary construction and permanant easement documents, with the understanding that it is on the same property, if required. Each property that will require an easement will require title and abstracting research and an Abstract Certificate Report. The CITY will acquire all easements. Providing the services of land agents to assist in securing easements and providing expert witness testimony as required for condemnation hearings, including the preparation of engineering data and reports, will be provided if approved by Additional Services request. Section 404 Permitting — ENGINEER will conduct field investigation required to delineate jurisdictional wetlands and/or waters of the United States for the proposed pipeline route and prepare ONE preliminary jurisdictional determination (PJD) report. The PJD will include summary of the identified waters of the U.S. along the northern section and investigated by others. The details from the northern section will be referenced in an attached Appendix. The PJD report will document the delineated pipeline route including any identified jurisdictional wetlands or waters of the U.S. within the limits of the PJD. ENGINEER will identify applicable Section 404 permit options. If the extent of the unavoidable impacts requires notification for a nationwide Section 404 permit, ENGINEER will prepare a pre -construction notification, alternatives analysis, and develop one mitigation plan report. If an individual Section 404 permit is required, work associated with this task would be covered EAl-9 Rev 02/17/2009 associated with this task would be covered under additional services. Also included is field work and preparation of a threatened and endangered species letter report for submittal to the U.S. Fish and Wildlife Service. Design or Construction Administration for implementation of USACE Section 404 Permit Mitigation Plan or preparation of annual compliance monitoring reports documenting survivability of plantings required for mitigation for five years after construction completion will be performed as an Additional Service. Preparation of an in-depth Biological Assessment (HEP or WHAP), if requested by Texas Parks and Wildlife Department and/or U.S. Fish and Wildlife Service, will be performed as an Additional Service. No City of Fort Worth or County tree permits are anticipated to be required for this project. Texas Water Development Board (TWDB) Clean Water State Revolving Fund (SRF) Program — ENGINEER will provide data for environmental documentation assistance to the CITY in pursuing SRF funding for the project. ENGINEER will provide necessary environmental documentation modifications to the Technical Memoranda previously prepared to submit as the Engineering Feasibility Report to TWDB. ENGINEER will provide the documentation and fieldwork necessary for drafting an Environmental Assessment (EA) as required by the TWDB and in accordance to SRF funding protocols. ENGINEER will provide one draft EA report necessary for public and state and federal agency review and comment. ENGINEER will advertise the EA on behalf of the CITY in a publication approved by the CITY. ENGINEER will provide state and federal agency review coordination and documentation necessary. ENGINEER will coordinate historical and cultural resources review with the Texas Historical Commission (THC). ENGINEER will provide the CITY with one draft Archaeological Survey report for coordination with the THC. Upon conditional approval by the THC, the ENGINEER will provide the CITY with one final Archaeological Survey report. After the public and state and federal agency comment and review period, ENGINEER will provide CITY one Final EA report for submittal to the TWDB to satisfy the environmental component of the SRF program. Additionally, the Engineer will provide additional documentation to the TWDB regarding easements and permits and will include TWDB required documents in the project Bid Documents. Up to two trips to Austin are included to attend meetings with TWDB. Archeological/Cultural Resources Survey EA1 -10 Rev 02/17/2009 a. Secure an antiquities permit from the Texas Historical Commission. b. Conduct a records search. c.Conduct a comprehensive on -the -ground survey, 6 backhoe trenches, and shovel testing in uplands locations. d. Carry out detailed artifact analysis for curation at the Texas Archeological Research Laboratory. e. Prepare a written report which will be submitted to the Texas Historical Commission (THC) for review and comments, and will meet the standards for cultural Resource reports prepared by the Council of Texas Archeologists (ND). f. Revise the report after review by the THC, ENGINEER, and the CITY, if needed, and submit 20 copies of the final report to the THC. g.The fee includes an assumption of 2 days of backhoe/operator and archival research in the event a historical site is encountered. If a historical site is found, demanding additional effort, then additional fee will be requested. Subsurface Geotechnical Investigations — Up to 11 bores. Bore locations to be approved by the CITY first, prior to conducting this task. Subsurface Utility Excavation - Subsurface Utility Excavation (SUE) will be performed in accordance with the American Society of Civil Engineers (ASCE), in publication Cl/ASCE 38-02. The quality level set for this project is Level A: a. Quality Level W: Precise horizontal and vertical location of utilities obtained by the actual exposure and subsequent measurement of subsurface utilities. b. The scope of this project will provide utility mapping to Quality Level A as specified below. The scope of work includes completing up to 10 test holes on various utilities along the project alignment. c.The ENGINEER will develop a utility conflict analysis. From the analysis, it can be determined where the test holes, Quality Level A, are required. It is estimated that up to 12 test holes may be required. We will provide a test hole data form for each utility exposed. The forms will include: depth of utility, surface elevation, top of utility elevation, pipe material, pavement thickness, coordinates of the test hole, size and type of utility, owner, bench marks, time, date, and pictures of the utility. d. Final deliverable will include test hole data forms signed and sealed by a licensed Texas professional engineer. e.The CITY will approve test hole locations. EA1-11 Rev 02/17/2009 General Locatinq (Quality Level A) Procedures A VacMaster System 4000 vacuum excavation truck will be used to complete all required test holes/Locating services. Upon completion of each test hole, two pictures will be taken, one of the utility and one of the test hole board showing the depth. Each test hole will be marked with a 5/8-inch rebar with cap or a chiseled 'Y' if the test hole is under pavement. The locating work will be performed on a per test hole basis. The rate includes CAD, Project Management (PM), and all field work and equipment necessary to produce test hole data forms. The rate is for 12 holes up to 9 feet deep. Additional depth will require additional fees. Structural Design of Junction (Boxes and Connection to Existing Structure Five junction boxes are included in this project. Isolation gates will be gear operated by portable truck mounted motors or other mechanical means. Any electrical design services (for electric motors, meter station, flow measuring or monitoring, SCADA control) will be provided by separate CITY authorized Additional Services request. Major variation from this standard design will be addressed as an additional service. If an inverted siphon, siphon boxes, or additional junction boxes are required, additional services will be requested. Odor Control Evaluation and Recommendation Coordinate with the CITY to gather input from potential neighborhood complaints to determine best location and specification for passive manhole insert device. No odor collection sampling and testing will be performed. No forced air ventilation bioscrubber or chemical scrubbers are anticipated for this effort. Utility Clearance Phase The ENGINEER will consult with the City's Water Department, Transportation and Public Works Department, and other CITY departments, public utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities that have an impact or EAI-12 Rev 02/17/2009 influence on the project. ENGINEER will design City facilities to avoid or minimize conflicts with existing utilities. The ENGINEER shall deliver a minimum of 13 sets of approved preliminary construction plans to the City's Utility Coordinator for forwarding to all utility companies, which have facilities within the limits of the project. Utility Clearance Phase k. Preliminary construction plan submittal Preliminary plans and specifications shall be submitted to City 120 days after approval of Part B, Paragraph iii (b). The ENGINEER shall deliver six (6) sets of preliminary construction plans and two (2) sets of specifications and contract documents to CITY for review. Generally, plan sheets shall be organized as follows: Cover Sheet General Notes/Legend Easement layout (if applicable) Abandonment Plan & Profile Sheets Standard Construction Details Special Details (If applicable) 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 submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. m. Public Meeting After the preliminary plans have been reviewed and approved by the City, the ENGINEER shall prepare project exhibits (up to three EAl-13 Rev 02/17/2009 mounted aerial alignments), 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 up to two public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. n. Storm Water Pollution Prevention Plan (SWPPP) For projects that disturb an area greater than one (1) acre, ENGINEER will prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the project for use by the Contractor during construction. Engineer will prepare drawings and details for proposed SWPPP improvement that the Contractor must use during construction. Contractor shall be responsible for filing the SWPPP with appropriate regulatory agencies. o. Traffic Control Plan The ENGINEER may utilize standard traffic reroute configurations posted as "Typicals" on the City's Buzzsaw website. The typicals need not be sealed individually if included in the sealed contract documents. In the event that the "typicals"(as described above) cannot be utilized on the project, the ENGINEER shall prepare a signed and sealed Traffic Control Plan for review and approval by the Traffic Division of the Transportation and Public Works Department. 3. Final Construction Plan Submittal a. Final Construction Documents shall be submitted to CITY 60 days after approval of Part B, Paragraph 2 k. b. A Quality Control (QC) workshop is to be held at approximately the 90 percent complete milestone. The CITY will be furnished six (6) sets of the plans, specifications, and bid proposals marked "Preliminary" for approval by the CITY. The QC workshop will involve participation by senior staff members from the ENGINEER and the CITY. c. Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents. Each sheet shall be sealed, dated, and signed by the ENGINEER. The ENGINEER will submit two (2) sets of plans and construction contract documents within 15 days of FAI-14 Rev 02/17/2009 of CITY's final approval. Plan sets shall be used for Part C activities. Revisions and changes required by OWNER for easement acquisition and/or other reasons to the pipeline alignments or sizes, after approval of the final alignment will be performed as an Additional Service. Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents to CITY (each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas) and submit two (2) sets of plans and construction contract documents within 15 days of CITY's final approval. Plan sets shall be used for Part C activities. 4. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shall submit a final estimate of probable construction cost with the final plans submitted. 5. Mylar Submittals The Final set of plans will be divided into two sets of plans in preparation for two separate construction contracts. The ENGINEER shall submit a final set of mylar drawings for record storage as follows: a. Water and sanitary sewer plans shall be submitted as one set of plans. Water and sanitary sewer plans shall be separate from paving and drainage plans. All sheets shall be standard size (22" x 34") with all project numbers (Water/Sanitary Sewer and TPW) prominently displayed. b. For projects where paving / grading / drainage improvements occur on a Water Department funded project with no T&PW funding involved, a separate set of mylars with cover sheet shall be submitted for TPW. c. Signed plans sets shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file. There shall be one (1) PDF file for the Water plan set and a separate PDF file for the TPW plan set. Each PDF file shall contain all associated sheets of the particular plan set. Sinqular PDF files for each sheet of a plan set EAl-15 Rev 02/17/2009 set will not be accented. PDF files shall conform to naming conventions as follows: Water and Sewer file name example — "X-35667—org36.pdt' where "X-35667" is the assigned file number obtained from the City of Fort Worth, "—org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example:X-12755—org 18.pdf TPW file name example — "W-1956 org47.pdf " where "W-1956" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053—org3.pdf and K-0320_org5.pdf Both PDF files shall be submitted on one (1) Compact Disk, which will become property of and remain with the City of Fort Worth. Floppv disks. zip disks. e-mail flash media will not be accented. For information on the proper manner to submit PDF files and to obtain a file number for the project, contact the Transportation and Public Works Department Vault at telephone number (817) 392- 8426. File numbers will not be issued to a project unless the City Project Number and proper fund codes have been assigned and are in the department of Transportation and Public Works database. PART C - PRE -CONSTRUCTION ASSISTANCE 1. Administration Deliver Bid Documents — The ENGINEER will make available for bidding, upon request by the CITY, up to forty (40) sets of the final approved and dated plans and specifications and contract documents for the project to the CITY for distribution to potential bidders. The CITY will be responsible for the distribution of bidding documents to prospective contractors, suppliers, and plan rooms. Proposal will be delivered in electronic format. FA1 -16 Rev 02/17/2009 b. Bidding Assistance 1. The ENGINEER shall assist the CITY during the bid phase including preparation and delivery of addenda to planholders and responses to questions submitted to the Department of Engineering by prospective bidders. ENGINEER will provide addendum required for clarification to plans and contract documents where documents are unclear. 2. ENGINEER shall attend the scheduled pre -bid conference. 3. The ENGINEER shall attend the project bid opening and assist in reviewing the bids for completeness and accuracy. 4. The ENGINEER shall develop bid tabulations in hard copy and electronic format, and submit four (4) copies of the bid tabulation and make a recommendation for award. 5. The above described bidding assistance shall be provided for two separate construction projects. c. Construction Documents The ENGINEER will make available for construction, upon request by the CITY, up to twenty (20) sets of the final approved and dated plans and specifications and contract documents for the project to the CITY for distribution to the contractor and CITY personnel. This will be performed at the request of the CITY and upon approval of a change order for the cost of plans and specifications requested. d. 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. Limited Construction Phase Assistance i. Preconstruction Conference — ENGINEER will attend the preconstruction conference. ii. Respond to Design -Related Contractor Questions — The CITY will provide necessary interpretations and clarifications of contract documents and respond to Requests For Information (RFI) specifically related to those portions of the Contract Documents designed by the ENGINEER. a. Evaluations of Contract Modifications — The CITY will review and evaluate Contract Modification Requests (CMRs), Field Orders, FAl-17 Rev 02/17/2009 and/or Change Orders (COs) as prepared and requested by the CONTRACTOR. b. Site Visits — Engineer shall visit the project site up to four (4) occasions at appropriate intervals as construction proceeds to observe construction activities or answer CONTRACTOR questions. c. The ENGINEER will review up to 20 shop drawings. d. The ENGINEER will not prepare record data drawings. e. The CITY will review and sign pay estimates. f. The ENGINEER will attend the pre -final and final walkthrough and will assist in itemizing deficiency items and making recommendation of final acceptance. g. The above construction assistance shall be provided for up to two separate construction contracts. h. The CITY will be providing resident project representation and inspection for the project. i. Assisting the OWNER in claims disputes with Contractor(s) will be performed by approval of Additional Services. j. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the Plans and Specifications will be performed by approval of Additional Services. k. Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. FAI-18 Rev 02/17/2009 COMPENSATION AND SCHEDULE SANITARY SEWER MAIN 267 UPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF MAIN, PART 1 I. Compensation A. The Engineer shall be compensated a total lump sum fee of $ 442,172.00 as summarized in Exhibit "B-3" Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment A and Exhibit "A-1" for all labor materials, supplies, and equipment necessary to complete the project. B. The Engineer shall be paid monthly payments as described in Exhibit "B-1" Section 1 - Method of Payment. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. Final Plans and Contract Documents for bid advertisement shall be submitted within 330 calendar days after the "Notice to Proceed" letter is issued. A. Design Report — 0 calendar days. B. Conceptual Engineering Plans -120 calendar days. C. Preliminary Engineering Plans and Contract Documents -120 calendar days. D. Final Engineering Plans and Contract Documents - 60 calendar days. E. Final Plans and Contract Documents for Bid Advertisement - 30 calendar days. F. Construction — 240 calendar days. Attachment B_04-0605 revised 3-31-09 B - 1 EXHIBIT "B-1" (SUPPLEMENT TO ATTACHMENT "B") UPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF MAIN, PART 1 Partial payment shall be made to the Engineer monthly upon City's approval of an invoice from the ENGINEER outlining the estimated current percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Until satisfactory completion of Exhibit "A-1", Conceptual Engineering plan submittal and approval by the City, a sum not to exceed 30 percent of the total lump sum fee. Until satisfactory completion of Exhibit "A-1", Preliminary Construction Plan submittal to City, a sum not to exceed 60 percent of the total lump sum fee, less previous payments. Until satisfactory completion of Exhibit "A-1", Final Construction plan submittal and approval by the City, a sum not to exceed 90 percent of the total lump sum fee, less previous payments. The balance of the earnings, less previous payments, shall be payable after Bid opening for the Project has been conducted. A. The Engineer shall submit to the designated representative of the Director of the Water Department monthly progress reports covering all phases of design by 5 business days before monthly meeting in the format required by the City. B. If Engineer determines in the course of making design drawings and specifications that the opinion of probable construction cost of $5,356,312.50 (as estimated in Exhibit B-8 will be exceeded, whether by change in the scope of the project, increased cost or other conditions, the Engineer shall immediately report such fact to the City's Director of the Water Department and, if so instructed by the Director of the Water Department shall suspend all work hereunder. Attachment B_04-0605 revised 3-31-09 131 -1 EXAMIT &'13-2yy , WaN (SUPPLEMENT TO ATTACHMENT "139) SANITARY SEWER MAIN 257 UPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF MAIN, PART I City Project No. 1226 2009 Standard Hourly Rate Schedule Emr)lovee Classification Rate/Hour (Ranae) Principal Engineer $130 / hour Project Manager / Planner $90 / hour R.P.L.S. $130 / hour R.P.L.S. (Principal) $130 / hour Design Engineer $65-$80 / hour Designer / CAD Operator $65-$105 / hour Survey Technician $80 / hour Clerical $40 / hour Survey Crew $135 / hour Reproduction work will be at current commercial rate. Subcontractors will be paid for at actual invoice cost plus. Attachment B04-0605 revised 3-31-09 B2 - 1 EXHIBIT "B-3A" (Supplement to Attachment B) SUMMARY OF TOTAL PROJECT FEES SANITARY SEWER MAIN 257 UPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF MAIN, PART 1 City Project No. 1226 Consulting Firm Prime Responsibility Amount % Prime Consultant: DeCitte, Inc. Engineering $252,725.00 57.2% Proposed MMBE Sub -Consultants Amount 29.0% Gorrondona and Topographic, Land $108,348.00 24.5% Associates, Inc. Surveying and Subsurface Utility Engineering GM Enterprises, Inc. Geotechnical Investigation $ 7,000.00 1.6% L.A. Blueline Reproduction $ 12,860.00 2.9% Non- BE Consultants: Reed Engineering Wetlands Determination, $ 20,320.00 4.6% Group, LTD EID and 404 Permitting Frank W. Neal & Structural Engineering $15,000.00 3.4% Associates, Inc. ACE Pipe Dimension Sta 0+00 $ 3,000.00 0.7% CMJ Engineering, Geotechnical Investigation $3,500.00 0.8% Inc. Innovative Traffic Control Plans $6,500.00 1.5% Transportation Solutions, Inc. AR Consultants, Inc. Archeological Investigation $ 12,919.00 2.8% Proiect Description Scope of Services Total Fee MWBE Fee Percent Engineering Services Sewer design $442,172.00 $ 128,208.00 29.0% Attachment B_04-0605 revised 3-31-09 B3 -1 EXHIBIT 6613-313" (Supplement to Attachment B) Jltlml wi PROFESSIONAL SERVICES FEE SUMMARY SANITARY SEWER MAIN 257 City Project No. 1226 Part A — Conceptual Design, Preparation of Plans and Specifications M-257 PARALLEL NORTH SECTION, Part 1: Hourly $ 173,035.00 A. M-257 PARALLEL NORTH SECTION SPECIAL SERVICES 1. Topographic Surveying Svcs.(by M/WBE) $ 60,118.00* 2. Prepare Easements/ROW docs $ 35,530,00- 3. Documentation for Right of Entry $ 3,000.00 4. Investigate and dimension existing @ 0+00 $ 3,000.00* 5. Storm Water Pollution Prevention Plan $ 8,000.00 6. Professional Liability Insurance $ 5,000.00* 7. Geotechnical Investigation $ 10,500.00* 8. Wetlands Determination $ 14,220.00* 9. Environmental Information Document $ 3,100.00* 10. Archeological Investigation $ 12,919.00* 11. Permitting (404) $ 3,000.00* 12. Traffic Control Plan $ 6,500.00* 13. Tarrant County Permits (3) $ 4,320.00 14. City of Kennedale Permit $ 1,260.00 15 Tarrant County Water Control and I.D. $ 1,260.00 16. Sub -surface Utility Engineering $ 12,700.00* 17. Public and SRF Meetings (total 8) $ 4,880.00 18. Printing & Reproduction Subtotal $ 12,860.00* 19. In House Printing $ 4,000.00 20. Structural Design $ 15,000.00* 21. Meetings and reports — monthly $ 11,180.00 22. Administrative (10%) Fee on subs $ 19,440.00 23. Construction Related Services total for 2 construction contracts a. Advertise $ 1,040.00 a. Bid Opening and Review $ 1,430.00 b. Compile Bid Tabulations $ 1,600.00 c. Pre -Construction Meeting $ 1,560.00 d. Limited Construction Services $ 1. Coordination with other agencies $ N/A 2. Address request for information $ 3,000.00 3. Periodic site visits (4 total) $ 5,720.00 4. Review Shop Drawings $ 3,000.00 24. Prepare and submit As -Built Plans $ N/A Additional Services Subtotal $ 269,137.00 denotes subcontract froffif a I [ N �* a] Attachment B04-0605 revised 3-31-09 B3 — 2 $ 442,172.00 EXHIBIT "13-313" (Supplement to Attachment B) SANITARY SEWER MAIN 2,57 14 14 4141104 q I City Project No. 1226 A. SUMMARY OF TOTAL FEE Service Description Total Engineering Services $ 173,035.00 Special Services $ 173,489.00 Surveying Services $ 95,648.00 Total $ 442,172.00 B. BREAKDOWN OF SEWER FEES (LESS SURVEY FEES) 1. Total Fee (less survey and permiftinq fee) Breakdown by Concept, Preliminary and Final Design 30 a. Concept (30%) = (Total Fee — Survey) x (0.3) =$103,990.00 31 b. Preliminary (60%) = (Total Fee — Survey Fee) x (0.6) =$207,980.00 32 c. Final (10%) = (Total Fee — Survey Fee) x (0.1) =$ 34,554.00 51 d. Surveying Services =$ 95,648.00 Attachment B04-0605 revised 3-31-09 133-3 EXHIBIT " -3D" (Supplement to Attachment B) FEES FOR SURVEYING SERVICES SAix.ITARi SEWER MAIN 257 LOMMMMUERM Surveying Services: Easement, Temporary Construction Easement (26 @ $1,366.67 ea) $ 35,530.00 Cross -sections; topographic and planimetric route survey (100 feet wide 11,300 ) $ 39,500.00 Stake Bore locations $ 3,000.00 Locate existing creek center line @ 100 foot intervals for 2,000 feet $ 1,000.00 Stake centerline for wetlands and archeological study 13,700 If $ 4,068.00 Tie wetlands and archeological delineation (approx 75 points) $ 3,000.00 Locate existing M-257 $ 5,000.00 Deliverables; Provide digital drawings with field notes $ 4,500.00 Total Surveying Services = $ 95,648.00 Attachment B_04-0605 revised 3-31-09 B3-4 EXHIBIT "B-N" SANITARY SEWER MAIN 257 UPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF MAIN, PART 1 City Project No. 1226 Printing : Reproduction NORTHM-267 PARALLEL • Design Report: $ N/A CONTRACTI Preliminary & Utility Clearance: 13 sets of Const. Plans C-1 $1.50/sht. x 10 sht./plan x 13 $ 195.00 6 sets of Const. Plans C-1 $1.50/sht. x 10 sht./plan x 6 $ 90.00 Final Plans: 8 sets of Const. Plans C-1 $1.50/Sheet x 27 sht./plan x 6 $ 243.00 8 sets of Specifications C-1 $.20/sheet x 320 Pg/Spec x 6 $ 384.00 Bid Documents: 40 Sets of Const. Plans C-1 $1.50/sheet x 27 Sht./Plan x 40 $ 1,620.00 40 Sets of Specifications C-1 $.20/sheet x 320 pg/spec x 40 $ 2,560.00 Mounted Exhibits for Public Meeting 1 Drawings C-1 $300/13oard x 3 each $ 900.00 Final Mylars for Record Purposes Not Included Reproduction of SWPPP C-1 $ 0.20/sheet x 300 sheets x 5 $ 300.00 Printing & Reproduction Total Report and C-1 $ 6,292.00 Preliminary & Utility Clearance: 13 sets of Const. Plans C-2 $1.50/sht. x 10 sht./plan x 13 $ 195.00 6 sets of Const. Plans C-2 $1.50/sht. x 10 sht./plan x 6 $ 90.00 Final Plans: 8 sets of Const. Plans C-2 $1.50/Sheet x 31 sht./plan x 6 $ 279.00 Attachment B_04-0605 revised 3-31-09 83-5 EXHIBIT 'gB-3E%l SANITARY SEWER MAIN 257 UPPER AND MIDDLE VILLAGE CREEK PARALLEL RELIEF MAIN, PART I City Project No. 1226 8 sets of Specifications C-2 $.20/sheet x 320 Pg/Spec x 6 $ 384.00 Bid Documents: 40 Sets of Const. Plans C-2 $1.50/sheet x 31 Sht./Plan x 40 40 Sets of Specifications C-2 $.20/sheet x 320 pg/spec x 40 Mounted Exhibits for Public Meeting 1 Drawings C-2 $300/Board x 3 each Final Mylars for Record Purposes Reproduction of SWPPP C-2 $ 0.20/sheet x 300 sheets x 5 Printing & Reproduction Total Report and C-2 WOM Attachment B04-0605 revised 3-31-09 B3-6 $ 1,860.00 $2,560.00 $ 900.00 Not Included $ 300.00 $ 6,568.00 $12,860.00 SANITARY SEWER MAIN 267 City Project No. 1226 Changes and amendments to Standard Agreement and Attachment A include: '►� Attachment C Page 1 ATTACWENT D s<.d I cnv R'.' lzte M1gM/gmrM 11 em Tw WLO@ Tur YW Grn.WM belblbn Flvee.r CdM TUFNIp T CUrbM IOMrvnI Odd TUIMM TWOw M wY a.Rr1rYYRen..MlrnpvYbn it eM TwwO4e Tw YW YlC Fimb Idn" Tw WIM To wv Ioam t To YIY b0.r p.jFl NAcrbfhara 0ery. TvOww"lp T1n YW eunnwRlglwMepry Vdm 1rww1M wand A�pbbbbn YbYy ten YYawaM ~ phrnlb rnRlinWRbMwR Ifd. 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YAlwVII YYOWYII [Z h bMn �fOD]�.Y-nlvYKrarl 1W 0 M FnOnw YYMY ♦ Ysb✓/ IF1 FnW YnwO YaYMIhW 0 OMW1WIb1F ry.l MAYOR AND COUNCIL COMMUNICATION MAP 60M-257 PART 1 COUNCIL DISTRICT 8 — SOUTHEAST z.: f LANDFILL B GIN PROJECT M-25T D ♦ t _ r r f t ' f f t � f N 2:Z t ._.. kil rm • f __ C[ t t a!' f t _ t � t - ~ Y I♦Im 'M' s r♦ I r� , I ..r > ♦ re IM6ERVIEW GOLF -COURSE'}' �,, •, ,,� e . SHELBY RD �f 'END PROJECT STA. 98+88 3 , M-25713,14 EXISTING M-257------- PROPOSED M-25 7 --. 1111111010, .287 1-20 )�441 PROPOSED M-257 VICINITY MAP N.T.S. M&C Review Page 1 of 2 Official site of the City of Fort worth, Texas ClTY COUNCILAGENDA FORT n COUNCIL ACTION: Approved on 3/31/2009 - Ord. No. 18528-03-2009 DATE: 3/31/2009 REFERENCE NO.: C-23420 LOG NAME: 60M-257 PART 1 CODE: C TYPE: NON -CONSENT PUBLIC HEARING: NO SUBJECT: Authorize an Engineering Agreement in the Amount of $442,172.00 with James DeOtte Engineering, Inc., for Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 1 and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $326,000.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Sewer Capital Projects Fund in the amount of $326,000.00; and 3. Authorize the City Manager to execute an Engineering Agreement with James DeOtte Engineering, Inc., in the amount of $442,172.00 for Sanitary Sewer Main 257 Upper and Middle Village Creek Parallel Relief Main, Part 1. DISCUSSION: In the 1998 Fort Worth Wastewater Collection System Master Plan, Freese and Nichols recommended additional wastewater conveyance capacity to meet current demands and future growth. Due to growth in the southeast part of Fort Worth and the wholesale customer cities of Burleson and Crowley, additional wastewater capacity will be required to meet future demand. The proposed main will begin north of Everman-Kennedale-Burleson Road and east of Anglin Drive and will end south of Shelby Road alignment generally follows Village Creek for approximately 11,300 linear feet. This project is a part of the Fort Worth Wastewater Program and to comply with the agreement with Texas Commission on Environmental Quality to alleviate and prevent sanitary sewer overflows and bypasses in the wastewater collection system. This project will be funded through the Clean Water State Revolving Fund Program (SRF) 2007 Series, Loan No. 11. Most State Revolving Loans may only be used specifically for construction. However with this particular loan the City of Fort Worth was approved to pay for an engineering agreement (design and survey) and the construction contract. Since other expenses are not covered by SRF funding, additional appropriations of $326,000.00 are needed from the Sewer Capital Projects Fund for staff time, right-of-ways, easements and land purchases. This project consists of survey and design as well as preparation of plans and specifications for Main 257. James DeOtte Engineering, Inc., is in compliance with the City's M/WBE Ordinance by committing to D ORIGINAL http://apps.cfwnet.org/council_packet/mc review.asp?ID=10868&councildate=3/31/2009 4/21/2009 M&C Review Page 2 of 2 29 percent M/WBE participation. The City's goal on this project is 23 percent. This project is located in COUNCIL DISTRICT 8, Mapsco 10713, 107F, 107K, and 107N. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval and completion of the above recommendations and the adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1 &2-1 $326,000.00 1) PE45 538040 0709020 P258 476045 7081401226ZZ 3)P254 531200 708140122633 2) P258 531350 708140122673 $1,000.00 3)P254 531200 708140122632 2) P258 531350 708140122642 $15,000.00 3)P254 531200 708140122631 2) P258 511010 708140122630 $60,000.00 3)P254 531200 708140122651 2)P258 541100 708140122641 $250,000.00 Submitted for Citv Manaaees; Office bv: Oriainatina Deaartment Head: Additional Information Contact: ATTACHMENTS 60M-257 Part 1 ord.doc M-257 Part 1 - DeOtte MC MAP.doc Fernando Costa (6122) S. Frank Crumb (8207) John Kasavich (8480) $326.000.00 $34.554.00 $207.980.00 $103.990.00 $95.648.00 http://apps.cfwnet.org/council_packetlmc review.asp?ID=10868&councildate=3/31/2O09 4/21/2009