HomeMy WebLinkAboutContract 30888CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGiNEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Ned K.
Burleson & Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as:
Water and Sanitary Sewer Replacement Contract 2004 WSM-E.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
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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:
Invoice and Payment
The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
The ENGINEER will issue monthly invoices for all work perFormed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of suspension
of services, the ENGINEER shall have no liability to CITY for delays or
damages caused the CIN because of such suspension of services.
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Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations shall
be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurFace evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT de$cribed herein.
ENGINEERING CONTRACT
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E. Engineer's Personnei at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with the
Contract Documents, nor shall anything in the Contract Documents or the
agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the
work on the PROJECT. If, for any reason, the ENGINEER should make an
on-site observation(s), on the basis of such on-site observations, if any, the
ENGINEER shall endeavor to keep the CITY informed of any deviation from
the Contract Documents coming to the actual notice of ENGINEER regarding
the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perForm the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no control
over cost or price of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect operation or maintenance
costs; competitive bidding procedures and market conditions; time or quality
ENGINEERING CONTRACT �
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of performance by third parties; quality, type, management, or direction of
operating personnel; and other economic and operational factors that rtiay
materially affect the ultimate PROJECT cost or schedule. Therefore, the
ENGINEER makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not vary from the
ENGINEER's opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contcactor will be based on the ENGINEER's
knowledge, information, and belief from selective sampling and observation that the
work has progressed to the point indicated. Such recommendations do not
represent that continuous or detailed examinations have been made by the
ENGINEER to ascertain that the construction contractor has completed the work in
exact accordance with the Contract Documents; that the final work will be
acceptable in all respects; that the ENGINEER has made an examination to
ascertain how or for what purpose the construction contractor has used the moneys
paid; that title to any of the work, materials, or equipment has passed to the CITY
free and clear of liens, claims, security interests, or encumbrances; or that there are
not other matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact location,
type of various components, or exact manner in which the PROJECT was finally
constructed. The ENGINEER is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises :in
City contracts. Engineer acknowledges the M/WBE goal established for this contract
and its commitment to meet that goal. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
ENGINEERING CONTRACT
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and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CIN shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this article
together with subsection (3)hereof. CITY shall give sub-consultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting policies
of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage
if written on a split limits basis). Coverage shall be on any vehicle used
in the course of the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate
ENGINEERING CONTRACT
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(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall
include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified according to items section K.(1) and K.(2) of this agreement
are provided under applicable policies documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice
shall be acceptable in the event of non-payment of premium. Such
terms shall be endorsed onto ENGINEER's insurance policies. Notice
shall be sent to the respective Department Director (by name), City of
Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the state
of Texas or be otherwise approved by the CITY; and, such insurers
shall be acceptable to the CITY in terms of their financial strength and
solvency.
(� Deductible limits, or self-insured retentions, affecting insurance
required herein shall be acceptable to the CITY in its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may
also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
ENGINEERING CONTRACT
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(j) The Professional Liability insurance policy, if written on a claims made
basis shall be maintained by the ENGINEER for a minimum two (2)
year period subsequent to the term of the respective PROJECT
contract with the CITY unless such coverage is provided the
ENGINEER on an occurrence basis.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood that
insurance cost is an allowable component of ENGINEER's overhead.
(I) 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. Nofinrithstanding
anything to the contrary contained herein, in the event a
subconsultant's insurance coverage is canceled or terminated, such
cancellation or termination shall not constitute a breach by
ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing
of any existing conflicts of interest or potential conflicts of interest, including personal
financial interest, direct or indirect, in property abutting the proposed PROJECT and
business relationships with abutting property cities. The ENGINEER further
acknowledges that it will make disclosure in writing of any conflicts of interest that
develop subsequent to the signing of this contract and prior to final payment under
the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
ENGINEERING CONTRACT
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O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENGINEER could
not have been reasonably aware of, the ENGINEER shall notify the CITY of such
changes and an adjustment in compensation will be made through an amendment to
this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Fumished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perForm,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local, state,
or federal authorities; and land, easements, rights-of-way, and access necessary for
the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
ENGINEERING CONTRACT
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consultants as the CITY deems appropriate; and render in writing decisions required
by the CITY in a timely manner in accordance with the project schedule in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes
or becomes aware of any development that affects the scope or timing of the
ENGINEER's services or of any defect in the work of the ENGINEER or construction
contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and release
ENGINEER and its officers, employees, and subcontractors from all claims,
damages, losses, and costs, including, but not limited to, attorney's fees and
litigation expenses arising out of or relating to the presence, discharge,
release, or escape of hazardous substances, contaminants, or asbestos on
or from the PROJECT. Nothing contained herein shall be construed to
require the CITY to levy, assess or collect any tax to fund this
indemnification.
(2) The indemnification and release required above shall not apply in the event
the discharge, release or escape of hazardous substances, contaminants, or
asbestos is a result of ENGINEER'S negligence or if such hazardous
substance, contaminant or asbestos is brought onto the PROJECT by
ENGINEER.
G. Contractor Indemnification and Claims
The C17Y agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for contractor's
negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary of
any undertaking by the ENGINEER."
ENGINEERING CONTRACT
Page 9 of 14
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(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 RisWlnstallation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The C17Y may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time required
for perFormance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
ENGINEERING CONTRACT
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B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will be
at the CITY's sole risk. The final designs, drawings, specifications and documents
shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by
acts of God, strikes, lockouts, accidents, or other events beyond the control of the
ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for convenience so that
the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
ENGINEERING CONTRACT ' " � ''""' +' �' " •' ' '
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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 negfigence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of negligence
or willful misconduct as determined pursuant to T.C.P. & R. Code, section
33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict or
statutory liability, or any other cause of action, except for willful misconduct or gross
negligence for limitations of liability and sole negligence for indemnification. Parties
mean the CITY and the ENGINEER, and their officers, employees, agents, and
subcontractors.
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. Altemate 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 inediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
ENGINEERING CONTRACT
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$50,000, exclusive of attorney's fees, costs and expenses, wil! be final,
judgment may be entered thereon in any court having jurisdiction, anci 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 AGREEMEN
invalid, illegal, or unenforceable in any respect,
unenforceability will not affect any other provision, an
construed as if such invalid, illegal, or unenforceab
contained herein. Articles V.F., VI.B., VI.D., VI.H.,
termination of this AGREEMENT for any cause.
L. Observe and Comply
T are held for any reason to be
such invalidity, illegality, or
d this AGREEMENT sha�l be
le provision had never been
VI.I., and VI.J. shall survive
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all
orders, laws ordinances and regulations which may exist or may be enacted later by
governing bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to
defend, indemnify and hold harmless CITY and all of its officers, agents and
employees from and against all claims or liability arising out of the violation of any
such order, law, ordinance, or regulation, whether it be by itself or its employees.
ENGINEERING CONTRACT
Page 13 of 14
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, inciuding its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C- Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
�'�����
Executed this the � day of t� ' �, 2004.
ATTEST:
Marty Hendri
City Secretary
Coa:t?�ac� Rui�.l�c������io�
�^ _ — -�-- —�
Dat�
APPROVED AS TO FORM
AND LEGALITY
vVv\ 0�
�
Assistant City Attorney
ENGINEERING CONTRACT
Page 14 of 14
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; C�TY OF FORT W 'RTH
�� � % i
By: / ' � ,}
Marc. A. Ott
Assistant City Manager
APPROVAL RECOMMENDED
!� �/ `%�*�f� /
A. Douglas Rademaker, P.E.
Director, Engineering Department
► �. : : �►: � • � ►
B�: J
Ned K. Burleson, P. E.
President
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ATTACHMENT "A"
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"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 overthe General Scope of Services."
_► :.
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of
the City regarding the scope of projeci so that the plans and specifications which are to
be develvped hereunder by the Engineer will result in providing facilities which are
economical in design and� conform to the City's requirements and budgetary
constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be
necessary for the design of the proposed street, and storm drain and/or water and
wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure
necessary informativn from such outside agencies, to meet their requirements.
3) Geotechnicallnvestigations
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
�ity'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
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6)
7)
8)
9)
an amendment to the
there are unavoidable
shall be negotiated.
Plan Submittal
contract shall be made if the Engineer incurs additional cost. If
delays, a mutually agreeable and reasonable time extension
Copies of the original plans shall be provided on reproducible mylar or approved plastic
film sheets, or as otherwise approved by the Department of Engineering and shall
become the property of the City. City may use such drawings in any manner it desires;
provided, however that the Engineer shall not be liable for the use of such drawings for
any project other than the project described herein; and further provided, that the
Engineer shall not be liable for the consequences of any changes that are made to the
drawings or changes that are made in the implementation of the drawings without the
written approval of the Engineer.
PHASE 1
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.
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.
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.
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10) Conc�ptual Plans
The Engineer shaii furnish four (4) copies of the Phase 1 concept engineering plans
which inctude layouts, preliminary right-of-way needs and preliminary estimates of
probable construction costs for the Engineer's recommended plan. For all submittals,
the Engineer shall submit plans and documents for street%storm drain and
water/wastewater facilities. The Engineer shall receive written approval of the Phase 1
Plans frvm the City's project manager before proceeding with Phase 2.
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans
and five (5) copies of the preliminary technical specifications for review by the City and
for submission to utility companies and other agencies for the purposes of coordinating
work with existing and proposed utilities. The preliminary construction plans shall
indicate location of existing/proposed utilities and storm drain lines. The Engineer shall
receive written approval of the Phase 2 plans from the City's project manager before
proceeding with Phase 3.
PHASE 3
� 13) Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
14) Detailed Cost Estimate
The Engineer shall furnish four (4) copies of detailed estimates of probable construction
costs for the authorized construction project, which shall include summaries of bid items
and quantities.
15) Plans and Specification Approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state and federal
laws and with applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies. The Engineer shall receive written approval of the
Phase 3 plans from the City's project manager before proceeding with Phase 4.
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PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 45 baund copies of Phase 4 final approved construction
plans and contract specifications. The approved plans and contract specifications shall
be used as authorized by the City for use in obtaining bids, awarding contracts, and
constructing the project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the
bidding documents, and assist the owner in determining the qualifications and
acceptability of prospective constructors, subcontractors, and suppliers. When substitu-
tion prior to the award of contracts is allowed by the bidding documents, the Engineer
will advise the owner as to the acceptability of alternate materials and equipment
proposed by the prospective constructors.
18) Re�ommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the
construction of the project and shall make a recommendation of award to the City.
19) Prebid Conference
The Engineer shall attend the prebid conference and the bid opening, prepare bid
tabulation sheets and provide assistance to the owner in evaluating bids or proposals
and in assembling and awarding contracts for construction, materials, equipment, and
services.
PHASE 5
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters concerning the layout of the
project during its construction and will set control points in the field to allow City survey �
crews to stake the project. The setting of line and grade stakes and route inspection of
construction will be performed by the City.
22) Site Visits
The Engineer shall visit the project site at appropriate intervals as construction
proceeds to observe and report on the progress and the quality of the executed work.
C�
23) Shop Drawing Review
The Engineer shail 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) Instruations to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the acceptability
of the work, at the request of the City.
25) Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field
conditions encountered.
26) Record Drawings
The Engineer shall prepare record drawings from information submitted by the
contractor.
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EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: WATER AND/OR SANITARY SEWER IMPROVEMENTS
The following is a clarification of the tasks that the ENGINEER will perform under
ATTACHMENT "A". Work under this attachment includes engineering services for
water and/or sanitary sewer improvements for the following:
Water and Sanitary Sewer Replacement Contract 2004 WSM-E
Sewer Project No. PS58-070580176320
Water Project No. PW53-060530177940
DOE No. 4432
WATER SEWER
STREET Water Map Existing Proposed Length Sewer Map Existing Proposed Length
No. Size Size (ft.) No. Size Size (ft.)
(in.) (in.) (in.) (in.)
Oakland Bivd. at I- 2072-396 16" & 16" & 36" 55 & 35 2072-396
30 Service Road 36"
Oakiand Blvd. 2072-392 8" 8" PVC 4116 2072-392 L-1658: 6" 8" PVC 884
From i-30 Service 2072-396 2072-396
Road to
Meadowbrook
Drive (1500-2199
blk.
Scenery Hiil Rd. 2072-392 8" 8" PVC 2165 2072-392 L-3740: 6" 8" HDPE 1589
from Menzer Rd. to 2072-396 2072-396 M-198: 10" 8" HDPE
Barnett Ave.
Scenery Hill CT. 2072-392 4" 8" PVC 320 2072-392 L-0590'A': 8" 8" PVC 609
from Scenery Hill �-4590: 6"
Rd. to Cul-deSac
Menzer Rd. from 2072-396 8" CI 8" DI �, 837 2072-396 2066-396 2066-392
Scenery Hill Rd. to 2066-396
Menzer Ct. 2066-392
Menzer Ct. 2066-392 4" 6" PVC 195 2066-392
Total LF Water 7633 Totat LF 3082
Sewer
a
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
EA1-1
PART A — PRE-ENGINEERING
1. Initial Data Collection
a. Pre-Design Coordination Meetings
ENGINEER will attend and document meetings, as required, to discuss and
coordinate various aspects of the project and to ensure that the project stays on
schedule. For purposes of establishing a level of comfort, two (2) meetings are
anticipated. These include the following: '
One (1) pre-design kick-off ineeting, including the CITY's Department of
Engineering and other departments that are impacted by the project).
One (1) review meeting at completion of the City's review of the
conceptual engineering plans.
b. Data Collection
In addition to data obtained from the City, ENGINEER will research and
make efforts to obtain pertinent information to aid in coordination of the
proposed improvements with any planned future improvments that may
influence the project. ENGINEER will also identify and seek to obtain
data for existing conditions that may impact the project including:
utilities, City master'plans, property ownership as available from rhe Tax
Assessor's office. �
The data collection efForts will also include conducting one (1) special
coordination meeting with affected property owners and businesses as
necessary to develop sewer re-routing plans.
The following shall be applicable at all locations where it is necessary to
relocate or reroute existing private sanitary sewer service line due to the
abandonment or realignment of the existing public sanitary sewer lateral
or main:
The CITY shall furnish the ENGINEER with a sample format of how the
sewer service line reroutehelocation should be designed and submitted for
construction. During design survey, if a rod can be inserted through the
cleanout to the bottom of the service line, the ENGINEER will obtain the
flow line elevation and design the service line prior to advertising the
project for bid. IF the service flow line information cannot be obtained
during design survey, the ENGINEER shall delay the design of the sewer
service line until the start of construction. The CITY will direct the
Contractor to de-hole the service line at the clean-out location of all
buildings or structures so that the ENGINEER or surveyor can determine
EA1-2
the flow line of the sewer service line after contract(s) for the construction
of the project have been awarded, but prior to the construction of any
sanitary sewer lateral or main which will require the reroute/relocation of
existing public and private sanitary sewer service lines. The ENGINEER
shall then use this information to provide the design for the sanitary sewer
service line to be rerouted or relocated.
a Coordination with Other Agencies
During the concept phase the ENGINEER shall coordinate with all
utilities, including utilities owned by the City, TxDOT and railroads.
These entities shall also be contacted if applicable, to determine plans for
any proposed facilities or adjustment to existing facilities within the
project limits. The information obtained shall be shown on the concept
plans. The ENGINEER shall show the location of the proposed utility
lines, existing utility lines and any adjustments and/or relocation of the
existing lines within the project limits. ENGINEER shall complete all
forms necessary for City to obtain permit letters from TxDOT and
railroads and submit such forms to the City: City shall be responsible for
forwarding the forms to the affected agencies for execution.
2. Monthly Progress Report and Neighborhood Newsletter
a. The ENGINEER shall submit a progress schedule after the design contract is fully
executed. The schedule shall be updated and submitted to the CITY along with
monthly progress report as required under Attachment B of the contract.
b. ENGINEER will prepare a quarterly newsletter detailing the status of the project
for distribution to the affected Neighborhood Association. The newsletter will be
reviewed and approved by the City prior to distribution.
PART B— CONSTRUCTION PLANS AND SPECIFICATIONS
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1. Conceptual Engineering
i. Surveys for Design
a. ENGINEER will perform fieid 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:
EA1-3
Obtain permission for surveying through private property.
Locate horizontal and vertical alignment of utility lines. Tie
improvements, trees, fences, walls, etc., horizontally along rear lines in
an approximately 20' wide strip. In addition, locate all rear house
corners and building corners in backyards.
Profile existing water and/or sewer line centerline.
Compile base plan from field survey data at 1"-20' scale.
Obtain permission for surveying through private property. Locate
horizontal and vertical alignment of utility-lines. The improvements,
trees, fences, walls, etc., horizontally along rear lot lines in an
approximately 20' wide strip. In addition, locate all rear house corners
and building corners in backyards. Compile base plan from field
survey data at 1"=20' horizontal and 1"=2' vertical scale.
When conducting design survey at any location on the project, the
consultant or its sub-consultant shall carry readily visible information
identifying the name of the company and the company representative.
All company vehicles shall also be readily identif ed.
b. Engineer Will Provide fhe Following Tnformation:
All plans, field notes, plats, maps, legal descriptions, or other specified
documents prepared in conjunction with the requested services shall be
provided in a digital format compatible with the electronic data
collection and computer aided design and drafting software currently
in use by the CITY Department of Engineering. All text data such as
plan and profile, legal descriptions, coordinate files, cut sheets, etc.,
shall be provided in the American Standard Code for Information
Interchange (ASCII) format, all drawing files shall be provided in
MicroStation (DGN) or Autocad (DWG or DXF) format (currently
Release 2002), or as otherwise approved in writing by the CITY, and
all data collected and generated during the course of the project shall
become the property of the CITY.
The minimum information to be provided in the plans shall include the
following:
l. 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;
EA1-4
a. Identified (Existing City Monument #8901, PK Nail, 5/8" Iron
Rod)
b. X, Y, Z Coordinates, in an identified coordinate system, and
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 comer of North Side Drive and Main
Street).
3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in
the same coordinate system, as the Control.
4. No less than two horizontal control points, per line or location.
5. Bearings given on all proposed centerlines, or baselines.
6. Station equations relating utilities to paving, when appropriate.
7. Obtain the "foot print" of all properties where the sanitary sewer
service line is to be relocated or rerouted.
ii. Public Notification and PersonneUVehicle Identification
Prior to conducting design survey, ENGINEER will notify affected
residents of the project in writing. The notification letter shall be on
company letterhead and shall include the following: project name,
limits, DOE project no., Consultant's project manager and phone no.,
scope of survey work and design survey schedule. The letter will be
reviewed and approved by the City prior to distribution.
When conducting site visits to the project location, the consultant or
any of its sub-consultants shall carry readily visible information
identifiying the name of the company and the company representative.
All company vehicles shall also be readily identifiable.
iii. Conceptual Engineering Plan Submittal
a. Conceptual plans shall be submitted to City 60 days after Notice to
Proceed Letter is issued.
b. The ENGINEER shall perform conceptual design of the proposed
improvements and furnish four (4) copies of the concept engineering
design plans which includes layouts, preliminary right-of-way needs
and cost estimates for the ENGINEER's recommended plan.
EA1-5
ENGINEER shall perform remaining field surveys required for final
design of selected route(s). The ENGINEER shall also evaluate the
phasing of the water, sanitary sewer, street and drainage work and
shall submit such evaluation in writing to the City as a part of the
concept phase of the project, All design shall be in conformance with
Fort Worth Water Department policy and procedure for processing
water and sewer design. ENGINEER shall review the City's water
and sewer master plan and provide a summary of findings pertaining
to the proposed project.
2. Preliminary Engineering
Upon approval of Part B, Section 2, ENGINEER wil� prepare preliminary
construction plans as follows:
a. Overall water and/or sanitary sewer layout sheets and on overall easement
layout sheet(s).
b. Preliminary project plans and profile sheets which show the following:
Proposed water and/or sanitary sewer plan/profile and recommended pipe
size, fire hydrants, water service lines and meter boxers, gate valves, isolation
valves and all pertinent information needed to construct the project. Legal
description (Lot Nos., Block Nos., and Addition Names) along with property
ownership shall be provided on the plan view.
For sewer lines, pipelines schedule for point repairs, rehabilitation and
replacement will be located on the base sheets, prepared from survey
information gathered under Part B, Section 2. Conflicts shall be resolved
where pipelines are to be rehabilitated on the same line segment. Base sheets
shall reference affected or adjacent streets. Where open-cut construction is
anticipated, below and above ground utilities will be located and shown on the
base sheets.
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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 property.
e. The design for sewer service line reroute/relocation will be provided if the
flow line elevation of the sewer service can be determined form the clean-out
location. If this elevation cannot be deteremined during design survey, the
design shall be provided after award of the construction contract as specified
in Section A, Part 1 b.
f. The ENGINEER shall make provisions for reconnecting all water and/or
wastewater service lines which connect directly to any main being replaced,
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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 ot the existing main and connect said service lines to the relocated
main.
g. The ENGINEER will prepare standard and special detail sheets for water line
installation and sewer rehabilitation or replacement that are not already
included in the D-Section of the City's specifications. These may include
connection details between various parts of the project, tunneling details,
boring and jacking details, waterline relocations, details unique to the
construction of the project, trenchless details, and special service lateral
reconnections:
h. Right-of-Way Research
The ENGINEER will conduct preliminary research for availability of existing
easements where open-cut construction or relocation of existing alignments is
probable.
Temporary and permanent easements will be appropriated based on available
information and recommendations will be made for approval by the City.
i. Right-of-Way/Easement Preparation and Submittal
Preparation and submittal of right-of-way, easements and rights-of-enhy will
be in conformance with "Submittal of Information to Real Property for
Acquisition of Property".
j. Utility Clearance Phase
The ENGINEER will consult with the City's Water Department, Department
of Engineering, and other CITY departments, public utilities, private utilites,
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 projct.
k. Preliminary Construction Plan Submittal
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Preliminary plans and specifications shall be submitted to City 60 days
after approval of Part B, Section 2.
ii. The ENGINEER shall deliver two (2) sets of preliminary construction
plans and two (2) sets of specifications and contract documents to
CITY for review. Generally, plan sheets shall be organized as follows:
Cover Sheet
Easement layout (if applicable)
Plan & Profile Sheets
Standard Construction Details
Special Details (if applicable)
iii. The ENGINEER shall submit a preliminary estimate of probable
construction cost with the preliminary plans submitted. ENGINEER
shall assist City in selecting the feasible and/or economical solutions to
be pursued.
1. Review Meetings with City
The ENGINEER shall meet with CITY to discuss review comments for
preliminary submittal. The CITY shall direct the ENGINEER in writing to
proceed with Final Design for Final Review.
m. Public Meeting
After the preliminary plans have been reviewed and approved by the City, the
ENGINEER shall prepare project e�ibits, provide the CITY with the
database listing the names and addresses of all residents and businesses to be
affected by the proposed project, and attend public meeting to help explain the
proposed project to residenfs. The CITY shall mail the invitation letters.
3. Final Engineering Plan Submittal
a. Final Construction Documents shall be submitted to CITY 60 days after approval
of Part B, Section 4.
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
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The ENGINEER shall submit a final estimate of probable construction cost with
the final plans submitted.
EA1-9
PART C — PRE-CONSTRUCTION ASSISTANCE
Administration
a. Deliver Bid Documents
The ENGINEER will make available for bidding, upon request by the CITY, up
to fifty (50) sets of the final approved and dated plans and specifications and
contract documents for the projects to the CITY for distribution to potential
bidders. Proposal will be delivered in electronic format.
b. Bidding Assistance
The ENGINEER shall assist the CITY during phase indlucing preparation and
delivery of addenda to plan holders and responses to questions submitted to the
DOE by prospective bidders. ENGINEER shall attend the scheduled pre-bid
conference.
The ENGINEER shall assist in reviewing the bids for completeness and accuracy.
The ENGINEER shall attend the project bid opening develop bid tabulations in
hard copy and electronic format and submit four (4) copies of the bid tabulation.
c. Assistance During Construction
The ENGINEER shall attend the pre-construction conference for the project. The
ENGINEER shall also consult with and advise the CITY on design and/or
construction changes if necessary.
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ATTACHMENT "B"
COMPENSATION AND SCHEDULE
Water and Sanitary Sewer Repiacement Contract 2004 WSM-E
Water Project No. PW53-060530177940
Sewer Project No. PS58-070580176320
DOE No. 4432
I. Compensation
A. The engineer shall be compensated a total lump sum fee of $122,153.83
summarized in Exhibit "B-2A". Payment of total lump sum fee shall be
considered full compensation for the services described in Exhibit "A-1"
for all labor, materials, supplies, and equipment necessary to complete
the project.
B. The engineer shali be paid monthly as described in Exhibit "B-1" upon
receipt of individuai invoices from the Engineer. In this regard, the
ENGINEER shall submit invoices for monthly payments as described in
Exhibit "B-1" Section I— Method of Payment.
C. Subcontractor costs for any Additional Services, which are approved in
advance by the City, shall be reimbursed at the actual invoice cost plus
10%.
il. Schedule
A. Preliminary Plans shali be completed 165 days after the "Notice to
Proceed" letter is issued.
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EXHIBIT "B-1"
(SUPPLEMENT TO ATTACHMENT Bj
METHOD OF PAYMENT
Water and Sanitary Sewer Replacement Contract 2004 WSM-E
Water Project No. PW53-06053077940
Sewer Project No. PS58-070580176320
DOE No. 4432
I. Method of Payment
The Engineer shall be paid in monthly partial payments as outlined below:
PARTIAL PAYMENT NO. 1: Until satisfactory completion of Exhibit A-1, Part B,
Section l, Part c, Design Sununary Report, a sum not to exceed 40 percent of the total
lump sum fee.
PARTIAL PAYMENT NO. 2: Until satisfactory completion of Exhibit A-1, Part B,
Section 2, Part j, Preliminary Construction Plans & Specifications, a sum not to
exceed 75 percent of the total lump sum fee.
PARTIAL PAYMENT NO. 3: Until satisfactory completion of Exhibit A-1, Part B,
Section 3, Final Consiruction Plans & Specification, a sum not to exceed 90 percent of
the total lump sum fee.
PARTIAL PAYMENT NO. 4: Balance of earnings, less previous payments, to be due
and payable after the pre-construction meeting for the project.
An officer of the ENGINEER shall verify the accuracy of each invoice submitted which
shall comply with the terms of the agreement.
II. Progress Reports �
a. The engineer shall submit to the designated representative of the Director of the
Department of Engineering monthly progress reports covering all phases of the.
design by the 15�' of every month in the journal required by the City.
b. If the ENGINEER determined in the course of making design drawings and
specifications that the opinions of probable cost of $940,068.25 (as estimated on
Exhibit "B-3") will be exceeded, whether by change in scope of the project,
increased cost or other conditions, the ENGINEER shall immediately report such
fact to the City's Director of the Department of Engineer and, if so instructed by
Director of the Engineering Department, shall suspend all work hereunder.
EB-1(1)
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EXHIBIT "B-2"
(SUPPLEMENT TO ATTACHMENT B)
DESIGN FEE COST SUMMARY
Water and Sanitary Sewer Improvements Contract 2004 WSM-E
Water Project No. PW53-060530177940
Sewer Project No. PS58-070580176320
DOE No. 4432
Phase Scope of Services Fee M/WBE %
I— Design Services Pipe Replacement $122,153.83 $47,700.00 39.05%
Proposed M/WBE Subconsultant Services Fees % of Contract
Dal-Tech Engineering, Inc.
Design Surveys $47,700.00 39.05%
Proposed Non M/VIIBE Subconsultant Services Fees % of Contract
NONE
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EB-2(1)
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EXHIBIT "B-2A"
(SUPPLEMENT TO ATTACHMENT B)
SUMMARY OF TOTAL PROJECT FEES
Water and Sanitary Sewer Improvements Contract 2004 WSM-E
Water Project No. PW53-060530177940 � Sewer Project No. PS58-070580176320
DOE No. 4432
Estimated Construction Costs: Water Mains (7,863 LF) $ 655,963.00 (69.78%)
Sewer Mains (3 075 LF) $ 284 105 25 (30 22%)
Total: (10,938 LF) $ 940,068.25
BASIC ENGINEERING DESIGN FEE:
Estimated Construction Cost $ 940,068.25
TSPE Curve A . � 6.6%
Basic Charge $ 62,044.50
15% Fee Reduction 85.0%
BASIC FEE $ 52,737.83
SPECIAL SERVICES FEE M/WBE %M/WBE
Design Survey $47,700.00 $47,700.00 100.00%
Sub-Consultant Fee $ 4,770.00 $ 0.00 0.00%
Public Meeting (Maximum of 2) $ 1,000.00 $ 0.00 0.00%
Storm Water Pollution Prevention Plan $ 4,000.00 $ 0.00 0.00%
Temporary Construction Easements (5) $ 400.00 $ 0.00 0.00%
Temporary Right of Entry (39) $ 1,950.00 $ 0.00 0.00%
Biddinp & Construction Assistance $ 1 500 00 $ 0 00 0 00%
SUBTOTAL (SPECIAL SERVICES) $61,320.00 $47,700.00 77,79°/a
REPRODUCTION
16 Sets of Preliminary Plans (Utility Clearance) $ 896.00 $ 0.00 0.00%
50 Sets of Construction Plans $ 2,800.00 $ 0.00 0.00%
50 Sets of Specifications ($50 each) $ 2,500.00 $ 0.00 0.00%
2 Sets of Reproducib�e Mylars $ 400.00 $ 0.00 0.00%
Mounted Exhibits $ 1,000.00 $ 0.00 0.00%
Miscellaneous Printinq (6 sets other misc ) $ 500 00 $ 0 00 0 00%
SUBTOTAL (REPRODUCTION SERVICES) $ 8,096.00 $ 0.00 0.00%
(Estimated 28 sheets per set)
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DESIGN FEES: (Water)
(Sewer)
TOTALS
$ 89,238.94 $24,300.00 27.23%
$ 32,914.89 $23,400.00 71 10%
$122,153.83 $47,700.00 39.05%
PROPOSED M/WBE SUBCONSULTANT SERVICES FEES %CONTRACT
Dal-Tech Enqineerina Inc (Desiqn Survey) $47 700 00 39 05%
TOTAL M/WBE $47,700.00 39.05%
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ATTACHEMENT"C"
AMENDMENTS
Water and Sanitary Sewer Replacement Contract 2004 WSM-E
Water Project No. PW53-060530177940
Sewer Project No. PS58-070580176320
DOE No. 4432
There are no changes and amendments to the Standard Agreement and Attachment A.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/26/2004
- -- _ ---- ---- --- --- - - -- - - --- - --_ _._
�- _ _ _ _ __- _ _ , _ - -- _ _ _
DATE: Tuesday, October 26, 2004
LOG NAME: 30WSM-E REFERENCE NO.: **C-20366
SUBJECT:
Engineering Agreement with Ned K. Burleson & Associates, Inc. for Water and Sanitary Sewer
Replacement Contract 2004 WSM-E
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Ned K. Burleson & Associates, Inc. in the amount of $122,153.83 for Water and Sewer Replacement
Contract 2004 WSM-E.
DISCUSSION:
The project consists of the preparation of plans and specifications for water and sanitary sewer line
replacements as indicated on the following streets:
Street
Oakland Boulevard
Oakland Boulevard
Menzer Road
Scenery Hill Road
Alley between Martel
and Scenery Hill Road
From
Meadowbrook Drive
Arden Place
Scenery Hill Road
Menzer Road
Denmar Street
To
Menzer Road
Morris Avenue
Menzer Court
Barnett Street
Barnett Street
Scope of Work
Water Only
Sewer Only
Water Only
Water Only
Sewer Only
After the proposed improvements are complete, all streets will be repaired and overlayed with asphalt.
Ned K. Burleson & Associates, Inc. proposes to perForm the design work for a lump sum fee of
$122,153.83. Staff considers this fee to be fair and reasonable for the scope of services proposed.
Ned K. Burleson & Associates, Inc. is in compliance with the City's M/WBE Ordinance by committing to
39% M/WBE participation. The City's goal on this project is 19%.
In addition to the contract amount, $6,000 (water: $4,000, sewer: $2,000) is required for project
management by the Engineering Department.
The project is located in COUNCIL DISTRICT 8, Mapsco 64Z and 78D.
FISCAL tNFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the
Water and Sewer Capital Project Funds.
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http://www.cfwnet.org/council�acket/Reports/mc_print.asp ����1 �•s':�:���'�: ��� i 10/26/2004
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TO Fund/Account/Centers
Submit#ed for City Manager's Office by:
Originatin�Department Head:
Additional Information Contact:
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FROM Fund/AccountlCenters
PW53 531200 060530177940 $89,238.94
PS58 531200 070580176320 $32,914.89
Marc Ott (8476)
A. Douglas Rademaker (6157)
A. Douglas Rademaker (6157)
http://www. cfwnet. org/council_packet/Reports/mc_print. asp 10/26/2004