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HomeMy WebLinkAboutContract 38950CITY SECRETARY CITY OF FORT WORTH, TEXASCONTRACT No, $ p STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and Dannenbaum Engineering Corporation, (the "ENGINEER"), for a PROJECT generally described as: 2008 CIP Arterial Street Project — Ray White Road — (Project No. 01294) 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, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 1 of 15 OFFICIAL RECORD CITY S�cCi��ETARY F7". WORTH, TX 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. 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. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, 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. 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 the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 3 of 15 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, 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/VVBE) 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 4 of 15 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 five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to 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. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability —the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 5 of 15 i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto —the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officersI directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability —the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 6 of 15 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) GENERAL INSURANCE REQUIREMENTS a. 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. b. 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. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. The CITY shall be entitled, upon its request and without incurring expense, City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 7 of 15 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. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date 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. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. 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. 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 CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 8 of 15 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. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D 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. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 9 of 15 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 prepared in accordance with Attachment D. 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 10 of 15 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 11 of 15 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 that prevent ENGINEER's performance of its obligations hereunder. 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 in 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 electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 12 of 15 work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 13 of 15 J. 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.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 14 of 15 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 L day of , 2(A� ATTEST: City Secretary lon tact Authorization Date APPROVED AS TO Assistant City Atto ATTEST: CITY OF FORT WORTH Fernando Costa Assistant City Manager APPROVAL RECOMMENDED William A.�C/erkest, PEE. Director, Transportation and Public Works D LEGALITY Dannenbaum Engineering Corporation ENGINEER City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 15 of 15 Name: Wayne G. Ahrens, P.E Title: Principal OFFICIAL RECOt�O CITY SECPETARY 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) Geotechnicallnvestigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. ATTACHMENT A GENERAL SCOPE OF SERVICES Page 1 of 5 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. .fTT=F�=�il 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 wn the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 2 of 5 10) Conceptual Plans The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross -sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 3 of 5 PHASE 4 10) Final Approved Construction Plans The Engineer shall furnish 5 bound copies of Phase 4 final approved construction plans and contract specifications. The approved plans and contract specifications shall be used by the City for file copies. The project will be advertised and bid paperless. 17) Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 18) Recommendation of Award The Engineer shall assist in the tabulation and review of all bids received for the construction of the project and shall make a recommendation of award to the City. 19) Prebid Conference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. PHASE 5 20) Preconstruction Conference The Engineer shall attend the preconstruction conference. 21) Construction Survey The Engineer shall be available to the City on matters concerning the layout of the project during its construction and will set control points in the field to allow City survey crews to stake the project. The setting of line and grade stakes and route inspection of construction will be performed by the City. 22) Site Visits The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 4 of 5 20) Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill test reports on materials and equipment. 24) Instructions to Contractor The Engineer shall provide necessary interpretations and clarifications of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 25) Differing Site Conditions The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered. 26) Record Drawings The Engineer shall prepare record drawings from information submitted by the contractor. ENGINEERING AGREEMENT JANUARY 1, 2005 Page 5 of 5 EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT 'A". Work under this attachment includes engineering services for paving and/or storm drain improvements for the following: Ray White Road Paving Improvements City Project No. 01349 SUMMARY OF IMPROVEMENTS STREET RECONSTRUCTION PAVEMENT STORM DRAIN 8" Lime 8" Reinforced 6" Reinforced 7" Internal 61x4' 10'x7' STREET COUNCIL Stabilized Concrete Curb Concrete Box Culvert Box Culvert CURB NAME DISTRICT Su Pavement Driveway INLET Sy) SY (LF) A roach SF (LF) (LF) EA CITY PROJECT No. 00000 Ray White N.Tarrant to 2 9,170 8,650 5,500 600 800 480 0 Shiver Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PART A —PRE-ENGINEERING 1. Initial Data Collection a. Pre -Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated. These include the following: One (1) pre -design kick-off meeting, (including ALL departments that are impacted by the project). EAl-1 Rev 02/O5/09 One (1) review meeting at completion of the City's review of the conceptual engineering plans. b. Data Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, CITY drainage complaint files, existing applicable drainage studies and property ownership as available from the Tax Assessor's office. c. Coordination with Other Agencies During the concept phase the ENGINEER shall coordinate with all utilities, including utilities owned by the City, TxDOT and railroads. These entities shall also be contacted if applicable, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall be shown on the concept plans. The ENGINEER shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines within the project limits. ENGINEER shall complete all forms necessary for City to obtain permit letters from TOOT and railroads and submit such forms to the City. City shall be responsible for forwarding the forms to the affected agencies for execution. 2. Schedule Submittal and Monthly Progress Report The ENGINEER shall submit a project schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress reports as required under Attachment B of the contract. EAl-2 Rev 02/OS/09 PART B -CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering i. Surveys for Design a. ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. The minimum survey information to be provided on the plans shall include the following: 1. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. 2. The following information about each Control Point; a. Identified (Existing. City Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). EAl-3 Rev 02/OS/09 3. Coordinates on all P.C.'s1 P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. 4. No less than two horizontal bench marks, per line or location. 5. Bearings given on all proposed centerlines, or baselines. 6. Station equations relating utilities to paving, when appropriate. ii. Public Notification and Personnel/Vehicle Identification a. Residential notification is required for field surveys on this project, mail - outs will be prepared for approval by CITY T/PW staff. The mail out shall be on company letter head and shall include the project name, study limits, DOE project no., brief description of the project, and consultant's project manager name and telephone number. -®R- 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 T/PW staff. The mail out shall be on company letter head and shall include the project name, study limits, DOE 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. b. When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. iii. Drainage Computations ENGINEER will review and document the storm water watershed drainage runoff area and existing street, right-of-way and storm sewer capacities for the subject site. A drainage area map will be drawn at 1" = 200' scale from available contour maps. Calculations regarding street and right-of-way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Capacities of existing storm drain will be calculated and shown. The EA1-4 Rev 02/05/09 ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with City standards. All calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. iv. Conceptual Engineering Plan Submittal a. Conceptual plans shall be submitted to City 80 days after Notice to Proceed Letter is issued. b. The ENGINEER shall furnish four (4) copies of the concept engineering plans which include layouts, preliminary right-of-way needs and cost estimates for the ENGINEER's recommended plan. The ENGINEER shall also evaluate the phasing of the water, sanitary sewer, street and drainage work, and shall submit such evaluation in writing to the City as a part of the concept phase of the project. 2. Preliminary Engineering Upon approval of Part B, Paragraph IV, ENGINEER will prepare construction plans as follows: a. Drainage area maps with drainage calculations and hydraulic computations. Information shown on the plans will be consistent with Part A, Paragraph 1.b. for proposed condition. b. Preliminary project plans and profile sheets which will show the following and shall be on 22 x 34 sheets: Property Ownership Curb Lines Driveways Medians (if applicable) Sidewalks Existing and proposed water and sanitary sewer mains. c. Proposed roadway profile grades and elevations along each curb line; elevations at all p.v.i.'s; p.i's half stations; high and low points; vertical curve EAl-5 Rev 02/O5/09 information; and pertinent AASH I calculations. Profiles for existing curbs (if any) and existing ground at the left and right-of-way lines shall be shown. Existing found property corners (e.g. Iron pins), along the existing right-of- way shall be shown on the plans. Profiles for existing and proposed storm drain mains and leads shall be provided. d. Existing utilities and utility easements will be shown on the roadway plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to ascertain what, if any, future improvements are planned that may impact the project. e. Preliminary roadway cross -sections will be developed, from the survey notes, at intervals not -to -exceed 50 foot along the project length and will extend 10' past the right of way line on both sides of the street. Additional cross -sections at important features including driveways, p.i.'s of intersecting streets, (minimum distance of 100' along cross -street at each P.I.) walks, retaining walls, etc., will also be provided. Profiles of centerline of driveways will also be provided where necessary. Scale will be 1" = 10' horizontal and 1" = 2' vertical. f. Street and intersection layouts. g. Proposed plan/profile sheets will conform to City of Fort Worth construction legend. Adequate horizontal and vertical control shall be provided on the plan sheets to locate all proposed and existing facilities. Legal descriptions (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. h. Geotechnical Investigation/Pavement Design The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2005. EAl-6 Rev 02/OS/09 i. Right -of -Way Research The ENGINEER will conduct preliminary research for availability of existing easements where open -cut construction or relocation of existing alignments is probable. Temporary and permanent easements will be appropriated based on available information and recommendations will be made for approval by the City. j. Right-of-way/Easement Preparation and Submittal Preparation and submittal of right-of-way, easements and rights -of -entry will be in conformance with "Submittal of Information to Real Property Division for Acquisition of Property". k. Utility Clearance Phase The ENGINEER will consult with the City's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities that have an impact or influence on the project. ENGINEER will design City facilities to avoid or minimize conflicts with existing utilities. The ENGINEER shall deliver a minimum of 13 sets of approved preliminary construction plans to the City's Utility Coordinator for forwarding to all utility companies, which have facilities within the limits of the project. I. Preliminary Construction Plan Submittal i. Preliminary construction plans and specifications shall be submitted to CITY 80 days after approval of Part B, Paragraph IV. ii. The ENGINEER shall deliver two (2) sets of preliminary construction plans and two (2) specifications to CITY for review. Generally, plan sheets shall be organized as follows: EAl-7 Rev 02/OS/09 Cover Sheet General Layout and Legend Sheet Drainage Area Map and Computations Plan & Profile Sheets Preliminary Cross Sections Standard Construction Details Special Details (If applicable) iii. The ENGINEER shall submit a preliminary estimate of probable construction cost with the preliminary plans submitted. Engineer shall assist City in selecting the feasible and or economical solutions to be pursued. m. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments for preliminary submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. n. Public Meeting After the preliminary plans have been reviewed and approved by the City, the ENGINEER shall prepare project exhibits, provide the CITY with the database listing the names and addresses of all residents and business to be affected by the proposed project, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. o. 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 will be responsible for filing the SWPPP with appropriate regulatory agencies. EAl-8 Rev 02/O5/09 p. 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 . q. Illumination Plans The ENGINEER shall prepare plans for the median -mounted illumination system in accordance with applicable local codes and/or IESNA recommended practices, as recommended by the City of Fort Worth. r. Wetlands Due Diligence Study The ENGINEER shall conduct a Wetland Due Diligence Study to evaluate the project site for wetlands that may influence the design and/or construction. The study is not a delineation but it is based on criteria used by the U.S. Corps of Engineers to determine jurisdictionality under Section 404 of the Clean Water Act and/or Section 10 of the River and Harbors Act. The City will be informed of the necessity of a delineation. s. Archeological Survey &Texas Historical Commission (THC) Coordination The ENGINEER will prepare an archeological survey in accordance with the Texas Antiques Code requirements. EA1-9 Rev 02/OS/09 3. Final Construction Plan Submittal a. Final Construction Documents shall be submitted to CITY 40 days after approval of Part B, Paragraph 2 (b). Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents to CITY (each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas) and submit two (2) sets of plans and construction contract documents within 15 days of CITY's final approval. Plan sets shall be used for Part C activities. b. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shall submit a final estimate of probable construction cost with the final plans submitted. c. Furnish as a function of final plans, two (2) copies of the final cross - sections on 22" x 34" sheets. Information on these sheets will include centerline station, profile grades and centerline elevations, roadway section (existing and proposed), right-of-way limits. Scale will be 1" = 20' horizontal and 1" = 2' vertical with cross sections plotted with stationing from the bottom of the sheet, and will include laterals and inlets. CITY policy with regard to parking design shall be maintained. Excavation and embankment volumes and end area computations shall also be provided. d. Mylar Submittals The ENGINEER shall submit a final set of mylar drawings for record storage as follows: 1. Street and storm drain plans shall be submitted as one set of plans. Street and storm drain plans shall be separate from water and sanitary sewer plans. All sheets shall be standard size (22" x 34") with all project numbers (TPW and water/sanitary sewer) prominently displayed. EAl-10 Rev 02/OS/09 2. For projects where water/sanitary sewer improvements occur on a TPW Department funded project with no Water funding involved, a separate set of mylars with cover sheet shall be submitted for Water Department, 3. Signed plans sets shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file. There shall be one (1) PDF file for the TPW plan set and a separate PDF file for the Water plan set. Each PDF file shall contain all associated sheets of the particular plan set. Singular PDF files for each sheet of a plan set will not be accepted. PDF files shall conform to naming conventions as follows. I. TPW file name example — "W-1956_org47.pdf where "W-1956" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X- 35667_org36.pdf' where "X-35667" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF files shall be submitted on one (1) Compact Disk, which will become property of and remain with the City of Fort Worth. Floppy disks, zip disks, e-mail flash media will not be accepted. 4. For information on the proper manner to submit PDF files and to obtain a file number for the project, contact the EAl-11 Rev 02/OS/09 Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. EAl-12 Rev 02/O5/09 ATTACHMENT "B" COMPENSATION AND SCHEDULE RAY WHITE ROAD PAVING IMPROVEMENTS CITY PROJECT NO.01349 I. Compensation: A. The Engineer shall be compensated a total lump sum fee of $ 216,731.00 as summarized in Exhibit `13-313". Payment of the total lump sum fee shall be considered full compensation for the services described in Exhibit "A -I" for all labor materials, supplies and equipment necessary to complete the project. B. The Engineer shall be paid monthly as described in Exhibit "B-1 ", Section I — 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. II. Schedule: A. Phases 1 and 2 shall be completed 180 days after the "Notice to Proceed" letter is issued. The Scope of Services is outlined in Attachment "A" and Exhibit "A-1". EXHIBIT "B-1" (SUPPLEMENTAL TO ATTACHMENT B) METHOD OF PAYMENT RAY WHITE ROAD PAVING IMPROVEMENTS CITY PROJECT NO.01349 I. Method of Payment 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 the bid opening for the project has been established. II. Progress Reports A. The Engineer shall submit to the designated representative of Director of the Transportation and Public Works Department monthly progress reports covering all phases of design by the 15`h of every month in the format required by the City. B. If the Engineer determines in the course of making design drawings and specifications that the construction cost estimate of $ 1,205,400.00 (as estimated on Exhibit 134) will be exceeded, whether by change in the scope of the project, increased costs or other conditions, the Engineer shall immediately report such fact to the City's Director of the Transportation and Public Works Department and, if so instructed by Director, shall suspend all work hereunder. (SUPPLEMENT TO ATTACHMENT B) HOURLY RATE SCHEDULE RAY WHITE ROAD PAVING IMPROVEMENTS CITY PROJECT NO, 01349 Employee Classification Rate/Hour Principal $350.00 Project Manager/Planner $190.00 Senior Engineer/QA-QC $190.00 RPLS $120.00 Project Engineer $130.00 Design Tech. $95.00 CARD Tech. $ 75.00 Clerical $ 65.00 2-Man Survey Crew $100.00 3-Man Survey Crew $120.00 4-Man Survey Crew $150.00 Reimbursables Cost + 10% Mileage $0.55 Per Mile Reproduction work will be at current commercial rates. Subcontractors will be paid for at actual invoice cost plus tea percent (10%). EXHIBIT "15-3A" SUMMARY OF TOTAL PROJECT FEES RAY WHITE ROAD PAVING IMPROVEMENTS CITY PROJECT NO. 01349 Exhibit Exhibit Scope of Services Total Fee M/WBE A-1 Design Pavement Improvements $ 216,731.00 $ 52,100.00 24.0 A-2 Sanitary Sewer Design $ 0.00 $ 0.00 0.0 A-2 Water Design $ 0.00 $ 0.00 0.0 TOTAL $ 2165731.00 $ 525100.00 24.0 CITY M/WBE GOAL = 26% % of Proposed M/WBE Sub -Consultants Services Fees Total Fee ANA Consultants ANA Consultants ANA Consultants ANA Consultants Berg -Oliver Associates, Inc Berg -Oliver Associates, Inc. Mas-Tek &Associates, Inc. TOTAL Field Survey $ 13,200.00 R-O-W Document $ 6,000.00 Preparation Traffic Control $ 10,500.00 SW3P $ 6,500.00 Wetland Due $ 2,400.00 gence Survey Archeological It 4,250.00 Survey & THC Coordination Geotechnical $ 9,250.00 Proposed Non-M/WBE Sub -Consultants $ 52,100.00 6.1 1.1 2.0 4.2 24.0 Kimley-Horn &Associates, Inc. Illumination Plans $ 14,000.00 6.5 EXHIBIT "B-313" FEE SUMMARY RAY WHITE ROAD PAVING IMPROVEMENTS CITY PROJECT N0. 01349 RAY WHITE ROAD ***PAVING AND STORM DRAINAGE*** OPINION OF PROBABLE CONSTRUCTION COSTS $ 1,205,400.00 ENGINEERING DESIGN (DEC) $ 1433610.00 DESIGN SURVEY (ANA) $ 135200.00 RIGHT OF WAY DOCUMENT PREP (4 @ $1,500/EACH) (ANA) $ 6,000.00 EROSION CONTROL PLANS & SW3P (ANA) $ 63500900 GEOTECHNICAL INVESTIGATION / REPORT (MAS-TEK) $ 9,250.00 TRAFFIC CONTROL PLANS (ANA) $ 10,500.00 WETLAND DUE DILIGENCE SURVEY (BERG OLIVER) $ 23400.00 ARCH. SURVEY / THC COORDINATION (BERG OLIVER) $ 49250900 ILLUMINATION PLANS (KIMLEY-HORN) $ 143000.00 REPRODUCTION $ 1,473.00 MYLAR PRODUCTION $ 164.00 PDF PREPARATION $ 174.00 TOTAL PAVING & STORM DRAINAGE $ 211,521.00 10% FOR SUB $ 52,100.00 $ 5,210.00 TOTAL FEE $ 216,731000 ***TOTAL DESIGN COST (WATER, SEWER, PAVING &STORM DRAINAGE)*** WATER DESIGN FEE $ - SEWER DESIGN FEE $ - PAVING & STORM DRAINAGE DESIGN FEE $ 216,731.00 GRANll TOTAL $ 216,731.00 (INCLUDE THE FOLLOWING ON EXHIBIT `13-313") SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE) A. SLT1vIlyIARY OF TOTAL FEE SERVICE DESCRIPTION WATER SEWER PAVING TOTAL ENGINEERING SERVICES $ - $ - $ 197,531.00 $ 197,531.00 SURVEYING SERVICES $ - $ - $ 19,200.00 $ 19,200000 TOTAL $ - $ - $ 216,731.00 $ 216,731.00 B. BREAKDOWN OF WATER, SEWER AND PAVING FEES (LESS SURVEY FEES) 1. Total Water Fee (less survey fee) Breakdown by Concept, Preliminary, and Final Design a. Concept (30%) = (Total Water Fee — Water Survey Fee) x (0.3) $ - b. Preliminary (60%) _ (Total Water Fee — Water Survey Fee) x (0.6) _ $ - c. Final (10%) = (Total Water Fee — Water Survey Fee) x (0.1) _ $ - 2. Total Sewer Fee (less survey fee) Breakdown by Concept, Preliminary, and Final Design a. Concept (30%) _ (Total Sewer Fee — Water Survey Fee) x (0.3) _ $ - b. Preliminary (60%) _ (Total Sewer Fee — Water Survey Fee) x (0.6) _ $ - c. Preliminary (60%) _ (Total Sewer Fee — Water Survey Fee) x (0.6) _ $ - 3. Total Paving Fee (less survey fee) Breakdown by Concept, Preliminary, and Final Design a. Concept (30%) _ (Total Sewer Fee — Water Survey Fee) x (0.3) _ $ 593259.00 b. Preliminary (60%) = (Total Sewer Fee — Water Survey Fee) x (0.6) _ $ 1189519.00 c. Final (10%) _ (Total Sewer Fee — Water Survey Fee) x (0.1) _ $ 195753.00 B-3B(2) EXHIBl I' "ts 3.J City Project No. 01349 BREAKDOWN FOR REPRODUCTION FEE AND ADDITIONAL SERVICES FEE FOR$ RAY WHITE ROAD —CITY PROJECT No. 01349: REPRODUCTION FEE TOTAL = $ 1,473.00 8 Sets of Plans (Review) (8 sets x $61.50/set) _ $ 492 14 Sets of Plans (Utility Clearance) (14 sets x $61.50/set) _ $ 861 8 Sets of Specs (50 sets x $15/set) _ $ 120 MYLAR PRINTING / .PDF PREPARATION TOTAL = $ 338.00 Mylar Printing (41 sheets x $4/sheet) _ $ 164 .pdf Preparation (41 sheets x $4/sheet + $10) _ $ 174 EXHIBIT "B-4" OPINION OF PROBABLE COST SUMMARY RAY WHITE ROAD PAVING IMPROVEMENTS CITY PROJECT NO, 01349 RAY WHITE ROAD —CITY PROJECT No. 00000: Water Sewer Paving & Drainage TOTAL $ 0.00 $ 15205,400.00 $ 1,205,400.00 Dannenbaum Engineering Corporation PROJECT NAME: Ray White Road Improvements Project Manager: Wilma Smith, P.E. DEC Job No. 0044-63 ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL AMOUNT Paving Improvements: 00100 Storm Water Pollution Prevention Plan >than 1 Ac Install LS 1 $ 3,000.00 $ 3,000.00 00147 Topsoil - Install CY 710 16.50 11,715.00 00181 Traffic Control ~ Install LS 1 2,500.00 21500.00 00402 Driveway-- Remove SF 11000 1.10 11100.00 00404 Driveway-6 Inch _ Install SF 600 5.00 3,000.00 00411 Retaining Wall - Install CY - 410.00 - 00414 Utility Adjustment - Repair LS 1 59000.00 51000.00 00424 Curb & Gutter - Remove LF 500 2.00 11000.00 00453 Pavement-8 Inch - Install SY 8,650 38.00 328,700.00 00457 Pavement -Concrete _ Remove SY 100 6.75 675.00 00469 Pavement -Silicone Joint Sealant - Install LF 11,350 1.40 15,890.00 00471 Pavement -Transition -Min 6 Inch HMAC - Install TONS - 92.00 - 00472 Pavement -Unclassified Street Excavation - Remove CY 050 15.00 72,750.00 00486 Subgrade-8 Inch -Lime Stabilized - Install SY 9,170 2.50 22,925.00 00496 Subgrade-Lime for Stabilization -- Install TONS 183 110.00 20,130.00 00504 Sign -Project Designation - Install EA 2 300.00 600.00 00529 Walk -- Remove SF 100 0.90 90.00 00531 Walk-5 Ft-- Install SF 12,950 4.00 51,800.00 00532 Walk-ADA Wheelchair Ramp _ Install SF 41500 4.75 21,375.00 00533 Walk-ADA Wheelchair Ramp - Remove SF 500 1.10 550.00 00843 Curb-7 Inch - Install LF 51500 3.25 17,875.00 00972 Light -Roadway Lighting System - Install LS 1 40,000,00 401000.00 00848 Meter Box -Adjustment - Services EA 1 35.00 35.00 Paving Subtotal $ 6209710.00 Contingencies (10%) 62,071.00 Paving Total $ 682,800.00 Drainage Extensions: 0 2-6'x4' RCB LF 800 $ 250.00 $ 2001000.00 0 810'x7' RCB LF 480 380.00 1829400.00 0 Flared Wingwalls (FW-S) EA 2 51000.00 101000.00 0 10' Flared Wingwall EA 2 81000000 16,000.00 0 15'x10' Storm Drain Junction Box EA 1 12,000.00 123000.00 0 Controlled Density Fill CY 21670 12.00 321040.00 Drainage Subtotal $ 452,440,00 Contingencies (10%) 45,244.00 Drainage Total $ 4979700.00 Minor Drainage Allowance (51/0) $ 243900.00 TOTAL PAVING DRAINAGE CONSTRUCTION $ 1,205,400.00 G:\1210\0044-63 CFW Arterial\Admin\Project\Cost Estimate\0044-63 Ray White Opinion of Cost Concrete 2009-02-25.x1s ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A RAY WHITE ROAD PAVING IMPROVEMENTS CITY PROJECT NO.01349 ¢ 10 M m n = m U LL E a�i b > E p m c = 3 tv _ :' am c r c u`oo`o �Lndog E cgow I compeop low m> in tq m 0 CD `° U. v acu ,�. cading tU It `m c*110 c �: % p,IF 4*44 U c m a :, U &' U c -; n = oco ,cap c atc m {:10 Q z g ---, i 0' LL +� @ L U o :: "'t Q 7 C omlet Event— c cofoods J ves❑ EqFilled, j p V o �' t_ N {❑OU >m j >aQ ' m €o o, o ;:•: z o Q a r 10 O °tuZFee N Y F (n tU � m ¢ M M : .............................................................. it ft a w.................... 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Z O U' fA O C7 yw} U' W _ O Z 1- R ZSS UW Z W F- W Q N W W N -1 wOf W mR IWL O I- W W N O In p, >W> d (� D W m U Z OE CC O Z ° K LU Zcn Z O�� 0,04WZ NF:. (9 LU F=OC¢ ¢ °°f¢ x Uz U o� 0� w � �co LL zZ UOi p W ULL,ZW� `2 0 O O R 2 Z� .per.. ri o O a z2 X Id a pw LL p,,X K S a M K a d m p M M 0 m' W .r- 0 06 U (W/I V N N ~aQQ O z W" X° w En x V N N¢ F Z C�LC .- cEi F W Z C. �UUn.V R' W(9 U' =)I W z w_ (L z z p�. a ,ILL Ij cot<su:.fr- WILi -- = ILI CLIEN I J- 01 R vcr Run quite G7 0 Fart \/� O'lAtll. Texas I010 I It (81 7) 335-9900 Fax (817) 335-9955 DEC- CDPI��t Ray �rithite Roadv�ray {n�pr®vements 08-OXXX Dannenbaum Engineering Corp. Brian O'Neil, P.E. SCOPE OF SERVtGES; See attached Exhibit `A' for detail Scope of Services: COn(iPEh!SATIORI: EhtGll�{EERINCi and SURVEYIf�G SERVICES 1. Ray White - l raffic Control Sheet Preparation (Approx. 8 sheets $ 103500900 2. Ray White - Surveying Services (Approx. 2,900 L.P.; Roadway 300 Channel $ 13,200.00 3. Ray White — $1,500 each ROW Documents for Property Acquisition (Approx. 4 Parcels - $ 63000.00 4. Ray White - SWPPP $ 65500.00 TOTAL ENGINEERING COMPENSATION. $ 363200.00 TOTAL CO�PEf�SATIOf�: $ 36,200.O�Lump Sum Additional SERVtGES 1. Shiver Road- Traffic Control jApprox, 2 sheets $ 3 ,000.00 2. Shiver Road- Survey Services (Approx. 1,450 L.P. $ 55500.00 3. Shiver Road - SWPPP $ 11000000 TOTAL ENGINEERING COMPENSATION: $ 91500,00 The engineering design will be provided under the Prime Consultant's coversheet and additional sheet plans. CLIEi�T wilt reimburse A.I�,A. Gonsultants far actual costs associated with all reproduction/printing services, if services are provided by outside sources an additional amount of 10% shall be added to the cost of these services for AXA's administrative cost. Additional services not covered in this authorization and its attachments will be provided on an hourly basis per Exhibit `13' unless a negotiated price to perform additional services is agreed to by both parties. Services covered by this authorization shall be performed in accordance with PROVISIONS stated on the attached form. Approved foi• CLIENT By: Title: By: Title: Accepted for A.N.A. Consultants, L.L.G. r{c N. Assaad, P.E. Vice Presidenfi C:1Documents and SetlingslmnassaadlDesktoplP,uthorization-DEC-Ray White Road.doc CL1Eh'T SfiTISFRCl't0/J IS OUR EU51h'ESS fat' The following is a SCOPE OF SERVICES will be provided for Dannenbaum Engineering Corp. (the ENGINEER) by A.N.A. Consultants, L.L.C. (the CONSULTANT). Work under this attachment includes engineering services for the following project: Upon receip# of notice to proceed, the CONSULTANT will perform the following tas{<s: Survey a. Topographic SuRfey Conduct field surveys of roadway right-of-ways, including existing storm water systems. The Consultant will perform field surveys to collect horizontal and vertical elevations and other information that will be needed for use in design and preparation of plans for the PROJECT. Topographic information gathered during the survey shall include but not be limited to data, elevations of all sanitary features, storm sewers features, location of buried utilities (if available), above ground structures, pavement features, and other above ground features relevant to the final plan sheets that are readily available at time of notice to proceed (NTP). This survey will include locating individual trees in non -forested areas, and only the perimeter edges of forested areas. The Consultant will conduct additional surveys of cross -sections and structural configurations of outfall channels to determine down -stream tailwater effects on the storm drain system and overland flow paths to determine potential flooded structures on an as needed basis pending authorization of additional services by the CITY. Compile data obtained from field survey 1. Input into CADD format for 3D points and associated break lines 2. Triangulation integrated network (TIN). 3. Create one (1) foot Contours. 4. Develop base plan from field survey data illustrating existing conditions No less than one control point, per 500 L.F. shall be placed along proposed alignment, and shall contain the following information: 1. Identification (Existing City Monument#8901, PK Nail, 5/8" Iron Rod) C:1Documents and SettingslmnassaadlDesktoplAuthorization-DEC-Ray White Road.doc 3 2. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. 3. Elevation or Z coordinates shall be on City Datum only. 4. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). . When conducting design survey at any location on the project, the surveyor shall carry readily visible information identifying the name of the company and the company representative. All company vehicles shall also be readily identified. iv. For PROJECT areas located in alleys or backyards, SURVEYOR will obtain the following: 1. Obtain permission for surveying through private property. If the property owner does not grant access to property for survey purposes, the CITY will provide assistance to gain access. 2. Locate horizontal and vertical alignment of utility lines. Tie improvements, trees, fences, walls, etc., horizontally along rear lines. In addition, locate all rear house corners and building corners in backyards, if required by CITY during the initial project meeting. b. Righ`� —of-Way Lase (�iap Preparation for Design or Study The SURVEYOR will conduct property research and prepare right-of-way base maps for design or study purposes of affected and adjacent properties located within the project limits. The SURVEYOR will prepare the base map based on property/right-of-way record(s) research and available on -ground property information (ie. Iron rods, fences, stakes, etc.). The SURVEYOR is not performing title research on the property, but is expected to research all available existing property records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project. Any chain of title research, parent tract research, research for easements, right-of- way takings, easement vacations and abandonment(s), right-of-way vacation(s), and/or street closures are considered additional services and will be billed on an hourly basis per rates listed in "Attachment 13-2" following approval of the city's project manager. c. Ricrht-of-way/Easerriertit Document Prepdrafior� Preparation ofiright-of-way and easements will be in conformance with "Submittal of Information to Real Property for Acquisition of Property and will be performed at the direction of the CITY staff. d. Residential b1lotificatiort or° Right-of-Entii, fofc Surveying Purposes If residential notification is required for field surveys on this project, mail -outs will be C:1Documents and SettingslmnassaadlDeskioplAuthorization-DEC-Ray White Road.doc d. s5 i prepared for approval by CITY T/PW 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. -O R- 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 T/PW 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. Construction �tagingll�hasing anci T raf�ic Control Plan Preparation 3faging glans The submittal typically consists of general notes sheet(s), overview sheet(s), brief staging, work zone warning sign details, proposed detour(s) if applicable, typical section(s) and details) for more complex construction issues. Staging can be placed on overview sheets) or on separate sheet(s). Below is a list of items the Staging Concept shall identify if applicable. Provide information on why and where it could be needed: • Identify the proposed temporary traffic barrier system. • Temporary pavement E Temporary shoring • Temporary Structures • Structure staging • Temporary Drainage E Temporary Signals E Temporary Signing E Temporary on -site or off -site detours • All roadway construction i rafric Control fan �re��rafion Prepare detailed Trafific Control Plans following approval of preliminary plans (each sheet shall be stamped, dated, and signed by the CONSULTANT.) based on approved construction staging plan for approximately 2,650 L.F. of roadway improvements as per the prime agreement. CONSULTANT's design will include t}1pical TxDOT traffic control and work zone detail sheets. The ENGINEER will provide the CONSULTANT with all necessar}/ layout files in CADD format need to prepare traffic control plan sheets. The CONSULTANT shall deliver 22"X34" reproducible plan sheets for all necessary submittals as per the prime agreement. C:1Documents and 5ettingslmnassaadlDesktopWuthorization-DEC-Ray White Road.doc 5 l �I Work Title Hourly mate Principal $185,00 Controller $165.00 Senior Associate $150.00 Engineer/Associate $125.00 SurveyorlAssociate $125.00 Engineer Intern/Jr. Associate $95.00 Designer $90.00 Survey Technician $85.00 2-Ian Survey Crew $125.00 GPS Survey Crew $150200 Specification Writer $60.00 Reproduction $30.00 Word processor / Secretary $38.00 An,r extra work that is not in fihe Scope of l��►orl., the Consultant fees will be based on the above hourly rates schedule. C:1Documents and SeftinaslmnassaadlDesidoplAuthorization-DEC-Ray White Road.doc and Associates, Inc. Februar;v 9; 200� T'ia Electroric hTail Briars G'Neill Dannenbaum Engineering Corporation 642.1 Camp Bowie Blvd. Fort Worth, Texas 76116-5241 Re: Ray ��,%1-�ite and Shiver Illumination Desi�tin Fortl�jorth, Texas Dear I�u. O'I�Teill: Yimley-Horn and Associates, Inc. (I�>) is pleased to submit this Zetter Agreement to Dannenbaum Engineering Corporation (Client) to provide professional services to provide illumination design along Ray White Road and Shiver Road in the City of FortWorth, Texas. Our project understanding, scope of services; schedule, and fee are. be.loAV, The following Scope of Services has been developed based on: 7) our experience from previous street lighting design, 2) and discussion with the Client. I'raject Ur�derstanditig Based on discussions with the Client, eve understand thai illumination sz=stems �=,=ill be designed for the following areas: f Ray 4%�ite Road — zorn Ittarth TarZant Parl:s��ay to Shiver Road; apprcximately 2,500'. Shiver Road — approximately 1,500'. Scope of Services Tash 1— Illumination Desi�i� I'LHA will perform the following sub -tasks: A. Data Collection. KhA will utilize electronic base map information provided b}the Client. B. Project Coordination. K HA v.ill meet vk=itl-i the City of Fort Worth to discuss their design preference for this project. I�HA ���ill also meet u=ith the electrical service provider to discuss electrical service locations. f EL 817 535 ' i FPJ: Ell 335 5070 5u�e °5C 801 Cherry sireel, Unit/ 11 ForsY,`ot6ljexas 761C2 ' } Kimley-Horn and Associates, Inc. C. Preliminary Design. IsHA will prepare a preliminary median -mounted illumination system for the project in accordance with applicable local codes and/or IESNA reconunended practices, as recommended by the City of Fort Worth. The illumination system )vill be designed using dual-arzn light poles (Ray 71hite) and single-arin light poles (Shiver) with cobra -head fixtures. The preliminary plans will include the following: Light pole Location data; Foundation details: Conduit routing; Conductor sizing; and Electrical service location(s). Three (3) 11" x 17" copies of the prelirnu7ary plans and associated standards will be submitted to the Client for review. PHA will meet with the Client to review and discuss comments for the preliminary design. D. Final Design. I�I�� will incorporate comments received from the preliminary plans and prepare the final plans for inclusion into the Client's plan set. One (1) 11" x 17" hlylar set and three (3) 11" x 17" paper sets of the final plans will be submitted to the Client. A list of quantities and unit prices will also be submitted for the Client's use. �.ddii4onal Ser�ices ?ny services not specii�eally pro��ided fe:- iri the above scope, as well as any changes in the scope the Client requests ir, �rriting, vrill be considered additional services and will be performed at our then current :sourly rates. Informktion PraNrided lay Client The electronic base files for the project vrill be pro�-ided by the Client. I'�HHA_ shall be entitled to rely on the completeness and accuracy of all infoz7nation provided by the Client. Schedule Tasl, l w71i be completed in a mutually agzeed upon schedule. h`ee and Filling .ILA will perform the services described isl Tas>t 1 of the Scope of Sen�ices for a lump sum fee of S2b;50G. A breal�dov,�rl of the lump Burn fee by roadv,�ay is shown below: rev 02/i � KKimleat.l tom and hswrsiaies, Inc. Ray VWhite Road: WAI 000 Shiver Road; 7, 1903 �c�D�on CGS¢ o�'a31�9 A.11 permitting; application; and similar fees ��'iil be paid directly by the Client. Fees and expenses will be invoiced monthly based upon the percentage of services performed as of the invoice date. V��e appreciate the opportlinii�7 to pro��ide t)•iese services to you. Please contact us "you have any questions. eery traly yours, I�IIt'�LEI'�IiORI�T AIf�� I�.SSOCIATLS. II�TC. I Brian Shamburger; P.E.; PTOE Project Manager rev Oi/Qi Kimley-Morn i and kssociaiee, Inc. I lmleS,-Horn and Associates;. Inc. Standard Rate Schedule {Hourly Rate} Senior Professional I Senior Professional II Professional Ijesigner Technical Support Clerical/Adrninistrative. Support Effective.I�nuar}� 1, 20Q� V140-Ms $0-of) 125 120-SAM 60 - 110 $60 - $85 0 ® / qIRIAN 2 f� Z E \k a SEEMS CL (a co 0 %�$ k \ S 2 @ ® © % 2 G # 0 a k /_ e — a a 0 MENNIM ok \ ) 0 a / c u Q Ufa \0 EU _ Q Ca : ƒ d t E 3 a 2 CO CO Coe 2 c » 0 I I E e § / ( 0 a=\/2 / E 70 k� 2 Q k 2#q k \ § @ �nq<R « 0 a \ \ e= C\l « a 0 smoms &\ f2 �N n2 a \ � \ Ec #� O /§k ± \8 mg2 0 0 C: 22E m. ca ]2¥/] cCLILe January 30, 2009 Mr. Brian O'Neill, P.B. Dannenbaum Engineering Co. 6421 Camp Bowie Blvd., Suite 400 Fort Worth, Texas 76116 Re: Proposal for Geotechnical Investigation Pavement Reconstruction Of Arterial Streets Ray White Road and Shiver Road Fort Worth, Texas Proposal No. P09-0115E Nir. O'Neill: & b@1 i1 C9G GSF:x b�: lirict email: brian.oneill(wdannenbaum.com Transmitted herewith is our proposal for a geotechnical investigation at the site referenced above. (�raiec'� Re�u6rernents Pavement reconstruction is to occur along two arterial city streets in Fort Worth, Texas as detailed below. Two south bound lanes along Ray White Road will be added from North Tarrant Parkway, extending no, 2700 feet to Shiver Road to achieve a 4-lane divided section. Existing culverts beneath the north bound lanes will be extended beneath the south bound lanes at a major creek crossing. Two south bound lanes will be added along Shiver Road from (veridian Lane, extending west 1450 feet to a daycare facility to achieve a 4-lane undivided section. Pavement design is to be performed per the current City of Fort Worth Pavement Design Standards Manual with the exception that only typical testing needed for pavement design will be performed as detailed below. Proctor compaction, UU T riaxial tests and CBR tests will not be performed. CBR correlations will be based on strength, swell and index properties. StatLin� andlJtilit Clearance A total of 11 borings will be drilled. Six (G) Borings will be drilled to 10' beneath the proposed roadway and 1 Boring will be drilled to 20' at a creek crossing will be drilled along Ray White Road. Four (4) borings will be drilled along Shiver Road beneath the proposed roadway. The boring program proposed will limit the boring spacing to a range of about 450' to 5001. All borings are to be staked by MasJek. Due to overhead power lines, a special low mast rig will be required. Utility clearance coordination with Dig Tess and the City of Fort Worth will be performed by MasJek. Traffic Control Plans will be submitted by Mas-Tek to the City of Fort Worth. 5 ! 32 Sharp Street Dallas, Texas 75247 972 70�-73�� Pavement Reconstruction [AAs TEK Engineering Cif Arterial Streets L IssociateS, Inez Ray White Road and Shiver Road Fort Worth, Texas Proposal No. P09-0115E January 30, 2009 Page 2 Utility clearance by i�ias-Tek with Dig Tess and the City of Fort Vdorih Traffic Control Plans will be submitted to City of Ft. Worth E Eleven (11) geotechnicai borings will be drilled. T his includes ten (10) to 10' depth and one (1) to 20' depth Clay soils will be sampled with Shelby Tube samplers. Rock will be augered. Cone penetration tests in rock and SPT's in sand will not be possible due to the need for a low mast rig. Due to overhead power lines, a conventional truck mounted rig cannot be used. Backfilling borings with sand with the top 2' plugged with sacrete E Geotechnical laboratory testing including Atterberg Limits (Pl's), moisture content, continuous P.P. strength/swell profile, swell testing, sulfates, sieve analysis, unconfined compression, lime series. Geotechnical Report with recommended pavement sections including subgrade stabilization recommendations Recommendations for roadway reconstruction and culvert construction at a creek crossing beneath Ray White Road, I�CTE: Differential soil swell considerations will also be addressed where 2 lanes will be added to Shiver Road to achieve a 4-lane undivided roadway. i�rzE: o Iq,-rint,#.On aseumin�€ the 'tor R�1t XhfhEtG anC� �;11V�r crc perft3rrt`st�� a{� ttIe sane time. If tt$e Shiver Road 1"vestigation Is not periormed, the fee would be reduced by $3250 (to3E0). if acceptable, please sign below and fax baci: to our office as our authorization to proceed. vincerely, [0jas=Tek Ertgineer°ing �: f�ssociates, Inc, hark J. Farrow. E. Principal Engineer cc: Kim England accepted by: Signature Title Date: Environmental Science, Engineering & Land Use Consultants 14701 St. Marys Lane, Suite 400, Houston, Texas 77079 (281) 58M898 fax: (281) 58M007 Houston 0 Austin 0 Dallas/ Fort Worth 0 WDBE/HUB 0 www.berooliver.com February 2, 2009 Mr. Brian D. O'Neill, P.E. Dannenbaum Engineering Company 6421 Camp Bowie Blvd., #400 Fort Worth, TX 76116 Via email.• briars.oneillna,dannenbau/rr.conz Re: Proposal for a Wetland Due Diligence Study (Including GPS Mapping and United States Army Corps of Engineers (USACE) Jurisdictional Determination), and an Archeological Survey with THC Coordination BOA Project #8003espr Dear Mr. O'Neill: The following proposal is provided to Dannenbaum Engineering Company for environmental services for approximately 0.D mile, located on Ray White Road from North Tarrant Parkway to Shiver Road, in Tarrant County, Texas. Berg4Oliver Associates, Inc. (Berg<�Oliver) will provide special attention to complete the work in a timely and professional manner. We will begin the assessment upon your acceptance and execution of this proposal. Berg �> Oliver Associates, Inc. is proposing to provide the following services: Taslc I) Wetland Due Diligence Study (Including GPS Mapping and USACE Jurisdictional Determination); and Task II) Archeological Survey with THC Coordination. Attachment A describes each service. PROJI{;CT SCHI✓IIUh,E The scope of work involved in this environmental service proposal is anticipated to be complete within thirty (30) calendar days of the receipt of an executed proposal and boundary survey/plat, or other suitable boundary map by Berg �- Oliver. The project completion schedule is the goal of all parties; it does not, however, reflect unusual delays due to forces beyond the control of Berg (� Oliver and/or modifications to the scope of work based upon actual findings or additional requests by Dannenbaum Engineering Company, its agents, or governmental agency. RI GI-f'I' OF ENTRY Unless otherwise stated, it is assumed that the client has the authority to enter the property for purposes of conducting environmental assessments and herein grants that authority to Bergh Oliver. 1 Berg F Oliver Associates, Inc. BOA project number 8003espr February 2, 200R BASIC CO1\1PENSATION AJ\T MET1110 OF PA1'1VfENT The work described below includes standard tasks that are usually required to complete the scope of the project. If a specific task is not necessary, as determined by Bergt Oliver in consultation with the client and/or regulatory agency, it may not be performed in order to reduce charges to the client. Berg v Oliver proposes to provide the environmental services described in Attachment A to Dannenbaum Engineering Company for the following hourly, not4o-exceed amounts: TASK I: ��TETP,��I} I�UE I�IIJI�EI�ICE S'I'UI��.', I�CI.,UIIII�1� OPS I��APPI1�� & USACE JURISDICTIONAL $2,400.00 T'ASI� II: AItCI�EOI�O�ICAI, SUII�E�' � T'ITC COORDII�IATIO%T ................ $�,�50.00 I��IA�III�FUIV TOTAL: �6,6�0.00 This amount is based upon the property having clear and legal access so that fteld work can be completed in one (1) day or less by a one-man crew. This task includes 20 hours of Project Management/Mapping time. Extraordinary circumstances, such as the presence of wetlands or the exceedance of 0.1 acres of waters of the U.S., may require additional tasks or further detailed analysis not covered in the present scope of work (i. e., Delineation, Verification, and Permitting - If any of these are required, a separate proposal will be prepared). This amount also assumes that Berg eOliver will only conduct preliminary coordination with the USACE at this time. All correspondence in this stage would be by phone and e-nail to get a determination ftonz the USACE that the site does or does not contain jurisdictional wetlands. If this task requires more than a total of 20 hours of Project Management/Mapping time, the extra hours will be billed as additional services, based on the attached rate schedule, but will not exceed 10% ($240.00) without written approval from the client. If additional tasks require more than a 10% overage (as described above), Berg t� Oliver will provide the client with an appropriate change order. This cost estimate is valid for a period of six (6) months beyond the date shown below. After six (6) months, cost estimates may change due to fluctuations in fuel, subconhactors, and other sources required to complete the project. Berg Z Oliver will begin the work described herein upon the execution of this proposal by the client. Invoices for all hourly work will be submitted monthly and will be based upon the attached Rate Schedule in Attachment B. Payment of all invoices is expected within thirty (30) days of the client's receipt of the invoice submitted by Bergh Oliver. If invoice is not paid in full in thirty (30) days, interest will accrue at 1.5% per month (1 S% per annum). C�I�dF'IIIETT�TIALITS' OF' ASSESSI�EI�1T The assessment and all related work and services of Berg(, Oliver Associates, Inc. are confidential. Berg�>Oliver Associates, Inc. is hereby employed by Dannenbaum Engineering Company pursuant to this contract. Under such contract relationship, all correspondence, written or oral, which relates to the findings of this study are, to the extent permitted by law, strictly confidential 2 Berge Oliver Associates, Inc. BOA project number 8003espr February 2, 2009 between the parties hereto, unless Berg< Oliver Associates, Inc. receives a written request from the client to offer the results of this study to a third parry not a part of this agreement/proposal. Environmental assessments may occasionally uncover extremely sensitive findings. It is the responsibility of Berg * Oliver Associates, Inc. to report these findings to the authorizing client and to no other party. P�OPOSAAI_, ACCIiJPT�10E AI�TB E�EC�ITI�I�r Acceptance of this proposal, including the "General Conditions for Services" found in Attachment C, will be indicated by the signatures below and will serve as authorization to proceed with the work proposed herein. The signatory below also represents that the client has, or has secured, the authority to grant permission for Bergs Oliver Associates, Inc. personnel to enter the subject property as necessary to conduct these assessments and that such permission is granted to Bergt101iver Associates, Inc. by the execution of this agreement/proposal. If the client is a Corporation or a Partnership, then the signature below will also represent the personal guarantee of the individual signing on behalf of the Client. IN WITNESS THEREOF, Dam-renbaum Engineering Company and Bergh Oliver Associates, Inc. have accepted and executed this proposal for environmental services on this the day of . 2009. By: Authorized Signature BER.�f ®I�I��I+;Ba ASSOCIAT'EU, Il�C. Amy Ivi: Brook Senior Associate 3 Bergh Oliver Associates, Inc. BOA project number 8003espr February 2, 2009 A rTAC NIT A LEZLL�TZti • ��� SCOPE OF • The goal of the Wetland Due Diligence Study is to provide a cost-effective evaluation of the project site for wetlands that may influence the design and/or constriction of a project. The Wetland Due Diligence Study is NOT a wetland delineation conducted according the Corps of Engineers Wetland Delineation Manual — Technical Report Y-874, but it is based on the criteria used by the U.S. Army Corps of Engineers (USACE) to determine jurisdictionality under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. The Due Diligence Study should not be used as a baseline for actual engineering or design, but it can prove to be valuable for evaluating the feasibility of a project. If potential wetland areas are discovered during site reconnaissance, their approximate areas and locations will be estimated and located on a site drawing. Based upon our findings, delineation of wetland areas may be recommended to determine the actual acreage of jurisdictional wetlands. If no wetland areas are found that would be considered jurisdictional, Bergh Oliver Associates, Inc. will provide a letter indicating such findings. In order for work to begin, the client must provide a plat, map, or survey of the property sufficient for Berg <� Oliver Associates, Inc. to determine, while in the field, the boundary edges of the study site. The tasks we are proposing to provide in the Wetland Due Diligence Study are as follows: 1. Perform in -office evaluation of the property from infrared aerial photography and other available information to identify potential wetlands. 2. Conduct a field reconnaissance, which will include walling the entire perimeter of the project area to confirm the findings of the in -office evaluation. 3. Document field notes and general observations of the site, and estimate approximate sizes and locations of jurisdictional waters and any wetland areas and/or hydrological connections to a Water of the U.S. and/or 100-year FEMA floodplain. Waters will be GPS'd in the event the feature is considered a vegetated water only, in which case if the project impacts >0.1 acres of water, a USACE Section 404 permit will be needed (a separate proposal would be prepared). 4. Classify any identified wetlands as "isolated," "potentially isolated," "adjacent," or "potentially adjacent." 5. Provide the findings to the client, including a map rendering of the site, with the above information. 6. Make recommendations as appropriate. 7. Upon client request, submit findings to the USACE in order to obtain an official Jurisdictional Determination. The USACE determination may indicate the necessity of obtaining a permit. If a permit is required for site activities, a wetland delineation and a subsequent USACE verification will likely be required. (Response from the USACE may 4 Berg 6 Oliver Associates, Inc. BOA project number 8003espr February 2, 2009 take up to 120 days.) Any information gathered in this Study that can be utilized for the Delineation and Permit, if required, will be used for cost reduction. TASK II AACHEOLOGICAL SURVEY & THC COORDINATION SCOPE CE WORK This task, in compliance with the State of Texas Antiques Code requirements, would inchide an archeological survey as well as coordination with the Texas Historical Commission (THC). A professional archeologist would drive the proposed project corridor and take photographs of all previous impacts and current conditions, but would pay particular attention to the creels crossing for potential archeological deposits. A detailed on -the -ground examination of the creek banks would be conducted with photographs taken of the bank profiles. A report of the investigations will present the findings and any recommendations. The report will be provided to the client, and, upon client approval, will be submitted to the THC for concurrence of the findings. $ Berg< -Oliver Associates, Inc. BOA project number 8003espr February 2, 2009 PTA.CIEVIENT B Environmental Science, Engineering & Land Use Consultants 14701 St. Mary's Lane, Suite 400, Houston, Texas 77079 (281) 589-0898 fax: (281) 58M007 Houston 0 Austin 0 WDBE/HUB 0 www.bergoliver.com 2009 PERSOIiIIVEL RATE SCHEDULE Personnel Project Director/Principal Senior Associate Professional Engineer Project ManagerlRegisteredEnvlronmental Manager Professional Geologist Health/Safety Officer/Chemist Project Coordinator Wetlands Biologist/Ecologist Soil Scientist/Geologist Senior GIS Analyst GIS Analyst Field Technician In -House Technician/Adnurustrator CARD Sr. Analyst CADD Analyst Administrative/Word Processing Specialist Subcontractors Hour]y Billing Rate $165.00 $140.00 $140.00 $125.00 $115.00 $115w00 $ 110.00 $ 105.00 $ 105.00 $ 100.00 $ 90.00 $ 80.00 $ 75.00 $ 80.00 $ 70.00 $ 65.00 Cost+ 15% Above rates include all normal expenses of BOA's business, including mailing charges, in-house photocopying, long distance telephone costs, in-house graphic systems, and local area travel, unless otherwise staled in the agreement. Expenses, such as travel beyond fifty (50) miles, outside photocopying, delivery charges, photographic reproduction, and other outside services, are considered reimbursable by the client at rate of cost +15%. Any extraordinary reimbursable expenses, in excess of $250.00 must have authorization from the client. NOTE: The rate schedule is for the current fiscal year, with an effective date of January i. Hourly rates are adjusted annually as inflation dictates. If this contract spans more than one fiscal year (ending December 31), hourly rates maybe adjusted. Regardlessof any rate adjustment, the not to exceed" figures in a contract will not change. 6 Bergt Oliver Associates, Inc. BOA project number 8003espr February 2, 2009 A.TTA CHME T C � -4 NERAL CONDITIONS FOR SERVICES These General Conditions are a part of each agreement behveen BergiOliver Associates, Inc, and its client for the performance of services. Berg4Oliver Associates, Inc. is identified as "BOA". The party for whom the services are performed is identified as "Client", and the written agreement between the parties, including these General Conditions, is called "this Agreement". Article 1: Services by BOA 1.1 Scope of services standard of care. BOA will perform the scope of services expressly described in this Agreement, after it is signed by both parties. The services performed by BOA will be conducted in a manner consistent with the degree of care and skill ordinarily exercised by reputable companies performing the same or similar services in the same locale acting under similar circumstances and conditions. 1.2 Restoration. BOA will exercise reasonable care to minimize damage to the site. However, Client acknowledges that some damage may occur in the normal course of performing the services, even if due care is exercised, and agrees that BOA will not be liable for such damage and will be entitled to additional compensation if it is asked to perform restoration services not expressly included in the scope of services. 1.3 Reports and Investigations. If BOA's performance of the services includes assessment, identification, or testing services, the number of investigations and observations BOA makes, the number of samples it collects, or the number of tests it performs are necessarily limited by budgetary and time constraints, and observations and samples by their specific locational nature may not exactly represent similar samples or observations in the immediate vicinity. BOA does not guarantee that all violations, problems, or sources of possible environmental condition will be identified, that all contaminants or environmental condition will be detected/identified, or that requirements, standards, or conditions will not change over time. Any report issued by BOA will set forth its findings and conclusions based on the limited information available from the observations, investigations, sampling, and/or testing conducted under this Agreement. In preparing its report, BOA may review and interpret information provided by Client, third parties, and regulatory agencies and will be entitled to rely on the accuracy of such information, including laboratory results, without performing an independent verification. BOA may include in its report a Statement of Limitations describing the limitations of its investigations and findings and indicating that the report is for Client's use only and will not be relied upon by any third party, except as expressly agreed in writing by BOA, and then only at such third party's own risk. 194 Documents. All reports and documents prepared and deliverable to Client pursuant to this Agreement will become Client's property upon full payment to BOA. BOA may retain file copies of such deliverables. All other reports, notes, calculations, data, drawings, estimates, specifications, and other documents and computerized materials prepared by BOA are instruments of BOA's services and will remain BOA's property. All deliverables provided to Client are for Client's use only for the purposes disclosed to BOA, and Client will not transfer them to others or use them or permit them to be used for any extension of the services or any other project or purpose, without BOA's express written consent. 1.5 Services not included. Unless expressly included in the scope of services, BOA's services will not include the following: (a) the detection, removal, treatment, transportation, disposal, monitoring, or remediation of any contamination of soil or groundwater at the site by petroleum or petroleum products (collectively called "oil") or hazardous, toxic, radioactive, or infectious substances, including any substances regulated under RCRA or any other federal, state, or local environmental laws, regulations, statutes, rules, standards, or ordinances (collectively called "Hazardous Materials"); (b) mechanical compaction of bacltiill; (c) dewatering before installation or filling tanks with liquid or ballast following installation; (d) pump -out or disposal of product, water, or other contents from existing tanks; (e) installation of anchor systems, foundations, shoring, or other support devices; (f) concrete, blacktop, water, sewer, electricity, or other outside services; (g) the removal of any soil or water; (h) installation of protective fencing or other structure; or (i) construction or monitoring. BOA will be entitled to additional compensation if it is asked to perform or provide such services listed above. BOA will not be responsible for damage to or imperfections in any concrete slabs it installs unless they are protected by Client from traffic for seven days. 1.6 Estimates. Any estimates of probable construction or implementation costs, financial evaluations, feasibility studies, or economic analyses prepared by BOA will represent its best judgement based on its experience and available information. However, Client recognizes that BOA has no control over costs of labor, materials, equipment, or services furnished by others or over market conditions or contractors' methods of determining prices. Accordingly, BOA does not guarantee that proposals, bids, or actual costs will not vary from opinions, evaluations, or studies submitted by BOA. Berg t Oliver Associates, Inc. BOA project number 8003espr February 2, 2009 1./ Other Contractors. Except to the extent expressly agreed in writing, BOA will not have any duty or authority to direct, supervise, or oversee any contractors of Client or their work or to provide the means, methods, or sequence of their work or to stop their work. BOA's services and/or presence at a site will not relieve others of their responsibility to Client or to others. BOA will not be liable for the failure of Client's contractors or others to fulfill their responsibilities, and Client agrees to indemnify, hold harmless, and defend BOA against any claims arising out of such failures. 1.3 Litigation support. BOA will not be obligated to provide expert witness or other litigation support related to its services, unless expressly agreed in writing. In the event BOA is required to respond to a subpoena, government inquiry, or other legal process related to the services in connection with a proceeding to which it is not a party, Client will reimburse BOA for its costs and compensate BOA at its then standard rates for the time it incurs in gathering information and documents and attending depositions, hearings, -and the like. 169 Warranty. If manufactured products are purchased by BOA and furnished to Client or incorporated into the work, BOA will assign to Client any warranties provided by the manufacturer, to the extent they are assignable, and Client's sole resource will be against the manufacturer. NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. Full risk of loss of materials and equipment furnished by BOA will pass to Client upon their delivery to Client's premises, and Client will be responsible for protecting them against theft and damage. However, until BOA is paid in full, it will retain title for security purposes only and the right to repossess the materials and equipment. Article 2: Responsibilities of Client 2.1 Client requirements. Client, to the best of its ability, without cost to BOA, will: (a) Designate to BOA a person to act as Client's representative; (b) Provide or arrange for access and make all provisions for BOA to enter any site where services are to be performed; (c) Furnish BOA with all reasonably available information pertinent to the services; (d) Furnish BOA with a legal description of the site and all available surveys, site plans, and relevant information about site conditions, topography, boundaries, easements, zoning, land use restrictions, and right-of-ways, if available and as needed; (e) Furnish BOA with all approvals, permits, and consents required for performance of the services except for those BOA has expressly agreed in writing to obtain; (f) Notify BOA promptly of all known or suspected Hazardous Materials at the site, of any contamination of the site by Oil or Hazardous Material, and of any OTHER CONDITIONS REQUIRING SPECIAL CARE, and provide BOA with any available documents describing the quantity, nature, location, and extent of such materials, contamination, or conditions; (g) Comply with all laws and provide any notices required to be given to any government authorities in connection with the services, except for such notices BOA has expressly agreed in writing to give; (h) Before commencement of any drilling or excavation at a site, furnish BOA with a complete description (to the best of their ability) of all underground objects and strictures at the site, including, but not limited to, wells, tanks, and utilities; and indemnify, hold harmless, and defend BOA against claims arising out of damages to underground objects or strictures not properly defined; (i) Provide BOA with information concerning prior owners of the site and any current or historical uses of or activities on the site by Client, prior owners, or others, as needed; (j) Furnish to BOA any known contingency plans related to the site; (k) Furnish to BOA any previous environmental audits and/or assessments related to the site. 2.2 hazards. Client represents and warrants that it does not have any knowledge of Hazardous Materials or Oil, or unusually hazardous conditions at the site or of contamination of the site by Oil or Hazardous Materials except as expressly disclosed to BOA in writing. 2.3 Confidentiality. Client acknowledges that the technical and pricing information contained in this Agreement is confidential and proprietary to BOA and agrees not to disclose it or otherwise make it available to others without BOA's express written consent. 2A Health and safety. Client acknowledges that it is now and will at all times remain in control of the project site. Except as expressly provided herein, BOA will not be responsible for the adequacy of the health or safety programs or precautions related to Client's activities or operations, Client's other contractors, the work of any other $ Berg e Oliver Associates, Inc. BOA project number 8003espr February 2, 2009 person or entity, or Client's site conditions. BOA will not be responsible for inspecting, observing, reporting, or correcting health or safety conditions or deficiencies of Client or others at Client's site. So as not to discourage BOA from voluntarily addressing health or safety issues while at Client's site, in the event BOA does address such issues by making observations, reports, suggestions, or otherwise, BOA will nevertheless have no liability or responsibility arising on account thereof. Client agrees to indemnify, hold harmless, and defend BOA to the fullest extent permitted by law against any and all claims arising out of such programs, activities, conditions, or deficiencies unless BOA is responsible for gross negligence with regard to its work. Article 3: Changes; Delays; Excused Performance 301 Changes. Unless this Agreement expressly provides otherwise, BOA's proposed compensation represents its best estimate of the costs, effort, and time it expects to expend in performing the services based on its reasonable assumption of the conditions and circumstances under which the services will be performed including, but not limited to, those stated in Section 3.2. As the services are performed, conditions may change or circumstances outside BOA's reasonable control (including changes of law or regulatory policy) may develop that would require BOA to expend additional costs, effort, or time to complete the services, in which case BOA will notify Client, and an equitable adjustment will be made to BOA's compensation. In the event conditions or circumstances require the services to be suspended or terminated, BOA will be compensated for services previously performed and for costs reasonably incurred in connection with the suspension or termination. 392 Assumptions. Unless specified in writing, BOA's compensation is based on the assumption that: (a) there is no impact spoil or excavation of natural resources on or adjacent to the site that has not been disclosed to BOA by the client; (b) there is no contamination of soil or groundwater at the site by Oil or Hazardous Materials that has not been disclosed to BOA by Client, (c) BOA will not encounter any underground structures, utilities, boulders, rock, water, running sand, or other unanticipated conditions in the course of drilling or excavation; (d) tank installations will not require dewatering by BOA; and (e) if BOA's scope of services includes services related to petroleum facilities or storage tanks, groundwater will not cause tanks to float or require the use of Ballast. BOA will be compensated for any additional efforts expended or costs incurred in addressing such conditions. 3.3 Force majeure. BOA will not be responsible for any delay or failure of performance caused by fire or other casualty, labor dispute, government or military action, transportation delay, inclement weather, Act of God, act or onussion of Client or its contractors, failure of Client or any government authority to timely review or to approve the services or to grant permits or approvals, or any other cause beyond BOA's reasonable control. In the event of such delay or failure, the time for performance will be extended by a period equal to the time lost phis a reasonable recovery period, and the compensation will be equitably adjusted to compensate for any additional costs BOA incurs due to any such delay. 3A Disputes, If any claim or dispute arises out of this Agreement or its perfornance, the parties agree to endeavor in good faith to resolve it equitably through negotiation or, if that fails, through nonbinding mediation under the rules of the American Arbitration Association, before having recourse to the courts. However, prior to or during negotiation or mediation, either party may initiate litigation that would otherwise become barred by a statute of limitation, and BOA may pursue any property liens or other rights it may have to obtain security for the payment of its invoice. Article 4: Compensation 4,1 hates. Unless otherwise agreed in writing, BOA will be compensated for its services at its standard rates and will be reimbursed for costs and expenses (plus reasonable profit and overhead) incurred in its performance of the services. 4.2 Invoices. BOA may invoice Client on a monthly or other progress billing basis. Invoices are due and payable upon receipt by Client. On amounts not paid within 30 days of invoice date, Client will pay interest from invoice date until payment is received at the lesser of 1.5% per month or the maximum rate allowed by law. If Client disagrees with any portion of an invoice, it will notify BOA in writing of the amount in dispute and the reason for its disagreement within 21 days of receipt of the invoice, and will pay the portion not in dispute. 4.3 Suspension, etc. BOA may suspend or terminate the services at any time if payment is not received when due and will be entitled to compensation for the services previously performed and for costs reasonably incurred in connection with the suspension or termination. 4,4 Collection. Client will reimburse BOA for BOA's costs and expenses (including reasonable attorneys' and witnesses' fees) incurred for collection under this Agreement. 9 Berg � Oliver Associates, Inc. BOA project number 8003espr February 2, 2009 4.5 Taxes, etc. Except to the extent expressly agreed in writing, BOA's fees do not include any taxes, excises, fees, duties, or other government charges related to the goods or services provided under this Agreement, and Client will pay such amounts or reimburse BOA for any amounts it pays. If Client claims that any goods or services are subject to a tax exemption or direct payment permit, it will provide BOA with a valid exemption or permit certificate and indemnify, defend, and hold BOA harmless from any taxes, costs, and penalties arising out of the use or acceptance of same. Article 5: Insurance and Allocation of Risk 5.1 Insurance. During the performance of the services, BOA will maintain the following insurance: Workers' Compensation Statutory limits Employers' Liability $1,000,000 each accident Commercial General $1,000,000 per occurrence & aggregate Automobile Liability $1,000,000 per occurrence & aggregate Professional Liability $1,000,000 per claim & aggregate Insurance certificates will be furnished upon request. 5.2 Client indemnification. For separate consideration of $10 and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Client agrees to indemnify, hold harmless, and defend BOA from and against any and all liabilities, demands, claims, fines, penalties, damages, forfeitures, and suits, together with reasonable attorneys' and witness' fees and other cost and expenses of defense and settlement, which BOA may incur, become responsible for, or pay out as a result of death or bodily injury or threat thereof to any person, destruction, or damage to any property, contamination of or adverse effect on natural resources or the environment, any violation of local, state or federal laws, regulations or orders, or any damages claimed by third parties (collectively, "Damages") to the extent arising in whole or in part out of Client's violation of law or breach of this Agreement or out of the negligence or willful misconduct of Client, its other contractors, agents, suppliers, or employees. 5.3 BOA indemnification. For separate consideration of $10 and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and subject to the limitations set forth in paragraph 5.4, BOA agrees to indemnify, hold harmless, and defend Client from and against any and all liabilities, demands, claims, fines, penalties, damages, forfeitures and suits, together with reasonable attorneys' and witness' fees and other costs and expenses of defense and settlement, which Client may incur, become responsible for or pay out as a result of death or bodily injury or threat thereof to any person, destruction or damage to any property, contamination of or adverse effect on natural resources or the environment, any violation of local, state or federal laws, regulations or orders, or any damages claimed by third parties (collectively, "Damages") to the extent arising in whole or in part out of BOA's violation of law or breach of this Agreement or out of the negligence or willful misconduct of BOA, its other contractors, agents, suppliers, or employees. 5.4 Limitation of liability. BOA's aggregate liability for any and all claims arising out of this Agreement or out of any goods or services furnished under this Agreement, whether based in contract, negligence, strict liability, agency, warranty, tort, trespass, or any other theory of liability, will be limited to $10,000 or the total compensation received by BOA from Client under this Agreement, whichever is the lesser. In no event will BOA be liable for special, indirect, incidental, or consequential damages, including commercial loss, loss of use, or lost profits, however caused, even if BOA has been advised of the possibility of such damages. Any claim will be deemed waived unless made by Client in writing and received by BOA within one year after completion of the services with respect to which the claim is made. 5.5 Employee injury. Client agrees not to impede or to bring an action against BOA based on any claim or personal injury or death occurring in the course or scope of the injured or deceased person's employment with BOA and related to the services performed under this Agreement. 5.6 Defense. Any defense of BOA required to be provided by Client under this Agreement will be with counsel selected by BOA and reasonably acceptable to Client. Article 6: Hazardous Materials Provisions 6.1 Hazardous Materials. Except to the extent expressly agreed in writing, BOA's services do not include directly or indirectly performing or arranging for the detection, monitoring, handling, storage, removal, transportation, disposal, or treatment of petroleum or petroleum products (collectively called "Oil") or of any hazardous, toxic, radioactive, or infectious substances, including any substances regulated under RCRA or any other federal or state environmental laws (collectively called "Hazardous Materials"). The discovery or reasonable suspicion of Hazardous Materials or hazardous conditions at a site where BOA is to perform services or of contamination of the site by Oil or 10 Berg 4 Oliver Associates, Inc. BOA project number 8003espr February 2, 2009 Hazardous Materials not previously disclosed to BOA in writing will entitle BOA to suspend its services immediately, subject to mutual agreement of terms and conditions applicable to any further services, or to terminate its services and to be paid for services previously performed. In no event will BOA be required or construed to take title, ownership, or responsibility for such Oil or Hazardous Materials. 6.2 Manifests. In the event that the scope of services includes the remediation of any Oil or Hazardous Materials, before BOA removes from a site any Oil or Hazardous Materials, Client will sign any required waste manifests in conformance with all DOT and other government regulations, listing Client as the generator of the waste. If someone other than Client is the generator of the waste, Client will arrange for such other person to sign such manifests. BOA will not directly or indirectly assume title to or own or be deemed to possess any materials handled or removed form any site, including Oil or Hazardous Materials. Nothing in this Agreement will be construed to make BOA a "generator" as defined in RCRA or any similar laws governing the treatment, storage, or disposal of waste. Except to the extent BOA's responsibilities expressly include identification of the waste, Client will provide waste material profiles, which accurately characterize the waste. If the services include transportation of Hazardous Materials or Oil, BOA may evaluate and recommend possible disposal sites for Client's use. However, under RCRA and CERCLA, the client, as generator, has ultimate responsibility for selection of the disposal site. Client acknowledges and agrees that it will evaluate and select the proper disposal site and be solely responsible therefore. 6.3 Hazardous Materials indemnification. Client acknowledges that BOA does not have any responsibility for preexisting Oil and Hazardous Materials at the site, any resultant contamination there from, or, except as expressly agreed in writing, for previous detection, monitoring, handling, storage, transportation, disposal, or treatment, that BOA's compensation is not commensurate with the unusually high risks associated with such materials, and that insurance is not reasonably available to protect against such risks. Therefore, for separate consideration of $10 and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and in addition to the indemnification provided in Section 5.2, Client agrees to indemnify, hold harmless, and defend BOA against all damages arising out of or related to Oil or Hazardous Materials located at or removed from the site, including damages such as the cost of response or remediation arising out of application of common law or statues such as CERCLA or other "Superfiind" laws imposing strict liability. Article 7: Miscellaneous Provisions 7.1 Confidential information. Although BOA generally will not disclose without Client's consent information provided by Client or developed by BOA in the course of its services and designated by Client as confidential (but not including information which is publicly available, is already in BOA's possession, or obtained form third parties), BOA will not be liable for disclosing such information if it in good faith believes such disclosure is required by law or is necessary to protect the safety, health, property, or welfare of human beings. BOA will advise Client (in advance, except in emergency) of any such disclosure. 7.2 Notices, Notices between the parties will be in writing and will be hand delivered or sent by certified mail or acknowledged telefax properly addressed to the appropriate party. 7.3 Assignment, etc. Neither the Client nor BOA will assign or transfer any rights or obligations under this Agreement, except that BOA may assign this Agreement to its affiliates and may use subcontractors in the performance of its services. Nothing contained in this Agreement will be construed to give any rights or benefits to anyone other that the Client and BOA, without the express written consent of both parties. The relationship between Client and BOA is that of independent contracting parties, and nothing in this agreement or the parties' conduct will be construed to create a relationship of agency, partnership, or joint venture. 7.a Governing law and Headings. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. The headings in this Agreement are for convenience only and are not a part of the agreement between the parties. 7.5 Entire agreement. This Agreement supersedes all prior agreements and, together with any work release document issued under this Agreement and signed by both parties, constitutes the entire agreement between the parties. Any amendments to this Agreement will be in writing and signed by both parties. In no event will the printed terms on any purchase order, work order, or other document provided by Client modify or amend this Agreement, even if it is signed by BOA, unless BOA signs a written statement expressly indicating that such terms supersede the terms of this Agreement. In the event of an inconsistency between these General Conditions and any other writings, which comprise this Agreement, the other writings will take precedence. 7.6 Survival. All obligations arising prior to this Agreement and all provisions of this Agreement allocating responsibility or liability between the parties will survive the completion of the services and the termination of this Agreement. l l Berg E^Oliver Associates, Inc. BOA project number 8003espr February 2, 2009 1-1KRU < ULLV h A�L �, OCIA 'ES, E\ C9 Environmental Science, Engineering & Land Use Consultants 14701 St. May's Lane, Suite 400, Houston, Texas 77079 (281) 589-0898 fax: (281) 5894007 Houston 0 Austin 0 Dallas/ Fort Worth 0 WDBE/HUB 0 www.ber-goliver.com �I�✓It�®R��.NBUIt1 TO: Brian O'Nei]l PHONE NUMBER: 817-763-8883 VIA EMAIL: brian.oneill@dannenbaum.com FROM: Amy Brook DATE: February 2, 2009 SITBJECT: Environmental Services Proposal Dear IVIr. O'NeilL, FAX NUMBER: 817-37 7-2956 NO. OF PAGES: 12 (incl. cover) Attached is our proposal/agreement for environmental services for the site discussed with our firm. Please review the proposal/agreement and, if acceptable, execute the agreement and return to us by fax at (281) 589-0007. �3Je look forward to working with you and Dannenbaum Engineering Company on this project. Thai�lc you for considering Berg t> Oliver Associates, Inc. to assist you with your environmental plamaing. Sincerely, Amy M. Brook Senior Associate Berg c Oliver Associates, Inc. BOA project number 8003espr January 26, 2009 City of Fort Worth, Texas Mayor and Council Communication COUNCIL�ACTICIN:���Approved'on ?1�4I2009 DATE: Tuesday, July 14, 2009 LOG NAME: 20RAYWHITE SHIVER TO NTP REFERENCE NO.: C-23658 SUBJECT: Authorize the Execution of an Engineering Services Agreement in the Amount of $216,731.00 with Dannenbaum Engineering Corporation for the Design of Ray White Road from North Tarrant Parkway to Shiver Road RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Services Agreement in the amount of $216,731.00 with Dannenbaum Engineering Corporation for the design of Ray White Road from North Tarrant Parkway to Shiver Road. DISCUSSION: The 2008 Capital Improvements Program included funds for the engineering design of Ray White Road from North Tarrant Parkway to Shiver Road. The scope of this Engineering Agreement includes the reconstruction of Ray White Road as a new four lane divided arterial roadway from North Tarrant Parkway to Shiver Road. Dannenbaum Engineering Corporation has proposed to complete the final design plans and specifications for a lump sum fee of $216,731.00. City staff considers this fee to be fair and reasonable for the scope of services to be performed. Dannenbaum Engineering Corporation is in compliance with the City's M/WBE Ordinance by committing to 24 percent M/WBE participation. The City's goal on this project is 22 percent. This project is located in COUNCIL DISTRICT 2, Mapsco 36C and 36G. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements 2008 Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: FROM Fund/AccountlCenters C204 531200 202230129430 Fernando Costa (8476) William Verkest (7801) $216,731.00 Logname: 20RAYWHITE_SHIVER TO NTP Page I of 2 Additional Information Contact: Wilma Smith (8785) ATTACHMENTS 1. Accounting Info.pdf (CFW Internal) 2. FAR Ray White Road -Street (3).pdf (CFW Internal) 3. MAP._20RAYWHITE SHIVERTONTP�df (Public) 4. MWBE Ray White RdD00001 (3).pdf (CFW Internal) Logname: 20RAYWHITE_SHIVER TO NTP Page 2 of 2