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HomeMy WebLinkAboutContract 40121·, CllY SECRETARY L..U"'\ CITY OF FORT WORTH, TEXAS CONTRACT NO. 4\J l d:-\ 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 RJN Group, Inc., (the "ENGINEER"), for a PROJECT generally described as: Clear Fork Drainage Basin -M-210 Sanitary Sewer. 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 Ill 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 good faith within 60 days of the amount due, the ENGINEER may, after giving City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6 .30.09 Page 1 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX --•• 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. 8. 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 Eng ineeri ng 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 the ir 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-s ite 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 requ ired 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 Agreemen t fo r Eng ineering Related Des ign Serv ices 6 .30.09 Page 3 of 15 • 'i 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/WBE) Participation In accord with City of Fort Worth Ord inance No . 15530, the City has goals for the participation of minority business enterprises and woman business City of Fort Worth , Texas Standard Agreement for Engineeri ng 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 exp iration of five (5) years afte r 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 Agree ment for Enginee rin g Related Design Serv ices 6.30 .09 Page 5 of 15 i 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, officers, 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 AM. 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 wa iver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense , City of Fort Worth. Texas Standard Agreement for Eng ineering Related Design Services 6 .30.09 Page 7 of 15 l to review the ENGINEER's insurance pol icies 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 . I. The CITY shall not be responsible for the d irect 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 Eng ineerin g Related Des ign Services 6 .30.09 Page 8 of 15 ' •• 0. 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. 8. 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: City of Fort Worth, Texas "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 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 Eng ineeri ng Related Des ign 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 personne l 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 wh ich 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 Re lated 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 misunderstand ing 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 . C ity of Fort Worth, Texas Standard Agreement for Engineering Related Design Servi ces 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 ct~+~ay of lf""': l , 2010. ATIEST: rn~~~ Marty Hendrix City Secretary ATIEST: City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6 .30.09 Page 15 of 15 CITY OF FORT WORTH By:>~~~ Fernando Costa Assistant City Manager S. Frank Crumb , P.E., Director Water Department RJN GROUP, INC. By : ~ M ,'ilk, Hugh.Kelso Regional Vice President Contrac t Authori zatioa tfl\3)10 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX .. ATTACHMENT "A" Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements CITY PROJECT NO . 01022 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The purpose of this project is to relocate Sanitary Sewer Main 210 from its current alignment through the Colonial County Club into City streets around the Country Club . The relocation of M-210 will allow for the abandonment of additional sewer mains constructed through the Country Club (M-180, M-64R, M-64, M-71 and M-72), completely eliminating public sewer lines from within the Colonial Country Club property. In addition, the relocation will provide additional capacity to the wastewater collection system south of the Trinity River and west of University Drive, thus reducing the occurrence of Sanitary Sewer Overflows (SSO 's)in this area . The project consists of the installation of approximately 7,700 linear feet of sewer line ranging from 30-inch to 48-inch , as well as approximately 950 linear feet of 12-inch sewer line to reroute the flow from M-37R into the new trunk main . Approximately 2,400 linear feet of small diameter force main will be installed within the Colonial Country Club grounds as a private service line to serve their existing facilities . The project includes a siphon crossing of the Trinity River and will require permitting and other coordination with all relevant Sate and Federal agencies. It is anticipated that the project will be divided into three phases for the purpose of bidding and construction . WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4 . Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey Services and Subsurface Utility Engineering Task 9. Permitting TASK 1. DESIGN MANAGEMENT ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources . ENGINEER will manage change , communicate effectively , coordinate internally and externally as needed , and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work . ATI ACHMENT 0 A' TO STANDARD AGRE EMEN T FOR ENGINEER ING RELATE D DES IGN SERVICES (R EV 11-1-09) PAG E 1 OF 15 1.1 . Managing the T earn • Lead , manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2 . Communications and Reporting • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope and understand CITY objectives • Develop a Quality Plan outlining QA/QC procedures for the project • Conduct and document review meetings with the CITY at the end of each design phase • Prepare invoices and submit monthly in the format requested by the CITY • Prepare and submit monthly progress reports in the format provided by the Water Department • Prepare and submit baseline Project Schedule initially , and Project Schedule updates with a schedule narrative monthly , as required in Attachment D to this Standard Agreement and according to the City of Fort Worth 's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure , and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities , ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs . ENGINEER shall work with regulatory authorities to obtain approval of the designs , and make changes necessary to meet their requirements , as part of the design scope . • Personnel and Vehicle Identification : When conducting s ite visits to the project location , the ENGINEER or any of its sub-consultants shall ca r ry readily visible information identifying the name of the company and the company representative . 1.3 Attend Quarterly SSOI Meetings ASSUMPTIONS • Reporting activities will only be provided during the design phase and is not included during construction phase periods. ATTACHMEN T 'A' TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 11-1-09) PAGE 2 OF 15 •• DELIVERABLES A. Meeting summaries with action items B . Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form G . Quality Plan TASK 2. CONCEPTUAL DESIGN (30 PERCENT) An alignment study and preliminary design was performed under a previous contract . The preliminary alignment study and conceptual design was based on existing maps and as- builts provided by the City . The conceptual design included in this phase will include the follow ing: ENGINEER will develop the conceptual design of the infrastructure as follows : 2 .1. The Final Conceptual Design Package Shall Include the Following : • Horizontal and vertical alignment of proposed public improvements including streets , street right-of-way , existing utilities gathered from as-builts and conceptual design survey . Sizing of sewer main sh al I be based on results of flow monitoring and hydraulic capacity analysis performed under separate cont ract. • Horizontal alignment of recommended private sewers within Country Club grounds . • Construction staging plan to accommodate Colonial Golf Tournament schedule . • Recommended geotech nical soil boring locations and any Level A or B SUE locations if needed. • Estimates of probable construction cost. 2 .2 Coordination/ Homeowners Meeting • Conduct special coordination meeting with staff of Colonial Country Club to describe project. • Perform a site visit with City and Colonial Country Club staff to walk selected route of new pr ivate sewers with the Country Club grounds . • Conduct meeting with Homeowner Associations for residents in vicinity of project. ATTACHMEN T "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DE SIG N SERVIC ES (REV 11 -1-09) PAGE 3 OF 15 ASSUMPTIONS • Two meetings with the City and Colonial Country Club staff. • One meeting to coord inate alignment of the proposed sewer and water improvements . • Consultant will provide Level C and D SUE information . City will provide any Level A or B SUE services if needed . • Two easements will be provided if needed . Billing to be per unit cost provided . • Five copies of the conceptual design pack age will be delivered . Drawings will be half size (11 " x 17"). DELIVERABLES A. Conceptual Design Package B. Location map for Level C SUE utility map. TASK 3. PRELIMINARY DESIGN (60 PERCENT) Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule . ENGINEER will develop the prel iminary design of the infrastructure as follows . It is assumed that the project shall be divided into three phases and one set of construction plans and specifications will be provided for each phase. • The design of the sewer main relocation will be coordinated with two water main replacement projects designed by the City and EJES . It is anticipated that the portion of the water line project located in Mockingbird Lane between Country Club Circle and Hartwood Drive will be provided to the ENGINEER to include with the construction documents for Part 3 of the sewer replacement project. It is assumed that the remainder of the water line replacement projects will be managed and bid by the City as a separate project. 3.1. Development of Preliminary Design Drawings and Speci fications shall include the following: • Cover Sheet. • A Project Control Sheet , showing all Control Points , used or set while gathering data . Generally on a scale of not less than 1 :400 . The following information shall be indicated for each Control Point: identification (existing City Monument #8901 , PK Nail , 5/8 " Iron Rod); X , Y and Z Coordinates in an identified coordinate system and a referred bearing base ; Z coordinate on City Datum only ; descriptive location (i.e . set in the centerline of the inlet in the South curb line of North Side Dr ive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall project easement layout sheet(s) with property owner information . AD ACHMENT 'A' TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 11 -1-09) PAGE 4 OF 15 •• • Overall project sanitary sewer layout sheets. The sewer layout sheet(s) shall identify (label) the proposed sewer main improvemenUexisting sewer mains and all sewer lines and appurtenances in the vicinity . • Overall sanitary sewer abandonment sheet. • Coordinates on all P.C.'s , P.T .'s, P.l .'s, manholes , etc ., in the same coordinate system, as the Control Points . • No less than two bench marks per 1,000 ft of plan/profile sheet. • Bearings given on all proposed centerlines , or baselines. • Station equations relating utilities to paving , when appropriate . • Plan and profile sheets which show the following : proposed sanitary sewer plan/profile with recommended pipe sizes and manholes locations , , existing utilities and utility easements , and all pertinent information needed to construct the project. Legal description (Lot Nos ., Block Nos ., and Addition Names) along with property ownership shall be provided on the plan view. Provide dimensions of street right-of-way with proposed sanitary sewer locations dimensioned from the right-of-way . • The ENGINEER shall make provisions for reconnecting all identifiable wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a sanitary sewer ma in or lateral is changed , provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main . • The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main : The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey , if a rod can be inserted through the cleanout to the bottom of the service line , the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey , the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE) investigation has been performed . The Level A SUE will be performed ; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design ; or (3) by the Contractor after the project has been bid , by means of a bid item to that effect. In all options , the ENGINEER shall propose appropriate de- hole locations in the project and collect flow line elevation and other applicable information of the sewer service line . The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated . • The ENGINEER will prepare standard and special detail sheets for sewer rehabilitation or replacement that are not already included in the D-Section of the City's specificat ions . These may include connection deta ils between various parts ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 11-1-09) PAGE 5 OF 15 •• of the project , tunneling details , boring and jacking details, details unique to the construction of the project , trench less details , and special service lateral reconnections . 3.2. Geotechnical Investigation • Soil investigations , including field and laboratory tests, borings , related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations , borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan . 3.3 Constructability Review • Prior to the 60 percent review meeting with the CITY , the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY 's comments from the field visit and submit this information to the CITY in writing with the 60% plans . 3.4 Public Meeting • After the preliminary plans have been reviewed and approved by the CITY , the ENGINEER shall prepare project exhibits , 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 . The ENGINEER shall provide the CITY with the data base listing the names and addresses of all residents and business es that are affected by the proposed project. 3 .5 Utility Clearance • The ENGINEER will consult with the CITY 's Transportation and Public Works Department , Water Department , and other CITY departments , public utilities , private utilities and government agencies to determine the approximate location of above and underground utilities and other facilit ies (current & future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities , and where known and possible consider potential future utilities in designs . • The ENGINEER shall deliver 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. 3.6 Traffic Control Plan • Develop a traffic control plan utilizing 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 . • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. ATIACHMEN T 'A' TO STANDARD AGREEMEN T FOR ENGINEERING RELATED DESIGN SERVICES (REV 11 -1-09) PAGE 6 OF 15 .. 3.7 Storm Water Pollution Prevention Plan • For projects that disturb an area greater than one ( 1) acre , ENGINEER will prepare the Storm Water Pollution Prevention Plan (S WPPP) required for the Project for use by the Contractor du ring 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 . ASSUMPTIONS • Fourteen (14) borings at an average bore depth of 15 .50 feet each will be provided . • Traffic Control "Typicals" will be utilized to the extent possible . It is assumed 6 additional project specific traffic control sheets will be developed for the area near the Colonial Country Club . • One (1) copy of the geotechnical report will be delivered to the CITY . • 10 full size (22 " x 34") plans will be delivered for Utility Clearance. • 2 sets of full size drawings will be delivered for Constructability Review . • 2 sets of full size drawings will be delivered for Preliminary Design. • 2 copies of the Storm Water Prevention Pollution Plan • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans . • (ENGINEER to provide estimated 60% sheet list (cover/index, general notes , control point location , easement layout , SUE plan sheets, no . of plan/profiles , special detail shts , etc.)] DELIVERABLES A. Preliminary Design drawings (4 sets) B . Utility Clearance drawings C . Estimates of probable construction cost including bid items and quantities using the CITY 's standard bid items and format. D. Public Meeting exhibits E . Traffic Control Plan(s) F. Storm Water Pollution Prevention Plan(s) G. Geotechnical report H. Data base listing names and addresses of residents and businesses affected by the project ATTACHM ENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERV ICES (REV 11-1 -09) PAGE 7 OF 15 .. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT) Upon approval of the Prelim inary plans , ENGINEER will prepare construction plans as follows 4 .1 Draft Final plans (90 %) and specifications shall be submitted to CITY per the approved Project Schedule . 4 .2 Following a 90% plan review meeting with the CITY , the ENGINEER shall subm it Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated , and signed by the ENGINEER registered in State of Texas , and shall include the Firm Name and Registration Number. 4 .3 The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages . This estimate shall use ONLY standard CITY bid items . 4.4 Meet with City and EJES staff to coordinate exact alignment of proposed sewer line and water line replacement. 4.5 Include City and EJES water line plans in Phase 3 construction plans . ASSUMPTIONS • 2 sets of full size drawings and 2 sets of specifications will be delivered for the 90 % Design package . • There will be only one review by City for each set of 90 percent construct ion plans and specifications . • 2 sets of full size drawings and 2 sets of specifications will be delivered for the 100% Design package . • [ENGINEER to provide estimated final sheet list (cover/index , general notes , control point location , easement layout , SUE plan sheets , no. of plan /profiles , special detail shts , etc.)] • The City will prov ide final stamped construction drawings , technical specifications , and special details for the portion of the water line replacement project to be included with Phase 3 of this project. DELIVERABLES A . 90% construction plans and specifications . B. 100% construction plans and specifications . C . Detailed estimates of probable construction costs includ ing summaries of bid items and quantities using the CITY 's standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials . ATT AC HMENT "A" TO STANDAR D AGR EEMENT FOR ENG INEER ING RELATED DESIGN SERVICES (R EV 11 -1-09) PAGE 8 OF 15 TASK 5. BID PHASE SERVICES ENGINEER will support the bid phase of the project as follows . 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders . Contract documents shall be uploaded in .pdf files and the plans in .pdf and .dwf files. • The ENGINEER shall sell contract documents and maintain a plan holders Ii st from documents sold and downloaded from Buzzsaw. • The ENGINEER shall log all significant bidders questions and requests and the response thereto . The ENGINEER will provide techn ical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests , in the form of addenda . The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders . • Attend the prebid cont erence in support of the CITY . • Assist the CITY in determining the qualifications and acceptability of prospective contractors , subcontractors, and suppliers . • When substitution prior to award of contracts is allowed in the contract documents , the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders . • Attend the bid opening in support of the CITY . • Tabulate and review all bids received for the construction project , assist the CITY in evaluating bids, and recommend award of the contract. • Incorporate all addenda into the contract docum ents and issue conformed sets . 5.2 Mylar Drawings • The ENGINEER shall submit a set of sealed mylar drawings (conformed if applicable) for record storage . • The Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF 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 , "_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 .pd f ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 11 -1-09) PAGE 9 OF 15 .. II. Water and Sewer file name example -"X-35667 _org36.pdf' where "X- 35667" is the assigned file number obtained from the CITY , "_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 and DWF files shall be submitted on one (1) Compact Disk , which will become property of and remain with the CITY . Floppy disks, zip disks, e-mail flash media will not be accepted. For information on the proper manner to submit files and to obtain a file number for the project , contact the 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 ass igned and are in the Department of Transportation and Public Works database . ASSUMPTIONS • Each phase of the project will be bid only once and awarded to one contractor. • 40 sets of construction documents will be sold to plan holders and/or given to plan viewing rooms. • One (1)_set of full size plans and specifications (conformed , if applicable) will be delivered to the CITY. • 1 copy full size (22 " x 34 ") mylar plans (conformed, if applicable) with a CD will be delivered to the CITY . DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed , if applicable) E. Conformed mylar plans with CD TASK 6. CONSTRUCTION PHASE SERVICES ENGINEER will support the construction phase of the project as follows . 6 .1 Construction Support • The ENGINEER shall attend the pre construction conference . ATIACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 11 -1-09) PAGE 10 OF 15 .. • After the pre-construction conference , the ENGINEER shall provide project exhibits 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 . • The ENGINEER shall review shop drawings , samples and other subm ittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction . Such review shall not relieve the Contractor from its responsibility for performance i n accordance w ith the contract for construction , nor is such rev iew a guarantee that the work covered by the shop drawings , samples and submittals is free of errors , inconsistencies or omissions. The ENGINEER shall log and track all shop drawings , samples and other subm ittals . • As requested by the CITY , the ENGINEER shall provide necessary interpretations and clarifications of contract documents , review change orders , and make recommendations as to the acceptability of the work. • The ENGINEER shall attend the "Final " project walk through and assist with preparation of final punch list. ASSUMPTIONS • No additional fee is allowed for answering RFl's . • Six (6) submittal reviews are assumed . (2 per construction contract) DELIVERABLES A. Public meeting exhibits B . Response to Contractor's Request for Information C . Review of shop drawings TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below , per scoping direction and guidance from the CITY 's Project Manager. 7 .1 ROW/Property Owner Research • Determine limits of existing ROW within project limits . • Develop list of property owners within project limits . 72 . Temporary Right-of-Entry (TRE) Preparation and Submittal • Prior to construction , the ENGINEER shall prepare , mail and obtain Temporary Right of Entries from landowners . It is assumed that TR E's will only be required for construction in City owned park land and on the Colonial Country Club property. ATT ACHMENT "A" TO STAND ARD AGREEMENT FOR ENGINEER ING RELATED DESIGN SERVI CE S (REV 11 -1-09) PAGE 11 OF 15 • The documentation shall be provided in conformance with the checklists and templates available on the CITY 's Buzzsaw s ite . ASSUMPTIONS • Right-of-Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e . iron rods , fences , stakes , etc .). It does not include effort for chain of title research , parent track research , additional research for easements not included in the TAD , right-of-way tak ings , easement vacations and abandonments , right-of-way vacat ions , and street closures . • Easement preparation for two (2) parcels is included on an as needed basis , to be billed as provided . • A total of two (2) rights-of-entry is included . DELIVERABLES A. Temporary Right-of-Entry letters TASK 8. SURVEY SERVICES AND SUBUTILITY ENGINEERING. ENGINEER will provide survey support as follows . 8.1 Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical data 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 , trees (measure caliper , identify overall canopy , and have qualified arborist identify species of trees), and other features relevant to the final plan sheets . • The minimum survey information to be provided on the plans shall include the following : - A Project Control Sheet , showing ALL Control Points, used or set while gathering data . Generally on a scale of not less than 1 :400: -The following information about each Control Point ; a . Identification (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). ATIAC HMENT 'A' TO STANDARD AGREEMENT FOR ENG INEERING RELATED DESIGN SERVICES (R EV 11 -1-09) PAGE 12 OF 15 .. 8.2 . Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level as described below . The SUE shall be performed in accordance with CI/ASCE 38 -02 . Quality Level D • Conduct appropriate investigations ( e .g ., owner records , County/CITY records , personal interviews, visual inspections , etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g ., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data , oral histories , etc .) on the existence and approximate location of existing involved utilities . • Review records for: evidence or indication of additional available records ; duplicate or conflicting information ; need for clarification . • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required . Exercise professional judgment to resolve conflicting information. For information depicted , indicate : utility type and ownership ; date of depiction ; quality level(s); end points of any utility data ; line status (e .g., active , abandoned , out of service); line size and condition ; number of jointly buried cables ; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features , from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground-mounted utility facilities in Quality Level C tasks . • Survey surface features of subsurface utility facilities or systems. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults ; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities , furnished by utility owners for design purposes . • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files , and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners , etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets . 8.3 Construction Survey The Construction Survey will be performed by the CITY . • Be available to the CITY on matters concerning the layout of the project during its construction ATI ACHMENT "A" TO STANDARD AGR EEME NT FOR ENGINEER IN G RELATED DESIGN SER VICES (R EV 11-1-09) PAGE 13 OF 15 •• ASSUMPTIONS • Level A and B SUE services are not included . • Construction survey will be performed by CITY . DELIVERABLES A. None. TASK 9. PERMITTING . ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type , as follows 9.1. Environmental Services • Assist with negotiating and coordinating to obtain a ppr oval of the agency issuing the agreement and/o r permits. • Completing all forms/applications necessary . • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests 9.2. Floodplain Services if Required • Assist in negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits . • Completing all forms/applications necessary . • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design . • Four (4) meetings are assumed with COE and TCWD for the river cross ing permit. • TxDOT and Railroad perm its are not anticipated or included . • TDLR services are not included. DELIVERABLES A. Forms/Applications for permits necessary to construct the project. ATIACHMENT 'A' TO STANDARD AGREEMENT FOR ENGINEER ING RELATED DESIGN SERVICES (REV 11 -1-09) PAGE 14 OF 15 .. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services -CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above . However, ENGINEER can provide these services , if needed, upon the CITY 's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed . These additional services include the following : • Negotiation of easements or property acquisition . • Services related to development of the CITY 's project financing and/or budget. • Services related to disputes over pre-qualification , bid protests , bid rejection and re -bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty test i ng services . • Services necessary due to the default of the Contractor. • Serv ices related to damages caused by fire , flood , earthquake or other acts of God . • Services related to warranty claims , enforcement and inspection after final completion . • Services to support, prepare , document, bring , defend , or assist in litigation undertaken or defended by the CITY . • Performance of miscellaneous and supplemental services related to the project as requested by the CITY . • Level A and B SUE services ATI ACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 11 -1-09) PAGE 15 OF 15 .. ATTACHMENT "B" COMPENSATION AND PAYMENT SCHEDULE Engineering Design Services Associated with Sanitary Sewer and Water Replacement CLEAR FORK DRAINAGE BASIN -M-210 SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 01022 I. Compensation A. The Engineer shall be compensated a total lump sum fee of $432,396. Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" for all labor, materials , materials, supplies, and equipment necessary to complete the project. B . The Engineer shall be paid monthly as described in Exhibit "B-1", Section 1-Method of Payment. C. 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 Final Plans and Contract Documents for bid advertisement shall be submitted within 277 work days (Does not include City review time.) after the "Notice to Proceed" letter is issued. A . Conceptual Engineering Plans -45 work days B. Preliminary Engineering Plans and Contract Documents -180 work days C. Final Engineering Plans and Contract Documents -30 work days D. Final Plans and Contract Documents for Bid Advertisement -22 work days B-1 .. EXHIBIT "B-1" METHOD OF PAYMENT (SUPPLEMENT TO ATTACHMENT "B") Engineering Design Services Associated with Sanitary Sewer and Water Replacement CLEAR FORK DRAINAGE BASIN-M-210 SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 01022 I. Method of Payment The ENGINEER shall be paid monthly upon receipt of an invoice on the basis of statements prepared from the books and records of account of the ENGINEER , based on the ENGINEER 's estimate of percentage of completion of the project. Payment according to statements will be subject to certification by the Director of the Water Department or his authorized representative that such work has been performed . The aggregate of such monthly partial fee payments shall not exceed the follow ing : Until satisfactory completion of Attachment "A ", Conceptual Engineering Plans submittal and approval by the City, a sum not to exceed 30 percent of the maximum fee. Until satisfactory completion of Attachment "A", Preliminary Construction Plans submittal , a sum not to exceed 60 percent of the maximum fee, less previous payments . Until satisfactory completion of Attachment "A ", Final Construction Plans submittal and approval by the City, a sum not to exceed 90 percent of the maximum fee , less previous payments. The balance of the earnings , less previous payments , shall be payable after the Pre- construction meetings for the Project has been conducted . Note : If the ENGINEER determines in the course of making design drawings and specifications that the opinion of probable construction cost of $5 ,813 ,527.50 (as estimated in Exhibit "B-4") will be exceeded, whether by change in the scope of the project, increased cost or other conditions , the ENGINEER shall immediately report such fact to the City 's Water Department and, if so instructed by the Director of the Water Department shall suspend all work hereunder. EB1-1 ., EXHIBIT "B-2" HOURLY RATE SCHEDULE (SUPPLEMENT TO ATTACHMENT 'B') Engineering Design Services Associated with Sanitary Sewer and Water Replacement CLEAR FORK DRAINAGE BASIN-M-210 SANITARY SEWER IMPROVEMENTS CITY PROJECT NO . 01022 Employee Classification Project Director Project Manager Project Engineer CAD Des igner Draftsman Clerical Reimbursables Rate/Hour $200 $165 $100 $80 $70 $65 Cost + 10% R eproduction work will be at current commercial rates . Subcontractors will be paid for at actual invo ice cost p lus ten percent (I 0%) EB2-1 .. ATTACHMENT "8-3" (SUPPLEMENT TO ATTACHMENT '8') FEE SUMMARY (Based on Percentage of Construction Cost) CLEAR FORK DRAINAGE BASIN -M-210 SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 01022 SANITARY SEWER DESIGN Engineer's Opinion of Probable Construction Cost = BASIC SERVICES Concept and Design (Through Final) Const ruction $ 5,813 ,527 .50 SUB-TOTAL BASIC SERVICES SPECIAL SERVICES Topographic Surveys (11 ,052 L.F . at $5 .01 per foot) Geotechnical Survey (415 V.F . at $61 .93 per vertical foot) Printing SUBTOTAL SPECIAL SERVICES Total Sanitary Sewer Design Fee = M/WBE PARTICIPATION SUMMARY Exhibit Scope of Services Fee M/WBE A-1 Sanitary Sewer Design , Survey , and Printing $432 ,396.00 $93 ,816 GRAND TOTAL $432,396.00 $93,816 Proposed M/WBE Subconsultants Services Fees Gorrondona & Associates Topographic Surveys $56 ,975 Addula Consult ing Engineers Geotechnical Service $25 ,701 L.A. Blueline Reproduction $11 ,140 TOTAL $93,816 B-3-1 $322 ,380 .00 $16 ,200 .00 $338 ,580 .00 $56 ,975 .00 $25 ,701 .00 $11 ,140 .00 $93 ,816 .00 $432 ,396.00 % 21 .70 % 21 .70 % % of Total Fee 13.18 % 5 .94 % 2.57 % 21 .70% .. EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES Engineering Design Services Associated with Sanitary Sewer and Water Replacement CLEAR FORK DRAINAGE BASIN-M-210 SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 01022 Consulting Firm Prime Consultant RJN Group, Inc . M/WBE Consultants Gorrondona & Associates , Inc . LA Blueline Addula Consulting Engineers Non-M/WBE Consultants NIA Total Fee Amount Prime Responsibility Engineering & Project Management Survey/Easements Reproduction Geotechnica l Survey N/A Project Description Engineering Services Scope of Service Sewer Replacements Total Fee $ 432 ,396.00 City's MWBE goal for this Project = 20% EB-3A Fee Amount $ 338 ,580 .00 $ 56 ,975 .00 $ 11 ,140 .00 $ 25 ,701.00 $ $ 432 ,396 .00 M/WBE Fee $ 93 ,816.00 78 .30 % 13 .18% 2 .58 % 5 .94 % 0% 100 .00% 21 .70 % EXHIBIT "B-38" (SUPPLEMENT TO ATTACHMENT B) TOTAL FEE SUMMARY DESIGN FEE BREAKDOWN Engineering Design Services Associated with Sanitary Sewer and Water Replacement CLEAR FORK DRAINAGE BASIN -M-210 SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 01022 SUMMARY OF TOTAL FEE Service Description Engineering and Additional Services Surveying Fee Total BREAKDOWN OF SEVVER AND WATER FEES (Less Survey Fees) $ $ $ Sewer Total 375 ,421 .00 $ 375,421 .00 56 ,975.00 $ 56 ,975 .00 432 ,396 .00 $ 432 ,396 .00 1. Total Sewer Fee (less Survey Fees) Breakdown by Concept, Prelim inary and Final Design a . Concept (30%) = (Total Sewer Fee -Survey Fees)= $ 112 ,626 .00 b. Preliminary (60%) = (Total Sewer Fee -Survey Fees) = $ 225 ,253 .00 c. Final (10%) = (Total Sewer Fee -Survey Fees) = $ 37 ,542 .00 $ 375,421 .00 EB-3B .. EXHIBIT "B-3C" (SUPPLEMENT TO ATTACHMENT B) PROFESSIONAL SERVICES FEE SUMMARY Engineering Design Services Associated with Sanitary Sewer and Water Replacement CLEAR FORK DRAINAGE BASIN -M-210 SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 01022 WATER AND SEWER ENGINEERING DESIGN SURVEY DESIGN GEOTECHNICAL SURVEY (415 VF OF BORING)* REPRODUCTION* ADDITIONAL SERVICES TOT AL FEE BREAKDOWN SEWER DESIGN FEE Note : *= MWBE participation GRAND TOTAL EB-3C $288 ,055 .00 $ 56 ,975 .00 $ 25 ,701.00 $11 ,140 .00 $ 50 ,525 .00 $432,396.00 .. .. .. (--------------------------------------] Task No . Task Description (---------------------------------------------------1 Basin Design Services Task 1 Design Management EXHIBIT B-3D Fort Worth Water Department M-210 Sanitary Sewer Main Relief Design CITY PROJECT NO . 01022 Start Date : May 2010 Completion Date : October 2011 [-----------------------------Rates• [-------------------------------------- PD PM PE CT OT/CL (------------------------------------------------- ----] (------------------- ---] Total Labor Hours Cost ---] (------------------------ -'Totals•-------------] Direct Total Costs Cost -------------------------------] [-----] Task % Total (--------] 1.1 Project T earn Management 2 28 8 0 4 42 $6.080 $125 $6 ,205 1.4 % .. 1.2 ............. Communications/ReportinQ .................................................................. 4 ................. 36 ............. . 28 0 6 74 $9 ,930 $250 $10,180 2.4 % Subtotal -Desi n Mana ement 6 64 36 0 10 116 $16,010 $375 $16 ,385 3 .8 % Task 2 Conceptual Design (30 percent) O $0 $0 $0 0 .0% . 2 .1 .............. Final .Conceptual . Design. Package .................................................. 8 ................. 16 ............... 32 ................. 32 ................. o ........................... 88 .................. $9,840 .......................... $0 ................ $9 ,840 .......... 2.3%. Subtotal -Concept. Design 8 16 32 32 O 88 $9 ,840 $0 $9 ,840 2.3% Task 3 Preliminary Design (60 percent) 3 .1 Preliminary Design 14 0 4 0 148 402 820 8 1392 $129,440 $1,000 $130,440 30 .2% 1.0% 0 .6% 0 .7% 3 .2 Geotechnical Investigation Coordination/ Analysi, 12 20 2 0 34 $4 ,130 $0 $4 ,130 3 .3 Constructability Review 8 4 0 2 18 $2 ,650 $0 $2 ,650 . 3 .5 ............ Utility Clearance ............................... . ................... 6 . 1}. . ........... 11 ............. 2.... 28 $2 ,920 $0 ... g9?C>. 174 438 830 12 .... 1472 .... $i30:i40 ${000 $140,140 Subtotal -Preliminary Design Task 4 Final Design (90 & 100%) 4 .1 Draft Final Plans 90% 4 .2 Final Plans 100% 4 .3 Construction Cost Estimates Subtotal -Fina l Design Task 5 Bid Phase Services 5 .1 Bid Support (3 projects) .. 5.:.2. ............. Mylar. Drawings ........... .. Subtotal -Bid Phase Task 6 Construction Phase Services 18 8 68 130 280 40 4 28 40 120 8 2 10 40 10 4 14 106 ····210········· .. 410 .......... 52 48 6 54 36 0 36 24 12 36 526 200 66 ··192········· ... 126 18 144 32.4% $49,420 $500 $49 ,920 11 .5% $18,940 $0 $18 ,940 4.4 % $7 ,060 $0 $7 ,060 1.6% $75 ,420 $500 $75,920 17 .6% $15 ,300 $1 ,890 $17,190 $0 $0 $0 $15 ,300 3 .5% $1 ,890 ........ 0.4 % $17 190 4 .0% .6 .1 .............. Construction. Support.{3 .projects) .......................................... . 6 6 ..... 54 48 ............. 1.2 6 ..................... 1.2..~ $16,200 $0 $0 $16,200 ........ 3.7%. Subtotal -Construction Phase Services 54 48 12 6 126 $16 200 Task 7 ROW/Easement Services 7 .2 !~IT.'J>.Clrt'lry l3i9tit.:2f.:E:n.try .. .. . .... ···································· 0 <I . 6 .. Subtotal -ROW/Easment Services O 4 6 Task 8 Survey Services and Subutility Engineering 4 .............. 2 .......................... 16 .. . 4 2 16 $1 ,690 $1 690 $0 $0 $16 200 3 .7% $1 ,690 ....... 0 .4%_ $1 690 0.4 % 8 .1 Design Survey Coordination 4 8 16 24 0 52 $5,520 $0 $5,520 1.3% .8 .2 ............. Subsurface .Utility .. En~ineerina ........................................................... o ................. 16 ................. 24 .................... o .. Subtotal -Survey Services and Subutilty Engineerin g 4 24 40 24 Subtotal -Basin Design Services 62 496 Special SERVICES 1.2 Monthly Progress Reports 24 1.3 Quarter1y SSOI Meetings 24 2 .2 Meetings with Colonial Golf Course 2 16 2 .2 Homeowners Meetings 3 3 3 .2 Geotechnical Survey 3 .4 Public Meetings (3 packages) 8 3.6 Traffic Control Plans (3 Packages) 4 24 3.7 SWPPP (3 packages) 1 8 4.4 Coordination with DOE & EJES 2 2 4 .5 Inclusion of DOE & EJES Plans 8 8 .1 Topographical Survey 846 12 12 8 8 40 20 4 1348 0 4 4 2 80 32 6 2 42 $5 ,170 $0 $5 ,170 1.2% 2 94 $10,690 $0 $10,690.00 2 .5% 96 0 12 4 8 2848 36 36 30 10 0 18 160 65 8 22 0 $286,180 $1 ,875 $288,055 66 .6% $5 ,160 $0 $5,160 1.2% $5 ,160 $0 $5,160 1.2% $4 ,140 $0 $4 ,140 1.0% $1 ,395 $0 $1 ,395 0 .3% $0 $25 ,7 01 $25 ,701 5 .9% $2 ,270 $0 $2,270 0 .5% $15 ,540 $0 $15,540 3 .6% $6 ,180 $0 $6 ,180 1.4 % $1,130 $0 $1 ,130 0 .3% $2 ,290 $0 $2 ,290 0 .5% $0 $56 ,975 $56,975 13 .2% 9 .1 Coordination with TWRD and COE 4 16 24 12 8 64 $7 ,2 60 $0 $7 ,260 1.7% ....................... Printin9(lf. Req_uired). ........................................................................................................ . Subtotal -Special Services 16 133 0 1··2s········· .. · 140····· ·· .. · 32 · ··· ······ ........... 44·9 $0 $11,140 $50,525 $93,816 $11 ,140 2.6% $144 ,341 33.4 % Grand Total 78 629 974 1488 128 3297 $336 705 .00 $95 691 .00 $432 396.00 100 0% • EXHIBIT "B-4" (SUPPLEMENT TO ATTACHMENT B) OPINION OF PROBABLE CONSTRUCTION COSTS -PROJECT SUMMARY CLEAR FORK DRAINAGE BASIN -M-210 SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 01022 SEWER IMPROVEMENTS PROJECT TOTAL $5,813 ,527.50 EB-4 PERCENT COST 100% .. EXH IBIT "B-4-A" (Supp lement to Atta ch me nt B) O pi nion o f Probab le Constru ction Costs -Sewer Clear Fork Drai nage Basi n -M-210 San itary Sewer Improvements CI TY PROJ ECT NO . 0 1022 Descript ion Q uant ity Main Trunk Sewer Line 48" Dia. Casing Pipe by Other Than Open Cut 250 42" Dia . Pipe Sewer 2,150 36" Dia. Pipe Sewer 900 36" Dia. Sewer by Other Than Open Cut 2 ,655 30" Dia. Pipe Sewer 975 26" Dia. D.I . Pipe Sewer Siphon 335 21" Dia . Pipe Sewer 130 16" Dia. D.I . Pipe Sewer Siphon 335 12" Dia . Pipe Sewer 940 6.0' Dia . Drop MH , 0'-6' Deep 6 6 .0' Dia . Drop MH, Extra Depth 70 6 .0' Dia . MH, 0'-6' Deep 20 6 .0' Dia. MH , Extra Depth 330 5 .0' Dia . MH , 0'-6' Deep 5 5 .0' Dia . MH , Extra Depth 40 4 .0' Dia . MH , 0'-6' Deep 3 4 .0' Dia . MH , Extra Depth 15 Sewer Siphon Junction Box 2 Concrete Encasement 100 Pavement Removal & Replacement 9 ,000 Curb & Gutter 3 ,800 Seedin g/Sodding 1,500 Traffic Control Plan 1 SWPPP Trench Safety Subtota l Fo rce Mains on Golf Course 2" PVC Force Main 2400 Golf Course Surface Restoration 2500 6" PVC Lateral to Public Main 100 Duplex Grinder Pumps 2 Abandonment and Fill of Existing 21" Sewer 17 ,000 Subtotal Total Project Cost Unit LF LF LF LF LF LF LF LF LF EA VF EA VF EA VF EA VF EA LF SY LF SY LS LS LS LF LF LF EA LF Unit Price ($) 900 .00 350 .00 325 .00 800 .00 275 .00 250 .00 200.00 160 .00 120 .00 5,500 .00 450 .00 5,000 .00 400.00 4 ,000 .00 300 .00 3,000 .00 250 .00 25 ,000 .00 40 .00 40 .00 30 .00 3 .00 20 ,000 .00 10,000 .00 10 ,000 .00 Subtotal 10% Contingency Total 20 .00 30 .00 50 .00 25 ,000.00 15 .00 10 % Contingency Total Est imated Cost ($) 225 ,000 .00 752 ,500 .00 292 ,500 .00 2 ,124 ,000.00 268 ,125 .00 83 ,750 .00 2 6 ,000 .00 53 ,600.00 112 ,800 .00 33 ,000.00 31 ,500.00 100 ,000.00 132 ,000 .00 20 ,000 .00 12 ,000 .00 9,000 .00 3 ,750 .00 50 ,000 .00 4 ,000 .00 360 ,000 .00 114 ,000 .00 4,500 .00 20 ,000 .00 10 ,000 .00 10 ,000.00 4,852,025.00 485 ,202 .50 5,337,227 .50 48 ,000.00 75 ,000 .00 5,000 .00 50 ,000.00 255 ,000 .00 433,000.00 43,300 .00 476,300.00 5,813,527.50 1/1 1/2 0 10 ,. ATTACHMENT "C" AMMENDMENTS TO STANDARD CONTRACT AND GENERAL SCOPE OF SERVICES Engineering Design Services Associated with Sanitary Sewer and Water Replacement CLEAR FORK DRAINAGE BASIN -M-210 SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 01022 1. None . C-1 Activity Name Start Date Finish Date F M 1 Notice to Proceed 3/1/10 <~ 2 Conceptual 3/8/10 3/19/10 k:X> Topographical Survey 3 Conceptual Design 3/8/10 4/30/10 Ka 4 Topographical Survey 5/3/10 6/28/10 5 Geotechnical Survey 5/3/10 7 /9/10 6 Preliminary Design 7/1/10 12/1/10 7 City Review 12/2/10 1 /5/11 8 COE/TWDB Permits 3/22/10 12/1/10 9 Final Plans 1/10/11 1/31/11 10 Phase I Bidding/Award 2/17 /11 6/7/11 11 Phase I Construction 7/1/11 12/16/11 12 Phase II Bidding/Award 5/19/11 9/6/11 13 Phase II Construction 10/3/11 4/15/12 14 Phase Ill Bidding/Award 4/5/12 8/14/12 15 Phase Ill Construction 10/1 /12 3/20/13 F M ATTACHMENT "D" Engineering Design Services Associated with Sanitary Sewer and Water Line Replacement Clear Fork Drainage Basin M-210 Sanitary Sewer Improvements CITY PROJECT NO . 01022 2010 2011 A M J J A s 0 N D J F M A M J J A s 0 N ---= I ;aat> la. A M J J A s 0 N I D J F M A M J J A s 0 N 2012 2013 D J F M A M J J A s 0 N D J F M D J F M A M J J A s 0 N D J F M Task Description Notice to Proceed Conceptual Survey Conceptual Design Survey Geotechnial Survey Preliminary Design City Review COE/TWDB Permits Final Plans Phase I Bidding/Award Phase I Construction Phase II Bidding/Award Phase II Construction Phase Ill Bidding/Award Phase Ill Construction EXHIBIT "D-1" SUPPLEMENT TO ATTACHMENT "D" Engineering Design Services Associated with Sanitary Sewer and Water Replacement CLEAR FORK DRAINAGE BASIN -M-210 SANITARY SEWER IMPROVEMENTS CITY PROJECT NO. 01022 Projected Projected Start Finish Duration Start Finish 3/1/2010 3/1/2010 O days 3/8/2010 3/19/2010 11 3/8/2010 4/30/2010 53 5/3/2010 6/28/2010 56 5/3/2010 7/9/2010 67 7/1/2010 12/1/2010 120 12/2/2010 1/7/2011 35 3/22/2010 12/1/2010 254 1/10/2011 1/31/2011 21 2/17/2011 6/7/2011 110 7/1/2011 12/15/2011 167 5/19/2011 9/6/2011 110 10/3/2011 4/15/2012 195 4/5/2012 9/18/2012 166 10/1/2012 3/20/2013 170 ED-1 Duration . - __ ___ ,` � �� , �. �.., � ��^;� �=s _ . � .�- � �,��;�' -'� � � - � �; . _ . . 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I... ����. . °, �� .r � ,. ��.,,�r � ....�.�• Private Force Mains � Existin Manholes �* ,: �. � �; �� rr _.�.��,,.�l�„� .. .. � �,�, y , � i, l. ,vj �� Clear Fork M-210 Drainage Basin 9 r�n . __ - _ . . p = ._ � _ _ y ,� '� , � � �` , .� i ;} $'-.�..�j, — � - ` ,�� ��, ' � ,P" � d �� <s��"` , �� .�;�� '� ] , � ��' ' { �' - _ ,�� ¢ Private Gravity Mains , . • , ;- � Excellence through Owne-s :� > . `: ` -. �,�. � ._ . N� ' 1 .. �-_. . � ' � . . : r � �, . , o;. .: ti •Y,�> I� .a.�b .� '� �� �., i�'.� � - � i' � It^ � _ • � � � � ' `' � �'. y � ; � ' �i . .. , . ._ . � . .. . _ ' .._�.. . �i�. � ' ... _.— - -�-� �'• M�C Rwview CITY COUNCIL AGENDA Page 1 of 2 Gfi iciai site ai� the City of For� `lil��r'�i�, Te;ra : �ORT �'�'URTI1 �� COUNCIL ACTION: Approved on 4/13/2010 DATE: 4/13/2010 REFERENCE NO.: **C-24176 LOG NAME: 60M210RJN CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize the Execution of an Engineering Agreement in the Amount of $432,396.00 with RJN Group, Inc., for the Design of the Clear Fork Drainage Basin — M-210 Sanitary Sewer Improvements in Mockingbird Lane, Country Club Circle, Colonial Parkway and Rogers Road (COUNCIL DISTRICTS 3 and 9) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Agreement in the amount of $432,396.00 with RJN Group, Inc., for the design of the Clear Fork Drainage Basin — M-210 Sanitary Sewer improvements in Mockingbird Lane, Country Club Circle, Colonial Parkway and Rogers Road. DISCUSSION: On July 8, 2008, (M&C C-22911) the City Council authorized an engineering agreement with RJN Group, Inc., for the rerouting of sewer main M-210 from Mockingbird Lane to the Clear Fork Relief Sewer. The initial alignment study performed as part of this agreement determined that the desired realignment route was not feasible due to insufficient grade. Consequently, staff directed RJN Group, Inc., to utilize the original agreement to conduct a comprehensive alignment study, including flow monitoring. The alignment study has been completed and a new engineering agreement is necessary to perform the detailed design for the selected route. The original agreement provided only for the relocation of M-210 out of the Colonial County Club grounds. The new alignment provides for relocating M-210 into Mockingbird Lane, Country Club Circle, Colonial Parkway and Rogers Road. The proposed alignment will allow for the elimination of all public sewer lines from within the Colonial Country Club grounds, including M-210, M-180, M-64, M-71 and M-72. In addition, overall capacity of the system will be increased based on the results of the flow monitoring to accomplish the initial goal of eliminating sanitary sewer overflows in the Colonial Country Club. RJN Group, Inc., proposes to provide ihe necessary engineering services for a lump sum fee of $432,396.00. City staff considers this fee to be fair and reasonable for the scope of services provided. In addition to the Contract amount $30,000.00 is required for project management, utility coordination and real property acquisition. RJN Group, Inc., is in compliance with the City's M/WBE Ordinance by committing to 22 percent M/VVBE participation. The City's goal on this project is 20 percent. The project is located in COUNCIL DISTRICTS 3 and 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. http://apps.cfwnet.org/council�acket/mc review.asp?ID=13120&councildate=4/13/2010 4/14/2010 M&C Review TO Fund/Account/Centers Submitted for Citv Manaper's Office bv: Oriqinatina D�p,artment Head: Additional Information Contact: ATTACHMENTS 60M210RJN map•pdf FROM Fund/Account/Centers_ P275 531200 703170102231 $112.626.00 P275 531200 703170102232 $225,253.00 P275 531200 703170102233 $37,542.00 P275 531200 703170102251 $56,975.00 Fernando Costa (6122) S. Frank Crumb (8207) David Cooper (8252) Page 2 of 2 http://apps.cfwnet.org/council�acket/mc_review.asp?ID=13120&councildate=4/13/2010 4/14/2010