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HomeMy WebLinkAboutContract 28006 �'N ENGINEERING CONTRACT Project Name: Village Creek Basin Parallel Relief Study Basin No: 9 AO Project: [Yes/&o] DOE No: 3650 Project Manager (DOE): Gopal Sahu, P.E. Project Manager (Consultant): Brian D. O'Neill, P.E. Submitted by: Louis H. Jones, P.E. Date of Submittal: September 3, 2002 Date of Execution: T J ENGINEERING PROPOSAL SUBMITTED TO CITY OF FORT WORTH CHECKLIST OF ATTACHMENTS AND EXHIBITS The Standard Engineering Contract document and Attachment A(General Scope of Services) shall be provided by the City. Check if included Cover Sheet* Cover IR Checklist* This sheet Contract* Standard Engineering Contract Document Attachment A* General Scope of Services(As supplied by the City.Do not make any changes (Supplements to Attachment A) Exhibit A- I* Design Services:Main 257/325 Alignment Study 29 Exhibit A-2* Design Services:Main 257/325 Detailed Design Exhibit A-3* Small Diameter Pipeline Rehabilitation Attachment B Compensation and Payment Schedule Cff (Supplements to Attachment B) Exhibit B-1 Method of Payment&Progress Reporting requirements IN Exhibit B-2 Hourly Rate Schedules Exhibit B-3 Summary of Total Project fees Exhibit B-4 Listing of hours for each activity for different levels of the design work. Attachment C Opinions of Construction Cost Attachment D Project Schedule Table of Target Dates(Projected and Actual) Attachment E Location Maps These attachments and exhibits shall form the part of the Engineering Contract. Standard forms for all items marked with an asterisk(*)may be collected from Department of Engineering. These are standard documents and no changes shall be made to these. Sample forms for all other items are also available. The Engineer shall be responsible for preparing all exhibits to Attachment A, and all other Attachments and exhibits thereof. CITY SECRETARY CONTRACT NO. Mu , CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth, Texas (the "CITY"), and Dannenbaum Engineering Corporation, (the "ENGINEER"), for a PROJECT generally described as: Sanitary Sewer Main 257 and 325 Middle and Upper Village Creek Parallel Relief Alignment Study and Design. 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) Monthly invoices will be issued by the ENGINEER 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 liab UIy.1p delays or damages caused the CITY because of such civc-tft W1511W �( 0036-42 F 1. ;,.; 71 5 i Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design f � Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made, Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. 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 hQr- in. 0036-42 Page 2 of 15 Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design i 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 observations, 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. OWED Cuff tlCG��I 003642 Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design -- (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 qualify 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 Women Business Enterprise (M/WBE) Participation In accord with the City of Fort Worth Ordinance No. 11923, the City has goals for the participation of minority business enterprises and woman business enterprises in Citycontracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet this 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 Oly contracts for a time not less than three (3) years. 0036-42 Page 4 o 1 Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design J. Right to Audit (1) ENGINEER agrees that the CITY shall,until the expiration of three(3)years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books,documents,papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate workspace 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 subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photo copy 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 which 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). Coverages on._ - used in the course of the PROJECT. V�, &ORD 0036-42 Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design 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 (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 coverages 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,non-renewal or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of nonpayment 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 Street, 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 may be acceptable to the CITY at 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-o t ma also be acceptable to the City. _ 0036-42 '= a5 Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design M (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 such are approved by the CITY. (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 insurance coverage is maintained by subconsultants, 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 propos11fe''dr��f� ���UU N'IC�I�L�iIY��W0 0 0036-42 �!'I I °'° Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design PROJECT and business property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this contract and prior to final payment under the contact. 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. 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 except when verification is necessary to insure the proper delivery of services to be performed. These items shall included,but not be limited to,any recent aerial photographic topography and GPS survey of manholes pertinent to the alignment study. uj ffic U.'illi 1WO 0036-42 Page a of 15 Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design 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 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. 0036-42 !V,011ae Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article W.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." (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 preexisting 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 j l:s, 0036-42 Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design 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. 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 maybe 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. Off tele 0036-42 Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design (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 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. 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 ofboth 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 will assign all or any part of this AGREEMENT wit htoohe prior written consent of the other party. W_h ku l�HOW RX 0036-42 Page 12 0 Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design 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 means 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 $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 0036-42 Page 13 of 15 Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design 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 ATTEST: CITY OF FORT WORTH, TEXAS By:- loria Pearn Mac A. O City Secret ry Assistant 6ity Manager ApffevedReca�u►uw�d� I � Contract Authorization A. Douglas Rademaker, P.E. IDirector, Engineering Department Date APPROVED AS TO FORM AND LEGALITY Dannenbaum Engineering Corporation / ENGINEER g _ y: Assistant City Attorney Louis . Jones, Principal " f !IIr!e `1'aX 003642 Nee 15 of 15 Sanitary Sewer Main 257&325 Middle&Upper Village Creek Parallel Relief Alignment Study&Design EXHIBIT "A" General Scope of Services "Scope of Services setforth 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 Conferences with City The Engineer shall attend a preliminary conference 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 conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed street and storm drain and/or water and wastewater facilities/improvements. It shall be the Engineers duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechnical Investigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant prepare 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 to obtain the necessary 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. - 1 - S) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineer's 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 City's Project Manager and shall become the property of the City. City may use such plans in any manner it desires; provided, however that the Engineer shall not be liable for the use of such plans 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 plans or changes that are made in the implementation of the plans without the written approval of the Engineer. PHASE 1 7) Right-of-Way, Easement and Land Acquisition Needs The Engineer shall determine the right-of-way, easement and land acquisition needs necessary for the construction of the project. The Engineer shall determine ownership of such land and furnish the City with the necessary sketches and prepare necessary descriptions for acquiring the right-of-way,easement and/or land acquisition for the construction of this project. Sketches and descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining right-of-way,easements,land,permits and licensing agreements. All materials shall be furnished on the appropriate City forms in an minimum of four(4) copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of the Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. -2 - 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility lines 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 a part of this phase of the project. 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 20 copies of Phase 2 preliminary construction plans and 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. -3 - 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 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 substitution prior to the award of contracts is allowed by the bidding documents,the Engineer will advise the owner a s 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. -4- 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 routine 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 found on as-built plans submitted by the contractor and inspector. -5 - EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") Sanitary Sewer Main 257 and 325 Middle and Upper Village Creek Parallel Relief Alignment Study and Design Part 1 — Main 257/325 Alignment Study Project No. P170-070170140030 The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". BASIC ENGINEERING SERVICES There are no Basic Engineering Services included as a part of this exhibit. SPECIAL SERVICES Special Services are those known to be required for the completion of the project that the CITY agrees are to be furnished by the ENGINEER or by a subconsultant that cannot be defined sufficiently at this time to define a maximum compensation. The services are not included in the scope of work for the Basic Services or the amount of compensation for Basic Services. The Special Services for this assignment are described as follows: Work under this attachment includes replacement of approximately 54,000 linear feet of main sewers to increase hydraulic capacity in Mains 257 & 325 Drainage Areas. Generally, relief and replacement sewers are as follows: Main Existing Size (in l Length M-257 27"-36" 37,000 M-325 18"-24" 17,000 Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PART A -Alignment Study The ENGINEER will provide the following services in evaluating an alternate route to the existing sewers as described herein: A. The Alternate Route Option evaluation will be limited to the following sewer segments: EA1-1 (1) From Main 257-D, Station 0+00 to Station 130+68 of Main 257 'E' (2) Main 325 from Station 0+00 to Station 170+00 B. Review property ownership strip maps obtained from either the City of Fort Worth or Tarrant County Tax Assessors Office. C. Review City Sewer maps and City provided aerial maps. D. Evaluate three (3) alternate alignments for the sewers. For the alternate alignment provide the following: (1) Opinion of probable construction cost. (2) Advantages and disadvantages compared to existing alignment. (3) Opinion of probable permits and easements to be acquired. (4) Assessment of terrain and conflicting utilities (electric, fiber optic, gas, etc...). E. Accompany CITY on the following field reconnaissances: (1) Initial reconnaissance to observe alignment of existing sewers. (2) Final reconnaissance to observe recommended alignment. F. Prepare draft Alignment Option Evaluation memorandum setting forth conclusions and recommendations of evaluation and submit five (5) copies to CITY. Meet with City to review draft memorandum and receive CITY comments. ENGINEER will provide CITY an acceptable alignment option. G. Review existing geotechnical reports and information and advise the City if additional geotechnical testing is required for design of the project. Assist City in preparation of Scope of Work for additional geotechnical testing. NOTE: geotechnical testing and report will be furnished by the City or as an additional service if requested by the City. H. Finalize memorandum and submit five (5) copies to CITY. I. After finalizing memorandum, CITY will provide ENGINEER with written approval of selected alignment and Notice to Proceed with Part A — PRE-ENGINEERING AS OUTLINED IN Exhibit 'A-2'. EA1-2 J. Prepare an Environmental Assessment for the selected alignment in accordance with attached Scope (see attached Blanton & Associates scope and fee proposal letter). r EA1-3 Blanton & Associates Environmental Assessment Scope & Fee Proposal Letter Blanton & Associates, Inc. Environmental Consulting • Planning • Project Management April 19,,2002 Mr.Brian D. O'Neill, P.E. Dannenbaum Engineering Corporation 6421 Camp Bowie Blvd., Suite 400 Fort Worth, Texas 76116-5421 Dear Mr. O'Neill: This correspondence is provided as. Blanton & Associates, Inc.'s proposal to prepare an Environmental Assessment (EA) for the City of Fort Worth's proposed wastewater main improvements to be funded by the Texas Water Development Board's (TWDB),Clean Water State Revolving Fund(SRF), in Tarrant County,Texas. Blanton &Associates,Inc.'s staff has extensive experience in preparing environmental documentation for TWDB projects.' Project Description According to information that you have provided,the proposed project consists of installing parallel wastewater mains from.the cities of Crowley and Burleson to connect.with.-a..Cityof Fort Worth wastewater treatment facility. The proposed City of Burleson main(Main 257)is approximately 6,7 miles of 36-inch to 54-inch pipe, wit 'the alignment following the Village Creek drainage. Two siphons are proposed.where the alignment crosses Village Creek. The Crowley main(Main 3.25) is. approximately 3:4 miles of 36-inch to 42-inch pipe that follows the Deer Creek drainage until.it joins Main 257 at Village Creek.. Costs and Schedule . We are prepared to submit a draft EA for the pioject within, 90 days of notice to proceed. This schedule is based on the assumption .that final alignments for all line. work and siphons will be mapped on USGS 7.5 minute quadrangles and the maps will be available at the time of notice to proceed. Specific tasks to be performed in accordance with this proposal by Blanton &Associates include: 1) Preparation and submission of the draft EA for this project 2) Habitat assessments for federally-listed threatened and endangered species 3) Delineation of wetlands within the proposed area of impact and evaluation of applicability of the project under Nationwide Permit No. 12 (N-WP-12) and development and submission of a Pre-Construction Notification to the U.S. Army Corps of Engineers, Fort Worth.District, if required 4) Identification of any conflicts due to environmental resources that would,involve revisions to the planned pipeline placement 3267 Bee Caves Road, Suite 107-502 •Austin, Texas 78746 Phone: 512-264-1695 • Fax: 512-264-1531 Mr. Brian D._O Neill, P.E. April 19, 2002 Page 2 . The.estimated cost to prepare the EA and coordinate with the TWDB through the issuance of the Finding of No Significant Impact (FONSI).is $28,900.00,to be billed ona lump sum basis. Note this cost does not include: l) Absence/presence surveys for threatened or endangered species 2). Land surveying of wetland.boundaries 3) Preparation of an individual permit for compliance with Section 404 of the Clean Water Act if required 4) Cultural resources investigations 5) Any major modifications to the project. A separate scope and budget will be provided if additional efforts related to any of the above items are necessary. If this proposal is acceptable,please sign below and return one original for our.files. Thank you for the opportunity to provide this proposal, and please call if you have any,questions. Sincerely, Dave Severinson Project Manager Mr. Brian D. O'Neill, P.E. Date Dannenbaum Engineering EXHIBIT "A-2" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") Sanitary Sewer Main 257 and 325 Middle and Upper Village Creek Parallel Relief Alignment Study and Design Part 2 — Main 257/325 Detailed Engineering Design Project No. P170-070170140030 The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes replacement of approximately 21,400 linear feet of main sewers to increase hydraulic capacity in Mains 257 & 325 Drainage Areas. Generally, relief and replacement sewers are as follows: Main xisting Size (in) Length M-257 33"-36" 21,400 The detailed engineering design shall be limited to the portion of Main 257-D from Station 0+00 to Station 214+00 of Main 257-D-2. This scope of services shall exclude the remainder of Main 257 and Main 325 outlined in Exhibit"A-1" but not listed above. Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: BASIC ENGINEERING SERVICES 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. CITY will provide to the ENGINEER all hard copy and digital information related to the project at or near the time of the initial meeting. For purposes of establishing a level of comfort, one (1) meeting is 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). EA2-1 One (1) review meeting at completion of the City's review of the conceptual engineering plans. b. Research of Rehab History The ENGINEER will conduct a cursory review of completed sanitary sewer replacement and rehabilitation work in the Main 257 & Main 325 Areas. This will include discussions with various CITY departments, and coordination with local consultants engaged in past and current sanitary sewer improvement projects. Interviews will also be conducted with staff in the Field Operations Division. The research data will be compiled and mapped to avoid potential duplication of work proposed under this contract. 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. PART B -CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering a. Conceptual Design Summary Report 1. A design summary report shall be submitted to City AQ days after Notice to Proceed Letter is issued. 2. Study: Conceptual Engineering —A Technical Memorandum will be prepared to evaluate gravity sewer routing and pipe materials alternatives. Upon completion of services outlined in Exhibit "A-1", the CITY will have previously determined the preferred alignment, and so no distinct alignment alternatives will be evaluated as a part of this work. This Technical Memorandum will consider various modifications to the preferred alignment, in areas of concern EA2-2 regarding utility conflicts and other issues. Modifications to the preferred route will be made based upon investigation of these conflicts and issues, and a final route will be documented and presented to the CITY. A conceptual level opinion of probable construction cost will be included. One (1) review meeting at completion of the CITY's review of the conceptual engineering technical memorandum will be conducted. Approval of the routing by the CITY will allow design survey to begin. 2. Preliminary Engineering Upon approval of Part B, Section 1, ENGINEER will prepare preliminary construction plans as follows: a. Overall 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, recommended pipe size 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 scheduled for point repairs, rehabilitation and replacement will be located on the base sheets prepared from survey information gathered under Special Services Section. 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. EA2-3 f. The ENGINEER will prepare standard and special detail sheets for sanitary sewer line installation and sewer rehabilitation or replacement that are not already included in the D-Section of the City's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. g. Right-of-Way Research The ENGINEER will conduct preliminary research for availability of existing easements where open-cut construction or relocation of existing alignments is probable. Temporary and permanent easements will be appropriated based on available information and recommendations will be made for approval by the City. h. Utility Clearance Phase The ENGINEER will consult with the City's Water Department, Department of Engineering, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate 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. L Preliminary construction plan submittal Preliminary plans and specifications shall be submitted to City 1QQ days after approval of Part B, Section 1. The ENGINEER shall deliver two (2) sets of preliminary construction plans to CITY for review. Generally, plan sheets shall be organized as follows: EA2-4 Cover Sheet Easement layout (if applicable) Plan & Profile Sheets Standard Construction Details Special Details (If applicable) 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. j. 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. k. Public Meeting After the preliminary plans have been reviewed and approved by the City, ENGINEER shall prepare exhibits along with an invitation letter and attend public meeting to help explain the proposed project to residents. The CITY shall mail the invitation letters. 3. Final Engineering Plan Submittal a. Final Construction Documents shall be submitted to CITY$D days after approval of Part B, Section 2. 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. EA2-5 SPECIAL SERVICES Special Services are those known to be required for the completion of the project that the CITY agrees are to be furnished by the ENGINEER or by a subconsultant that cannot be defined sufficiently at this time to define a maximum compensation. The services are not included in the scope of work for the Basic Services or the amount of compensation for Basic Services. The Special Services for this assignment are described as follows: 1. Monthly Progress Report and Neighborhood Newsletter The ENGINEER shall attend and participate in a monthly progress meeting as requested by the City. 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. 2. 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 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 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"-40' 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 1" = 40' horizontal and 1" = 4' vertical scale. EA2-6 b. Engineer Will Provide The Following Information: All plans, field notes, plats, maps, legal descriptions, or other specified documents prepared in conjunction with the requested services shall be provided in a digital format compatible with the electronic data collection and computer aided design and drafting software currently in use by the CITY Department of Engineering. All text data such as plan and profile, legal descriptions, coordinate files, cut sheets, etc., shall be provided in the American Standard Code for Information Interchange (ASCII) format, all drawing files shall be provided in Autocad (DWG or DXF) format, or as otherwise approved in writing by the CITY, and all data collected and generated during the course of the project shall become the property of the: CITY. The minimum information to be provided in the plans shall include the following: 1. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: 2. The following information about each Control Point; a. Identified (Existing City Monument #8901, PK Nail, 5/8" Iron Rod) 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. EA2-7 6. Station equations relating utilities to paving, when appropriate. C. 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. 3. 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". 4. Storm Water Pollution Prevention Plan (SW3P) The engineer shall prepare required storm water pollution prevention plans. 5. Traffic Control Plans The engineer shall prepare traffic control plans for work done within City thoroughfare or TxDOT right of ways. 6. Geotechnical Investigation Prepare geotechnical engineering report for the selected alignment in accordance with the attached Scope (see attached Geotel Engineering scope and fee proposal letter). 7. PRE-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. EA2-8 b. Bidding Assistance The ENGINEER shall assist the CITY during phase including preparation and delivery of addenda to plan holders and responses to questions submitted to the DOE by prospective bidders. Engineer shall attend the scheduled pre-bid conference. The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening develop bid tabulations in hard copy and electronic format and submit four (4) copies of the bid tabulation. C. Assistance During Construction The ENGINEER shall attend the pre-construction conference for the project. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. d. Record Drawings The ENGINEER shall prepare as-built record drawings from the files and notations of the owner's on-site representative and the contractor(s). ADDITIONAL SERVICES Additional Services to be performed by the ENGINEER, if authorized by the CITY, which are not included in the above-described BASIC ENGINEERING SERVICES or SPECIAL SERVICES, may include, but are not limited by the following: 1. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. 2. Revisions and changes required by CITY for easement acquisition and/or other reasons to the pipeline alignments or sizes, after approval of the final alignment. 3. Preparing Environmental, Archeological Surveys, Impact Assessments, or Statement, and 404 Permit Applications except as specifically included in the Basic of Special Services. Design or Construction Administration for Corps 404 Permit Mitigation Plan. Preparation of mitigation plan annual reports documenting EA2-9 survivability for five years after construction. 4. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties other than condemnation proceedings arising from the development or construction of the project, including the preparation of engineering data and reports for assistance to the CITY. 5. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the CITY. 6. Providing additional topographic surveys beyond the limits set forth in Basic Engineering or Special Services. 7. Provide shop, mill, field or laboratory inspection of materials and equipment. 8. Furnishing engineering services during construction including general representation and resident representation as the CITY's on-site representative during the construction phase. 9. Assisting the CITY in claims disputes with Contractor(s). 10. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the Plans and Specifications. 11. Assisting CITY or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. 12. Sampling, testing or analysis beyond that specifically included in Basic Services. 13. Attending meetings and developing data and information required for zoning and/or plat approvals of construction sites, except as included in Basic Services. 14. Attending additional meetings not detailed in the Basic Engineering Services as requested by CITY. 15. Providing additional copies of Plans and Specifications. EA2-10 tl 16. Providing the services of land agents to assist in securing easements. 17. Provide expert witness testimony as required for condemnation hearings, including the preparation of engineering data and reports. 18. Preparation of an application for a Sand, Gravel, and Marl Permit and processing of the permit application(s). 19. Preparation of a Biological Assessment, if requested by TPWD or USFWS. 20. Participation in a Public Hearing. 21. Tree Permits. 22. Any sewer capacity analysis and/or hydraulic modeling. 23. Any support of TWDB funding, or preparation of forms or reports specifically for that purpose. 24. Any additional services, which may be required by the CITY for completion of the project that are not included in the Basic Services or Special Services. Any Additional Services shall be furnished by the ENGINEER on a fee schedule negotiated by the respective parties outside of and in addition to the Agreement. EA2-11 Geotel Engineering Geotechnical Investigation Scope & Fee Proposal Letter Part 2 Sent Qy: GEBTEL ENGINEERING,INC. ; 972 444 0024; May-4-02 4:35PM; Page 2 GEOTELGEOTEL ENGINEERING, INC. OEMCNNICAL ENVIRONMENTAL AND CONSTRUCTION MArERM SERVICES 311 N.Briery Road Irving,Texas 75061 072-986-1700 May 4, 2002 Fax 872-A44-0024 tvir. Brian O'Neill Dannenhaum Engineering Corporatiun 6421 Cramp Bowie Roulcvard. Fort Worth, Texas 76116 Via Fax: 817-377-2956 Re: Subsurface Exploration Proposal Fort Worth Relief Sewer— Phase I Fort Wonh, Texas GEI Proposal No. P02-233 (Revised) Deur N1r. O'Neill: Geotel Jngineering, Inc. (GL.i) is pleased to submit this revised proposal to perform subsurface explorations and provide a geotechnical report for the abuve referenced project. PROJTCT INFURNLATiON Proposed Fort Worth relief sewer will consist (A' a 54-inch diameter sewer pipeline, 21,400 feet long. The Fort Worth relief sewer alignment extends south along. the west bank of Villagc Creek From a junction structure about 2,000 feet Horth of Everman-Kennedale-Burleson Road to a new 36-inch siphon structure at about 2,000 feet south of Oak grove F. and 3,000 feet east of Oak Orove S. Micro-tunnel excavation methods are anticipated at Fverman-Kennedale-Burleson Road, Rendon Road and a Railroad across. Open cut excavation methods are planned hi the remaining alignment. FIELDAND LABORATORY WORK Traffic Control and utility Clearance Prior to beginning feld work, horing locations will be coordinated by CiIiI personnel with the various utility companies to verify clearance of U11derground lines. Traffic control during field operations will also be provided by GEl acid will include signage and cones. Sail and Rock Boring ` A total of Forty-five (45)test borings are proposed to investigate the subsurface conditions along the proposed Dort Werth relief sewer alignment. The borings will he generally located about, 500 to 600 feet apart. Two borings are planned on both sides of the streets and railroad crossing along the alignment. The borings will be drilled and sampled to an average depth of 22 feet. A Mmb#r 0(0E0rn I—P-la Sent ,8y: GEQTEL ENGINEEPING,INC. ; 972 444 0024; May-4-02 4:35PM; Page 3 Dannenbaum Engineering Corporation Fort Worth Relief Sewer— Phase I GET Proposal No. P02-233 (Revised) May 4, 2002 Page 2 Cohesive soils will be sampled with thin-walled tube samplers. Cohesionless or "sandy" soils, if encountered, will be sampled with split barrel samplers during performance of the Standard Penetration Test. Sampling will typically be cuntinuuus to a depth of five feet, and at soil chaulges or a maximum of five feet thereafter. The unmweathered rock will be either cored or evaluated by the Texas Department of Transportation's cone penetration test. Short-term growidwater level observations will be made during drilling operations and upon completion. In order to monitor long terns grOun.dwater levels, Piezometers will be installed in seven of the borings for long terni groundwater observations. Lung term groundwater level observations were made within several weeks after completiun of the borings. Laboratory Tests Laboratory tests will be performed to classify the soils and evaluate physical and engineering characteristics of the subgrade soils. Classi51 cad kill tests consist of liquid and plastic limits (PI's), natural moisture contents, dry weights, percent lines determinations (minus No. 200 sieve), mechanical sieve analyses, and hydrometer tests. Compressive strength of the subsurface cohesive soils will be evaluated by euiwrilinCd compression tests. Hand penetroineter tests will also performed to estimate to the soil consistency with depth and between borings. Erosion tests including pH of soil and water, soluble sulfate and soil resistivity tests will be performed to evaluate corrosion effects on concrete pipes. ENGIMEFE LNG RJUORT The; results of all field and laboratory data will be presented in an engineering repent. The report will include recommendations to guide design and construction of the proposed sanitary sewer line. 1"his report will include the following: 1. Boring logs, laboratory test results, groundwater level observations and a boring site plan. 2. Discussion of groundwater conditions that may require use of dewatering equipment during construction and discussion of the presence of limestone stratum that could impact construction. 3. Recommended slope ratios to be used for aped cut excavations for utility excavations. 4. Recommended lateral pressures to be used for the design of bore pit and trench.sharing. 5. Allowable bearing pressures fur jack supports used in coniunclion with ttlicro tunneling. 6. Recommendations conceming (Tench bedding, backfilling and compaction. Sent 6y: GEbTEL ENGINEERING,INC. ; 972 444 0024; May-4-02 4:36PM; Page 4/8 Dannenhaurn Engineering Corporation Fort Worth Relief Sewer—Phase 1 a (iEl Proposal Nu. P02-233 (Revised) May 4, 2002 Page 4 ATTACHNIENI' -FEE SCHEDULE: ESTIMATED LABOR(HOURS) TASK Sr. Project Draft/ Clerical Total Engineer Engineer Aide Sur Reco4uiaissance,Utility Clesmrrce, Traffic 2 3 4 14 Control Coordination Drilling Coordination 2 4 6 Sample Examination 2 10 6 18 Lab Test Assigtunent 1 2 3 Lab Test Result Reduction,Analysis, and 2 8 10 Summary Boring Logs Preparation, Review 2 4 16 22 Reconurtendarions for Slope Ratiuns for Open 1 3 4 Cut Excavation Micro-'funneling Method 1 2 3 Bore Pit and Trench 1 2 3 Junction boxes and Silo Structures Trench 1 2 3 Trcnch Balding, Back-filling and Compaction. 1 2 3 Erosion Protection l 2 3 Georechnical Report 4 8 6 18 Total Hours 21 57 26 6 110 Rata 9i.00 70.0f1 45.00 35.00 Labor - 1.995 3,990.00 1,170.00 210.00 7,365.00 LABOR SUBTOTAL $7,365.00 a Sent By: GEDTEL ENGINEERING,INC. ; 972 444 0024; May-4-02 4:36PM; Page 5/8 Dannenbaum Engineering Corporation Fort Worth Relief Sewer-Phase I GEI Proposal No. 1102-233 (Revised) May 4, 2002 Page 5 Estimated Estimated Estlmatcd Unity Unit Cost Cost FIELD INVESTIGATION ' Mobilization,Truck Muwiiad Rig 6 $175.00 S 1,050.00 Mobilization,Marsh Ruga 2 $300.00 $600.00 Soil Drilling,Tnick Mounted Rig, ft 640 59.25 55,920.00 Rock Coring,Truck Mounted Rig,ft^� I M S 15.25 S1,525.00 Soil Drilling,Match Augy Rig,ft 200 $13.25 $2,650.00 Ruck Coring,Marsh Huggy Rig,It 50 S19-25 $962.50 Relative Density Determinations iii Sand 60 $25.00 51,500.00 '1'xLX)'I'Cone Penetmmcter Tests in Rock 30 530.00 $900,00 Traffic Control(Signage and Cones),Day 2 $100.00 5200.00 Piezometer Installation(2" PVC),Bailing of drilling fluids, 7 $500.00 $3,500.00 grouting and Clean up,each Flush Mount Well Covers and installutiun, each 7 5125.00 $375.00 Groundwater Measurements,day. 4 $200.00 5800.00 FIELD SUBTOTAL $20,482.50 LABORATORY TI-STS Atterb,crg Limits Tests 80 $38.00 53,040.00 + Moisture Content 160 53.75 $600.00 Peruent Finer than No.200 Sieve RO $25.00 %2,000.00 Sieve Analysis s0 535.00 52,800.00 Hydrometer 5 580.00 $400.00 Unconfined compressive Strength'1•ests(Soil) 70 530.00 S2,100.00 Unconfined compressive Strength Tests(Ruck) 30 530.00 5900.00 Hand Penetrometer 360 $1.50 $540.00 P11 of Soils 4 530.00 5120.00 PH of water 4 520.00 $80.00 Soil Soluble Sulfate Test 4 585.00 $340.00 Water Soluble SUI ALe Test 4 540.00 $160.00 Resistivity 4 $80.00 5320.00 LADORATORY SUBTOTAL. 513,400.00 GEOTECHNICAL INVESTIGATION ESTIMATED"TOTAL 541,247.50 EXHIBIT "A-3" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") Sanitary Sewer Main 257 and 325 Middle and Upper Village Creek Parallel Relief Alignment Study and Design Part 3— Sanitary Sewer Rehabilitation Design Project No. P170-070170140030 The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes replacement of approximately 10,559 feet of smaN diameter sanitary sewers (lateral designation) and partial rehabilitation (point repairs) in the Village Creek Basin. Upon receipt of Notice to Proceed, the ENGINEER will perform the following tasks: BASIC ENGINEERING SERVICES 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. CITY will provide to the ENGINEER all hard copy and digital information related to the project at or near the time of the initial meeting. For purposes of establishing a level of comfort, one (1) meeting is 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. Research of Rehab History The ENGINEER will conduct a cursory review of completed sanitary sewer replacement and rehabilitation work in the affected areas of the Village Creek Drainage Basin. This will include discussions with various CITY departments, and coordination with local consultants engaged in past and current sanitary sewer improvement projects. Interviews will also be conducted with staff in the Field EA3-1 Operations Division. The research data will be compiled and mapped to avoid potential duplication of work proposed under this contract. 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. PART B - CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering a. Conceptual Design Summary Report 1. A design summary report shall be submitted to City 20 days after Notice to Proceed Letter is issued. 2. Based on information contained in the CITY's Report of the Sanitary Sewer Evaluation Survey of the affected areas within the Village Creek Drainage Basin, the ENGINEER shall prepare a brief letter report including location maps of all line replacements and point repairs and submit to the CITY. Four (4) copies of the design summary report shall be submitted. 2. Preliminary Engineering Upon approval of Part B, Section 1, ENGINEER will prepare preliminary construction plans as follows: a. Overall 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, recommended pipe size and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., EA3-2 and Addition Names) along with property ownership shall be provided on the plan view. C. For sewer lines, pipelines scheduled for point repairs, rehabilitation and replacement will be located on the base sheets prepared from survey information gathered under Special Services Section. Conflicts shall be resolved where pipelines are to be rehabilitated on the same line segment. Base sheets shall reference affected or adjacent streets. Where oper}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. New Manhole Construction Locations (Optional) Provide map showing location of new manhole construction at the end of existing sewer segments, 90 degree bends, or tee connections. Sufficient data i.e. coordinates shall be provided to allow for construction and staking of the manholes. Easement or right-of-entry agreements shall be prepared and delivered to the City. The contract documents shall specify that it is the Contractor's responsibility to coordinate utility location, etc. for manhole construction. EA3-3 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. Utility Clearance Phase The ENGINEER will consult with the City's Water Department, Department of Engineering, and other CITY departments, public utilities, private utilties, 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. j. Preliminary construction plan submittal Preliminary plans and specifications shall be submitted to City 70 days after approval of Part B, Section 1. 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) 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. EA3-4 k. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments for preliminary submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. I. Public Meeting After the preliminary plans have been reviewed and approved by the City, ENGINEER shall prepare exhibits along with an invitation letter and attend public meeting to help explain the proposed project to residents. The CITY shall mail the invitation letters. 3. Final Engineering Plan Submittal a. Final Construction Documents shall be submitted to CITY 40 days after approval of Part B, Section 2. 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. EA3-5 SPECIAL SERVICES Special Services are those known to be required for the completion of the project that the CITY agrees are to be furnished by the ENGINEER or by a suba)nsultant that cannot be defined sufficiently at this time to define a maximum compensation. The services are not included in the scope of work for the Basic Services or the amount of compensation for Basic Services. The Special Services for this assignment are described as follows: 1. Monthly Progress Report and Neighborhood Newsletter The ENGINEER shall attend and participate in a monthly progress meeting as requested by the City. The ENGIENER shall submit a progress schedule after the design contractis 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. 2. Surveys for Design a. ENGINEER will perform field surveys to collect horizontal and vertical elevatons 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 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 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 l'!40' scale. Obtain permission for surveying through private property. Locate hcrizontal 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 1" = 40' horizontal and 1" = 4' vertical scale. EA3-6 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 descrptions, coordinate files, cut sheets, etc., shall be provided in the American Standard Code for Information Interchange (ASCII) format, all drawing files shall be provided in Autocad (DWG or DXF) format, or as otherwise approved in writing by the CITY, and all data collected and generated during the course of the project shall become the property of the CITY. The minimum information to be provided in the plans shall include the following: 1. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: 2. The following information about each Control Point; a. Identified (Existing City Monument #8901, PK Nail, 5/8" Iron Rod) 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. EA3-7 6. Station equations relating utilities to paving, when appropriate. iii. 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. 3. 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". 4. Traffic Control Plans The engineer shall prepare traffic control plans for work done within City thoroughfare or TxDOT right of ways. 5. PRE-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. Engineer shall attend the scheduled pre-bid conference. EA3-8 The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening develop bid tabulations in hard copy and electronic format and submit four (4) copies of the bid tabulation. C. Assistance During Construction The ENGINEER shall attend the pre-construction conference for the project. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. d. Record Drawings The ENGINEER shall prepare as-built record drawings from the files and notations of the owner's on-site representative and the contractor(s). ADDITIONAL SERVICES Additional Services to be performed by the ENGINEER, if authorized by the CITY, which are not included in the above-described BASIC ENGINEERING SERVICES, may include, but are not limited by the following: 1. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. 2. Revisions and changes required by OWNER for easement acquisition and/or other reasons to the pipeline alignments or sizes, after approval of the final alignment. 3. Preparing Environmental, Archeological Surveys, Impact Assessments, or Statement, Storm Water Discharge Permits or SWPPP, and 404 Permit Applications except as specifically included in the Basic of Special Services. Design or Construction Administration for Corps 404 Permit Mitigation Plan. Preparation of mitigation plan annual reports documenting survivability for five years after construction. 4. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties other than condemnation proceedings arising from the development or construction of the project, including the preparation of engineering data and reports for assistance to the OWNER. 5. Investigations involving detailed consideration of operation, maintenance and EA3-9 overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the OWNER. 6. Providing additional topographic surveys beyond the limits set forth in Basic Engineering or Special Services. 7. Provide shop, mill, field or laboratory inspection of materials and equipment. 8. Furnishing engineering services during construction including general representation and resident representation as the OWNER's on-site representative during the construction phase. 9. Assisting the OWNER in claims disputes with Contractor(s). 10. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the Plans and Specifications. 11. Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to the Agreement. 12. Sampling, testing or analysis beyond that specifically included in Basic Services. 13. Attending meetings and developing data and information required for zoning and/or plat approvals of construction sites, except as included in Basic Services. 14. Attending additional meetings not detailed in the Basic Engineering Services as requested by OWNER. 15. Providing additional copies of Plans and Specifications. 16. Providing the services of land agents to assist in securing easements. 17. Provide expert witness testimony as required for condemnation heaings, including the preparation of engineering data and reports. 18. Preparation of an application for a Sand, Gravel, and Marl Permit and processing of the permit application(s). EA3-10 19. Preparation of a Biological Assessment, if requested by TPWD or USFWS. 20. Participation in a Public Hearing. 21. Prepare an Environmental Assessment (EA) that provides the information required by TNRCC, Corps, and other Agencies. 22. Tree Permits. 23. Any sewer capacity analysis and/or hydraulic modeling. 24. Any support of TWDB funding, or preparation of forms or reports specifically for that purpose. 25. Any additional services, which may be required by the OWNER for completion of the project that are not included in the Basic Services or Special Services. EA3-11 EXHIBIT "A-4" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") Sanitary Sewer Main 257 and 325 Middle and Upper Village Creek Parallel Relief Alignment Study and Design Part 4— Main 238 Drainage Area Sanitary Sewer Rehabilitation Design Project No. P170-070170140030 The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes replacement of approximately 3,270 feet of small diameter sanitary sewers (lateral designation) and partial rehabilitation (point repairs) in the Main 238 Drainage Area. Upon receipt of Notice to Proceed, the ENGINEER will perform the following tasks: BASIC ENGINEERING SERVICES 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. CITY will provide to the ENGINEER all hard copy and digital information related to the project at or near the time of the initial meeting. For purposes of establishing a level of comfort, one (1) meeting is anticipated. These include the following: One (1) pre-design kick-off meeting, (including the CITY's Department of Endneering 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. Research of Rehab History The ENGINEER will conduct a cursory review of completed sanitary sewer replacement and rehabilitation work in the affected areas of the Village Creek Drainage Basin. This will include discussions with various CITY departments, and coordination with local consultants engaged in past and current sanitary sewer EA4-1 improvement projects. Interviews will also be conducted with staff in the Field Operations Division. The research data will be compiled and mapped to avoid potential duplication of work proposed under this contract. 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. PART B - CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering a. Conceptual Design Summary Report 1. A design summary report shall be submitted to City 20 days after Notice to Proceed Letter is issued. 2. Based on information contained in the CITY's Report of fie Sanitary Sewer Evaluation Survey of the affected areas within the Village Creek Drainage Basin, the ENGINEER shall prepare a brief letter report including location maps of all line replacements and point repairs and submit to the CITY. Four (4) copies of the design summary report shall be submitted. 2. Preliminary Engineering Upon approval of Part B, Section 1, ENGINEER will prepare preliminary construction plans as follows: a. Overall sanitary sewer layout sheets and an overall easement layout sheens). b. Preliminary project plans and profile sheets which show the following: Proposed water and/or sanitary sewer plan/profile, recommended pipe size and all pertinent EA4-2 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 scheduled for point repairs, rehabilitation and replacement will be located on the base sheets prepared from survey information gathered under Special Services Section. 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. New Manhole Construction Locations (Optional) Provide map showing location of new manhole construction at the end of existing sewer segments, 90 degree bends, or tee connections. Sufficient data i.e. coordinates shall be provided to allow for construction and staking of the manholes. Easement or right-of-entry agreements shall be prepared and delivered to the City. The contract documents shall specify that it is the Contractor's responsibility to coordinate utility location, etc. formanhole construction. EA4-3 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. Utility Clearance Phase The ENGINEER will consult with the City's Water Department, Department of Engineering, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities that have an impact or influence on the project. ENGINEER will design City facilities to avoid or minimize conflicts with existing utilities. The ENGINEER shall deliver a minimum of 13 sets of approved preliminary construction plans to the City's Utility Coordinator for forwarding to all utility companies, which have facilities within the limits of the project. j. Preliminary construction plan submittal Preliminary plans and specifications shall be submitted to City 70 days after approval of Part B, Section 1. The ENGINEER shall deliver two (2) sets of preliminary construction plans andtwo (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) 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. EA4-4 k. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments for preliminary submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. I. Public Meeting After the preliminary plans have been reviewed and approved bar the City, ENGINEER shall prepare exhibits along with an invitation letter and attend public meeting to help explain the proposed project to residents. The CITY shall mail the invitation letters. 3. Final Engineering Plan Submittal a. Final Construction Documents shall be submitted to CITY40 days after approval of Part B, Section 2. 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. EA4-5 SPECIAL SERVICES Special Services are those known to be required for the completion of the project that the CITY agrees are to be furnished by the ENGINEER or by a subconsultant that cannot be defined sufficiently at this time to define a maximum compensation. The services are not included in the scope of work for the Basic Services or the amount of compensation for Basic Services. The Special Services for this assignment are described as follows: 1. Monthly Progress Report and Neighborhood Newsletter The ENGINEER shall attend and participate in a monthly progress meeting as requested by the City. 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. 2. 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 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 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"-40' 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 1" =40' horizontal and 1" =4' vertical scale. EA4-6 b. Engineer Will Provide The Following Information All plans, field notes, plats, maps, legal descriptions, or other specified documents prepared in conjunction with the requested services shall be provided in a digital format compatible with the electronic data collection and computer aided design and drafting software currently in use by the CITY Department of Engineering. All text data such as plan and profile, legal descriptions, coordinate files, cut sheets, etc., shall be provided in the American Standard Code for Information Interchange (ASCII) format, all drawing files shall be provided in Autocad (DWG or DXF) format, or as otherwise approved in writing by the CITY, and all data collected and generated during the course of the project shall become the property of the CITY. The minimum information to be provided in the plans shall include the following: 1. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: 2. The following information about each Control Point; a. Identified (Existing City Monument #8901, PK Nail, 5/8" Iron Rod) 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. EA4-7 6. Station equations relating utilities to paving, when appropriate. iii. 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. 3. 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". 4. Traffic Control Plans The engineer shall prepare traffic control plans for work done within City thoroughfare or TxDOT right of ways. 5. PRE-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. Engineer shall attend the scheduled pre-bid conference. EA4-8 The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening develop bid tabulations in hard copy and electronic format and submit four(4) copies of the bid tabulation. C. Assistance During Construction The ENGINEER shall attend the pre-construction conference for the project. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. d. Record Drawings The ENGINEER shall prepare as-built record drawings from the files and notations of the owner's on-site representative and the contractor(s). ADDITIONAL SERVICES Additional Services to be performed by the ENGINEER, if authorized by the CITY, which are not included in the above-described BASIC ENGINEERING SERVICES, may include, but are not limited by the following: 1. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. 2. Revisions and changes required by OWNER for easement acquisition and/or other reasons to the pipeline alignments or sizes, after approval of the final alignment. 3. Preparing Environmental, Archeological Surveys, Impact Assessments, or Statement, Storm Water Discharge Permits or SWPPP, and 404 Permit Applications except as specifically included.in the Basic of Special Services. Design or Construction Administration for Corps 404 Permit Mitigation Plan. Preparation of mitigation plan annual reports documenting survivability for five years after construction. 4. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties other than condemnation proceedings arising from the development or construction of the project, including the preparation of engineering data and reports for assistance to the OWNER. 5. Investigations involving detailed consideration of operation, maintenance and EA4-9 overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the OWNER. 6. Providing additional topographic surveys beyond the limits set forth in Basic Engineering or Special Services. 7. Provide shop, mill, field or laboratory inspection of materials and equipment. 8. Furnishing engineering services during construction including general representation and resident representation as the OWNER's on-site representative during the construction phase. 9. Assisting the OWNER in claims disputes with Contractor(s). 10. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the Plans and Specifications. 11. Assisting OWNER or Contractor in the defense or prosecutbn of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to the Agreement. 12. Sampling, testing or analysis beyond that specifically included in Basic Services. 13. Attending meetings and developing data and information required for zoning and/or plat approvals of construction sites, except as included in Basic Services. 14. Attending additional meetings not detailed in the Basic Engineering Services as requested by OWNER. 15. Providing additional copies of Plans and Specifications. 16. Providing the services of land agents to assist in securing easements. 17. Provide expert witness testimony as required for condemnation hearings, including the preparation of engineering data and reports. 18. Preparation of an application for a Sand, Gravel, and Marl Permit and processing of the permit application(s). EA4-10 19. Preparation of a Biological Assessment, if requested by TPWD or USFWS. 20. Participation in a Public Hearing. 21. Prepare an Environmental Assessment (EA) that provides the information required by TNRCC, Corps, and other Agencies. 22. Tree Permits. 23. Any sewer capacity analysis and/or hydraulic modeling. 24. Any support of TWDB funding, or preparation of forms or reports specifically for that purpose. 25. Any additional services, which may be required by the OWNER for completion of the project that are not included in the Basic Services or Special Services. EA4-11 ATTACHMENT "B" COMPENSATION AND SCHEDULE SANITARY SEWER MAIN 257 AND 325 MIDDLE AND UPPER VILLAGE CREEK PARALLEL RELIEF ALIGNMENT STUDY AND DESIGN Sanitary Sewer System Rehabilitation and Improvements Water Project No. P170-070170140030 DOE #3650 I. Compensation A. The ENGINEER shall be compensated total lump sum fees as summarized in Exhibit `B-3' and as follows: • Part 1 —Main 257 & Main 325 Alignment Study $ 74,609.75 • Part 2 —Main 257 Detailed Engineering Design $ 439,590.99 • Part 3 —Sanitary Sewer Rehabilitation Design Within the Village Creek Basin $ 148,052.81 • Part 4 — Sanitary Sewer Rehabilitation Design Within the Main 238 Drainage Area $ 59,646.21 Payment of the total lump sum fees shall be considered full compensation for the services described in Attachment `A' and Exhibits "A-1", "A-2", "A-3" and"A-4" for labor materials, supplies and equipment necessary to complete the project. B. Partial payments shall be made monthly,as stipulated on Exhibit B-1,upon receipt of an invoice from 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 designated representative of the Water Department that such work has been performed. II. Schedule Part 1 shall be completed 100 days after notice to proceed. This schedule is dependent of CITY turnaround time on plan reviews. Part 2 design shall be completed 293 days after notice to proceed. This schedule is dependent of CITY turnaround time on plan reviews. Part 3 design shall be completed 203 days after notice to proceed. This schedule is dependent of CITY turnaround time on plan reviews. Part 4 design shall be completed 113 days after notice to proceed. This schedule is dependent of CITY turnaround time on plan reviews. EXHIBIT B-1 (SUPPLEMENT TO EXHIBIT B) METHOD OF PAYMENT SANITARY SEWER MAIN 257 AND 325 MIDDLE AND UPPER VILLAGE CREEK PARALLEL RELIEF ALIGNMENT STUDY AND DESIGN Sanitary Sewer System Rehabilitation and Improvements Water Project No. P170-070170140030 DOE No. 3650 Partial payments shall be made to the ENGINEER upon partial completion of the various services as evidenced by the ENGINEER's monthly statement. The aggregate of such monthly partial payment for Part 1,Alignment Study,shall be representative of the amount of work completed on the project as defined by Exhibit A-1, as evidenced by ENGINEER's invoice. For Part 2: Main 257&Main 325 Detailed Engineering Design(Exhibit A-2),Part 3:Village Creek Drainage Basin Sanitary Sewer Rehabilitation Design(Exhibit A-3)and Part 4: Main 238 Drainage Area Sanitary Sewer Rehabilitation Design (Exhibit A-4), the aggregate of such monthly partial payment shall not exceed the following: Until satisfactory completion of Exhibit A-2,Part B, Section 1,Exhibit A-3,Part B, Section 1 or Exhibit A-4, Part B, Section 1, hereunder, a sum not to exceed 30 percent of the respective total lump sum fee for each scope of services. Until satisfactory completion of Exhibit A-2,Part B, Section 2j,Exhibit A-3,Part B,Section 2 or Exhibit A-4, Part B, Section 2, hereunder, a sum not to exceed 70 percent of the respective total lump sum fee for each scope of services, less previous payments. Until satisfactory completion of Exhibit A-2,Part B, Section 3,Exhibit A-3,Part B, Section 3 or Exhibit A-4, Part B, Section 3, hereunder, a sum not to exceed 95 percent of the respective total lump sum fee for each scope of services, less previous payments. Balance of earnings to be due and payable after the pre-construction meeting for each project. An officer of the ENGINEER shall verify the accuracy of each invoice submitted which shall comply with the terms of the agreement. If the ENGINEER determines in the course of making design drawings and specifications that the construction cost estimate (as estimated on Exhibit "C-l", "C-211, "C-3" & "C-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 Department of Engineering and,if so instructed by Director of the Engineering Department shall suspend all work hereunder.