HomeMy WebLinkAboutContract 26471 CITY SECRETARY
CITY OF FORT WORTH, TEXAS CONTRACT NO.
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Halff Associates,
Inc. (the "ENGINEER"), for a PROJECT generally described as: Sanitary Sewer Main 452
Extension located in north Fort Worth, DOE No.3237. Project includes approximately 19,000 liner
feet of sanitary sewer from near Basswood to just north of the Interstate 35W/State Highway 287
interchange
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) Monthly invoices will be issued by the ENGINEER for all work performed
under this AGREEMENT. Invoices are due and payable within 30 days of
receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make paymentin full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving seven (7) days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of
suspension of services, the ENGINEER shall have no liability to CITY for
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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 AttachmentC.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work
to be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY,which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described 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 debited and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If, for any reason, the ENGINEER should
make an on-site observation(s), on the basis of such on-site observations, if
any, the ENGINEER shall endeavor to keep the CITY informed of any
deviation from the Contract Documents coming to the actual notice of
ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or.equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2). In ,providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or qualify of performance by third parties; quali , ' e_mgriggement,
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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 wll
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 corstruction 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 CITYand
the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exert 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. 11923, the City has goals for.the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. Any misrepresentation of facts
(other than a negligent misrepresentation) and/or the commission of fraud by the
Engineer may result in the termination of this agreement and debarment from
participating in City contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to conduct audits in
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compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under
the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that
the CITY shall have access during normal working hours to all
subconsultant facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions of
this article together with subsection(3)hereof. CITY shall give subconsultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photo copy such documents as
may be requested by the CITY. The CITY agrees to reimburse ENGINEER
for the cost of copies at the rate published in the Texas Administrative Code
in effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting policies
of the following coverage at minimum limits which are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 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
(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.
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(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 averages
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, nor renewal or
material change in coverage shall be provided to the CITY. A ten
(10) days notice shall be acceptable in the event of non-payment of
premium. Such terms shall be endorsed onto ENGINEER's
insurance policies. Notice shall be sent to the respective
Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do bLsiness in the
state of Texas or be otherwise approved by the CITY; and, such
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(f) Deductible limits, or self insured retentions, affecting insurance
required herein may be acceptable to the CITY at its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit
may also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(1) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless such are approved by the CITY.
Q) The Professional Liability insurance policy, if written on a claims
made basis shall be maintained by the ENGINEER for a minimum
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. 11
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(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of ENGINEER's
overhead.
(1) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
insurance coverage is maintained by subconsultants, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure n
writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships with abutting property cities. The
ENGINEER further acknowledges that it will make disclosure in writing of any
conflicts of interest which develop subsequent to the signing of this contract and
prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities-Design Changes
If permitting authorities require design changes so as to comply wits 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
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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 AttachmentC.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local,
state, or federal authorities; and land, easements, rights-of-way, and access
necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions
required by the CITY in a timely manner in accordance wish the project schedule in
Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
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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
contractors negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials suppliers
on the PROJECT, or their sureties, shall maintain no direct action
against the ENGINEER, its officers, employees, and subcontractors,
for any claim arising out of, in connection with, or resulting from the
engineering services performed. Only the CITY will be the
beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in AttachmentC.
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 ClWs sole risk. The final designs, drawings, specifications and documents
shall be owned by the CITY.
C. Force Majeure
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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 correctionof
such nonperformance with five (5) days of written notice and diligently
complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b) Out-of-pocket expenses for purchasing storage containers,
microfilm, electronic data files, and other data storage supplies or
services;
c) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit
to the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
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F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in
connection with the PROJECT.
(2) If the 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 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 mixonduct or
gross negligence for limitations of liability and sole negligence for indemnification.
Parties means the CITY and the ENGINEER, and their officers, employees, agents,
and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is ursuccessful, 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
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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 AGREEMENTare 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 VIA. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way affect
this AGREEMENT and the work hereunder, and shall observe and comply with all
orders, laws ordinances and regulations which may exist or may be enacted later
by governing bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to
defend, indemnify and hold harmless CITY and all of its officers, agents and
employees from and against all claims or liability arising out of the violation of any
such order, law, ordinance, or regulation, whether it be by itself or its employees.
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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
ATTEST: CITY OF FORT WORTH n
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Gloria Pearson ��� -� h_ ) Mike Groomer
AS-1 City Secretary Assistant City Manager
APPROVED
A. Douglas Rademaker, P.E.
Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
Halff Associates, Inc.
ENGINEER
By:
Assistant City Attorney Troy Ly ovel , P.E.
Vice Pr ident
A:\EPA �(C-- /-
Contract Authorization
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ATTACHMENT"A"
General Scope of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in the supplemental Scope of Services. In cases of conflict between the
Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of
Services shall have precedence over the General Scope of Services."
GENERAL
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the
City regarding the scope of project so that the plans and specificatons which are to be
developed hereunder by the Engineer will result in providing facilities which are economical
in design and conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be necessary
for the design of the proposed street, and storm drain and/or water and wastewater facili
ties/improvements. It shall be the Engineer's duty hereunder to secure necessary
information from such outside agencies, to meet their requirements.
3) Geotechnical Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations that
may be needed. In the event it is determined necessary to makeborings 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 oNn cost and expense, unless such changes
are required due to changes in the design of the facilities made by the permitting authority.
If such changes are required, the Engineer shall notify the City and an amendment to the
contract shall be made if the Engineer incurs additional cost. If there are unavoidable
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delays, a mutually agreeable and reasonable time extension shall be negotiated.
6) Plan Submittal
Copies of the original plans shall be provided on reprodudble 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 pr(*ct
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 Cty 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�c-RL P,,E0aPDD
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-2- a
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 streettstorm 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 spedfications 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 crostruction 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 fedaal 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.
I�-�1 tl �r e •
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 substitLtion 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 equpment 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, equpment, 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.
II Uo V'.���luCug uISUVo
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.
CDMCIUMVIN
EXHIBIT"A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT"A")
PHASE I -DESIGN SERVICES: MAIN 452 SANITARY SEWER IMPROVEMENTS
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
"A". Work under this attachment includes engineering services for sanitary sewer improvements
for the following:
Main 452 Sanitary Sewer Improvements consisting of the extension of approximately
19,000 linear feet of 24" and 15"sanitary sewer located in north FortWorth.
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: -
PART A-CONCEPTUAL DESIGN
1. Initial Data Collection
a. Pre-Design Coordination Meetings
ENGINEER will attend and document meetings, as required, to discuss and
coordinate various aspects of the project and to ensure that the project stays on
schedule. For purposes of establishing a level of comfort, two (2) meetings are
anticipated. These include the following:
One (1) pre-design kick-off meeting, (including the CITY's Department of
Engineering and other departments that are impacted by the project).
One (1) review meeting at completion of the City's review of the conceptual
engineering plans.
b. Data Collection
In addition to data obtained from the City, ENGNEER will research and make
efforts 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; utilities, City Master plans, property
ownership as available from the Tax Assessor's office.
C. Coordination with Other Agencies
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During the concept phase the ENGINEER shall coordinate with all utilities, ncluding
utilities owned by the City, TOOT and railroads. These entities shall also be
contacted if applicable, to determine plans for any proposed facilities or adjustment
to existing facilities within the project limits. The information obtained shall ke
shown on the concept plans. The ENGINEER shall show the location of the
proposed utility lines, existing utility lines and any adjustments and/or relocation of
the existing lines within the project limits. ENGINEER shall complete all forms
necessary for City to obtain permit letters from TOOT and railroads and submit
such forms to the City. City shall be responsible for forwarding the forms to the
affected agencies for execution.
2. Monthly Progress Report
The ENGINEER shall submit a progress schedule after the design contract is fully
executed. The schedule shall be updated and submitted to the CITY along with monthly
progress report as required under Attachment B of the contract.
3. Corps of Engineers Section 404 Permit
a. Wetland Delineation — Utilize available topographic maps, aerial photos, soil
survey, etc to develop a base map of the project area. Identify and map hydric soils
specific vegetation communities, 100-year flood plain and wetlands. Compile
information to base map. Conduct site observations and coordinate with Corps of
Engineers. Prepare a wetland delineation map.
b. Section 404 Nationwide 12 Permit — Prepare documentation for Nationwide 12
Permit. Coordinate with Corps of Engineers.
4. Archaeological Survey(if necessary)
a. Secure Archaeological Survey permit from the Texas Historical Commission
b. Conduct records search to determine if cultural resources have been recorded in
the vicinity of the proposed project.
C. Conduct on-the-ground pedestrian survey of the pipeline route. Conduct about 30
shovel tests along the route. Artifacts recovered from these excavations will be
analyzed and prepared for permanent curation.
d. Prepare a written report to be submitted to the Texas Historical Commission (THC).
Revise the report, if necessary, following review by he THC and City of Fort Worth.
Submit 20 copies of the final report to the THC and 3 copies to the City of Fort
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Worth.
5. Geotechnicallnvestigtion
a. Field Investigation—Conduct twenty-five (25) boring to an average depth of about
15 feet. The location and depth will be determined based on the City approved
alignment.
b. Laboratory Investigation — Evaluate soil engineering properties and physical
properties of the soil. Classify soils according to the Unified Soil Classification
using classification tests. These tests will include natural moisture content, dry unit
weights, and the liquid and plastic limits. The undrained sheer strengths of
cohesive soils will be determined by hand penometer tests, and confirmed with
unconfined compressive strength testing. Corrosion potential will also be
evaluated.
C. Engineering Analysis — Document the results of the field and laboratory work.
Provide engineering recommendations for design and construction of proposed
pipeline.
PART B-CONSTRUCTION PLANS AND SPECIFICATIONS
1. Surveys for Design
Information gathered during the survey shall include topographic data, elevations of all
known sanitary and adjacent storm sewers, rim/invert elevations, location of known buried
utilities, structures, and other features relevant to the final plan sheets. A base plan of
topographic mapping and supplemental survey data shall be compiled at 1"=40' horizontal
and 1"=4'vertical scale. ENGINEER will coordinate the following:
a. Permission from affected property owners to survey through private property.
b. Aerial photography for two-foot interval topographic mapping of a 1,000 feet wide
corridor along the proposed sanitary sewer alignment.
C. Field surveys to: establish horizontal and vertical control (using aerial control
datum), set vertical benchmarks (reference City monumentation) along for project
alignment, conduct topographic design surveys to supplement aerial topography (if
necessary), stake proposed sanitary sewer centerline at all PI's, PC's, and PT's_
and at 500' intervals, and provide centerline profile at 200' intervals and at major
grade breaks to verify aerial topography.
�"�C01
U'� 1
d. Property deed research to obtain available copies of deeds and plats for affected
properties.
e. Property survey to locate the Interstate 35W ROW and properly comers. A
property map (deed sketch) shall be prepared showing property lines and
identifying property owners of affected parcels of land.
2. Conceptual Engineering Plan Submittal
a. Conceptual plans shall be submitted to City 21 calendar days (or 15 waking days)
after Notice to Proceed Letter is issued.
b. The ENGINEER shall perform conceptual design of the proposed improvements
and fumish four (4) copies of the Concept Engineering Plan, which includes the,_ --
alignment, flow requirements, preliminary right-of-way needs and cost estimate for
the ENGINEER's recommended plan. The Concept plan shall be prepared utilizing
available aerial photographs and the Tarrant Appraisal District's property map.
Following approval of the alignment, the ENGINEER shall perform remaining field
surveys required for final design of selected route. The ENGINEER shall also
evaluate the phasing of the sanitary sewer work, and shall submit such evaluation
in writing to the City as a part of the concept phase of the project. All designshall be
in conformance with Fort Worth Water Department policy and procedure for
processing water and sewer design. ENGINEER shall review the City's water and
sewer master plan and provide a summary of findings pertaining to the proposed
project.
3. Preliminary Construction Plans
Upon approval of Part B, Section 2, ENGINEER will prepare preliminary construction plans
as follows:
a. Overall sanitary sewer layout sheets and an overall easement layout sheet(s)
b. Preliminary project plans and profile sheets, utilizing 2' interval topographic
mapping, which show the following: Proposed sanitary sewer plan/profile and
recommended pipe size, manholes, aerial crossings, and all pertinent information
needed to construct the project. Legal description (Lot Nos., Block Nos., and
Addition Names) along with property ownership shall be provided on the plan view.
C. For sewer lines, pipelines schedule for point repairs, rehabilitation and replacement
will be located on the base sheets prepared from survey,information gatherai
under Part B, Section 2. Conflicts shall be resolved where pipelines are to be
EA1-4 01 VF�CC:D A6 L GSE\U R�D
U
rehabilitated on the same line segment. Base sheets shall reference affected or
adjacent streets. Where open-cut construction is anticipated, below and above
ground utilities will be located and shown on the base sheets.
d. Existing utilities and utility easements will be shown on the plan and profile sheets.
ENGINEER will coordinate with utility companies and the City of Fort Worth to
determine if any future improvements are panned that may impact the project.
e. The ENGINEER shall conduct preliminary research for availability of existing
easements where open-cut construction or relocation of existing alignments is
probable. Temporary and permanent easements will be approximated based on
available information.
Legal descriptions and plot maps will be prepared on 8.5"x14" standard sheets for
all necessary temporary and permanent easements required for relief sewer
construction. Descriptions shall be prepared in standard format as directed by
DOE. Temporary and permanent easements shall be delineated on plan sheets.
Exhibits shall be prepared. Legal descriptions shall also be prepared if needed. A
total of nine (9) permanent easements and nine (9) temporary construction
easements are included. The CITY will secure easements and rights-of-entry
agreements as necessary.
f. The ENGINEER shall make provisions for reconnecting all water and/or
wastewater service lines which connect directly to any main being replaced,
including replacement of existing service lines within City rightof--way or utility
easement. When the existing alignment of a water and sanitary sewer main or
lateral is changed, provisions will be made in the final plans and/or specifications by
the ENGINEER to relocate all service lines which are connected to the existing
main and connect said service lines to the relocated main.
g. The ENGINEER will prepare standard and special detail sheets for water line
installation and sewer rehabilitation or replacement that are nct already included in
the D-Section of the City's specifications. These may include connection details
between various parts of the project, tunneling details, boring and jacking details,
waterline relocations, details unique to the construction of the prgect, trenchless
details, and special service lateral reconnections.
4. Preliminary Construction Plan Submittal
a. Preliminary plans and specifications shall be submitted to City 28 calendar days (or
20 working days) after approval of Part B, Section 2.
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V1 M7,.
b. The ENGINEER shall deliver twenty (20) sets of preliminary construction plans and
two (2) sets of specifications and contract documents to CITY for review and
delivery to utility companies. Generally, plan sheets shall be organized as follows:
Cover Sheet
Drainage Area Map and Computations
Easement layout (if applicable)
Plan & Profile Sheets
Standard Construction Details
Special Details (If applicable)
C. Review Meetings with City
The ENGINEER shall meet with CITY to discuss review comments fir preliminary
submittal. The CITY shall direct the ENGINEER in writing to proceed with Final
Design for Final Review.
d. Public Meeting (if necessary)
After the preliminary plans have been reviewed and approved by the City,
ENGINEER shall prepare exhibits along with an invitation letter and attend public
meeting to help explain the proposed project to residents. The CITY shall mail the
invitation letters.
e. The ENGINEER shall submit a preliminary estimate of probable construction cost
with the preliminary plans submitted. ENGINEER shall assist City in selecting the
feasible and/or economical solutions to be pursued.
5. Final Design and Final Review
a. Final Construction Documents shall be submitted to CITY 21 calendar days (or 15
working days) after approval of Part B, Section 4.
Following CITY approval of the recommended improvements, the ENGINEER shall
prepare final plains and specifications and contract documents to CITY (each sheet
shall be stamped, dated, and signed by the ENGINEER) and submit two (2)sets of
plans and construction contract documents within 15 days of.CITY's final approval.
Plan sets shall be used for Part C activities.
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b. ENGINEER's Estimate of Probable Construction Cost
The ENGINEER shall submit a final estimate of probable constriction cost with the
final plans submitted.
PART C- PRE-CONSTRUCTION ASSISTANCE
1. Administration
a. Deliver Bid Documents
The ENGINEER will make available for bidding, upon request by the CITY, up to
fifty-five (55) sets of the final approved and dated plans and specifications and
contract documents for the projects to the CITY for distribution topotential bidders.
EA1-7
`u'n,i �iiL'lih
EXHIBIT"A-2"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT A)
PHASE II -CONSTRUCTION SERVICES: MAIN 452 SANITARY SEWER
IMPROVEMENTS
PART A—CONSTRUCTION STAKING
ENGINEER'S SURVEYOR, if directed by the City, will set control points (i.e. tie survey
to permanent monument such as TPW monuments and/or property comers, one location
each an beginning and end of project) for the project, these points must be intervisible.
ENGINEER'S SURVEYOR shall establish a minimum of two bench marks per plan
sheet (bench marks shall be located adjacent to project) and shall provide the following
,construction staking services.
1. EASEMENT STAKING: Provide an offset stake at 100 ft. intervals (50 ft.
intervals in curves, if required) along the proposed easements and property lines,
where applicable.
2. SANITARY SEWER STAKING: Provide an offset stake at 100 ft. intervals (50 ft.
intervals in curves, if required) and at proposed manholes, points of curvature,
points of tangent, and at all horizontal or vertical angle points, with a cut/fill to top
of proposed manholes. Provide centerline elevation at 100' intervals and at all
grade breaks in the natural ground for construction purposes and for as-built
purposes. Provide location for proposed services for construction purposes and
for as-built purposes (for new services only). Stake easements and property
line where applicable. Line and grade shall be set to a tolerance of+/-0.01 ft.
3. "AS-STAKED RECORD OF THE CONSTRUCTION: Throughout the process of
all construction, locate and record known items that do not conform with the
construction plans. If additional survey work is required, beyond the initial
construction staking, the engineer's surveyor shall provide the additional work at
an hourly rate of$110 per hour for field crew. A drawing of the project layout
with the dimension and coordinate list must be submitted. Contact Keviri
Hansen, Survey Division, (817) 871-8880, for a copy of sample field notes that
must be submitted. The contractor will not be allowed to proceed until all field
notes have been submitted to the City inspector. The field notes must include
the following information:
a. For sanitary sewer mains, laterals and server services: Pipe size and
type, percent of grade of sewer laterals, manhole locations, ties to
property line including north/south and east/wet lines, P.C.'s, P.T.'s of
P.R.C.'s, top of ground elevation and flowline elevation of each station
number referenced. Cut fill documentation.
4. COORDINTION WITH CITY INSPECTOR/CONTRACTOR: Engineer's surveyor
is expected to work with contractor to provide any special requests contractor
may have, provided the scope of work described above is not exceeded. It is
expected that a few stakes will be knocked out during dirt work. If additional re-;,�
staking is required, the engineer's surveyor shall provide the additional work at
EA2-1 YEN,,
an hourly rate of$110 per hour for field crew. The contractor shall be
responsible for paying the engineer's surveyor for this additional work.
5. SPECIAL CONDITIONS:
a. The Inspector assigned to the project shall oversee all construction
staking activity and shall be responsible for all field coordination. All
documentation, including field notes, cut and fill notes, grades, "as-
staked" information, etc., shall be provided to the Inspector and shall be
sealed and signed by a surveyor licensed in the State of Texas.
b. The Engineer's Surveyor shall attend the pre-construction conference.
C. The Engineer's Surveyor shall stake each utility separately and (if
necessary) provide construction staking in phases so the project can be
constructed as designed.
d. A member of the Engineer's Firm, familiar with the project, shall be
available to respond to question f from the field during construction
staking.
PART B - PROJECT MANAGEMENT AND ADMINISTRATION SERVICES
1. BIDDING ASSISTANCE: Assist the CITY during phase including preparation and
delivery of addenda to plan holders and responses to questions submitted to the
DOE by prospective bidders. Engineer shall attend the scheduled pre-bid
conference. The ENGINEER shall assist in reviewing the bids for completeness
and accuracy. The ENGINEER shall attend the project bid opening develop bid
tabulations and submit four(4) copies of the bid tabulation.
2. ASSISTANCE DURING CONSTRUCTION: Attend the pre-construction
conference for the project. The ENGINEER shall also consult with and advise the
CITY on design and/or construction changes, if necessary.
3. GENERAL ADMINISTRATION: Perforin general.• administrative duties
associated with the project, including project progress monitoring, general
correspondence, office administration, and invoicing. Theses activities include
maintaining day-to-day contact and liaison with Owner, agencies, design
consultants, and project staff; ensuring that the needs of Owner are met in a
timely manner; providing project communications; monitoring work on the
Project; and ensuring that work is executed in accordance with the work plan,
within budget, and on schedule.
4. PROJECT RECORDS: Maintain the necessary project records, reports,
manuals, calculations, and technical data. Maintain records of financial
management data, schedules, reports, and analyses of the project.
� L
a. Briefings. Provide weekly briefings with Owner and/or design engineers to
report on progress and status, and to discuss solutions to possible
EA2-2
problems. Briefings may be in the form of written or verbal
communications.
b. Project Schedule. Prepare a consolidated construction schedule for the
contract, based on detailed schedules provided by contractor. The
consolidated project schedule will be tracked and monthly reports will be
presented to the Owner.
C. Project Costs. Prepare a construction cost report for the contractor, based
on planned versus actual pay estimates submitted by each contractor. In
addition, the contractor's invoices and payments for MBE firms will be
tracked in accordance with the Owner's MBE program.
5. CONSTRUCTION PROGRESS MEETINGS: Attend and conduct monthly
progress meetings with contractor during the construction period. Prepare
meeting agendas and distribute meeting minutes.
6. SHOP DRAWING REVIEW: Review shop drawings submitted by contractor for
compliance with the contract documents.
PART C -ONSITE CONSTRUCTION SERVICES
1. Resident Representatives. Engineer will furnish Resident Project
Representatives for a 125 calendar day or 90 working day continuous
construction period. The Resident Project Representatives will observe the
Contractor's work approximately three hours per each working day. The Resident
Project Representatives shall not have responsibility for the Contractor's
superintendence, safety, operation, equipment, or personnel. This service will in
no way relieve the Contractor's obligation for complete compliance with the
drawings, specifications and Site Safety Plan. Specific services performed by the
Resident Project Representatives are as follows:
a. Site Observation and Liaison with Owner and Contractors.
(1) Conduct onsite observations of the general progress of the work
to assist design engineer and Owner in determining if the work is
proceeding in accordance with the construction contract
documents.
(2) Serve as Owner's liaison during Construction, working principally
through the Contractor's superintendent, and providing
interpretation of the construction contract documents. Transmit
design engineer's clarifications and interpretations of the
construction contract documents to the Contractor when
warranted. _
(3) Serve as Owner's liaison with the Contractor when the
Contractor's operations affect Owner's onsite operation.
(4) As requested by Owner, assist in obtaining from design engineer_
additional details or information when required at the jobsite for AP
proper execution of the work >zo
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(5) Report to Owner and design engineer, giving opinions and
suggestions based on the Resident Project Representative's
observations regarding defects or deficiencies in the Contractor's
work and relating to compliance with drawings, specifications, and
design concepts.
(6) Advise design engineer and the Contractor or its superintendent
immediately of the commencement of any work requiring a shop
drawing or sample submission if the submission has not been
accepted by design engineer.
(7) Monitor changes of apparent integrity of the site (such as possible
differing subsurface and physical conditions, existing structures,
and site-related utilities when such utilities are exposed) resulting
from construction-related activities.
(8) Review the Contractor's construction sequence and traffic control
plans for construction work undertaken simultaneously.
(9) Verify that the Contractor has construction sequence and traffic
control plans for construction work undertaken simultaneously.
(10) Visually inspect materials, equipment, and supplies delivered to
the worksite. Reject materials, equipment, and supplies, which do
not conform to the construction contract documents.
(11) Coordinate and provide onsite materials testing services during
construction. Copies of testing results will be forwarded to Owner
and design engineer for review and information.
(12) Observe field tests of equipment, structures, and piping, and
review the resulting reports, commenting to design engineer, as
appropriate.
b. Meetings, Reports, and Document Review and Maintenance.
(1) Attend the preconstruction conference, and assist design engineer
in explaining administrative procedures, which will be followed
during construction.
(2) Schedule and attend monthly progress meetings, weekly briefings,
and other meetings with Owner, design engineer and the
Contractor when necessary, to review and discuss construction
inspection and quality control procedures, and other matters
concerning the project.
(3) Submit to Owner, with a copy to design engineer, monthly
constructions progress reports containing a summary of the
Contractor's progress, general condition of the w k, problems,V vU �D
and resolutions or proposed resolutions to proble
EA2-4
(4) Review the progress schedule, schedule of shop drawings
submissions, and schedule of values prepared by the Contractor,
and consult with design engineer concerning their acceptability.
(5) Report to design engineer and Owner regarding work which is
known to be defective, or which fails and required inspections,
test, or approvals, or has been damaged prior to final payment;
and advise design engineer and Owner whether the work should
be corrected or rejected, or should be uncovered for observations,
or requires special testing, inspection, or approval.
(6) Review applications for payment with the Contractor for
compliance with the established procedure for their submission,
and forward them with recommendations to Owner, noting
particularly their relation to the schedule of values, work
completed, and materials and equipment delivered at the site, but
not incorporated into the work.
(7) Record date of receipt of shop drawings and samples. Receive
samples which are fumished at the site by the Contractor, and
notify design engineer of their availability for examination.
(8) During the course of the work , verify that specified certificates,
and other data required to be assembled and fumished by the
Contractor are applicable to the items actually installed; and
deliver this material to design engineer for his review and
forwarding to Owner prior to final acceptance of the work.
(9) Maintain a marked set of drawings and specifications at the jobsite
based on data provided by the Contractor. This information along
with information from the records documents maintained by the
Contractor, will be forwarded to the design engineer.
(10) Review certificates of inspections, test and related approvals
submitted by the Contractor as required by laws, rules, _.
regulations, ordinances, codes, orders, or the Contract
Documents (but only to verify that their content complies with the
requirements of, and the results certified indicate compliance with,
the construction contract documents). This service is limited to a
review of items submitted by the Contractor and does not extend
to a determination of whether the Contractor has complied with all
legal requirements.
(11) Maintain the following documents.
a) Correspondence files.
b) Reports of jobsite conferences, meetings, and discussions
among the design engineer, Owner, and Contractor.
i a
c) Submittals of shop drawings and samples. - - -'
d) Reproductions of original construction contract documents.
EA2-5
e) Addenda.
f) Change Orders.
g) Field orders.
h) Additional drawings issued subsequent to execution of the
construction contract documents.
i) Progress reports and payment request.
j) Names, addresses, and telephone numbers of all contractors,
subcontractors, and major suppliers of materials and equipment.
(12) Maintain a daily diary or log book of events, including the
- - following information,: -
a) Days the Contractor worked on the jobsite.
b) Contractor and subcontractor personnel on jobsite.
c) Construction equipment on the jobsite.
d) Observed delays and causes.
e) Weather conditions.
f) Data relative to claims for extras or deductions.
g) Daily activities.
h) Observations pertaining to the progress of the work.
i) Materials received on jobsite.
Y)
The original diary or log book shall remain the property of
Engineer. A copy of the log book or diary shall be,provided to the -
City.
C. Assistance in Certification of Substantial Completion.
(1) Before design engineer issues a Certificate of Substantial
Completion, submit to the contractor a list of items observed to
require completion or corrected.
(2) Conduct final inspection in the company of Owner, design
engineer, and the Contractor, and prepare a final list of items to be
completed or corrected.
(3) Verify that all items on the final list have been completed or
corrected, and make recommendations to design engineer
concerning acceptance.
EA2-6
2. Outside QC Testing. Provide the following services through a subcontract (note,
Testing Services will provided on an hourly basis under a separate contract):
a. Materials testing of materials used by the Contractor in construction of the
work. Copies of the testing results will be forwarded to the Owner, design
engineer and Contractor for review and information. Advise the Owner,
design engineer and Contractor of any deficiencies in the Work revealed
by the testing.
PART D -SUPPLEMENTAL SERVICES
1 Any work requested by Owner that is not included in one of the items listed in
any other phase will be classified as supplemental services.
2 Supplemental services shall include, but are not limited to:
a. Providing Resident Project Representatives for more than the 125 calendar
day or 90 working day construction period that is currently anticipated.
b. Meetings held at a place outside the Dallas/Fort Worth metroplex with local,
State, or Federal agencies to discuss the project.
c. Special consultants or independent professional associates requested or
authorized by Owner.
d. Preparation for litigation, or other legal or administrative proceedings; and
appearances in court in connection with bid protests, change orders, or
construction incidents.
e. Provision, through a subcontract, of the services of a surveying company to
verify that the horizontal alignment of the pipelines is within the permanent
easement and that the pipeline grades for the gravity sewers are within
design tolerances.
f. Services resulting from significant delays, changes, or price increases caused
directly or indirectly by shortages of materials, equipment, or energy.
g. Additional or extended services during construction made necessary by (1)
work damaged by fire or other cause during construction, (2) a significant
amount of defective or neglected work by any Contractor, (3) acceleration of
the progress schedule involving service beyond normal working hours, (4)
default by any Contractor, and (5) failure of the Contractor to complete the
work within the construction contract time.
h. Evaluation of unusually complex or unreasonably numerous claims submitted
by Contractor or others in connection with the work above the amount
budgeted. �G�11D
11, C
EA2-7
EXHIBIT "A-3"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
EASEMENT ACQUISITION SERVICES: MAIN 452 SANITARY SEWER IMPROVEMENTS
1. Title Services
Request preliminary title commitment and review the commitment and survey to identify
ownership, encumbrances or issues which may affect or inhibit the ability to acquire
desired or clear title to the property or affect the Market Value.
2. Administration and Management Services
All documents, papers, letters or other materials subject to the provisions of-the Texas
Open Records Act shall be available for public access subsequent to receiving prior
written consent from the City. Maintain and provide monthly summaries of project status
and details on project expenses including amounts authorized, amounts paid and budget
forecasting. Maintain current status reports of all property and project activities.
3. Appraisal Services
Notify the property owner to provide telephone number and address of office. Explain the
appraisal process, the acquisition process and the anticipated schedule for the
procedures of the project. Coordinate with the outside appraiser.
4. Negotiation Services
Review the appraisal report, title commitment and survey of the property. Prepare
written correspondence consisting of the offer-to-purchase, survey, or description of the
property to be acquired and other required documents. The initial offer will be no less
than the approved fair market value as determined by the appraiser. Set a time to meet
with the owner to deliver the documents including the offer-to-purchase letter to the
owner or their representative and review the negotiation and closing processes.
Coordinate with the property owner or representative to forward any concerns to the City
for consideration. Responses to the property owner's concerns will be provided in a
timely manner to allow each owner to make an informed decision.
5. Closing $Title Curative Services
Prepare easement and memorandum of agreement for review by City and review and
execution by the owner. Provide two (2) sets of executed documents and files,for each
property, to the City. The City of Fort Worth shall attain all necessary releases and close
acquisition. riD
6. Eminent Domain:"Condemnation Support Services
Negotiate in "good faith" to avoid condemnation. In the event that condemnation is
necessary, send a Final Offer Letter to the owner(s) and request an updated title
commitment and appraisal (if necessary). When access to the property is critical to
maintain proposed construction timing, attempt to negotiate and obtain a right of
entry to the property. Complete the condemnation request package and attach
EA3-1
necessary documents and join all necessary parties in order to request the
condemnation of the parcel.
Appraiser, Negotiation Agent and/or expert witness services for condemnation
hearings are not included in the scope and fee. Such services, if required, will be
provided on an hourly basis under separate scope and fee. Also, updated
appraisals, which may be necessary for the condemnation process are not
included in the scope and fee.
EA3-2
ATTACHMENT "B"
COMPENSATION AND SCHEDULE
MAIN 452 SANITARY SEWER IMPROVEMENTS
I. Method of Payment
A. Design and Easement Acquisition Services
The Engineer shall be compensated a total lump sum fee of $255,125.
Payment of the total lump sum fee shall be considered full compensation
for the services described in Attachment "A" and Exhibit "A-1", Exhibit "A-
2" (Part A and Part B), and Exhibit "A-3° for all labor materials, supplies
and equipment necessary to complete the project.
The Engineer shall be paid monthly on the basis of statements prepared
from the books and records of account of the Engineer. An officer of the
ENGINEER shall verify the accuracy of each invoice submitted which shall
comply with the terms of the agreement.
The aggregate of such monthly payments shall not exceed the following:
1. Exhibit A-1 Design Services and Exhibit A-3 Easement Acquisition
Services
Until satisfactory completion of Exhibits A-1 and A-3, Phase I, Part A -
Conceptual Design hereunder, a sum not to exceed ten (10) percent of
the maximum fee.
Until satisfactory completion of Exhibits A-1 and A-3, Phase I, Part B -
Construction Plans and Specifications, Preliminary Plans, hereunder, a
sum not to exceed seventy (70) percent of the maximum fee, less
previous payments
Until satisfactory completion of Exhibits A-1 and A-3, Phase I, Part B -
Construction Plans and Specifications, Final Plans, hereunder, a sum
not to exceed ninety-five (95) percent of the maximum fee, less
previous payments.
The balance of the payments to be due and payable after the pre-
construction meeting for the project.
2. Exhibit A-2, Part A Construction Survey — Payment shall not exceed
the estimated percent of construction staked. The balance of the
payments to be due and payable after the construction staking is
complete. 1
Roy
c?
B-1 --
3. Exhibit A-2, Part B Construction Administration — Payment shall not
exceed the estimated percent of construction complete. The balance
of the payments to be due and payable after the final construction
inspection of the project.
B. Inspection Services
Payment for services described in Exhibit A-2, Part C will be based on
hours billed to the project for the period of construction.
Subcontractor cost shall be reimbursed at the actual cost plus 10%.
Payment for expenses, cost, and services as described in Exhibit A-2,
Part B shall not exceed $30,320 without written authorization due to
changes in scope of work.
Partial payment will be made monthly upon receipt of an invoice from the
Engineer, prepared from the books and record of the Engineer, outlining
the amount of hours worked by each employee, the employee's name and
classification, and the employee's salary rate along with itemized charges
for any subcontract and reproduction work performed during the period
covered by said invoice.
An officer of the ENGINEER shall verify the accuracy of each invoice
submitted which shall comply with the terms of the agreement.
II. Progress Report
A. The ENGINEER shall submit to the designated representative of the
Director of the Department of Engineering monthly progress reports
covering all phases of design by the 1 VI of every month in the format
required by the Director.
B. If the ENGINEER determines in the course of making design drawings
and specifications that the opinion of probable cost of $1,506,000 (as
estimated in Exhibit "B-4") will be exceeded, whether by change in the
scope of the project, increased cost or other conditions, the ENGINEER
shall immediately report such fact to the City's Director of the Department
of Engineering and, if so instructed by the Director of the Department of
Engineering shall suspend all work hereunder.
L�?ria
B-2
EXHIBIT B-3A
FEE SUMMARY
Main 452 Sanitary Sewer Improvements
Exhibit Scope of Services Fee M/WBE Percent
A-1 Sanitary Sewer Design $ 184,095 $ 51,865 28.2%
A-2, Part A Construction Survey $ 20,900 $ 19,000 90.9%
A-2, Part B Construction Administration $ 16,380 $ - 0.0%
A-2, Part C Construction Inspection $ 30,320 $ 27,560 90.9%
A-3 Easement Acquisition $ 33,750 $ 13,500 40.0%
TOTAL $ 285,445 $ 111,925 39.2%
Proposed M/WBE Sub-Consultants Services Fee % of Total
Gorrondona &Associates Surveying $ 29,900 10.5%
Gorrondona &Associates Easements $ 8,100 2.8%
Gorrondona &Associates Constr Staking $ 19,000 6.7%
Paragon Project Resources Constr. Inspection $ 27,560 9.7%
Terra Mar Geotechnical $ 9,450 3.3%
James Daniels &Associates, Inc. Appraisals $ 13,500 4.7%
Hugo Trevino and Associates Reproduction $ 4,415 1.5%
TOTAL $ 111,925 39.2%
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B-3A-1
EXHIBIT B-3B
FEE SUMMARY
Main 452 Sanitary Sewer Improvements
(Fees Based on Percentage of Construction Cost)
BASIC ENGINEERING DESIGN FEE
OPINION OF PROBABLE CONSTRUCTION COST: $ 1,506,000
TSPE Curve A 7.25%
Subtotal $ 109,200
- 15% Construction Inspection $ (16,380)
TOTAL BASIC FEE (Design) $ 92,820
SPECIAL SERVICES(HALFF ASSOCIATES)
Alignment/Flow Study $ 13,300
Wetland Delineation $ 5,000
Corps Section 404 Nationwide 12 Permit $ 4,000
TxDOT Permit and Coordination $ 1,000
Easement Acqusition Services (9 properties) $ 20,250
Subtotal $ 43,550
SPECIAL SERVICES(SUBCONSULTANT)
9 Property Appraisal Services(James Daniels) $ 13,500
Archeological Study(AR Consultants) $ 4,000
Aerial Topography (Metropolitan Aerial) $ 4,700
Property and 1-35W ROW Surveys(Gorrondona) $ 10,900
Control &Supplemental Design Surveys(Gorrondona) $ 19,000
9 Temp Construction Easements (Gorrondona) $ 900
9 Perm Easements (Gorrondona) $ 7,200
Geotechnical Investigation(Terra Mar) $ 9,450
Reproduction (Trevino) $ 4,415
Subtotal $ 74,065
10% Fee for Subconsultants $ 7,410
Subtotal $ 81,475
TOTAL BASIC AND SPECIAL SERVICES $ 217,845
CONSTRUCTION SERVICES
Construction Administration $ 16,380
Construction Staking (Gorrondona) $ 19,000
10% Fee for Subconsultant $ 1,900
Construction Inspection (Paragon) $ 27,560
10% Fee for Subconsultant $ 2,760
TOTAL CONSTRUCTION SERVICES FEE $ 67,600
GRAND TOTAL FEE $ 285,445
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B-36-1 Irf
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EXHIBIT B-3C
SURVEY AND MWBE FEE SUMMARY
(Survey, Geotechnical, Aprraisal, Reproduction)
Main 452 Sanitary Sewer Improvements
SURVEY FEE(GORRONDONA)
Supplemental Design Surveys $ 19,000
Property Surveys $ 10,900
Easements $ 8,100
Construction Staking $ 19,000
SUBTOTAL $ 57,000
10%fee for sub-consultant $ 5,700
TOTAL SURVEY FEE $ 62,700
GEOTECHNICAL FEE(TERR MAR)
Geotechnical Investigation $ 9,450
10%fee for sub-consultant $ 945
TOTAL GEOTECHNICAL FEE $ 10,395
APPRAISER FEE(JAMES DANIELS)
Appraisal 9 prop $1,500 per prop $ 13,500
10%fee for sub-consultant $ 1,350
TOTAL APPRAISAL FEE $ 14,850
REPRODUCTION FEE(HUGO TREVINO)
Preliminary Plans(30 total sheets) 16 sets $ 24.00 per set $ 380
Construction Plans(30 total sheets) 60 sets $ 24.00 per set $ 1,440
Mylar Reproduction (30 total sheets) 1 sets $ 495.00 per set $ 495
Specifications (60 sets) 60 sets $ 35.00 per set $ 2,100
SUBTOTAL $ 4,415
10%fee for sub-consultant $ 440
TOTAL REPRODUCTION FEE $ 4,855
CONSTR INSPECTION FEE(PARAGON)
Inspection (90 working days) $ 27,560
10%fee for sub-consultant $ 2,760
TOTAL APPRAISAL FEE $ 30,320
•-^ it
i
B-3C 1
EXHIBIT B-3D
CONSTRUCTION INSPECTION
ESTIMATED HOURS
Project: Main 452
Construction Inspection Services
TOTAL TOTAL
WORK TASK DESCRIPTION Inspector Clerical HOURS FEE
ONSITE CONSTR SERVICES
Resident Inspection(Paragon)
a. Site Observation($60 per hour) 360 3601 $ 21,600
b. Meeting,Reports&Document 27 27-$ 1,620
Subtotal 387 0 387 $ 23,220
DIRECT COSTS
Vehicle($750 per month) $ 3,375
Mobile Telephone($125 per month) $ 565
Reproduction&other Misc $ 400
Subtotal $ 4,340
Total (Paragon) $ 27,560
10%MWBE Subconsultant $ 2,760
GRAND TOTAL $ 30,320
Fee based on 125 calendar day(90 working day)construction schedule.
-la,
B-3D-1
EXHIBIT B-4
OPINION OF PROBABLE CONSTRUCTION COST
Item Description Qty Unit Price Subtotal Total
M-452 Sanitary Sewer Improvements
1 24" Sanitary Sewer 4,700 LF $ 45.00 $ 211,500
2 21" Sanitary Sewer 12,000 LF $ 40.00 $ 480,000
3 21"SS w/36" Casing Pipe BOTOC 300 LF $ 500.00 $ 150,000
4 15" Sanitary Sewer 1,900 LF $ 35.00 $ 66,500
5 Creek Crossings 3 EA $ 50,000.00 $ 150,000
6 Trench Safety System 18,600 LF $ 5.00 $ 93,000
7 Std. 5' Manhole to 6' Depth 6 EA $ 2,750.00 $ 16,500
8 Extra Depth for 5' Manhole>6' 40 VF $ 150.00 $ 6,000
9 Std. 4' Manhole to 6' Depth 28 EA $ 1,800.00 $ 50,400
10 Extra Depth for 4' Manhole>6' 170 VF $ 110.00 $ 18,700
9 Std. Manhole Insert 37 EA $ 120.00 $ 4,440
10 Concrete Collar 37 EA $ 220.00 $ 8,140
11 Vacuum Test of Manhole 36 EA $ 150.00 $ 5,400
12 Asphalt Pvmt Repair 50 LF $ 45.00 $ 2,250
13 Hydro Mulch Seeding 18,600 LF $ 2.50 $ 46,500
14 Crushed limestone for misc. placeme 50 CY $ 25.00 $ 1,250
15 Ballast stone for misc. placement 50 CY $ 25.00 $ 1,250
16 Class"B"Concrete 100 CY $ 50.00 $ 5,000
17 Class"E"Concrete 100 CY $ 50.00 $ 5,000
18 Post-const. television inspection 18,900 LF $ 2.50 $ 47,250
Subtotal $ 1,369,100
10%Contingency $ 136,900
GRAND TOTAL $ 1,506,000
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B-4
ATTACHMENT "C"
AMENDMENTS TO ARTICLES IV, V, AND VI AND ATTACHMENT "A"
Article IV.K.(2)(1):
Endorsements are noted on the Certificate of Insurance provided to the City for this
project.
Article IV.K.(2) (1):
Business automobile insurance is written on an accident basis.
Article VI.L., line 4:
Remove the following: "or may be enacted later"
Attachment A, Item 26:
Delete this Item, the Engineer will not prepare "record drawings"for this project.
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City of Fort Worth, Texas
4volffor And coun"'I communicaflon
DATE REFERENCE NUMBER LOG NAME PAGE
12/19/00 C-18404 30DELL 1 of 2
SUBJECT AWARD OF ENGINEERING AGREEMENT TO HALFF ASSOCIATES, INC. FOR
SANITARY SEWER M-452 EXTENSION
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Halff
Associates, Inc. in the amount of $285,445.00 for the extension of sanitary sewer M-452.
DISCUSSION:
The M-452 sanitary sewer basin is located in north Fort Worth in the area of the US287 and 1-35
interchange. The proposed sanitary sewer extension is required to meet anticipated demand from new
development in the area. Specifically, the City and Dell Computer Corporation (Dell) have entered into
a Memorandum of Understanding to formally negotiate an Economic Development Agreement, part of
which includes Dell locating a facility in the above mentioned sanitary sewer basin.
City staff has negotiated an engineering services agreement with Halff Associates, Inc. (Halff) to design
the required extension of sanitary sewer Main M-452. This extension includes approximately 19,000
linear feet of proposed 24-inch sanitary sewer line and all necessary appurtenances. Under the
contract, Halff will provide all surveying and engineering services, in addition to real property services
and construction management/inspection services if the project is actually constructed following formal
approval of the anticipated Economic Development Agreement and a commitment by Dell to proceed
with the proposed campus development. The increased scope of work is included in the contract to aid
in coordination, given the nature of this project. Halff proposes to provide the inspection services for an
hourly rate with a multiplier, not to exceed a cost of$30,320.00. All other services will be provided for a
lump sum cost of$255,125.00.
Halff Associates, Inc. is in compliance with the City's M/WBE Ordinance by committing to 34% M/WBE
participation. The City's goal on this project is 27%.
This project is located in COUNCIL DISTRICTS 2 and 4, Mapsco 35.
City of Fort Worth, Texas
4velyar And Council conswunication
DATE REFERENCE NUMBERLOG NAME PAGE
' 12/19/00 C-18404 30DELL 2 of 2
SUBJECT AWARD OF ENGINEERING AGREEMENT TO HALFF ASSOCIATES, INC. FOR
t SANITARY SEWER M-452 EXTENSION
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Capital Sewer Project Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
DEC 19 2=
A.Douglas Rademaker 6157 (from)
Additional Information Contact: P170 541200 070170131550 $285,445.00 /,
City sw=aftu 4 tta
City of Fort Wari[,Teams
A.Douglas Rademaker 6157