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HomeMy WebLinkAboutContract 29013 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SER)fflr?%ECRETARY CONTRACT NO. This AGREEMENT is between the City of Fort Worth (the "CITY"), and DeOtte, Inc. Civil Engineering, (the "ENGINEER"), for a PROJECT generally described as:Walsh Ranch Sewer Main Extension, Phase 1 C. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. t� 1 MOB ORIGINAL MWV11 OVY Rt?^ 811 q !� 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 fumishing 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 fumished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein_ ENGINEERING CONTRACT Page 2 of 14 E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality ENGINEERING CONTRACT Page 3 of 14 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 Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts, Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and 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 ENGINEERING CONTRACT Page 4 of 14 and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3)hereof. CITY shall give sub-consultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease- policy limit $100,000 disease-each employee Professional Liability $1,000,000 each claim/annual aggregate ENGINEERING CONTRACT Page 5 of 14 (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the CITY in its sole discretion; and, in lieu of traditional insurance, any altemative coverage maintained through insurance pools or dsk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. ENGINEERING CONTRACT Page 6 of 14 (j) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided the ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (1) All insurance required in section K, except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When subconsultants maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. ENGINEERING CONTRACT Page 7 of 14 O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services and will provide labor and safety equipment as required by the ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other ENGINEERING CONTRACT Page 8 of 14 consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess or collect any tax to fund this indemnification. (2) The indemnification and 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 such hazardous substance, contaminant or asbestos is brought onto the PROJECT by ENGINEER. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article N.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, uppliers:"Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." ENGINEERING CONTRACT Page 9 of 14 (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. 1. 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. Article Vt 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. ENGINEERING CONTRACT Page 10 of 14 B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The final designs, drawings, specifications and documents shall be owned by the CITY. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time the CITY'S termination for convenience so that the work effort is suitable for long time storage. (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. ENGINEERING CONTRACT Page 11 of 14 F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than ENGINEERING CONTRACT Page 12 of 14 $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ENGINEERING CONTRACT Page 13 of 14 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties_ The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed this the,,4, `day of � , 2003. `J ATTEST: CIY OF RT WORTH Gloria Pearson Marc. A. Ott City Secretary Assistant�c Manager (2— APPROVAL RECOMMENDED contract AUthorization L_!il I L — A. Douglas Rademaker, P.E. n$xo, Director, Engineering Department APPROVED AS TO FORM AND LEGALITY Assistanilhy Attorney DeOTTF, INC: CIVII FNGINFFRING ENGINEER ATTEST: By: r Jame E. DeOtte, P.E., R.P.L.S. Vice_Psident yr WALSH-DEO7TE ll��r C7[u�� r ENGINEERING CONTRACT Page 14 of 14 � `a ��f� ' �� � ATTACHMENT "A" General ape 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." GFNFRAIL 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 Engineers duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechnical Investigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the -1- permitting authority. If such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the Department of Engineering and shall become the property of the City. City may use such drawings in any manner it desires; provided, however that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. PHASE 1 7) Right-of-Way, Easement and Land Acquisition Needs The Engineer shall determine the rights-of-way, easement needs for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights-of-way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights-of-way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four(4) copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility liens or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. -2- 10) Conceptual Plans The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross-sections, profiles, drainage calculations, and preliminary estimates of probable construction cost_ 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's {project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall cornply 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. -3- PHASE 4 16) Final Approved Construction Plans The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans and contract specifications. The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contracts, and constructing the project. 17) Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitu- tion 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 perfonned 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. -4- 23) Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill test reports on materials and equipment_ 24) Instructions to Contractor The Engineer shall provide necessary interpretations and clarifications of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 25) Differing Site Conditions The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered. 26) Record Drawings The Engineer shall prepare record drawings from information submitted by the contractor. -5- EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") DESIGN SERVICES: SEWER MAIN PHASE IC TO SERVE WALSH RANCH The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes engineering services for sanitary sewer improvements for the following: SANITARY SEWER MAIN TO SERVE THE WALSH RANCH DOE No. 4160 SEWER PROJECT No. PS46-070460140300 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, four (4) meetings are anticipated. These include the following: One (1) pre-design kick-off meeting, (including the CITY's Department of Engineering and other departments that are impacted by the project). Informational meeting with representatives from the two neighborhoods adjacent to the property. Informational meeting with the owners of the property which the Phase 1 C sanitary sewer main will cross (i.e. Branch and Bass tracts) One (1) review meeting at completion of the City's review of the Route Study. Exhibit A-1 Page 1 b. Data Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, property ownership as available from the Tax Assessor's office. C. Coordination with Other Agencies During the Route Study 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 Route Study. The ENGINEER shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines within the project limits. ENGINEER shall complete all forms necessary for City to obtain permit letters from TxDOT and railroads and submit such forms to the City. City shall be responsible for forwarding the forms to the affected agencies for execution. 2. Monthly Progress Report and Status Meetings a. The ENGINEER shall submit a progress schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress report as required under Attachment B of the contract. b. The ENGINEER shall attend monthly progress meetings which will also be attended by representatives from the City and the design consultants working on other phases of the project. Eighteen (18) of these meetings are anticipated. PART B -CONSTRUCTION PLANS AND SPECIFICATIONS 1. Route Study a. The ENGINEER will meet with the affected parties as outlined in Part A above to gather information pertinent to the alignment of the proposed sanitary sewer Exhibit A-1 Page 2 improvements. b. ENGINEER will perform line sizing calculations for the proposed sanitary sewer lines and submit a brief report with the Route Study for approval by the City. c. ENGINEER will analyze alternatives for the sanitary sewer routing. Viable alternatives will be depicted in exhibits and included in the Route Study. The vertical profile will be considered in the Route Study. The scale for the exhibits will be 1"=200' with areas of interest enlarged as needed. The ENGINEER shall submit four (4) copies of the Route Study which includes layouts, preliminary easement needs and cost estimates for the ENGINEERS recommended alignment. The ENGINEER shall also evaluate the phasing of the sanitary sewer work, and shall submit such evaluation in writing to the City as part of the Concept Phase of the project. All design shall be in conformance with Fort Worth Water Department policy and procedure for processing water and sewer design. ENGINEER shall review the City's water and sewer master plan and provide a summary of findings pertaining to this proposed project. d. ENGINEER will depict proposed permanent and temporary construction easements on the Route Study exhibits. e. ENGINEER will prepare a brief report with the Route Study that will present and discuss the various alternatives as well as a recommendation on the desired alternative. f. ENGINEER will complete the Route Study within 50 days of the notice to proceed. 2. Surveys for Design a. After approval of the Route Study, the ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information which will be needed for use by the ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of Exhibit A-1 Page 3 all sanitary and adjacent storm sewers, rim/invert elevations, location and buried utilities, structures, and other features relevant to the final plan sheets. Specifically, the design survey will include the following: 1. ENGINEER will obtain permission for surveying through private property. A topographic survey will be prepared along the route 100 feet wide; 50 feet left and 50 feet right of the proposed centerline. Existing features will be tied including but not limited to fences, buildings, power poles, grade breaks, and creeks or draws. 2. When conducting surveys at any location on the project, the consultant or its sub-consultant shall carry readily visible information identifying the name of the company and the company representative. All company vehicles will also be readily identified. 3. Horizontal and Vertical Control: Set two permanent monuments (concrete with City of Fort Worth cap) based on GPS control points as established by TranSystems. Project benchmarks will be set at an interval of approximately 1500 feet. 4. The centerline of the proposed sanitary sewer line will be staked in the field after the recommendations included in the Route Study are approved. 5. The centerline of any adjacent creek will be located. 6. Trees and or tree lines will be located 30 feet right and left of the centerline. Trees 8" and larger will be located and tagged in the field. 7. Up to twenty (20) boreholes will be staked for the geotechnical engineer. Horizontal and vertical information will be provided for each borehole. 8. Property corners will be tied to establish existing property boundaries. Exhibit A-1 Page 4 9. Base maps will be produced ata V=40' horizontal scale and a 1"=4' vertical scale. All CADD files will be generated using AutoCAD 2000 Land Development Desktop (i.e., ".dwg files) 10. Documentation for up to three (3) permanent easements with adjacent temporary construction easements will be prepared. The easement documents will be in the City of Fort Worth format and include metes and bounds descriptions and sketches. Temporary construction easements will be included on the sketch and metes and bounds descriptions provided. b. Engineer Will Provide The Following Information: All plans, field notes, plats, maps, legal descriptions, or other specified documents prepared in conjunction with the requested services shall be provided in a digital format compatible with the electronic data collection and computer aided design and drafting software currently in use by the CITY Department of Engineering. All text data such as plan and profile, legal descriptions, coordinate files, cut sheets, etc., shall be provided in the American Standard Code for Information Interchange (ASCII) format, all drawing files shall be provided in Autocad (DWG or DXF) format (currently Land Desktop 3), or as otherwise approved in writing by the CITY, and all data collected and generated during the course of the project shall become the property of the CITY. The minimum information to be provided in the plans shall include the following: 1. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: 2. The following information about each Control Point; a. Identified (Existing City Monument #8901, PK Nail, 5/8" Iron Rod) Exhibit A-1 Page 5 b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only. C. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). 3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. 4. No less than two horizontal control points, per line or location. 5. Bearings given on all proposed centerlines, or baselines. 6. Station equations relating utilities to paving, when appropriate. c. Public Notification and Personnel/Vehicle Identification Prior to conducting design survey, ENGINEER will notify affected residents of the project in writing. The notification letter shall be on company letterhead and shall include the following: project name, limits, DOE project no., Consultant's project manager and phone no., scope of survey work and design survey schedule. The letter will be reviewed and approved by the City prior to distribution. When conducting site visits to the project location, the consultant or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. All company vehicles shall also be readily identifiable. d. ENGINEER will complete Design Surveys within 60 days after the City approval of the Route Study. Exhibit A-1 Page 6 e. ENGINEER will complete Easement Document Preparation within 30 days after City approval of the Route Study. 2. Preliminary Engineering Upon approval of the Route Study, ENGINEER will prepare preliminary construction plans as follows: a. Overall water and/or sanitary sewer layout sheets and an overall easement layout sheet(s). b. Preliminary project plans and profile sheets which show the following: Proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves 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. C. For sewer lines, pipelines schedule for point repairs, rehabilitation and replacement will be located on the base sheets prepared from survey information gathered. Conflicts shall be resolved where pipelines are to be rehabilitated on the same line segment. Base sheets shall reference affected or adjacent streets. Where open-cut construction is anticipated, below and above ground utilities will be located and shown on the base sheets. d. Existing utilities and utility easements will be shown on the plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to determine if any future improvements are planned that may impact the project. e. The ENGINEER shall make provisions for reconnecting all water and/or wastewater service lines which connect Exhibit A-1 Page 7 directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. f. The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D- Section of the City's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. g. 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. h. Right-of-way/Easement Preparation and Submittal Preparation and submittal of right-of-way, easements and rights-of-entry will be in conformance with "Submittal of Information to Real Property for Acquisition of Property". i. Utility Clearance Phase The ENGINEER will consult with the City's Water Department, Department of Engineering, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate Exhibit A-9 Page 8 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. j. Preliminary Construction Plan Submittal i. Preliminary plans and specifications shall be submitted to City 9L days after approval of the Route Study. The entire project will be included in one (1) set of plans and specifications. If the project is separated into more than one construction contract, this agreement shall be amended to compensate the ENGINEER for preparation of multiple sets of plans and specifications. ii. The ENGINEER shall deliver two (2) sets of preliminary construction plans and two (2) sets of specifications and contract documents to CITY for review. Generally, plan sheets shall be organized as follows: Cover Sheet Easement layout (if applicable) Plan & Profile Sheets Standard Construction Details Special Details (If applicable) iii. The ENGINEER shall submit a preliminary estimate of probable construction cost with the preliminary plans submitted. ENGINEER shall assist City in selecting the feasible and/or economical solutions to be pursued. Exhibit A-1 Page 9 k. 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. I. Public Meeting After the preliminary plans have been reviewed and approved by the City, ENGINEER shall prepare exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall mail the invitation letters. m. Geotechnical Investigation i. Experienced drillers and technicians will evaluate subsurface conditions with a total of 20 sample borings to a depth of 25 feet below existing grades. ii. Laboratory services shall include: moisture content, soil identification, liquid limit, plastic limit, unconfined compression tests and unit weight determination. iii. An engineering report will be prepared to present the results of the field and laboratory data together with the engineer's analysis and recommendations. The ENGINEER will furnish two (2) copies of the report to the City. The report will address general soil, rock, and groundwater conditions, comments about the general excavatabilty of onsite soils and rock.- and ock:and foundation recommendations for aerial crossings. n. Storm Water Pollution Prevention Plan ENGINEER will prepare the Storm Water Pollution Exhibit A-1 Page 10 Prevention Plan (SWPPP) required for the project for the use of the contractor during construction_ The City of Fort Worth's example will be used as a template. ENGINEER will prepare drawings and details for the proposed SWPPP improvements that the contractors must use during construction. Contractor shall be responsible for filing SWPPP with the appropriate regulatory agencies. o. Easement Acquisition 1. OWNER CONTACT: Each owner will be contacted in the beginning to inform them of the project and seek right of entry for surveying as well as environmental and geo-technical work to be performed on the property. 2. APPRAISAL/MARKET STUDY: The ENGINEER'S agent shall provide a Market Study with price ranges to be approved by the City of Fort Worth prior to negotiations with the property owners. The Market Study will be completed by an independent appraiser who will also complete the appraisals such as are necessary. If negotiations are not successful based on these ranges, the City may authorize the independent appraiser under the management of the ENGINEER'S agent to provide an appraisal of the property to use in further negotiations. The fixed fee presented in Exhibit "B-3C" includes the Market Study, Negotiations, and Project Management. The appraisal fee and condemnation fee are listed separate in Exhibit "B-3C". If the Appraisal is not necessary on a particular property, the City will not be billed for that parcel. The fixed fee presented in Exhibit "B-3C" also provides for the Appraiser to be present and testify at condemnation proceedings if requested by the City. The fee is based on the assumption that approximately 3 hours of the Appraiser's time will be spent attending and testifying at the hearing. If the Appraiser's assistance with the condemnation proceedings is not necessary, the City will not be billed for that parcel. Should additional time be required, the Appraiser's fee would be based on their hourly rate. 3. The appraisals and Market Study will be prepared by State Certified appraisers in accordance with the Exhibit A-1 Page 11 Uniform Standards of Professional Appraisal Practice (USPAP). The appraisals will be suitable for use in condemnation proceedings if necessary. The ENGINEER's agent will present to the City of Fort Worth a copy of the appraisals for the City's approval. 4. -1-1-FLE INFORMATION: This contract assumes that Title Policies will be purchased. 5. The ENGINEER's agent shall review liens or other exceptions reported in the Title Commitment. The ENGINEER's agent shall be responsible for the determination of the location and the effect of any utility easements. The ENGINEER's agent shall report the results of the Title Commitment to the City, recommending the disposition of the exceptions. The decision whether the reported exceptions are acceptable or must be eliminated will be the responsibility of the City. Any action required to clear title is not included in the Scope of Work for this project, and if this task is necessary, will require an amendment to the contract. 6. RECOMMENDED NEGOTIATING PRICE: The offer to purchase the properties will be based on the Market Study and/or Appraisals as indicated above. The City will approve the value to be used in negotiation and the range of negotiating authority to be given to the ENGINEER's agent. 7. NEGOTIATION: The ENGINEER will provide the services of qualified right-of-way agents to secure the required easements for the project. 8. The ENGINEER's agent will negotiate on behalf of the City. The ENGINEER's agent will provide a good faith effort to acquire all the rights-of-way through a negotiation process, which will generally consist of no less than three contacts with the property owner or his authorized representative. Generally, no more than five contacts will be necessary to reach an agreement with the property owner or to determine that further negotiations will be non productive and the eminent domain actions will be necessary to acquire the property. If absentee owners are involved, the negotiations may be conducted via telephone, fax, or by mail. No travel outside of the project area is included in the scope of this project. Exhibit A-1 Page 12 9. The initial offer made to the property owner will be based on the value approved as previously discussed in the paragraph entitled VALUATION OF PARCELS. All counter-offers by the property owner along with the ENGINEER's agent's recommendations will be presented to the City for their consideration. The City must approve such counter offers before the ENGINEER's agent will be authorized to agree to the requested changes. All monetary offers made to the property owners will be within the limits authorized by the City in the various stages of the negotiation. 10. After reaching an agreement with the landowner on the consideration and all other terms of the transaction, the ENGINEER's agent will forward to the City a Memorandum of Agreement (M/A) executed by the property owner to be ratified by the City. This M/A sets forth the compensation and any other terms and conditions agreed upon. The City will be responsible for obtaining the City's ratification and for returning the ratified M/A to the ENGINEER. The ENGINEER'S agent will then inform the Title Company that the parcel is ready for closing. The payment to the property owner and the closing procedures will be in compliance with the procedures defined in the paragraph entitled CLOSING PROCEDURES, which will be discussed later. 11. In the event these good faith efforts fail to produce a satisfactorily negotiated easement, the ENGINEER's agent will recommend to the City that the City use its power of Eminent Domain to acquire the right-of-way. 12. CLOSING PROCEDURES: Closing Procedures — The ENGINEER'S agent will coordinate contacts with the City and Title Company for the closing of the transaction. Payment to the property owner will be made through the Title Company at closing. The Title Company will record the documents upon closing. The documents will be returned to the ENGINEER'S agent after recording who will then submit the original document and title policy to the City. 13. DOCUMENTATION: Written documentation will be maintained for each property in a separate parcel file. The ENGINEER will include, as a minimum, the name, address and telephone number of the property Exhibit A-1 Page 13 owner and tenant, the property owner's verification of title information, the legal description and plat, the authorized negotiating price, and a copy of the right- of-way conveyance and curative documents. The ENGINEER's agent will provide a monthly progress report on the acquisition, which will be submitted to the City. 14. RELEASE OF TEMPORARY CONSTRUCTION EASEMENTS: Upon completion of construction and final acceptance of the project by the City of Fort Worth, the ENGINEER'S agent will perform the necessary tasks to release the temporary construction easements. p. Corps of Engineers Section 404 Permitting 1.Wetland Delineation — Utilize available topographic maps, aerial photos, soil survey, etc to develop a base map of the project area. Identify and map hydraulic soils, specific vegetation communities, 100 — year flood plain and wetlands. Compile information on a base map and coordinate with the Corps of Engineers. Prepare a wetlands determination map. 2.Section 404 Nationwide 12 Permit — Prepare documentation for a Nationwide 12 Permit. Coordinate with the Corps of Engineers. q. Archeological Survey 1.Secure Archeological Survey Permit from the Texas Historical Commission. 2.Conduct records search to determine if cultural resources have been recorded in the vicinity of the project. 3.Conduct on-the-ground pedestrian survey of the pipeline route. Conduct about 44 shovel tests along the route. Artifacts recovered from these excavations will be analyzed and prepared for permanent curation. 4.Prepare a written report to be submitted to the Texas Exhibit A-1 Page 14 Historical Commission (THC). Revise the report, if necessary, following the review by the THC and the City of Fort Worth. Submit twenty (20) copies of the report to the THC and three (3) copies to the City of Fort Worth_ 3. Final Engineering Plan Submittal a. Final Construction Documents shall be submitted to CITY 120 days after approval of Preliminary Plans. Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans, specifications and contract documents and provide them to the CITY (each sheet shall be stamped, dated, and signed by the ENGINEER) 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. PART C - PRE-CONSTRUCTION ASSISTANCE Administration a. Deliver Bid Documents The ENGINEER will make available for bidding, upon request by the CITY, up to forty five (45) sets of the final approved and dated plans and specifications and contract documents for the projects to the CITY for distribution to potential bidders. Proposal will be delivered in electronic format. b. Bidding Assistance The ENGINEER shall assist the CITY during phase including preparation and delivery of addenda to plan holders and responses to questions submitted to the DOE by prospective bidders. Engineer shall attend the scheduled pre-bid Exhibit A-1 Page 15 conference. The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening develop bid tabulations in hard copy and electronic format and submit four (4) copies of the bid tabulation. C. Assistance During Construction The ENGINEER shall attend the pre-construction conference for the project. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. Exhibit A-1 Page 16 EXHIBIT B COMPENSATION AND SCHEDULE SEWER MAIN EXTENSION TO SERVE WALSH RANCH PHASE 1C D.O_E. No. 4160 SEWER PROJECT No. PS46-070460140300 I. Compensation a. The Engineer shall be compensated a total lump sum fee of $168,191.10 as summarized in Exhibit "13-3A". Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" and Exhibit "A-1" for all labor materials, supplies and equipment necessary to complete the project. b. The Engineer shall be paid in monthly payments as described in Exhibit "113-1 upon receipt of invoices from the Engineer. In this regard, the Engineer shall submit monthly invoices as described in Exhibit "B-11", Section 1 — Method of Payment. II. Schedule a. Final Phase I Plans shall be submitted within 270 calendar days after the Notice to Proceed letter is issued. Exhibit B Page 1 EXHIBIT B-3A (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES DESIGN FEE COST SUMMARY SANITARY SEWER MAIN EXTENSION TO SERVE WALSH RANCH PHASE 1C D.O.E. No. 4160 SEWER PROJECT No. PS46-070460140300 Scope of Services Total Fee M/WBE °la Sanitary Sewer Design $168,191.10 $51,625.00 30.7 Proposed M/WBE Sub-consultants Services Eaes % of Total Gorrondona & Associates, Inc. Survey $46,500 27.6 Hugo Trevino, Jr. & Associates Reproduction $ 5,125 3.1 Proposed Non-M/WBF Sub-consultants S Fees % of Total CMJ Engineering, Inc. Geotech. $12,700.00 7.5 AR Consultants, Inc. Archaeological $ 6,600.00 3.9 Albert Halff Associates, Inc. Acquisition $14,750.00 8.8 Reed Engineering, Inc Wetlands $ 3,800.00 2.3 Exhibit B-3A Page 1 EXHIBIT B-313 (SUPPLEMENT TO ATTACHMENT "B") FEE SUMMARY SANITARY SEWER MAIN EXTENSION TO SERVE WALSH RANCH PHASE IC D.O.E. No. 4160 Sewer Project Nos. PS46-070460140300 BASIC SERVICES* Curve "A" 8% (0.08 x $744,023.50)(0.85) Basis S _rvi . .s Fee = $50,59360 TOTAL BASIC SERVICES = $ 50,593.60 TOTAL SPECIAL SERVICES = $117,597.50 GRAND TOTAL = $168,191.10 Exhibit B-3B Page 1 EXHIBIT B-3C (SUPPLEMENT TO ATTACHMENT "B") BREAKDOWN OF SPECIAL SERVICES SANITARY SEWER MAIN EXTENSION TO SERVE WALSH RANCH PHASE 1C D.O.E. No. 4160 Sewer Project Nos. PS46-070460140300 Special Services: 1. Design Surveys = $41,500.00 a. See scope of services description under Part B.2 of Exhibit "A-1". The route to be surveyed is generally wooded and includes multiple streams that will have to be surveyed. 2. Easement Document Preparation (3) _ $ 5,000.00 a. This contract includes the preparation temporary and permanent easement documents for up to four (3) parcels in City of Fort Worth format. 3. Route Study = $ 4,500.00 a. As described in Part B.1 of Exhibit "A-1", a route study will be prepared that addresses the horizontal and vertical alignment, line sizing, and easement needs of the proposed sanitary sewer lines. 4. Public Meetings = $ 1,200.00 a. As outlined in Exhibit "A-1", the ENGINEER will assist the City in conducting public meetings to inform the citizens about the project. 5. Printing / Plotting = $ 7,500.00 a. This item covers printing, plotting and other reproduction costs to be incurred during the course of the project. 6. Monthly Progress Meetings / Reports = $ 6,000.00 a. The ENGINEER will attend monthly progress meetings with the City staff and the consultants working on other phases of the Walsh Ranch water and sewer extension project. 7. Geotechnical Investigation = $ 12,700.00 a. The scope of services for the Geotechnical investigation is presented in part B.3.m of Exhibit "A-1". The scope includes 20 sample borings to depths of 25 feet. 8. Easement Acquisition (2) = $14,750.00 a. See scope of services description in Exhibit "A-1", Part 13.3.o. A breakdown of the fees is presented below: b. Easement Acquisition w/ Market Study 2 parcels @ $3,800 = $ 7,600.00 c. Appraisals 2 parcels @ $2,500 = $ 5,000.00 d. Condemnation Assistance (approx. 3 hours) 2 parcels @ $ 700 = $ 1,400.00 Exhibit B-3C Page 1 Mr. Liam Conlon, P.E. July 25, 2003 e. Release Temporary Construction Easements 3 parcels @ $ 250 = $ 750.00 f. The fee includes the preparation of a Market Study and Appraisal for 2 properties. It also includes a maximum of approximately 3 hours of assistance with condemnation preparation, and proceedings for each parcel. This does not include an update of the appraisal for the condemnation. If the Appraisal is not needed or if the condemnation assistance is not needed, the CITY will not bill for these services_ 9. SWPPP = $ 2,500.00 a. The scope of services for the SWPPP is described in Part B.3.n of Exhibit "A-1". 10. Archaeological Investigation = $ 6,600.00 a. An archaeological investigation will be performed as described in Part B_3.p of Exhibit b. "A-1" 11. Wetlands Determination $ 3,800.00 a. Preparation of a study which identifies the limits of wetlands. 12. Permitting $ 800.00 a. Meet with the Corps of Engineers and prepare and submit required 404 permit 13. 10% for Sub-consultants = $ 8,887.50 a_ DeOtte, Inc. is utilizing sub-consultants for sewer design, Geotechnical investigation, easement acquisition, archaeological investigation and printing. This fee is full compensation to DeOtte, Inc. for managing sub-consultants. 14. Construction Assistance = $ 740.00 a. The ENGINEER will assist the City with the construction phase of the project as outlined in Part C of Exhibit "A-1". 15. Record Drawings = $ 1,120.00 a. After the construction is complete, the ENGINEER will furnish the City with reproducible record drawings. TOTAL = $117,597.50 Exhibit B-3C Page 2 M O J � L O C O N 4 a Ir E d' a A N ow0 E x — O CL z O > a N C OU1- 0 w M — U) w a O c O a O C9 U m C w o F- N � Dz Z L w _ a) W � * O - a Q ¢ ac o a a� rn co U- wm �1 cu L W O 1— s ¢ z N w j 0 p w U d c z O > Z ~ CW 3 C p VLN co w a Q v> > ° U Q = ¢ OU' V W U � Q 0w 1 1+ it � D a CO 0 0 N OD (N33NVS),V(2-L) SAVO NVONYWO Q Z m LL U a — �c ° a � C. 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IT- izwa0 QQ 0 L zr- v o w m O r Nom] 't? LL7 CO i� OD O O r N M r N ch LO CO 1l- coCU O r �- r r r r r r e r N N N N 6 co � � — ENGINEER'S ESTIMATE SEWER IMPROVEMENTS PROJECT DESCRIPTION: Walsh Ranch Addition Phase IC X CONCEPTUAL DATE: 6/12/2003 PRELIMINARY PROJECT k 200311900 FINAL OWNER: City of Fort Worth No. DESCRIPTION UNITS QTY. UNIT COST COST 1 21" Sanitary Sewer(all depths) LF 9000 $50.00 $450,000.00 2 21" CL51 DIP san. sew. (all depths) LF 1000 $65.00 $65,000.00 3 Concrete encasement pr fig 113 LF 400 $40.00 $16,000.00 4 Standard 4'dia. manhole per fig M EA 17 $1,700.00 $28,900.00 5 Std. 4'dia M.H. per fig M bolted/vented EA 4 $1,800.00 $7,200.00 6 Add depth for 4; dia M.H. (over 6') VF 300 $120.00 $36,000.00 7 Vacuum testing of san sew manholes EA 21 $150.00 $3,150.00 8 Concrete M.H. collars per fig 121 EA 21 $250.00 $5,250.00 9 Watertight manhole inserts EA 21 $100.00 $2,100.00 10 Trench safety (15-20' depth) LF 10000 $1.00 $10,000.00 11 Post construction clean and TV LF 10000 $1.00 $10,000.00 12 Exploratory excavation EA 4 $1,000.00 $4,000.00 13 Hydro Mulch seeding LF 10000 $2.00 $20,000.00 14 18" rock rip-rap CY 115 $100.00 $11,500.00 15 Filter Fabric SY 51 $35.00 $1,785.00 16 Class E Concrete CY 50 $50.00 $2,500.00 17 Class B Concrete CY 50 $50.00 $2,500.00 18 Crushed limestone as directed by eng. CY 50 $10.00 $500.00 19 20 21 22 23 24 25 26 27 28 29 30 PREPARED BY: Sub-Total Const. Cost $676,385.00 REVIEWED &APPROVED: Contingency 10% $67,638.50 TOTAL ESTIMATED COST $744,023.50 Page 1 1 white Setgernent R ..d 64y Westpoint Boulevard -- 8� .y Diu PHASE V ��� R� PROPOSED LIFT STATIONS • • • ♦ ,c gsPHASE 18 110 FN1p I nterstate H ig hw2 �y 53�0 Illy. „H � " ' y9RfS.�A tcirF�q U- ' T N h �j S r3 6ti _ gryty PHASE NB -- dy20 GRAV IY LINES © 1 = ( wD m m `^ °o f G� ` Fort Worth Water PiIAS•E IVB I Ii T STATION Department PHASE FV WALSH RANCH PROPOSED LIFT ATTACHMENT E STATION FORTWORTH PHASE 1 C COUNCIL DISTRICT 7 AFTER ANNEXATION DeOtte, Inc. 'E r— I15 IS COMPLETED F!rt WvE..kms 761 f e `"�”�"�'�° �""""—°°°° � � � AUGUST 4, 2003 CIVIL ENGINEERING MAPSCO NOS. 71 E Bit J• 761 M L & K City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/12/03 **C-19702 30WALSH1 C 1 of 2 SUBJECT ENGINEERING AGREEMENT WITH DEOTTE, INC., CIVIL ENGINEERING FOR WALSH RANCH SEWER MAIN EXTENSION, PHASE IC RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with DeOtte, Inc., Civil Engineering in the amount of $168,191.10 for the design of Walsh Ranch Sewer Main Extension, Phase IC. DISCUSSION: On April 29, 2003 (M&C C-19566), the City Council authorized the City Manager to execute an Economic Development Agreement for Walsh Ranch with Walsh Ranches Limited Partnership, H. Howard Walsh, Jr. and various Walsh family trusts (Walsh). The agreement includes terms of design and construction of water and wastewater infrastructure to serve the property and requires the City to design and construct the first phase of Phase 1 water facilities and Phases 1A, 113, 1C, 1D, IVA and IVB wastewater facilities within approximately 36 months after execution of the agreement. Walsh may terminate the agreement if the City does not appropriate funds for the design of such infrastructure by September 1, 2003. Thereafter, subsequent City obligations will be dependent on construction of facilities by Walsh and will be constructed as warranted as the property is developed. This project includes the design and survey of approximately 10,000 feet of 21-inch sewer line. The project also includes acquisition services for two permanent and temporary construction easements needed to construct the project. The location of the project is shown on the attached location map. The City received 17 proposals from local engineering firms in response to a Request for Proposals for the design of the Walsh Ranch sewer project. A selection committee comprised of Water and Engineering Department staff reviewed the proposals and considers DeOtte, Inc., Civil Engineering to be the most qualified for the design of this particular project. DeOtte, Inc., Civil Engineering proposes to perform the design work for a lump sum fee of$168,191.10. Staff considers this fee to be fair and reasonable for the scope of services proposed. DeOtte, Inc., Civil Engineering is in compliance with the City's M/WBE Ordinance by committing to 31% M/WBE participation. The City's goal on this project is 20%. In addition to the contract amount, $6,000 is required for project management by the Engineering Department. This project will be located in COUNCIL DISTRICT 7, pending the completed annexation for the project, Mapsco 760L; and 761 P, Q and N. City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/12/03 **C-19702 30WALSHl C 2 of 2 SUBJECT ENGINEERING AGREEMENT WITH DEOTTE, INC., CIVIL ENGINEERING FOR WALSH RANCH SEWER MAIN EXTENSION, PHASE IC FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper-Sewer Fund. MO:r Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Marc Ott 8476 Originating Department Head: Douglas Rademaker 6157 (from) APPROVED 08/12/03 PS46 531200 070460140300 $168,191.10 Additional Information Contact: Douglas Rademaker 6157