HomeMy WebLinkAboutContract 28673 East 7th Street Deep Tunnel Sewer Alignment Study and Design
Project No. P172-07017214110
DOE No. 4009
ENGINEERING PROPOSAL
TABLE OF CONTENTS
Standard Agreement for Engineering Services
Attachment "A" General Scope of Services
Exhibit "A-1" Part 1 - E. 7th Street Sewer Main Alignment Study
Exhibit"A-2" Part 2 - E. 7th Street Sewer Main Engineering Design
A.N.A. Consultant - Letter of Scope and Fees
Mas-Tek Engineering — Letter of Scope and Fees
Trevino & Associates — Letter Proposal and Fees
Lachel & Associates — Letter of Scope and Fees
Attachment "B" Compensation and Schedule
Exhibit "B-1" Method of Payment
Exhibit "B-2" Carter & Burgess, Inc. Hourly Rate Schedule
Exhibit"B-3" Design Fee Cost Summary
Exhibit "B-4" Summary of Fees
Alignment Study Summary of Manhours and Fees
Attachment "C" Engineer's Opinion of Probable Construction Cost
Attachment "D" Project Schedule
Exhibit "D-1" E. 7th Street Sewer Main Alignment Study
Exhibit "D-2" E. 7th Street Sewer Main Engineering Design
Attachment "E" Description of Project
Exhibit "E-1" Project Location Map � ��4
ORIGINAL. `p�'LT
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05-14-03P91902-ARNV
CITY OF FORT WORTH, TEXAS CITY SECRETARY °
STANDARD AGREEMENT FOR ENGINEERING SERVICAQNTRACT NO.
This AGREEMENT is between the City of Fort Worth(the"CITY"),and Carter&Burgess, Inc.,
(the "ENGINEER"), for a PROJECT generally described as: "East 7ch Street Deep Tunnel Sewer
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
seven (7) days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of suspension
of services, the ENGINEER shall have no liability t CITY for delays o
damages caused the CITY because of such suspension,of services. Vu
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Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in other Attachments.
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. The CITY shall furnish such surveys, tests,
and investigations, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however,that the ENGINEER shall not be liable for the use of such
drawings for any project other than the PROJECT described herein.
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
ENGINEERING AGREEMENT
Page 2 of 15
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine,in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to
make exhaustive or continuous on-site inspections to discover latent defects in
the work or otherwise check the quality or quantity of the work on the
PROJECT. If, for any reason, the ENGINEER should make an on-site
observation(s), on the basis of such on-site observations, if any, the
ENGINEER shall endeavor to keep the CITY informed of any deviation from
the Contract Documents coming to the actual notice of ENGINEER regarding
the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no control
over cost or price of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect operation or maintenance
costs; competitive bidding procedures and market conditions;time or 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.
ENGINEERING AGREEMENT
Page 3 of 15
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractorwill be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain
that the construction contractor has completed the work in exact accordance with the
Contract Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work,
materials, or equipment has passed to the CITY free and clear of liens, claims,
security interests, or encumbrances; or that there are not other matters at issue
between the CITY and the construction contractor that affect the amount that should
be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact location,
type of various components, or exact manner in which the PROJECT was finally
constructed. The ENGINEER is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (MIWBE) participation
In accord with City of Fort Worth Ordinance No. 13471, as amended by Ordinance
13781, the City has goals for the participation of minority business enterprises and
woman business enterprises in City contracts. Engineer acknowledges the M/WBE
goal established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the Engineer may result in the termination of this agreement
and debarment from participating in City contracts for a period of time of not less than
three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
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
ENGINEERING AGREEMENT
Page 4 of 15
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 that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident(or reasonably equivalent limits of coverage if written on a
split limits basis). Coverage shall be on any vehicle used in the course of the
PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
The retroactive date shall be coincident with or prior to the date of the contractual
agreement and the certificate of insurance shall state that the coverage is claims-
made and the retroactive date. The insurance coverage shall be maintained for
the duration of the contractual agreement and five (5) years following completion
of the service provided under the contractual agreement. An annual certificate of
insurance submitted to the City shall evidence such insurance coverage.
(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.
ENGINEERING AGREEMENT
Page 5 of 15
(a) With the exception of the professional liability policy and the workers
compensation policy, 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 non-payment of
premium. Such terms shall be endorsed onto ENGINEER's insurance
policies. Notice shall be sent to the respective Department Director
(by name), City of Fort Worth, 1000 Throckmorton, Fort Worth,Texas
76102.
(e) The insurers for all policies must be licensed/approved to do business
in the State of Texas. Except for worker's compensation, all insurers
must have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
(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 of credit may
also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(1) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless such are approved by the CITY.
Q) The Professional Liability insurance policy, if written on a claims made
basis shall be maintained by the ENGINEER for a minimum five (5)
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.
ENGINEERING AGREEMENT
Page 6 of 15
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood that
insurance cost is an allowable component of ENGINEER's overhead.
(1) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When subconsultants
maintain insurance coverage, ENGINEER shall provide CITY with
documentation thereof on a certificate of insurance. Notwithstanding
anything to the contrary contained herein, in the event a
subconsultant's insurance coverage is canceled or terminated, such
cancellation or termination shall not constitute a breach by ENGINEER
of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not
as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing
of any existing conflicts of interest or potential conflicts of interest, including personal
financial interest, direct or indirect, in property abutting the proposed PROJECT and
business relationships with abutting property cities. The ENGINEER further
acknowledges that it will make disclosure in writing of any conflicts of interest which
develop subsequent to the signing of this contract and prior to final payment under the
contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
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
ENGINEERING AGREEMENT
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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 other Attachments.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The ENGINEER
may rely upon the accuracy,timeliness,and completeness of the information provided
by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety equipment
as required by the ENGINEER for such access. The CITY will perform, at no cost to
the ENGINEER, such tests of equipment, machinery, pipelines, and other
components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local, state,
or federal authorities; and land, easements, rights-of-way, and access necessary for
the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
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
D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes
or becomes aware of any development that affects the scope or timing of the
ENGINEER's services or of any defect in the work of the ENGINEER or construction
contractors.
ENGINEERING AGREEMENT
Page 8 of 15
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law,the CITY will indemnify and release
ENGINEER and its officers, employees, and subcontractors from all claims,
damages, losses, and costs, including, but not limited to, attorney's fees and
litigation expenses arising out of or relating to the presence, discharge,
release, or escape of hazardous substances,contaminants,or asbestos on or
from the PROJECT. Nothing contained herein shall be construed to require
the CITY to levy, assess or collect any tax to fund this indemnification.
(2) The indemnification and release required above shall not apply in the event
the discharge, release or escape of hazardous substances, contaminants, or
asbestos is a result of ENGINEER'S negligence or if such hazardous
substance, contaminant or asbestos is brought onto the PROJECT by
ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials suppliers
on the PROJECT, or their sureties, shall maintain no direct action
against the ENGINEER, its officers, employees, and subcontractors,
for any claim arising out of, in connection with, or resulting from the
engineering services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEERING AGREEMENT
Page 9 of 15
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in other Attachments.
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.
ENGINEERING AGREEMENT
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D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on 30
days'written notice.This AGREEMENT may be terminated by either the CITY
or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with five(5)days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
C) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for convenience
so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors,and ENGINEER's compensation will be
made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct of
the ENGINEER, its employees,officers,and subcontractors in connection with
the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of negligence
or willful misconduct as determined pursuant to T.C.P. & R. Code, section
33.011(4) (Vernon Supplement 1996).
ENGINEERING AGREEMENT
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G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict or
statutory liability, or any other cause of action, except for willful misconduct or gross
negligence for limitations of liability and sole negligence for indemnification. The term
"Parties" mean the CITY and the ENGINEER, and their officers, employees, agents,
and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely to
be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by Sections
10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis.The award shall
become final ninety(90)days from the date same is issued. If litigation is filed
by either party within said ninety(90)day period, the award shall become null
and void and shall not be used by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
ENGINEERING AGREEMENT
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contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders,
laws ordinances and regulations which may exist or may be enacted later by
governing bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to
defend, indemnify and hold harmless CITY and all of its officers, agents and
employees from and against all claims or liability arising out of the violation of any
such order, law, ordinance, or regulation, whether it be by itself or its employees.
M. Negotiated Agreement.
The parties acknowledge that each party and its counsel have reviewed and
revised this Agreement and that the normal rules of construction to the effect
that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Agreement or exhibits hereto.
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" - General Scope of Services
Attachment"B" - Compensation and Schedule
Attachment "C" - Engineer's Opinion of Probable Construction Cost
Attachment"D" - Project Schedule
Attachment "E" - Description of Project
ENGINEERING AGREEMENT
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ATTEST: CITY OF FORT WORTH
B : /�-
Gloria Pearson Marc A. tt '
City Secretary Assista City Manager
n y. I C,rr APPROVAL RECOMMENDED
ContrLacct, Authorization 9 t461Qe,
A. Douglas Rademaker, P.E.
Date Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
Carter& Burgess, Inc.
By: _
Assistant City Attorney
NAME: Steven C. Veal, P.E.
TITLE: Princopal /Vice President
ENGINEERING AGREEMENT
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ATTACHMENT "A"
General Scope of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions
set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope
of Services and the General Scope of Services, the Supplemental Scope of Services shall have
precedence over the General Scope of Services."
GENERAL,
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the City
regarding the scope of project so that the plans and specifications which are to be developed
hereunder by the Engineer will result in providing facilities which are economical in design and
conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be necessary for
the design of the proposed street, and storm drain and/or water and wastewater facili-
ties/improvements. It shall be the Engineer's duty hereunder to secure necessary information
from such outside agencies, to meet their requirements.
3) Geotechnical Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations that
may be needed. In the event it is determined necessary to make borings or excavate test
holes or pits, the Engineer shall in coordination with the City and the City's geotechnical
engineering consultant, draw up specifications for such testing program. The cost of the
borings or excavations shall be paid for by the City.
4) Agreements and Permits
The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain
any and all agreements and/or permits normally required for a project of this size and type.
The Engineer will be responsible for negotiating and coordinating to obtain approval of the
agency issuing the agreement and/or permits and will make any revisions necessary to bring
the plans into compliance with the requirements of said agency, including but not limited to
highways, railroads, water authorities, Corps of Engineers and other utilities.
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineers own cost and expense, unless such changes are
required due to changes in the design of the facilities made by the permitting authority. If such
changes are required, the Engineer shall notify the City and an amendment to the contract
A-1
shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a
mutually agreeable and reasonable time extension shall be negotiated.
6) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic film
sheets, or as otherwise approved by the Department of Engineering and shall become the
property of the City. City may use such drawings in any manner it desires; provided, however
that the Engineer shall not be liable for the use of such drawings for any project otherthan the
project described herein; and further provided, that the Engineer shall not be liable for the
consequences of any changes that are made to the drawings or changes that are made in the
implementation of the drawings without the written approval of the Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction of the
project. Engineer shall determine ownership of such land and furnish the City with the
necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the
rights-of-way and/or easements for the construction of this project. Sketches and easement
descriptions are to be presented in form suitable for direct use by the Department of
Engineering in obtaining rights-of-way, easements, permits and licensing agreements. All
materials shall be furnished on the appropriate City forms in a minimum of four (4) copies
each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans and
Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any
proposed utility liens or adjustment to existing utility lines within the project limits. The
information obtained shall be shown on the conceptual plans.The Engineer shall show on the
preliminary and final plans the location of the proposed utility lines, existing utility lines, based
on the information provided by the utility, and any adjustments and/or relocation of the existing
lines within the project limits. The Engineer shall also evaluate the phasing of the water,
wastewater, street and drainage work, and shall submit such evaluation in writing to the City
as part of this phase of the project.
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
A-2
Engineer shall receive written approval of the Phase 1 Plans from the City's project manager
before proceeding with Phase 2.
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and
five (5) copies of the preliminary technical specifications for review by the City and for
submission to utility companies and other agencies for the purposes of coordinating work with
existing and proposed utilities. The preliminary construction plans shall indicate location of
existing/proposed utilities and storm drain lines.The Engineer shall receive written approval of
the Phase 2 plans from the City's project manager before proceeding with Phase 3.
PHASE 3
13) Final Construction Plans
The Engineer shall furnish five(5)copies of the final construction plans and contract specifica-
tions for review by the City.
14) Detailed Cost Estimate
The Engineer shall furnish four(4)copies of detailed estimates of probable construction costs
for the authorized construction project, which shall include summaries of bid items and
quantities.
15) Plans and Specification Approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state and federal laws
and with applicable rules and regulations promulgated by local, state and national boards,
bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from
the City's project manager before proceeding with Phase 4.
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.
A-3
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 as to the
acceptability of alternate materials and equipment proposed by the prospective constructors.
18) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the construction
of the project and shall make a recommendation of award to the City.
19) Prebid Conference
The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation
sheets and provide assistance to the owner in evaluating bids or proposals and in assembling
and awarding contracts for construction, materials, equipment, and services.
PHASES
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters concerning the layout of the project
during its construction and will set control points in the field to allow City survey crews to stake
the project. The setting of line and grade stakes and route inspection of construction will be
performed by the City.
22) Site Visits
The Engineer shall visit the project site at appropriate intervals as construction proceeds to
observe and report on the progress and the quality of the executed work.
23) Shop Drawing Review
The Engineer shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratory, shop, and mill test
reports on materials and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract documents,
review change orders and make recommendations as to the acceptability of the work, at the
request of the City.
A-4
25) Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field
conditions encountered.
26) Record Drawings
The Engineer shall prepare record drawings from information submitted by the contractor.
A-5
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
East 7th Street Deep Tunnel Sewer Alignment Study and Design
Part 1 — E. 7th Street Sewer Main Alignment Study
Project No. P172-070172141110
DEO No. 4009
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 4,000 linear feet of main
sewers with approximately 5,500 linear feet of sewer. This is to replace the existing sewer line that
was originally constructed in the early 1900's with a new sewer main. Generally, replacement sewer
is as follows:
Main Existing Size New Replacement Length
7th Street Sewer Main 24 Inch 5,500 Linear Feet
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 sewer as described herein:
A. The Alternate Route Option evaluation will be limited to the following sewer segment:
(1) From DS-100 located at E. 7th Street and Commerce and to connect to sewers DSL
32T and to Main 545, somewhere in the vicinity of the Burlington Northern Santa Fe
railroad tracts.
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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. For each alignment alternative the following will be investigated:
(1) Permit constraints.
(2) Right-of-way availability.
(3) Points of connection to system.
(4) Route corridors.
(5) Alignment constraints.
(6) Construction feasibility.
(7) Conflicts with highways and utilities.
(8) Regulatory constraints.
(9) Geological constraints.
(10) Use of diversion structures.
(11) Odor control issues.
(12) Corrosion issues.
F. Study to investigate the abandonment of sewer segments M34 (approximately 6,000 linear
feet).
G. Accompany CITY on the following field reconnaissances:
(1) Initial reconnaissance to observe alignment of existing sewers.
(2) Final reconnaissance to observe recommended alignment.
H. Prepare draft Alignment Option Evaluation Study setting forth conclusions and
recommendations of evaluation and submit five (5) copies to CITY.
I. Meet with CITY to review draft study and receive CITY comments. ENGINEER will provide
CITY an acceptable alignment option.
J. Perform geotechnical investigation for tunnel feasibility (maximum of nine (9) borings total
for the alignment study). Develop exploration program guideline document. Geotechnical
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investigation will also include laboratory testing as necessary for the feasibility level
identification of the route.
K. Public participation including workshops, meeting with citizens, preparing exhibits and
description of the alignment, etc.
L. Finalize alignment study and submit five (5) copies to CITY.
M. After finalizing study, 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".
EA1-3
EXHIBIT "A-2"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
East 7th Street Deep Tunnel Sewer Alignment Study and Design
Part 2 — E. 7th Street Sewer Main Engineering Design
Project No. P172-070172141110
DOE No. 4009
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT"A".
Work under this attachment includes replacement of approximately 4,000 linear feet of main sewers
with approximately 5,500 linear feet of sewer. This is to replace the existing sewer line that was
originally constructed in the early 1900's with a new sewer. Generally, replacement sewer are as
follows:
mab Existing Size (in.) New Replacement Length
7th Street Sewer Main 24 Inch 5,500 Linear Feet
The detailed engineering design shall be new 24"sewer beginning at DS-100 located at 7th Street
and Commerce and connect to sewers, DSL 32T and to Main 545, somewhere in the vicinity of the
Burlington Northern Santa Fe railroad tracts.
This scope of services shall exclude the remainder of Main 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).
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One (1) review meeting at completion of the CITY's review of the conceptual
engineering plans.
b. 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,.Q days after acceptance
and approval by the CITY of the final route alignment.
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
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.,
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and Addition Names) along with property ownership shall be provided on the plan
view.
C. For sewer lines, replacement will be located on the base sheets prepared from
survey information gathered under Special Services Section. 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 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. Review Construction Methods
• Analyze the type and thickness of construction pipe material.
• Determine methodology for the tunnel construction.
• Determine schemes for any special construction (i.e., working in downtown
area, railroad, TxDOT).
• Analyze system for stream/highway crossing sections.
• Analyze tunnel sections.
g. Design and prepare plans for service laterals (maximum of 4) that will connect to
this new sewer main tunnel, i.e., three service areas near Kay Granger's property
and the one area near the BNSF Railroad.
h. 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.
i. 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.
EA2-3
j. Utility Clearance Phase
The ENGINEER will consult with the CITY's Water Department, Department of
Engineering, and other CITY departments, public utilities, private utilities, 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.
k. Preliminary Construction Plan Submittal
Preliminary plans and specifications shall be submitted to CITY QQ 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:
Cover Sheet
General Notes & Quantities
Easement and Right-of-Way Layout (if applicable)
Plan & Profile Sheets (1" = 20' H & 1" = 4'V
Standard Construction Details
Special Details (If applicable)
The ENGINEER shall submit a preliminary estimate of probable construction costwith
the preliminary plans submitted. ENGINEER shall assist CITY in selecting the feasible
and/or economical solutions to be pursued.
I. Review Meetings with CITY
The ENGINEER shall meet with CITY to discuss review comments for preliminary
submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Design
for Final Review.
M. Public Meeting
After the preliminary plans have been reviewed and approved by the CITY,
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.
EA2-4
3. Final Engineering Plan Submittal
a. Final Construction Documents shall be submitted to CITY EQ 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.
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
The ENGINEER shall attend and participate in a monthly progress meeting as requested by
the CITY. The ENGINEER shall submit a progress schedule after the design contract is fully
executed. The schedule shall be updated and submitted to the CITY along with monthly
progress report as required under Attachment "B" of the contract.
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.
EA2-5
• Compile base plan from field survey data at 1"-20' scale.
• Obtain permission for surveying through private property. Locate horizontal and
vertical alignment of utility lines. The improvements, trees, fences, walls, etc.,
horizontally along rear lot lines in an approximately 20' wide strip. In addition,
locate all rear house corners and building corners in backyards. Compile base
plan from field survey data at 1" = 20' horizontal and 1" = 4' vertical scale.
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).
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.l.'s, Manholes,Valves,etc., in the same coordinate
system, as the Control.
4. No less than two horizontal control points, per line or location.
5. Bearings given on all proposed centerlines, or baselines.
6. Station equations relating utilities to paving, when appropriate.
EA2-6
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"(see
A.N.A. Consultants scope and fee proposal letter).
4. Storm Water Pollution Prevention Plan (SWPPP)
The engineer shall prepare required storm water pollution prevention plans (see A.N.A.
Consultants scope and fee proposal letter).
5. Traffic Control Plans
The engineer shall prepare traffic control plans for work done within CITY thoroughfare or
TxDOT right-of-ways (see attached A.N.A. Consultants scope and fee proposal letter).
6. Geotechnical Investigation
Prepare geotechnical engineering report for the selected alignment in accordance with the
attached Scope (see attached Mas-Tek 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.
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.
EA2-7
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 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.
EA2-8
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.
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 support of TWDB funding, or preparation of forms or reports specifically for that
purpose.
23. 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.
EA2-9
A ` : v' A CONSULTANTS, L.L.C.
EN(INEERS,SURVEYORS,PLANNERS&ARMTEMS
1701 River Run,Suite 610 Fort Worth,Texas 76107 (817)335-9900 Fax(817)335-9955
AUTHORIZATION FOR PROFESSIONAL SERVICES
PROJECT NAME: C&B 7`h
Street Deep Tunnel
PROJECT No.: 03-0140
CLIENT: Carter& Burgess, Inc.
ADDRESS: 777 Main St.
Ft. Worth, Texas 76102
SCOPE OF SERVICES:
SURVEY SERVICES:
Provide design survey services for approximately 5,500 L.F. of deep tunnel sanitary
sewer in downtown Fort Worth. See attached Exhibit 'A' for detail Scope of Services.
ENGINEERING SERVICES:
Provide traffic control layout for of deep tunnel sanitary sewer in downtown Fort Worth.
Provide storm water pollution plan (SWPPP) and permit preparation for approximately
5,5000 L.F. of deep tunnel sanitary sewer in downtown Fort Worth. See attached Exhibit
`B'for detail Scope of Services.
COMPENSATION:
SURVEY SERVICES:
1) Topographic Survey and Control for Design - $ 18,000.00
2) Right-of-Way Map Preparation and Utility Research - $ 10,000.00
3) Easement Preparation: (5 @ $1,000.00 ea.)- $ 5,000.00
TOTAL SURVEY COMPENSATION: $33,000.00
ENGINEERING SERVICES:
1) Traffic Control Sheet Preparation (2 sheet limit) - $ 3,500.00
2) SWPPP preparation - $ 5,000.00
3) Permit Preparation $ 5,000.00
TOTAL ENGINEERING COMPENSATION:$ 13,500.00
TOTAL COMPENSATION: $46,500.00
Additional services not covered in this authorization and its attachments will be provided
on an hourly basis per Exhibit `C'.
Services covered by this authorization shall be performed in accordance with
PROVISIONS stated on the attached form.
Approved for CLIENT Accepted for A.N.A. Consultants, L.L.C.
By: By.—;J�
Bart Hines, P.E. ark(-N. A .
Title: Senior Project Manager Title: — Director Municipal Development
G:\JOB\030140\CONTRACT'\authorization-l.doc
03/04/03 Excellence in Engineering
EXHIBIT "A"
SCOPE OF SERVICES
for
SURVEY SERVICES
The following is a SCOPE OF SERVICES will be provided for Carter & Burgess, Inc. (the
ENGINEER) by A.N.A. Consultants, L.L.C. (the SURVEYOR). Work under this attachment
includes surveying services for the following project:
City of Fort Worth 7th Street Deep Tunnel
Upon receipt of notice to proceed, the SURVEYOR will perform the following tasks:
Topographic Survey for Design
a. SURVEYOR 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 of buried utilities (if available), structures, and
other above ground features relevant to the final plan sheets.
b. Compile base plan from field survey data at 1"=40' horizontal scale.
C. Stake the geotechnical borings based on ENGINEER's direction.
Staking for geotechnical borings will be a one time staking.
Additional stakings will be considered extra, and performed on an
hourly rate of$115.00 per hour for field crew.
d. Establish a horizontal and vertical control network with not less than
one control point, per 500 L.F. shall be placed along proposed
alignment, and shall contain the following information:
1. Identification (Existing City Monument #8901, PK Nail, 5/8"
Iron Rod)
2. X, Y and Z Coordinates, in an identified coordinate system,
and a referred bearing base. Z coordinate on City Datum
only.
3. 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).
G:V08\030140\C0NTRACT\5cope of Services-Survey.doc
-1-
e. When conducting design survey at any location on the project, the
surveyor shall carry readily visible information identifying the name
of the company and the company representative. All company
vehicles shall also be readily identified.
Right—of-Way Map Preparation for Design
The SURVEYOR will conduct property research for availability of
existing plats and easements. The SURVEYOR will prepare right-
of-way maps for design purposes based on property/right-of-way
research information found and available on ground property
information obtained within route corridor. (ie. Iron rods, fences,
stakes, etc.).
Right-of-way/Easement Preparation
Preparation of right-of-way and easements will be in conformance
with "Submittal of Information to Real Property for Acquisition of
Property", and will be performed at the direction of the ENGINEER.
The COFW will be responsible for the acquisition of these
easements and/or right-of-ways from the landowners.
Compensation for easement preparation will be provided at a cost
per each as designated in the authorization.
Utility Research
Obtain readily available utility information including water, sewer,
gas, electric, telephone, fiber optics, rail, storm and other
underground utilities/structures.
File Format Submittal
All field notes, plats, maps, legal descriptions, all drawing files, or
other specified documents prepared in conjunction with the
requested services shall be provided in MicroStation (DGN). All
text data such as base plan data points, legal descriptions, and
coordinate files, shall be provided in the American Standard Code
for Information Interchange (ASCII)format.
G:\30B\030140\C0NTRACT\Scope of Services-Survey.doc
-2-
EXHIBIT B
SCOPE OF SERVICES
for
ENGINEERING SERVICES
The following is a SCOPE OF SERVICES will be provided for Carter & Burgess, Inc. (the
ENGINEER) by A.N.A. Consultants, L.L.C. (the CONSULTANT). Work under this
attachment includes engineering services for the following project:
City of Fort Worth 7`h Street Deep Tunnel
Upon receipt of notice to proceed, the CONSULTANT will perform the following tasks:
Traffic control Plan Preparation
Prepare detail Traffic Control Plan following approval of preliminary plans
(each sheet shall be stamped, dated, and signed by the CONSULTANT.)
for deep tunnel sanitary sewer as per the
prime agreement. CONSULTANT's design will be limited to two (2) plan
sheets and five (5) typical traffic control and work zone detail sheets.
The ENGINEER will provide the CONSULTANT with all necessary layout
files in MicroStation format need to prepare traffic control plan sheets.
The CONSULTANT shall deliver plan sheets in MicroStation (*.dgn)
format and reproducible sheets for all necessary submittals as per the
prime agreement.
Storm Water Pollution Prevention Plan Preparation
Prepare Storm Water prevention pollution plan following approval of
preliminary plans (each sheet shall be stamped, dated, and signed by the
CONSULTANT.) for approximately 5,500 L.F. of deep tunnel sanitary
sewer as per the prime agreement.
The CONSULTANT shall deliver files in Microsoft Word Format (*.doc)
and hard copy for all necessary submittals as per the prime agreement.
Permit Preparation
Prepare TxDOT and Union Pacific utility crossing permits (approximately 5
permits) following approval of preliminary plans (each sheet shall be
stamped, dated, and signed by the CONSULTANT.) for
deep tunnel sanitary sewer as per the prime agreement.
G:VOB\030140\CONTRACT\Scope of Services-Engineering.doc
EXHIBIT C
SCHEDULE OF FEES AND RATES
Employee Classification Rate/Hour
(Range)
Principal $100 - 150
Project Manager/ Planner $ 80 - 100
RPLS $ 75 - 95
Design Engineer $ 60 - 75
Designer/ CAD Operator $ 40 - 75
Survey Technician $ 50 - 60
Draftsman $ 40 - 50
Clerical $ 30 - 45
Survey Crew $ 70 - 100
Reimbursables Cost + 10%
Mileage $ 0.32 Per
Mile
Reproduction work will be at current commercial rates. Subcontractors will be
paid for at actual invoice cost plus ten percent (10%).
G:\J0B\030140\C0NTRACT\Scope of Services-Engineering.doc
PROVISIONS
1. AUTHORIZATION TO PROCEED 9. ARBITRATION
Signing this form shall be construed as authorization by All claims,disputes,and other matters in question arising out of,or
CLIENT for A.N.A. to proceed with the work, unless relating to,this Authorization or the breach thereof may be decided
otherwise provided for in the authorization. by arbitration in accordance with the rules of the American
Arbitration Association then obtaining. Either CLIENT or A.N.A.
2. LABOR COSTS may initiate a request for such arbitration,but consent of the other
A.N.A.'s Labor Cost shall be the amount of salaries paid party to such procedure shall be mandatory. No arbitration arising
A.N.A.'s employees for the work performed on CLIENTS out of , or relating to this Authorization may include, by
Project plus a stipulated percentage of such salaries to consolidation,joinder,or in any other manner,any additional party
cover all payroll-related taxes, payments, premiums, and not a party to this Authorization.
benefits.
10. LEGAL EXPENSES
3. DIRECT EXPENSES In the event legal action is brought by CLIENT or A.N.A. against
A.N.A's Direct Expense shall be those costs incurred on or the other to enforce any of the obligations hereunder or arising out
directly for the CLIENT'S Project including but not limited to of any dispute concerning the terms and conditions hereby
necessary transportation costs including milage at A.N.A.'s created, the losing party shall pay the prevailing party such
current rate when its automobiles are used, meals and reasonable amounts for fees,cost and expenses as may be set by
lodging, laboratory test and analyses, computer services, the court.
word processing services, telephone, printing and binding
charges. Reimbursement for these EXPENSES shall be on 11. PAYMENT TO A.N.A., L.L.C.
the basis of actual charges when furnished by A.N.A. Monthly invoices will be issued by A.N.A. for all work performed
Consultants, L.L.C. under the terms of this agreement. Invoices are due and payable
on receipt. Interest at the rate of 1.5%per month will be charged
4. OUTSIDE SERVICES on all past-due amounts, unless not permitted by law, in which
When technical or professional services are furnished by case, interest will be charged at the highest amount permitted by
an outside source, when approved by the CLIENT, an law.
additional amount of 10% shall be added to the cost of
these services for A.N.A's administrative cost. 12. LIMITATION OF LIABILITY
A.N.A.'s liability to the CLIENT for any cause or combination of
5. COST ESTIMATES causes is in the aggregate, limited to an amount no greater than
Any cost estimates provided by A.N.A.will be on a basis of the fee earned under this agreement.
experience and judgement,but since it has no control over
market conditions or bidding procedures A.N.A. cannot 13. ADDITIONAL SERVICES
warrant that bids or ultimate construction costs will not vary Services in addition to those specified in Scope will be provided by
from these cost estimates. A.N.A. if authorized in writing by CLIENT. Additional services will
be paid for by CLIENT as indicated in attached Basis of
6. PROFESSIONAL STANDARDS Compensation or as negotiated.
A.N.A. shall perform its professional services pursuant to
the standard of care which would be applied by a 14. SALES TAX
reasonable and prudent registered professional engineer in In accordance with the State Sales Tax Codes, certain surveying
the State of Texas providing services under the same or services are taxable. Applicable sales tax is not included in the
similar scope of service for the same or similar types of above proposed fee. Sales tax at an applicable rate will be
projects. indicated on invoice statements.
7. WARRANTY 15. SURVEYING SERVICES
A.N.A.'s services are professional services limited to the In accordance with the Professional Land Surveying Practices Act
exercise of judgment and the rendering of advice and of 1989,the client is informed that any complaints about surveying
opinions and,as such,A.N.A. makes no warranty,express services may be forwarded to the Texas Board of Professional
or implied. Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas
78752, (512)452-9427.
8. TERMINATION
Either CLIENT or A.N.A.may terminate this authorization by In case any one or more of the provisions contained in this
giving 30 days written notice to the other party. In such Agreement shall be held illegal,the enforceability of the remaining
event CLIENT shall forthwith pay A.N.A. in full for all work provisions contained herein shall not be impaired thereby.
previously authorized and performed prior to effective date JANUARY 2002
of termination. If no notice of termination is given,
relationships and obligations created by this Authorization
shall be terminated upon completion of all applicable
requirements of this Authorization.
G:WNAFORMS\PROVISIONS.DOC Excellence in Engineering
RECEIVED Mas TEK Engineering
March 3, 2003 MAR 0 5 2003 & Associates, Inc.
CARTER&BURGESS,INC.
Mr. Wm. Bart Hines, P.E. Phn: (817) 735-6202
Senior Project Manager Fax: (817) 735-6148
Carter & Burgess, Inc.
777 Main Street
Fort Worth, Texas 76102
Re: Subsurface Exploration Borings and
Geotechnical Investigation Proposal
COFW Sewer Micro-Tunnel
5500 Lf. Sewer Micro-Tunnel
Downtown Fort Worth, Texas
Mas-Tek Proposal No. P03-0131 E-R3
Dear Mr. Hines:
Mas-Tek Engineering and Associates is pleased to submit this proposal to perform subsurface
exploration borings and provide a geotechnical report for the above referenced project.
PROD_r'T. .. INFORMATION
The project involves the design and construction of a 24" sewer line along a 5500 Lf. alignment
in Downtown Fort Worth.
DRILLING AND SAMPLING
A total of ten (10) borings to 50' depths are proposed for the preliminary investigation. Six
additional borings to 50' depths are proposed for the final report. All borings are to be staked by
client in areas accessible to truck mounted equipment. Ground elevations at each boring
location will also by provided by client. All borings must be located at least 15' off of the
proposed alignment to allow backfilling with soil cuttings in lieu of cement grout.
Mas-Tek will sample non-cohesive overburden with a split-spoon sampler. Standard penetration
tests will be made to ascertain relative density of material by measuring the blow count and
recording per ASTM Standards. In cohesive overburden materials, Mas-Tek will take
undisturbed samples using a Shelby tube sampler. Samples will be preserved for laboratory
testing. Rock will be cored with a double-tube NX core barrel at some locations. All soil and
rock core samples will be placed in standard cardboard core boxes.
Geotechnical Consulting & Materials Testing
2550 Beckleymeade, Suite 105 Dallas,Texas 75237 972 709-7384
Carter & Burgess, Inc.
COFW Deep Sewer Tunnel
Mas-Tek Proposal No. P03-0131 E-R3
March 3, 2003
Page 2
Borings will be logged in the laboratory under the supervision of a Senior Geotechnical
Engineer. The recovery and rock RQD for each core run performed will be measured and
reported on the boring logs.
GROUNDWATER
The depth where groundwater is first encountered will be reported on the boring logs. All
borings will be backfilled with cuttings and patched with concrete after completion. Boring
locations must be offset at least 15' off alignment of center line. Otherwise, borehole grouting
will be required if borings are drilled on or near the proposed alignment or if required by Lachel.
This would be an additional charge as indicated on attachment.
CARE AND HANDLING OF SAMPLES
Soil Samples. Disturbed soil samples will be sealed in plastic bags to prevent loss of moisture.
Undisturbed cohesive soil samples will be sealed to prevent loss of moisture and shrinkage.
Cohesive soils will be extruded from the sample tube immediately after the sample is obtained
and placed in plastic sample bags. Soil samples will then be placed in standard cardboard core
boxes.
Rock Core Samples. Rock samples selected for laboratory testing will be specially handled
and designated as "Special Core". Selected samples of rock core for laboratory testing will be
one to two feet in length of unbroken sample, if possible. Depths of greatest interest will be
specified for each boring to guide the geologist or engineer logging the rock in selection of
appropriate samples for laboratory testing. In addition, samples containing apparent Bentonite
seams or evidence of fracture filling material, or samples exhibiting more argillaceous facies, will
also be selected for handling as "Special Core" to insure preservation of these more fragile
characteristics which can be important for design. The "Special Core" samples will be placed in
plastic bags to prevent moisture loss. All other cores of testable length will also be placed in
plastic sample bags.
All core will be stored in an environmentally controlled (heated/air-conditioned) warehouse until
the final geotechnical report is completed. The core will be disposed of 30 days after the final
report is completed. If the City of Fort Worth desires, the core can be delivered to their facility at
an additional charge as indicated on attachment. Mas-Tek should be notified after the final
report is completed.
Carter & Burgess, Inc.
COFW Deep Sewer Tunnel
Mas-Tek Proposal No. P03-0131 E-R3
March 3, 2003
Page 3
LABORATORY TESTING
Prior to beginning the laboratory testing program, all soil and rock core will be carefully
examined by the undersigned Senior Geotechnical Consultant. Selected samples will be
properly preserved and delivered to our testing laboratory for classification and strength testing.
For estimating purposes, we have assumed the following type of tests will be performed:
• Atterberg Limits Tests
• Moisture Content Tests
• Unit Weight Determinations
• Unconfined Compression Tests
• Splitting Tensile Tests
Also, pocket penetrometer readings will be performed on all clay and shale samples. The results
of all pocket penetrometer readings will be reported on the boring logs along with field Standard
Penetration Test results.
SAMPLE LOCATIONS AND TEST PROCEDURES
Samples to be preserved and sent to the laboratory will be selected. Generally, in a micro-
tunnel section of the project, samples for unconfined testing will be taken at representative
locations 10 feet above the crown and at the crown
GEOTECHNICAL REPORT
Mas-Tek will furnish the engineer five (5) copies of a Geotechnical Report detailing the
investigation, subsurface conditions, boring logs with rock RQD and results of laboratory testing.
Recommendations for design and construction considerations have not been included in this
proposal.
Design of the tunnel shoring, lining, shafts, dewatering systems, construction considerations
and settlement estimates are not included within the scope of our work. Evaluation of existing
structures that could be impacted by tunneling activities are also not included within our scope
of work.
Carter & Burgess, Inc.
COFW Deep Sewer Tunnel
Mas-Tek Proposal No. P03-0131 E-R3
March 3, 2003
Page 4
UTILITY CLEARANCE AND RIGHTS-OF-ENTRY
The Owner or Client will provide right-of-entry for drilling during normal working hours. Any
dozer assistance required to access boring locations with conventional truck mounted
equipment must also be provided by Client. Mas-Tek will be responsible for utility clearance
coordination.
TERMS AND CONDITIONS
We have assumed that we will have the right-of-entry to the property and that the boring
locations will be accessible to our truck mounted drilling equipment during normal working
hours. Any existing underground utilities will be located prior to drilling activities. Invoices for
work performed will be submitted the middle of each month and are payable within 30 days.
CLOSURE
We look forward to working with you on this project. Should you have any questions, please
contact the undersigned at your convenience. If acceptable, please sign below as our
authorization to proceed.
Sincerely,
MAS-TEK ENGINEERING & ASSOCIATES, INC.
Mark J. Farr w, P.E.
Principal
Approved by:
Date:
Signature
Title
PRELIMINARY INVESTIGATION
PROJECT BUDGET SUMMARY
Estimated Estimated Estimated
Units Unit Cost Cost
FIELD INVESTIGATION
Permits, Clearing, & Dozer Work Cost+ 10%
Pavement Penetrations/Patching 10 ea $70.00 $700.00
Downtown Traffic Control 10 ea $70.00 $700.00
Site Reconnaissance, Field & Laboratory Coordination, 20 hr. $88.00 $1,760.0010 hr. $45.00 $450.00
Utility Clearance by Geotechnical Consultants/Aide
4 hr. $120.00 $480.00
Field Trips, ea. 5 $30.00 $150.00
Rig Mobilization & Support Vehicles per day 5 $250.00 $1,250.00
Soil Drilling & Sampling 350 $10.00 $3,500.00
Continuous Rock Coring 150 $20.00 $3,000.00
Logging, Sample Handling, Waxing by Geologist/day 0 $700.00 $0.00
2"Groundwater Monitor Well, feet 0 $20.00 $0.00
Additional Well Installation, Labor, and Purging, hour 0 $150.00 $0.00
Cardboard Core Boxes, ea. 0 $10.00 $0.00
Well Covers, Well Materials Lump Sum $3,000.00 $0.00
Grouting Boreholes per TNRCC, foot 0 $10.00 $0.00
Penetration Tests, ea. 20 $30.00 $600.00
ESTIMATED FIELD SUBTOTAL $12,595.00
LABORATORY TESTS
Atterberg Limits Tests, ea. 10 $45.00 $450.00
Moisture Content, ea. 20 $5.00 $100.00
Unconfined Compressive Strength Tests, ea. 15 $40.00 $600.00
Swell Tests (Pressure-Swell), ea. 0 $220.00 $0.00
Hand Penetrometer(Strength-Swell Profiling), ea. 80 $2.00 $160.00
Splitting Tensile, ea. 3 $80.00 $240.00
Grain Size with Hydrometer, ea. 0 $200.00 $0.00
Unit Weight, ea. 18 $17.00 $306.00
Consolidation, ea. 0 $350.00 $0.00
Slake Durability(Cycled), ea. 0 $400.00 $0.00
Jar Slake 0 $100.00 $0.00
Direct Shear 0 650.00 $0.00
ESTIMATED LABORATORY SUBTOTAL $1,856.00
PROJECT BUDGET SUMMARY
Estimated Estimated Estimated
Units Unit Cost Cost
SOIL/CORE EXAMINATION, SAMPLE REWRAPPING, MONITORING WATER LEVELS
Project Manager, Senior Geotechnical Consultant, hr. 10 $120.00 $1,200.00
Project Engineer, hr. 10 $88.00 $880.00
Engineering Aide, hr. 8 $45.00 $360.00
AutoCAD Technician, hr. 16 $50.00 $800.00
Trip Charge . 0 $30.00 $0.00
Well purging, sampling, testing, water quality 0 1,100.00 $0.00
Clerical, hr. 10 $45.00 $450.00
Meetings, Design Coordination w/Consultant Team hr. 0 $120.00 $0.00
Reimbursables, Bailers, Core Spacers, Transport, etc. Lump Sum $250.00 $250.00
ESTIMATED ENGINEERING SUBTOTAL $3,940.00
STORAGE OF CORE, PRE-BID PRESENTATION ON-SITE, PRE-CONSTRUCTION
PRESENTATION ON-SITE
Environmental Controlled Core Storage (month) 0 $150.00 $0.00
Core Transport to Site Pre-Bid and Pre-Construction tris 0 $500.00 $0.00
Core Pre-Bid Presentation/Pre-Construction Meetings ea. 0 $750.00 $0.00
ESTIMATED STORAGE/PRESENTATION SUBTOTAL $0.00
ESTIMATED PRELIMINARY TOTAL (10 Borings) $18,391.00*
FINAL INVESTIGATION (6 Borings) $13,609.00
ESTIMATED TOTAL $32,000.00
*Does not include any clearing or dozer work or permits required for access by truck mounted
drilling equipment. Does not include re-drilling for borings if requested by Client or Owners
Consultant if low core recovery occurs due to inclusions within formation or blockage within core
barrel caused by jointing orientation, bentonite/clay seams or any other reason. Proposal
estimate does not include any other special handling cost that is not identified and/or included.
Additional Charges
Grouting boreholes $10.00 /ft.
Delivery of Core to COFW Time and Materials Indicated above.
LACHEL
SSOCI L
Geatechvwz 3 UndeNrovnd Strunwrns
March 6, 2003
Mr. Wm. Bart Hines, P.E.
Carter & Burgess, Inc.
777 Main Street
Fort Worth, TX 76102
Re: East 7th Street Deep Tunnel Sewer
Dear Mr. Hines:
LACHEL & Associates, Inc. (L&A) is pleased to confirm our participation with Carter and
Burgess on the above referenced project. We understand that our effort level and
budget for this project has been defined at a total of 80 hours. At this effort level, we will
be able to act in a review and advisory role, particularly relative to the geotechnical
investigation scope and results, and to the geotechnical conditions as they affect
tunneling for this project. We envision the following tasks:
1) We will provide comments on the both the feasibility level and design level
geotechnical investigation work scopes (Scopes to be developed by others).
2) We will review the results of the geotechnical investigations, compare them with
the results of previous projects, and provide comments on the reasonableness of
the results. The budget does not permit detailed interpretation and analysis for
determination of geotechnical properties of the various geologic strata, or
preparation of a Geotechnical Design Summary Report or Geotechnical Baseline
Report to document the geotechnical design basis to bidders and/or serve as a
baseline during construction. Should others prepare such a document, we would
review it and provide comments, as budget constraints permit.
3) As budget permits, we will assist Carter & Burgess in development of the Route
Study Report, by providing input on geotechnical, tunneling and constructability
issues of the report related to the tunnel construction alternatives and
alignments. Feasibility level assessment of the costs associated with the
presented tunnel alternatives will be developed by others.
4) As budget permits, we will assist Carter & Burgess in development of the project
Contract Documents, by again providing input on constructability issues related
to the developed tunnel design. Tunnel design calculations, determination of
tunnel and shaft loadings, preparation of specifications, drawings, and
P. O. Box 5266 • Golden, CO 80401 • (303) 279-4321 • Fax (303) 279-0414 •www.lachel.com
J. ACHE L1
.SS0CI E�L,
Gtutechoms&tlndar+ground$tma-tures
geotechnical documents (i.e., GDSR or GBR) related to tunneling, and the
Engineer's estimate of tunnel and shaft costs will be performed by others.
We appreciate the invitation to join your team, and we look forward to the working with
you on this most interesting project.
Regards,
LACHEL & Associates, Inc.
Dennis J. Lachel
President
P. O. Box 5266 • Golden, CO 80401 • (303) 279-4321 • Fax(303) 279-0414 •www.lachel.com
Attachment C -Schedule of Compensation
Subconsultant Agreement between
Carter& Burgess, Inc. and LACHEL &Associates, Inc. for
City of Fort Worth— East 7h Street Deep Tunnel Project
Employee and Title Billing Rate, $/hr
Dennis J. Lachel, P.G., President $160.00
C. Richard Linamen, Construction Advisor $135.00
David R. Chapman, P.E., Chief Geotechnical Engineer $130.00
M. Lee Renegar, Senior Construction Engineer $120.00
George R. Teetes, Ph.D., P.E., Senior Geotechnical/Tunnel Engineer $105.00
Kurt Braun, P.E., Structural Engineer $85.00
Expenses
Airfare, lodging, car rental, parking, FedEx, and miscellaneous expenses at cost. Mileage
at current Federal government established rate.
of ro1+=YD rI'-r r.eiG
�u c.� �cc_r.� iv vv rr.v. rr Cv IrIV OrI"IJJUl.:1 Q l,CJ
Hugo C. Trevino and Associates
Reprographics CADD Engineering
Terry Foyt P.E. February, 28 2003
Carter-Burgess
7950 Elmbrook Drive
Dallas Texas 75247
Re: 7th Street Sewer Project Reproduction Services
Mr. Foyt,
This will confirm our conversation regarding our membership on your team for this
project. We will provide you with reprographic services at the schedule below for a
maximum contract amount of 9300.00. Any amount beyond this will be considered
extra and will be agreed to by all parties prior to the work being completed.
The schedule of our services for this project will be as follows:
Bond prints .20 per sq. foot
Digital scanning .18 per sq. foot
Binding .65 per set
Specifications .10 per image
GBC binder's 1.50 each
Any other services will be priced as requested
If you should have any other questions or need additional information please feel
free to call me at 817-675-0166.
Regards
'ck Stump
Director of Sales & Marketing
HC Trevino & Associates
TOTAL P.02
ATTACHMENT "B"
COMPENSATION AND SCHEDULE
7T" Street Sanitary Sewer Main Alignment Study and Design
Sanitary Sewer System Improvements
Water Project No. P172-070172141110
DOE #4009
I. Compensation
A. The ENGINEER shall be compensated total lump sum fees as summarized in
Exhibit 'B-3' and as follows:
• Part 1 — 7T". Street Sewer Alignment Study $ 73,240.00
• Part 1 —Travel Expenses $91.25
TOTAL $ 73,331.25
• Part 2 — 7'h. Street Engineering Design (Prime) $ 159,000.00
• Part 1 & 2 — 7 1 Street Engineering Design (Subs) $ 87,800.00
• Part 1 & 2 — 7 1 Street Engineering Design (10% M/WBE) $ 8,780.00
• Part 2 —Travel Expenses $ 91.25
TOTAL $ 255,671.25
• Part 2 - Construction Sewer Main Assistance $ 7,371.00
• Part 2 - Construction Sewer Main As-Builts $ 3,500.00
TOTAL $ 10,871.00
GRAND TOTAL $ 339,873.50
Payment of the total lump sum fees shall be considered full compensation for the
services described in Attachment'A'and Exhibits"A-1"and"A-2"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 alignment - shall be completed QQ calendar days after notice to proceed. This
schedule is dependent of CITY turnaround time on plan reviews.
Part 2 design - shall be completed 24Q calendar days after notice to proceed. This
schedule is dependent of CITY turnaround time on plan reviews.
EXHIBIT "13-1"
(SUPPLEMENT TO EXHIBIT "B")
METHOD OF PAYMENT
7th Street Sanitary Sewer Main Alignment Study and Design
Sanitary Sewer System Improvements
Water Project No. P172-070172141110
DOE No. 4009
Partial payments shall be made to the ENGINEER upon partial completion of the various services
as evidenced by the ENGINEER's monthly statement.
For Part 1-7th Street Sanitary Sewer Main Alignment Study, shall be representative of the amount
of work completed on the project as defined by Exhibit "A-1", as evidenced by the ENGINEER's
invoice per percent work complete.
For Part 2- 7th Street Sanitary Main Engineering Design, shall be representative of the amount of
work completed on the project as defined by Exhibit "A-2", as evidenced by the ENGINEER's
invoice per percent work complete.
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-1") 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.
EXHIBIT "B-2"
(SUPPLEMENT TO ATTACHMENT "B")
HOURLY RATE SCHEDULE
7th Street Sanitary Sewer Main Alignment Study and Design
Sanitary Sewer System Improvements
Water Project No. P172-070172141110
DOE No. 4009
Employee Classification Rate/Hour
Principal $170.00 to $250.00
Project Manager/Planner $100.00 to $170.00
Senior Engineer/QA-QC $129.00 to $170.00
RPLS $86.00 to $95.00
Project Engineer $80.00 to $110.00
Design Tech. $75.00 to $100.00
CADD Tech. $ 40.00 to $ 55.00
Clerical $40.00 to $52.00
2-Man Survey Crew $ 100.00
3-Man Survey Crew $ 120.00
4-Man Survey Crew $ 150.00
Reimbursables Cost + 10%
Mileage $0.365 Per Mile
Reproduction work will be at current commercial rates. Subcontractors will be paid for at actual
invoice cost plus ten percent (10%).
EXHIBIT "B-3"
(SUPPLEMENT TO ATTACHMENT "B")
DESIGN FEE COST SUMMARY
7th Street Sanitary Sewer Main Alignment Study and Design
Sanitary Sewer System Improvements
Water Project No. P172-070172141110
DOE No. 4009
Phase Scope of Services Fee M/WBE %
I- Design Services Part 1 - Alignment Study $ 73,331.25
(Exhibit A-1)
Part 2 — Sewer Main Design $ 255,671.25
(Exhibit A-2, Parts A & B)
SUBTOTAL $ 329,002.50 $ 87,800.00 26%
II-Construction Phase Part 2—Sewer Main Construction
Services Assistance (Exhibit A-2, Part C) $ 7,371.00
II-Construction Phase Part 2 — Sewer Main As-Built $ 3,500.00
Drawings
SUBTOTAL $ 10,871.00
GRAND TOTAL $ 339,873.50
Proposed M/WBE Subconsultants Services Fees %
Mas-Tek Engineering & Associates, Inc. Geotechnical Investigation $ 32,000.00 9.4%
A.N.A. Consultants, L.L.C. Field Survey & Easements $ 33,000.00 9.7%
A.N.A. Consultants, L.L.C. Traffic Control $ 3,500.00 1.0%
A.N.A. Consultants, L.L.C. SWPPP $ 5,000.00 1.5%
A.N.A. Consultants, L.L.C. Permits $ 5,000.00 1.5%
Trevino & Associates Reproduction $ 9,300.00 2.7%
TOTALS $ 87,800.00 26%
EXHIBIT "B-4"
(SUPPLEMENT TO ATTACHMENT "B")
SUMMARY OF DESIGN FEE
7th Street Sanitary Sewer Main Alignment Study and Design
Sanitary Sewer System Improvements
Water Project No. P172-070172141110
DOE No. 4009
The project has been divided into two (2) distinct parts. We propose to complete the design
portion proposed work in accordance with the following fee schedules:
• Part 1 —Alignment Study See Special Services
• Part 2 — Sewer Main Design:
Construction Cost $ 3,431,725
85% of TSPE Curve B (5.45% " 0.85) 4.6%
Basic Design Fee $ 159,000.00
• Part 2 — Construction Services $ 10,871.00
Special Services (Part 1 —Alignment Study)
Design Engineering $ 73,240.00
Reproduction (Trevino & Associates)
15 Copies of Alignment Study $ 1,500.00
Miscellaneous Printing (5 sets and Misc.) $ 500.00
Travel (10 trips x 25 miles x $0.365) $ 91.25
Special Services (Part 2 — Sewer Main Design)
Geotechnical Investigation (Mas-Tek Engineering) $ 32,000.00
Design Surveys (A.N.A. Consultants) $ 33,000.00
Traffic Control Plans (A.N.A. Consultants) $ 3,500.00
SWPPP (A.N.A. Consultants) $ 5,000.00
Permits (A.N.A. Consultants) $ 5,000.00
Reproduction (Trevino & Associates)
16 Sets of Preliminary Plans $ 1,600.00
40 Sets of Construction Plans $ 4,000.00
40 Sets of Specifications ($ 30.00/ea) $ 1,200.00
Miscellaneous Printing (5 sets and Misc.) $ 500.00
10% for M/WBE Subcontractor (0.1 " $ 87,800.00.00) $ 8,78.00
Travel (10 trips x 25 miles x $0.365) $ 91.25
TOTAL $ 339,873.50
In order to ensure M/WBE participation in this project, we will be using A.N.A. Consultants for
surveying, Mas-Tek Engineering for geotechnical investigation and Trevino & Associates for
reproduction services. This will result in a 26% portion of the contract that will be performed by
approved M/WBE firms.
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ATTACHMENT "C"
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
East 7th Street Deep Tunnel Sewer Alignment Study and Design
Project No. # P172-070172141110
DOE No. 4009
PAY BID UNITS WORK DESCRIPTION UNIT TOTAL
ITEM QTY. PRICE AMOUNT
1 1 L.S. Mobilization $20,000.00 $20,000
2 4,200 L.F. 24-Inch Sewer Tunnel $600.00 $2,520,000
3 1,300 L.F. 24-Inch Sewer Open Cut $120.00 $156,000
4 8 EA. Boring & Receiving Pits $10,000.00 $80,000
5 2 EA. Structures at Connection Pits $50,000.00 $100,000
6 10 EA. 5-Foot Diameter Manholes $10,000.00 $100,000
7 4 EA. Services Laterals $20,000.00 $80,000
8 1 L.S. Traffic Control $10,000.00 $10,000
9 1 L.S. Dewatering $25,000.00 $25,000
10 2,000 L.F. Storm Water Pollution Prevention $2.50 $5,000
11 5,500 L.F. Post-Construction TV Inspection $2.50 $13,750
12 1 L.S. Cut & Plug Existing Sewer $10,000.00 $10,000
Subtotal $3,119,750
10% Conti encies $311,975
GRAND TOTAL $3,431,725
Basic Fee: TSPE CURVE "B" - $3,431,725 x 5.45% x 85% = $159,000
FINAL-C.C. .xls
ATTACHMENT "D"
PROJECT SCHEDULE
7th Street Sanitary Sewer Main Alignment Study and Design
Sanitary Sewer System Improvements
Water Project No. P172-070172141110
DOE No. 4009
The Project Schedule is shown on Exhibit "D-1" and Exhibit "D-2".
For Part 1 - 7th Street Sanitary Sewer Main Alignment Study, shall be completed in the time frame
as defined by Exhibit "D-1".
For Part 2 - 7th Street Sanitary Main Engineering Design, shall be completed in the time frame as
defined by Exhibit "D-2".
The duration for each task is specified in the Exhibits "D-1" and "D-2". The exact start and finish
dates for each task will be determined upon date of Notice to Proceed.
The specific work tasks are identified in Attachment "A".
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EXHIBIT "E"
DESCRIPTION OF PROJECT
7th Street Sanitary Sewer Main Alignment Study and Design
Sanitary Sewer System Improvements
Water Project No. P172-070172141110
DOE No. 4009
1. The core project will be to construct a replacement of approximately 4,000 linear feet of
deep tunnel sewer starting at DSL-100 located at 7'h and Main in Downtown Fort Worth and
extending eastward to tie into the DSL 32T and Westfork 545. The new 24-inch diameter
line will provide redundancy for sewer flows from the CBD of Fort Worth.
2. Provide replacement sewer collection mains that will tie into the new deep tunnel sewer,
along the vicinity of Jones and Calhoun streets. This will include the replacement of sewer
service lines to each sewer service connections.
3. Provide for the abandonment details for old deep tunnel M-34 along the alignment
proposed.
4. Provide details for the abandonment of M-34 from the interconnection with DSL 32 to
M 1-1-1.
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City of Fort Worth, Texas
"Goor and Council C ons"muni cation
DATE REFERENCE NUMBER LOG NAMEPAGE
4/29/03 **C-19564 60TUNNEL 1 of 2
SUBJECT ENGINEERING AGREEMENT WITH CARTER & BURGESS, INC. FOR THE EAST 7TH
STREET DEEP TUNNEL SEWER
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering
agreement with Carter & Burgess, Inc. in the amount of $339,873.50 for the East 7th Street Deep
Tunnel Sewer.
DISCUSSION:
In recent years, the Fort Worth Central Business District (CBD) south of 7th Street has experienced a
great deal of development activity, including projects such as the Fort Worth Convention Center
expansion, opening of the Fort Worth "T" Inter-modal transportation center and Santa Fe Rail Market,
and the redevelopment of Lancaster Avenue. The goal of this project is to construct a 24-inch deep
tunnel sewer to meet current demand and future growth in the uptown area of the CBD, enhance
collection system reliability, and allow inspection and maintenance of the 48-inch DSL32 in the near
future.
As part of this project, the engineer will conduct an alignment study and prepare construction plans for
a gravity sewer main to convey wastewater from existing sanitary sewer main D100 at the intersection
of Commerce Street and East 7th Street to connect to Main DSL32T and Main 545 West Fork Relief
Sewer.
This project is an integral part of the Fort Worth Wastewater Program to eliminate and prevent sanitary
sewer overflows and bypasses in the wastewater collection system, and to comply with U.S.
Environmental Protection Agency proposed regulations know as Capacity, Management, Operations
and Maintenance (CMOM).
This project is located in COUNCIL DISTRICTS 8 and 9.
Carter & Burgess, Inc. is in compliance with the City's M/WBE Ordinance by committing to 26% M/WBE
participation. The City's goal on this project is 26%.
In addition to contract cost, $5,000.00 is required for staff review.
City of Fort Worth, Texas
"agar and coun"R Communication
DATE REFERENCE NUMBER LOG NAME PAGE
4/29/03 **C-19564 60TUNNEL 2 of 2
SUBJECT ENGINEERING AGREEMENT WITH CARTER & BURGESS, INC. FOR THE EAST 7TH
STREET DEEP TUNNEL SEWER
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Sewer Capital Projects Fund.
MO:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:
Maebell Brown(Acting) 8207 (from) APPROVED 04/29/03
P172 531200 070172141110 $339,873.50
Additional Information Contact:
Maebell Brown(Acting) 8207