HomeMy WebLinkAboutContract 31881 CITY SECRETARY
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Baird,
Hampton & Brown, Inc. Engineering & Surveying, (the "ENGINEER"), for a PROJECT
generally described as: Pavement Reconstruction and Water and Sanitary Sewer Main
Replacement on Mesquite Road (Chesser Boyer Road to Kimbo Road), Williams Place
(Tom Ellen Street to Chesser Boyer Road), and Wesley Street (Cindy Drive to Fossil
Drive)
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion;of the billing until mutually
resolved.
i
(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
ORIGINAL
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.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 2 of 44
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 AGREEMENT VrI �{�jj�t`tuiS':7VN;�J
JANUARY 1,2005
Page 3 of 44 ���
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
ENGINEERING AGREEMENT i
JANUARY 1,2005
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conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or quality of performance by third parties; quality, type, management,
or direction of 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. 133500, 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.
ENGINEERING AGREEMENT
JANUARY 1,2005
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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
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 subcon-
sultant 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
$$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident
or
$250,000 property damage
$500,000 bodily injury per person per accident
ENGINEERING AGREEMENT
JANUARY 1,2005
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A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non-owned during the course of this 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
$2,000,000 aggregate
Professional Liability Insurance shall be written on a project specific basis. The
retroactive date shall be coincident with or prior to the date of this contract and the
certificate of insurance shall state that the coverage is claims-made and the retroactive
date. The insurance coverage shall be maintained for the duration of this contract and for
five (5) years following completion of the contract (Tail Coverage). An annual certificate
of insurance shall be submitted to the City for each year following completion of this
contract.
(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.
ENGINEERING AGREEMENT
JANUARY 1.2005 E
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(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.
(j) 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.
(k) 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.
(1) 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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 8 of 44
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.
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.
ENGINEERING AGREEMENT
JANUARY 1,2005 b u
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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 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 Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 10 of 44
(2) The 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 ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
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."
(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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 11 of 44 ` .I,I�. L `' 1L,t
In: qV�`l
(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.
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
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 12 of 44
n
(1) The CITY may terminate this agreement for its convenience on 30 days'
written notice. Either the CITY or the ENGINEER for cause may terminate
this AGREEMENT 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.
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).
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 13 of 44
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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 $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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 14 of 44
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 AGREEMENT %L)
'1.J
JANUARY 1,2005
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E — Location Map
Executed this the day of , 20 J.
ATTEST: CITY-QF FORT WORTH
nr\\ B
Marty Hendrix M c. A. O(Ity
City Secretary Assistant Manager
Approval Recommended
Douglas Rademaker, PE
Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
Assistan ity Attorney Baird, Hampton & Brown, Inc.
Fngineering & Surveying
_ f ENGIN R�
Contract A thorizatioa By.
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Name: yJ�11�0. �.,fl �,lc• ��
Gate
Title:
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 16 of 44 v'��� �5 � J1 P
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. /n 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 the City and 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.
ENGINEERING AGREEMENTJ�J
JANUARY 1,2005
Page 17 of 44
�, fJ -PLY,o
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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 18 of 44 'i�ti( ' � �
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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 19 of 44
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 substitution
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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 20 of 44
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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 21 of 44 L� C'
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: WATER AND/OR SANITARY SEWER IMPROVEMENTS
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
"A". Work under this attachment includes engineering services for water and/or sanitary sewer
improvements for the following:
2004 CIP NEIGHBORHOOD STREET PROJECTS FOR
Mesquite Road, Williams Place and Wesley Street
CONTRACT 16
PROJECT NO. 00160
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
PART A— PRE-ENGINEERING
1. Initial Data Collection
a. Pre-Design Coordination Meetings
ENGINEER will attend and document meetings, as required, to discuss and
coordinate various aspects of the project and to ensure that the project stays on
schedule. For purposes of establishing a level of comfort, two (2) meetings are
anticipated. These include the following:
One (1) pre-design kick-off 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, ENGINEER 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 '
ENGINEERING AGREEMENT .'tij� '�,,(;1� ��j w01, J
JANUARY 1,2005
Page 22 of 44
office.
The data collection efforts will also include conducting special coordination
meetings with affected property owners and businesses as necessary to
develop sewer re-routing plans.
The following shall be applicable at all locations where it is necessary to
relocate or reroute the existing private sanitary sewer service line due to
the abandonment or realignment of the existing public sanitary sewer
lateral or main:
The CITY shall furnish the Engineer with a sample format of how the sewer
service line reroute/relocation should be designed and submitted for
construction. During design survey, if a rod can be inserted through the
cleanout to the bottom of the service line, the Engineer will obtain the flow
line elevation and design the service line prior to advertising the project for
bid. If the service flow line information cannot be obtained during design
survey, the Engineer shall delay the design of the sewer service line until
after the start of construction. The CITY will then direct the Contractor to
de-hole the service line at the clean-out location of all buildings or
structures so that the Engineer's surveyor can determine the flow line of the
sewer service line. The Engineer shall use this information to provide the
design for the sanitary sewer service line to be rerouted or relocated.
C. Coordination with Other Agencies
During the concept phase the ENGINEER shall coordinate with all utilities,
including utilities owned by the City, TxDOT and railroads. These entities
shall also be contacted if applicable, to determine plans for any proposed
facilities or adjustment to existing facilities within the project limits. The
information obtained shall be shown on the concept plans. The ENGINEER
shall show the location of the proposed utility lines, existing utility lines and
any adjustments and/or relocation of the existing lines within the project
limits. ENGINEER shall complete all forms necessary for City to obtain
permit letters from TxDOT and railroads and submit such forms to the City.
City shall be responsible for forwarding the forms to the affected agencies
for execution.
2. Schedule Submittal and Monthly Progress Report
The ENGIENER 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
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 23 of 44
progress reports as required under Attachment B of the contract.
PART B - CONSTRUCTION PLANS AND SPECIFICATIONS
1. Conceptual Engineering
i. Surveys for Design
a. ENGINEER will perform field surveys to collect horizontal and
vertical elevations and other information which will be needed for use
by the ENGINEER in design and preparation of plans for the project.
Information gathered during the survey shall include topographic
data, elevations of all sanitary and adjacent storm sewers, rim/invert
elevations, location and buried utilities, structures, and other features
relevant to the final plan sheets. For sewer lines located in alleys or
backyards, ENGINEER will obtain the following:
Obtain permission for surveying through private property.
Locate horizontal and vertical alignment of utility lines. Tie
improvements, trees, fences, walls, etc., horizontally along rear lines
in an approximately 50' wide strip. In addition, locate all rear house
corners and building corners in backyards.
Profile existing water and/or sewer line centerline.
Compile base plan from field survey data at 1"-40' scale.
Obtain permission for surveying through private property. Locate
horizontal and vertical alignment of utility lines, existing utilities, trees,
fences, walls, etc., horizontally along rear lot lines in an approximately
20' wide strip. In addition, locate all rear house corners and building
corners in backyards. Compile base plan from field survey data at 1" _
40' horizontal and 1" = 4' vertical scale.
When conducting design survey at any location on the project, the
consultant or its sub-consultant shall carry readily visible information
identifying the name of the company and the company representative.
All company vehicles shall also be readily identified.
b. Engineer will provide the following information:
All plans, field notes, plats, maps, legal descriptions, or other
specified documents prepared in conjunction with the requested
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 24 of 44
services shall be provided in a digital format compatible with the
electronic data collection and computer aided design and drafting
software currently in use by the CITY Department of Engineering. All
text data such as plan and profile, legal descriptions, coordinate files,
cut sheets, etc., shall be provided in the American Standard Code for
Information Interchange (ASCII) format, all drawing files shall be
provided in MicroStation (DGN) or Autocad (DWG or DXF) format
(currently Release 2002), or as otherwise approved in writing by the
CITY, and all data colleted generated during the course of the
project shall become the property of the CITY.
The minimum information to be provided in the plans shall include
the following:
1. A Project Control Sheet, showing ALL Control Points, used
or set while gathering data. Generally on a scale of not less
than 1:400:
2. The following information about each Control Point;
a. Identified (Existing City Monument #8901, PK Nail,
5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate
system, and a referred bearing base. Z coordinate
on City Datum only.
C. Descriptive Location (Ex. Set in the centerline of the
inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast corner of North
Side Drive and North Main Street).
3. Coordinates on all P.C.'s, P.T.'s, P.l.'s, Manholes, Valves,
etc., in the same coordinate system, as the Control Points.
4. No less than two bench marks plan/profile sheet.
5. Bearings given on all proposed centerlines, or baselines.
6. Station equations relating utilities to paving, when
appropriate.
7. Obtain the "foot print" of all properties where the sanitary
ENGINEERING AGREEMENT Y�
JANUARY 1,2005
Page 25 of 44
.�I
sewer service line is to be relocated or rerouted.
ii. Public Notification
Prior to conducting design survey, ENGINEER will notify affected
residents of the project in writing. The notification letter shall be on
company letterhead and shall include the following: project name,
limits, DOE project no., Consultant's project manager and phone
no., scope of survey work and design survey schedule. The letter
will be reviewed and approved by the City prior to distribution.
iii. Conceptual Engineering Plan Submittal
a. Conceptual plans shall be submitted to City days after
Notice to Proceed Letter is issued.
b. The ENGINEER shall perform conceptual design of the
proposed improvements and furnish four (4) copies of the concept
engineering plans which includes layouts, preliminary right-of-way needs
and cost estimates for the ENGINEER's recommended plan. ENGINEER
shall perform remaining field surveys required for final design of selected
route(s). The ENGINEER shall also evaluate the phasing of the water,
sanitary sewer, street and drainage work, and shall submit such evaluation
in writing to the City as a part of the concept phase of the project. All design
shall be in conformance with Fort Worth Water Department policy and
procedure for processing water and sewer design. ENGINEER shall review
the City's water and sewer master plan, other pertinent design information
and provide a summary of findings pertaining to the proposed project.
2. Preliminary Engineering
Upon approval of Part B, Paragraph iii (b), ENGINEER will prepare
preliminary construction plans as follows:
a. Overall water and/or sanitary sewer layout sheets and an
overall easement layout sheet(s).
b. Preliminary project plans and profile sheets on 22" x 34"
sheets which show the following: Proposed water and/or sanitary sewer
plan/profile and recommended pipe size, fire hydrants, water service lines
and meter boxes, gate valves, isolation valves, manholes etc., related
appurtenances 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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 26 of 44
C. For sewer lines, pipelines schedule for point repairs,
rehabilitation and replacement will be located on the base
sheets prepared from survey information gathered under
Part B, Paragraph b. Conflicts shall be resolved where
pipelines are to be rehabilitated on the same line segment.
Base sheets shall reference affected or adjacent streets.
Where open-cut and trenchless technology 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 planned that may impact the
project.
e. The design for sewer service line reroute/relocation will be
provided if the flow line elevation of the sewer service can
be determined from the cleanout location. If this elevation
cannot be determined during design survey, the design
shall be provided after award of the construction contract
as specified in Part A, Paragraph 1 b.
f. The ENGINEER shall make provisions for reconnecting all
identifiable water and/or wastewater service lines which
connect directly to any main being replaced, including
replacement of existing service lines within City right-of-
way or utility easement. When the existing alignment of a
water and sanitary sewer main or lateral is changed,
provisions will be made in the final plans and/or
specifications by the ENGINEER to relocate all service
lines which are connected 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 not already included in the D-Section
of the City's specifications. These may include connection
details between various parts of the project, tunneling
details, boring and jacking details, waterline relocations,
details unique to the construction of the project, trenchless
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 27 of 44
details, and special service lateral reconnections.
h. Right-of-Way Research
The ENGINEER will conduct preliminary research for
availability of existing easements where open-cut
construction or relocation of existing alignments is probable.
Temporary and permanent easements will be appropriated
based on available information and recommendations will
be made for approval by the City.
i. Right-of-way/Easement Preparation and Submittal
Preparation and submittal of right-of-way, easements and
rights-of-entry will be in conformance with "Submittal of
Information to Real Property for Acquisition of Property".
j. Utility Clearance Phase
The ENGINEER will consult with the City's Water
Department, Department of Engineering, and other CITY
departments, public utilities, private utilities and government
agencies to determine the approximate location of above
and underground utilities, and other facilities that have an
impact or influence on the project.
ENGINEER will design City facilities to avoid or minimize
conflicts with existing utilities.
The ENGINEER shall deliver a minimum of 13 sets of
approved preliminary construction plans to the City's Utility
Coordinator for forwarding to all utility companies, which
have facilities within the limits of the project.
k. Preliminary construction plan submittal
i. Preliminary plans and specifications shall be
submitted to City after approval of Part
B, Paragraph iii (b).
ii. The ENGINEER shall deliver two (2) sets of
preliminary construction plans and two (2) sets of
ENGINEERING AGREEMENT
JANUARY 1,2005
DW
Page 28 of 44
specifications and contract documents to CITY for
review. Generally, plan sheets shall be organized as
follows:
Cover Sheet
General Notes/Legand
Easement layout (if applicable)
Abandonment
Plan & Profile Sheets
Standard Construction Details
Special Details (If applicable)
iii. The ENGINEER shall submit a preliminary estimate
of probable construction cost with the preliminary
plans submitted. ENGINEER shall assist City in
selecting the feasible and/or economical solutions to
be pursued.
I. Review Meetings with City
The ENGINEER shall meet with CITY to discuss review
comments for preliminary submittal. The CITY shall direct the
ENGINEER in writing to proceed with Final Design for Final
Review.
m. Public Meeting
After the preliminary plans have been reviewed and approved
by the City, the ENGINEER shall prepare project exhibits,
provide the CITY with the database listing the names and
addresses of all residents and business to be affected by the
proposed project, and attend public meeting to help explain the
proposed project to residents. The CITY shall select a suitable
location and mail the invitation letters to the affected customers.
3. Final Construction Plan Submittal
a. Final Construction Documents shall be submitted to CITY _ days after
approval of Part B, Paragraph 2 k.
Following CITY approval of the recommended improvements, the
ENGINEER shall prepare final plans and specifications and contract
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 29 of 44
documents to CITY (each plan sheet shall be stamped, dated, and signed
by the ENGINEER registered in State of Texas) 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
The ENGINEER shall submit a final estimate of probable construction cost
with the final plans submitted.
PART C - PRE-CONSTRUCTION ASSISTANCE
Administration
a. Deliver Bid Documents
The ENGINEER will make available for bidding, upon request by the CITY, up to
fifty (50) sets of the final approved and dated plans and specifications and contract
documents for the projects to the CITY for distribution to potential bidders.
Proposal will be delivered in electronic format.
b. Bidding Assistance
The ENGINEER shall assist the CITY during this phase including preparation and
delivery of any additional addenda prior to bid opening to plan holders and respond
to questions submitted to DOE by prospective bidders. Engineer shall attend the
scheduled pre-bid conference.
The ENGINEER shall assist in reviewing the bids for completeness and accuracy.
The ENGINEER shall attend the project bid opening, develop bid tabulations in
hard copy and electronic format and return four (4) copies of the bid tabulation,
along with the contract documents to the City within three (3) working days after
bid openings.
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.
PART D — CONSTRUCTION STAKING (OPTIONAL) (PART D TO BE PRINTED ONLY IF
APPLICABLE)
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 30 of 44
ENGINEER if directed by the City, will set control points (i.e. tie survey to permanent monument
such as TPW monuments and/or property corners, one location each at beginning and end of
project) for the project, establish a minimum of two bench marks per plan sheet (bench marks
shall be located adjacent to project) and also provide the following construction staking services:
1. SANITARY SEWER STAKING: Provide an offset stake at 50' intervals (25' intervals in
curves if required) and at proposed manholes, points of curve, points of tangent, and at all
horizontal of vertical angle points, with a cut to flow line and a cut/fill to top of proposed
manholes. Provide centerline elevation at 50' intervals. Provide location of proposed
services for construction purposes and for as-built purposes. In case the proposed SS line
will be constructed in a location other than the existing line, services will be located by two
options: the TV option which provides a log report of service locations or by locating the
existing service at the time of construction. Stake easements and property lines where
applicable. Line and grade shall be set to a tolerance of +/- 0.01 ft.
2. WATER STAKING: Provide an offset stake at 50' intervals (25' intervals in curves if
required) and at valves, tees, and at all horizontal or vertical angle points with a cut to top
of pipe or flow line of pipe (depending on the proposed size). Provide centerline elevation
at 50' intervals. Provide a location of proposed services for construction purposes and for
as-built purposes. Provide offset location and grade stakes for proposed fire hydrants and
water meters with a cut/fill to the proposed top of curb. Stake easements and property
lines where applicable. Provide property ties to all valves, hydrants, tees, horizontal or
vertical bends and other appurtenances. 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 anything that does not conform with the construction plans.
A drawing of the project layout with dimensions and a coordinate list must be submitted.
A copy of sample field notes that must be provided is attached. The field notes must
include the following information:
a. For sanitary sewer mains, laterals and sewer services,-
Pipe
ervices;Pipe size and type, percent of grade of sewer laterals, manhole locations, ties to
property line including north/south and east/west lines, P.C.'s, P.T.'s or P.R.C.'s,
top of ground elevation and flowline elevation of each station number referenced.
Cut and fill documentation. Property ties to all locations.
b. For water lines;
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 31 of 44
J0 . Ac 11
Pipe size and type, its location in the street along with ties to property lines
and a water intersection sketch. Cut and fill documentation. Property ties to
all service locations.
4. COORDINATION WITH CITY INSPECTOR/CONTRACTOR: Engineer's surveyor is
expected to work with contractor to provide any special requests contractor may have
providing the scope of work described above is not exceeded. It is expected that a few
stakes will be knocked out during dirt work. Providing that the number of disturbed
stakes is minor, the Engineer's surveyor shall replace these stakes at no extra cost. If
additional major restaking is required, the consulting engineer's surveyor, shall provide
the additional work at an hourly rate of$ per hour for a field crew. Major
restaking may be required if a substantial number of the initial stakes are knocked down
as a result of the contractor's activity and there are not enough stakes left to construct
the project. The contractor shall be responsible for paying the consulting engineer for
this additional work. The City inspector assigned to the project shall be responsible for
determining what constitutes minor and major restaking.
5. INCIDENTAL PRE-CONSTRUCTION STAKING: Right-of-way flagging, back of curb
location, curb radii (to determine pole location) for utility clearance.
6. SPECIAL CONDITIONS:
a. The City Inspector assigned to the project shall oversee all construction staking
activity. All documentation including field notes, cut and/or fill notes, grades, "as
staked" information etc., shall be provided to the City 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 meet with City Inspector and Contractor to
coordinate surveying schedule and needs prior to beginning work.
d. The Engineer's Surveyor shall stake each utility separately and at different times
with sanitary sewer first, water second, storm drain third and roadway construction
fourth and shall provide enough construction staking information so that the
projects can be constructed as designed.
e. A member of Engineer's firm familiar with project shall be available at al times to
immediately respond to questions from the field. City inspector shall be responsible
for all field coordination.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 32 of 44
EXHIBIT "A-2"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: PAVING AND/OR DRAINAGE 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 paving and/or storm drain
improvements for the following:
2004 CIP NEIGHBORHOOD STREET PROJECTS FOR
Mesquite Road, Williams Place and Wesley Street
CONTRACT 16
PROJECT NO. 00160
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
PART A— PRE-ENGINEERING
1. Initial Data Collection
a. Pre-Design Coordination Meetings
ENGINEER will attend and document meetings, as required, to discuss and
coordinate various aspects of the project and to ensure that the project stays on
schedule. For purposes of establishing a level of comfort, two (2) meetings are
anticipated. These include the following:
One (1) pre-design kick-off 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, ENGINEER 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, CITY drainage complaint files, existing applicable drainage
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 33 of 44
studies 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, TxDOT and railroads. These entities shall also
be contacted if applicable, to determine plans for any proposed facilities or
adjustment to existing facilities within the project limits. The information
obtained shall be shown on the concept plans. The ENGINEER shall show
the location of the proposed utility lines, existing utility lines and any
adjustments and/or relocation of the existing lines within the project limits.
ENGINEER shall complete all forms necessary for City to obtain permit
letters from TxDOT and railroads and submit such forms to the City. City
shall be responsible for forwarding the forms to the affected agencies for
execution.
2. Schedule Submittal and 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.
PART B - CONSTRUCTION PLANS AND SPECIFICATIONS
1. Conceptual Engineering
i. Surveys for Design
a. ENGINEER will perform field surveys to collect horizontal and vertical
elevations and other information needed by ENGINEER in design and
preparation of plans for the project. Information gathered during the survey
shall include topographic data, elevations of all sanitary and adjacent storm
sewers, rim/invert elevations, location of buried utilities, structures, and
other features relevant to the final plan sheets. Existing drainage at
intersections will be verified by field surveys. Spot elevations will be shown
on intersection layouts with cross slope to fit intersecting grade lines.
b. ENGINEER will provide the following information:
All plans, field notes, plats, maps, legal descriptions, or other
specified documents prepared in conjunction with the requested
services shall be provided in a digital format compatible with the
electronic data collection and computer aided design and drafting
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 34 of 44
software currently in use by the Department of Engineering. All text
data such as plan and profile, legal descriptions, coordinate files, cut
sheets, etc., shall be provided in the American Standard Code for
Information Interchange (ASCII) format, and all drawing files shall be
provided in Autocad (DWG or DXF) format (currently Release 12), or
as otherwise approved in writing by the CITY, and all data collected
and generated during the course of the project shall become the
property of the CITY.
The minimum survey information to be provided on the plans shall
include the following:
1. A Project Control Sheet, showing ALL Control Points, used or
set while gathering data. Generally on a scale of not less than
1:400:
2. The following information about each Control Point;
a. Identified (Existing. City Monument #8901, PK Nail,
5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate
system, and a referred bearing base. Z coordinate on
City Datum only.
C. Descriptive Location (Ex. Set in the centerline of the
inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast corner of North
Side Drive and North Main Street).
3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in
the same coordinate system, as the Control.
4. No less than two horizontal bench marks, per line or location.
5. Bearings given on all proposed centerlines, or baselines.
6. Station equations relating utilities to paving, when appropriate.
ii. Public Notification
Prior to conducting design survey, ENGINEER will notify affected
residents of the project in writing. The notification letter shall be on
company letterhead and shall include the following: project name
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 35 of 44
limits DOE project No., Consultant's Project Manager and phone
no., scope of survey work and design survey schedule. The letter
will be reviewed and approved by the City prior to distribution.
iii. Drainage Computations
ENGINEER will review and document the storm water watershed
drainage runoff area and existing street, right-of-way and storm
sewer capacities for the subject site. A drainage area map will be
drawn at 1" = 200' scale from available contour maps. Calculations
regarding street and right-of-way capacities and design discharges
(5-year and 100-year frequencies) at selected critical locations will
be provided. Capacities of existing storm drain will be calculated
and shown. The ENGINEER's responsibility includes
recommendations for improvements of the existing system as
deemed reasonable and consistent with City standards.
iv. Conceptual Engineering Plan Submittal
a.
onceptual plans shall be submitted to City days after
Notice to Proceed Letter is issued.
b.
he ENGINEER shall furnish four (4) copies of the Phase 1
concept engineering plans which include layouts, preliminary
right-of-way needs and cost estimates for the ENGINEER's
recommended plan. The ENGINEER shall also evaluate the
phasing of the water, sanitary sewer, street and drainage work,
and shall submit such evaluation in writing to the City as a part
of the concept phase of the project.
2. Preliminary Engineering
Upon approval of Part B, Paragraph IV, ENGINEER will prepare construction plans as
follows:
a. Drainage area maps with drainage calculations and hydraulic
computations. Information shown on the plans will be consistent
with Part A, Paragraph 1.b. for proposed condition.
b. Preliminary project plans and profile sheets which will show the following
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 36 of 44
and shall be on 22" x 34" sheets:
Property Ownership
Curb Lines
Driveways
Medians (if applicable)
Sidewalks
Existing and proposed water and sanitary sewer mains.
C. Proposed roadway profile grades and elevations along each curb line;
elevations at all p.v.i.'s; p.i's half stations; high and low points; vertical curve
information; and pertinent AASHTO calculations. Profiles for existing curbs
(if any) and existing ground at the left and right-of-way lines shall be shown.
Existing found property corners (e.g. Iron pins) , along the existing right-of-
way shall be shown on the plans. Profiles for existing and proposed storm
drain mains and leads shall be provided.
d. Existing utilities and utility easements will be shown on the roadway plan
and profile 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.
e. Preliminary roadway cross-sections will be developed, from the survey
notes, at intervals not-to-exceed 50 foot along the project length and will
extend 10' past the right of way line on both sides of the street. Additional
cross-sections at important features including driveways, p.i.'s of
intersecting streets, (minimum distance of 100' along cross-street at each
P.I.) walks, retaining walls, etc., will also be provided. Profiles of centerline
of driveways will also be provided where necessary. Scale will be 1" = 10'
horizontal and V = 2' vertical.
f. Street and intersection layouts.
g. Proposed plan/profile sheets will conform to City of Fort Worth construction
legend. Adequate horizontal and vertical control shall be provided on the
plan sheets to locate all proposed and existing facilities. Legal descriptions
(Lot Nos., Block Nos., and Addition Names) along with property ownership
shall be provided on the plan view.
h. Furnish as a function of final plans, six (6) copies of the final cross-sections
on 22" x 34" sheets. Information on these sheets will include centerline
station, profile grades and centerline elevations, roadway section (existing
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 37 of 44
and proposed), right-of-way limits. Scale will be 1" = 20' horizontal and 1" _
2' vertical with cross sections plotted with stationing from the bottom of the
sheet, and will include laterals and inlets. CITY policy with regard to parking
design shall be maintained. Excavation and embankment volumes and end
area computations shall also be provided.
I. Right-of-Way Research
The ENGINEER will conduct preliminary research for availability of existing
easements where open-cut construction or relocation of existing
alignments is probable. Temporary and permanent easements will be
appropriated based on available information and recommendations will be
made for approval by the City.
ENGINEERING AGREEMENT �,
JANUARY 1,2005 f - 1 55p }'J
Page 38 of 44 `J1y
j. Right-of-way/Easement Preparation and Submittal
Preparation and submittal of right-of-way, easements and rights-of-entry
will be in conformance with "Submittal of Information to Real Property
Division for Acquisition of Property".
k. Utility Clearance Phase
The ENGINEER will consult with the City's Transportation and Publci
Works Department, Water Department, Department of Engineering, and
other CITY departments, public utilities, private utilities, private utilities and
government agencies to determine the approximate location of above and
underground utilities, and other facilities that have an impact or influence
on the project. ENGINEER will design City facilities to avoid or minimize
conflicts with existing utilities.
The ENGINEER shall deliver a minimum of 13 sets of approved preliminary
construction plans to the City's Utility Coordinator for forwarding to all utility
companies, which have facilities within the limits of the project.
I. Preliminary Construction Plan Submittal
i. Preliminary construction plans and specifications shall be submitted
to CITY 90 days after approval of Part B, Paragraph iv.
ii. The ENGINEER shall deliver two (2) sets of preliminary
construction plans and two (2) specifications to CITY for review.
Generally, plan sheets shall be organized as follows:
Cover Sheet
General Layout and Legend Sheet
Drainage Area Map and Computations
Plan & Profile Sheets
Standard Construction Details
Special Details (If applicable)
iii. Preliminary estimate 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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 39 of 44
i
M. 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.
n. Public Meeting
After the preliminary plans have been reviewed and approved by the City,
the ENGINEER shall prepare project exhibits, provide the CITY with the
database listing the names and addresses of all residents and business to
be affected by the proposed project, and attend public meeting to help
explain the proposed project to residents. The CITY shall select a suitable
location and mail the invitation letters to the affected customers.
3. Final Construction Plan Submittal
a. Final Construction Documents shall be submitted to CITY 50 days after
approval of Part B, Paragraph 2 (b).
Following CITY approval of the recommended improvements, the ENGINEER
shall prepare final plans and specifications and contract documents to CITY
(each plan sheet shall be stamped, dated, and signed by the ENGINEER
registered in State of Texas) 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
The ENGINEER shall submit a final estimate of probable construction cost
with the final plans submitted.
PART C - PRE-CONSTRUCTION ASSISTANCE
Administration
a. Bid Documents Submittal
The ENGINEER will make available for bidding, upon request by
the CITY, up to fifty (50) sets of the final approved and dated plans
and specifications and contract documents for the projects to the
CITY for distribution to potential bidders. Proposal will be provided
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 40 of 44
in electronic format.
b. Bidding Assistance
The ENGINEER shall assist the CITY during this phase including
preparation and delivery of any additional addenda prior to bid
opening to plan holders and respond to questions submitted to
DOE by prospective bidders. Engineer shall attend the scheduled
pre-bid conference.
The ENGINEER shall assist in reviewing the bids for completeness
and accuracy. The ENGINEER shall attend the project bid opening,
develop bid tabulations in hard copy and electronic format and
return four (4) copies of the bid tabulation, along with the contract
documents to the City within three (3) working days after bid
openings.
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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 41 of 44
PART D — CONSTRUCTION STAKING (OPTIONAL) (PART D TO BE PRINTED ONLY IF
APPLICABLE)
ENGINEER, if directed by City, will set control points (i.e. tie survey to permanent
monument such as TPW monuments and/or property corners, one location each at
beginning and end of project) for the project, these points must be indivisible. Streets over
500 ft or streets on curves may require a greater density of control points to maintain
intervisibility between each point. ENGINEER 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. STORM DRAIN STAKING: Provide an offset stake at 100' intervals (50' intervals in
curves if required) and at all proposed manholes, points of curve, points of tangent, points
of pipe size changes and at all horizontal or vertical angle points with a cut to flow line and
a cut/fill to the top of proposed manholes. Provide centerline elevation at 100' intervals and
at all grade breaks in the natural ground. Lead lines shall also be staked with grades if
greater than 50' in length, or where substantial alignment and/or grade are needed.
Provide two offset stakes at end or each wing of each curb inlet with a cut to flow line and
a cut/fill to the top of curb elevation. Line and grade shall be set to a tolerance of +/- 0.1 ft.
for storm drain pipe and +/- 0.04 ft. for curb inlets.
2. ROADWAY EXCAVATION STAKING: Provide 10' or property line offset at 50' intervals
and at all points of curve, points of tangent, and at all horizontal or vertical angle points
with a cut/fill to the top of proposed curb. The right-of-way shall also be flagged during this
process along with line and grade stakes for excavation purposes. Stake all vertical and
horizontal curves at 50' intervals. Line and grade shall be set to a tolerance of +/- 0.1 ft.
3. FINAL ROADWAY STAKING: Provide 4' or 5' offset stakes at 50' intervals and at all
points of curve, points of tangent, and at all horizontal or vertical angle points with a cut/fill
to the top of proposed curb. Staking for curb grade and intersecting streets, if required,
shall be performed under final pavement staking. Inlets shall be staked if needed. Set
tucks in offset hubs for street alignment. Stake all vertical and horizontal curves at 50'
intervals and provide intermediate stakes between curve points, if the radius is less than
300'. Line and grade shall be set to a tolerance of+/- 0.01 ft.
4. "AS STAKED" RECORD OF THE CONSTRUCTION: Throughout the process of all
construction, locate and record anything that does not conform with the construction plans.
A drawing of the project layout with dimensions and a coordinate list must be submitted.
Contact Kevin Hansen, Survey Division, DOE, (817) 392-8880, for a copy of sample field
notes that must be submitted. The contractor will not be allowed to proceed un,i a1T--
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 42 of 44 1. %
necessary field notes have been submitted to the City Inspector. The field notes must
include the following information:
a. For storm drain lines and storm drain laterals;
Pipe size and type, percent of grade of laterals and location of inlets. Cut and fill
documentation.
b. For roadways;
Field notes signed and sealed by a licensed surveyor must be submitted to the City
Inspector prior to the beginning of construction.
5. COORDINATION WITH CITY INSPECTOR/CONTRACTOR: Engineer's surveyor is
expected to work with inspector and contractor to provide any special requests contractor
may have providing the scope of work described above is not exceeded. It is expected that
a few stakes will be knocked out during dirt work. Providing that the number of disturbed
stakes is minor (less than 10% of the stakes for any phase of the project), the Engineer's
surveyor shall replace these stakes at no extra cost. If additional major restaking is
required, the consulting engineer's surveyor, shall provide the additional work at an hourly
rate of $ per hour for a field crew. Major restaking may be required if a
substantial number of the initial stakes are knocked down as a result of the contractor's
activity and there are not enough stakes left to complete the project. The contractor shall
be responsible for paying the consulting engineer for this additional work.
6. INCIDENTAL PRE-CONSTRUCTION STAKING: Right-of-way flagging, back of curb
location, driveways, walks and retaining walls as requested by the City Inspector, curb radii
(to determine construction location) for utility clearance.
7. SPECIAL CONDITIONS:
a. The City 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/or fill notes, grades, "as staked" information etc., shall
be provided to the City 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 meet with City Inspector and Contractor to
coordinate surveying schedule and needs prior to beginning work.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 43 of 44
d. The Engineer's Surveyor shall stake each utility separately and at different times
with, if applicable, sanitary sewer first, water second, storm drain third and roadway
construction fourth and shall provide enough construction staking information so
that the projects can be constructed as designed.
e. A member of Engineer's firm familiar with project shall be available at all times to
immediately respond to questions from the field.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 44 of 44 V J l' ;S 1'v j;a ;:.,
Vl U<GLo
ATTACHMENT "B"
COMPENSATION&SCHEDULE
MESQUITE ROAD,WILLIAMS PLACE AND WESLEY STREET RECONSTRUCTION
Water,Sanitary Sewer, Paving & Drainage
DOE Contract No. 16 , BHB No 2004.172.000
Year two 2004 CIP Contract: City Project No. 00160
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of$93,693 as summarized in
Exhibit"B-3". Payment of the total lump sum fee shall be considered full compensation of
the services described in Attachment"A", Exhibit"A-1", and Exhibit"A-2"for all labor
materials, supplies and equipment necessary to complete the project.
B. The Engineer shall be paid monthly, as Described Exhibit"13-1", Section 1—Method of
Payment. 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
Design Services for this project shall be completed within 160 Calendar Days after issuance of a
"Notice to Proceed"from the City of Fort Worth Department of Engineering.
Conceptual Engineering Plans - 30 Weekdays Days
Preliminary Engineering and Contract Documents- 60
Final Engineering Plans and Contract Documents- 30
Final Plans &Contract Documents for Advertisement- 15
III. Construction Cost
A. If the Engineer determines in the course of making design drawings and specifications that the
construction cost estimate of 891,000 (as estimated on Exhibit"13-4") will be exceeded,
whether by change in the scope of the project, increased costs or other conditions, the Engineer
shall immediately report such fact to the City's Director of the Department of Engineering and, if
so instructed by the Director of the Engineering Department shall suspend all work hereunder.
EXHIBIT"B-1"
(Supplement to Attachment B)
METHOD OF PAYMENT
MESQUITE ROAD,WILLIAMS PLACE AND WESLEY STREET RECONSTRUCTION
Water, Sanitary Sewer, Paving & Drainage
DOE Contract No. 16 , BHB No 2004.172.000
Year two 2004 CIP Contract: City Project No. 00160
I. Method of Payment
The Engineer shall be paid the monthly partial payments upon the 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:
Not more than 30%of the total lump sum fee, shall be payable until the satisfactory completion and
approval of Exhibit"A-1" &"A-2" , Part B, Section 1, Concept Design submittal.
Not more than 60% of the total lump sum fee, shall be payable the satisfactory completion and
approval of Exhibit"A-1" &"A-2, Part B, Section 2, Preliminary Engineering and Preliminary
Construction Plan submittal.
Not more than 90% of the total lump sum fee, shall be payable until the satisfactory completion and
approval of Exhibit"A-1" & "A-2", Part B, Section 3, Final Engineering and Final Construction Plan
submittal and approval.
The balance of the earnings, less previous payments, shall be payable after the successful
completion of Exhibit"A-1" &"A-2", Part C, Pre-Construction Meeting.
Il. Progress Reports
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 15th of every month in the
format required by the City.
3
EXHIBIT"B-2"
(Supplement to Attachment B)
HOURLY RATE SCHEDULE
MESQUITE ROAD,WILLIAMS PLACE AND WESLEY STREET RECONSTRUCTION
Water, Sanitary Sewer, Paving & Drainage
DOE Contract No. 16 , BHB No 2004.172.000
Year two 2004 CIP Contract: City Project No. 00160
I. Hourly Rate Schedule
Employee Classification Rate Employee Classification Rate
Principal (PE or RPLS) $150/Hr, Surveyor(RPLS) $100/Hr
Project Manager(PE) $120/Hr, Survey Technician $75/Hr
Senior Engineer(PE) $110/Hr, Robotics Survey Crew $95-$110/Hr
Engineer(EIT/PE) $85-$100/Hr, GPS Survey Crew $110-$135/Hr
CAD/Drafting $50/Hr, Clerical $45/Hr
All direct expenses and reproduction costs shall be charged at current commercial rates and invoiced at
cost plus ten (10%) percent. Sub-consultant work will also be invoiced at cost plus 10%.
EXHIBIT "B-3A"
(Supplement to Attachment B)
SUMMARY OF TOTAL PROJECT FEES
MESQUITE ROAD, WILLIAMS PLACE AND WESLEY STREET RECONSTRUCTION
Water, Sanitary Sewer, Paving & Drainage
DOE Contract No. 16 , BHB No 2004.172.000
Year two 2004 CIP Contract: City Project No. 00160
Consulting Firm Prime Responsibility Amount Percent
Prime Consultant
Baird, Hampton, & Brown Engineering, & Project Management $ 72,078 76.9%
M/WBE Consultants
ANA Consultants Surveying $ 14,320 15.3%
M/WBE Consultants
Trevino & Associates Reproduction $ 7,295 7.8%
Non M/WBE Consultants
None Not Applicable $ 0 0%
Total for Professional Services $ 93,693 100%
Project Description Scope of Services Total Fee M/WBE Fee Percent
Professional Services Water, Sewer, Paving & Drainage $ 93,693 $21,615 23.1%
�r
7i
EXHIBIT "13-313"
(Supplement to Attachment B)
PROFESSIONAL SERVICES FEE SUMMARY
MESQUITE ROAD,WILLIAMS PLACE AND WESLEY STREET RECONSTRUCTION
Water, Sanitary Sewer, Paving & Drainage
DOE Contract No. 16 , BHB No 2004.172.000
Year two 2004 CIP Contract: City Project No. 00160
A. Basic Services:
Professional fees for Basic Services are determined per the procedures outlined in"A Manual of Practice for
Engaging the Services of a Consulting Engineer", published in 1982 by the Consulting Engineers Council
and the Texas Society of Professional Engineers. Proposed fees are based upon Curve "A", which has
been established for water distribution lines under 16"-diameter and sanitary sewer collection lines under
24"-diameter. Curve"A" has also been determined appropriate for roadway reconstruction projects;whereas
Curve "B" is appropriate for new roadway construction. The significant constraints (existing driveways,
parkway enhancements, intersecting streets, etc.) associated with a reconstruction project justify the use of
Curve"A"over Curve"B".
Part A-Conceptual Design, and Part B- Plans & Specifications
Transportation & Public Works: (Construction Cost X ASCE Curve"A"X 85%)
Paving & Drainage $536,500 .7%X 85%_ $35,114
Water Department: (Construction Cost X ASCE Curve"A"X 85%)
Water Improvements $175,400 X 7.7%X 85%_ $ 11,480
Sanitary Sewer Improvements $179,100 X 7.7%X 85% $ 11,722
$23,202
T&PW and Water: Basic Services Total $58,316
B. Additional Services:
Transportation & Public Works:
Erosion Control Plans &SW3P =$ 2,600
Meetings & Reports =$ 1,520
Printing & Reproduction Subtotal =$ 3,116
Administrative (10%) Fee on M/WBE Firms =$ 1,200
Additional Services Subtotal =$ 8,436
Water Department:
Erosion Control Plans & SW3P =$ 2,600
Meetings & Reports =$ 1,520
Printing & Reproduction Subtotal =$ 4,179
Administrative (10%) Fee on M/WBE Firms =$ 962
Coordinate With Franchise Utilities =$ 2,320
Prepare Color Coded Utility Map =$ 1,040
Additional Services Subtotal =$ 12,621
T&PW and Water: Additional Services Total =$21,057
EXHIBIT "13-313"- CONTINUED
(Supplement to Attachment B)
PROFESSIONAL SERVICES FEE SUMMARY
MESQUITE ROAD,WILLIAMS PLACE AND WESLEY STREET RECONSTRUCTION
Water,Sanitary Sewer, Paving &Drainage
DOE Contract No. 16 , BHB No 2004.172.000
Year two 2004 CIP Contract: City Project No. 00160
C. Summary of Total Fee
Service Description Water Sewer tPayinq Total
Engineering Services $ 16,576 $ 16,824 $ 24,916 $ 58,316
Surveying Services $ 3,161 $ 3,209 $ 7,950 $ 14,320
Additional/Other $ 3,818 $ 3,870 $ 6,074 $ 13,762
Reproduction $ 2,074 $ 2,105 $ 3,116 $ 7,295
$ 25,629 $ 26,008 $ 42,056 $ 93,693
Breakdown of Water, Sewer, and Paving Fees:
1.Total Water Fee (less surveying) = $ 22,468
Concept (30%) $ 6,740
Preliminary(60%) $ 13,481
Final (10%) $ 2,247
2.Total Sewer Fee (less surveying) = $ 22,799
Concept (30%) $ 6,840
Preliminary(60%) $ 13,679
Final (10%) $ 2,280
3. Paving Fee(less surveying) _ $ 34,106
Concept (30%) $ 10,232
Preliminary(60%) $ 20,464
Final (10%) $ 3,410
EXHIBIT "B-3C"
(Supplement to Attachment B)
FEES FOR SURVEYING SERVICES
MESQUITE ROAD,WILLIAMS PLACE AND WESLEY STREET RECONSTRUCTION
Water, Sanitary Sewer, Paving & Drainage
DOE Contract No. 16 , BHB No 2004.172.000
Year two 2004 CI Contract: City Project No. 00160
Surveying Services (ANA Consultants):
Paving
Topographic Surveys 2733 LF X$2.25 =$ 6,150
Right-of-Entry Agreements 72 EA X$25/EA =$ 1,800
Water
Topographic Surveys 2585 LF X$1.25 =$ 3,231
Sanitary Sewer
Topographic Surveys 2511 LF X$1.25 = 3,139
Total for Surveying Services by ANA =$14,320
EXHIBIT "13-31)"
(Supplement to Attachment B)
ADDITIONAL SERVICES
MESQUITE ROAD, WILLIAMS PLACE AND WESLEY STREET RECONSTRUCTION
Water, Sanitary Sewer, Paving & Drainage
DOE Contract No. 16 , BHB No 2004.172.000
Year two 2004 CIP Contract: City Project No. 00160
Additional Services:
Transportation & Public Works and Water Department:
Prepare SW3P W/NOI & NOT $150/Hr X 8 Hrs $ 1,200
$100/H r X 40 Hrs 4,000
$ 5,200
Prepare Monthly Progress Reports $120/Hr X 0.5 Hrs X 8 $ 480
$100/Hr X 2 Hrs X 8 1,600
$ 2,080
Attend Public/Neighborhood Meetings $120/Hr X 8 Hrs 960
$ 960
Coordinate With Franchise Utilities $120/Hr X 6 Hrs $ 720
$100/Hr X 16 Hrs 1,600
$ 2,320
Prepare Color Coded Utility Map $120/Hr X 2 Hrs $ 240
$100/Hr X 8 Hrs 800
$ 1,040
Administrative (10%) fee Survey $ 1,432
on M/WBE Firms Reproduction 730
$ 2,162
Total for Additional Services $ 13,762
Transportation & Public Works: $ 5,881
Water Department (Water& Sanitary Sewer): $ 7,881
EXHIBIT "B-3E"
(Supplement to Attachment B)
FEE FOR REPRODUCTION SERVICES
MESQUITE ROAD,WILLIAMS PLACE AND WESLEY STREET RECONSTRUCTION
Water, Sanitary Sewer, Paving & Drainage
DOE Contract No. 16 , BHB No 2004.172.000
Year two 2004 CIP Contract: City Project No. 00160
Printing & Reproduction
Transportation & Public Works and Water Department:
Conceptual Design Report
4 Sets of Report $0.20/Pg X 25 Pg/Report X 4 = $ 20
Preliminary& Utility Clearance Plans
16 Sets of Constr. Plans $2.00/Sht X 26 Sht/Plan X 16 = $ 832
2 Sets of Specifications $0.20/Sht X 250 Pg/Spec X 2 = $ 100
Final Plans
4 Sets of Constr. Plans $2.00/Sht X 26 Sht/Plan X 4 = $ 208
4 Sets of Specifications $0.20/Sht X 250 Pg/Spec X 4 = $ 200
Bid Documents
50 Sets of Constr. Plans $2.00/Sht X 26 Sht/Plan X 50 = $2,600
50 Sets of Specifications $0.20/Sht X 250Pg/Spec X 50 = $2,500
Mounted Exhibits for Public Meetings
1 Drawings $35.00/Board X 10 Each = $ 350
Final Mylars for Record Purposes
1 Set of Plans $10/Sht X 26 Sht/Plan X 1 = $ 260
Color Coded Utility Map
3 Drawings $75/Sht X 3 Sht = $ 225
Printing & Reproduction Subtotal = $7,295
Transportation & Public Works = $3,116
Water Department (Water& Sanitary Sewer): _ $4,179
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ATTACHMENT"C"
AMENDMENTS TO STANDARD AGREEMENT &ATTACHMENT "A"
MESQUITE ROAD,WILLIAMS PLACE AND WESLEY STREET RECONSTRUCTION
Water, Sanitary Sewer, Paving & Drainage
DOE Contract No. 16 , BHB No 2004.172.000
Year two 2004 CIP Contract: City Project No. 00160
Items and services which have been, at this time, excluded from BHB's scope of work:
Standard Agreement for Engineering Services
Article IV, Paragraph G. Construction Progress Payments
Article IV, Paragraph H. Record Drawings
Attachment"A", General Scope of Services
Phase 4, 22) Site Visits (during construction to report on progress)
Phase 4, 26) Record Drawings
Exhibit"A-1", Supplemental Scope of Services
Part B, 3.c.3 PDF File
Part B, 3.c.4 PDF File Submittal
Exhibit"A-2", Supplemental Scope of Services
Part B, 3.c.3 PDF File
Part B, 3.c.4 PDF File Submittal
Attachment"D"
Project Schedule
Mesquite Road,Williams,Place and Wesley Street Reconstruction
Water,Sanitary Sewer,Paving Drainage
DOE Contract 00160,BHB No.2004.172.000
Projected Projected
ID Task Name Duration Start Date Finish Date Start Date lFinish Date
1 Mesquite Road,Williams Place&Wesley Street Reconstruction 395 days 17-Feb-05 23-Aug-06
2 Design 170 days 17-Feb-05 12-Oct-05
3 Part A:Pre-Engineering 8 days 17-Feb-05 28-Feb-05
4 Research&Data Collection 4 days 17-Feb-05 22-Feb-05
5 Coordination w/Others/Utilities 4 days 23-Feb-05 28-Feb-05
6 Part B:Construction Plans 170 days 17-Feb-05 12-Oct-05
7 Phase 1:Conceptual Design(30 Design Days) 40 days 17-Feb-05 13-Apr-05
8 Concept Plans&Recommendations 25 days 17-Feb-05 23-Mar-05
9 Conceptual Cost Estimate 5 days 24-Mar-05 30-Mar-05
10 Submit Concept Report 0 days 30-Mar-05 30-Mar-05
11 City Review&Comment 10 days 31-Mar-05 13-Apr-05
12 Phase II:Preliminary Engineering(60 Design Days) 130 days 14-Apr-05 12-Oct-05
13 Drainage Area Maps&Calculations 10 days 14-Apr-05 27-Apr-05
14 Roadway Plan&profile Sheets 20 days 28-Apr-05 25-May-05
15 Water&Sewer P&P 15 days 26-May-05 15-Jun-05
16 Construction&Miscelaneous Details 5 days 16-Jun-05 22-Jun-05
17 Preliminary Contract Documents&Specifications 5 days 23-Jun-05 29-Jun-05
18 Preliminary Construction Cost Estimate 5 days 30-Jun-05 6-Jul-05
19 Submit Preliminary Plans,Specifications,&Estimate 0 days 6-Jul-05 6-Jul-05
20 City Review&Comment 10 days 7-Jul-05 20-Jul-05
21 Franchise Utility Relocations 60 days 21-Jul-05 12-Oct-05
22 Phase III:Final Engineering(30 Design Days) 40 days 21-Jul-05 14-Sep-05
23 Final Construction Plans 20 days 21-Jul-05 17-Aug-05
24 Final Contract Documents&Specifications 5 days 18-Aug-05 24-Aug-05
25 Final Cost Estimates 5 days 25-Aug-05 31-Aug-05
26 Submit Final Plans,Specifications,&Estimate 0 days 31-Aug-05 31-Aug-05
27 City Review&Comment 10 days 1-Sep-05 14-Sep-05
28 Construction 245 days 15-Sep-05 23-Aug-06
29 Part C:Construction Assistance 245 days 15-Sep-05 23-Aug-06
30 Prepare&submit Bid Documents 15 days 15-Sep-05 5-Oct-05
31 Provide Bidding Assistance 30 days 6-Oct-05 16-Nov-05
32 Award Project&Issue NTP 45 days 17-Nov-05 18-Jan-06
33 Pre-Construction Meeting 0 days 18-Jan-06 18-Jan-06
34 Neighborhood Meeting 0 days 25-Jan-06 25-Jan-06
35 Construct Water&Sewer Improvements 50 days 26-Jan-06 5-Apr-06
36 Construct Paving&Drainage Improvements 100 days 6-Apr-06 23-Aug-06
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M&C Request Review Page 1 of 3
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COUNCIL ACTION: Approved on 5/10/2005 - Ord. #16425-05-2005
DATE: 5/10/2005 REFERENCE NO.: **C-20714 LOG NAME: 30MESQUITE00160
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Adoption of Appropriation Ordinance and Authorize Execution of Engineering Agreement with
Baird, Hampton & Brown, Inc. for Pavement Reconstruction and Water and Sanitary Sewer Main
Replacements on Portions of Mesquite Road, Williams Place and Wesley Street (City Project No.
00160)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$58,413.56 from the Water and Sewer Operating Fund to the Water Capital
Project Fund in the amount of$28,995.00 and Sewer Capital Project Fund in the amount of$29,418.56;
2. Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Water Capital
Project Fund in the amount of$28,995.00 and the Sewer Capital Project Fund in the amount of$29,418.56,
from available funds; and
3. Authorize the City Manager to execute an engineering agreement with Baird, Hampton & Brown, Inc. in the
amount of$93,6,93 for pavement reconstruction and water and sanitary sewer main replacement on Mesquite
Road (Kimbo Road to Chesser Boyer Road), Williams Place (Tom Ellen Street to Chesser Boyer Road) and
Wesley Street (Cindy Drive to Fossil Drive).
DISCUSSION:
The 2004 Capital Improvement Program (CIP) includes funds for pavement reconstruction, and the Water
and Sewer Operating Fund includes funds for water and sanitary sewer main replacement on Mesquite Road
(Kimbo Road to Chesser Boyer Road), Williams Place (Tom Ellen Street to Chesser Boyer Road), and
Wesley Street (Cindy Drive to Fossil Drive).
This project consists of the preparation of plans and specifications for the replacement of water and sanitary
sewer mains and pavement reconstruction on the above-identified streets.
Baird, Hampton & Brown, Inc. proposes to perform the necessary design work for a lump sum fee of$93.693.
City Staff considers this fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount $15,990.00 (water: $3,366.00; sewer: $3,411.00; and streets: $9,213.00) is
required for project management by the Engineering Department.
Baird, Hampton & Brown, Inc. is in compliance with the City's M/WBE Ordinance by committing to 23%
M/WBE participation. The City's goal on the project is 18%.
http://www.cfwnet.org/council_packet/mc review.asp?ID=3702&councildate=5/10/2005 5/17/2005
M&C Request Review Page 2 of 3
This project is located in COUNCIL DISTRICT 4, Mapsco 49Z, 50W and 64A.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and completion of recommendation 1, and the adoption of
the appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the
Water Capital Project Fund, the Sewer Capital Project Fund and the Street Improvement Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1&2)P253 472045 604170016000 $2.8,995.00 1)PE45 538070 0604020 $28,995._00
1&2)P258 4.72045 704170016000 $2__9,418.56 1_)PE45538070 0704020 $29,418._56
2)P253 531350 6041700.1.6010 $204.00 3)P253__531200 604170016031_ $6,740.00
2P253. 531.350 604170016020 $204.00 3)P253 531200 _604170016032 $13,481.00
ZT 53__ 531.350 604170016031 $765.00 3)P253.531200 604170016033 $2,247.00
2)P253.531200 604170016031 $6,740.00 3)P253 _531200.6041.70016051 $3,161.00
2)P253_531350 604170016032 $1,530.00 3)P258 53120.07041.700160.31 $6,840.00
2)P253 531.200 604170016032 $13,481.00 3)P258 .531200 704170016032 $13,679.00
2)_P253 531350 604170016033 $255.00 3)P258 531200 704170016033 $2,280.00
2)P253 531200 604.170016033 $2,247.00 3)P258 531200 70417001 _6051 $3,209.00
2)P253 531200 604170016051 $3,1.61.00 3)C200 _531200 204400016031 $10,232.00
2)P253 531350 604170.0.16060 $204.00 3)C200. 531200 204_400016032 $20,464.00
2)P253 53301.0 604170016081 $204.00 3)C200 531200 204400016033 $3,41.0_.00
2 P) 258 53.1.350 704170016010 $206.70 3)C200 531200 204400016051 $7,950.00
2)P258 5313.50 704170016020 _ 206.70
2)P258__531350 704170016031 $775.13
2 P) 258 531200 704170016031_ $6,840.00
2)P258531350 704170016.032 $1,550.25
2)P258 531200 704.1.70016032 _$_13,679.00
2)P258 __531350 704170016033 $258,38
2)P258 531200 70417001603.3_ $2,280.00
2)P258 531200 70.4170016051 3 209.00
2)P258 531350704170016060 $206.70
2)P258 533010 70417001.6081 $206.70
Submitted for City Manager's Officeby Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
littp://www.cfwnet.org/council_packet/mc_review.asp?ID=3702&councildate=5/10/2005 5/17/2005
M&C Request Review Page 3 of 3
ATTACHMENTS
30Mesquite00160.pdf
http://www.cfwnet.org/council_packet/mc_review.asp?ID=3702&councildate=5/10/2005 5/17/2005