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T
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Lockwood,
Andrews & Newnam, Inc., (the "ENGINEER"), for a PROJECT generally described as: Sanitary
Sewer Rehabilitation Contract LXVII (67).
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article 11
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to
reasonably substantiate the invoices.
(2) Monthly invoices will be issued by the ENGINEER for all work performed
under this AGREEMENT, Invoices are due and payable within 30 days
of receipt.
(3) Upon completion of services enumerated in Article 1, 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 seven (7) days' written notice to CITY,
suspend services under this AGREEMENT until paid in full, including
interest. In the event of suspension of services, the ENGINEER shall
Dave no liability to CITY for delays or damages used the CITY
because of such suspension of services.
'J J
0"S
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. The CITY shall furnish such
surveys, tests, and investigations, 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 dravAngs for any project other than the PROJECT described
herein,
ENGINEERING AGREEMENT
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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 CITYs construction contractors or other
entities, and do not relieve the construction contractors or any other
entity of their obligations, duties, and responsibilities, including, but not
limited to, all construction methods, means, techniques, sequences, and
procedures necessary for coordinating and completing all portions of the
construction work in accordance with the Contract Documents and any
health or safety precautions required by such construction work. The
ENGINEER and its personnel have no authority to exercise any control
over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions,
(2) Except to the extent of specific site visits expressly detailed and set forth
in Attachment A, the ENGINEER or its personnel shall have no
obligation or responsibility to visit the construction site to become familiar
with the progress or quality of the completed work on the PROJECT or to
determine, in general, if the work on the PROJECT is being performed in
a manner indicating that the PROJECT, when completed, will be in
accordance with the Contract Documents, nor shall anything in the
Contract Documents or the agreement between CITY and ENGINEER
be construed as requiring ENGINEER to make exhaustive or continuous
on-site inspections to discover latent defects in the work or otherwise
check the quality or quantity of the work on the PROJECT. If, for any
reason, the ENGINEER should make an on-site observation(s), on the
basis of such on-site observations, if any, the ENGINEER shall endeavor
to keep the CITY informed of any deviation from the Contract Documents
coming to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be
entitled to rely upon such certification to establish materials, systems or
equipment and performance criteria to be required in the Contract
Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
ENGINEERING AGPEEVENT
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conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or qualify 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
CITYs 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.
1. Minority and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 11923, as amended by
Ordinance 13471, the City has goals for the participation of minority business
enterprises and woman business enterprises in City contracts, Engineer
acknowledges the I! EE goal established for this contract and its commitment
to meet that goal. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may result in
the termination of this agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
ENGINEERING AGREEMENT
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J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3)
years after final payment under this contract, have access to and the
right to examine and photocopy any directly pertinent books, documents,
papers and records of the ENGINEER involving transactions relating to
this contract. ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate workspace 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 subconsultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photo copy such documents as
may be requested by the CITY, The CITY agrees to reimburse
ENGINEER for the cost of copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect prior
to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile 'liability
$1,000,000 each accident for reasonably equivalent limits of coverage if wntten
X
on a split limits basis). Coverage shall be on any vehicle used in the course of
the PROJECT.
ENGINEERING AGREEMENT
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Worker's Compensation
Coverage A: statutory limits
Coverage B. $100,000 each accident
$500,000 disease- policy limit
$100,000 disease- each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
The retroactive date shall be coincident with or prior to the date of the
contractual agreement and the certificate of insurance shall state that the
coverage is claims-made and the retroactive date. The insurance coverage
shall be maintained for the duration of the contractual agreement and five
(5) years following completion of the service provided under the contractual
agreement. An annual certificate of insurance submitted to the City shall
evidence such insurance coverage.
(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
coverages specified according to items section K.(1) and K.(2) of
this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation, non-renewal
or material change in coverage shall be provided to the CITY. A
ten (10) days notice shall be acceptable in the event of non-
payment of premium. Such terms shall be endorsed onto
ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
(e) The insurers for all policies must be licensed/approved to do
business in the State of Texas. Except for worker's
compensation, all insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide or have reasonably
ENGINEERING AGREEMENT
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equivalent financial strength and solvency to the satisfaction of
Risk Management.
(f]l Deductible limits, or self-insured retentions, affecting insurance
required herein may be acceptable to the CITY at its sole
discretion; and, in lieu of traditional insurance, any alternative
coverage maintained through insurance pools or risk retention
groups must be also approved. Dedicated financial resources or
letters of credit may also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITYs discretion, the
ENGINEER may be required to provide proof of insurance
premium payments.
(1) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless such are approved by the
CITY.
The Professional Liability insurance policy, if written on a claims
made basis shall be maintained by the ENGINEER for a minimum
five (5) year period subsequent to the term of the respective
PROJECT contract with the CITY unless such coverage is
provided the ENGINEER on an occurrence basis.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of ENGINEER's
overhead.
(1) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis
in order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
subconsultants maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein., in the event a sub consultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
ENGINEFRING AGREEMENT
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L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest which develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the
ENGINEER will, if requested, assist the CITY in obtaining the services of
a qualified subcontractor to manage the remediation activities of the
PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply 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.
ENG4NEERING AGREEMENT
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Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITYs
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perform, at no cost to the ENGINEER, such tests of equipment, machinery,
pipelines, and other components of the CITYs facilities as may be required in
connection with the ENGINEER's services, The CITY will be responsible for all
acts of the CITYs 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 D.
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,
ENGINEERING AGREEMENT
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F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release ENGINEER and its officers, employees, and subcontractors from
all claims, damages, losses, and costs, including, but not limited to,
attorney's fees and litigation expenses arising out of or relating to the
presence, discharge, release, or escape of hazardous substances,
contaminants, or asbestos on or from the PROJECT. Nothing contained
herein shall be construed to require the CITY to levy, assess or collect
any tax to fund this indemnification.
(2) The indemnification and release required above shall not apply in the
event the discharge, release or escape of hazardous substances,
contaminants, or asbestos is a result of ENGINEER'S negligence or if
such hazardous substance, contaminant or asbestos is brought onto the
PROJECT by ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(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,
ENGINEERING AGREEMENT
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1. CI Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is
maintained at the replacement cost value of the PROJECT. The CITY
may provide ENGINEER a copy of the policy or documentation of such
on a certificate of insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall
be comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt
of a written Notice to Proceed from the CITY.
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 CITYs sole risk. The final designs, drawings,
specifications and documents shall be owned by the CITY,
ENGINEERING AGREEMENT
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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 five (5) days of
written notice and diligently complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a) Cost of reproduction of partial or complete studies, plans,
specification's or other forms of ENGINEER'S work product;
b) Out-of-pocket expenses for purchasing storage containers,
microfilm, electronic data files, and other data storage supplies or
services;
c) The time requirements for the ENGINEER'S personnel to
document the work underway at the time the CITY'S termination
for convenience so that the work effort is suitable for long time
storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit
to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services,
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECTs schedule, commitment
and cost of the ENGINEERS 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
ENGINEERING AGREWEINT
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injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence for
indemnification. The term "Parties" mean the CITY and the ENGINEER, and
their officers, employees, agents, and subcontractors,
1. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas,
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or
ENGINEER hereunder, will be submitted to mediation. If mediation is
unsuccessful, the claim, dispute or other matter in question shall be
submitted to arbitration if both parties acting reasonably agree that the
amount of the dispute is likely to be less than $50,000, exclusive of
attorney's fees, costs and expenses. Arbitration shall be in accordance
vAth 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
ENGINEERING AGREEMENT
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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.
M. Negotiated Agreement.
The parties acknowledge that each party and its counsel have reviewed
and revised this Agreement and that the normal rules of construction to
the effect that any ambiguities are to be resolved against the drafting
party shall not be employed in the interpretation of this Agreement or
exhibits hereto.
ENGINEERING AGREEMENT
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Article Vil
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
ATTEST: CITY OF FORT WORTH
By:
Gloria Pearsori,—, Marc A. Oft
City Secretary Assistant City Manager
APPROVAL RECOMMENDED
, ontraCt Author12atlOn
A. Douglas Rademaker, P.E.
Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
I OCKWOOD, ANDREWS & UE NAM, INC.
ENGINEER
By:
Assistant City Attorney atrick E. 4,
Busines UP rector
r
ENGINEERING 413REEMENT
Page 1 5 of 15
ATTACHMENT "A"
General smpeof se ces
"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 utilifies-
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
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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,
Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic
film sheets, or as otherwise approved by the Department of Engineering and shall
become the property of the City. City may use such drawings in any manner it desires;
provided, however that the Engineer shall not be liable for the use of such drawings for
any project other than the project described herein; and further provided, that the
Engineer shall not be liable for the consequences of any changes that are made to the
drawings or changes that are made in the implementation of the drawings without the
written approval of the Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction of
the project. Engineer shall determine ownership of such land and furnish the City with
the necessary right-of-way sketches, prepare necessary easement descriptions for
acquiring the rights-of-way and/or easements for the construction of this project.
Sketches and easement descriptions are to be presented in form suitable for direct use
by the Department of Engineering in obtaining rights-of-way, easements, permits and
licensing agreements. All materials shall be furnished on the appropriate City forms in a
minimum of four(4) copies each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans
and Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to
any proposed utility liens or adjustment to existing utility lines within the project limits.
The information obtained shall be shown on the conceptual plans. The Engineer shall
show on the preliminary and final plans the location of the proposed utility lines,
existing utility lines, based on the information provided by the utility, and any
adjustments and/or relocation of the existing lines within the project limits. The
Engineer shall also evaluate the phasing of the water, wastewater, street and drainage
work, and shall submit such evaluation in writing to the City as part of this phase of the
project®
10) Conceptual Plans
The Engineer shall furnish four (4) copies of the Phase I 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 fumish 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.
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PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction
plans and contract specifications. The approved plans and contract specifications shall
be used as authorized by the City for use in obtaining bids, awarding contracts, and
constructing the project.
17) , Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the
bidding documents, and assist the owner in determining the qualifications and
acceptability of prospective constructors, subcontractors, and suppliers. When substitu-
tion prior to the award of contracts is allowed by the bidding documents, the Engineer
will advise the owner as to the acceptability of alternate materials and equipment
proposed by the prospective constructors.
18) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the
construction of the project and shall make a recommendation of award to the City,
19) Prebid Conference
The Engineer shall attend the prebid conference and the bid opening, prepare bid
tabulation sheets and provide assistance to the owner in evaluating bids or proposals
and in assembling and awarding contracts for construction, materials, equipment, and
services.
PHASE
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.
A_
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.
EXHIBIT "A-11"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
SANITARY SEWER REHABILITATION CONTRACT LXVII (67)
DESIGN SERVICES: SEWER RELIEF/REPLACEMENT/REHABILITATION
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
"A". Work under this attachment includes the construction of new main sewers and laterals and
the replacement of main sewers to increase hydraulic capacity in the sanitary sewer main 267
drainage area. The new sewer mains and replacement mains consist of approximately 15,045
linear feet. The construction work will comprise three construction projects.
Part 1 — Sanitary Sewer Extension from M-2728 to Proposed Museum Way Lift Station. This new
sewer main starts at Main 272-13, located in the floodway of the Clear Fork, and ends at the
proposed Museum Way lift station site. The routing will be through Trinity Park, under the levee
and under an existing 48-inch interceptor (Main 439). The approximate length will be 1,015
linear feet. The approximate diameter to be 12". The connection to the existing Main 272-B will
consist of a modified Type A manhole structure.
Part 2 — Sanitary Sewer Extension from Proposed Museum Way Lift Station to Carroll Street.
This new sewer main will continue from the proposed Museum Way lift station site west on 7t"
Street, then north on Carroll Street. The sewer main will provide service to approximately the
south half of the Montgomery Ward site, as well as areas located west of Carroll Street.
Laterals L-1894 and L-1895, which are located south of the raw water gravity lines to the Holly
water treatment plant, will be relocated to permit gravity flow south to the new sewer extension.
Existing sanitary sewer services from the south portion of the Montgomery Wards site shall be
transferred to the new sanitary sewer main in Carroll Street. The wastewater flow into Sewer
Lateral 1894 north of the raw water gravity lines will continue to flow northward to sanitary
sewer main 132. Connecting laterals will be realigned as required,
Mab Xisti0g-&Ze Len=
M- (new) N/A 11,960'
L-1894 8%10" 1.100`
L-1895 8" 1,290'
Connecting Laterals 6"-8" 50' each
(6656, 2776, 2811, 1893, 1892, 1891 and 2351)
EA1-1
Part 3 — Sanitary Sewer Replacement of Main 132 and Main 146 in White Settlement Road and
Wimberly Drive. This project consists of the replacement of the following sewer mains and
laterals with deeper lines from the west side of University Drive to either Main 545 (the West
Fork interceptor) or to Main 439. The connection will be near Jacksboro Highway. Main 132
and 132R located in Wimberly Drive will be abandoned after the laterals and services
connecting to these lines have been extended and connected to the new main. A new lateral
located in Adolph, north of the gravity raw water lines, will provide service to approximately the
north half of the Montgomery Ward site and the area north to White Settlement Road. The line
will be located on the east side of the site. Connecting laterals will be realigned as required.
Mab Existing Size Length
M-132 (new) N/A 1,300'
M-132 15"-24" 6,035'
M-146 15" 675'
L-Adolph (new) N/A 1,640'
L-2921 8" 280'
Connecting Laterals 8"-12" 50' each
(2351, 2596, 1894, 1898, 2732A, 2734, 2706, 2713, 2749, 2727 and 2729)
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:
1) One (1) pre-design kick-off meeting, (including the CITY's Department of Engineering
and other departments that are impacted by the project),
2) One (1) review meeting at completion of the City's review of the conceptual
engineering plans.
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b' Research of Rehab History
The ENGINEER will conduct Q review Of COrnp|8t9d S8DU8ry sewer replacement and
rehabilitation work in the Main 207 Drainage Area. This will include discussions with
V@hOUS CITY departments, and coordination with |0c8| consultants engaged in past and
current sanitary sewer improvement projects. Interviews will also be CODdUCt8d with staff iD
the Field {}pe[8UOD8 Division. The research data will be compiled and mapped tQavoid
potential duplication Of work proposed under this contract,
m' Coordination with Other Agencies
During the concept phase the ENGINEER shall coordinate with utilities, including utilities
0vvDed by the Qb/. Parks and C0OlOOUOitv Services Department, Corps of Engineers,
TXD{)T, T8FG3Dt Regional VV8t9[ Board, and railroads. These entities shall also be
contacted if 8ppl}C8b|e, t0 determine plans for any proposed f8Ci||UeG or adjustment to
existing facilities within the project UnlitS. The information obtained shall be shown oOthe
CVDQ3pt p|8OS. The ENGINEER Sh8|| show the |OC8boO of available proposed Ud|itv |}DeS.
available existing utility lines and any available 8diUS(DleDtG 8Dd/O[ R3|0C8hODS Of the
existing |iD8S vvdhiD the project limits. ENGINEER Gh8|| complete forms necessary for City
t0 0bLa/D permit |e8enG from Corps of EOgiDeerS, TXO[>T, Tarrant Regional Water Board
and [8i|nO8dS. and SUbDld such fOrDlS t0 the City. City shall be responsible for forwarding
the f0rDlS to the affected 8gSOCieS for execution. At0t8l of sixteen (16) meetings have
been assumed to accomplish the coordination, obtain information and permitting.
2' Monthly Progress Report and Neighborhood Newsletter
8. The ENGINEER Sh8|| host, attend and participate in G DlOOth|y p[Ogn8SS rO8ebOg as
requested by the City. The ENGINEER shall submit 8 progress SCh8dV|e after the design
CODtr@Ct iS fully executed. The schedule Sh8U be updated and submitted to the CITY along
with [OODth|y progress report as required under Attachment B of the CODLr@[t. A total of nine
(9) monthly design progress 08eUOgS and two (2) CO0OlUOitv Fe|@L|Ons One8bDgS have been
assumed. Engineer will be responsible for preparation of presentation exhibits for community
relations meetings.
b. ENGINEER will prepare a quarterly newsletter detailing the status of the project for
distribution to the affected Neighborhood Association, The newsletter will he reviewed and
approved by the City prior todistribution.
PART B - CONSTRUCTION PLANS AND SPECIFICATIONS
EA1~3
1. Conceptual Engineering
a. Alignment Option
The ENGINEER will provide the following services in evaluating an alternate route to the
existing sewers as described herein:
1) The Alternate Route Option evaluation will be limited to the following sewer segments:
i. Main 272E to Museum Way lift station site Main
ii. Sanitary Sewer Main 132 and Main 146
2) Review property ownership strip maps obtained from the City of Fort Worth and the
Tarrant County Tax Assessors Office.
3) Review City Sewer maps.
4) Drainage Area Evaluation. Evaluate the drainage area affected to determine the
feasibility of making changes in the collection lines to be connected to the proposed
mains. This work will be in conjunction with the development of the Montgomery Ward
site, the development of the S07 site, and the proposed CITY SSES. ENGINEER will
coordinate with the Montgomery Ward Engineer and the S07 Engineer in Fort Worth. A
total of four local meetings have been assumed for this work with minutes prepared for
these meetings.
5) The CITY will provide the flow data, connecting laterals or lines to be relayed, and
final determination of the collection lines to be replaced with deeper lines. ENGINEER
will determine the appropriate size based on the allowable slope between the existing
point of discharges and the sewer main connection and the connection of the sewer
main with the interceptors. Flow modeling is not included in this scope of work.
6) Evaluate two (2) alternate alignments for the sewers. For the alternate alignment
provide the following:
i. Opinion of probable construction cost.
H. Advantages and disadvantages compared to existing alignment.
iii- Opinion of probable permits and easements to be acquired,
iv. Location map.
7) Accompany CITY on the following field reconnaissance's-
EA1-4
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i Initial reconnaissance to observe alignment Of existing sewers.
ii Final reconnaissance k] observe recommended alignment.
O\ Prepare draft Alignment Option Evaluation memorandum setting h]rthCOOC|U8iOns and
necOrDOOeOd[tiODS of eV@|U@tiOn and submit five /5\ copies to CITY. (Will be submitted to
the CITY along with the C0Oc8ptU8| O63igD 8UFnn18ry Report). Meet with City to review
draft rDe[OOn8OdUnO and receive CITY C000rD8O[S. ENGINEER will provide CITY GD
acceptable alignment option.
8) Review existing geOteChDiC3| reports and iOfOrDl8dOO and advise the City if additional
g8O0eChnicB| testing is required for d9S|gO Of the project. ASSiS[ City in preparation of
8DDp8 of Work for additional gOOteChOiCa| testing. NOTE: QeO[8ChniC8| testing and report
will be furnished by the City or as an additional service if requested by the City.
10) Finalize DlerDOcaOdUDl and submit five /5\ COpiOS to CITY. After finalizing
0e0O[8OdUno, CITY will provide ENGINEER with written @ppPDV@| Of selected alignment
and Notice b] Proceed with Part B— CONSTRUCTION.
b' Conceptual Design Summary Report
A design summary report shall be submitted to City 90 days after Notice to Proceed Letter
is issued. Conceptual design summary report shall include alignment option OVa|U@dOO
CO0lpl8t9 with C0St 8SbOl8teS. e@S9DleDt and right of way n3qUi[9DlentS, and exhibits.
2' Preliminary Engineering and Surveying
Upon app[0V8/ of Part B, Section 1, ENGINEER will perform survey and prepare preliminary
COns{rUSd0O plans asfollows.
a' Surveys for Design
1\ ENGINEER will perform field surveys to collect horizontal and vertical elevations and
other information which will be Deeded for Use by the ENGINEER in design and
preparation of plans for the project. Information gathered during the survey shall include
topographic data. elevations OY all sanitary and adjacent storm sewers, rim/invert
8|eVaUoOs. |OcahDD of buried ui|||UeS (if available), structures, and other above ground
features relevant tO the final plan sheets.
EA1~5
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2\ Compile base plan from field survey data at1"-40' horizontal and 1" 4' vertical
scale.
3) Set Q]ndrO| points for the project one time only (i.e. tie SU[Yey to permanent
monument such as TPVV nnOnunl8ntS and/or property corners) at beginning and end of
project, p(US @ppn3xiDl8tO|y every 500 L.F. along the proposed alignment. They Sh8U
contain the following iDf0[DlGtiOD:
i Identification (Existing City K4ODU[OeDt#8901. PK Nail, 5/8" ([DO Rod).
ii. X. Y and Z Coordinates, in an identified COOndiD8te system, and a referred
bearing base. Z coordinate on City Datum only.
iii. Descriptive LOSadOO /Ex. Set in the CeO0e[(in8 of the inlet in the South CU[b line Of
North Side Drive at the East end Of radius at the Southeast corner OfNorth Side
Drive and North K48iD Street).
iv. Coordinates On all P.C.'S, PT.'S' P.(.'S' K88OhO|eS' V@(V98. StC., in the S8Dle
coordinate system @Sthe control.
v. No less than two horizontal control points, per line O[ location.
Vi. Bearings given QO all proposed centerlines Orbaselines.
4\ For sewer lines located/n alleys Or backyards, obtain the following:
i� Obtain permission for surveying through private property.
ii. LOC3t8 horizontal and vertical 8|igDrneDt Of utility lines. Tie improvements, trees,
f8DCCS. Vva(|S' 8LC,. horizontally 3|ODg n38F lines in an approximately 20' wide
strip. In addition, locate all rear house corners and building COFOe[S in backyards.
5) For sewer service R9nOUtes. obtain the fO||OVViDg:
i� During design survey bB the |OC8tiOn of visible property clean 0UtS, if rod can
be inserted through the c|eaOOU1tO the bottom of the S8[ViC8 |iO8' obtain the f|OYY
line elevation,
ii� Obtain field sketch "foot print" of all structures where the sanitary sewer service
line i0tD be n8|QCa[ed or rerouted.
b. Rigbt~of-Way Map Preparation for Design
Conduct property research for availability of existing plats and easements, Prepare
right-of-way maps for design purpose based OD property/right-of-way neSe@[Ch
information found and available on ground property information /i.8,. inDD K}ds, feDces,
stakes. etc.).
EA1-6
u' File Format Submittal
All field notes, plats, DlapS. legal descriptions, GU drawing files, or Other SpeChh8d
dQoUOleDt8 prepared in conjunction with the requested services Sh8U be provided in
K1iCn}St8t|OD (DGN) fVr[D@L All text data such as base plan data points, !eg@l
descriptions, and coordinate files, shall be provided iD the American Standard Code for
Information Interchange A\SC||> format.
d' Public Notification
Prior to conducting design ourvey. ENGINEER will notify affected residents of the project in
writing. The notification letter shall be on company letterhead and shall include the following:
project nenne. |imitm. 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. When 0ODdU{tiDg design SUn/ey at any |OC8tiOn OD the project, the
CODSU/t3Ot or its SUb-COnSU!t3nt shall carry readily visible infO[FOGdOD identifying the
name Of the company and the company representative. All company vehicles shall also
b8 readily identified.
e. Right-of-Way Research
The ENGINEER will conduct preliminary neSe8n:h for availability of existing e8S8Dl8D[S
VVh8[8 open-cut C0DSt[UCtiOD or Pe!oC@bQD Of existing a|igODl8DtS is probable. Te[DpO[3n/
and permanent easements will be appropriated based on available iAfO[0@tiOD and
recommendations will be made for approval by the City.
f. Rig ht-of-vvaV/Easemment 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". A
total Of eight /B\ legal descriptions with exhibits and eight (8) rights Of entry have been
assumed for the Project.
g~ Construction Plans
1\ Overall sanitary sewer layout sheets and an overall easement layout sheet(s),
2\ Preliminary project plans and pR3O|e sheets which show the following: Proposed water
and/or sanitary sewer plan/profile and recommended pipe s|ze, fire hydrants, water service
EA1~7
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UDeS and meter boxes, gate Valv8S, iSOkatk}D valves and all pertinent information needed b3
construct the project. Legal description (Lot Nos., Bk]Ch Nos., and Addition Names) along
with property ownership shall be provided 0O the plan view.
3\ 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.
Section 2. Conflicts shall be resolved where pipelines are {Obe rehabilitated OO the same
line SegrDeDL E]8S8 sheets Sh8U F8f8rBDCe affected O[ adjacent streets. Where open-cut
CODsi[U{tiOn i8 @DbCip8t9d' below and above ground utilities will be |OC3Led and ShOvvO OO
the base sheets.
4\ Existing UU|iU8S and utility easements will be ShOVYn on the p|8D and profile sheets.
ENGINEER will COOndiD@te with utility CODlp@n/eS and the City of Fort Worth to
determine if any future iDlp[0Ve0eDtS are planned that may impact the project.
5) The ENGINEER Sh8|| make pP0viS/OnS for reconnecting all VV8ie[ and/or wastewater
S8rViC8 lines which connect directly iO any [D8/n being replaced, including nep|8CR[OeOt
of existing service lines within City right-of-way or utility easement. When the existing
alignment Of 8 water and sanitary Sevv9[ Dl@iO Or |3ie[8| is changed, p[0viSiODS will be
03d8 in the final plans and/or specifications by the ENGINEER to relocate all service
lines which are connected to the existing Dl@iD and connect said service //n8S to the
relocated main.
O\ The ENGINEER will prepare standard and special detail sheets for water line
inSt8//3tiOO and sewer rehabilitation Ur replacement that are not already included in the
D-8eCbOO of the City's specifications. These may include connection details between
V@riOUS parts Of the project, tunneling details, boring and jacking details, waterline
n8|OC8tiOO8, details unique t0 the COOStrUCtiOD of the project, {nench/eSG details, and
special service lateral reconnections.
7) Traffic Control, Discussions will be held with the CITY Traffic Engineer regarding the
requirements for traffic control. EY8/u@{innS will be made as to the method of
construction at the crossing White Settlement intersections and other areas as to the
feasibility ofboring at these locations versus open cut.
8\ The CITY will provide ENGINEER electronic files of the contract documents,
technical specifications, and standard detail drawings for use in preparing the Project
Documents,
9\ Utility Clearance Phase
EA1~8
The ENGINEER will consult with the City's Water Department, Department of
Engineering, and other CITY departments, public utilities, private utilities, private
utilities and government agencies to determine the approximate location of above and
underground utilities, and other facilities that have an impact or influence on the
project.
ENGINEER will design City facilities to avoid or minimize conflicts with existing utilities.
The ENGINEER shall deliver 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.
10)Preliminary construction plan submittal
Preliminary plans and specifications shall be submitted to City 120 days after approval
of Part B, Section 1.
i. 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 and will include the listed number of
sheets for all three construction packages:
■ Cover Sheet with location map (three)
• Drawing Index Sheet (three)
• Legend, Abbreviations and General Notes Sheet (three)
• Quantity Sheet (three)
• Survey Control Drawings and Overall Layout Sheets (four at 100 scale)
• Property and Ownership Drawings (eight at 60 scale)
• Traffic Control Drawings (sixteen at 50 scale)
• SW3P (According to State Standards)
• Plan and Profile Sheets (thirty-eight at 4 and 40 scale)
■ Interceptor Connection Drawings (two)
• Standard Construction Details and Special Details (twenty)
• Signage and Pavement Marking Drawings (four)
ii, 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,
E -9
11) 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.
12) Public Meeting
After the preliminary plans have been reviewed and approved by the City, ENGINEER
shall prepare exhibits along with an invitation letter and attend public meeting to help
explain the proposed project to residents. The CITY shall mail the invitation letters.
3. Final Engineering Plan Submittal
a. Documents
Final Construction Documents shall be submitted to CITY 30 days after approval of Part B,
Section 2.
Following CITY approval of the recommended improvements, the ENGINEER shall
prepare final plans and specifications and contract documents to CITY (each sheet shall
be stamped, dated, and signed by the ENGINEER) and submit two (2) sets of plans and
construction contract documents within 15 days of CITY's final approval. Plan sets shall be
used for Part C activities.
b. ENGINEER's Estimate of Probable Construction Cost
The ENGINEER shall submit a final estimate of probable construction cost with the final
plans submitted.
PART C - PRE-CONSTRUCTION ASSISTANCE
1. Administration
a. Deliver Bid Documents
The ENGINEER will make available for bidding, upon request by the CITY, up to forty (40)
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.
EA1-10
b. Bidding Assistance
The ENGINEER shall assist the CITY during phase including preparation and delivery of
addenda to plan holders and responses to questions submitted to the DOE by prospective
bidders. Engineer shall attend the scheduled pre-bid conference.
The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The
ENGINEER shall attend the project bid opening develop bid tabulations in hard copy and
electronic format and submit four(4) copies of the bid tabulation.
c. Assistance During Construction
The ENGINEER shall attend the pre-construction conference for the project. The
ENGINEER shall also consult with and advise the CITY on design and/or construction
changes, if necessary. No periodic site visits are included.
EA1-11
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EXHIBIT B-2
HOURLY RATE SCHEDULE
Project Manager $135.00
Senior Engineer $120.00
Engineer $105.80
Engineer inTraining $75.00
Technician $70.00
Clerical $45.00
EXHIBIT "13-313"
FEE SUMMARY
CAPITAL IMPROVEMENT PROJECTS
(Fee Based on Percentage of Construction Cost)
Description Total
Opinion of—Probable--Construction-Cost----------------$2,-93-0,17-5
Curve-A x 0.85 5.6%
Engineering Design $164,090
Engineering Design (sub) $8,800
Survey Design (sub) $44,085
Reproduction (prime) $11,850
------------------------- --------- -------
Reproduction (sub) $1,875
Additional Services (Permits) $14,290
Additional Services (PR) $8,320
Additional Services (ROW Maps- sub) $5,000
Additional Services (Es-mt-&--ROE--- prime} $5,220
Sewer Fee $254,730
10% For Sub $5,976
TOTAL FEE $260,706
Sub engineering is included with prime's
design fee, but subject to 10%
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Attachment "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A
SANITARY SEWER REHABILITATION CONTRACT LXVII (67)
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LEGEND
NEMV PPE
EAST-HNG PPE
City of Fort Worth, Texas
"agar (I"d 4:0u"Cil commou"icatio"
DATE REFERENCE NUMBER 7L0G NAME 60LAN I PAGE I of 2
5113103 **C-1 9585 1
SUBJECT APPROPRIATION ORDINANCE AND ENGINEERING AGREEMENT WITH
LOCKWOOD, ANDREWS & NEWNAM, INC. FOR SANITARY SEWER
REHABILITATION CONTRACT LXVII (67)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $270,706 from the Water and Sewer Operating Fund to the Sewer Capital
Project Fund; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Projects Fund in the amount of $270,706; and
3. Authorize the City Manager to execute an engineering agreement with Lockwood, Andrews &
Newnam, Inc. in the amount of $260,706 for the Sanitary Sewer Rehabilitation Contract LXVII (67).
DISCUSSION:
On January 28, 2003 (M&C C-19454), the City Council approved an enhanced Community Facilities
Agreement for the South of Seventh development. In addition, remaining properties along West 7th
Street between the Clear Fork of the Trinity River and the Cultural District have experienced re-
development activities.
Over the years, several sanitary sewer mains and laterals that serve these developments have
experienced maintenance related problems that resulted in manhole overflows and backups. Field
investigation has determined that these mains and laterals contain structural defects, and are generally
placed at flat grades at a very shallow depth.
The engineer will conduct an alignment study and prepare plans, specifications, permits, and
easements for the realignment, replacement, and capacity improvement of approximately 15,000 linear
feet of sanitary sewer mains and laterals in White Settlement Road, Wimberly Street, West 7th Street,
and Carroll Street.
In addition to the contract cost, $10,000 is required for staff review.
This project is located in COUNCIL DISTRICT 9.
1 Lockwood Andrews and Newnam, Inc. is in compliance with the City's M/WBE Ordinance by committing
I
1 to 22% M/WBE participation. The City's goal on this project is 22%.
City of Fort Worth, Texas
"agor A"d cou"Cit communicatio"
DATE REFERENCE NUMBER LOG NAME PAGE
5/13/03 **C-"19585 � 60LAN � 2 of 2
SUBJECT APPROPRIATION ORDINANCE AND ENGINEERING AGREEMENT WITH
LOCKWOOD, ANDREWS & NEWNAM, INC. FOR SANITARY SEWER
I REHABILITATION CONTRACT LXVII (67)
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.
MO:k
Submitted for City Manager's i FUND 1 ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by.- (to)
---------------------------
1&2)PS58 472045 i 070580175790 $270,706.00
------ ------ 1 1--- --- --
Marc Oq 84776 1 2)PS58 531200 070580175790 $260,706,00
0 n
Originating Department Head: 2)PS58 11 7 070580175790 $ 10,0W00
Macbell Brown(Acting) 8207 (from) APPROVED 05113/03
3)PS58 531200 070580175790 $260,706,00
1)PE45 538070 0709020 $270,70&00
rAdiiition;f Information Contact:
City of Fort Worth, Texas
"agar el"d 4:0u"Cit 4:ommullicatio"
DATE REFERENCE NUMBER LOG NAME PAGE
5113/03 **C_195$5 60LAN 1 of 2
SUBJECT APPROPRIATION ORDINANCE AND ENGINEERING AGREEMENT WITH
LOCKWOOD, ANDREWS & NEWNAM, INC. FOR SANITARY SEWER
REHABILITATION CONTRACT LXVII (67)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $270,706 from the Water and Sewer Operating Fund to the Sewer Capital
Project Fund; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Projects Fund in the amount of$270,706; and
3. Authorize the City Manager to execute an engineering agreement with Lockwood, Andrews &
Newnam, Inc. in the amount of$260,706 for the Sanitary Sewer Rehabilitation Contract LXVII (67).
DISCUSSION:
On January 28, 2003 (M&C C-19454), the City Council approved an enhanced Community Facilities
Agreement for the South of Seventh development. In addition, remaining properties along West 7th
Street between the Clear Fork of the Trinity River and the Cultural District have experienced re-
development activities.
Over the years, several sanitary sewer mains and laterals that serve these developments have
experienced maintenance related problems that resulted in manhole overflows and backups. Field
investigation has determined that these mains and laterals contain structural defects, and are generally
placed at flat grades at a very shallow depth.
The engineer will conduct an alignment study and prepare plans, specifications, permits, and
easements for the realignment, replacement, and capacity improvement of approximately 15,000 linear
feet of sanitary sewer mains and laterals in White Settlement Road, Wimberly Street, West 7th Street,
and Carroll Street.
In addition to the contract cost, $10,000 is required for staff review.
This project is located in COUNCIL DISTRICT 9.
Lockwood Andrews and Newnam, Inc. is in compliance with the City's M/WBE Ordinance by committing
I to 22% M/WBE participation. The City's goal on this project is 22%.
City of Fort Worth, Texas
ivow "Jelvor conch councii! communication
DATE REFERENCE NUMBER LOG NAME PAGE
5113103 **C 60LAN 2 of 2
SUBJECT APPROPRIATION ORDINANCE AND ENGINEERING AGREEMENT WITH
LOCKWOOD, ANDREWS & NEWNAM, INC. FOR SANITARY SEWER
REHABILITATION CONTRACT LXVII (67)
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.
MO:k
Submitted for City Manager's FUND ACCOUNT CENTER I AMOUNT CITY SECRETARY
Office by: (to)
1&2)PS58 472045 0705801757903 $270,705.00
Marc 0a 84776 2)PS58 531200 070580175790 1 $260,706.00
--4
,
O riginatin,Department Head: 2)PS58 511070 070580175790 $ 10,000,00 i
,F—
1 Maebell Brokvn(Acting) 8207 (from) APPROVED 0-5/13/03
1 3)PS58 1 ORD,# 15-557
09020 $270,70
1 6,
on I
Additional Information Contact: i PE45 538070 077--l--i -
Maebell Brown(Actina) 18,'207