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HomeMy WebLinkAboutContract 29739 CITY SECRETARY CITY OF FORT WORTH, TEXAS CONTRACT NO. STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Freese and Nichols, Inc., (the "ENGINEER"), for a PROJECT generally described as: Water and Sanitary Sewer Improvements to serve the Thompson Road and Riverside North Area (Annexation A-00-20). 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 se s under this AGREEMENT until paid in full, including interest. In the a ebtof suspension of services, the ENGINEER shall have no liability to C T1�; i- delays or damages caused .�� : :,ITY beuwse of such suspension of er J 1 i w 04-06-04A09 : �),... ;;CVD ORIGINAL 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 conceming 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 ENGINEEITs 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_om�ainta costs; competitive bidding procedures and market conditions; time or qual6f 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 relatin this contract. ENGINEER agrees that the CITY shall have access duri g normal working hours to all necessary ENGINEER facilities and shall be rovided 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 5of14 (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 alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. I ENGINEERING CONTRACT N 'C 14A'.).A' -° 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-€P�6 will, if requested, assist the CITY in obtaining the services of a ''gjlil`i subcontractor to manage the remediation activities of the PROJECT_.; ENGINEERING CONTRACT W Page 7 of 14 �� ''�U:�Ii� I 0'.1 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 IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." 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. 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. 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. 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 In1' , Executed this the �� day of �-( �n 20d.q ATTEST: CI F RT WOR Cit ecretary Marc. Ott Assista City Manager Contract Authorization APPROVAL RECOMMENDED Date A. Douglas Rademaker, P.E. Director, Engineering Department APPROVED AS TO FORM AND LEGALITY Assistant City Attorney FRFFSF AND NICHOLS INC, ENGINEER By: Thomas Haster, P.E. Principal Mn ENGINEERING CONTRACT Page 14 of 14 ATTACHMENT"A" General Scope of Services "Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence over the General Scope of Services." GENERAL 1) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed street, and storm drain and/or water and wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechnical Investigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facrtitfes made by the r 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- ,r 1.. 10) Conceptual Plans The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross-sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four(4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rales 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 performed by the City. 22) Site Visits The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. 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. 4 EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD AND RIVERSIDE NORTH AREA(ANNEXATION A-00-02) The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes engineering services for water and/or sanitary sewer improvements for the following: DESIGN OF WATER AND SANITARY SEWER LINES TO SERVE THOMPSON ROAD AND RIVERSIDE NORTH AREA(ANNEXATION A-00-02) D.O.E. No. 4210 Water Project No. P163-060163015121 Sewer Project No. P173-070173013123 SUMMARY STREET WATER SEWER —' Water Map Existing Proposed Length Sewer Map Existing Size Proposed Size Length Numbers Size (in.) Size (in.) (ft.) Numbers (in.) (in.) (ft.) Old Denton 2054-444 2054-444 Highway 2054-448 N/A 16" 4,800 2054-448 N/A 12" &8" 5,050 W. W.Thopson 2054-444 N/A 16" 900 2054-444 N/A 12"&8" 1,650 Road 2066-444 2066-444 Total i 5,700 Total 6,700 The ENGINEER will design the following improvements: WATER Approximately 5700 feet of new 16 inch water line from the intersection of Old Denton Highway and Shiver Road, along Old Denton Highway and W.W. Thompson Road. Connect new 16 inch line to 16 inch line along the future North Tarrant Parkway (by others) and to existing 12 inch line at the intersection of W.W. Thompson Road and Malibu Sun Drive. WASTEWATER Two new collector lines. Approximately 2400 feet of new 12 inch collector along Old Denton Highway draining north from Light of the World Lutheran Church to connect with an existing 15 inch interceptor serving the Park Glen Addition. Approximately 4300 feet of new 8 inch line along EA1-1 Old Denton Highway and W.W. Thompson Road from south of Light of the World Lutheran Church draining south and east to connect to 8 inch collector on Foxchase Drive. If additional improvements outside of those listed above are required, additional fee and schedule will be negotiated for their design. 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. Two (2) 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). • One (1) review meeting at completion of the City's review of the conceptual engineering plans. b. Data Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plan, property ownership as available from the Tax Assessor's office. The data collection efforts will also include conducting one (1) special coordination meeting with affected property owners and businesses as necessary to develop water and sewer alignment. The following shall be applicable at all locations where it is necessary to relocate or reroute an existing water line or 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 EA1-2 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 the start of construction. The CITY will direct the Contractor to de- hole the service line at the clean-out location of all buildings or structures so that the Engineer or surveyor can determine the flow line of the sewer service line after contract(s) for the construction of the project have been awarded, but prior to the construction of any sanitary sewer lateral or main which will require the reroute/relocation of existing public and private sanitary sewer service lines. The Engineer shall then use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. C. Coordination with Other Agencies During the concept phase the ENGINEER shall coordinate with all utilities, including utilities owned by the City, TxDOT and railroads. These entities shall also be contacted if applicable, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall be shown on the concept plans. The ENGINEER shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines within the project limits. ENGINEER shall complete all forms necessary for City to obtain permit letters from 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 Neighborhood Newsletter a. The ENGIENER shall submit a progress schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress report as required under Attachment B of the contract. b. ENGINEER will prepare a quarterly newsletter detailing the status of the project for distribution to the affected Neighborhood Association. The newsletter will be reviewed and approved by the City prior to distribution. PART B - CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering EA1-3 A i. Surveys for Design a. 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 all sanitary and adjacent storm sewers, rim/invert elevations, location and buried utilities, structures, and other features relevant to the final plan sheets. For sewer lines located in alleys or backyards, ENGINEER will perform the following: ■ Obtain permission for surveying through private property. ■ Locate horizontal and vertical alignment of utility lines. Tie improvements, trees, fences, walls, etc., horizontally along rear lines in an approximately 20' wide strip. In addition, locate all rear house corners and building corners in backyards. ■ Profile existing water and/or sewer line centerline. • Compile base plan from field survey data at 1"-20' scale. - Obtain permission for surveying through private property. Locate horizontal and vertical alignment of utility lines. The improvements, trees, fences, walls, etc., horizontally along rear lot lines in an approximately 20' wide strip. In addition, locate all rear house corners and building corners in backyards. Compile base plan from field survey data at a 1" = 20' horizontal and 1" = 2' vertical scale. ■ When conducting design survey at any location on the project, the ENGINEER or its sub-consultant shall carry readily visible information identifying the name of the company and the company representative. All company vehicles shall also be readily identified. b. Engineer 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 MicroStation (DGN) or Autocad (DWG or DXF) format (currently Release 2002), 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. EA 1-4 1 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. Description (Existing City Monument number, 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). 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. 7. In case of sanitary sewer service line relocation or rerouting, obtain the 'foot print" of all properties where the sanitary sewer service line is to be relocated or rerouted. ii. Public Notification and PersonnelNehicle 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 ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. All company vehicles shall also be readily identifiable. Conceptual Engineering Plan Submittal a. Conceptual plans shall be submitted to City 60 days after Notice to Proceed Letter is issued. EAI-5 b. The ENGINEER shall perform conceptual design of the proposed improvements and furnish four (4) copies of the concept engineering plans which includes layouts, preliminary right-of-way needs and cost estimates for the ENGINEER's recommended plan. ENGINEER shall perform remaining field surveys required for final design of selected route(s). The ENGINEER shall also evaluate the phasing of the water, sanitary sewer, street and drainage work, and shall submit such evaluation in writing to the City as a part of the concept phase of the project. All design shall be in conformance with Fort Worth Water Department policy and procedure for processing water and sewer design. ENGINEER shall review the City's water and sewer master plan and provide a summary of findings pertaining to the proposed project. 2. Preliminary Engineering Upon approval of Conceptual Engineering plans, 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 during the Conceptual Engineering phase of design. 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 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. i. Right-of-way/Easement Preparation and Submittal Preparation and submittal of right-of-way, easements and rights-of-entry will be in conformance with "Submittal of Information to Real Property for Acquisition of Property". j. Utility Clearance Phase The ENGINEER will consult with the City's Water Department, Department of Engineering, and other CITY departments, public utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities that have an impact or influence on the project. ENGINEER will design City facilities to avoid or minimize conflicts with existing utilities. The ENGINEER shall deliver a minimum of 1'I ve pr liminary construction plans to the City's Utility Coordinat r;-for,forwarding to all utility companies, which have facilities within the limits of the project. k. Preliminary construction plan submittal i. Preliminary plans and specifications shall be submitted to City 90 days after approval of Conceptual Engineering Plans. 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. I. Review Meetings with City. The ENGINEER shall meet with CITY to discuss review comments for preliminary submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. m. Assist in Public Involvement efforts. ENGINEER will assist the City by conducting three (3) public meetings to make the community aware of the effects of the System Transfer. After the Memorandum Report has been reviewed and approved by the City, the ENGINEER shall: ■ Prepare project exhibits. ■ Design a 1-page notice, which the City can copy and post in public areas, distribute through mailings or hand-deliver to affected homeowners, and a suggestion/comment sheet for meeting attendees. ■ Conduct up to two (2) public meetings to help explain the proposed project to residents. ■ Prepare attendance and participation records in each meeting. 3. Final Engineering Plan Submittal EA1-8 2 f - a. Final Construction Documents shall be submitted to CITY 60 days after approval of Preliminary Construction Plans. Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents to 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 AND CONSTRUCTION ASSISTANCE Administration a. Deliver Bid Documents The ENGINEER will make available for bidding, upon request by the CITY, up to forty (40) sets of the final approved and dated plans and specifications and contract documents for the 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. 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 i. Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect OWNER in providing these services however, EA1-9 . r a :%:i;: fil � Gki 1 it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. ii. The ENGINEER shall assist the CITY in conduction one (1) pre- construction conference for each construction contract with the Contractor. Review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract. iii. Review submittals and shop drawings associated with contract documents. iv. Conducts field visits to observe progress and quality of construction. Provide technical assistance to the City to answer questions that may arise in the construction. v. Conduct, in company with City's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Contract Documents. ENGINEER shall also review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). vi. Prepare one (1) set of reproducible Record Drawings based upon information provided by the City. EAI-10 ATTACHMENT B COMPENSATION AND SCHEDULE DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD AND RIVERSIDE NORTH AREA(ANNEXATION A-00-02) I. COMPENSATION A. The ENGINEER shall be compensated at a lump sum fee of $150,052.00 for Basic Services as summarized on Exhibits `B-3" and `B-4". Payment of the fee shall be considered full compensation for the services described in Exhibit "A-1" for all labor, materials, supplies, and equipment necessary to complete the project. B. Partial payment shall be made monthly as stipulated on Exhibit B-1 upon receipt of an invoice from the ENGINEER, prepared from the books and records of the ENGINEER. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the ENGINEER. Payment according to statements will be subject to certification by the Director of Engineering Department or his authorized representative that such work has been performed. II. SCHEDULE A. The Design Phase shall have a schedule as follows: Part A— Pre-engineering shall be completed 60 days after City approval of Notice to Proceed. Part B — Preliminary plans, specifications, and contract documents shall be completed 90 days after City approval of Pre-Engineering. Final plans, specifications, contract documents and cost estimate will be competed 60 days after approval of Preliminary Plans. Part C — Bidding and award will be completed an estimated 60 days after the City's approval of Final Design plans, specifications and contract documents. B. Construction will have an estimated completion date 6 months after contract award. Attachment B, Page I _ TAFort Wort h\Annexation W&W WM Exhibit B I B2-Compensation Annex2.doc EXHIBIT 4411-1" (SUPPLEMENT TO ATTACHMENT "B") METHOD OF PAYMENT WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD AND RIVESIDE NORTH AREA(ANNEXATION A-00-02) D.O.E. No. 4210 Water Project No. P163-060163015121 Sewer Project No. P173-070173013123 I. METHOD OF PAYMENTS The Engineer shall be paid in monthly partial payments as outlined below: A. The ENGINEER shall be paid in monthly payments upon the receipt of individual invoices for each partial payment request from the ENGINEER. B. Partial payments shall not exceed the equivalent of 40% of the total lump sum fee, until City approval of Exhibit A-1, Part B, Section 1. C. Partial payments shall not exceed the equivalent to 70% of the total lump sum fee, until City approval of Exhibit A-1, Part B, Section 2. D. Partial payments shall not exceed the equivalent to 95% of the total lump sum fee, until City approval of Exhibit A-1, Part B, Section 3. E. The balance of the fee shall be payable after completion by the ENGINEER of Exhibit A-1, Part C. II. PROGRESS REPORT A. The ENGINEER shall submit to the designated representative of Director of Department of Engineering monthly progress reports covering all phases of design by the 15th of every month in the format required by the City. Note: If the ENGINEER determines in the course of making drawings and specifications that the construction cost estimate of $ 1,410,772 (as estimated in Exhibit `B-4") will be exceeded, whether by change in the scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the CITY'S Director of the Engineering Department shall suspend all work hereunder. EB 1-1 TAFort Worth\Annexation W&W W\03 Exhibit B 1 B2-Compensation Annexldoc EXHIBIT"B-2" ATTACHMENT CO • COMPENSATION Compensation to Freese and Nichols shall be based on the following Schedule of Charges: The total fee for Basic Services in Attachment SC shall be performed for the lump sum fee of $150,052.00. If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC,FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed base on the Schedule of Charges. Schedule of Charges: POSITION MIN MAX PRINICIPAL 194.46 274.49 SENIOR CONSULTANT 159.01 27956 MANAGER-LOCAL OFFICE 143.82 179.78 GROUP MANAGER 165.27 211.86 SR DISCIPLINE LEADER 182.25 204.77 DISCIPLINE LEADER 90.02 172.90 PROGRAM MANAGER 11 113.82 166.04 PROGRAM ADMINISTRATOR 111.93 139.91 ENGINEER VIII 202.37 223.18 ENGINEER VII 155.79 196.13 ENGINEER VI 108.50 189.52 ENGINEER V 113.05 150.64 ENGINEER IV 97.51 120.69 ENGINEER INTERN III 88.97 111.72 ENGINEER INTERN II 82.04 97.46 ENGINEER INTERN 1 76.55 89.78 ELECTRICAL ENGINEER V 120.30 150.38 ELECTRICAL ENGINEER IV 126.63 136.12 ELECTRICAL ENGINEER INTERN 111 92.86 97.90 MECHANICAL ENGINEER VI 152.78 189.52 MECHANICAL ENGINEER IV 106.02 115.58 SENIOR RESIDENT REPRESENTATIVE 102.87 131.71 CONSTRUCTION CONTRACT ADMIN 111 88.34 162.18 CONSTRUCTION CONTRACT ADMIN II 78.30 116.17 CONSTRUCTION CONTRACT ADMIN 1 65.07 123.11 SR DESIGNER 105.55 131.93 DESIGNER 11 104.48 126.82 DESIGNER 1 93.66 114.55 SENIOR ENGINEERING TECHNICIAN 92.05 115.06 ENGINEERING TECHNICIAN 72.31 99.11 TECHNICIAN 11 66.08 84.78 TECHNICIAN 1 57.61 85.85 DRAFTER 46.20 59.46 GIS ADMINISTRATOR 1 D6.60 133.26 GIS ANALYST It 58,65 73.32 DOCUMENT CONTROL CLERK 48.92 61.15 ENVIRONMENTAL SCIENTIST VII 119.13 148.91 ENVIRONMENTAL SCIENTIST VI 90.67 113.34 ENVIRONMENTAL SCIENTIST IV 72.85 91.07 ENVIRONMENTAL SCIENTIST III 65.17 98.05 ENVIRONMENTAL SCIENTIST II 66.22 80.41 ENVIRONMENTAL SCIENTIST 1 49.07 61.34 ARCHITECT VII 142.68 178.35 ARCHITECT V 112.35 140.61 LANDSCAPE ARCHITECT V 110.28 137.85 ARCHITECT INTERN III 95.87 119.84 ARCHITECT INTERN 11 69.83 92.10 ARCHITECT INTERN 1 59.29 76.70 INTERIOR DESIGNER 111 62.03 77.54 HYDROLOGIST VI 102.08 127.60 HYDROLOGIST V 93.87 117.34 HYDROLOGIST IV 80.85 101.06 HYDROLOGIST II 72.66 83.42 GEOTECHNICAL ENGINEER VI 132.12 165.15 SENIOR GEOLOGIST 88.20 110.25 PUBLIC INVOLVEMENT COORDINATOR 78.61 87.47 WEB SERVICES ADMINISTRATOR 77.76 97.20 WORD PROCESSING/SECRETARIAL 52.19 59.83 OPERATIONS ANALYST 87.40 110.10 CONTRACT ADMINISTRATOR 78.47 98.09 INFORMATION SERVICES CLERK 38.12 48.55 CO-OP 26.25 56.96 The ranges and individual salaries will be adjusted annually. RATES FOR INHOUSE SERVICES Computer and CAD Calcomp Plotter Print Shop PC CAD Stations $10.00 per hour Bond $2.00 per plot Bluelines $0.08 per square foot PC Stations $8.00 per hour Calor $3.50 per plot Offset and Xerox Copies $0.07 per single side copy VAX Computer $20.00 per hour Vellum $4.00 per plot Offset and Xerox Copies $0.14 per double side copy Mylar $10.00 per plot GBC Binding(Reg.Cover) $2.00 per book GBC Binding(Emboss.Cover) $4.00 per back Testing Apparatus Tape Binding(Reg.Cover) $1.75 per Density Meter $350.00 per month Tape Binding(Emboss.Cover) $3.75 per I ,l Gas Defection $10.00 per test ` L P lJt( OTHER DIRECT EXPENSES t�' L6� �=2LL� Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside peri ing�cf.,,aepr� ctl '�� expense, communication expense,travel,transportation and subsistence away from Fort Worth and oth r mis�efrahe6 'b li46 es directly related to the work,including costs of laboratory analysis,tests and other work required to be done By In epen en persons cpm:3.5A 03-31-03 FNI Flworth/Keller www conversion OWNER EXHIBIT "B-3" (SUPPLEMENT TO ATTACHMENT "B") SUMMARY OF TOTAL PROJECT FEES DESIGN FEE COST DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD AND RIVERSIDE NORTH AREA (ANNEXATION A-00-02) D.O.E No.4210 Water Project No.P163-060163015121 Sewer Project No. P173-070173013123 Scope of Services Total Fee MWBE Fee % Water/Sanitary Sewer Design $150,052.00 $34,500.00 23.0% Proposed M/WBE Sub-consultants Services Fee % of Total Gorrondona& Associates, Inc. Survey $34,500.00 23.0% Proposed Non-MIWBE Sub-consultants Services Fee % of Total Reprographics Fort Worth Inc. Reproduction $1,513.00 1.0% EB3-1 EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT "B") SUMMARY OF TOTAL PROJECT FEES DESIGN FEE COST DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD AND RIVERSIDE NORTH AREA (ANNEXATION A-00-02) D.O.E No.4210 Water Project No. P163-060163015121 Sewer Project No.P173-070173013123 Scope of Services Total Fee MWBE Fee Prepare SWPPP $4,000.00 $0.00 0.0% Water/Sanitary Sewer Design $146,052.00 $34,500.00 23.6% Proposed M/WBE Sub-consultants Services Fee % of Total Gorrondona&Associates, Inc. Survey $34,500.00 23.0% Proposed Non-M/WBE Sub-consultants Services Fee % of Total Reprographics Fort Worth Inc. Reproduction $1,513.00 1.0% NJ Y li c.'�::?'t IL•�:?: . EB3A-1 � `� UN, � �: EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT "B") DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD AND RIVERSIDE NORTH AREA(ANNEXATION A-00-02) D.O.E. No. 4210 Water Project No. P163-060163015121 Sewer Project No. P173-070173013123 November 6, 2003 Mr. Tony Sholola, P.E. Consultant Services Division Department of Engineering City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102 Reference: DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD AND RIVERSIDE NORTH AREA (ANNEXATION A-00-02) D.O.E. No. 4210 Water Project No. P163-060163015121 Sewer Project No. P173-070173013123 Dear Mr. Sholola: We appreciate the opportunity to present this proposal and fee schedule for your consideration. Attached please find construction cost estimates, schedule, and exhibits depicting the scope of work. We propose to complete the proposed work in accordance with the following fee schedule. Estimated Construction Costs for All Improvements = $1,410,722 Basic Engineering Fee based on % of construction (T.S.P.E. Curve %) (TSPS Curve 7.35% X 0.85 = 6.25 %) $ 88,170 EB3A-2 Basic Services Total $88,170.00 Basic Design Fee (Water&Sewer) $87,609.00 Special Services Total $7,601.00 10% Mark-up for Subcontractors $3,601.00 Prepare SWPPP $4,000.00 Design Survey Total $34,500.00 Topographic Survey From Malabu Sun Dr. to Approx. 800 feet $17,000.00 North of Tarrant Pkwy. (3,600 linear feet @ $4.72 per foot) Topographic Survey From Malabu Sun Dr.to Fox Chase Dr. $4,000.00 (800 linear feet @ $5.00 per foot) Topographic Survey From 800' North of Tarrant Pkwy. to $13,500.00 Georgetown Place (2,900 linear feet @ $4.66) Construction Services Total $15,600.00 Prepare Addendums, Attend Bid Opening and Prepare Bid Tab $2,500.00 Assist City in Preparing &Conducting Pre Construction Meeting $500.00 Review submittals and shop drawings $5,000.00 Conduct Field Visits & Provide Technical Assistance $1,500.00 Conduct Final Inspection of Project with City&Contractor $1,000.00 Prepare (1) Set of Reproducible Record Drawings $5,100.00 Reproductions' Total $4,181.00 18 Sets of Preliminary Plans for Utility Clearance $389.00 2 Sets of Preliminary Plans $44.00 2 Sets of Preliminary Specifications $68.00 50 Sets of Construction Plans $1,080.00 50 Sets of Construction Specifications $1,700.00 1 Set of Mylars $450.00 1 Set of As-Built Drawings $450.00 ' Estmated total of 45 sheets. TOTAL LUMP SUM (Water Fee$85,210; Sewer Fee$64,281) $150,052.00 We will be using Gorrondona & Associates, Inc. for survey. This will result in a 23.0 % ($ 34,500) portion of the contract that will be performed by approved MWBE firms which will meet or exceed the target of 15 %. If you have any questions or require additional information, please call me. Sincerely, Freese and Nichols, Inc. <'�'�7?ter /✓�2,e,_L=' Thomas Haster, P.E. Principal EB3A-3 EXHIBIT "B-4" (SUPPLEMENT TO ATTACHMENT "B") SUMMARY OF OPINION OF PROBABLE CONSTRUCTION COST (Council District 2) DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD AND RIVERSIDE NORTH AREA (ANNEXATION A-00-02) D.O.E No. 4210 Water Project No. P163-060163015121 Sewer Project No. P173-070173013123 A. Old Denton Highway 1. Water - $610,291 2. Sewer - $420,431 B. W.W. Thopson 1. Water- $114,429 2. Sewer - $137,369 SUBTOTAL $1,282,520 10% CONTINGENCIES $128,252 TOTAL ESTIMATED CONSTRUCTION COST $1,410,772 TATAL WATER $797,192 (57%) TOTAL SEWER $613,580 (43%) GRAND TOTAL $1,410,772 EB4-1 EXHIBIT "B-5" ra ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST FREESE-NICHOLS DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD AND RIVERSIDE NORTH AREA(ANNEXATION A-00-02) ACCOUNT • ESTIMATOR CHECKED BY DATE 7F03041/FTWO/FW DGS RGK October 31,2003 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL WATER 1 16"water line along Old Denton Highway and W.W.Thompson Road 5,700 L.F. $55.00 $313,500 2 Air/Vacuum Valves&Vaults 4 E.A. $2,200.00 $8,800 3 Blowoff Valves&Vaults 4 E.A. $2,100.00 $8,400 4 16"Resilient Seat Gate Valves with Bypass 6 E.A. $6,500.00 $39,000 5 Ductile Iron Fittings 26 TON $3,100.00 $80,600 6 HMAC Permanent Pavement Repair 5,700 L.F. $27.00 $153,900 7 Fire H drants 20 E.A. $2,300.00 $46,000 8 1"Service Tap to Main 18 E.A. $700.00 $12,600 9 1"Copper Water Service 630 L.F. $14.00 $8,820 10 Furnish and Set Meter Box 18 E.A. $100.00 $1,800 14 Repair and hydro-mulch grass disturbed areas 5,700 L.F. $8.00 $45,600 16 Trench Safety 5,700 L.F. $1.00 $5,700 s '`off SUBTQ7:lL.": - �i 72 20 SEWER 1 8"S.S.Collector all depths) 4,300 L.F. $32.00 $137,600 2 12"S.S.Collector all depths) 2,400 L.F. $42.00 $100,800 3 4 ft manholes all depths) 22 E.A. $3,200.00 $70,400 4 Sanitary Service Tap 40 E.A. $750.00 $30,000 5 4"Sanitary Service Line 1,600 L.F. $20.00 $32,000 6 HMAC Permanent Pavement Repair 6,000 L.F. $28.00 $168,000 7 Repair and h dromulch grass disturbed areas 700 L.F. $8.00 $5,600 8 Post-Construction TV Inspection of Sanitary Sewer 6,700 L.F. $1.00 $6,700 9 Trench Safetx 6,700 L.F. $1.00 $6,700 =SUBTQ CAL .$ * 557 800 SUBTOTAL $1,282,520 CONTINGENCY 10.0% $128,252 PROJECT TOTALr (OFF03041]T:\Fort WortMAnnexation W&WM04 Exhibit 133 B4 B5.xls EB5-1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHEMENT A WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD AND RIVERSIDE NORTH AREA (ANNEXATION A-00-02) D.O.E. No. 4210 Water Project No. P163-060163015121 Sewer Project No. P173-070173013123 There are no changes and amendments to Standard Agreement and Attachment A. Attachment C, Page 1 TAFort Worth\Annexation W&WW\03 Exhibit B1 B2-Compensation Annexldoc ID Task Name 1 st Quarter 2nd Quarter Dec Jan Feb Mar I Apr may 1 Notice to Proceed 2 Design Phase 3 Pre-Engineering 4 Pre-Design Coordination Meeting 5 Data Collection 6 Coordination with Other Agencies 7 Preliminary Design 8 Survey 9 Prepare Preliminary Plans and Specifications 10 City Review and Approval of Preliminary Plans and Specific 11 Prepare Final Plans and Specifications 12 Advertise and Bid 13 Award Contract 14 Construction Scheduie.mpp I i V0 lr i I I i 3 ,1 ❑ 4 z NORTH TARRANT KWY PROPOSED 16" WATERLINE 0 w � J .lT O GG.IP' 1 ' bm� THOMPSON a ROAD yM arse _ 1 P 9 N ILD (COUNCIL DISTRICT 2) N PROPOSED 16" W.L. AT OLD DENTON ROAD AND THOMSON ROAD ATTACHMENT 'E" (SHEET 1) WATER SYSTEM 1MPROUMENTS SCALE:1 "=800' DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE WTR 2054-444 THOMPSON ROAD AND RIVESIDE NORTH AREA (ANNEXATION A-00-02) 2054-448 2060-444 MAPSCO 35D&H 4055 International Plaza•Suite 200 WTR PROJ. NO. P163-060163015121 ■ll Fort Worth, Texas 76109.4895 SWR PROJ. NO. P173-070173013123 817.735.7300 D.O.E. NO. 4210 FREESE•NICHOLS r � -2Q �— 5I I 3' •I !Ie Pe 9 .,zr PROPOSED 8" rLL-' SANITARY SEWER i 6 , COLLECTOR ' ° � • 3 � I 30 le I 19 2q 1 3 2 1 ""11 .Y rnZ.l I 1e$A19 Q i (IQAIA 0 Z 0 F— Z LJ 0 D O }9a ,Klee IA295 M"4 MM TR293 TRW2 1 ' THOMPSON ROAD .m N 5 M ER AI 59 = a o z ! z 5e ! m a 51 yl 1♦ ! a a 10 QO Y e 71 to la q 0 ! C (COUNCIL DISTRICT 2) N PROPOSED 8" SEWER LINE AT OLD DENTON ROAD AND THOMSON ROAD ATTACHMENT I— (SHEET 2) SEWER SYSTEM IMPROI/MENTS SCALE:1 "=500' DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE WTR 2054-444 THOMPSON ROAD AND RIVERSIDE NORTH AREA (ANNEXATION 2054-4482060-444 A-00-02) MAPSCO 35D&H 4055 International Plaza•Suite 200 WTR PROJ. NO. P163-060163015121 Nam �NICHOLS Fort Worth, Texas 76109.4895 SWR PROJ. NO. P173-070173013122 817.735.7300 D.O.E. NO. 4210 FREESE• i I i ' I � Q 0 1 ry z ( 15- z I O15' - 15' O WHi1E 15' PROPOSED 12" V SANITARY SEWER ! \ 1 IS' COLLECTOR st p0� H?A? > I PROPOSED 8" 39J SANITARY SEWER iRI. =J !;o 9 � I �0 5 16 iPl i p� 2 �—j9 I I COLLECTOR �E� (COUNCIL DISTRICT 2) N PROPOSED 12" SEWER LINE AT OLD DENTON ROAD ATTACHMENT "E" (SHEET 3) SEWER SYSTEM lMPROI/MENTS SCALE:1 "=500' DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE WTR 2054-444 THOMPSON ROAD AND RIVERSIDE NORTH AREAANNEXATION A-00-02 2054-448 AREA (ANNEXATION 2060-444 MAPSCO 35D&H 4055 International Plaza•Suite 200 WTR PROJ. NO. P163-060163015121 m, Fort Worth, Texas 76109.4895 SWR PROJ. NO. P173-070173013123 817.735.7300 D.O.E. NO. 4210 FREESE-NICHOLS City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/23/2004 DATE: Tuesday, March 23, 2004 LOG NAME: 30THOMPSON REFERENCE NO.: **C-20003 SUBJECT: Engineering Agreement with Freese and Nichols, Inc. for Water and Sanitary Sewer Improvements to Serve the Thompson Road and Riverside North Area (Annexation A-00-20) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with Freese and Nichols, Inc. in the amount of $150,052 for water and sewer improvements to serve the Thompson Road and Riverside North area (Annexation A-00-20). DISCUSSION: On January 9, 2001, the City Council approved.Ordinance No. 14453 for the annexation of 122.0 acres of land out of the William McCowan Survey, Abstract No. 999, and the Charles C. Whyte Survey, Abstract No. 1611, Tarrant County, Texas (Annexation Case No. A-00-20). The engineering services to be performed under this contract consist of the preparation of plans, and specifications for the extension of approximately 5,700 linear feet of 16-inch water pipe and 6,700 linear feet of 8 and 12-inch sanitary sewer pipe in order to provide water and sanitary sewer services to the annexed area. The location of the proposed improvements is shown on the attached location map. Freese and Nichols, Inc. proposes to perform the design for a lump sum fee of $150,052. Staff considers this fee to be fair and reasonable for the scope of services proposed. Freese and Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 23% participation. The City's goal on this project is 15%. In addition to the contract amount, $6,000 ($4,000 water; $2,000 sewer) is required for project management by the Engineering Department. This project is located in COUNCIL DISTRICT 2, Mapsco 35C, G and H. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Project Fund. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/24/2004 rage L,vi a TO Fund/Account/Centers FROM Fund/Account/Centers P163 531200 060163015121 $85,210.00 P173 531200 070173013123 $64,281.00 Submitted for City Managers Office by Marc Ott (8476) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: A. Douglas Rademaker(6157) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/24/2004