HomeMy WebLinkAboutContract 33830 CITY SECRETANY
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CITY OF FORS'WORTH, TEXAS CONTRACT NO.
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Teague Nall &
Perkins, Inc., (the "ENGINEER"), for a PROJECT generally described as: Sanitary Sewer
Rehabilitation Contract LXXIV(74).
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full, including interest. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
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Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work
to be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in
Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the total
PROJECT cost and/or execution. These conditions and costlexecution
effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible plastic film sheets, or as otherwise approved by CITY, which
shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for
the use of such drawings for any project other than the PROJECT described
herein.
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the Contract
Documents and any health or safety precautions required by such construction
work. The ENGINEER and its personnel have no authority to exercise any
control over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress or
quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on-site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT. If,
for any reason, the ENGINEER should make an on-site observation(s), on the
basis of such on-site observations, if any, the ENGINEER shall endeavor to
keep the CITY informed of any deviation from the Contract Documents coming
to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or quality of performance by third parties; quality, type, management,
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules 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/WDE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the MA/VBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to examine
and photocopy any directly pertinent books, documents, papers and records of
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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. ENGINEEWs 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 on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non-owned when said vehicle is used in the
course of the PROJECT.
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Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$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 shall be written on a claims-made Iasis and shall
contain a retroactive date prior to the date of the contract or the first date of
services to be performed, whichever is earlier. Coverage shall be maintained
for a period of 5 years following the completion of the contract. An annual
certificate of insurance specifically referencing this project shall be submitted
to the City for each year following completion of the 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
in 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 forty-five (45) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
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(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 flavor 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
in writing.
(j) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be coincident with or prior
to the date of the contractual agreement. The certificate of insurance
shall state both the retroactive date and that the coverage is claims-
made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
(1) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
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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 o 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
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perform, at no cost to the ENGINEER, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in
connection with the ENGINEER's services. The CITY will be responsible for all
acts of the CITY's personnel.
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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.
(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.
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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 Risidlnstallation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. in the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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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 CITY shall own the final
designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control
of the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
C.) The time requirements for the ENGINEER'S personnel to document the
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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 fork
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.
E. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and subcontractors
in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared between
the ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence for
indemnification. Parties mean the CITY and the ENGINEER, and their officers,
employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
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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.
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.
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Article vi i
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—O , 2006.
ATTEST: CITY—QF FORT WW
OR ,,,
I) I
Marty endrix Marc A. Ott
City Secretary Assistant City anager
rp
- ___-_ APPROVAL RECOMMENDED
Contrast Authorization
UA. Douglas Radeemmaker, P.E.
tate Director, Engineering Department
IAPPR. AST 1511ND LEGALITY
Assistant it�Attorney eor
TEAGUE HALL& PERKINS. INC.
ENGINEER
By: W ,
Ty Hi on, P.E.
Vice President
V ,r,-V 1_
STANDARD ENGINEERING AGREEMENT(REV 10/06105)
Page 14 of 14
ATTACHMENT"A"
General Scope of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in the supplemental Scope of Services. In cases of conflict between the
Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope
of Services shall have precedence over the General Scope of Services."
GENERAL
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of
the City regarding the scope of project so that the plans and 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.
6) Plein 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 fumished on the appropriate City forms in a
minimum of four(4) copies each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans
and Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to
any proposed utility liens or adjustment to existing utility lines within the project limits.
The information obtained shall be shown on the conceptual plans. The Engineer shall
show on the preliminary and final plans the location of the proposed utility lines,
existing utility lines, based on the information provided by the utility, and any
adjustments and/or relocation of the existing lines within the project limits. The
Engineer shall also evaluate the phasing of the water, wastewater, street and drainage
work, and shall submit such evaluation in writing to the City as part of this phase of the
project.
-2-
10) Conceptual Plans
The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans
which include layouts, preliminary right-of-way needs and preliminary estimates of
probable construction costs for the Engineer's recommended plan. For all submittals,
the Engineer shall submit plans and documents for street/storm drain and
water/wastewater facilities. The Engineer shall receive written approval of the Phase 1
Plans from the City's project manager before proceeding with Phase 2.
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans
and five (5) copies of the preliminary technical specifications for review by the City and
for submission to utility companies and other agencies for the purposes of coordinating
work with existing and proposed utilities. The preliminary construction plans shall
indicate location of existing/proposed utilities and storm drain lines. The Engineer shall
receive written approval of the Phase 2 plans from the City's project manager before
proceeding with Phase 3.
PHASE 3
13) Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
14) Detailed Cost Estimate
The Engineer shall furnish four(4) copies of detailed estimates of probable construction
costs for the authorized construction project, which shall include summaries of bid items
and quantities.
15) Plans and Specification /approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state and federal
laws and with applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies. The Engineer shall receive written approval of the
Phase 3 plans from the City's project manager before proceeding with Phase 4.
-3-
PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction
plans and contract specifications. The approved plans and contract specifications shall
be used as authorized by the City for use in obtaining bids, awarding contracts, and
constructing the project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the
bidding documents, and assist the owner in determining the qualifications and
acceptability of prospective constructors, subcontractors, and suppliers. When substitu-
tion prior to the award of contracts is allowed by the bidding documents, the Engineer
will advise the owner as to the acceptability of alternate materials and equipment
proposed by the prospective constructors.
16) 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.
23) Shop Drawing Review
The Engineer shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratory, shop, and mill
test reports on materials and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the acceptability
of the work, at the request of the City.
25) Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field
conditions encountered.
26) Record Drawings
The Engineer shall prepare record drawings from information submitted by the
contractor.
-5-
1
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: !NATER AND/OR SANITARY SEDER 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:
SANITARY SEINER REHABILITATION CONTRACT LXXIV(74)
CITY PROJECT NO. 00360
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 the Tax Assessor's
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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.
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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
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 surreys 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
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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
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).
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3. Coordinates on all P.C.'s, P.T.'s, P.I.'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
sewer service line is to be relocated or rerouted.
ii. Public Notification and Personnel/Vehicle Identification
a. 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.
b. When conducting site visits to the project location, the
ENGINEER or any of its sub-consultants shall carry readily
visible information identifying the name of the company and the
company representative. All company vehicles shall also be
readily identifiable.
iii. Conceptual Engineering Plan Submittal
a. 'Conceptual plans shall be submitted to City 60 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
EA1-5
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�"r:u I ,,
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.
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
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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
dines 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
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.
EA1-7
Rev 11/02/05
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 45 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
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
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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 30 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
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
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V
The ENGINEER shall submit a final estimate of probable construction cost
with the final plans submitted.
C. Mylar Submittals
The ENGINEER shall submit a final set of mylar drawings for record
storage as follows:
1. Water and sanitary sewer plans shall be submitted as one
set of plans. Water and sanitary sewer plans shall be
separate from paving and drainage plans. All sheets shall
be standard size (22" x 34") with all project numbers
(Water/Sanitary Sewer and TPW) prominently displayed.
2. For projects where paving/grating/drainage improvements
occur on a Water Department funded project with no T&PW
funding involved, a separate set of mylars with cover sheet
shall be submitted for TPW.
3. Signed plans sets shall also be submitted as an Adobe
Acrobat PDF format (version 6.0 or higher) file. There
shall be one (1) PDF file for the Water plan set and a
separate PDF file for the TPW plan set. Each PDF file shall
contain all associated sheets of the particular plan set.
Singular PDF files for each sheet of a plan set will not
be accepted. PDF files shall conform to naming
conventions as follows:
I. Water and Sewer file name example — "X-
35667—org36.pdf' where "X-35667" is the
assigned file number obtained from the City of Fort
Worth, "—org" designating the file is of an original
plan set, "36" shall be the total number of sheets in
this file.
Example: X-12755—org18.pdf
II. TPW file name example — "W-1956—org47.pdf'
where "W-1956" is the assigned file number
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obtained from the City of Fort Worth, "_org"
designating the file is of an original plan set, "47"
shall be the total number of sheets in this file.
Example: W-0053_org3.pdf and K-0320_org5.pdf
Both PDP files shall be submitted on one (1) Compact Disk, which will
become property of and remain with the City of Fort Worth. Floppy disks,
zip disks, e-mail flash media will not be accepted.
4. For information on the proper manner to submit PDF files
and to obtain a file number for the project, contact the
Department of Engineering Vault at telephone number (817)
392-8426. File numbers will not be issued to a project
unless the DOE number and proper fund codes have been
assigned and are in the Department of Engineering
database.
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
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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.
EAI-12
Rev 11/02/05
ATTACHMENT "B"
COMPENSATION AND PAYMENT SCHEDULE
Engineering Design Services Associated With
SANITARY SEWER REHABILITATION CONTRACT LXXIV (74)
CITY PROJECT NO. 00360
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $202,705 as
summarized in Exhibit "B-3". Payment of the total lump sum fee shall be
considered full compensation for the services described in Attachment "A" and
Exhibit "A-1" for all labor materials, supplies, and equipment necessary to
complete the project. All permitting, application, and similar project fees will be
paid directly by the City.
B. The Engineer shall be paid monthly as described in Exhibit "B-1", Section I —
Method of Payment.
C. Each invoice is to be verified as to its accuracy and compliance with the terms of
this contract by an officer of the Engineer.
11. Schedule
Final Plans and Contract Documents for bid advertisement shall be submitted
within 207 working days after the "Notice to Proceed" letter is issued based on
the following schedule.
A. Conceptual Engineering Plans — 60 working days
B. CITY Conceptual Plan review— 10 working days
C. Preliminary Engineering Plans & Contract Documents — 45 working days (upon
receipt of Conceptual Plan review)
D. CITY Preliminary Engineering Plan review— 10 working days
E. Final Engineering Plans & Contract Documents — 30 working days (upon
receipt of Preliminary Engineering Plan review)
F. CITY Final Engineering Plan review— 10 working days
G. Final Plans and Contract Documents for Bid Advertisement — 10 working days
(upon receipt of Final Engineering Plan review)
B-1
EXHIBIT "13-11"
(SUPPLEMENT TO ATTACHMENT B)
METHOD OF PAYMENT
Engineering Design Services Associated With
SANITARY SEWER REHABILITATION CONTRACT LXXIV (74)
CITY PROJECT NO. 00360
I. Method of Payment
The ENGINEER shall be paid monthly upon receipt of an invoice on the basis of
statements prepared from the books and records of account of the ENGINEER, based
on the ENGINEERS' estimate of the percentage of completion of the project, such
statements to be verified as to accuracy and compliance of the project, such statements
to be verified as to accuracy and compliance with the terms of this contract by an officer
of the ENGINEER. Payment according to statements will be subject to certification by
the Director of the Department of Engineering or his authorized representative that such
work has been performed.
The aggregate of such monthly partial fee payments shall not exceed the following:
Until satisfactory completion of Exhibit "A-1", Conceptual Engineering Plan
submittal, a sum not to exceed 30 percent of the total lump sum fee.
Until satisfactory completion of Exhibit "A-1", Preliminary Construction Plan
submittal, a sum not to exceed 60 percent of the total lump sum fee.
Until satisfactory completion of Exhibit "A-1", Final Construction Plan submittal, a
sum not to exceed 90 percent of the total lump sum fee.
The balance of fees, less previous payments, shall be payable after all of the
pre-construction meetings for the Project have been conducted.
II. Progress Reports
A. The ENGINEER shall submit to the designated representative of the Director of
the Department of Engineering quarterly progress reports covering all phases of
design in the format required by the City.
B. If the ENGINEER determines in the course of making design drawings and
specifications that the opinion of probable construction cost of $ 1,510,000 (as
estimated in Exhibit B-4) will be exceeded, whether by change in the scope of
the project, increased cost or other conditions, the ENGINEER shall immediately
report such fact to the City's Director of the Department of Engineering and, if so
instructed by the Director of the Department of Engineering shall suspend all
work hereunder.
131-1
if a .tiu�1,. fll� �G.a
EXHIBIT "13-2"
HOURLY AND REIMBURSABLE RATE SCHEDULE
SANITARY SEWER REHABILITATION CONTRACT LXXIV(74)
CITY PROJECT NO. 00360
Engineering /Technical From To
Principal $145 - $220 Per Hour
Project Manager $110 - $150 Per Hour
IT Consultant $120 - $140 Per Hour
Senior Engineer $80 - $150 Per Hour
Engineer $70 - $120 Per Hour
Landscape Architect/Planner $80 - $130 Per Hour
Designer $80 - $95 Per Hour
Senior Designer $110 - $130 Per Hour
CAD Technician $50 - $75 Per Hour
Senior CAD Technician $70 - $90 Per Hour
IT Technician $70 - $80 Per Hour
Clerical $45 - $65 Per Hour
Resident Project Representative $70 - $90 Per Hour
Surveying
Survey Office Manager $145 - $155
R.P.L.S. $100 - $130
Senior Survey Technician $70 - $85
Junior Survey Technician $55 - $70
2-Person Field Crew w/Equipment $100
3-Person Field Crew w/Equipment $110
4-Person Field Crew w/Equipment $135
1-Person G.P.S. Crew w/Equipment $110
2-Person G.P.S. Crew w/Equipment $130
3-Person G.P.S. Crew w/Equipment $150
1-Person Robotic Crew w/Equipment $90
2-Person Robotic Crew w/Equipment $110
Direct Cost Reimbursables
Photocopies $0.10/page letter and legal size bond paper, B&W
$0.20/page 11"x 17" size bond paper, B&W
$2.00/page 22"x 34" and larger bond paper or vellum, B&W
Plots $1.00/page 11" x 17" size bond paper, B&W
$2.00/page 11" x 17"size bond paper, color
$4.00/page 22"x34" and larger bond paper or vellum, B&W
$6.00/page 22"x34" and larger bond paper or vellum, color
$6.00/page 22"x34"and larger mylar or acetate, B&W
Mileage $0.445/mile
All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above.
* Rates shown are for calendar year 2006 and are subject to change in subsequent years.
132-1
EXHIBIT "B-3A"
(SUPPLEMENT TO ATTACHMENT B)
SUMMARY OF TOTAL PROJECT FEES
Engineering Design Services Associated with
SANITARY SEWER REHABILITATION CONTRACT LXXIV (74)
CITY PROJECT NO. 00360
Consulting Firm Prime Responsibility Amount Percent
Prime Consultant:
Teague Nall and Perkins, Inc. Engineering & Proj. Mgmt. $ 154,056 76.0%
M/WBE Consultants:
Palmer Price, Inc. Engineering Services $ 42,849 21.1%
AlphaGraphics Printing / Reproduction $ 5,800 2.9%
Total for Professional Services $ 202,705 100.0%
Note: Non-M/WBE Consultants— None.
Project Description Scope of Services Total Fee MIWBE Fee Percent
Engineering Services Sewer $ 202,705 $ 48,649 24.0%
B3A-1
EXHIBIT "13-38"
(SUPPLEMENT TO ATTACHMENT B)
PROFESSIONAL SERVICES FEE SUMMARY
Engineering Design Services Associated with
SANITARY SEWER REHABILITATION CONTRACT LXXIV (74)
CITY PROJECT NO. 00360
BASIC ENGINEERING DESIGN FEE:
(Construction Cost X TSPE Curve"A"X 85%)
Sewer Design: $1,480,000.00 X 7.4% X 85.0% = $ 93,092.00
ADDITIONAL SERVICES:
Surveying Services = $ 70,500.00
- Public Meetings (2 sets of 2 meetings each) = $ 2,400.00
- Special Coordination Meetings with Property Owners = $ 800.00
- Wastewater Route Feasibility Study = $ 4,000.00
- Monthly Progress Reports/Coord. with Mgr. and Meeting M = $ 2,500.00
- Storm Water Pollution Prevention Plan = $ 5,000.00
- TxDOT Traffic Control Plans = $ 1,500.00
- TxDOT Permit Coordination = $ 2,400.00
-Administrative Fee (10%) on M/WBE Firms = $ 4,865.00
Printing / Reproduction = $ 9,548.00
Construction Assistance = $ 6,100.00
Additional Services Total: $ 109,613.00
B3B-1
EXHIBIT "13-313„
(SUPPLEMENT TO ATTACHMENT B)
SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE)
Engineering Design Services Associated with
SANITARY SEWER REHABILITATION CONTRACT LXXIV(74)
CITY PROJECT NO. 00360
A. SUMMARY OF TOTAL FEE
Service Description Sewer Total
Basic Engineering $ 93,092.00
Services
Additional Engineering $ 39,113.00
Services
Engineering Subtotal $ 132,205.00
Surveying Services $ 70,500.00
Project Total $ 202,705.00
B. BREAKDOWN OF ENGINEERING FEES (LESS SURVEY FEES)
1. Total Sewer Fee (less survey fee) Breakdown by Conceptual, Preliminary& Final Design
a. Conceptual (30%) = (Engineering Subtotal) X (0.3) = $ 39,662.00
b. Preliminary (60%) = (Engineering Subtotal) X (0.6) = $ 79,323.00
c. Final (10%) = (Engineering Subtotal) X (0.1) = $ 13,220.00
$ 132,205.00
B3B-2
EXHIBIT "B-3C"
(SUPPLEMENT TO ATTACHMENT B)
FEES FOR SURVEYING SERVICES
Engineering Design Services Associated with
SANITARY SEWER REHABILITATION CONTRACT LXXIV(74)
CITY PROJECT NO. 00360
Surveying Services:
Topographic Surveys 12,327 LF x $5.50/LF = $ 67,800.00
Right of Entry Documents 48 EA x $50.00/EA = $ 2,400.00
Temp. Construction-Easement 4 EA x $75.00 /EA = $ 300.00
Survey Total $ 70,500.00
Water Department (Sanitary Sewer) Subtotal $ 70,500.00
B3C-1
EXHIBIT "B-313"
(SUPPLEMENT TO ATTACHMENT B)
ADDITIONAL SERVICES
Engineering Design Services Associated with
SANITARY SEWER REHABILITATION CONTRACT LXXIV(74)
CITY PROJECT NO. 00360
Additional Services:
- Public Meetings (2 sets of 2 meetings each) = $ 2,400.00
-Special Coordination Meetings with Property Owners = $ 800.00
-Wastewater Route Feasibility Study = $ 4,000.00
- Monthly Progress Reports/Coord. with Mgr. and Meeting Minutes
(Electronic) = $ 2,500.00
- Storm Water Pollution Prevention Plan = $ 5,000.00
-TxDOT Traffic Control Plans = $ 1,500.00
-TxDOT Permit Coordination = $ 2,400.00
-Administrative Fee (10%) on M/WBE Firms = $ 4,865.00
Additional Services Total $ 23,465.00
r,
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B3 D-1
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EXHIBIT "B-3E"
(SUPPLEMENT TO ATTACHMENT B)
PRINTING / REPRODUCTION
Engineering Design Services Associated with
SANITARY SEWER REHABILITATION CONTRACT LXXIV (74)
CITY PROJECT NO. 00360
Printing/Reproduction Costs:
Description No.Sets Sheets/Set Cost/Sheet Total Cost
Concept Plans 2 40 $ 1.75 $ 140.00
Preliminary Plans 2 60 $ 1.75 $ 210.00
Utility Plans (Full Size) 14 60 $ 1.75 $ 1,470.00
Final Plans 2 60 $ 1.75 $ 210.00
Bid Plans 40 60 $ 1.75 $ 4,200.00
Mylar Plans 1 60 $ 4.00 $ 240.00
Half Size Plans 10 60 $ 0.75 $ 450.00
Mounted Exhibits 2 20 $ 20.00 $ 800.00
Specs Final Plans 2 1 $ 30.00 $ 60.00
Specs Bid Sets 46 1 $ 30.00 $ 1,380.00
Photocopies 200 1 $ 0.10 $ 20.00
Binding/Punching/Delivery 1 1 $368.00 $ 368.00
Total Printing/Reproduction $ 9,548.00
Note: Additional or interim check sets requested by the City shall be provided according to the
Std. Rate Schedule (Exhibit B-2)
B3E-1
EXHIBIT "B-3F"
(SUPPLEMENT TO ATTACHMENT B)
CONSTRUCTION ASSISTANCE
Engineering Design Services Associated with
SANITARY SEWER REHABILITATION CONTRACT LXXIV (74)
CITY PROJECT NO. 00360
Construction Assistance Fees
Pre-Bid Meeting (Not Required) = $ -
Attend Bid Opening = $ 400.00
Tabulate Bids (by City) = $ -
Recommend Contract Award (by City) = $ -
Attend Pre-Construction Meeting = $ 1,000.00
Periodic Site Visits (3 @$400/VISIT) = $ 1,200.00
Review Wastewater Video (by City) = $ -
Prepare Record Drawings = $ 2,000.00
Final Walk Through = $ 1,500.00
Construction Assistance Total $ 6,100.00
B3F-1
TEAGUE NALL AND PERKINS Exhibit 13-4
CONSULTING ENGINEERS
CONCEPTUAL OPINION OF PROBABLE C
City of Fort Worth Engineering
Sanitary Sewer Repacement Contract#74
OWNER: CITY OF FORT WORTH
DATE: December 2005
DOE No. XXXX
Sewer Proj.No. XXXX-XXXXX-XXX
SANITARY SEWER MAIN
ITEM UNI'
NO. DESCRIPTION OF ITEMS UNIT COs42 L-3342 L-4523 L4911 L-4960 TOTALS TOTAL COST
1 8"SS PVC Pipe(all depths) LF $ 400 328 - 200 470 6,361 $ 254,44
2 8"CI.51 D.I.P. All Depths) LF $ 5 - - - - 3,043 $ 167,36
3 8"SS HDPE by Pipe Enlargement LF $ 6 385 - 2,923 $ 189,9951
4 8"SS PVC by Bore/Casing Excl.Carrier Pie LF $ 6 - - - - 250 $ 16,25
5 Standard 4'Diameter Manhole EA $ 1,81 1 1 2 3 2 62 $ 111,60
6 Extra Depth for 48"I.D.SSMH VF $ 1' 2 2 3 4 3 - 88 $ 15,40
7 Vacuum Testing of Sanitary Sewer Manholes EA $ 1' 1 1 2 3 2 62 $ 10,85
8 Concrete Manhole Collars EA $ 31 1 1 2 3 2 62 $ 21170
9 Waterti ht Manhole Insert EA $ 7 1 1 2 3 2 62 $ 4,65
10 4"SS Service Connections all depths) LF $ 260 120 70 20 200 2,520 $ 70,56
11 Two-Way Cleanouts EA $ 2116 12 7 2 20 252 $ 50,40
12 4"SS TAP EA $ 3116 12 7 2 20 252 $ 88,20
13 Remove Existing 4'SSMH EA $ 31 2 1 3 3 2 55 $ 16,50
14 Trench Safety for Sewer Main Installation LF $ 100 3281 385 200 470 12,327 $ 21,57
15 Post Construction Clean and TV LF $ 300 3281 385 2001 470 12,327 $ 12,3271
16 Ex lorato Excavation(D-Hole) EA $ 51 1 1 1 1 1 25 $ 12,50
17 H dromulch Seeding LF $ 85 93 110 57 134 3,071 $ 9,21
18 Grass Solid Sodding LF $ 170 186 219 114 2671 6,294 $ 31,47
19 Permanent Concrete Repair LF $ 5 - - - - 201 927 $ 50,98
20 1 Permanent Asphalt Pavement Re air LF $ 540 50 200 - 3,699 $ 184,95
SUBTOTAL $ 1,340,927
CONTINGENCY(%,+/- 10% $ 139,073
PROJECT TOTAL: $ 1,480,000
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO ATTACHMENT A
Engineering Design Services Associated With
Paving and Drainage Construction
Engineering Design Services Associated With
SANITARY SEDER REHABILITATION CONTRACT LXXIV (74)
CITY PROJECT NO. 00360
NONE
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MAPSCO NO. 73V
EXIST MANHOLE 2014-3BO
SCALE CITY
MALL AIV ��R�®�� CITY OF FORT WORTH, TEXAS '"°"°�`�
= FTWO5313
1"=300' SANITARY SEWER REPLACEMENT SHEET
/ 'r . - -- - -�- -- CONTRACT 74
N/A 1100 Macon Str®Of
DATE Fort Worth, Texas 78102
�•�/N C. Phone:(817)336-6773*F a x:(817)336-2813 SANITARY SEINER IMPROVEMENTS OF
DEC 2005 W.W.W.tnp-anIIna.com 12
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PROPOSED SANITARY SEWER IMPROVEMENTS
SA N1 TAR Y SEWER REPL A CEMEN T
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PROP SS UNE(PIPE ENLARGEMENT) .............
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PROP MANHOLE COUNCIL DIVRICT NO. 04
EXIST SS LINE MAPSCO NO. 65T
EXIST MANHOLE Q 2014-380 -TWP-PRMCI
SCALE CITY OF FORT WORTH, TTEXAS FTW0531
HOW TEAGUE HALL AND PERKINS SANITARY SEWER REPLACEME
=400' SHEET3
VM7 --- CONTRACT #74
N/A Ma
1100 con Street 12
DATE Fort Worth, Texas 76102
INC. Phonv:(817)336-5773*Fax:(817)336-2813 SANITARY SEWER IMPROVEMENTS OF
DEC 2005 w.vf.w.tnp-onlino.com 12
TEAGUE NALL AND PERKINS Exhibit F-1
CONSULTING ENGINEERS
City of Fort Worth Engineering
Sanitary Sewer Repacement Contract#74
OWNER: CITY OF FORT WORTH
DATE: May 2006
DOE No. XXXX
Sewer Proj.No. XXXX-XXXXX-XXX
Sewer Line
Ref. Mapsco Council Proposed
STA.
City Map Project Limit Sewer ID Existing
No. Page District ength(ft.) No. Size(in.) Replacement From To Length(ft.)
Size(in.)
i
1 74R 2024-384 No.3 Alley S.of Bonnell Ave.,W.of E L-2150 6 8 17+00 21+57 1,089
Alley S.of Bonnell Ave.,W.of F 5+08 11+40
2 75N 2024-384 No.7 Alley S.of Bonnell Ave.,W.of E --- L-2160 6 8 0+00 2+77 277
2030-384
3 75P 2030-380 No.7 Esmt.S.of Micki Lynn Ave.,N. --- L-4913 6 8 0+00 3+10 310
4 73V 2014-380 No.3 Ramona to Bonnie - L-5286 8 8 0+00 4+20 420
5 73V 2014-380 No.3 Reagan to 588 FT east --- L-5293 6 8 0+00 5+88 588
2072-396 Emerald Lake Rd.to Esmt past
6 65T 2078-396 No.4 Northern portion of King George --- L-6665 6/8 8 3+22 34+65 3,143
2078-392 and across Woodhaven Blvd.
7 74L 2024-384 No.3 Kenwick Av.To Alley --- M-159 8 8 48+81 51+08 227
8 74M 2024-384 No.7 S.Side of Camp Bowie to MH i --- M-163 8 8 18+57 27+68 911
9 75N 2030-384 No.7 Alley S.of Bonnell Ave.,W.of f --- L-2086 6 8 6+40 9+43 303
10 75E 2024-388 No.7 Alley Between EI Campo Ave.a ___ L-2139 6 8 0+00 4+76 476
Crossing Bourne St.
11 75J/75K 2030-384 No.3 Alley S.of Curzon Ave.,W.of N -- L-2144 6 8 0+00 4+77 477
12 74L 2024-384 No.3 Esmt.Crossing Curzon Ave. L-2188 6 8 0+00 3+80 380
13 74L 2018-388 No.3 Alley S.of Calmont Ave.,Cross - L-2864 6 8 0+00 7+58 758
14 74R 2024-384 No.3 Esmt.From Ridgehaven Rd.to --- L-2876 8 8 13+95 17+34 380
15 74M 2024-384 No.7 Alley S.of Lovell Ave.Crossing --- L-2943 6 8 0+00 5+50 550
16 75J 2030-388 No.7 Esmt.N.of IH 30,E.of Prevost --- L-3031 6 8 0+00 3+55 355
17 75M/75J 2024-384 No.7 Alley S.of Donnelly Ave.from F --- L-3342 6 8 0+00 3+00 628
across Bourine Ave. 7+00 10+28
18 75P 2030-384 No.7 Esmt.From Eldridge St.to Drisl -- L-4523 6 8 1+04 4+89 385
19 75P 2030-384 No.7 East and West of Eldridge St. --- L-4910 8 8 0+00 2+00 200
20 74V 2024-380 No.7 Alley S.of Farnsworth Dr.,W.c --- L-4960 6 8 29+06 33+76 470
Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/25/2006 -Ordinance No. 17067-07-2006
DATE: Tuesday, July 25, 2006
LOG NAME: 30LXXIV-TNP REFERENCE NO.: **C-21562
SUBJECT:
Adopt an Appropriation Ordinance and Authorize Execution of an Engineering Agreement with
Teague Nall and Perkins, Inc., for Sanitary Sewer Rehabilitation Contract LXXIV (74) (City Project
No. 00360)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $228,705.00 from the Water & Sewer Operating Fund to the Sewer Capital
Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Projects Fund in the amount of$228,705.00, from available funds; and
3. Authorize the City Manager to execute an Engineering Agreement with Teague Nall and Perkins, Inc.
in the amount of$202,705.00 for Sanitary Sewer Rehabilitation Contract LXXIV(74).
DISCUSSION:
The project consists of the preparation of plans and specification for the rehabilitation of primarily the
following severely deteriorated sanitary sewer main and laterals:
M-163: Beginning from the Camp Bowie Boulevard/Horne Avenue intersection northerly 400 feet,
then westerly 550 feet in the alley between Malvey Avenue and Locke Avenue to Halloran
Avenue.
L-2144: Located in the alley between Curzon Avenue and Donnelly Avenue, from Neville Street to
Penticost Street.
L-2150: Located in the alley between Bonnell Avenue and Kilpatrick Avenue, from Bryant Irvin Road
to Little Page Avenue and also from Halloran Street to Horne Street.
L-4960: Located in the alley between Farnsworth Drive and Helmick Drive, from Halloran Street to
Horne Street.
L-5286: Located on Chapin Road from Reagan Drive westerly 600 feet.
L-6665: Beginning from the Emerald Drive intersection, northerly 1,000 feet along Willow Ridge Road,
then easterly 400 feet, then north easterly 450 feet, then northerly 200 feet then north easterly
450 feet to Woodhaven Boulevard.
http://www.cfwnet.org/council_packet/Reports/Mc�_print.asp 7/25/2006
Page 2 of 3
All disturbed segments of pavement will be permanently repaired with asphalt after the proposed
improvements are complete.
Teague Nall and Perkins, Inc., proposes to perform the necessary design work for a lump sum fee of
$202,705.00. City staff considers this fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount, $26,000.00, is required for project management by the Engineering
Department.
Teague Nall and Perkins, Inc., is in compliance with the City's M/WBE Ordinance by committing to 24%
M/WBE participation. The City's goal on the project is 24%.
The project is located in COUNCIL DISTRICTS 3, 4 and 7, Mapsco 65T, 73V, 74L, M, Q, R, V and 75 E, J,
K, N and P.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
the Sewer Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1 & 2) $228,705.00 3P258) 531200 707170036051 $70,500.00
P258 472045 7071700360ZZ 3P258) 531200 707170036033 $13,220.00
P258 531350 707170036010
$1,600.00 3P258) 531200 707170036032 $79,323.00
$1,600.00
3P258) 531200 707170036031 $39,662.00
P258 531350 707170036020 1)PE45 538070 0709020 $228,705.00
2) $6,000.00
P258 531350 707170036031
2) $39,662.00
P258 531200 707170036031
2) $12,000.00
P258 531350 707170036032
2) $79,323.00
P258 531200 707170036032
2
P258 531350 707170036033
000.00
2) $13,220.00
P258 531200 707170036033
2) $70,500.00
P258 531200 707170036051
21 1
P258 531350 707170036060
600.00
P258 531350 707170036073
$1,000.00
2 MR.
�'' ��' n'r rP258 533010 707170036081 $200.00 �14,�1 a�ECO' OCITY 6)V1-11H/i\P17
�„1t G1��U�� �R7http://www.cfwnet.org/council_packet/Reports/mc_print.asp `'"'`��'T/2�1b06
Page 3 of 3
Submitted for City Manager's Office by: Marc Ott (6122)
Originating Department plead: A. Douglas Rademaker(6157)
Additional Information Contact: A. Douglas Rademaker(6157)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/25/2006