HomeMy WebLinkAboutContract 31145 CITY
- CON RACSECRETARYI 0
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY'), and Turner
Collie & Braden, Inc., (the "ENGINEER"), for a PROJECT generally described as: Ryan
Southeast Drainage Improvements.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of suspension
of services, the ENGINEER shall have no liability to CITY for delays or
damages caused the CITY because of1 �e I MT J rvices.
ORIGINAL
J
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and fumishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
conceming the results of same. Such surveys, tests, and investigations shall
be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with the
Contract Documents, nor shall anything in the Contract Documents or the
agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the
work on the PROJECT. If, for any reason, the ENGINEER should make an
on-site observation(s), on the basis of such on-site observations, if any, the
ENGINEER shall endeavor to keep the CITY informed of any deviation from
the Contract Documents coming to the actual notice of ENGINEER regarding
the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cast, Financial ConsideratiiSiiS, 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; tii nq ar.,Q ,1,,; i %�-` ��
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Page 3 of 14 CITY
FT. WORTH, M.
of performance by third parties; quality, type, management, or direction of
operating personnel; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore, the
ENGINEER makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not vary from the
ENGINEER's opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's
knowledge, information, and belief from selective sampling and observation that the
work has progressed to the point indicated. Such recommendations do not
represent that continuous or detailed examinations have been made by the
ENGINEER to ascertain that the construction contractor has completed the work in
exact accordance with the Contract Documents; that the final work will be
acceptable in all respects; that the ENGINEER has made an examination to
ascertain how or for what purpose the construction contractor has used the moneys
paid; that title to any of the work, materials, or equipment has passed to the CITY
free and clear of liens, claims, security interests, or encumbrances; or that there are
not other matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and fumished 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 f ro►i► participating i►► 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 nor
hours to all necessary ENGINEER facilities and shall be provide Je
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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
CITY shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this article
together with subsection (3)hereof. CITY shall give sub-consultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits.-
ENGINEER
imits: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
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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.
(f) Deductible limits, or self-insured retentions, affecting insurance
required herein shall be acceptable to the CITY in its sole discretion;
and, in lieu of traditional insurance, any 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) , With ti=i%ier fAppIicahle noI'c�cs shall each h -endorsed cd .. _.. .
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.
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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.
(1) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When subconsultants
maintain insurance coverage, ENGINEER shall provide CITY with
documentation thereof on a certificate of insurance. Notwithstanding
anything to the contrary contained herein, in the event a
subconsultant's insurance coverage is canceled or terminated, such
cancellation or termination shall not constitute a breach by
ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing
of any existing conflicts of interest or potential conflicts of interest, including personal
financial interest, direct or indirect, in property abutting the proposed PROJECT and
business relationships with abutting property cities. The ENGINEER further
acknowledges that it will make disclosure in writing of any conflicts of interest that
develop subsequent to the signing of this contract and prior to final payment under
the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
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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-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local, state,
or federal authorities; and land, easements, rights-of-way, and access necessary for
the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisor and othp-r
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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 CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for contractor's
negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary of
any undertaking by the ENGINEER."
ENGINEERING CONTRACT
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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 Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time required
for performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval.
ENGINEERING CONTRACT
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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will be
at the CITY's sole risk. The final designs, drawings, specifications and documents
shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by
acts of God, strikes, lockouts, accidents, or other events beyond the control of the
ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT 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 pal-tial 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.
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(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in connection
with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of negligence
or willful misconduct as determined pursuant to T.C.P. & R. Code, section
33.011(4) (Vernon Supplement 1996).
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,actiol1, except for Vvillful IIIisco lduct or, gross
negligence for limitations of liability and sole negligence for indemnification. Parties
mean the CITY and the ENGINEER, and their officers, employees, agents, and
subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
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J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose in
the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, anu shall observe a��d co�Iply 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
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the day of , 200X-5
ATTEST: ORT WO
01
Marty Hendrix arc. A Ott
City Secretary Assistark City Manager
-L—aUCI ;APPROVAL RECOMMENDED
Contract!�Authorizatiop /
l a— CA
- A. Douglas Rademaker,
Date Director, Engineering D partrffent
APPROVED AS TO FORM
AND LEGALITY
Assistant City Attorney
TURNFR C O IIF R RRADFN INC,
ENGINEER
4
By:
Ann E. Kovic
Vice President
ENGINEERING CONTRACT MWOUN,
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ATTACHMENT "A"
General Scope of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in the supplemental Scope of Services. In cases of conflict between the
Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope
of Services shall have precedence over the General Scope of Services."
G N RA
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of
the City regarding the scope of project so that the plans and specifications which are to
be developed hereunder by the Engineer will result in providing facilities which are
economical in design and conform to the City's requirements and budgetary
constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be
necessary for the design of the proposed street, and storm drain and/or water and
wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure
necessary information from such outside agencies, to meet their requirements.
3) Geotechnical Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations
that may be needed. In the event it is determined necessary to make borings or
excavate test holes or pits, the Engineer shall in coordination with the City and the
City's geotechnical engineering consultant, draw up specifications for such testing
program. The cost of the borings or excavations shall be paid for by the City.
4) Agreements and Permits
The Engineer shall complete all forms/applications to allow the City of Fort Worth to
obtain any and all agreements and/or permits normally required for a project of this size
and type. The Engineer will be responsible for negotiating and coordinating to obtain
approval of the agency issuing the agreement and/or permits and will make any
revisions necessary to bring the plans into compliance with the requirements of said
agency, including but not limited to highways, railroads, water authorities, Corps of
Engineers and other utilities.
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineers own cost and expense, unless such
changes are required due to changes in the design of the facilit bt�t the
permitting authority. if such changes are required, the Engineer shall oU`���
1. tW1;
an amendment to the contract shall be made if the Engineer incurs additional cost. If
there are unavoidable delays, a mutually agreeable and reasonable time extension
shall be negotiated.
6) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic
film sheets, or as otherwise approved by the Department of Engineering and shall
become the property of the City. City may use such drawings in any manner it desires;
provided, however that the Engineer shall not be liable for the use of such drawings for
any project other than the project described herein; and further provided, that the
Engineer shall not be liable for the consequences of any changes that are made to the
drawings or changes that are made in the implementation of the drawings without the
written approval of the Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction of
the project. Engineer shall determine ownership of such land and furnish the City with
the necessary right-of-way sketches, prepare necessary easement descriptions for
acquiring the rights-of-way and/or easements for the construction of this project.
Sketches and easement descriptions are to be presented in form suitable for direct use
by the Department of Engineering in obtaining rights-of-way, easements, permits and
licensing agreements. All materials shall be furnished on the appropriate City forms in a
minimum of four (4) copies each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans
and Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to
any proposed utility liens or adjustment to existing utility lines within the project limits.
The information obtained shall be shown on the conceptual plans. The Engineer shall
show on the preliminary and final plans the location of the proposed utility lines,
existing utility lines, based on the information provided by the utility, and any
adjustments and/or relocation of the existing lines within the project limits. The
Engineer shall also evaluate the phasing of the water, wastewater, street and drainage
work, and shall submit such evaluation in writing to the City as part of this phase of the
project.
F. ''Oif fl, TEX.
10) Conceptual Plans
The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans
which include layouts, preliminary right-of-way needs and preliminary estimates of
probable construction costs for the Engineer's recommended plan. For all submittals,
the Engineer shall submit plans and documents for street/storm drain and
water/wastewater facilities. The Engineer shall receive written approval of the Phase 1
Plans from the City's project manager before proceeding with Phase 2.
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans
and five (5) copies of the preliminary technical specifications for review by the City and
for submission to utility companies and other agencies for the purposes of coordinating
work with existing and proposed utilities. The preliminary construction plans shall
indicate location of existing/proposed utilities and storm drain lines. The Engineer shall
receive written approval of the Phase 2 plans from the City's project manager before
proceeding with Phase 3.
PHASE 3
13) Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
14) Detailed Cost Estimate
The Engineer shall furnish four(4) copies of detailed estimates of probable construction
costs for the authorized construction project, which shall include summaries of bid items
and quantities.
15) Plans and Specification Approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state and federal
laws and with applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies. The Engineer shall receive written approval of the
Phase 3 plans from the City's project manager before proceeding with Phase 4.
-3-
CITY
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PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction
plans and contract specifications. The approved plans and contract specifications shall
be used as authorized by the City for use in obtaining bids, awarding contracts, and
constructing the project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the
bidding documents, and assist the owner in determining the qualifications and
acceptability of prospective constructors, subcontractors, and suppliers. When substitu-
tion prior to the award of contracts is allowed by the bidding documents, the Engineer
will advise the owner as to the acceptability of alternate materials and equipment
proposed by the prospective constructors.
18) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the
construction of the project and shall make a recommendation of award to the City.
19) Prebid Conference
The Engineer shall attend the prebid conference and the bid opening, prepare bid
tabulation sheets and provide assistance to the owner in evaluating bids or proposals
and in assembling and awarding contracts for construction, materials, equipment, and
services.
PHASE 5
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters concerning the layout of the
project during its construction and will set control points in the field to allow City survey
crews to stake the project. The setting of line and grade stakes and route inspection of
construction will be performed by the City.
22) Site Visits
The Engineer shall visit the project site at appropriate intervals as construction
proceeds to observe and report on the progress and the quality of the executed work.
fir, r_
CITY
Z,_ -, U 4 ye
tp in l Y �I41
23) Shop Drawing Review
The Engineer shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratory, shop, and mill
test reports on materials and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the acceptability
of the work, at the request of the City.
25) Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field
conditions encountered.
26) Record Drawings
The Engineer shall prepare record drawings from information submitted by the
contractor.
� ^-r
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
Project No. 00092
2004 CIP Ryan Southeast Drainage Improvements
Storms in spring 2002 caused repeated flooding of several homes and other property damage
in the Ryan Southeast neighborhood. The upper end of the neighborhood currently contains no
storm drains. South Riverside Drive is also often blocked by high water after heavy downpours,
making it impassable to motorists and emergency vehicles. This project will improve the
drainage conditions and increase the drainage system capacity.
Turner Collie & Braden (ENGINEER) and its subconsultant (Gorrondona &Associates, Inc.) will
perform the tasks described in this Supplemental Scope of Services. In case of conflict
between this EXHIBIT "A-1" and ATTACHMENT "A" General Scope of Services, this EXHIBIT
"A-1" Supplemental Scope of Services shall govern.
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
SUMMARY OF IMPROVEMENTS
STORM DRAIN
STREET COUNCIL 24" RCP 30" RCP 36" RCP 48" RCP 60" RCP 10' CURB
NAME DISTRICT INLET
(LF) (LF) (LF) (LF) (LF) EA
Cantey St.
Yuma to S. No.8 1030 0 0 0 0 2
Riverside
South
Riverside
No. 8 0 285 650 0 0 6
Colvin Ave.
to Cante
Talton St.
South No. 8 0 0 735 685 0 0
Riverside
to Outfall
Existing No. 8 0 0 0 0 155 0
Outfall
TOTAL 1030 285 1385 685 155 8
• Surveys & Rights of Entry. Topographic surveys and subsurface utility engineering will be
performed along the storm drain route to a level sufficient for final design. In addition, ROW
research will be performed along the route sufficient to establish ROW along the alignment
and to determine the need for necessary rights of entry. Right of Entry documents will be
prepared by the City. ���)�. X-
10/14/04 S C---PWAU Y
• Permits. An application will be prepared and submitted for a TxDOT permit for the storm
drain crossing at Riverside Drive (Bus US 287).
• Plans and Contract Documents. Preliminary plans will be prepared for the 2004 CIP
Ryan Southeast Drainage Improvements. Final construction documents will be prepared
based on the approved results of the Preliminary Design phase.
• Pre-Construction Assistance. Limited Pre-Construction assistance tasks will be
performed for the project.
PART A. PRE-ENGINEERING
1.0 Initial Data Collection
a. Pre-Design Coordination Meetings
ENGINEER will attend and document meetings to discuss and coordinate various
aspects of the project including the project schedule. For the purpose of
establishing a level of effort, five (5) meetings are anticipated. These include the
following:
One (1) pre-design kickoff meeting, including the CITY's Department of
Engineering and other departments that are impacted by the project.
Two (2) review/coordination meetings in relation to the hydraulic modeling
efforts.
One (1) review meeting at the completion of the CITY's review of the preliminary
engineering plans.
One (1) review meeting at the completion of the CITY's review of the final
engineering plans.
b. Data Collection
The ENGINEER will research and make efforts to obtain pertinent information to aid
in the coordination of the proposed improvements with any planned future
improvements that may influence the project. ENGINEER will also identify and seek
to obtain data for existing conditions that may impact the project including; utilities,
City Master Plans, property ownership as available from the Tax Assessor's Office.
c. Coordination with Other Agencies
The ENGINEER shall obtain available reports, plans, existing geotechnical
information, and other data relevant to the project from the appropriate agency. The
ENGINEER will also contact the public and private utilities along the proposed
alignments for information on existing and proposed facilities.
10/14/04
EA1-2 �
PART B. CONSTRUCTION PLANS AND SPECIFICATIONS
1.0 Conceptual Engineering
a. Hydraulic Modeling / Design
1. ENGINEER will conduct a field inspection of accessible portions of the
existing drainage system. Characteristics which would impair the capacity
of the system will be noted. Investigations of structural integrity are not
included and will require additional authorization.
2. ENGINEER will revise the XPSWMM model prepared for 2003 concept
study to incorporate survey data described above.
3. ENGINEER will revise the rational formula characteristics in the
XPSWMM model to more accurately define proposed system
improvements. This will include addition of subareas to define flows
discharged to individual inlets.
4. ENGINEER will exercise the XPSWMM model to refine trunk line sizes
defined in the concept study and determine inlet sizes and required
locations.
5. Attend up to two (2) meetings with city staff to review the hydraulic
modeling assumptions, results, and recommendations.
b. Surveys for Design
1. ENGINEER will perform field surveys to collect horizontal and vertical
elevations and other information needed by ENGINEER in design and
preparation of plans for the project. Information gathered during the survey
shall include topographic data, elevations of all sanitary and adjacent storm
sewers, rim/invert elevations, location of buried utilities, structures, and
other features relevant to the final plan sheets. Existing drainage at
intersections will be verified by field surveys.
2. ENGINEER will provide the following information:
All plans, field notes, plats, maps, legal descriptions, or other specified
documents prepared in conjunction with the requested services shall be
provided in a digital format compatible with the electronic data collection
and computer aided design and drafting software currently in use by the
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, and
all drawing files shall be provided in Autocad (DWG or DXF) format
(currently Release 2000i), 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.
10/14/04
EA 1-3
The minimum survey information to be provided on the plans shall include
the following:
i. A Project Control Sheet, showing ALL Control Points, used or set
while gathering data. Generally on a scale of not less than 1:400:
ii. The following information about each Control Point;
a. Identified (Existing. City Monument #8901, PK Nail,
5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate
system, and a referred bearing base. Z coordinate on
City Datum only.
C. Descriptive Location (Ex. Set in the centerline of the
inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast corner of North
Side Drive and North Main Street).
iii. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in
the same coordinate system, as the Control.
iv. No less than two horizontal bench marks, per line or location.
V. Bearings given on all proposed centerlines, or baselines.
C. Public Notification
Prior to conducting design survey, ENGINEER will notify affected residents of the
project in writing. The notification letter shall be on company letterhead and shall
include the following: project name limits DOE project No., Consultant's Project
Manager and phone no., scope of survey work and design survey schedule. The
letter will be reviewed and approved by the City prior to distribution.
d. Drainage Computations
ENGINEER will review and document the storm water watershed drainage runoff
area and existing street, right-of-way and storm sewer capacities for the subject
site. A drainage area map will be drawn at 1" = 200' scale from available contour
maps. Calculations regarding sweet and right-of-way capacities and design
discharges (5-year and 100-year frequencies) at selected critical locations will be
provided. Capacities of existing storm drain will be calculated and shown. The
ENGINEER's responsibility includes recommendations for improvements of the
existing system as deemed reasonable and consistent with City standards.
e. Conceptual Engineering Plan Submittal
1. Conceptual plans shall be submitted to City 30 days after Notice to Proceed
Letter is issued.
2. The ENGINEER shall furnish four (4) copies of the Phase 1 concept
10/14/04
EA1-4
engineering plans which include layouts, preliminary right-of-way needs and
opinions of cost for the ENGINEER's recommended plan. 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. It is anticipated that the general alignment set
forth in the drainage study previously completed will be utilized for preliminary
and final design. Refinement of the general route will be completed during the
Preliminary Engineering Phase; however, the investigation of alternative
alignments shall be considered additional services and will require
supplemental compensation and approval.
2.0 Preliminary Engineering
Upon approval of Part B, Section 1, ENGINEER will prepare preliminary construction
plans for the 2004 CIP Ryan Southeast Drainage Improvements.
a. Subsurface Utility Engineering (SUE)
The purpose of the SUE is to identify potential conflicts with existing utilities that may
arise during the construction of the proposed drainage improvements. ENGINEER
will perform the SUE work required for this project in general conformance with the
recommended practices and procedures described in ASCE Publication CUASCE
38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface
Utility Data). For this project, the ENGINEER will perform a Quality Level B
investigation along the route of the proposed storm drain. As described in the
mentioned ASCE publication, four levels have been established to describe the
quality of utility location and attribute information used on plans. The four quality
levels are as follows:
Quality Level D (QL"D") — Information derived from existing records.
Quality Level C (QL"C") — QL"D" information supplemented with information
obtained by surveying visible above-ground utility features such as valves,
hydrants, meters, manhole covers, etc.
Quality Level B (QL"B") — Two-dimensional (x,y) information obtained through
the application and interpretation of non-destructive surface geophysical
methods. Also know as "designating" this quality level provides the approximate
horizontal position of subsurface utilities within approximately one foot.
- Quality Level A (QL"A") —Also known as "locating", this quality level provides
precise three dimensional (x,y,z) information at critical locations by exposing
specific utilities. Non-destructive vacuum excavation equipment is used to
expose the utilities at specific points which are then tied down by survey.
The due-diligence for this project will consist of reviewing available record
documents and inspecting the work area for evidence of utilities. Utilities that are
not identified through these efforts will be here forth referred to as "unknown"
utilities. ENGINEER will scan the defined work area using electronic prospecting
equipment to search for "unknown" utilities.
Upon completion of data collection and information review (QL "D" and QL "C"),
ENGINEER will begin designating the approximate horizontal position� of known
subsurface utilities within the specified project limits (QL "B"). A suite of gegaG;1
10/14/04 t"Ci
EA1-5 FT. WHO TEX.
equipment will be used to designate metallic/conductive utilities (e.g. steel pipe,
electrical cable, telephone cable). Non-metallic/non-conductive utilities will be
designated using other proven methods, such as rodding, and probing. Where
access is available, a sonde will be inserted into the utility line to provide a medium
for signal transmission, which can then be designated using geophysical equipment.
b. Property / ROW Services
(1) Ownership / ROW Map — Provide ownership research and obtain copies of plats
and deeds to establish property lines, rights-of-way of streets and railroad rights-
of-way as applicable. Prepare a deed sketch showing landowners and existing
rights-of-way. Provide field ties to property corners and calculate the right-of-
way/property lines along the proposed route.
(2) Easements & Right of Entry Agreements — It is anticipated that up to 4
permanent drainage easements will be needed. It is also anticipated that
construction of the proposed improvements will require temporary right of entry
agreements. The preparation of up to six (6) agreements is anticipated. The
Engineer will identify locations right of entry agreements will be needed. The
City will be responsible for preparation of the right of entry agreements.
c. Permits
(1) Antiquities Permit
The Antiquities Code of Texas stipulates that the CITY, as a subentity of the
State of Texas, is required to identify historic properties that may be impacted by
proposed construction or ground-breaking activities. The work performed under
this scope is limited to preparation of notification of the proposed project to the
Texas Historical Commission (THC). If the THC determines that a cultural
resource survey and Antiquities Permit is required, ENGINEER will prepare a
separate proposal for such services and request supplemental authorization.
(2) Section 404 Permit
It is anticipated that the proposed improvements will not require Section 404
permitting and/or USACE notification. Should the scope of work change such
that Section 404 permitting and USACE notification is needed, ENGINEER will
prepare a separate proposal for such services and request supplemental
authorization
(3) TxDOT Permit
Portions of the proposed storm drain line will be routed along South Riverside
Drive (Bus 287) which is controlled by TxDOT. Coordination with TxDOT will be
required to acquire a Utility Crossing Permit for the new storm drain.
ENGINEER will meet with TxDOT staff to review the project scope, participate in
field investigations, and will prepare plans, exhibits, and permit application forms
necessary to submit one (1) Utility Crossing Permit application. Preparation of a
traffic control plan is not included in this scope. If TxDOT requires traffic control
plans in order to acquire a permit, the ENGINEER will prepare a separate
10/14/04
EA 1-6
proposal and request supplemental authorization.
d. Storm Water Pollution Prevention Plan
Engineer will prepare a Storm Water Pollution Prevention Plan (SWPPP)
required for the project for use by the contractor during construction. The City of
Fort Worth's example will be used as a template. ENGINEER will prepare
drawings and details for the proposed SWPPP improvements. Contractor will be
responsible for filing the SWPPP with the appropriate regulatory agencies.
e. Preliminary Construction Plans
Preliminary plans and contract documents shall be submitted to CITY 60 days after
approval of Part B, Section 1 as follows:
1. Drainage area maps with drainage calculations and hydraulic
computations. Information shown on the plans will be consistent with Part
B, Paragraph 1.d. for proposed condition.
2. The ENGINEER shall deliver four (4) sets of preliminary construction
plans and contract documents to CITY for review. The documents will be
approximately 75% complete. Generally, plan sheets shall be organized
as follows:
Cover Sheet
Overall Layout
Plan & Profile Sheets
Preliminary project plan and profile sheets will show the following:
• Proposed storm sewer plan/profile
• Recommended pipe size(s)
• Recommended inlet and manhole locations
• Legal description (Lot & Block Nos. and Addition names)
along with property ownership
• Known existing utilities and utility easements
Standard Construction Details
Special Details (if applicable)
Proposed plan/profile sheets will conform to City of Fort Worth construction
legend. Adequate horizontal and vertical control shall be provided on the
plan sheets to locate all proposed and existing facilities. Legal descriptions
(Lot Nos., Block Nos., and Addition Names) along with property ownership
shall be provided on the plan view.
The ENGINEER shall submit a preliminary opinion of probable construction cost
with the preliminary plans submitted. ENGINEER shall assist the CITY in
selecting the feasible and/or economical solutions to be pursued as applicable.
f. Utility Clearance Phase
ME
10/14/04 EA1-7
The ENGINEER will consult with the CITY's Water Department, Department of
Engineering, and other CITY departments, public utilities, private utilities, private
utilities and government agencies to determine the approximate location of above
and underground utilities, and other facilities that have an impact or influence on the
project.
ENGINEER will design facilities to avoid or minimize conflicts with existing utilities.
Design of sanitary sewer, waterline, and private utility relocations are not included in
this scope of services.
The ENGINEER shall deliver a maximum of 16 sets of approved preliminary
construction plans to the CITY's Utility Coordinator for forwarding to all utility
companies with facilities within the limits of the project.
g. Review Meetings with City
The ENGINEER shall attend one (1) meeting with the CITY to discuss review
comments for preliminary submittal. The CITY shall direct the ENGINEER in writing to
proceed with Final Design.
h. Public Meetings
After the preliminary plans have been reviewed and approved by the City, the
ENGINEER shall prepare project exhibits, provide the City with database listing the
names and addresses of residents and businesses along the storm sewer
alignment, and attend one (1) public meeting to help explain the proposed project to
residents. Information provided to the CITY regarding residents and businesses
shall be limited to those adjacent to and directly affected by the proposed alignment.
The City shall mail the invitation letters.
The City will provide public notices concerning the meetings and will make all
arrangements for the meeting facility.
3.0 Final Engineering Plan Submittal
Final plans and specifications shall be submitted to City 30 days after approval of Part
B, Section 2.
One (1) set of bidding documents will be prepared.
ENGINEER shall submit final plans, specifications, and contract documents to CITY
(each sheet shall be stamped, dated, and signed by the ENGINEER) for final approval.
Within 15 days of CITY's final approval, ENGINEER shall submit two (2) sets of plans
and construction contract documents. Plan sets shall be submitted for CITY approval
and signature.
a. Contract Documents
(1) Final Construction Plans will be based on the approved review comments from
the Preliminary Plans. The following plan sheets are anticipated: , N�
10/14/04 p
EA1-8 Ff. �":11-Hp MKII.
Cover Sheet
Plan Layout Sheets
General Construction Notes
Horizontal & Vertical Control Sheets
Property Ownership
Drainage Area Map
Inlet Computations
Outfall Site Plan / Details
Storm Sewer P&P Sheets (1"=40')
SW3P Plans & Details
Storm Sewer Details
Not included: Street Replacement plans, traffic control plans, utility relocation
plans
(2) Special Contract Documents
The ENGINEER will prepare Special Contract Documents for the project
containing the Invitation to Bid, Bid Proposal, M/WBE Documents, Agreement,
General & Special Conditions, Supplemental Conditions, and Technical
Specifications.
b. Engineer's Opinion of Probable Construction Cost
The ENGINEER shall submit a final opinion of probable construction cost with the final
plans submitted.
PART C. PRE-CONSTRUCTION ASSISTANCE
ENGINEER will provide these services for one (1) construction project.
1.0 Furnish Contract Documents for Bidding
The ENGINEER will furnish fifty (50) sets of the full-size final approved, signed, and
dated Contract Documents for the purpose of obtaining bids. Documents will be
delivered to the CITY for distribution to potential bidders.
2.0 Bidding Phase Services
The ENGINEER shall assist the CITY during this phase including preparation and delivery
of any additional addenda prior to bid opening to plan holders and respond to questions
submitted to DOE by prospective bidders.
The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The
ENGINEER shall attend the project bid opening, develop bid tabulations inrn_462
electronic format and return four (4) copies of the bid tabulation, along with10/14/04 EA1-9
documents to the City within three (3) working days after bid openings.
No pre-bid conference is anticipated and not included in this scope.
PART D. CONSTRUCTION ASSISTANCE
No construction assistance is included in this contract.
10/14/04
EA1-10
ATTACHMENT B
COMPENSATION AND SCHEDULE
Project No. 00092
2004 CIP Ryan Southeast Drainage Improvements
I. COMPENSATION
A. The ENGINEER shall be compensated a lump sum fee of$96,784 for
Engineering Services as summarized on Exhibit "B-3". Payment of the 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. Partial payment shall be made monthly as stipulated on Exhibit "B-1" upon
receipt of an invoice from the ENGINEER, prepared from the books and
records of the ENGINEER. Each invoice is to be verified as to its accuracy
and compliance with the terms of this contract by an officer of the
ENGINEER. Payment according to statements will be subject to certification
by the Director of Engineering Department or his authorized representative
that such work has been performed.
II. SCHEDULE
A. Hydraulic modeling and conceptual design work will be completed within 30
calendar days after "Notice to Proceed".
B. Preliminary plans will be completed within 60 calendar days after completion
and City approval of conceptual design information.
C. Final plans and contract documents will be completed within 30 calendar days
after City approval of Preliminary Plans.
10/13/2004
EXHIBIT "B-1"
METHOD OF PAYMENT
(SUPPLEMENT TO ATTACHMENT B)
Project No. 00092
2004 CIP Ryan Southeast Drainage Improvements
I. METHOD OF PAYMENTS
Partial payment shall be made to the Engineer monthly upon City's approval of an
invoice from the Engineer outlining the estimated current percent complete of the total
prof ect.
The aggregate of such monthly fee payments shall not exceed the following:
A. Until satisfactory completion of Exhibit A-1, Conceptual Engineering Plan
Submittal, and approval by the City, a sum not to exceed 30 percent of the
total lump sum fee.
B. Until satisfactory completion of Exhibit A-1, Preliminary Construction Plan
Submittal, and approval by the City, a sum not to exceed 60 percent of the
total lump sum fee.
C. Until satisfactory completion of Exhibit A-1, Final Construction Plan
Submittal, and approval by the City, a sum not to exceed 90 percent of the
total lump sum fee.
D. The balance of the fee shall be payable after the pre-construction meeting for
the Project has been conducted.
II. PROGRESS REPORT
A. The ENNGINEER shall submit to the designated representative of the Director
of the Department of Engineering monthly progress reports covering all
phases of the project by the 15`h of every month in the format required by the
City.
B. If the ENGINEER determines in the course of making design drawings that
the construction cost estimate of$741,310 (See Exhibit B-4A) will be
exceeded whether by change in scope of the project, increased costs or other
conditions, the ENGINEER shall immediately report such fact to the City's
Director of the Department of Engineering and, if so instructed by the
Director of the Engineering Department, shall suspend all work hereunder.
EBl-1
10/13/2004
EXHIBIT "B-2"
HOURLY RATE SCHEDULE
(SUPPLEMENT TO ATTACHMENT B)
Project No. 00092
2004 CIP Ryan Southeast Drainage Improvements
CATEGORY Billing Rate Ranges*
Principal $150 - $190
Project Manager $100 - $160
Project Engineer $ 78 - $130
Senior Technician $ 55 - $125
Clerical $ 45 - $75
*The above billing rates are based upon "Salary Cost" times a multiplier
of 2.25. As used herein, the term "Salary Cost" shall be established
at 1.40 times "Direct Salary."
Effective January 1, 2003 to January 1, 2005. Hourly rates are subject to
revision after January 1, 2005.
w
EB2-1 10/13/2004
EXHIBIT B-3
(SUPPLEMENT TO ATTACHMENT B)
10/13/04
Project No.00092
2004 CIP Ryan Southeast Drainage Improvements
DESIGN FEE SUMMARY
ENGINEERING SERVICES
PHASE FEE FIRM MNVBE
BASIC SERVICES'
PRELIMINARY AND DESIGN PHASE SERVICES $ 50,409 TCB
TOTAL BASIC SERVICES $ 50,409
SPECIAL SERVICES'
DESIGN SURVEYS $ 16,400 GORRONDONA&ASSOC. YES
EASEMENTS $ 2,400 GORRONDONA&ASSOC, YES
SUE QL"B" $ 5,000 GORRONDONA&ASSOC. YES
HYDRAULIC MODELING $ 7,500 TCB
ANTIQUITIES PERMIT $ 500 TCB
SWPPP $ 3,030 TCB
PUBLIC MEETING(S) $ 2,700 TCB
TXDOT PERMIT $ 1,000 TCB
MONTHLY PROGRESS MEETINGS/REPORTS $ 2,500 TCB
REPRODUCTION $ 2,965 TCB
TOTAL SPECIAL SERVICES $ 43,995
FROM TSPE CURVE A-SEE EXHIBIT B-4A FOR DETAILED BREAKDOWN
'SEE EXHIBIT B-48 FOR DETAILED BREAKDOWN
SUBTOTAL $ 94,404
10%MARK-UP FOR SUBCONTRACTORS $ 2,380
TOTAL ENGINEERING FEE $ 96,784
M/WBE ENGINEERING SERVICES
FIRM %MNVBE
GORRONDONA&ASSOCIATES, INC. 22.1%
TOTAL%M/WBE 22.1% $ 21,900
CITY'S M/WBE GOAL 18.0% $ 17,421
SUMMARY OF TOTAL FEE
SERVICE DESCRIPTION DRAINAGE TOTAL
Engineering Desi n $50,409 $50,409
Surveying Services $18,800 $18.800
Additional Services $27,575 $27,575
TOTAL $96,784 $96,784
TOTAL DRAINAGE FEE(LESS SURVEY FEE)BREAKDOWN BY CONCEPT, PRELIMINARY AND FINAL DESIGN
a. Concept(30%)=(Total Fee-Survey Fee)x(0.3)= $23,395
b. Preliminary(60%)=(Total Fee-Survey Fee)x(0.6)_ $46,791
c. Final(10%)=(Total Fee-Survey Fee)x(0.1)_ $7,798
$77,984
3 SEE EXHIBIT B-2 FOR TCB HOURLY FEE SCHEDULE g
EXHIBIT B-3A
(SUPPLEMENT TO ATTACHMENT B)
Project No.00092 10113/04
2004 CIP Ryan Southeast Drainage Improvements
SPECIAL SERVICES
Project Project Project EIT/Senior � Clerical]
�I 1
TASK LISTING Director Manager En meer Technician Technician Clerical L TOTAL
Hydraulic Modeling
Field Inspection 4 4 $840
ReviseXPSWMM 2 8 4 $1,540
Revise Rational Formula 1 8 4 2 $1,580
Size Improvements 1 1 8 14 1 $2,640
Prepare Internal Memo 2 $120
Attend Meetings 6 $780
Subtotal Hydraulic Modeling $7,500
SVVPPP
Prepare SVVPPP Documents 2 12 2 $1,540
Prepare SWPPP Plan Sheets 2 7 6 $1,490
Subtotal SWPPP $3,030
Public Meetings
Prepare Exhibits 1 4 14 $1,980
Attend Meeting 2 2 2 $720
Subtotal Public Meetings $2,700
Antiquities Permit
Prepare Request Letter&Exhibits to THC 2 3 $500
Subtotal Temporary Rights of Ent $500
TxDOT Permit
Preparation of Permit Alication 4 4 2 $1,000
Subtotal TxDOT Permit $1,000
Monthly Progress Meetings/Reports
Prepare for Meetings(3) 3 3 $720
Prepare Progress Reports 3 3 3 $720
Attend Meetings 3 4 5 $1,060
Subtotal Meetings/Reports $2,500
TOTAL HOURS 23 53
LABOR EXPENSE TOTALS $510 $2,990 $5,860 $6,595 1 $795 $480 $17,230
TC&B NON-LABOR ESTIMATE
Plotting
Reproduction Sluelines $2,195
Reproduction(Specifications) $500
Deliveries
Postage
Mileage
Computer Use
Administrative 10.00% $270
NON-LABOR TOTAL $2,965
SUBCONTRACTOR SERVICES
Labor&
Subcontractor 117rask Expense
Gorrondona&Associates,Inc. Desi n Surveys $16,400
Gorrondona&Associates,Inc. Easements $2,400
Gorrondona&Associates,Inc. SUE $5,000
10%Maqtujp for Subcontractors 10.00%1 $2,380
TOTALS $26,180
TOTAL ESTIMATE $46,375
Page 1 of 1
EXHIBIT B-4
(SUPPLEMENT TO ATTACHMENT B)
Project No. 00092
2004 CIP Ryan Southeast Drainage Improvements
PAY UNIT
ITEM QTY UNIT ITEM DESCRIPTION PRICE AMOUNT
1 2 EA PROJECT SIGN $ 445 $ 890
2 370 LF REMOVE STORM DRAIN PIPE $ 15 $ 5,550
3 8 EA 10'INLET $ 2,470 $ 19,760
4 1030 LF 24"RCP $ 75 $ 77,250
5 285 LF 30"RCP $ 79 $ 22,520
6 1385 LF 36"RCP $ 107 $ 148,200
7 685 LF 48"RCP $ 200 $ 137,000
8 155 LF 60"RCP $ 230 $ 35,650
9 8260 CY TRENCH EXCAVATION AND BACKFILL $ 5 $ 41,300
10 3540 LF TRENCH EXCAVATION SAFETY PROTECTION FOR DRAINAGE $ 2 $ 5,310
11 1 LS MISCELLANEOUS UTILITY ADJUSTMENT $ 10,000 $ 10,000
12 3440 LF PERMANENT HMAC PAVEMENT REPAIR $ 35 $ 120,400
13 100 LF PERMANENT CONCRETE PAVEMENT REPAIR $ 50 $ 5,000
14 2 EA IREMOVE EXISTING MANHOLE $ 500 $ 1,000
15 6 EA 4'X4' STORM DRAIN JUNCTION BOX $ 3,015 $ 18,090
16 2 EA HEADWALL $ 10,000 $ 20,000
17 1 LS RIP RAP AT DRAINAGE CHANNEL $ 6,000 $ 6,000
Subtotal $ 673,920
Contingency (10%) 1 $ 671,390
TOTAL $ 741,310
$ 741,310 Total Opinion of Probable Cost
8.00% TSPE Curve A
$ 59,305 100% Total TSPS Curve Fee
$ 50,409 85% Preliminary and Design Phase
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ATTACHMENT C
AMENDMENTS TO STANDARD CONTRACT
AND
GENERAL SCOPE OF SERVICES
Project No. 00092
2004 CIP Ryan Southeast Drainage Improvements
None
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Home I Council Agenda M&C I Employee Diwectory I Morning Report I Ads I PRS I IT Online I Departments I Site Map
Print M&C
COUNCIL ACTION: Approved on 12/21/2004
DATE: 12/21/2004 REFERENCE NO.: "C-20451 LOG NAME: 30CIPRYANSE
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of Engineering Agreement with Turner Collie & Braden, Inc. for Ryan
Southeast Drainage Improvements
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Turner Collie & Braden, Inc. in the amount of$96,784 for the Ryan Southeast Drainage Improvements
project.
DISCUSSION:
The 2004 Capital Improvement Program (CIP) includes funds for drainage improvements for Ryan Southeast.
The scope of the project consists of the preparation of plans and specifications for the installation of a storm
drain system on Cantey Street from Yuma Avenue to Riverside Drive, Riverside Drive from Cantey Street to
Colvin Avenue and Judd Street from Riverside Drive to Cobb Park.
Turner Collie & Braden, Inc. proposes to perform the necessary design work for a lump sum fee of$96,784.
City staff considers this fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount, $15,840 is required for project management by the Engineering
Department.
Turner Collie & Braden, Inc. is in compliance with the City's M/WBE Ordinance by committing to 25% M/WBE
participation. The City's goal on the project is 18%.
This project is located in COUNCIL DISTRICT 8, Mapsco 77U and V.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Street Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C200 531200 208280009231 $23.395.00
C200 531200 208280009232 S46.791.00
http://www.cfwnet.org/council_packet/mc review.asp?ID=3059&councildate==12/21/2004 CIrf SMM64
ragC� ui �
C200 531200 208280009233 $7,798.00
C200 531200 208280009251 $18.800.00
Submitted for City Manager's Office byMarc Ott (8476)
Originating Department Head: A. Douglas Rademaker(6157)
Additional Information Contact: A. Douglas Rademaker(6157)
ATTACHMENTS
http://www.cfwnet.org/council_packet/mc_review.asp?ID=3059&councildate=12/21/2004 I�yq 4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/21/2004
DATE: Tuesday, December 21, 2004
LOG NAME: 30CIPRYANSE REFERENCE NO.: **C-20451
SUBJECT:
Authorize Execution of Engineering Agreement with Turner Collie & Braden, Inc. for Ryan Southeast
Drainage Improvements
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Turner Collie & Braden, Inc. in the amount of $96,784 for the Ryan Southeast Drainage Improvements
project.
DISCUSSION:
The 2004 Capital Improvement Program (CIP) includes funds for drainage improvements for Ryan
Southeast.
The scope of the project consists of the preparation of plans and specifications for the installation of a storm
drain system on Cantey Street from Yuma Avenue to Riverside Drive, Riverside Drive from Cantey Street to
Colvin Avenue and Judd Street from Riverside Drive to Cobb Park.
Turner Collie & Braden, Inc. proposes to perform the necessary design work for a lump sum fee of$96,784.
City staff considers this fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount, $15,840 is required for project management by the Engineering
Department.
Turner Collie & Braden, Inc. is in compliance with the City's MM/BE Ordinance by committing to 25%
M/WBE participation. The City's goal on the project is 18%.
This project is located in COUNCIL DISTRICT 8, Mapsco 77U and V.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Street Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C200 531200 208280009231 $23.395.00
C200 531200 208280009232 $46,791.00
T nannme• 10C'TPR V ANRF. pnaa 1 of')
C200 531200 208280009233 $7,798.00
C200 531200 208280009251 $18.800.00
Submitted for City Manager's Office by_ Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
i,nanome- 30C.IPRYANSR PA OA I of