HomeMy WebLinkAboutContract 22598 CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES 1 V 1-41
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This AGREEMENT is between the City of Fort Worth (the "CITY") , and Freese
and Nichols, Inc. (FNI) , for a PROJECT generally described as: a route study and
detailed design of the sewer line from the end of the Trinity River Authority's
(TRA) Bear Creek Interceptor sewer main to the location of the future Intel force
vain diversion structure being designed by others. The approximate length of the
sewer line is 15,000 feet. The diameter of the sewer line will be determined as
part of the design service.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. FNI 's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to FNI will be made as follows.`
A. Invoice and Payment
(1) FNI shall provide the CITY sufficient documentation to
reasonably substantiate the invoices.
(2) Monthly invoices will be issued by FNI 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 1, the final
payment of any balance will -be due within 30 days of receipt
of the final invoice.
. 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.
SECRETARY OFFICIAL ROOM
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(5) If the CITY fails to make payment in full to FNI for billings
contested in good faith within 60 days of the amount due, FNI
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, FNI shall
have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
FNI 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 FNI '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) FNI 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. FNI shall
also advise the CITY concerning the results of same. Such
surveys, tests, and investigations shall be furnished by FNI,
as 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 FNI.
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D. Preparation of Engineering Drawings
FNI 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 the CITY. CITY may use such
drawings in any manner it desires; provided, however, that FNI shall
not be liable for the use of such drawings for any project other
than the PROJECT described herein.
E. FNI's Personnel at Construction Site
(1) The presence or duties of FNI 's personnel -at a construction
site, whether as on-site representatives or otherwise, do not
make FNI 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. FNI 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 extend of specific site visits expressly
detailed and set forth in Attachment A, FNI 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 or the agreement
between CITY and FNI be construed as requiring FNI 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
FNI should make an on-site observation(s) , on the basis of
such on-site observations, if any, FNI shall endeavor to keep
the CITY informed of any deviation from the Contract Documents
coming to the actual notice of FNI regarding the PROJECT.
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(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, FNI 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) FNI 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, FNI
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 of performance by third parties; quality, type,
management, or direction of operation personnel ; and other
economic and operational factors that may materially affect
the ultimate PROJECT cost or schedule. Therefore, FNI makes
no warranty that the CITY's actual PROJECT costs, financial
aspects, economic feasibility, or schedules will not vary from
FNI's opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Construction progress payments will be administered by the CITY's
construction phase manager.
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. FNI is
not responsible for any errors or omissions in the information from
others that is incorporated into the record drawings.
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I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 11923, the CITY has
goals for the participation of minority business enterprises and
woman business enterprises in City contracts. FNI 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 FNI 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) FNI 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 FNI
involving transactions relating to this contract. FNI agrees
that the CITY shall have access during normal working hours to
all necessary FNI facilities and shall be provided adequate
and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY
shall give FNI reasonable advance notice of intended audits.
(2) FNI further agrees to include all its subconsultant agreements
hereunder a provision to the effect that the subconsultant
agrees that the CITY shall , until the expiration of three (3)
years after final payment under the subcontract, have access
to and the right to examine and photocopy any directly
pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontracts, and
further, that the CITY shall have access during normal working
ng
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.
K. FNI's Insurance
(1) Insurance Coverage and Limits:
FNI shall provide to the CITY certificate(s) of insurance
documenting policies of the following coverage at minimum
limits which are to be in effect prior to commencement of work
on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
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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
(2) Certificates of insurance evidencing that FNI has obtained all
required insurance shall be delivered to the CITY prior to FNI
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.
M 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) day notice shall be
acceptable in the event of non-payment of premium. Such
terms shall be endorsed onto FNI 's insurance policies.
Notice shall be sent to the respective Department
Director by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
M 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.
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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.
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 FNI 's insurance policies
including endorsements thereto and, at the CITY's
discretion, FNI may be required to provide proof of
insurance premium payments.
(i) The Commercial General Liability insurance policy shall
have no exclusions by endorsements unless such are
approved by the CITY.
(j) The Professional Liability insurance policy, if written
on a claims made basis shall be maintained by FNI for a
minimum two (2) year period subsequent to the term of
the respective PROJECT contract with the CITY unless
such coverage is provided FNI 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 FNI '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 FNI shall be required by FNI to
maintain the same or reasonably equivalent insurance
coverage as required for FNI. When insurance coverage
is maintained by subconsultants, FNI 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 cancelled or terminated, such
cancellation or termination shall not constitute a
breach by FNI of the AGREEMENT.
L. Independent Consultant
FNI agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
FNI acknowledges to the CITY it has made full disclosure in writing
of any existing conflicts of interest or potential conflicts if
interest, including personal financial interest, direct or indirect,
in properq abutting the proposed PROJECT and business relationships
with abutting property cities. FNI 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, FNI 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, FNI
will , if requested, assist the CITY in obtaining the services
of a qualified subcontractor to manage the remediation
activities of the PROJECT.
0. 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 FNI should have been aware of at the time this
AGREEMENT Was executed, FNI 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 FNI could not
have been reasonably aware of, FNI shall notify the CITY of such
changes and an adjustment in compensation will be made through an
amendment to this AGREEMENT.
Article
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to FNI all technical data in the CITY's
possession relating to FNI 's services on the PROJECT. FNI 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 FNI as required for
FNI 's performance of its services and will provide labor and safety
equipment as required by FNI for such access. The CITY will
perform, at no cost to FNI, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be
required in connection with FNI '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 FNI 's
services or PROJECT construction.
D. Timely Review
The CITY will examine FNI'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 C.
E. Prompt Notice
The CITY will give prompt written notice to FNI whenever the CITY
observes or becomes aware of any development that affects the scope
or timing of FNI's services or of any defect in the work of FNI or
construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will
indemnify and release FNI 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 FNI 's
negligence or if such hazardous substance, contaminant, or
asbestos is brought onto the PROJECT by FNI.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the
provisions of Article IV.E. regarding FNI 's Personnel at
Construction Site, and provisions providing contractor
indemnification of the CITY and FNI 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 FNI, 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
FNI."
(2) This AGREEMENT gives no rights or benefits to anyone other
than the CITY and FNI 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
FNI.
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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 FNI 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 FNI 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 FNI, 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 FNI '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
FNI 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 FNI, 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 FNI will be
at the CITY's sole risk. The final designs, drawings,
specifications, and documents shall be owned by the CITY.
C. Force Majeure
FNI is not responsible for damages or delay in performance caused by
acts of God, strikes, lockouts, accidents, or other events beyond
the control of FNI.
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 FNI 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, FNI will be paid for termination expenses as follows:
(a) Cost of reproduction of partial or complete studies,
plans, specifications, or other forms of FNI '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 FNI 's personnel to document
the work underway at the time of the CITY's termination
for convenience so that the work effort is suitable for
long time storage.
(3) Prior to proceeding with termination services, FNI 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.
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E. Suspension, Delay, or Interruption of Work
The CITY may suspend, delay, or interrupt the services of FNI for
the convenience of the CITY. In the event of such suspension,
delay, or interruption, an equitable adjustment in the PROJECT's
schedule, commi tment, and cost of FNIs personnel and
subcontractors, and FNI 's compensation will be made.
F Indemnification
(1) FNI agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for any property
damage and bodily injury, including death, caused solely by
the negligence or willful misconduct of FNI, its employees,
officers, and subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both FNI and the
CITY (for 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 FNI and the CITY in proportion
to their relative degrees of negligence or willful misconduct
as determined pursuant to T.C.P. & R. Code, Section 33.011(4)
(Vernon Supplement 1996) .
G. Assignment
Neither party will assign all or any part of this AGREEMENT 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 means the CITY and FNI 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.
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J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between
the CITY and FNI 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 , judgement 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'
nova 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.
L. 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, i I I egal i ty, or unenforceabi 1 i ty will not affect any
other provision, and this AGREEMENT shall be construed as i f such
invalid, illegal , or unenforceable provision had never been
contained herein. Articles V.F., VI.B. , VI.H. , VI.I., and VI.J.
shall survive termination of this AGREEMENT for any cause.
M. Observe and Comply
FNI 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. FNI
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.
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Article V11
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the
entire AGREEMENT, supersedes all prior written or oral understandings, and may
only be changed by a written amendment executed by both parties. The following
attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Supplemental Obligations of FNI
ATTEST: CITY OF FORT WORTH
A,
1A
�
Alice Church By. Mike Groomer
City Secretary Assistant City Manager
APPROVED AS TO FORM BY:
AND LEGALITY A. DOUGLAS RADEMAKER P.E.
DIRECTOR OF ENGINEERING
Assistant City Attorney
ATTEST: FREESE AND NICHOLS, INC.
act Authorization,
ATTACHMENT A
SCOPE OF SERVICES
The "project" as defined by this scope of services will consist of
professional services to prepare one set of design plans and specifications for
the extension of Bear Creek Interceptor Sewer Main from the Keller, TRA meter
station to the Intel diversion structure.
PHASE 1 - PRELIMINARY ROUTE STUDY
1. Attend a start-meeting with the City staff for the purpose of designating
key contact personnel and refining the scope of the project for
preliminary route study.
2. Identify alternative routes for the sewer line starting at the TRA meter
station and ending at the connection of the Intel diversion structure. A
maximum of four routes will be examined. Special emphasis will be placed
on the number of property ownerships required for each route and the
ability of the project to provide service to both the Bear Creek basin
area and Intel . It is understood that the location of the diversion
structure will be south of Golden Triangle Boulevard at a point
approximately 2,000 feet south of the future intersection of Golden
Triangle Boulevard and the Beach Street extension.
3. Prepare an estimate of number of property tracts which will be crossed
along each route.
4. Advise the City of the number of property tracts to be crossed with each
alternative route and with the City's concurrence, select the most
favorable route for additional study.
5. Prepare a preliminary construction cost opinion for the selected route.
6. Prepare a "Preliminary Alignment Report" describing the routes examined
for the sewer line. The report will include a plan indicating each route
examined, a preliminary profile of the selected route, preliminary cost
opinion of the selected route, a summary and recommendation for the
selected route. In addition, the report will include an estimate of
number of parcels required for each route and a preliminary estimate of
easement cost required for the project. Easement cost will be based on
the acquisition of a 15 foot wide permanent easement and a 35 foot wide
temporary construction easement at those locations where the project will
be located on private property.
7. Submit five (5) copies of the "Preliminary Alignment Report" to the City
for review.
B. Incorporate City review comments (if any) into the "Final Alignment
Report" and submit five (5) copies of the report to the City.
Attachment A (Continued)
PHASE 2 - PRELIMINARY DESIGN PLANS
1. Attend and document a maximum of 13 preliminary design meetings at the
City of Fort Worth. The meetings will include project coordination,
technical design considerations, level of detail , public meetings and
project review.
2. Visit the site to verify the existing land features, obtain property map
information and coordinate available survey data, obtain updated platting
informatidn from City, and gather existing utility data and other
pertinent information within the project limits from the City.
3. Data collection will include collection of City supplied data and research
by the Engineer to obtain pertinent information to aid in coordination of
the proposed improvements with any planned future improvements that may
influence the project. Engineer will also identify and seek to obtain
data for existing conditions that may impact the project including but not
limited to existing water and sewer lines, franchise utilities, TOOT
highway plans, master plans developed by City or provided by Consultants,
and available property ownership from appropriate agencies.
4. Coordinate with the City of Fort Worth and other municipalities, public
and private utilities, or government agencies to determine the extent of
available previous engineering studies that may have an impact or
influence on the design of the projects. Documentation of information
gathered from utilities will include identifying conflicts which may
impact the method of construction or require relocation of a specific
utility. Coordinate the alignment with the consultants designing the
proposed force main, and lift stations which are to serve the Intel site.
5. Refine the preliminary alignment discussed in Phase 1. Coordinate the
alignment ,with existing property maps, the creek alignment. and existing
and future roadway alignments. Establish the wastewater alignment profile
based on locating the improvements within a proposed utility easement that
follows existing easements, floodplains and rights-of-way, whenever
possible. Recommend locations for manholes and appurtenances.
6. Review existing information developed as part of the City's Wet Weather
Program to determine flow requirements from within the basin and from the
Inter project. The existing capacity and potential future capacity of the
TRA system will also be reviewed to determine the line size of the
proposed line.
7. Coordinate the limits of the field surveying and meet with the surveyors
in the field to begin the topographic and easement surveys.
8. Coordinate the geotechnical field investigation with the geotechnical
subconsultant.
Attachment A (Continued)
9. Prepare preliminary plan and profile sheets for the sewer line alignment
using data obtained from field survey. Preliminary plan sheets will
include creek crossings, major highway crossings, permanent and temporary
easements, existing utilities and utility easements and future
improvements. Submit preliminary alignment to franchise utilities to
coordinate any conflicts.
10. Prepare an overall easement map that identifies the required temporary
construction and permanent utility easements required along the selected
alignment. This map will show a tabulation of the easement size and
property ownership. A maximum of 12 permanent easement parcels has been
estimated for this project. Prepare and submit draft rights-of-way and
easement documents and sketches to the City for review. The preparation
of these preliminary easement documents will be used to set the sewer
alignments, give the surveyor the basis for field surveys and easement
preparation, and can be used by the City to discuss easement acquisitions
with property owners.
11. Identify the permits that will be required for utility crossings TxDOT,
and any environmental permits required along the alignment. Quantify the
amount of permits required and develop a time line for submitting, review,
and approval of permit applications. Permits for constructing project
through franchise utility operator areas will be obtained by others.
12. Develop a conceptual design layout for renovating or providing a new meter
station to be constructed at the site of the existing TRA Bear Creek meter
station. Conceptual design will identify the primary flow measurement
element and proposed instrumentation for the meter station.
13. Prepare preliminary estimates of probable cost of construction for the
project.
14. Attend and document a final preliminary design review meeting. This
meeting will finalize the alignment and easement locations such that final
design can begin.
PHASE 3 - PREPARATION OF DETAILED DRAWINGS AND SPECIFICATIONS
1. Upon completion, approval of Phase 2 and written authorization from the
City, the Engineer will begin Phase 3 services.
2. Preparation of the final design package shall be based upon preliminary
design plans as approved by City.
3. Prepare detailed plans, specifications, contract documents, designs, and
layouts for the proposed improvements from the existing TA system to the
Intel force main, a distance of approximately 15,000 feet.
Attachment A (Continued)
4. Prepare one set of contract documents based on the General Contract
Documents and Specifications for Water Department Projects (City of Fort
Worth) . Prepare technical specifications for the construction items in
accordance with City standards using General Contract Documents and
Specifications for Water Department Projects (City of Fort Worth) .
Address any special conditions related to the project. Prepare final bid
proposals with quantities for the project.
5. Prepare a final Engineer's Opinion of Probable Cost of Construction for
the project. ti
6. Prepare an estimated quantity summary sheet for the project.
7. Prepare and assist in the execution of forms/applications for permits
necessary for construction of the project. All executed permits will be
included in the bid documents. Permits to cross highway, franchise
utilities, and connection to TRA sewer transmission line are anticipated.
The contractor will obtain stormwater pollution prevention plan permits.
The Engineer will furnish the City engineering data necessary for
applications for routine permits required by local , state, and federal
authorities. Coordination for U.S. Army Corps of Engineers Section 404
permitting, as applicable, and preparation of detailed applications and
supporting documents for government permits will be provided as Additional
Services, if required.
8. Submit plans, specifications, and contract documents to the applicable
federal and state agency(s) on behalf of the City, where required.
9. Anticipate attending and Aocumenting a maximum of 6 final design meetings
at the City of Fort Worth--,- The meetings will include project coordination,
scheduling, technical de' sign considerations, design details, contract
document preparation, public meetings and project review.
10. Submit 20 sets of plans and 5 sets of specifications to the City for
review. Incorporate or provide written response to design review comments
from City. Make required corrections or revisions to plans and
specifications.
11. Attend and document a final plan review meeting with the City for each of
the three projects. This meeting will be the final meeting before the
project is released for bids.
12. Submit copies of final construction plans and contract documents to the
City after addressing final review comments. Submittal shall include 5
copies of each of the final construction plans and 4 copies of
specifications. Final plans will be on 24" x 36" sheets. Plan\profile
views will have a minimum scale of 1"=40' horizontal and 1"=4' vertical .
Final plans can be delivered to City on disks in AutoCad Rel . 12 format,
upon request.
13. The City will provide the Engineer written approval of the Phase 3 plans
before proceeding with Phase 4.
Attachment A (Continued)
PHASE 4 - SPECIFICATIONS, BID PROPOSAL, DELIVERY OF FINAL PLANS AND
PRECONSTRUCTION CONFERENCE
1. The Engineer will deliver to the City original plans on mylar sheets
having a minimum thickness of 0.0004 inches, 45 copies of the plans,
specifications, notice to bidders, bid proposal , labor rates, experience
records, general and special provisions, insurance statement, performance
and payment bonds and contract forms complete and suitable for advertising
for bids. The Engineer will provide assistance to the City in advertising
for bids, tabulating bids received, provide recommendations for award of
construction contracts, and prepare conformed and executed contract
documents as Basic Services.
2. The Engineer will attend a pre-construction conference for the purpose of
answering any questions pertaining to the design. The City will preside
over the meeting. The Engineer will provide follow up responses or
documentation as required.
3. Expenses for reproduction for the project includes 15 sets of plans for
'futility clearance", and 45 sets of plans and specifications for bidding.
PHASE 5 - CONSTRUCTION SERVICES
1. Provide general field representation to observe the progress of the work
and to answer questions that might arise in the field concerning the
Freese and Nichols design of the project.
2. Review and recommend compliance of shop drawings, change orders, and pay
requests, for the items required by the construction documents related to
the proposed improvements, as requested by the City.
PHASE 6 - FIELD SURVEYING/EASEMENT PREPARATION/CONSTRUCTION STAKING
1. Provide field survey for the preparation of the design plans. The design
survey will identify existing land features, topography based on city
datum, locations of existing utilities, and field ties to existing
property lines and rights-of-way. The design survey will establish
vertical and horizontal control points which can be utilized during
construction.
2. Provide a 50-foot wide strip survey along the proposed sewer alignment.
The location of the survey will be based on the conceptual alignments. If
during the preliminary or final design it is determined that a revised
alignment is required, then additional field surveys will be completed as
an additional service.
3. Prepare metes and bounds descriptions and exhibits for easement documents
for all Pe anent sewer utility easements and temporary construction
easements required for the project. A total of 12 easement and legal
documents has been estimated to be required for this project. Five (5)
copies of easements and legal documents will be provided to the City.
Attachment A (Continued)
4. Field surveys and easements will be prepared in AutoCad Rel . 12 format and
are available on disk, upon request.
5. Provide one construction control staking for the project. The
construction staking will include centerline stakes at 5001 intervals,
staking all centerline P 's, PT's and PC's, 6 benchmarks for use by the
Contractor's project layout, staking the permanent easement property
corners and flagging the temporary construction easement.
6. Field surveying services in addition to those contained in the above
description shall be considered Additional Services.
PHASE 7 - GEOTECHNICAL INVESTIGATION
1. Provide a geotechnical field investigation to include the drilling of
geotechnical borings along the proposed alignments.
2. Provide geotechnical laboratory analysis required to classify the soil
types using samples obtained during the field investigation and identify
geotechnical conditions along the route.
3. Provide ten (10) copies of geotechnical report summarizing the field
investigations and including design data for backfill requirements,
foundations, and other parameters as determined necessary to design the
project. A location map of boring locations and soil boring logs shall be
included in the report.
PHASE 8 - SPECIAL SERVICES
Various SPECIAL SERVICES incidental to the PROJECT, but not within the
scope of the BASIC ENGINEERING SERVICES covered by Attachment A preceding, which
may be performed or arranged for separately by the CITY, or may be added to FNI 's
responsibilities by mutual agreement and written authorization include, but are
not necessarily limited to, the following:
(1) Additional meetings with local , state, and federal agencies to-
discuss the project;
(2) Supplemental engineering services required to meet the requirements
of regulatory or funding agencies;
(3) Prepare to serve as an expert witness on behalf of the CITY in
connection with any public hearings or legal proceedings;
(4) Perform outside of office services including shop, mill , field, or
laboratory inspection of materials or equipment, not otherwise
provided as BASIC ENGINEERING SERVICES;
(5) Perform additional subsurface excavation in the event such
excavation is required to locate existing facilities;
Attachment A (Continued)
(6) Prepare legal descriptions and plats in excess of those provided in
Attachment A;
(7) Perform geotechni cal assessments to determine soil , water table, or
trenching characteristics;
(8) Furnish construction plans and specifications in excess of those
sets provided in Attachment A;
(9) Complete redrawing of construction plan sheets, if required as a
result of changes made in the scope of the construction contract
after submission of final pans to the CITY;
(10) Observe on-site conditions to evaluate exposed conditions,
dewatering techniques, or changed conditions;
(11) Coordinate with landowners for right of entry or other PROJECT
related requirements;
(12) Provide additional full-size and/or half-size final plan sets and
specifications for the PROJECT in excess of the number required
under Attachment A;
(13) Provide additional borings which may be occasioned by the depth to
rock being deeper than anticipated or because of changes in
geological conditions which necessitate additional evaluation to
properly define the strategic conditions; and
(14) Provide any other services otherwise excluded int this AGREEMENT but
customarily furnished in accordance with generally accepted
engineering practices.
ATTACHMENT B
Compensation for engineering services shall for a total lump sum amount of Two
Hundred One Thousand Dollars ($201,000) as follows:
1. Preliminary Alignment Report $5,774
2. Preliminary Design $32,745
3. Final Design $83,238
4. Survey and Easement Documents $58,058
5. Geotechnical Investigation and Report $7,700
6. Printing, Travel , Non-Labor Expenses $13,485
Total for Project $201,000
7. Special Services $18,000
For and in consideration of the SPECIAL SERVICES set forth in Attachment
A herein, the CITY shall pay and FNI shall receive compensation for personnel
time plus expenses in an amount not to exceed Eighteen Thousand Dollars
($18,000) , to be paid as follows:
For all of FNI 's personnel time applied to the SPECIAL SERVICES,
compensation shall be based on "Salary Cost" times a multiplier of 2.30. "Salary
Cost" used herein is defined as the cost of salaries of engineers, draftsmen,
stenographers, surveymen, clerks, laborers, etc., for time directly chargeable
to the PROJECT plus social security contributions, unemploymenti excise and
payroll taxes, employment compensation insurance, retirement benefits, medical
and insurance benefits, sick leave, vacation, and holiday pay applicable thereto.
All direct non-labor expenses, including mileage, travel and lodging
expenses, but excluding subcontract expenses, applied to the SPECIAL SERVICES,
shall be paid at invoice or internal office cost plus a ten percent (108) service
charge. Subcontract expenses shall be paid at direct cost plus a ten percent
(10%) service charge.
ATTACHMENT C
Amendments to Article IV - None
Amendments to Article V None
Amendments to Article VI - None
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City of Fort Worth, Texas �Lls/�_ -
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
03/25/97 C-15966 30BEAR 1 of 2
SUBJECT AWARD OF ENGINEERING SERVICE AGREEMENT WITH FREESE & NICHOLS, INC.,
FOR THE DESIGN, EASEMENT PREPARATION AND CONSTRUCTION STAKING OF
BIG BEAR CREEK INTERCEPTOR SEWER MAIN EXTENSION TO SERVE THE
PROPOSED INTEL SITE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an
engineering agreement with Freese & Nichols, Inc., in the amount of $201 ,000.00 for the
design, easement preparation and construction staking of Big Bear Creek interceptor sewer
main extension to serve the proposed Intel site.
DISCUSSION:
In November 1996, Intel Corporation announced its plan to locate a plant north of Alliance
Airport. Intel has indicated a desire to have water and sewer service to the site by May
1998.
Ultimate water demand is anticipated to be 8 million gallons per day. Wastewater
discharges will be treated at three separate wastewater facilities.
Freese & Nichols, Inc., has been selected to design one of the drainage routes, more
specifically the Big Bear Creek interceptor tying to the TRA Central wastewater treatment
facility. The scope of services consists of designing 14,600 feet of gravity sewer main to
serve the proposed Intel site.
Included within the scope of services is the preparation of all temporary and permanent
easements and and construction staking.
Those services are broken down as follows:
Engineering Design $135,276.00
Design Survey $ 25,444600
Geotechnical Investigation $ 7,700.00
Easement Preparation $ 21 ,780.00
Construction Survey
$_1 0_,_800.00
Total Fee: $ 201 ,000.00
The Department of Engineering will require an additional $10,000.00 for the coordination
of this phase of the project-,
0 Printed on Recycled Paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER Lt7G NAME PAGE
2 of 2
031125/97 C-15966 30BEAR
SUBJECT AWARD OF ENGINEERING SERVICE AGREEMENT WITH FREESE & NICHOLS, INC.,
FOR THE DESIGN, EASEMENT PREPARATION AND CONSTRUCTION STAKING OF
BIG BEAR CREEK INTERCEPTOR SEWER MAIN EXTENSION TO SERVE THE
PROPOSED INTEL SITE
Freese & Nichols, Inc., is in compliance with the City M/WBE Ordinance by committing
to 26% M/WBE participation. The City's goal on this project is 25%,
The project is located COUNCIL DISTRICT 4, Mapsco 22-J, K, L and M.
FISCAL INFO RMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds are available in the current capital
budget, as appropriated, of the Commercial Paper-Sewer Fund,
MG:f
Orrice by
Mike Gro-omer 6 40 APPROVED
Originating Dtpartrywnt Head:
CITY COMM
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