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HomeMy WebLinkAboutContract 36550CITY SECRETARY ial 6 CONTRACT NO, CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY and TCB Inc. (the 'ENGINEER"), for a PROJECT generally described as: Westside III, Westside IV, and Proposed Sanitary Sewer Line to serve the Northwest Water Treatment Plant 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. Al 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.. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 1 of 14 01-30-08 A10:39 IN 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 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 2 of 14 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 procedure- 1 and- ,ma k t :wU'� STANDARD ENGINEERING AGREEMENT (REV 10l06/05) p� Page 3 of 14 ujJ�� l 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/VVBE) Participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years STANDARD ENGINEERING AGREEMENT (REV 10/O6/05) Page 4 of 14 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 certificates) 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 $210007000 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 5 of 14 course of the PROJECT. 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 $110001000 each claim $2,000,000 aggregate Professional liability shall be written on a claims -made basis 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 6 of 14 uR�L;'zRV 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. (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 Is 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. (I) 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 7 of 14 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 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, STANDARD ENGINEERING AGREEMENT (REV 10106105) Page 8 of 14 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. (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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 9 of 14 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 Cl" materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party.beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 10 of 14 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 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; STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 11 of 14 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). 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 12 of 14 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 attorneys 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 13 of 14 regulation, whether it be by itself or its employees. Article v1 z 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 Executed this the clay of' , 2008. ATTEST: CITY OF FORT WORTH City Secretary APPROVED AS TO FORM AND LEGALITY Amy J. Rarr Assistant Ci ATTEST: STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 14 of 14 Assistant City Manager APPROVAL RECOMMENDED - /U+/Y*a L/Vu"A S. Frank Crumb, Director Water Department ENGINEER Ann Kovich AICP Vice President 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) Geotechnicallnvestigations 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) 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 wn 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. Attachment "A" JANUARY 1, 2005 Page 2 of 5 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. Attachment "A" JANUARY 1, 2005 Page 3 of 5 PHASE 4 16) Final Approved Construction Plans The Engineer shall furnish 45 bound copies of Phase at 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. Attachment °A° JANUARY 1, 2005 Page 4 of 5 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. 241 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. Attachment "A" JANUARY 1, 2005 Page 5 of 5 EXHIBIT "A-1" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") DESIGN SERVICES: WATER AND 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 sanitary sewer improvements for the following: WESTSIDE III, WESTSIDE IV AND PROPOSED SANITARY SEWER LINE TO SERVE THE NORTHWEST WATER TREATMENT PLANT (NWWTP) WATER PROJECT NO. P264-531200 601540045631 ENGINEER will provide conceptual design, easement preparation and acquisition, preliminary and final design, bidding, and construction phase services for the following water and sanitary sewer segments: - 36"* Westside III Transmission Main (W3) from the NWWTP Site to the existing Westland Ground Storage Tank (8,000 LF) - 30"* Westside IV Transmission Main (W4) from the NWWTP Site to the Walsh Ranch Water Line. (4,000 LF) - 18"* Gravity Sanitary Sewer (SS1) from the NWWTP Site to the existing Walsh Ranch Sanitary Sewer Line (5,000 LF). The final size of this line shall be verified as part of the NWWTP design. * All sizes shall be confirmed as part of this project. Generally, the ENGINEER will provide the following: - Conceptual Design -Engineer will develop and evaluate up to three (3) alignment alternatives and recommend a route for the construction of each line segment shown above (See Attachment E). Engineer will verify the ultimate water line sizes recommended in the Water Master Plan and will evaluate construction phasing for each segment. EA1-1 UL� Preliminary Design - Engineer will prepare preliminary design to a level sufficient for determination of easement layout and configuration. Surveys and Easements —Topographic surveys will be performed along the selected routes for each line segment. In addition, ROW research will be performed along each selected route and necessary easement documents prepared. - Easement Acquisition -Perform easement acquisition services and secure easements for construction of the proposed line segments. This task shall include property appraisals and negotiations on behalf of the City. - Final Design and Preparation of Construction Documents —Preliminary and final construction documents will be prepared based on the approved results of the Conceptual Design phase for the project. - Bidding Assistance -The Engineer shall deliver up to fifty (50) sets of the final approved plans and contract documents for the projects to the City for distribution to potential bidders. It is anticipated that two (2) bid packages will be prepared, one for the water lines, and one for the sewer line. The Engineer shall assist the City during this phase including preparation and delivery of any additional addenda prior to bid opening. Engineer shall attend a pre -bid conference. The Engineer shall assist in reviewing the bids, attend the bid opening and prepare bid tabulations and recommendation of award. - Record Drawings -Prepare and issue record drawings based on information provided by the Contractor and the City's inspector. Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PHASE 1—CONCEPTUAL DESIGN 1) Data Collection: The CITY shall provide aerial photographs of the project site in digital format to the ENGINEER. The digital aerial photography will be used as background for the exhibits and base maps prepared for the conceptual phase of the contract. This information will be used as background for all exhibits and shall also aid in EA1-2 the evaluation of alternatives. 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 office. ENGINEER will perform a site visit to observe each alternate route. Information gathered during the site visit will be used to supplement information obtained above. 2) Evaluation of Alignment Alternatives: ENGINEER will evaluate up to two (2) general alternative alignments for the proposed sewer line segment and one (1) alignment for the proposed water line segments. The general alignments selected by the CITY will be refined during the design phase. The evaluation of routes in this phase will be general in nature. It is not the intent to determine an exact alignment for each segment, but to identify a pipeline "corridor". Specific details (e.g. location within the ROW, placement of appurtenances, vertical alignments, easement locations and widths, special design details, etc.) of the selected alternative will be evaluated as part of the Preliminary Design. Each pipeline route alternative will be evaluated based on the following criteria: • Constructability • Accessibility for maintenance • Potential environmental issues • Major utility conflicts • Traffic control issues • Level of public inconvenience • Potential required easements • Probable construction costs EA1-3 • Potential 404 permitting requirements • River and Lake crossings • Railroad crossings and permits • Highway crossings and permits • Potential for strategic interconnection to current customer cities 3) Verification of Line Size /Phasing: Engineer will coordinate with the NWWTP design team to verify treatment capacity phasing. Phasing information will be used to determine proper line sizing and transmission main construction phasing. In addition, Engineer will verify the ultimate water line sizes recommended in the Water Master Plan prepared by others for W3 and W4. Engineer will evaluate line sizes based on hydraulic modeling. The City shall provide the Engineer with the existing water system model. Sanitary sewer line size shall be verified based on sludge production and potential planned on -site sludge processing. Engineer will provide a recommendation to the City regarding the sizing and phasing of each water transmission main and the sanitary sewer line including recommended easement widths. 4) Coordination with Other Agencies During the concept phase the ENGINEER shall coordinate location of major existing franchise and municipal utilities. Engineer will contact franchise utilities and pipeline companies to determine the location of existing facilities. Engineer will verify the location of municipal utilities based on information received from 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. Portions of SS1 may be routed along or across the ROW maintained by Tarrant County. Engineer will coordinate with Tarrant County Engineering as necessary to obtain proper permits. 5) Preliminary Design Report The information acquired in the previous steps will be incorporated into a EA1-4 Preliminary Design Report (PDR). The PDR will include the following items: ■ A brief discussion of the evaluation criteria and applicability to each alternative. ■ Recommended alignments for each pipeline. ■ Recommended easement widths and locations for each pipeline. ■ Base maps (aerial photography) with each alignment alternatives shown. ■ A preliminary opinion of probable construction cost for each alternative. ■ Recommendations for the phasing for construction of each pipeline. ENGINEER will provide up to six (6) copies of the PDR to the CITY for review, comment, and approval. ENGINEER will attend one (1) meeting with City staff to review comments on the PDR. ENGINEER will address comments and submit up to ten (10) final copies of the PDR. 6) Topographic Surveys: Upon written notification of accepted water and waste water pipeline alignments, as presented in the PDR, 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, but is not limited to, topographic data, locations of power poles, trees or tree lines, buildings, paving, fences, property corners, driveways, culverts, water valves, grade breaks, elevations of all sanitary and adjacent storm sewers, rim/invert elevations and other features relevant to the final plan sheets. The limits of the topographic survey shall be 50-feet wide (25 feet on each side of the proposed centerline). 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. 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 EA1-5 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.I.'s, Manholes, Valves, etc., in the saI e 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. EA1-6 Prior to conducting design survey, ENGINEER will notify affected residents of the project in writing. The nocation 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. 7) 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. Provide ownership research, right-of-way research (TxDOT) and obtain copies of plats and deeds to establish property lines, right-of-ways of streets and railroad right-of-way lines. Prepare a deed sketch showing landowners and existing rights -of -way. Provide field ties to property corners and calculate the right-of- way/property lines along the proposed route. The deliverables shall include a digital file (AutoCAD or Microstation) of the right-of-way lines &property lines along with subdivision names with lot/block numbers and ownership information of affected parcels. 8) Preliminary Design (30%): Engineer shall prepare preliminary design to a level sufficient for determination of easement layout and configuration. This design will be for all phases and will include consideration of placement within the proposed easement, location of required appurtenances such as blow -off, isolation, and air -release valve locations and connections to existing and future lines. Engineer shall attend one (1) review meeting with the City of Fort Worth to discuss alignment of proposed utilities. EA1-7 9) Preparation of Easements: Prepare up to six (6) permanent and six (6) temporary construction easements with metes & bounds legal description and exhibit. Easement documents will be prepared and submitted to the City Project Manager. Preparation of easements shall be in conformance with "Submittal of Information to Real Property for Acquisition of Property" 10) Easement Acquisition: ENGINEER shall provide an appraisal of each parcel and shall be approved by the CITY prior to negotiations with the property owners. All appraisals will be prepared by State Certified appraisers in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and shall be suitable for use in condemnation proceedings if necessary. The ENGINEER shall negotiate on behalf of the CITY. The offer to acquire the easements will be based on the appraisals performed. The CITY shall establish the value to be used in negotiation and the range of negotiation authority to be given to the ENGINEER. ENGINEER will provide a good faith effort to acquire the easements through a negotiation process, which will generally consist of no less than three contacts with the property owner or his authorized representative. Generally, no more than five contacts will be necessary to reach an agreement with the property owner or to determine that further negotiations will be non productive and that eminent domain actions will be necessary to acquire the property. If absentee owners are involved, the negotiations may be conducted via telephone, fax, or by mail. Should travel outside the project area be required and authorized by the CITY, all expenses incurred shall be considered an additional service. The initial offer made to the property owner will be based on a value previously approved by the CITY. All counter-offers by the property owner along with the ENGINEER's recommendations will be presented to the CITY for their consideration. The CITY shall approve such counter offers before the ENGINEER will be authorized to agree to the requested changes. All monetary offers made to the property owners will be within the limits authorized by the CITY. In the event that the good faith efforts fail to produce satisfactory negotiated property, the ENGINEER will recommend to the CITY that the CITY use its power of Eminent Domain to acquire said property. Assisting the CITY in condemnation procedures is not included in this scope of work and shall be considered an additional service. PHASE II —PRELIMINARY AND FINAL DESIGN 1) Permits: The Engineer will prepare permit applications as follows: • Tarrant County Permit (1) • Texas Historical Commission (Notification only) Portions of SS1 may be routed along and across Tarrant County rights -of -way. Coordination with Tarrant County Engineering will be required to acquire the necessary permits. The ENGINEER will meet with Tarrant County staff to review the project scope, participate in field investigations, and will prepare plans, exhibits, and permit application forms necessary for one (1) permit application. Traffic control plans are not anticipated to be a requirement by Tarrant County for this installation and are not included in this scope of services. Should it be determined that this service is required and the CITY is in agreement, ENGINEER will prepare a separate proposal for such services and obtain authorization. The Antiquities Code of Texas stipulates that the CITY, as a political subdivsion of the State of Texas, is required to provide notification to the Texas Historical Commission (THC) prior to any ground breaking activities. The THC will review the information submitted and render a decision on whether a permit and subsequent archaeological survey will be required and if required will define the limits of the survey required thereof. The work performed under this scope includes the notification and coordination with the THC. An Antiquities Permit and subsequent archaeological survey is not included in this scope of work. Should it be determined during the design of this project that a permit and survey are required, ENGINEER shall prepare a separate proposal for such services and request authorization. EA1-9 2) Geotechnical Investigations: ENGINEER will explore the subsurface conons at the site. A total %J 10 test borings to a depth not to exceed 15-feet are proposed. ENGINEER will evaluate the pertinent engineering properties of the subsurface materials. Geotechnical laboratory testing will include moisture content, pocket penetrometer, strength/swell profiling, USCS classification, PI, compression testing, sieve analysis and RQD determinations. A Geotechnical report will be prepared and will include boring logs along with recommendations for open trench cuts, shoring, construction considerations related to boring/jacking of casings, dewatering requirements, embedment recommendations and soil bearing strength information. 3) Cathodic Protection System Design: ENGINEER will perform a detailed pipeline right-of-way evaluation and stray current control assessment for the proposed water line segments. Based on the information determined in this assessment, ENGINEER will develop corrosion protection recommendations, designs, and specifications for ductile iron, concrete cylinder, and welded steel pipe alternatives. 4) Storm Water Pollution Prevention Plan: Engineer will prepare up to two (2) Storm Water Pollution Prevention Plans (SWPPPs) required for the project for use by the contractor during construction. The City of Fort Worth's example will be used as a template. ENGINEER will prepare drawings and details for the proposed SWPPP improvements. Contractor will be responsible for filing the SWPPP with the appropriate regulatory agencies. 5) Preliminary Construction Plans: Preliminary plans and contract documents shall be submitted to CITY 180 days after Notice to Proceed is given for Phase II EA1-10 Preliminary construction plans shall 0 be prepared as follows: • Overall water/sewer layout sheets and an overall easement layout sheet(s). • Preliminary project plans and profile sheets on 22" x 34 sheets which show the following: Proposed water/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. • 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. • 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. Engineer shall deliver two (2) sets of preliminary construction plans and two (2) sets of specifications and contract documents to the City for review. Generally, plan sheets shall be organized as follows: • Cover Sheet • General Notes / Legend • Overall Layout • Easement Layout • Plan and Profile Sheets • Standard Construction Details • Special Details (if applicable) The ENGINEER shall submit a preliminary estimate of probable construction cost with the preliminary plans submitted for the two bid packages. ENGINEER shall assist City in selecting the feasible and/or economical solutions to be pursued. EA1-11 6) 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. The ENGINEER shall deliver a maximum of 14 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. 7) Review Meetings with City: The ENGINEER shall attend up to two (2) review meetings with the CITY to discuss comments for the preliminary (60%) and final (90%) submittal for each project. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. 8) 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 directly affected by the proposed project. The listing shall include only the properties located along the proposed street segments to be reconstructed under this project only and shall be based on current Tarrant Appraisal District (TAD) information. The ENGINEER will attend up to two (2) public meetings to help explain the proposed project to residents and answer questions regarding the project design. The CITY shall be responsible for directing the meeting, selecting a suitable location and mailing the invitation letters to the affected customers. 9) Final Construction Plan Submittal: Final Construction Documents shall be submitted to CITY 30 days after approval of the Preliminary Plans. EA1-12 Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents for the CITY (each pIan 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 for the two bid packages within 15 days of CITY's final approval. Plan sets shall be used for Pre -Construction Assistance Activities. The Engineer shall submit a final opinion of probable construction cost with the final plans submitted. The ENGINEER shall submit a final set of mylar drawings for record storage as follows: 1. Water plans shall be submitted as one set of plans 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/grading/drainage improvements occur on a Water Department funded project with no TPW 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 EA1-13 II. TPW file name example — "W-1956_org47.pdf° where "W-1956" is the assigned file number 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 PDF files shall be submitted on one (1) Compact Disc, 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. 10) Pre -Construction Assistance: 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 each project to the CITY for distribution to potential bidders. Proposal will be delivered in electronic format. The ENGINEER shall assist the CITY during this phase including preparation and delivery of up to three (3) addenda to plan holders prior to bid opening, and respond to questions submitted by prospective bidders. Engineer shall attend two ?)scheduled pre -bid conferences. 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. EA1-14 11) Record Drawings: The Engineer shall prepare and issue record drawings (1 set of reproducible plans sheets) based on information provided by the Contractor and City's inspector. Engineer shall not be responsible for verification of changes made during construction. EXCLUSIONS AND ADDITIONAL SERVICES The following items are excluded from this scope of work, but can be performed as an additional service: • Antiquities Permit • Archaeological Survey • Construction Materials Testing • On -Site Inspection • Services During the Construction Phase • Hazardous Materials Assessment • Floodplain Development Permit • Traffic Control Plans • Section 404 Permitting • Preparation of Field Orders, Construction Modification Requests, or any changes to the plans during construction. EA1-15 ATTACHMENT B COMPENSATION AND SCHEDULE City Project No. P264 531200 601540045631 Westside III, Westside IV, and Proposed Sanitary Sewer Line to serve the Northwest Water Treatment Plant I. COMPENSATION A. The ENGINEER shall be compensated a lump sum fee of $496,800 for Engineering Services as summarized on Exhibit "134' Payment of the lump sum fee shall be considered full compensation for the services described in Exhibit "A-1" and for all labor, materials, supplies, and equipment necessary to complete the project. B. Partial payment shall be made monthly as stipulated on Exhibit "B-1" upon receipt of an invoice from the ENGINEER, prepared from the books and records of the ENGINEER. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the ENGINEER. Payment according to statements will be subject to certification by the Director of the Water Department or his authorized representative that such work has been performed. II. SCHEDULE A. Conceptual plans shall be completed within 90 calendar days after "Notice to Proceed" B. Preliminary plans will be completed within 60 calendar days after completion and City approval of conceptual design information. C. Final plans and contract documents will be completed within 60 calendar days after City approval of Preliminary Plans. I� 1/8/2008 EXHIBIT "B-1" METHOD OF PAYMENT (SUPPLEMENT TO ATTACHMENT B) City Project No. P264 531200 601540045631 Westside III, Westside IV, and Proposed Sanitary Sewer Line to serve the Northwest Water Treatment Plant METHOD OF PAYMENTS Partial payment shall be made to the Engineer monthly upon City's approval of an invoice from the Engineer outlining the estimated current percent complete of the total project. The aggregate of such monthly fee payments shall not exceed the following: A. Until satisfactory completion of Exhibit A-1, Conceptual Design Phase, and approval by the City, a sum not to exceed 30 percent of the total lump sum fee. B. Until satisfactory completion of Exhibit AA, Preliminary Construction Plan Submittal, and approval by the City, a sum not to exceed 60 percent of the total lump sum fee. C. Until satisfactory completion of Exhibit A-1, Final Construction Plan Submittal, and approval by the City, a sum not to exceed 95 percent of the total lump sum fee. D. The balance of the fee shall be payable after the pre -construction meeting for the Project has been conducted. EB1-1 EXHIBIT "B-2" HOURLY RATE SCHEDULE (SUPPLEMENT TO ATTACHMENT B) City Project No. P264 531200 601540045631 Westside III, Westside IV, and Proposed Sanitary Sewer Line to serve the Northwest Water Treatment Plant CATEGORY Principal Project Manager Project Engineer Senior Technician Clerical Billing Rate Ranges* $150 - $250 $100 - $185 $ 78 - $145 $ 55 - $135 *The above billing rates are based upon "Salary Cost" times a multiplier oI 2.25. As used herein, the term "Salary Cost" shall be established at 1.40 times "Direct Salary." Effective January 1, 2008 to January 1, 2009. Hourly rates are subject to revision after January 1, 2009. EB2-1 1 /8/2008 ATTACHMENT C AMENDMENTS TO STANDARD CONTRACT AND GENERAL SCOPE OF SERVICES City Project No. P264 531200 601540045631 Westside III, Westside IV, and Proposed Sanitary Sewer Line to serve the Northwest Water Treatment Plant 1. Article IV, Paragraph K, 2d. Change the notice of cancellation from forty-five (45) days to thirty (30) days. Revise the first sentence to read: "A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY." 2. Article IV, Paragraph K, 2e. Revise the sentence to read: "Insurers for all policies must be authorized or approved to do business in the State of Texas and..." 3. Article IV, Paragraph K, 2i. Exclusions on the Commercial Liability Policy: a. Nuclear Energy Liability b. Pollution (except Hostile Fire) and building heating equipment c. Asbestos (including defense) d. Employment Related Losses 1/8/2008 C-1 Westside III, Westside IV, and Proposed Sanitary Sewer Line to serve the Northwest Water Treatment Plant Attachment D Project Schedule Projected Actual ID Task Name Duration Start Finish Duration Start Finish 1 Notice to Proceed 0 days 2/1/2008 2/1/2008 2 Conceptual Design 90 days 2/1/2008 6/1/2008 3 Data Collection 30 days 2/1/2008 3/2/2008 4 Preliminary Design Report (PDR) 30 days 2/1/2008 3/2/2008 5 Conceptual Design 60 days 3/2/2008 5/1/2008 6 City Review 15 days 5/1/2008 5/16/2008 7 Preliminary Design 60 days 5/1/2008 6/30/2008 8 Survey 30 days 5/1/2008 5/31/2008 9 Prepare Preliminary Plans and Contract Documents 60 days 5/1/2008 6/30/2008 10 City Review 14 days 6/30/2008 7/14/2008 11 Final Design 60 days 7/14/2008 9/12/2008 12 Prepare Final Plans and Contract Documents 60 days 7/14/2008 9/12/2008 13 City Review 14 days 9/12/2008 9/26/2008 14 Construction Phase 227 days 9/26/2008 6/11/2009 15 Preconstruction Assistance 30 days 9/26/2008 10/26/2008 16 Advertise Project 14 days 10/26/2008 11/9/2008 17 Open Bids 1 days 11/9/2008 11/10/2008 18 Project Award 7 days 11/10/2008 11/17/2008 19 Construction 176 days 11/17/2008 6/11/2009 ., N PROP. TRWD BALANCING RESERVOIR �-�--- WALSH RANCH WATER LINE PROP. NWWTP // � ���� ,,, 1 �\ WESTLAND GROUND STORAGE TANK � �r \ :./ / _�� �\ 1 I� l TRWD RAW _� \ WATER LINE � I �,�WALSH RANCH I '`N3� SEWER LINE � �\ \. ` o \ I �� IH-20 \�� �\ .._�\ �: ;'�� DATE (MM/DD/YYYI') ACORCERTIFICATE OF LIABILITY INSURANCE 4/1/2008 1/7/2008 PRODUCER Lockton Companies, LLC-L Los Angeles THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 19800)V1acArthur Blvd., Suite 550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA License #OF15767 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Irvine CA 92612 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 949-2524400 INSURERS AFFORDING COVERAGE NAIC # INSURED TCB Inc. INSURER A: The Ins Co of the State of Pennsylvania 19429 1075642 5757 Woodway. Suite 101 West INSURER B : National Union Fire Ins Co Pittsburgh PA 19445 Houston TX 77057 INSURER C : INSURER D: INSURER E : C(fVFROrFS AECTEO] OE THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING Iuc110FPIcr AIITHr10171=n RFPRFJ.FMTATIVF r1R PR(101ICFR AND THE CERTIFICATE HOLDER. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADUL INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDIYY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX FIRE DAMAGE (Any one fire) $ XXXXXXX MED EXP (Any one person) $ XXXXXXX PERSONAL & ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX PRODUCTS - COMP/OPAGG $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: RO- POLICY JPECT F LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS NOT APPLICABLE (COMBINEDat) SINGLE LIMIT $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY ANY AUTO NOT APPLICABLE AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC AUTOONLY: AGG $ XXXXXXX $ XXXXXXX EXCESSIUMBRELLA LIABILITY OCCUR F CLAIMS MADE UMBRELLA DEDUCTIBLE FORM RETENTION $ NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX $ XXXXXXX $ XXXXXXX $ XXXXXXX A A A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PRCPRIETOR/PARiNER/ExECUTIVE OFFICERMEMBEREXCLUDED7 If yes, desodbe uner SPECIAL PROVISIONS below NO WC2921235 (AOS) WC2921236.(CA) WC2921237(FL) WC2921238 (OR) 4/1/2007 4/1/2007 4/1/2007 4/1/2007 4/1/2008 4/1/2008 4/1/2008 4/1/2008 X WC I ORY L MTITSTH- X OER E.L. EACH ACCIDENT $ 1,000 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 B OTHER Worker's Compensation WC2921239 (OH,WA,WI,WV,WY 4/1/2007 4/1/2008 Statutory Limits - See Above DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Westside III, Westside IV and Proposed Sanitary Sewer Line to serve the Northwest Water Treatment Plan (NWWTP) f': 0�2�t(oEip'3`6`t3 i25063 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CIty of Fort Worth DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 10 0 Throckmorton NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Fort Worth TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESE'IUATIV 71t ACORD 25 (2001/08) For questions regarding this certificate, contact the number listed In the 'Producer' section above and skify the cli&fcod�AECTE01'. ©ACORD CORPORATION 1988 MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER LOS-000607480-01 PRODUCER. Marsh Risk & Insurance Services CA License #0437153 777 South Figueroa Street THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN, Los Angeles, CA 90017 COMPANIES AFFORDING COVERAGE Attn: Lori Bryson (213)-346-5464 COMPANY 6510-AECOM-CAS-07-08 TCBIN BGRAB HOUST TX A ACE American Insurance Company INSURED COMPANY TCB INC. B 5757 WOODWAY, SUITE 101 WEST HOUSTON, TX 77057 COMPANY C Illinois Union Insurance Company COMPANY D N/A COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A GENERAL LIABILITY "HDOG2372733A" 04/01/07 04/01/08 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP/OP AGG $ 4,0001000 PERSONAL & ADV INJURY $ 21000,000 CLAIMS MADE OCCUR OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 29000,000 FIRE DAMAGE (Any one fire) $ 10000,000 MED EXP (Anyoneperson) $ 5,000 A AUTOMOBILE LIABILITY "ISA H08222939" 04/01/07 04/01/08 COMBINED SINGLE LIMIT $ 11000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIREDAUTOS BODILY INJURY (Per accident) $ NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TICLIMITS OTH- ER EL EACH ACCIDENT $ EL DISEASE -POLICY LIMIT $ THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: F1 EXCL EL DISEASE -EACH EMPLOYEE $ C OTHER EON G21654693 002 04/01/07 04/01/08 $2,000,000 ARCHITECTS & ENG. "'CLAIMS MADE"' PER CLAIM/AGGREGATE PROFESSIONAL LIAB. DEFENSE INCLUDED DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: Westside III, Westside IV and Proposed Sanitary Sewer Line to serve the Northwest Water Treatment Plan (NWWTP). I 1 CITY OF FORT WORTH AND ITS EMPLOYEES, OFFICERS, OFFICIALS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED FOR GL & AL COVERAGES, BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. SUCH INSURANCE AFFORDED SHALL BE PRIMARY INSURANCE AND ANY INSURANCE CARRIED BY CERTIFICATE HOLDER & ADDITIONAL INSURED SHALL BE EXCESS AND NOT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDNG COVERAGE WILL ENDEAVOR TO MAIL 3f1 DAYS WRITTEN NOTICE TO THE CITY OF FORT WORTH 1000 THROCKMORTON FORT WORTH, TX 76102 CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: David Denihan �A.~A�M MM1(3/02) VALID AS OF: 01/07/08 DATE (MMIDDIYY) ADDITIONAL INFORMATION SOS-000607480-0I 01/07/08 PRODUCEfi - , COMPANIES AFFORDING COVERAGE Marsh Risk & Insurance Services COMPANY CA License #0437153 777 South Figueroa Street E Los Angeles, CA 90017 Attn: Lori Bryson (213)-346-5464 COMPANY F 06510-AECOM-CAS-07-08 TCBIN BGRAB HOUST TX INSURED COMPANY TCB INC. 5757 WOODWAY, SUITE 101 WEST G HOUSTON, TX 77057 COMPANY H TEXT CONTINUED FROM DESCRIPTION SECTION: CONTRIBUTORY INSURANCE FOR GL & AL COVERAGES. A WAIVER OF SUBROGATION IS PROVIDED FOR THE GENERAL LIABILITY AND AUTO LIABILITY COVERAGES. :ATE HOLDER CITY OF FORT WORTH 1000 THROCKMORTON FORT WORTH, TX 76102 MARSH USA INC. BY David Denihan ,,/�,�, Page - Page 1 of 1 � • •, - . Mayor and Council Communication DATE: Tuesday, January 08, 2008 LOG NAME: 60NORTHWEST WTP REFERENCE NO.: *�C-22610 SUBJECT: Authorize Execution of an Engineering Agreement with TCB, Inc., for the Design of the Water and Sewer Main Connections for the Northwest Water Treatment Plant RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with TCB, Inc., in the amount of $496,800 for the design of the Water and Sewer Main Connections for the Northwest Water Treatment Plant. DISCUSSION: On March 19, 2002, (M&C C-19013) City Council authorized the execution of an engineering agreement with Freese and Nichols for the update to the Fort Worth Water System Master Plan. The Master Plan recommended constructing a water treatment plant in the northwest part of Fort Worth. On October 2, 2007, (M&C C-22433) City Council authorized the execution of an engineering agreement with Camp Dresser and McKee for the design of the Northwest Water Treatment Plant. The scope of work under this engineering agreement with TCB, Inc., consists of the design of water lines to connect the proposed Northwest Water Treatment Plant with existing water transmission pipelines and storage facilities. In addition, the work includes the design of a sanitary sewer line connecting the proposed Northwest Water Treatment Plant with an existing sanitary sewer line for sludge removal. The work includes the development of plans and specifications, permits, and easement acquisition services. TCB, Inc., is in compliance with the City's M/WBE Ordinance by committing to 21 percent M/WBE participation. The City's goal on this project is 20 percent. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/AccountlCenters Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers P264 531200 601540045631 $496,800.00 Marc A. Ott (8476) S. Frank Crumb (8207) S. Frank Crumb (8207) http://www.cfwnet.or�/council packet/Reports/mc print.asp 1/30/2008