HomeMy WebLinkAboutContract 31490 CIT`' SECRETAM.,
CITY OF FORT WORTH, TEXAS =C?('l i" %'aCT NO ,
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Lockwood,
Andrews& Newer, Inc., (the "ENGINEER"), for a PROJECT generally described as:
Miscellaneous Drainage Improvements to Longstraw Channel, Luther Channel, Colonial
Channel and Chaddybrook Channel. (2004 CIP Minor Drainage Miscellaneous Structural
Improvements Contract E)
Article I
Scope of Services 03- 1 .I -05A09 : ?1 RCVD
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 of such suspension of services.
- A09 :28 RCVD ORIGINAL
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations shall
be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and costlexecution 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.
ENGINEERING CONTRACT
Page 2 of 14
i
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 Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no control
over cost or price of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect operation or maintenance
costs; competitive bidding procedures and market conditions; time or quality .
ENGINEERING CONTRACT
Page 3 of 14 c
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 furnished by others, and may not always represent the exact location,
type of various components, or exact manner in which the PROJECT was finally
constructed. The ENGINEER is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this contract
and its commitment to meet that goal. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
ENGINEERING CONTRACT
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and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
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 shall provide to the City certificate(s) of insurance documenting policies
of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage
if written on a split limits basis). Coverage shall be on any vehicle used
in the course of the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease -each employee
Professional Liability
$1,000,000 each claim/annual aggregate
ENGINEERING CONTRACT
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(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall
include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified according to items section K.(1) and K.(2) of this agreement
are provided under applicable policies documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice
shall be acceptable in the event of non-payment of premium. Such
terms shall be endorsed onto ENGINEER's insurance policies. Notice
shall be sent to the respective Department Director (by name), City of
Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the state
of Texas or be otherwise approved by the CITY; and, such insurers
shall be acceptable to the CITY in terms of their financial strength and
solvency.
(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) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
ENGINEERING CONTRACT
Page 6 of 14
(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.
ENGINEERING CONTRACT
Page 7 of 14 `122'1�" 1"1� �' (�t��1�'l��J•�J
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 advisors, and other
ENGINEERING CONTRACT
Page 8 of 14
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 IF'
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GVH, VE��>>
(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 Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
ENGINEERING CONTRACT
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B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will be
at the CITY's sole risk. The final designs, drawings, specifications and documents
shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by
acts of God, strikes, lockouts, accidents, or other events beyond the control of the
ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for convenience so that
the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
ENGINEERING CONTRACT
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F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in connection
with the PROJECT.
(2) If the 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 action, except for willful misconduct or gross
negligence for limitations of liability and sole negligence for indemnification. Parties
mean the CITY and the ENGINEER, and their officers, employees, agents, and
subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
ENGINEERING CONTRACT
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$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, and shall observe and comply with all
orders, laws ordinances and regulations which may exist or may be enacted later by
governing bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to
defend, indemnify and hold harmless CITY and all of its officers, agents and
employees from and against all claims or liability arising out of the violation of any
such order, law, ordinance, or regulation, whether it be by itself or its employees.
ENGINEERING CONTRACT
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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_LTJ day of ,h , 2005.
ATTEST: T O FO ORTH
B
Marty A. He rix Marc A. Ott
City Secretary Assistant City Manager
Approval Recommended
Cont;:aCL Authorization
--EA. Douglas Rademaker
Date Director, Engineering Department
APPROVED AS TO FORM
AND L LITY
I OCKWOOD, ANDREWS & NFWNAM_, INC
4 e ENGINEER
AskWa;t-r A orney
ATTEST:
B .
Patrick E.)pf , P.E
Business Group erector
Engineering Contract
Page 14 of 14
-14-
ATTACHMENT "A"
General Scopeof Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in the supplemental Scope of Services. In cases of conflict between the
Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope
of Services shall have precedence over the General Scope of Services."
GENERAL
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of
the City regarding the scope of project so that the plans and specifications which are to
be developed hereunder by the Engineer will result in providing facilities which are
economical in design and conform to the City's requirements and budgetary
constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be
necessary for the design of the proposed street, and storm drain and/or water and
wastewater 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 facilities made by the
permitting authority. If such changes are required, the Engineer shall notify t. e City and ---m
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.
-2-
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-
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.
-4-
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.
-5-
EXHIBIT "A-1"
Supplemental Scope of Services
(Supplement to ATTACHMENT "A")
Contract E —Miscellaneous Structural Improvements
2004 CIP Minor Drainage Projects
J
PHASE 1 — DESIGN SERVICES: STORM DRAIN CHANNEL IMPROVEMENTS
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
"A". Work under this exhibit includes engineering services for storm drain channel improvements
for the following:
Contract E — Miscellaneous Structural Improvements (2004 CIP Minor Drainage
Projects)
There are four projects. A Preliminary Engineering Report (PER) will be prepared for all four. All
four projects will be taken through design for construction. There will be one construction
package including all four projects. Multiple construction packages will be additional services.
The design will generally be shown on existing drawings (plats or old construction documents)
or sketches (8.5"x11" or 11"x17") in the specifications book. A separately bound, full size, set of
plans is not included. The projects typically consist of channel repairs and/or ramps, and
therefore no hydrologic or hydraulic calculations are included.
E1 — Longstraw Channel Rehabilitation (required project): Channel repairs only. Channel
extends over an approximate distance of 2,200 linear feet between North Beach Street and
Strawberry Street. Is situated within a drainage right-of-way of 40-feet in width. Just west of
Beach is a 150' long cracked area on the north slope. Slope is about 1:1 and 8' tall. Slope
distance is about 12'. A second area about 20' long, farther west by church parking lot, needs
replacement. At least half of the channel from Whitewood west to Buttonwood and on to
Strawberry needs replaced (either the bottom, side slopes, or both). Concrete appears to have
been placed to a minimal thickness, with wire mesh for reinforcement. Soils behind the concrete
appear to be expansive in nature. Plat or old plans will be used as base map to avoid creating
new plans. Detailed surveying is not included. Fences, trees and access will be issues to
address during design and construction.
E2— Luther Channel Rehabilitation (required project): Primarily repairs, but need to reconstruct
access ramp (15% max. grade). The channel is in an easement and appears to be oriented
predominately at the rear of residential lots within Block 3 of the Ridglea Crest Addition. The
10/18/04 P:\Marketing\Fort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Page 1 of.7
existing access ramp is fully within Lot 8, Block 3 of Ridglea Crest. Significant portion of
concrete channel needs replacement north of Cumberland Road, from the limits of the existing
ramp, upstream to the riprap limits. Clearing along the top of the channel banks would also be
required. Must remove trees as they are contributing to the decomposition of the concrete
riprap. Need to replace about 250 linear feet of channel. The channel is about 12' tall (perhaps
15' to street). Upstream end of concrete is separated from the earth section. Concrete riprap
has been undermined and is being eroded away. Need toe wall with rock riprap, and possibly
geotextile liners. Also need to remove the ramp and replace it with one at a shallower slope.
Ramp would fit nicely in the open park-like area that is part of Lot 1, Block 4 of the Ridgeview
Addition. Area appears to be privately owned. The existing ramp was designed at a grade of
20%. It is deep and steep, and access will be an issue if the construction contractor utilizes it.
Plat or old plans will be used as base map to avoid creating new plans. Limited survey and
property limit determination is included. Tree(s), storm drain and sewer present possible
conflicts. Fences and landscaping will be issues to address during design and construction.
E3 — Colonial Channel — Cantey Ramp (beneficial project): Need ramp to access vertical side
wall channel (may need to be 90 degree). An alternatives analysis will be included in the PER.
Analyze alternate ramp locations necessary to access different channel segments. Cantey
Street may be abandoned ROW, but remains as a drainage easement at the least. Improved
channel section extends from Mockingbird Lane upstream to North Bellaire Drive for an
approximate distance of 5,000 linear feet. Colonial Parkway crosses the channel with a box
culvert approximately 1,000 feet upstream from Mockingbird Lane. Could access from the TCU
stadium parking lot between power poles just south of Cantey Street. Need to coordinate with
TCU. Sewer and pedestrian bridge must be avoided. Light poles appear to be clear. Alternate
access points for access could be North Bellaire or Mockingbird. There is a stilling basin area
just downstream of Bellaire that would probably prevent access past it. A ramp might also be
installed at the Mockingbird Lane crossing. The channel is shallower here so cost would be
less. However, the culvert at Colonial Parkway may block access further to the south. Might
need to coordinate with Colonial Country Club whose property limits begin on the north side of
Mockingbird Lane.
E4— Chaddybrook Ramps (beneficial project): Need ramp to access Smithfield Creek Channel.
The specific location is the multi-box culvert under North Riverside Drive crossing Smithfield
Creek Channel. Concrete lining extends approximately 30-feet upstream and downstream of
the box culvert. The adjacent sections of the channel in this area are unlined. Northeast
quadrant is preferred for ramp, but may need to extend concrete bottom to meet ramp limits.
Confirm culvert clearance (headroom). The school property upstream of Riverside that adjoins
the creek will also be evaluated for access. Limited topographic survey is included. May need
easement for ramp depending upon its orientation and geometry. Document preparation for
easement acquisition will be additional services if required.
10/18/04 PAMarketing\Fort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Page 2 of 7
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 Preliminary
Engineering Report.
b. Data Collection
In addition to data obtained from the City, ENGINEER will research and
make efforts to obtain pertinent information to aid in coordination oft he
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, City drainage complaint files, drainage studies., FEMA
floodplain and floodway maps, existing models for the project area (if any),
and property ownership as available from the Tax Assessor's office.
C. Coordination with Other Agencies
During the concept phase the ENGINEER shall coordinate with all utilities,
including utilities owned by the City. These entities shall also be contacted
if applicable, to determine plans for any proposed facilities or adjustment to
existing facilities within the project limits. The information obtained shall be
shown on the preliminary 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.
10/18/04 PAMarketing\Fort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Paae 3 of 7
fv.
2. Monthly Progress Report
The ENGINEER shall submit a project schedule after the design contract is fully executed.
The schedule shall be updated and submitted to the CITY along with monthly progress
reports as required under Attachment B of the contract.
J J
PART B -CONSTRUCTION PLANS AND SPECIFICATIONS
1. Surveys for Design
ENGINEER will perform limited 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 and elevations of
known buried utilities, structures, and other features that would affect
proposed construction.
2. Preliminary Engineering Report Submittal
a. PER shall be submitted to City 60 days after Notice to Proceed
Letter is issued.
b. The ENGINEER shall furnish four (4) copies of the PER which
include sketches, photos and cost estimates for the ENGINEER's
recommended plan.
3. Preliminary Construction Plans
Upon approval of Part B, Section 2, ENGINEER will prepare preliminary
construction plans using existing drawings (plats or old construction
documents) or sketches (8.5"x11" or 11"x17") as follows:
a. Preliminary project sheets which will show as available on existing
drawings or from limited field work (surveys or hand
measurements) the following;
Existing left and right top of channel bank, existing utility
crossings and existing right-of-way/easement.
10/18/04 PAMarketingTort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Page 4 of 7
Channel flowline.
Typical channel details.
Limits of right-of-way or easements and temporary
construction easement.
Plans for ramps will show existing street paving, curb and
gutter, sidewalks, fences and gates. Proposed ramp
details will include a plan view, profiles of both walls and a
section. Additional details will include fences and gates for
ramps.
Plans for channel repairs will be shown on existing
drawings with repair areas noted and repair details
provided. The approximate limits for repairs will be
measured by hand (taped) to reduce survey costs as
practical. For channel repairs doweling may be avoided by
placing one foot of mass concrete under the existing lining
at saw cut limits. Additional details will include fence
replacement and repair.
b. Existing found property corners (e.g. iron pins) along the existing
right-of-way shall be shown on the plans as available.
C. Known existing utilities and known utility easements will be shown
on the sheets. ENGINEER will coordinate with utility companies and
the City of Fort Worth to ascertain what, if any, future improvements
are planned that may impact the project.
d. Maintenance ramps if appropriate.
e. Proposed 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.
4. Preliminary construction plan submittal
10/1'8/04 PAMarketing\Fort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Page 5 of 7
a. Preliminary plans and specifications shall be submitted to City 60
days after approval of Part B, Section 2.
b. The ENGINEER shall deliver sixteen (16) sets of preliminary
construction plans and two (2) sets of specifications and contract
documents to CITY for review and distribution to utility companies.
C. Review Meetings with City
The ENGINEER shall meet with CITY to discuss review comments
for preliminary submittal. The CITY shall direct the ENGINEER in
writing to proceed with Final Design for Final Review.
d. Public Meeting
After the preliminary plans have been reviewed and approved by
the City, ENGINEER shall prepare an affected invitation letter and
attend public meeting to help explain the proposed project to
residents. The CITY shall mail the invitation letters. A maximum of
four public meetings is included (one per project).
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 60 days after
approval of Part B, Section 3.
Following CITY approval of the recommended improvements, the
ENGINEER shall prepare final plans and specifications and contract
documents to CITY (each sheet shall be stamped, dated, and signed by
the ENGINEER) and submit two (2) sets of plans and construction contract
documents within 15 days of CITY's final approval. Plan sets shall be used
for Part C activities.
b. ENGINEER's Estimate of Probable Construction Cost
10/18/04 PAMarketingTort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Page 6 of 7
The ENGINEER shall submit a final estimate of probable construction cost
with the final plan 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 (50) sets of the final approved and dated plans and specifications and contract
documents for the projects to the CITY for distribution to potential bidders.
b. Bidding Assistance
The ENGINEER shall assist the CITY during phase including preparation and
delivery of addenda to plan holders, 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.
C. Assistance During Construction
The ENGINEER shall attend the pre-construction conference for the project. The
ENGINEER shall also consult with and advise the CITY on design and/or
construction changes, if necessary.
10/18/04 PAMarketingTort Worth\Roads\4 Drainage Jobs\Exhibit A-1.doc Page 7 of 7
'�`n,lfi
4A �:: �..a rj, n �,
ATTACHMENT "B"
Compensation and Schedule
Engineering Design Services Associated With
Contract E — Miscellaneous Structural Improvements
2004 CIP Minor Drainage Projects
J
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of$58,179.64
as summarized in Exhibit "B-3". Payment of the total lump sum fee shall
be considered full compensation for the services described in Attachment
"A" and Exhibit "A-1" for all labor, materials, supplies and equipment
necessary to complete the project.
B. The Engineer shall be paid monthly as described in Exhibit "B-1", Section
1 — Method of Payment.
C. Each invoice is to be verified as to its accuracy and compliance with the
terms of this contract by an officer of the Engineer.
II. Schedule
Final Plans and Contract Documents for bid advertisement shall be submitted
with 360 calendar days after the "Notice to Proceed" letter is issued.
A. Preliminary Engineering Report (PER) — 60 calendar days
B. Preliminary Construction Plans — 60 calendar days
C. Final Construction Documents — 60 calendar days
D. Final Plans and Contract Documents for Bid Advertisement- 15 calendar
days
10/19/04 PAMarketingTort Worth\Roads\4 Drainage JobsWttachment B.doc Page 1 of 1
Exhibit "B-1"
(Supplement to Attachment B)
Engineering Design Services Associated With
Contract E — Miscellaneous Structural Improvements
2004 CIP Minor Drainage Projects
1
I. Method of Payment
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 project.
The aggregate of such monthly partial fee payments shall not exceed the
following:
Until satisfactory completion of Attachment "A", Preliminary Engineering Report
(PER) and approval by the City, a sum not to exceed 30 percent of the total lump
sum fee.
Until satisfactory completion of Attachment "A", Preliminary Construction Plans
and approval by the City, a sum not to exceed 60 percent of the total lump sum
fee, less previous payments.
Until satisfactory completion of Attachment "A", Final Construction Documents
and approval by the City, a sum not to exceed 90 percent of the total lump sum
fee, less previous payments.
The balance of fees, less previous payments, shall be payable after all of the pre-
construction meetings for the Project have been conducted.
Il. Progress Reports
A. The Engineer shall submit to the designated representative of the
Directory of the Department of Engineering monthly progress reports
covering all phases of design by the 15th of every month in the format
required by the City.
B. If the Engineer determines in the course of making design drawings and
specifications that the opinion of probable construction cost of$403,834
(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 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.
10/19/04 PAMarketingTort Worth\Roads\4 Drainage Jobs\Exhibit B-1.doc Page 1 of 1
Exhibit "B-2"
(Supplement to Attachment B)
Engineering Design Services Associated With
Contract E — Miscellaneous Structural Improvements
2004 CIP Minor Drainage Projects
2004 Standard Rate Schedule
Classification Hourly Rate
Project Manager -$150
Senior Engineer $125
Engineer $105
Engineer in Training $80
Technician $75
Clerical $50
l7JUV �i.�t7J�i5Ur1. '
9/30/04 PAMarketing\Fort Worth\Roads\4 Drainage Jobs\Exhibit B-2.doc Pagc 1 of 1
Exhibit "B-3A"
(Supplement to Attachment B)
Summary of Total Project Fees
Contract E — Miscellaneous Structural Improvements
2004 CIP Minor Drainage Projects
J
Consulting Firm Prime Responsibility Amount * Percent
Prime Consultant:
Lockwood, Andrews & Basic Services and
Newnam, Inc. Additional Services $ 41,243.64 70.9%
M/WBE Consultants:
Arredondo, Zepeda & Surveying Services $ 9,000.00 15.5%
Brunz, Inc.
Trevino and Associates, Reproduction $ 5,936.00 10.2%
Inc.
Pereira Engineering & Engineering $ 2,000.00 3.4%
Technical Services
Non-M/WBE Consultants:
None
Total for Professional Services $ 58,179.64 100%
Proiect Description Scope of Services Total Fee M/WBE Fee * Percent
Engineering Services Drainage $ 58,179.64 $ 16,936.00 29.1%
* Final M/WBE Amounts, Fees and Percentages will vary. LAN commits to a minimum M/WBE
Percentage of 15%.
10/19/2004 Exhibits B-3 Page 1 of 1
Exhibit "13-313"
(Supplement to Attachment B)
Professional Services Fee Summary
Contract E—Miscellaneous Structural Improvements
2004 CIP Minor Drainage Projects
J
Part A- Conceptual Design and Part B - Plans & Specifications
Transportation & Public Works: (Construction Cost x ASCE Curve"A"x 85%)
Drainage $ 403,834.00 8.9% x 85% $ 30,550.04
T&PW: Basic Services Total $ 30,550.04
" Includes $2,000 for M/WBE (Pereira)
Additional Services:
Transportation & Public Works:
Topographic Surveying Services(by M/WBE) $ 9,000.00
Topographic Surveying Services (approximate) $ 3,000.00
Erosion Control Plans &SW3P $ 4,000.00
Meetings & Reports $ 4,000.00
Printing & Reproduction Subtotal (by M/WBE) $ 5,936.00
Administrative (10%) Fee on M/WBE Firms $ 1,693.60
Additional Services Subtotal $ 27,629.60
T&PW:Additional Services Total $ 27,629.60
Summary of Total Fee and Breakdown of Design Fee (Less Survey Fee)
A. Summary of Total Fee
Service Description Drainage
Engineering Services $ 30,550.04
Additional Services $ 15,629.60
Surveying Services $ 12,000.00
Total Fee $ 58,179.64
B. Breakdown of Drainage Fees (Less Survey Fees)
1. Total Fee (less survey fee) Breakdown by Preliminary Engineering Report (PER),
Preliminary and Final Design
a. E1 PER (30%) = (Total Fee- Survey Fee) x (0.3)_ $ 13,853.89
b. E1 Preliminary (60%) = (Total Fee-Survey Fee)x (0.6) _ $ 27,707.79
c. E1 Final (10%) = (Total Fee- Survey Fee)x (0.1)_ $ 4,617.96
10/19/2004 Exhibits B-3 Page 1 of 1
Exhibit "B-3C"
(Supplement to Attachment B)
Fees For Surveying Services
Contract E — Miscellaneous Structural Improvements
2004 CIP Minor Drainage Projects
Surveying Services:
Drainage
Topographic Surveys 3,200 LF x $ 3.75 _ $ 12,000.00
T&PW: Total for Surveying Services $ 12,000.00
10/4/2004 Exhibits B-3 Page 1 of 1
Exhibit "B-3D"
(Supplement to Attachment B)
Additional Services
Contract E — Miscellaneous Structural Improvements
2004 CIP Minor Drainage Projects
J '
Additional Services:
Transportation & Public Works:
Prepare SW3P w/ NOI & NOT $ 4,000.00
Attend Public/Neighborhood Meetings (Reports & Exhibits) $ 4,000.00
Total for Additional Services $ 8,000.00
Transportation & Public Works: $ 8,000.00
10/13/2004 Exhibits B-3 Page tof
Ell
Exhibit "B-3E"
(Supplement to Attachment B)
Fee for Reproduction Services
Contract E— Miscellaneous Structural Improvements
2004 CIP Minor Drainage Projects
Printing & Reproduction
Transportation & Public'Works
Conceptual Design Report
4 Sets of Report $ 0.20 /Pg x 80 Pg/Report x 4 = $ 64.00
Preliminary & Utility Clearance Plans
16 Sets of Construction Plans $ 2.00 /Sht x 16 Sht/Plan x 16 = $ 512.00
2 Sets of Specifications $ 0.15 /Pg x 400 Pg/Spec x 2 = $ 120.00
Final Plans
2 Sets of Construction Plans $ 2.00 /Sht x 16 Sht/Plan x 2 = $ 64.00
2 Sets of Specifications $ 0.15 /Pg x 400 Pg/Spec x 2 = $ 120.00
.Bid Documents
50 Sets of Construction Plans $ 2.00 /Sht x 16 Sht/Plan x 50 = $ 1,600.00
50 Sets of Specifications $ 0.12 /Pg x 400 Pg/Spec x 50 = $ 2,400.00
Mounted Exhibit for Public Meetings
4 Drawings $ 200.00 /Brd x 4 Board x 1 = $ 800.00
Final Mylars for Record Purposes
1 Set of Construction Plans $ 16.00 /Sht x 16 Sht/Plan x 1 = $ 256.00
Printing & Reproduction Subtotal $ 5,936.00
Transportation & Public Works $ 5,936.00
10/13/2004 Exhibits B-3 Page 1 of 1
EXHIBIT 1113-4"
(Supplement to Attachment B)
Opinion of Probable Construction Cost
Contract E - Miscellaneous Structural Improvements
2004 CIP Minor Drainage Projects
E-1 - L.ONGSTRAW CHANNEL REHABILITATION
Item Description i Unit Qty. Unit Cost Extension
1 Tree and Brush Clearing SY 500 $3.00 $1,500.00
2 Saw Cutting LF 1500 $2.50 $3,750.00
3 Demolition, Haul Off, and Disposal CY 250 $40.00 $10,000.00
4 Select Backfill and Placement CY 290 $20.00 $5,800.00
5 Concrete Riprap SY 1750 $50.00 $87,500.00
6 Erosion Control LS 1 $5,000.00 $5,000.00
7 Utility Adjustment LS 1 $3,000.00 $3,000.00
8 Fence Replacement LF 1000 $20.00 $20,000.00
9 Sidewalk Repair SF 30 $5.00 $150.00
10 Sodding SY 450 $4.50 $2,025.00
Total Construction $138,725.00
15% Contingency - $20,808.75
TOTAL $159,533.75
E-2 - LUTHER CHANNEL REHABILITATION
Item Description Unit Qty. Unit Cost Extension
1 Tree and Brush Clearing SY 550 $4.50 $2,475.00
2 Saw Cutting LF 60 $2.50 $150.00
3 Demolition, Haul Off, and Disposal CY 280 $40.00 $11,200.00
4 Earthwork CY 180 $12.00 $2,160.00
5 Select Backfill and Placement CY 410 $20.00 $8,200.00
6 Concrete Riprap SY 670 $60.00 $40,200.00
7 Concrete Ramp SY 100 $60.00 $6,000.00
8 Retaining Walls (2' - 6' Height) LF 100 $145.00 $14,500.00
9 Rock Riprap CY 25 $90.00 $2,250.00
10 Erosion Control LS 1 $5,000.00 $5,000.00
11 Utility Adjustment LS 1 $5,000.00 $5,000.00
12 Security Gate LS' 1 $500.00 $500.00
13 Fence Replacement LF 250 $20.00 $5,000.00
14 Sodding SY 270 $4.50 $1,215.00
Total Construction $103,850.00
15% Contingency $15,577.50
TOTAL $119,427.50
10/19/2004 Exhibit B-4 Page 1 of 2
EXHIBIT "13-4"
(Supplement to Attachment B)
Opinion of Probable Construction Cost
Contract E - Miscellaneous Structural Improvements
2004 CIP Minor Drainage Projects
E-3 - COLONIAL CHANNEL RAMP
Item Description Unit Qty. Unit Cost Extension
1 Clearing and Grubbing SY 350 $5.00 $1,750.00
2 Structural Saw Cutting LF 30 $15.00 $450.00
3 Demolition, Haul Off, and Disposal CY 20 $60.00 $1,200.00
4 Excavation CY 450 $15.00 $6,750.00
5 Select Backfill and Placement CY 75 $20.00 $1,500.00
6 Concrete Ramp SY 150 $60.00 $9,000.00
7 Retaining Walls (2' - 12' Height) LF 100 $270.00 $27,000.00
8 Curb and Gutter Replacement LF 50 $25.00 $1,250.00
9 HMAC Pavement Repair SY 50 $50.00 $2,500.00
10 Erosion Control LS 1 $5,000.00 $5,000.00
11 Utility Adjustment LS 1 $5,000.00 $5,000.00
12 Security Gate LS 1 $500.00 $500.00
13 Fence Replacement LF 120 $20.00 $2,400.00
14 Sodding SY 110 $4.50 $495.00
Total Construction $64,795.00
15% Contingency $9,719.25
TOTAL $74,514.25
E-4 - CHADDYBROOK (SMITHFIELD CREEK) CHANNEL RAMP
Item Description Unit Qty. Unit Cost Extension
1 Clearing and Grubbing SY 300 $5.00 $1,500.00
2 Saw Cutting LF 30 $2.50 $75.00
3 Demolition, Haul Off, and Disposal CY 15 $50.00 $750.00
4 Earthwork CY 300 $12.00 $3,600.00
5 Select Backfill and Placement CY 60 $20.00 $1,200.00
6 Concrete Ramp SY 100 $60.00 $6,000.00
7 Retaining Walls (2' - 8' Height) LF 120 $190.00 $22,800.00
8 Sidewalk Repair SY 20 $5.00 $100.00
9 Erosion Control LS 1 $2,500.00 $2,500.00
10 Utility Adjustment LS 1 $4,000.00 $4,000.00
11 Security Gate LS 1 $500.00 $500.00
12 Sodding SY 170 $4.50 $765.00
Total Construction $43,790.00
15% Contingency $6,568.50
TOTAL $50,358.50
GRAND TOTAL $403,834.00
10/19/2004 Exhibit B-4 Page 2 of 2
ATTACHMENT "C"
Amendments to Standard Agreement for Engineering Services
Contract E - Miscellaneous Structural Improvements
2004 CIP Minor Drainage Projects
The following are amendments to the Standard Agreement for Engineering Services.
Article IV- Obligations of the Engineer
K. ENGINEER's Insurance
(2) (d) Replace the following:
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.
with this:
A minimum of thirty (30) days notice of cancellation e--m tenial-E;haRge-in
Eeverage-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. ENGINEER shall provide
thirty (30) days notice of any material change in coverage. Notice shall be
sent to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
Article IV- Obligations of the Engineer
K. ENGINEER's Insurance
(2) (f) Replace the following:
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.
with this:
10/4/04 PAMarketingTort Worth\Roadsl4 Drainage Jobs\Attachment C.doc Page C-1 of
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. Such acceptance by
the City shall not be unreasonably withheld. Dedicated financial resources
or letters of credit may also be acceptable to the City.
J J
Article V— Obligations of the City
F. Asbestos or Hazardous Substances and Indemnification
(2) Replace the following:
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.
with this:
The indemnification and release required above shall not apply in the event
the discharge, release or escape of known 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.
10/4/04 PAMarketingTort Worth\Roads\4 Drainage Jobs\Attachment C.doc Laae7- e=1—"
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CIr(MAP2018-37n,W ATTACHMENT ".E-211 LOCATION MAP
MAPSCO 74 X ANDY j
(COUNCIL DISTRICT 3)
LUTHER CHANNEL REHABILITATION
� N
(4200 BLK. CUMBERLAND ROAD)
CONTRACT E: MISCELLANEOUS STRUCTURAL IMPROVEMENTS
LnLockwood,Andrews 2004 CIP.MINOR DRAINAGE IMPROVEMENTS
b Newnam,Inc.
307 W.7th Street,Suite 1250 PROJECT LIMITS ,^
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MAPsco 7s vAND z (COUNCIL DISTRICT 9)
COLONIAL CHANNEL RAMP N
(2500 BLK. CANTEY STREET)
CONTRACT E: MISCELLANEOUS STRUCTURAL IMPROVEMENTS
LanLockwood,Andrews 2004 CIP-MINOR DRAINAGE IMPROVEMENTS
d Newnarn.Inc,
307 W.7th Street,suite 1250 PROJECT LIMITS
Fort Worth,Tx 76102 NTS
rage i of Y.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/11/2005
DATE: Tuesday, January 11, 2005
LOG NAME: 30CIPLOCKWOOD REFERENCE NO.: **C-20484
SUBJECT:
Authorize Execution of Engineering Agreement to Lockwood, Andrews & Newnam, Inc. for
Miscellaneous Drainage Improvements to Longstraw Channel, Luther Channel, Colonial Channel
and Chaddybrook Channel
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Lockwood, Andrews & Newnam, Inc. in the amount of $58,179.64 for miscellaneous drainage
improvements to Longstraw Channel, Luther Channel, Colonial Channel and Chaddybrook Channel.
DISCUSSION:
The 2004 Capital Improvement Program (CIP) includes funds for miscellaneous drainage improvements to
be made to Longstraw Channel, Luther Channel, Colonial Channel and Chaddybrook Channel.
The scope of the project consists of the preparation of plans and specifications for drainage improvements
to Longstraw Channel, located between Buckwheat Street and Longstraw Drive from Strawberry Way to
Beach Street; Luther Channel, located in the rear of residential lots within Block 3 of the Ridglea Crest
Addition; Colonial Channel, located east of Simondale Drive; Alton Road, from Simondale Drive to Bellaire
Drive; and Chaddybrook Channel, located between Chaddybrook Lane and Brittany Place from Riverside
Drive northerly 500 feet.
Lockwood, Andrews & Newnam, Inc. proposes to perform the necessary design work for a lump sum fee of
$58,179.64. City staff considers this fee to be fair and reasonable for the scope of services proposed. In
addition to the contract amount, $5,600.00 is required for project management by the Engineering
Department.
Lockwood, Andrews & Newnam, Inc. is in compliance with the City's M/WBE Ordinance by committing to
15% M/WBE participation. The City's goal on the project is 15%.
This project is located in COUNCIL DISTRICTS 3, 4, and 9, Mapsco 35R, S, and V; 74X and Y; and 75V
and R.
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 201270009731- $13,853.89
http://www.cfwnet.org/council_packet/Reports/mc_print.asp ]�"'c' �1��`: 1/12/2005
A.
rage z of L
C200 531200 201270009732 $27,707.79
C200 531200 201270009733 $4,617.96
C200 531200 201270009751 $12,000.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker(6157)
Additional Information Contact: A. Douglas Rademaker(6157)
http://www.cfwnet.org/council_packet/Reports/Mc�_print.asp 1/12/2005