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HomeMy WebLinkAboutContract 31257 `ITY SECRETARY 'ONTRACT NO. CITY OF FORT WORTH, TEXAS-,'_7-05Ab$ :55 RCVO STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY'), and Parsons Water & Infrastructure, Inc., (the "ENGINEER"), for a PROJECT generally described as.- Water s:Water and Sanitary Sewer Main Replacements on Throckmorton Street and 14"' Street. 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 Terns 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 becaus su suspension of services. 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 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 f_ ; Page 3 of 14 n - 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 provi ewe, ENGINEERING CONTRACT L Page 4 of 14 7� %f =� 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 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. 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-0f-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, attorneys 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. 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 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 Executed this the :t -` day of ll 2005. ATTEST: ITY FO WO B : Marty Hendrix Marc.rA. tt City Secretary Assistant City Manager (" - -r-) T ` r) APPROVAL RECOMMENDED Ccntr'acL uthoriaation A. Douglas Rademaker, P.E. Director, Engineering Department APPROVED AS TO FORM AND LEGALITY Assistant City Attorney PARSONS WATER & INFRASTRUCTI IRF, INC; ENGINEER ATTEST: By- X Marvin Williams Vice President ENGINEERING CONTRACT Page 14 of 14 ATTACHMENT "A" General Scope Qf 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." N RA 1) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed street, and storm drain and/or water and wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechnical Investigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable 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 Engineers recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross-sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four(4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. -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. -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: WATER AND/OR SANITARY SEWER IMPROVEMENTS The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes engineering services for water and/or sanitary sewer improvements for the following: Water and Sanitary Sewer Replacements on Throckmorton Street and 14'" Street Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PART A— PRE-ENGINEERING 1. Initial Data Collection a. Pre-Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated. These include the following: One (1) pre-design kick-off meeting, (including 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 plans, property ownership as available from the Tax Assessor's office. EA1-1 Rev 09/27/04 The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the Engineer with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the Engineer will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the Engineer shall delay the design of the sewer service line until after the start of construction. The CITY will then direct the Contractor to de-hole the service line at the clean-out location of all buildings or structures so that the Engineer's surveyor can determine the flow line of the sewer service line. The Engineer shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. 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. Schedule Submittal and Monthly Progress Report The ENGINEER shall submit a progress schedule after the design contract is fully EA1-2 Rev 09/27/04 executed. The schedule shall be updated and submitted to the CITY along with monthly progress reports as required under Attachment B of the contract. PART B -CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering i. Surveys for Design a. ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information which will be needed for use by the ENGINEER in design and preparation of plans for the project. The topographic survey shall extend from 14' St. to 11' St. along Throckmorton St., along 14t' St. from Throckmorton St. to Houston St., and along 11 th St. from Throckmorton St. to Houston St. The topographic survey will extend 25 feet beyond the curb returns of intersecting side streets. The survey will locate all visible features such as concrete, power poles, asphalt, water valves, telephone risers, trees, fences, curbs, buildings, grade breaks, sidewalks, driveways, and lights. In addition, information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, and other features relevant to the final plan sheets. For sewer lines located in alleys or backyards, ENGINEER will obtain the following: Obtain permission for surveying through private property. Locate horizontal and vertical alignment of utility lines. Tie improvements, trees, fences, walls, etc., horizontally along rear lines in an approximately 50' 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"-40' scale. Obtain permission for surveying through private property. Locate horizontal and vertical alignment of utility lines, existing utilities, trees, fences, walls, etc., horizontally along rear lot lines in an EA1-3 Rev 09/27/04 1 approximately 20' wide strip. In addition, locate all rear house corners and building corners in backyards. Compile base plan from field survey data at 1" = 40' horizontal and 1" = 4'vertical scale. When conducting design survey 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 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 colleted generated during the course of the project shall become the property of the CITY. The minimum information to be provided in the plans shall include the following: 1. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: 2. The following information about each Control Point; a. Identified (Existing City Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only. EAl-4 Rev 09/27/04 C. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast comer of North Side Drive and North Main Street). 3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control Points. 4. No less than two bench marks plan/profile sheet. 5. Bearings given on all proposed centerlines, or baselines. 6. Station equations relating utilities to paving, when appropriate. 7. Obtain the "foot print" of all properties where the sanitary sewer service line is to be relocated or rerouted. ii. Subsurface Utility Investigation Subsurface Utility Engineering services will be provided in accordance with ASCE Publication Cl/ASCE 38-02. Quality Level D information will be derived from existing records from the following entities and by contacting the appropriate "one call" agency. • Fort Worth Water Department • Fort Worth T&PW (Street Management Permits) • Fort Worth T&PW (Street Lights/Traffic Signals) • Southwestern Bell Telephone Company • AT&T • MCI Worldcom • Verizon • Charter Communications • Millennium Telecom • TXU Gas • TXU Electric • Western Union • Other Fiber Optic Companies Quality Level B will provide the approximate horizontal position of EA1-5 Rev 09/27/04 the subsurface utilities using non-destructive surface geophysical methods to locate metallic or conductive utilities such as steel pipe, electric cable, and telephone cables, and rodding and probing to locate non-metallic and non-conducting utilities. Quality Level C, which is the survey of the above-ground utility features, will be provided as part of the Surveys for Design services. Where subsurface utility conflicts are possible, Quality Level A services will be provided to locate the utility in 3 dimensions to determine the horizontal alignment and vertical depth of the utility. Non-destructive vacuum excavation equipment will be used to expose subsurface utilities for up to 10 test holes. AutoCAD drawings of the utility location, type, and size will be provided. iii. Geotechnical Investigation The geotechnical investigation will include 2 — 3 borings along the sewer line alignment up to 45-feet deep. The deep borings will be used for both open cut and tunneling (if necessary) recommendations. The borings will be used to investigate the subsurface stratigraphy and to obtain samples for testing. Sampling will be performed continuously to 10 feet and at 5-foot intervals below 10 feet. Field testing will include pocket penetrometer in the cohesive solids, Standard Penetration Test in the cohesionless soils, and Rock Quantity Designation and percent recovery for rocks. Laboratory testing will include unconfined compression, moisture content, liquid limit, plastic limit, and particle size analysis. Results of the field and laboratory data will be used to develop design recommendations for the sewer line. iv. Public Notification 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. FA1-6 Rev 09/27/04 a V. Conceptual Engineering Pian Submittal a. Conceptual plans shall be submitted to City 60 days after Notice to Proceed Letter is issued. 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. However, ENGINEER shall not be required to perform a drainage study for the affected area, nor provide any design services for drainage or storm water conveyance. All design shall be in conformance with Fort Worth Water Department policy and procedure for processing water and sewer design. ENGINEER shall review the City's water and sewer master plan, other pertinent design information and provide a summary of findings pertaining to the proposed project. 2. Preliminary Engineering Upon approval of Part S, Paragraph v (b), 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 on 22" x 34" sheets which show the following: Proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes etc., related appurtenances and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition EA1-7 Rev 09/27/04 A ,• 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 under Part B, Paragraph b. Conflicts shall be resolved where pipelines are to be rehabilitated on the same line segment. Base sheets shall reference affected or adjacent streets. Where open-cut and trenchless technology construction is anticipated, below and above ground utilities will be located and shown on the base sheets. d. Existing utilities and utility easements will be shown on the plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to determine if any future improvements are planned that may impact the project. e. The design for sewer service line reroutelrelocation will be provided if the flow line elevation of the sewer service can be determined from the cleanout location. If this elevation cannot be determined during design survey, the design shall be provided after award of the construction contract as specified in Part A, Paragraph 'I b. f. The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of- way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. g. The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-Section EAl-B Rev 09/27/04 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. h. Right-of-Way Research The ENGINEER will conduct preliminary research for availability of existing easements where open-cut construction or relocation of existing alignments is probable. Temporary and permanent easements will be appropriated based on available information and recommendations will be made for approval by the City. 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 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. EAl-9 Rev 09/27/04 k. Preliminary construction plan submittal i. Preliminary plans and specifications shall be submitted to City 30 days after approval of Part B, Paragraph v (b). 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 General Notes/Legand Easement layout (if applicable) Abandonment 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. Public Meeting After the preliminary plans have been reviewed and approved by the City, the ENGINEER shall prepare project exhibits, provide the CITY with the database listing the names and addresses of all residents and business to be affected by the proposed project, and attend public meeting to help explain the EAI-10 Rev 09/27/09 proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. 3. Final Construction Plan Submittal a. Final Construction Documents shall be submitted to CITY 23 days after approval of Part B, Paragraph 2 k. Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents to CITY (each plan sheet shall be starriped, dated, and signed by the ENGINEER registered in State of Texas) and submit two (2) sets of plans and construction contract documents within 15 days of CITY's final approval. Plan sets shall be used for Part C activities. b. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shall submit a final estimate of probable construction cost with the final plans submitted. C. Mylar Submittals The ENGINEER shall submit a final set of mylar drawings for record storage as follows: 1. Water and sanitary sewer plans shall be submitted as one set of plans. Water and sanitary sewer plans shall be separate from paving and drainage plans. All sheets shall be standard size (22" x 34") with all project numbers (Water/Sanitary Sewer and T&PW) prominently displayed. 2. For projects where paving/grating/drainage improvements occur on a Water Department funded project with no T&PW funding involved, a separate set of mylars with cover sheet shall be submitted for T&PW. 3. Signed plans shall also be submitted in PDF format in 6.0 Adobe Acrobat for the Water/Sanitary Sewer plans as follows: EA1-11 Rev 09/27/04 Water and sewer File format would be X-00000 (file no.)_(underscore) org (original) 00 (# of sheets) Example: X-35667_org36 Plans shall be scanned as one file or book and not each page scanned and named separately. 4. For information on the proper manner to submit PDF files and to obtain a file number for the project, contact the Department of Engineering Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the DOE number and proper fund codes have been assigned and are in the Department of Engineering database. PART C - PRE-CONSTRUCTION ASSISTANCE Administration a. Deliver Bid Documents The ENGINEER will make available for bidding, upon request by the CITY, up to fifty (50) 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 this phase including preparation and delivery of any additional addenda prior to bid opening to plan holders and respond to questions submitted to DOE by prospective bidders. Engineer shall attend the scheduled pre-bid conference. The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening, and review the bid tabulations prepared by the City. EAl-12 Rev 09/27/04 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. BA1-13 Rev 09/27/04 ATTACHMENT"B" COMPENSATION SCHEDULE Water and Sanitary Sewer Replacements on Throckmorton Street and 14th Street City Project No. 00136 I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of$81,319.98 for Basic and Special Services as summarized in Exhibit"13-3". Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A"and Exhibit "A-1"for all labor, materials, supplies and equipment necessary to complete the project. B. Subcontractor cost shall be reimbursed at the actual invoice cost plus 10%. C. The ENGINEER shall be paid in monthly partial payments as described in Exhibit "13-1" upon receipt of invoices submitted by the ENGINEER, based on an estimate of the percentage of completion of the project, not to exceed the milestone limits described on Exhibit "13-1". II. Schedule A. Design schedule is included as Attachment D. EXHIBIT B-1 (SUPPLEMENT TO ATTACHMENT B) METHOD OF PAYMENT Water and Sanitary Sewer Replacements on Throckmorton Street and 14th Street City Project No. 00136 I. Method of Payment The ENGINEER shall be paid monthly upon receipt of an invoice on the basis of statements prepared from the books and records of account of the ENGINEER, based on the ENGINEER'S estimate of the percentage of completion of the project, such statements to be verified as to accuracy and compliance with the terms of this contract by an officer of ENGINEER. Payment according to statements will be subject to certification by the Director of the Department of Engineering or his authorized representative that such work has been performed. The aggregate of such monthly partional payments shall not exceed the following: Until satisfactory completion of Exhibit A-1, Part B, Section 1 hereunder, a sum not to exceed 30 percent of the lump sum fee. Until satisfactory completion of Exhibit A-1, Part B, Section 2 hereunder, a sum not to exceed 60 percent of the lump sum fee. Until satisfactory completion of Exhibit A-1, Part B, Section 3 hereunder, a sum not to exceed 90 percent of the lump sum fee. Balance of earnings to be due and payable upon delivery to the City of plans and bid documents for advertising as described in Exhibit A-1, Part C. Note: If the ENGINEER determines in the course of making design drawings and specifications that the construction cost estimate of$447,242.62 as estimated in Exhibit"B-4"will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the CITY's Director of the Department of Engineering and, if so instructed by the Director of the Engineering Department shall suspend all work hereunder. PARSONS Exhibit "B-2" SCHEDULE OF PROFESSIONAL RATES Effective January 1,2004 Applicable to services furnished on a per-hour basis Billing Hourly Classification Billing Code Classification Rate Project managers/technical directors 10 Principal project manager/technical director $165.60 11 Senior project manager/technical director 137.80 12 Project manager/technical director 122.50 Engineers 20 Supervising engineer 127.40 21 Principal engineer 107.70 22 Senior engineer 89.70 23 Engineer 75.10 24 Associate engineer 62.40 Scientists 30 Supervising scientist 119.10 31 Principal scientist 94.50 32 Senior scientist 79.10 33 Scientist 65.80 34 Associate scientist 56.50 Technical and support specialists 40 Supervising specialist 76.20 41 Senior specialist II 61.10 42 Senior specialist I 48.80 43 Specialist III 42.40 44 Specialist lI 38.80 45 Specialist I 33.40 Engineer/scientist classifications may embrace other disciplines. This schedule of professional rates is subject to revision annually. These billing rates cover salary costs, employee benefits, ordinary overhead, and profit. They also cover in-house charges for personal computers (other than CAD and GIS), word processing equipment, and routine communications(including long-distance telephone and fax). Costs for other company-owned or leased equipment (such as specialized field equipment and photocopies) are charged at our standard rates for such equipment. Other direct costs incurred, such as job supplies, transportation, meals, lodging, etc., will be billed at cost plus 10 percent. For services furnished by senior officers on direct assignments, such as special consultation, expert witness, etc., per- day or per-hour compensation may be negotiated. An interest charge of 1.0 percent per month will be added to invoices not paid within 30 days. no 4 II EXHIBIT B-3 (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF DESIGN FEES Water and Sanitary Sewer Replacements on Throckmorton Street and 14th Street City Project No. 00136 Estimated Construction Costs Water Line Extension $ 93,475.71 Sewer Line Extension $353,766.91 TOTAL $447,242.62 1. Basic Engineering Fee Based on %of Construction (T.S.P.E. Curve) Water Line Extension (8.75%)(0.85) _ $6,952.26 Sewer Line Extension (8.75%) (0.85) _ $26,311.41 Total Basic Engineering = $33,263.67 Basic Engineering (% of Construction Cost) $33,263.67 Special Services Sewer Hydraulic Capacity Investigation $5,002.00 Public Meeting $800.00 Pre-Construction Assistance $400.00 Utility Investigation $18,500.00 Surveying $ 6,500.00 Geotechnical Investigation $11,705.00 10%for Subconsultant $ 3,670.50 Reproduction* $ 1,478.81 *Estimated using. 10 sheets per plan LUMP SUM PRICE $ 81,319.98 We will be using Gorrondona and Associates for surveying, Quality Utility Engineering for the utility investigation, and HVJ Associates, Inc. for the geotechnical investigation for a total M/WBE Participation of 45%. EXHIBIT"B-3A" (Supplement to Attachment B) SUMMARY OF TOTAL PROJECT FEES City Project No.: 00136 Consulting Firm Prime Responsibility Amount Percent Prime Consultant: Parsons $43,136.17 53.04% M/WBE Consultants: Gorrondona &Associates, Inc Surveying $6,500.04 7.99% Quality Utility Engineering Utility Investigation $18,500.00 22.75% HVJ Associates, Inc. Geotechnical $11,705.00 14.39% Non-M/WBE Consultants: Thomas Reprographics Reproduction $1,478.77 1.82% Total for Professional Services $81,319.98 100% Proiect Description Scope of Services Total Fee M/WBE fee Percent Engineering Services Water and Sewer $81,319.98 $36,705.04 45% The 45%for MWBE Services provided exceeds the City's 20% goal for this project. a EXHIBIT"B-36" (Supplement to Attachment B) SUMMARY OF TOTAL PROJECT FEES City Project No.: 00136 Basic Design Fee (Construction Cost X ASCE Curve"A"X 85%) Water Improvements = $6,952.26 Sanitary Sewer Improvements = $26,311.41 Basic Services Total = $33,263.67 Water Design Fee Water Basic Design Fee = $6,952.26 Water Survey Fee = $1,354,18 Water Additional Services Fee = $1,346.44 Total Water Fee = $9,652.87 Sewer Design Fee Sewer Basic Design Fee = $26,311.41 Sewer Survey Fee = $5,145.87 Sewer Additional Services Fee = $40,209.84 Total Sewer Fee = $71,667.11 Total Design Fee (Water/Sewer) _ $81,319.98 4 EXHIBIT "B-3B-1" (Supplement to Attachment B) SUMMARY OF TOTAL PROJECT FEES City Project No.: 00136 SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE) A. SUMMARY OF TOTAL FEE Service Description Water Sewer Total Engineering Services & Additional Services $8,298.70 $66,521.25 $74,819.94 tDesi n Surve $1,354.18 $5,145.87 $6,500.04 otal 1 $9,652.87 $71,667.11 $81,319.98 B. BREAKDOWN OF WATER AND SEWER FEES (LESS SURVEY FEES) 1. Total Water Fee (less survey fee) Breakdown by Concept, Preliminary, and Final Design a. Concept (30%) = (Total Water Fee-Water Subcontract Fee) x (0.3) _ $2,489.61 b. Preliminary(60%) = (Total Water Fee-Water Subcontract Fee)x (0.6) _ $4,979.22 c. Final (10%) =(Total Water Fee-Water Subcontract Fee) x (0.1) _ $829.87 2. Total Sewer Fee (less survey fee) Breakdown by Concept, Preliminary, and Final Design a. Concept(30%) = (Total Sewer Fee-Sewer Survey Fee)x (0.3) _ $19,956.37 b. Preliminary(60%) = (Total Sewer Fee -Sewer Survey Fee)x (0.6) _ $39,912.75 c. Final (10%)_ (Total Sewer Fee -Sewer Survey Fee)x (0.1) _ $6,652.12 EXHIBIT"B-3C" (Supplement to Attachment B) FEES for SUBCONTRACT SERVICES City Project No.: 00136 Subcontract Services Water Topographic Surveys 250 LF X $5.42 = $1,354.18 Subtotal Water Survey Fee = $1,354.18 Sanitary Sewer Topographic Surveys 950 LF X $5.42 = $5,145.87 Subtotal Sewer Survey Fee $5,145.87 Total for Survey Fees $6,500.04 EXHIBIT"B-3D" (Supplement to Attachment B) ADDITIONAL SERVICES City Project No.: 00136 Water Improvements Public Meeting = $160.00 Pre-Construction Assistance = $80.00 Printing and Reproduction $739.39 Administrative (10%)fee for Subconsultants $367.05 Water Additional Services Subtotal $1,346.44 Sewer Improvements Utility Investigation (10 Test Holes + Elevation Survey) _ $18,500.00 Geotechnical Investigation = $11,705.00 Sewer Hydrualic Capacity Investigation = $5,002.00 Public Meeting = $640.00 Pre-Construction Assistance = $320.00 Printing and Reproduction = $739.39 Administrative (10%)fee for Subconsultants = $3,303.45 Sewer Additional Services Subtotal $40,209.84 Water and Sewer Additional Services Total - $41,556.27 o EXHIBIT "B-3E" (Supplement to Attachment B) FEE FOR REPRODUCTION SERVICES City Project No.: 00136 Printing & Reproduction Preliminary Plans 4 Sets of Const Plans 10 Sheets per set = $34.91 2 Sets of Specifications 100 Sheets per set = $18.45 Franchise Utility Locations 15 Sets of Const Plans 10 Sheets per set = $143.70 Final Plans 5 Sets of Const Plans 10 Sheets per set = $68.17 2 Sets of Specifications 230 Sheets per set = $27.71 Bid Sets 50 Sets of Const Plans 10 Sheets per set = $399.47 50 Sets of Specifications 230 Sheets per set = $653.80 Mounted Plan for Meeting 1 Plan 1 Sheet = $26.25 Final Mylars 1 Set of Const Plans 10 Sheets per set = $106.31 Printing & Reproduction Subtotal: _ $1,478.77 Water Improvements: (50%) _ $739.39 Sewer Improvements: (50%) _ $739.39 e EXHIBIT"134" CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COSTS CITY OF FORT WORTH DEPARTMENT OF ENGINEERING WATER LINE SUMMARY Pay Item Quantity Unit Item Description Unit Price Amount 1 300 LF 12"DI Pie $116.55 $34,965.00 2 15 LF 8"DI Pie $92.80 $1,392.00 3 2 EA 12"Gate Valve with Box $1,579.21 $3,158.42 4 2 EA 12"Service Taps $2,500.00 $5,000.00 5 1 EA 8"Gate Valve with Box $845.51 $845.51 6 1 EA 8"Service Taps $2,000.00 $2,000.00 7 1 TON Fittings $4,000.00 $4,000.00 8 1 EA Fire Hydrant $2,900.00 $2,900.00 9 1 EA Service Meter w/box $405.28 $405.28 10 315 LF Trench Safe $1.05 $330.75 11 150 LF Curb and Gutter Replacement $29.631 $4,444.50 12 50 SY Sidewalk Replacement $50.87 $2,543.50 13 315 LF Temporary Pavement Replacement $45.56 , $14,351.40 14 1 EA Traffic Control Implementation $8,641.56 $8,641.56 Water Line Subtotal $84,977.92 10%contingent $8,497.79 TOTAL WATER LINE COSTI $93,475.71 SEWER LINE SUMMARY Pay Item Quantity Unit Item Description Unit Price Amount 1 1100 LF 16"PVC Sewer Pipe Open Cut $148.98 $163,878.00 2 15 LF 8"PVC Sewer Pipe Open Cut $131.37 $1,970.55 3 3 EA Standard Manhole $2,096.29 $6,288.87 4 3 EA Drop Manhole $3,018.66 $9,055.98 5 11 VF Additional Depth over 6' std manhole $204.04 $2,244.44 6 16 VF jAdditional Depth over 6'(drop manhole $245.97 $3,935.52 7 6 EA lWatertight Insert $122.98 $737.88 8 6 EA Concrete Collar $349.38 $2,096.28 9 67 VF Interior Manhole Protective Coating $218.01 $14,606.67 10 6 EA Manhole Vacuum Test $181.68 $1,090.08 11 2 EA Remove Manhole $594.111 $1,188.22 12 500 LF Abandon Line $30.00 $15,000.00 13 1115 LF Asphalt Paving Repair $45.56 $50,799.40 14 500 SY ISidewalk Repair $50.87 $25,435.00 15 170 LF Curb and Gutter Repair $29.63 $5,037.10 16 1115 LF Post-Construction Video $1.96 $2,185.40 17 1115 LF Trench Safety System $1.08 $1,204.20 18 4 EA Cut and Plug Existing Line $1,485.27 $5,941.08 19 1 EA Traffic Control Implementation $8,911.61 $8,911.61 Sanitary Sewer Subtotal $321,606.28 10%contingency $32,160.63 TOTAL SANITARY SEWER COST $353,766.91 TOTAL WATER LINE AND SANITARY SEWER COST $447,242.62 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A None ATTACHMENT "D-1" Schedule City of Fort Worth DOE: 4657 CityProject No. 00136 PROJECTED ACTUAL ID ITask Name I Duration I Start Finish Duration Start Finish 1 Notice to Proceed 1 day Mon 01/03/05 Mon 01/03/05 2 Project Kick-Off Meeting 1 day Wed 01/05/05 Wed 01/05/05 3 To o rahic Survey 20 days Mon 01/03/05 Fri 01/28/05 4 Utility Investigation 20 days Mon 01/03/05 Fri 01/28/05 5 Geotechnical Investigation 20 days Mon 01/17/05 Fri 02/11/05 6 Prepare Conceptual Plans 10 days Mon 02/14/05 Fri 02/25/05 7 Submit Conceptual Plans 1 day Mon 02/28/05 Mon 02/28/05 8 City of Fort Worth Review 5 days Mon 02/28/05 Fri 03/04/05 9 Conceptual Plans Review Meeting1 da Mon 03/07/05 Mon 03/07/05 10 Revise&Submit Conceptual Plans 3 days Tue 03/08/05 Thu 03!10/05 11 Fort Worth Approval of Conceptual Plans 1 da Fri 03/11/05 Fri 03/11/05 12 Prepare PreliminaryConstruction Plans 20 days Mon 03/14/05 Fri 04/08/05 13 Submit Prelimary Construction Plans 1 day Mon 04/11/05 Mon 04/11/05 14 City of Fort Worth Review 10 days Mon 04/11/05 Fri 04/22/05 15 Preliminary Plans Review Meeting 1 day Mon 04/25/05 Mon 04/25/05 16 Revise&Submit Preliminary Plans 4 days Tue 04/26/05 Fri 04/29/05 17 Fort Worth Approval of Preliminary Plans 5 days Mon 05/02/05 Fri 05/06/05 18 Nei hborhood Meeting 1 day Wed 05/11/05 Wed 05/11/05 19 Prepare Final Construction Plans 10 days Mon 05/09/05 Fri 05/20/05 20 Submit Final Construction Plans 1 day Mon 05/23/05 Mon 05/23/05 21 City of Fort Worth Review 5 days Mon 05/23/05 Fri 05/27/05 22 Incorporate Final Comments 5 days Mon 05/30/05 Fri 06/03/05 23 Submit Final Plans and Specifications 1 day Mon 06/06/05 Mon 06/06/05 24 Franchise Utility Relocations 40 days Mon 06/06/05 Fri 07/29/05 25 Circulate Plans for Signature 5 days Mon 06/06/05 Fri 06/10/05 26 Advertise Project 1 day Thu 06/16/05 Thu 06/16/05 27 Advertisement Period 15 days Thu 06/16/05 Fri 07/01/05 28 Open Bids 1 day Fri 07/01/05 Fri 07/01/05 29 M&C Circulation Process 15 days Fri 07/01/05 Fri 07/15/05 30 Council Award 1 day Tue 07/19/05 Tue 07/19/05 31 Execute Contract Documents 3 days Wed 07/20/05 Fri 07/22/05 32 Preconstruction Meeting 1 day Mon 07/25/05 Mon 07/25/05 33 Utility Construction 60 days Mon 08/01/05 Fri 10/14/05 34 Final Inspection 1 day Mon 10/17/05 Mon 10/17/05 U 0 0 M IM (D < V) U) m + 43) Wo 'ffi C: E U) a) LL w w 0 C c CODIn m NLu--- ---------------------------------------------- ------------- ------------------- c 0 LO LrLr :Lo in Lo LD L0 LC . f AcUf to u * 0 2E5 ( C0S8CR CCC2 Lo Lo Lo C E 3 � 8 .2Lr> Lo u) C3 M P.- cl) o co r N N -T -1 'Ir '-T U) U) LO LO co sm c "C LL. 0 M 0 a) c .LL 0 =3 LL c LL �u- �; 2 a) U- 0 LL LL LL 3 :LL LL AL LL 0 �c :LL 0 LL 0 LL C� CN ado Ez2 E -r-t5 LID to LO Loo o In o o Uo fULo) O O 0 ) uUInr '0 fu in E C 0 D c Q R c U) O co oCOo to 'CO Lo E V C a C C'l a sC" !C' �;5 C c LO c Lo LO 0 0 CD 2 0 0 2 LL 0 0 0 D 2 0) 2 0 0 0 0 .0 .0 N EO U) U) (n a) 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( / \ _ �� » m : � n , «G § e e o :o e :e .e c _JOE a a L . � o E « �/k � ® ® ƒ / r— a m 0- ƒ / I ± % ) ' 3 / $ ` A �/ �k / ( : / ƒ § \{ 2 2 ] 2 2 { \ 2 2 - \ | K } \ / / I § b � . £ e 6 3 Q _ c 9 � J :8 ® e & � .4 .= � 0 / & / : ƒ /3 - ------ f§ C) U)��������.��� a 7a CO qC> § R g G 7 2 - � ac n a•r ;�t ((��• { te OR dO u � A MR ` • J �: �� 48 � �;�.•.�e tor+ � f t� F. r as 4-' 1' Proposed �• ri.: ! i �• 12" Water Line , ''� iA i t k ' ti _ flCX sY}`LiJ awmw Mo Dip Attachment "E" (Council District 9) LDLD W CITY MAP 2054-392 a MAPSCO 77A Y PROJECT No. 00136 V PARSONS Proposed Water Line SCALE:1•=300 ,a 1. IFN I 1-1\ I AD LCL cn— x AZ _5 _'.1>< 2._ +rt•� Y� mrd trCA,�',. �.• i- ��� 2 � `� ��-. � 1 41 . X42 S� 4' 6R. Ip jr I �Ip _ �T s t-° i• Sl:� ' (y� r4/`rOnv' C�unCy 18 1 �8� �� +�\ 4+42E �T'G7�P . `� A�y C.^•a,entiorr Ctnl.tr i • j \ F' :` \' 1 `; a� Proposed tib ` ti �+%" � Sewer Line �—1�.�✓ �.,� �� 8 � �� I �G; �za Abandonment ' CI G A �4,, 9t-. J i x . -C ♦� ��3 15 SC-Yf ` 3Q-45 Proposed 16" PVC Sewer S.. C.. - 9+91E 1.7� $*,7 y C. 4r18E+ J Attachment "E" (Council District 9) 3 CITY MAP 2054-392 MAPSCO 77A PROJECT No. 00136 Proposed Sewer Line SCALE: 1"=300 PARSONS Sewer Line to be Removed rage i or .) City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/4/2005 -Ordinance No. 16256 DATE: Tuesday, January 04, 2005 LOG NAME: 30THROCK00136 REFERENCE NO.: **C-20470 SUBJECT: Adopt Appropriation Ordinance and Authorize Execution of Engineering Agreement with Parsons Water and Infrastructure, Inc. for Water and Sanitary Sewer Main Replacements on Throckmorton Street and 14th Street (City Project 00136) RECOMMENDATION: It is recommended that the City Council authorize the City Manager: 1) Authorize the transfer of $100,296.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of$15,429.00 and Sewer Capital Project Fund in the amount of $84,867.00; 2) Adopt the attached appropriation ordinance increasing estimated receipts and appropriation from the Water Capital Project Fund in the amount of$15,429.00 and the Sewer Capital Project Fund in the amount of$84,867.00, from available funds; and 3) Authorize the City Manager to execute an engineering agreement with Parsons Water and Infrastructure Inc. in the amount of $81,319.98 for water and sanitary sewer main replacements on Throckmorton Street and 14th Street. (City Project 00136) DISCUSSION: The engineering agreement consists of the preparation of plans and specifications for the installation of a 12-inch water main on 14th Street from Throckmorton Street to Houston Street and a 16-inch sanitary sewer main on Throckmorton Street from 11th Street to Lancaster Avenue. This project is necessary in order to abandon the existing water and sanitary sewer line located on 13th Street from Houston Street to Throckmorton Street. The identified segment of 13th Street will be vacated to allow for the construction of the proposed Fort Worth Convention Center Hotel. The locations of the proposed water and sanitary sewer improvements are shown on the attached location maps. Parsons Water and Infrastructure, Inc. proposes to perform the necessary design work for a lump sum fee of$81,319.98. City staff considers this fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $18,976.00 (water: $5,776.00; and sewer. $13,200.00) is required for project management by the Engineering Department. Parsons Water and Infrastructure, Inc. is in compliance with the City's M/WBE Ordinance by committing to 22% M/WBE participation. The City's goal on the project is 20%. http://www.cfwnet.org/council_packet/Reports/mc_rint,asp 1/5/2005 rage/-ui a a The project is located in COUNCIL DISTRICT 9, Mapsco 77A. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Water and Sewer Capital Project Funds. TO Fund/Account/Centers FROM Fund/Account/Centers 1&2). 1 P) E45 538070 609020 $15,429.00 P253 472045 609170013600 X15,429.00 — -- 18�2Z 31 $350.00 84 867.00 P253 531350 609170013620 P258 472045 709170013600 3 --� 1313.00 P253 531350 609170013631 P253 531350 609170013610 $350. 31 00 21 P253- 531350 609170013610 350.00 P253 531350 609170013620 $350.00 --- 1)PE45 5380_70 709020 $84,867.00 21 P253 531350 609170013631 $"313'00 2,490.00 P253 531200 609170013631 P253 531200 609170013631 $2,490.00 625 , . $200 P253 531350 609170013632 — 2 625.00 31 P253 531350 609170013632 P253 531200 609170013632 $4,979.00 $4,979.00 31 P253 531200 609170013632 P253 531350 609170013633 438.00 P253 531350 609170013633 $438.00 253 531200 609170013633 830.00 2 — — P253 531350 609170013633 $830.00 P253 531200 609170013651 $11,354.00 P253 531200 609170013651 $J 354.00 253 531350 609170013660 350.00 P253 531350 609170013660 $350.00 $ 50.00 — P253 533010 6091_70013681 350.00 21 P253 533010 609170013681 P258 531350 709170013610 X800.00 2)P258 531350 70_917003610 $800.00 P258 531350 709170013620 800.00 P258 531350 709170013620 $$00.00 - 58 531350 709170013631 31 X 2 000.00 P258 531_350 709170013631 $3,000.00 — 3 2) P258 531200 709170013631 $19,956.00 P258 531200 709170013631 $19,956.00 31 — $6,000.00 258 531350 709170013632 P258 531350 70_9170013632 0 $6 000.0 $39,913.00 http://www.cfwnet.org/council_packet/Reports/mc_pnnt.asp 1/5/2005 ragei of 3 a, 2) P258 531200 709170013632 P258 531200 709170013632 $39,913.00 1 000.00 Q P258 531350 709170013633 P258 531350 709170013633 $1 000.00 2) P258 531200 709170013633 6 652.00 P258 531200 709170013633 $6,652.00 2) P258 531200 709170013651 X146.00 P258 531200 709170013651 $5,146_00 - — $800.00 2) $800.00 P258_ 531350 709170013660 P258 531350 709170_0136_60 P258 533010 709170013681 $800.00 $800.00 P258 533010 709170013681 Submitted for City Manager's 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 1/5/2005