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HomeMy WebLinkAboutContract 27255CITY O� �ORi V�lO�i�'�f, T�XAS SiANDaRD AGR��fiIII�N7 �UR ENGIAIEER[NG SERVIC�S This AGREEMENT is between the City of Fart Worth (the "CITY"), and Turner Collie & Braden Inc. (the "ENGINEER"}, for a PROJECT generakiy described as: 5outh Sho�e Wateriine Improvements. Article I 5cope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation �IiY S��R�i��Y � - - � ;ON��ACT N� . A. The ENGIN�ER's compensation is set farth in AttacY�ment B. Article lll Terms of Payment Payments to the ENGlNEER wifl be made as follows: A. invaice and Payment (1) The Engin�er shall �rovide the City sufficient documentatian to reasonably substantiate ihe invoices. (2) Manthly invoices will be under this AGREEMENT rec�ipt. issued by the ENGINEER for all work pe�formed . Invoices are due and payable within 30 days of {3) Upon completion of ser�ices enumerated ir� Article i, the final paym�nt of any �alance wi[I be cfue within 3Q days of receipt of the �nal invoice. (4} In the event of a disputed ar contested billing, anly that portion so contested will be withheld firom payment, and the undisputed portion wil[ �e paid, The CiTY will exercise reasonabl�ness in coniesting any biEl or portian thereof. No interest will acerue on any cantested pottion of the bi{ling until mu#uaily resol�e�. {5) If the C1TY fails to make payment in full to �NGIN�ER for billings contested in good faith wifhin 6a days of the amount due, the ENGINEER may, after giving se�en (7) days written notice to the CITY, suspend services under this AGREEM�NT until paid in full, including interest. In the event of suspensior� of services, the ENGIN�ER shall have no liability to the CITY for delays or damages caused the CiTY because of such suspension af ser�ices. -1- ��l���C�6�1d �C��� L�� ����� ,�� �y��� �� � � .=o ��_ art«i� iv Obligatians of the �ngineer Amendments to Article N, �f any, are inciud�d in Attachment C. �. GeneYal The ENGINEER will serve as the CITY's professianai engineering representative under this Agreement, praviding praf�ssionaf engineering consultatian and advice and furnishing customary services incidental fhereto. �. Standard og Caee The sfandard of care applicable to the ENG{NEER's services will be the degree of skiN and diligenr,e normafly employed in the 5tate of Texas by professional engineers ar consulfants performing the same or similar services at the time such services are perFormed. C. S�bsufface lnvestigafions (9) The ENGfNEER 5hall advise the CITI' with regard to the necessiky for subcont�act wark such as special surveys, tests, t�st borings, or other s�hsurface in�estigatiQns in connection with design and engineering warlc to be pertormed hereunder. The ENGlNEER shafl also ad�ise ihe CkTY conceming t�e results af sarne. Such surv�ys, tests, and inuestigations shall be furnished by the CITY, unless otherwise specified in Attachmer�t A. (2} In soils, foundatian, groundwater, and other subsurtace in�es#igations, the actual characteristics may vary significantly between succ�ssive test paints and sample inter�als and at locatians other than where observations, exploration, and investigations have been made. Because of the inherent ur�certainties in su�surface e�alua#ions, changed or unanfici�afed underground conditions may occur that could affec� the total PROJ�CT cast andlor execution. These cond�tions and costlexecution effects are not the r�sponsi�ility of the ENGINEER. �. Pr�pa�ation of �ngin�e�ing D�awings The ENGINEER wi�l provide to the CITY t�e original drawings of all plans in ink an reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may us� s�ch drawings in any manner it desires; �rovided, fi�awever, thaf the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. _2_ E. Engin�er's Pe�sonnel at Constpuction Site (1) The presence or duties of the ENGINEER's personnef at a construction site, whether as ar�-site representatives or otherwise, do not make the ENGENEER ar its persannel in any way responsibl� for those duties that belong to the GITY andlor the CiTY's construction contrac#ars or other entities, and do noi relieve the construciion contract�rs or any other entity of their obligations, duties, and responsibilities, includir�g, �ut na# fimited to, alf constructian me#hods, means, techniques, sequences, and ��ocedures necessary for coordinaiing and complefiing all partions of the constrtaction work in accordance with the Confract Docum�nts and any heafih or safEty precautiar�s required by such construction wark. The ENGINEER and its persannal have no autt�arity to exercise any controi a��r any canstruction contract�r or other en#ity ar their employees in canrtection with th�ir work or ar�y health or safety precautions, {2) Excep# to th� extent nf speci#ic site visits expressly detailed and set forth in Atkachment A, the ENGINEER ar its Qersonnel shall ha�e no obligation or respansibifity ta visit #�e consiruction site to become familiar with the progress or quality of the camplefed work on the PROJECT or fo determine, ir� gene�al, i� the work on ihe PROJECT i� being perFormed in a manner indicating that #he PROJECT, when compieted, will be in accordance wi�h the Contract Documer�ts, nor shall anything in the Cantract Documents or the agreemen# between C[TY and ENGINEER be construed as requiring ENGINEER ta mak� exhaus#ive or continuo�s on- site inspections ta discover latent defects in the work or otherwise check the qualiiy o�- quantity of the work on the PRO,�ECT. if, %r any reason, the ENG{NEER shouid make an �n-site observation(s), on fhe basis of such on-site observations, if any, the ENGINEER shall endeavor ta #ceep fhe CITY i�farmed of any deviation from the Cantract Documenfs coming to the actual notice af ENGINEER regarding the PROJECT. (3) W'l�en prafessional certi�ication of pertormance ar characterisfics flf materiais, syst�ms or equipment is reasona�ly required to p�rtorrn the services set forth in the 5cape of Services, the ENGINEER shatl be ent'rilec� to rely upon such certiFcatian ta establish materials, systems or equipment and �e�fiarma�ce criteria to be requirecf in the Con�ract Dacuments. F. Opinions af Prohabte Casf, I�inancial �ons�derations, and Sct�edu��s (1) The ENGINEER shafl provide opinians af probable costs based on the current a�ailable in#ar�nation at tt�e time af preparation, in acc�rdance with Attac�ment A, {2} In prauiding ap�nions af cost, financia! analyses, economic feasibility pro�ections, and schedules for th� PROJECT, ihe ENGINEER has no control o�er cost or price of iabar and materials; unknown or 1at�nt , conditions of existing equipment or structures that may affe�# operation or maintenance casts; competitive bidding pracedures and market conditia�s; time or qualify af performance �y third par#ies; q�ality, type, management, -3-- or direct�on of operating persannel; and nther economic and nperational factors #hat may materEa!!y affect th� ultimate PR�JECT cost or sched�le_ Ther�fore, ihe ENGINEER makes no vvarranty that the C1TY's actual PROJECT eas#s, financial aspects, economic feasibility, or schedules will nat �ary from tF�e ENGINEER's opinions, analyses, projecfions, or estimates. �. Constpuction Progfess Payments Recommendations by the ENGINEER to t�e CITY for periodic construction progress payments to t1�e const�uction contrac#or will be based on the ENGINEER's knowledge, informatian, and belief from selecfive sampling and abs�rvafian thai th� work has pragressed to the point indicated. SUch recommendations do no# represent that continuous or detailed examinations have besn made by the ENGINEER �o ascertain that the co�struction contractor has completed the wark i� exact accarda�ce with the Cantract Dacuments; that the fmaE woEk will 6e acceptable �n alf respecfs; that the ENGINEER has rnade an examination to ascertain how or far w�at pu�pas� the construction confractor has used the mor�eys paid; that title �o any of the wark, materiaEs, ar equipment has passed �a the CITY free and clear of liens, claims, s�curity interests, �r encumbrances; or that there are not other maf��rs at issue between the C1TY and tF�e construction contractor that affect the amount that should be paid. H. Record Draw'rngs Record drawings, if required, wifl �� prepared, in part, on #he basis of information compiled and furnishad by others, and may not always represent the exact location, type of various components, or exact manner in which th� PROJ�CT was fnaEly constructed. The ENGINEER is not respansible for any errors or amissions in ihe information from others that is incorporated into the recard drawings. I. 11�inorifiy and �domar� �usiness Enterpr�ise (�iilF.�d��j par�icipafion In accord witF� City of Fort Worth Ordinance No. 11923, the City has goals for the participation of mir�arity business enterprises and woman business enterprises in City cantracts. Engir�eer acknowledges the MIIIVgE goal estab[ished � for this contract and iis commifinent to meet that goal. Any misrepresentation af facts (othsr than a neglig�nt mi5representation} andlor the commission af fraud by the Engineer may result in the termination of this agr�ement and debarment from participating i� City contrac�s for a period of tEme of not less than three (3) years. J. Ftight to Audit (�) ENGINEER agrees that the GITY sha!!, until the �xpiration of tt�ree (3) years after fina� payment under this contract, have access #o and the right to examine and photocapy any directly pertinent baoks, doeuments, papers and records o� the ENGINEER involving transacti�ns relating to this contract. ENGiNEER agrees that the CITY shall have access du�ing `, normal wor�Cing hours to all necessary ENGINEER facilities and shall be provid�d adequate and appropria#e work spac� in order ta conduct audits -4- in compliance with the provisions of this sec�ian. The CITY shall giva ENG{NEER reasonable advanc� notice of intended audits. (2� ENGINEER further agrees to inc{ude in a11 its subconsultant agreements h�reunder a pravision to the effect that th� subconsultanf agrees that the GITY shaN, �ntii the expiration a� three (3} years after fina! payment �nder the subcantrac�, ha�e access to and the righi ta examine ar�d phatocopy any directly pertiner�t boolcs, documents, papers and recards af such subconsultant, in�olving transactions to the subcontract, and fut�her, that tne CITY shali ha�e access during narmal work�ng hours ta all subconsultant faciliiies, and snall be pravided adequate and appropriate work space, in arder to conduct audits in compliance with the pra�isians af this article iogether with subsection {3)h�reof. CITY shall gi�e subcansu[tant reasonable advance notice af intended audi#s. (3) ENGINEER and subconsultant agree to photo copy suct� documents as may be req�ested by the C�TY. The C�TY ageees to reimburse ENGINEER for the cost of copies at the rate pu�[ished in the Texas Administrati�e Cod� in effect as af the tim� copyi�g is performed. K. �NGI[�EER's lnsurance {1) lnsurance coverag� and limits: ENGINEER shali pro�ide to the City certi�caie(s) of insurance dacumenting palicies of fhe foHowing caverage at minimum limits which are to be in effect prior tn commencement of work or� the PROJECT: Commercial General Liability $1,flD�,00n each occurrence $1,a00,00a aggregate Automo�ile Lia�ility $1,OOp,000 each accident (o� reasonab[y equivalent IimEts of caverage if writte� on a split limits �asis}. Coverage shall be an any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutary lim�ts Coverage B: $10Q,000 each accident $5d0,000 disease - policy limit $1 �0,000 disease - each em�loyee Prof�ssional Liabiiity $�,�40,040 each c[aimlannua{ a�gregaie (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CETY prior io ENGIN�ER � •, proceeding wi#h the PROJECT. -5- (a) Applicable policies shall be endorsed to name the CiTY an Additianal lnsured thereon, as its interests may appear. The term CITY sha[I include its employees, officers, officials, agents, and vofunteers as res�ects the contracted services. (b} Certificats{s} of insurance shall document fF�at insurance coverages specified according to items section K.(1) and K.{2) of this agreement are pro�i�ed undEr applicable policies documented thereon. (c) Any failure on documer�tation requirements. part af the CITY to request required insurance shall nat constitute a waEver af the insurance (d) A minimum of thir�y (3�) days notice o� cancellation, non-renewal or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be aceeptabfe in the event of non-payment af premium. Such terms shali be endarsed anto ENGINEER's insurance policies. Notice shall he sent ta th� respective Department Director (by name), Ci�y of Fort Worth, � 004 Throckmortor�, For� Worth, Texas 76102. (e} Insurers far a[I palicies must b� authorized to do business in �he state of Texas or be otherwise appro�e� by the CITY; and, such insurers shall be accepta�le to tf�e CITY in terms of their financial strength and solvency. (� Deduc�ib[e limits, or seif insured r�tentians, affecting insurance required herein may be acceptable to the CITY at ifs sale discretian; and, in lieu of traditianal €nsurance, ar�y alternative coverage maintained thraugh insurance pavls or risk �etention groups must be alsa approv�d. Dedicat�d fnancial resources or letters of cre�it may afso be accepta6le to the City, • {g) Appli�ab[e paEicies sha11 each be endarsed with a wai�er of subragation in fa�or of th� CfTY as respects the PRO.fECT. {h) The City shall be entitled, upon its request and withou# incurring expense, to review the ENG�N�ER's insurance policies including endorsements thereto and, at the CiTY's discretion, #he ENGINEER may be required to provide proof of insurance premium payrnents. (I) TF�e Commercial General Liabilify insurance policy shall have no exclusiorrs k�y �ndorsements uNess such are approved �y the CITY. (j) The Pro�essional Liability insurance pa{icy, if written on a claims made basis shall be rnaintaineci b� the ENGINEER for a minimum �`� two (2} year period subsequent ta the term of the respec#ive PROJEGT contract with the CITY unless such coverage is provided a the ENGINEER on an acc�rrence basis. (k} The CITY sha11 not be r�sponsible for the direc# payment af any insuranc� pre�niums reauired by ihis agreement. It is understood that �nsurance cost is an allowable companent of ENGiN�ER's a�erhead. (I) All insurance required in sectio� K., except for the Professional Liability insuranc� policy, snall be written on an accurrenc� basis in order to be approved by the CITY. (m) 5ubconsuitants to the ENGINEER shall be requEr�d by the ENGINEER fo maintain the same or reasonably equivaler�f insurance coverage as required for the ENGINEER. When insurance coverage is maintain�d by suhconsuftants, ENGINEER shai[ provide CfTY with dacumentatian thereof an a certificate �f ins�rance. Notwithstanding anything to #he contrary conta9ned herein, in ft�e event a subcansultant's insurance coverage is canceied or terminated, such canceliat�on or termination shail not constitute a breach by ENG[NEER flf fihe Agreement. �, fndependet�t Consul�ant The ENGINEER agrees to perFarm al! services as an independent cansultant and not as a subcontractor, ager�t, or employee of �he CITY. IVY. Disclosure TF�e ENGINEER acknowEedges to the CITY that it has made ful! disclosure in wri#ing of any existing conflicts of inter�st or potential conflicts of interest, including persanai financial interest, di�ect or indirect, in praperty abutting the proposed PROJECT and b�siness reiatianships w�th abutting praperty cifiies. The ENGINEER fu�#her acknowledges that it will make disclosure in writing of any cor�flicts of interest which develop subsequent to #he signing o� this con#ract and prior to final paymer�t u�der the contract. N. Ashestos op I�axardoc�s Substances {1 } If asbestos or hazardous substances in any �orm are encouniered ar suspected, the ENGtNEER wil{ stop its awn work in the affec�ed portions �f the PROJECT to permit kesting and evaluatior�. (2) If asbestos ar other hazardous substances are suspected, the ENGiNEER wilf, if requested, ass9st the CITY in obtaining the s�rvices of a quafified subcontractor ka manage the remediation activities of the PROJECT. �. Permitting Authariii�s � �esign Changes '� . If permitting authorities require d�sign changes so as to campiy wit}� published design criteria andlor current engineering practice standards which the ENGINEER -7- should hav�e been aware af af the time this Agreement was executed, th� �NGWEER s�all revise plans and specifEcatians, as required, a� its own cost and exgense. However, if design changes are required due to fhe changes in the permitting authorities' pubEishec4 design criteria andlor practice standards criteria which are publisl�e� after the date af tl�is Agreement whic� the ENGINEER couid nat ha�e bsen reasona�ly aware of, the ENGINEER shall notify th� C�TY af such changes and an a�}ustment in compensation wi11 be made through an amendment to this AGREEMENT. Article V Obligafions of the C�ty Amendments to Article V, if any, are included in Attachment C. A. City�Furnished �ata The CITY will make available to fhe ENGINEER all technical data in the CiTY's possess�on relsting to the ENGINEER's services on th� PRO,]ECT. The ENGINEER may rely �pan the accuracy, timeliness, and completeness of ihe information provided by the ClTY. B, Access to �acilities and Ppa�erty The CITY will make its facilities accessible ta the ENGINEER as required for #h� ENGINEER'� perfarmance af its services and will provide labar and satety equipment as reguired hy the ENCINEER for such access. The GITY will pertorm, at no cost to the ENGINEER, such tests of equipment, machin�ry, pip�li�es, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The ClTY will be responsible #or all acts of the C1TY's personnel. C. Advertisements, Permits, and �#ccess Unless otherwise agreed to in the Scope of Services, ihe CITY will obtain, arrange, and pay for a[I ad�ertisements for bids; permits and licens�s required by local, state, or federal au�horities; and land, easemer�ts, rights-of-way, and access necessary for the ENGINEER's setvices or PROJECT canstruction. �. Timely Review The CITY wil{ examine the ENGiNEER's studies, re�orts, ske#ches, drawings, sQecifica#ions, proposals, and o#her documents; obtain advice of an at�orney, insuranee couns�lor, accountant, auditor, hond and fnar�cial advisors, and other consultants as t�e CITY deems apprapriate; and rend�r in wriiir�g decisions required by the CITY in a timely manner in accordance with #he project schedule in A�tachment D. � � �. P�ompt Natice : The CITY wil� giva prompt written natice ta the ENG1NEEa whenever C{TY obs�rv�s vr becomes aware af any development that affects t�e scope or timing of the ENGINEER's services or of any defect in th� work of the ENGINEER or construciion contracto�s, F. /�sbestos or° Hazapdous Suf�stances anc[ 1ncEemnification (1} To the maximum extent permitt�d by 1aw, the Cl'TY wifl indem��fy and release ENGiNEER anci its ofFicers, �mpioyees, and subcontractors from aEl claims, damages, losses, and costs, inciuding, but �ot limited to, attomey's fees ar�d litigatian expenses arising aut af or relating to the presence, discharge, release, or escape of hazardous substanc�s, contaminants, or asbestos on or fram fhe PROJECT. Nothing contain�d herein shall be construecf fo require tne CITY ta levy, assess or coqect ar�y tax tQ fund this indemnificafion. � (2} TFre indemnificatior� and release r�quired above sha11 not apply in fhe event the discharge, release ar escape o� hazardaus s�bstances, contaminants, or asbestos is a resul� of ENGINEER'S r�egligence or if such hazardous substance, contaminant ar asbestos is braught onto fhe PRcJJECT by ENGINEER. G. Contracior lndemnif'rcation and Claims The CITY agrees to include in all construction cantracts �he provisions of Article iV.E. regarding the ENGINEER's Personnel at Cons#ruction Site, and pravisions �ro�iding contractor indemnification of the C1iY and the ENGINEER fior contrac#or`s negfige�ce. H. Can�rac�o� Gtaims and �hipddParty �enef"rcia��es (1) TE�e CITY agrees to include the fialiawing clause in all cor�tracts with construction contractors and equi�m�nt or materials suppliers. "Contraciors, subcontractors and equiprnent and mate�ials suppliers on the PRO�ECT, or their sureti�s, shall maintain na direct actian against the ENGINEER, i�s offic�rs, emplayees, anc� subcontractors, for any claim arising out of, in canr�ection with, or resulting from the engineering services pertormed. On1y the C1TY wiil �e the beneficiary af any undertaking by the ENGINEER." (2) This AGREEMENT gives r�a righis or benefits ta a�yane other than �he CITY and th� ENGINEER and there are na #hird-party beneficiaries. (3) The CITY will inckude in each agreement it enters into with any other entity or person regarding the PRO.{ECT a pro�ision that such entity or �erson shall have no tnird-party ben�ficiary rights und�r this Agreemenf. (A�} Nothing contained in this section V.H. shall be construe� as a waiver of any r�ght the CITY has to br�ng a claim against E�lGINEER. � I. CITY's Insurance (1) The C1TY may maintain property ins�rance on certain pre-�xisting structures associated with the PROJECT. (2} The C�TY will ensure that Builders Risklfnstal[atron insurance is maintained at the repfacemer�t cost val�e of the PROJECT. T�e CITY may provide ENGINEER a copy af the palicy or documentation of such an a certificate of insurance. (3} The CIT1' wilf specify that the Bui[ders Riskllnstallation insuranc� shall be camprehensive in coverage appropriate tfl the PR0.IECT risks. J. Liiigatio�n Assisfance The Scope of Services does not inciude costs of the ENCINEER �or required or requesfed assistance to support, prepare, document, bring, defend, or assist in litigatian undertaken or defended by the CITY. In the event CITY requests such servic�s of the ENGINEER, this AGREEMENT sha[I be amended or a separa#e agreement will be negotiated befween the parties. Ft. �hanges The CIT1f may make or approve changes within the general Scope of Services in this AGREEMENT. ff such changes affect the ENGINEER's cost of or time requir�d for perFormance of fihe services, an equitable adj�stment will be made through an amendmant to this AGREEMENT with appropriate CITY ap�rovaf. A�trcle 1!I �eneral Legal �rodisio�s Amendments to Article VI, if any, are included in Aitachment C. A. Authar�zation to Proceed ENGINEER shaEl be authorized to proceed with tl��s AGREEMENT upon receipt of a wrEtten Natic� to Proceed irom the CITY. g. Reuse of P�ojeci bocuments All designs, drawings, specifcations, documents, ar�d other work products of the ENGINEER, whether in hard capy or in electranic form, are instruments of s��vice for this PROJECT, whether the PROJECT is eompleted Qr nof. Re�se, change, or alt�ration by the CITY or by others acting th�ougY� or on behalf of the CITY of any such instruments vf serviee witl�out the wri�ke� permission of ti�e ENGINE�R will I�e at the CITY's sale risk. The final designs, drawings, specifcatians and �� documents shal! be owned by the C1TY. -10- C+: � Force IVYajeu�e The ENGiN�ER is not by acts of Gad, strikes, t1�e ENGINEER. Termination responsible for damages or delay in pertormanc� caused lockaufs, accidents, or o�her events beyond the control of (9) This AGREEMENT may be terminated only by the City far coR�ertience on 30 days' written notiee. This AGREEMENT may �e terminated l�y either the CITY or the ENGINEER fvr cause if either party fails substantiaily to perForm thraugh r�o fault of the other and does nat commence correc�ion of such nanpertormance with five (5} days of written notice and difigently complete the carr�ctian thereafter. {2) if ihis AGREEMENT is t�rminated for the con�enience af the City, the ENGINEER will be paEd for terminatian expenses as follows: a) b) Gost o� reproduction of partial or complete studies, plans, specifications or other forms af ENGINEER'S work product; Ouf-af packet expenses for p�rchasing staraga coniainers, micrafilm, electronic data files, and other data storage supplies ar services; c} Th� time requirements for the ENGINEER'S personnel ta document the work underway at the time tt�e CiTY'S termination for convenienc� so that the worK efFort is suitable for long time storage. E. (3) Prior to proceeding with termination services, the ENGINEER wi11 submit to the CiTY an i�emized sfatement of a1l termination expenses. The CITY`S appro�al will be obtair�ed in writing prior ta proceeding with termination services. Sus�ension, �elay, or Inte�rupfion to 1�dae�c The CITY may suspe�d, delay, or interrupt fhe services of the ENGINEER for the canu�enience of the CITY. In the event o# such suspension, delay, or int�rruption, an equitabie adjustment in the PR�JECTs schedule, cammitment and cost of the ENGINEER's personnel and subcontractors, and ENGiNEER's campensation wi11 be made. -i�- F. Indemnification (1) The ENGINEER agrees to indemn�fy and de#end the CITY from any loss, cost, or expense cfaimed by third parties for property damage and bodily injury, including death, caus�d solely by ihe n�gliger�ce or willful misconduct of the ENGINEER, i#s employ�es, officers, and subcontractors ir� connection with the PROJECT. (2} If the �egligence orwillful misconduct af bath the ENGWEER and the GITY (or a person identified above for whom each is liable) is a cause of such damage vr injury, the IQss, cost, or expense shall be shared between #he ENGlNEER and the CITY in proportian to their relative d�grees vf negl'tgence or wifl�ul misconduct as determined pursuani to T.C.P. & R. Cod�, section 33.01'(�4) (Vernan Suppleme�t 1996). G. Assignment Neitl�er par�y will ass'�gn a[I or any part of this AGREEMENT without the prior written consent of the other party. H, Interpre�afion Limitations on fia6ility and indemnities in fhis AGREEMENT are business u�derstandings b�twe�n th� �a�ies and shall appfy fo al1 the different thearies �f reco�ery, inciud'+ng breach of contract or warranty, tort including negligence, strict ar statutory liabiiity, or any ather cause af action, except for willful misconduct or grass neg[igence for I�mitations of IEabi[ity and sole negligence for indemnification. Par�ies means the CITY and t�e ENGlMEER, and their office�s, employees, agents, and subcontractors. I. Ju�isdiction The law af fhe 5tate ofi Taxas shafl govem the validity of this AGREEMENT, its interpretation and perFormance, and any other claims related to it. The venue for an� litigatian related to this AGREEMENT shall be Tarrant County, Texas. J, A�t�rnate Dispute Resolutiatt {1� All claims, disput��, anc� other matters in question between the C17Y and ENGINEER arising out of, or in cor�nectinn with this Agreement or the PROJECT, or any breach of any abligation flr duty af CITY or ENGiNEER hereunder, will be submitted to mediation. If inediat'ron is unsuccessful, the claim, dispute ar other matt�r in question shafl be submitted io arbitration if both parties acting reasonabiy agree that the amount of the dispute �s likely to be less fhan $50,aoo, exclusive af at�arney's fees, costs and expenses. Arhitration shall be in accordance wi�h the Construction Indusfry Arbitration Ru1es of the American Arbitratian Associatian or other applicable rules of tt�e Association then in effect. Ar�y award rendered by the ar�itrators �ess . than $50,000, exclusive of at�omey's fees, costs and expenses, will be fnal, judgment may be entered therean in any courk having jurisdiction, and ��Z_ will not bs subject to appeal or modification except to the extent permitted by Sections 10 and 1'{ of the Feci�rai Arbitration Act (9 U.S.C. Sections 10 and 19). (2} Any award �reater than $5�,000, exclusive af afto�ney's fees, casts and expenses, may be fitigated by eiiher party on a de navo basis. Th� award sha11 become final ninety (90) days fram the date same is issu�d. If litigation is filed by either party within said ninety (9Q} day period, the award shail become nuH and void and shaEl nat be used by eitF�er party for any purpase in the litigatjan. K. Sede�ab'tlity and Sur�i�al If any af th� provisians contained ir� this AGREEMENT are held far any reason fo be invalid, iflegal, or uner�farceable in any respect, such invalidify, iiEegality, or unenforceability wil[ not affect any other provision, and this AGREEMENT shall b� canstrued as if such invalid, illegal, or unenfarceable provision had never heen cantained h�rein. Articles V.F., VI.B., VLD., Vi.H., VI.I., and VI.J. st�al[ survi�e #ermination of ihis AGREEMENT for any cause. L. Observe anci Comply ENGINEER shall at all times observe and comply wit� al! federa! and State laws and regulatior�s and with all City ordinanc�s and regulations which in any way affect this AGREEMENT and the work hereunder, and shal� observe and camply witt� all arders, laws ordinances and regulations which may exist ar may 6e enac#ed later by gaveming bodies havir�g j�risdiction or authority for suct� enactm�nt. No plea of m[sunderstanding or ignorance fhereaf shall be consider�d. ENGINEER agrees to defend, indemnify an� ho�d harmless CITY and al1 of its officers, agents and employees from and against a1l claims or liability arising aut of the �iolation of any such order, iaw, ordinance, or r�gulatian, whe#her it be by i#self or its em�loyees. -13- Ar�icle VI� Attachments, 5chedules, and Signatures This AGREEMENT, including its attachm�nts and schedules, constitutes the entire AGREEMENT, supercedes all priar w�itten or oral understandings, and may onEy be changed by a written amendment execut�d by boti� par�ies. The folEaw[ng attachments and schedules are here�y made part of this AGR�EMENT: Attachment A-- Scnpe of Services Aitachment B — Compensaiion Attachment C—Amendmenfis to Standard Agreement for Enginaerir�g Services ATTEST: � �iGlori 1'ear�on �, � (� City ecrefary �� -_- �. �'�� - -. �d��r��t �u�k��g������� �'�� �+�f__ ..- - � ���� APPR�V�D AS T� FORM AND LEGALITY CITY OF FORT WORTH By:r - Mike roomer Assistant Ciky Manager APPROVED Dale A. �isseler, P.E. , Director, Wat�r Departm�nt TURNER COLLI� & BRAD�N INC. ENGINEER "� Assistant Ci Attarr�ey South Shor� Waterline By: l l�� .� 1 Stephen R. ,lames, P.E. Principa! -14- �i ����1���1� ��L�p�S�J � C�V$''V������'��° ! � �. 4�n►��! ��� r � ATTACHMEf�T "A" General Sco�e of Services "Scope of 5ervices set for�h h�rer'n can anly be modifred by additrons, clarifications, and/ar deletrorts set forth in the supplementa! Scope of Services. In cases of carrf[rct between the Supplemental Scope of Services and the G�neral Scape of Servrces, the Supplemental Scope af Servrces shall have precsdence over the General Scope of Services." C�P��R�L 1) P�e[iminary Conference with Cify The Engir�eer shall attend preliminary confere�ces with autfiorized representatives af the City regarding th� scope af pro�ect so thai the plans and specifications which are to foe develo�ed hereund�r by the Engineer wil! result in pro�iding faciGties which are economicaf in design and confarm to the City's reguirements and budgetary constraints. 2) Coordination with Outside AgencieslPublic �n#ities The Engineer shall coordinafe with affcials of other auiside ag�r�cies as rnay be necessary for the design of the proposed street, and storm drain andlor water and wastewater facifitieslimpro�ements. It sha�i be the Engineer's dufy hereunder to seeure necessary information from such outside agencies, fo meet their requirements. 3) Geotechnicallnvestigaf'rons The Engineer sha�l advise the Cify of test ba�i�gs, and other subsurtace investigatians that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordinatian with the City and #he City's geotechnical engineenng consultant, draw up specifications for such t�sting pragram. The cosf of the borings or excavations shaN be paEd for by #�e City. 4) Agreements and �er�mits The Engineer shall camplete all farmslap�l�cations to allow the City of Fort Warth to obtain any and aq agreeme�ts andlor permits normally require� for a prvject of this size and type. The Engineer will be responsible far negotiating and coar�inafing to obtain approval of the agency issuing the agreement ar�dlor permits and wili make any revisions necessary to bring the plar�s inio campliance with the requiremen#s of said ag�ncy, including �ut not limited to highways, railroads, water authorities, Corps of Engineers and other utiiities. 5) Design �hanges �2elating to Permitting Authorities If permitting authorities require design cF�anges, the Engineer shall revise the plans and specificatians as required at the Engineers awn cost and expense, unless such changes are requir�d due ta changes in the design of the facilities made by the permit�ing authority. �`�, if such cha�tges are required, the Engineer shail notify the City and an amendment to the cantract shall be made if the Engineer incurs additional cost. If there are unavaidab�e -1- delays, a mutually agreeable and reasonable #ime extansion shali b� negotiated. 6} Plan 5ubmittal Copies af th� arigir�al plans shail be prav�ded or� reproducible myfar or appror►ed plastic fiim sheets, or as atherw�se a�proved by the Department o� Engineering and shall hecame ihe property of the City. City may use such drawings in any manner ii desires; pro��ded, howe�er that the Engineer shail not be liable far the use of such drawings for any project other than the project described herein; and furkher provided, that the Engineer shall not be lial�le for the consequences of any changes that are made to the drawEngs or changes that are mada in the implementation of the drawings without the written appro�a! of the Er�gir�eer. PHAS� 1 7) Rightdof 1�lay, �asemen# and Land �cquisition Ne�ds The Engineer shal� determin� the righis-af-way, easement needs fi�r the cans#�-uctian of the project. Engineer shall determine awr�ership of such land and fumish t�e Ciiy with the necessary r�ght-of way ske#ches, prepare necessary easement descriPtians for acqua�Eng #he righ#s-of way andlor easements for #he canstriaction of this pro�ecf. Sketches and easement descriptions are #a be present�d in form suitable for direct use kyy the Department of Engineering in obfaining righks-of-way, easem��ts, permits and licens9ng agreements. All materials shall be f�rnished o� #he appropriate City forms in a minimum of four (4) copies each. $) �}esign Survey The Eng�neer shall pra�ide necessary field survey for use in the preparation of Plans and 5pecifications. The Engineer shall furnish the City certifisd copies of the fi�{d data. 9} Utility Goordina�iion The Engineer sF�ail coardinate wi�h all uti�ities, including utiiities awned by the City, as to any Qroposed ufility lisns or adjustment to existing utility iines within the project limiis. The infarmation obtained shall be shown on the conceptual pEans. The Engineer shali shaw an the preliminary and final plans the location af the proposEd utility lines, existing utility fines, based on the ir�formation pro�ided by the utility, and ar�y adjustments andlor relocation of #he existing lines w�thin ihe praject iimits. The Engineer sha{I afso evaluate tha phasing of the water, wastewater, street and drainag� work, and sha�f submit such ��aluation in writing t� the City as par� of this phase of the project. � -z- 10) Conceptual Plans The E�gineer shalf furnish four (4) copies of the Phase 1 conce�t engineering pla�s which include layauts, �reliminary right-of-way n�eds and pre[iminary esiimates of probable construckion casts for the Engineer's recornmended plan. For all submitta�s, the Engineer ahall submit plans and documents far streeilstorm drain and wateNwastewaf�r #acilitiies. The Engin�er shall receive written approval of the Phase 1 Plans fram the City's project manager baf�re proceeding with Phase 2. PWAS� 2 1 T) Design �a�a The Engineer shakl provide design data, re�aarts, cross-sections, profiies, drainage calculations, and preliminary estimates of probable construction cast. 12) F�pefimina� �onsiruction �lans and Techni�al Specifications The Enginee� shall submit fwenfy (20) copies of Phase 2 prefiminary canstru�tior� pfans and five (5) cop�es af the pre{im�nary technical specifications for r�view by the City and for submission to utility campanies and ather agencies for the purposes of coordinating work w�th existing and proposed �tilities. The preliminary canstruction plans shall indicate Eocation of exis#inglproposed utilities a�d storm drain lines. The Engineer shall recei�e writte� approvai of the Phase 2 plans from the City's project manager before proceeding w9th Phase 3. Pki�S� 3 13) ��nal Gonstruc�ian Plans The Engineer shalf furnish five {5} capies af the final construciitin plans and contract specifcations fflr revi�w b� the Ci�y. 14} �e#ailed Cos� �siimaie The Enginee� shall furt�ish four {4) copies of detailed �stimates of pro�able construetion costs for the authorized construc#ion project, which shal! incfude summaries of �id items and quantities. 15) �ians and �pecificatior� Approval T�e Engin�er shal{ furnish an origina! cover mylar for fhe signatures vf authorized City officiais. Th� Cantract Documents shall comply with applicable local, state and federal laws and witi� applicable rules and regulations pramulgated by focal, state and national baards, bureaus and agencies. The Engineer shall recei�e wriften appro�al af the Phase 3 plans from the City's praject manager befare proceeding wit� Phase 4. � ` -3- PHAS� 4 16) �inai i4pprar►�d Canst�uction [�lans The Engineer shall furnish 45 bound copies af Phase 4 final approved canstructian pians and contract sp�cifications. The app�oved plans and contract sp�cificatio�s shall be used as authorized by the City for use in obtaining hids, awarding contraets, and construc#ing the pra�ect. 17) �idding Assisfattce 7'he Engineer shall issue addenda as apprapriate fo interpret, clarify, ar expand the b�dding documents, and assist the awner in determining the qualificatiar�s and acce�tability of praspective constructors, subcontractors, ar�d suppliers. When su�stitution priar to the award of cqntracts is allawed by the bidd�ng documents, ihe Engineer will acfvise the owner as to tF�e acceptability of alternate ma#�rials anci equipment pro{�os�d by the prospective constructors. 18) Recommendatian of l�war�d The Engineer sha[i assist in the tabulation and review of aU bids received €or the construction of the project and shall mak� a recommendation of award ta the City. � 9) Prebid Conferenc� The Engineer shalf atten� the prebid canference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in evaluating �ids or praposals and in assembling and awarding contracts for construction, materials, equipment, and services. �HASE 5 2a) Pr�cons�ructian Conference 7he Engineer shall att�nd the �recons#ruc�ion confi�rence. 21} Ganstr�uct�on Su�rey The Engineer shafl ae a�aiiabl� to the City on matters conc�rning the layaut of the project during its construction �nd wiil set eontro! points in the field to allow City surv�y crews #o stake the pr�ject. The setting of line and grade stakes and raute inspectian of construction wi{I be perfarmed by the Cify. 22) 5ife Visits The �ngi��ef s�a11 visit the pro�ect site at appropriate intervals as construction proceeds fo observe and repo� an the progress and th� quality of the executed work. -4- 23) Sl�ap Deawing Review The Engineer s�all reuiew shop and ereciion drawings submitted by the contrac#ar far campliance with design concepis. The Engineer shall review laboratory, shop, and mill test repo�s on mater�als and equipmer�t. 24) Instpucgions fo Contpacfio� The Engineer shall provide necessary int�rpretatians and clarificat€ons of cantract documents, review c�ange orders and make recommendations as to tne acceptability af the work, at the request of the City. Z5) Differing S'rte Condifions The Enginee� shal! prepare slcetches required to resalve prob�ems due to actuai feld conditions encountered. 26) Record ��awings The Engi�e�r shalE prepare recard �rawings fram i�farmation submitted by the contractor. �.� Gi��"1���� n p oA r� F,1 1 SUPP��IUI�NTAL SC�f�� O� S�RVIC�S (SUPP��fi��I�T i0 AaiiACHftII�WY `�A��j SOUi�I SbOR� I.,�ilIAT�R Llf�� IfV�PROV�[Vi�NiS DESIGN SERVICES: WATER DISTRIBUTION SYSTEM IMPROVEMENTS Turner Collie & Braden (TCB) and its subconsuitants (Garcia & Associates Engineering, Inc., InterStar Public Relations & Marketing, and Hugo C. Trevino & Associates, Inc.) will perform the taslcs c�escrilaed in this Supplemental Scope of Services ur�der ATTACHMENT "A". Work under this attachment includes engineering services for the following: •�S&� �repa�ation. P�ans, sp�cificatians, and estimate (PS&�) wili be prepared for approximately 28,750 linear feet of water iine (actual iength to be determined dur��g tl�e Preliminary Engineering phase). Waterli�e size wil] be determiraed as park �f the Hydraulic 5tudy. The plans wilk be preparec� in 3 phases, as shown in Attachmen# E. � Hyd�aulic Study. A hydraulic study will be performed for the water distributian network tha# fo[lows the limits of Phase 1 anly, and Pt�ases 1, 2, & 3 com�ined with an interconnect to the City of White Settlement, The study will result in a determination of pipe size based on fire flow requirements and futu�e develapmenf. H2ONet will be used for hydraulic mode�ing. Upon receipt af notice to proceed, the ENGINEER wifl perForm the following tasks: PART A — CONC���UA� ��SiGN 1.0 Initial Data CaElectior� 1.1 Project Kick-Off Meeting The Engineer shail meet with the City of Fork Warth stafF ta review and discuss the project services, project schedule, data callection, primary design criteria, aperational concerns, maintenar�ce requirem�n#s, equipment preferences and other prelimEnary data. The Engineer shali prepare a record of the preliminary design meeting and distribute it to all attendeEs. 12 Data Callection The Engin�er shall coniact the Texas �epar#ment of Transportation ta obkain the latest existing right-of-way infarmation or� lH 820. In a�dition, the Engineer shall obtain available re�aorks, plans, existing geo#echnical information, and other data relevant to the project from ihe City. Th� Engineer will also cor�tacf the public and private utilities along the proposed alignments for information on existing and propas�d facilities. The City shal{ provide a�rial photographs of the project sit� in digita! format to the Er�gineer. 19/07/01 EA1-1 2.Q Hydraulic ModeEing 2.1 Lay out a water clistribution network that follows the fimits of Phase 1 and Phase 1,2,&3. 2.2 Develap line lengths and nodes where the demand af the identified Eand use will be assigned. 2.3 Delineate service areas far eaeh node. 2.4 Dekermine existing and future demands. 2.5 Use �eaking faetars Qf 2.4 for the peak day to a�erage day factor, and 2.0 far the p�ak hour to peak day facfor to determine peak day and peak hour flows. 2.6 Devetop a static average day, peak day, and peak hour mod�l far Phase � and Phas� 1, 2, & 3 of #he project. 2.7 �xercise and debug each model and review the peak hour results for line ve�ociti�s in excess af 5 feet per second, head losses in excess of 5 feet per 1aD0 feet of line and pressur�s I�ss than 35 psi. Where high velocities or head iosses or low pressures are noted, the lines will b� resiz�d and th� model will be rerun until the above criteria are met. 2.S DeWelop a peak day plus fire model for each phase by inserting the required City af Fort Worth fire filow at a node in the peak day model. 2.9 Review the peak day pius fire results for line velocities greater than 10 feet per second, head losses greater than 10 feet per 1040 feet, and pressures less than 20 psi. Where I�igh velocities or head losses or law pressures are noted, the lines will be resized and the model will be r�run �ntil the abo�e criteria are met. 2.10 Prepare a tabl� of line lengths and diameters wifh propased alignments, showing the lines and nodes and t�e numbering system us�c! for all a# the mode�s for bath the nod�s and the pipes needed to serve the project area. 2.11 Once the modeling is camp�eted the assumptions, various demand scenarios, and madeling resuEts w[II be presented to the client for �evi�w. As a result of issues raised during client review any appropriate cY�artges will be made and finaf modeling will be canducted. 2.12 Prepare a draft [etter report documenti�g the assumptions made, the criteria used to develop the demands, the models developed, and the cor�clusions �eached as a resuit of the modeling wark. The letter report will include the model output as appendices. 11/07/01 EA 1-2 2.13 After the �etter repart has bes� through QAIQC and the client had a final review, then the final letier report wili be issued. 2.14 The model will not include current and future water sources such as �ump stations or elevated starage tanks. The model wikl anly determine line siz�s. lf there is a desire to evaluate the existing pumps and water supply facil�ties that will require an extendecf period simulation (EPS) model, additional modafing effort will be rsquired that is not cavere� by this scope or budg�t. Updating the previaus rriodels of the project area to represent #he modeled future demands will require additional effork that is not covered �y this scope and �udget. ��R� � — COiVSTRUCTION �LANS /�N� S��Cf�ICAilO�'S 3.0 Surveying (Garcia & Associates Engineering, Inc.) 3.1 Final Design Survey 3.1.� To complete vertica[ and �orizo�tal surveys, the Engineer shall utilize all information from recent water li�e canstruction pra}ects and from TxDOT. Ow�ership data far all tax parcels cantaining fror�tage along the project limits sf�all be researc�ted. Right-of-Entry leiters shall be prepared. Horizontal and vertica! control shall be ti�d to USGS or U5C&GS monuments and #o City of Fart Worth monuments. Using City surveys and new field surveys where required, obtain the foilowing survey data to be utilized in the deve[opment of pi�elin� construction plans. 3.1.2 Establish baseiine control, locate and tie exisf�ng abave ground utilify appurtenances, struck�res, trees, curbs, pavement limits, fences, etc. to the baseline. Locate existing water and wastewater pipe and service lines features. Locate existing manhole invert and rim elevations. L.ocate existing paving limits. Lacate underground utility surface features. 4.0 PubliclProperty Owner Meetings (InterStar lrtc.} 4.1 A public relations subconsultant will arrange and set up no more than four public meetings after �he City �as reviewed the Preliminary Letter Report. The Engineer wil� prepare an exhibit f� illustrate the proposed proj�ct to resid�nts, E]USIf1�55 OWf�21'S, and property a�rvners along the selected alignment. The pu�lic relations subconsultant will provide the following: 4.1.1 List of contacts for public meeting from database provid�d by the City of Fart Worth. 4.1.2 Meeting notices by �etter for the first meeting and postcards for subsequent meetings. The Engineer wil{ �repare the notices and the City will send them out. 4.1.3 Public meeting set-up and arrangement 11/07/41 �A1 �3 4.1.4 Written meeting summary. 4.2 Items not included are med�a relations, web page suppori, and newsletters. 5.0 Preliminary Engineering 5.1 Review of Develapment Plans The Engineer will review and incarparate into the project the following information available from the City and TxDOT. Existing surveys for the project area. Existin� plans developed for the project area. Existing detailed waterlwastewater construction cirawing sheets. 5.2 Preliminary Engineering Repart 5.2.1 The Engineer shafl evaluate a{ternative materials of construction for new instaflaiians and de�elop horizar�ta� and ve�tical alignments for the proposed water [ines. Prepare a recommendation of proposed improvements fior new ►rvater lines, and, ifi require�, pi�ing, �a��es, and related improvements. Develop a preliminary estimate of probable construction cost for the propased improvements. �.22 Prepare a brief prelimEnary engineering letter reporf summarizing the initia! f�ndi�gs, desigr� alternatives, cost estimate and preliminary recommendations. The letier report shall includ� preliminary Eayouts of proposed improvements. The Engineer will present the preliminary �ngineering report to the Fark Worth stafF for review, comment, and appro�al. 6.0 Final Engineering Plan Submiital 6.1 Final Engineering Design and Details Based an the approved preliminary engir�eering repvrt, the Engine�r shall prepare final design calculations and design details for all proposed improvements. The Engineer shall prepare an application for utility access for the City's subrnittal ko TxDOT. B.2 Prepare Fina! PlansICADD �.2.1 The Eng[neer shall prepare final plans far the proposed impravements, including water line plans and profiles, details, nates and related informatian r�quired far bidding. 6.2.2 Prepare fiinal design plan and profile sheets in compliance with City CADD requirements. Plan and profile sheets wilf include 1"=40' scale 111Q71D1 EA1-�4 plan view and 1"=40' horizantal and 1"=�4' vertical scale for the profile. 6.2.3 Prepare project layout control showing pertinent survey data on the plan and p�ofile sheeis. �.2.4 Finaliz� horizantal and vertieal alignment on tf�e plan and profile sheets. 6.2.5 Finalize sp�cial design consit�erations and lacations of appurtenances. 6.2.6 Finalize pfans and profiles. AdJust harizontal and v�rticel alignments to impro�� hydraulics, minimize conflicts and pro�ide sufficient utility clearartces. 6.2.7 Prepare required permits from TxDOT for crassing IH 82Q right of way. fi.2.8 ldentify pipe materials based on design criteria and soil types. Design corresponding embedment requir�ments. 6.2.9 Develop plan5 to maintain service for City utilities and service lines. 6.2.10 Provide storm water pallution pre�e�ttian plan for construction activiti�s within project limits. 6.2.11 Visit site as required during design. 6.3 Prepare Specifications Prepare detailed technical specifications for the proposed impravements #o suppiement the City af Fort Warth standards, and other applicable sta�dard specifications. 6.4 Prepare Bid Documenis Prepare bid documents in accordance with City of Fort Worth standards. 6.5 Review Meetings Me�t with the Fort Worth staff at least once a month during final design to review �rogress, discuss design issues, obtain adc{itior�a[ ciesign information, review plans and specifications, and coarc�inate final details. The Engineer shall prepare a racard o� all review meetings and distribute it ta attendees. ��R�' C — PR�- CORlS�RUCYIOf� ASSIS��ANC� 7.0 Pr�-Construction Assistance 7.1 Bid Assistance Assist the City of Fark Worih in advertising the project for bid and during the bid phase. Prepare copies af plans, specEfications, and bid documents for 91/07/01 EA1-5 distribution. Distribu#e cantract documer�ts as direc#ed by the City. Prepare and distribute addenda required by the City to modify the requiremen#s of the pr�ject during b'tdding, respond to requests for clarification, and issue instructions to bidders as directed t�y the City of Fart Worth. 7.2 Prebid M�eting Assisf Ciky staff in conducting a prebid meeting with praspective bidders. Prepare a record of the prebid meeting and distribute it to all attend�es, 7.3 Bid Tabulation Prepare a tabulation of bids for the praj�ct, verifying the bid amounts, bid bands and other required information. i.4 Recommendation for Award Prepare a recommendation for award ofi contract or other action and notify bidders of the action taken by the City of Fort Worth. PART D — CONSiFiUCiION ASSISiANCE 8.0 Construction Services — Field Constructian 8.1 Preconstructian Meeting Attend a precanstruction meeting with the selected cantractar. 8.2 Construction Stafcing 5urveying subconsultant will pravide cnnstruction staking for tne project. 5taking will include centarline offset grade stakes and cui sheets at spacing appropriate for nbtaining accurate grade data or a maximum of every 50 feet. 8.3 Construction Phase Suppor# Assist City staff in responding to construction-related issues. The le�el nf suppork for this task is lim9ted to the amount shown in Exhibit B. 8.4 �ina[ Inspection At#end a final inspection o# #he completed construction. Prepare a r�cord of observations and iterns requiring correctian by the cantractor prior to final payment. 8,5 Recard Drawings Preparatio� of recorc! drawings is not included in this scope of services 111D7101 EA1-6 ATTACH��N� B SOUTH SHOR� WAi�R l.1N� C�IViPENSAiION AND �AYi'�ENi SC�I�[]UL� Compensatian A. Payment far services shail �� com�ensated on a total lump sum fee basis. B. Paymer�ts shall also include Direct Nar�-l.abor Exper�ses which, in general, include expenses for supplies, �ransportation, equ+pment, tra�e�, c�mmunication, subsistence, and lodgjng away fram home, and similar incidenfals. The Direct Non-�.abor Expenses sl�all be reimbursable at actual invoice cost plus 10% except for living and trav�l �xpenses when away from th� home ofFice on business connected with the Praj�ct. All expanses for travel outside of the DallaslF'ort Worth Met�opolitan Area made by the En�ineer in connectEon wiih the Praject must first be appro�ed in writing by the City. C. Suhconsultant costs shall be reimbursed at the actual in�oic� cost plus 15%. D. Payment for expenses, casts, and s�rvices as described in Attachment A and Exhibit A-1 shall not exceed $423,230. �. Partial payment sha[I be made montl�ly, as stipu4ated in Exhibif B-1, upon receipt of an invoice from the Enginesr, prepared from the books and records of the Engineer, outfining the amount of hours warked by each employee, the employees name and classification, and the employees salary rate along with itemized charges fo� any subcontract ancE direct nan-labor wark performed during the period cavered by said invoice. Each invoice is to be �erified as #o its accuracy and compliance with tf�e terms af this contract by an officer of the Engineer. Payment acc�rding to statements will be subject to certification by the Director of the Water Deparkmeni or his authorized representati�e #hat such work Y�as been performed. Schedule A. Work under this can#ract shall be completed as specified in Exhibit A-1. 11/07/01 B-1 EXHf�iT "B-1" (Sl1PPL�M�NT TO ATiACHMENT "�"j S�UTF� SWOR� WAi�� LlN� COIV�PENSAT[OfV COMPENSATION A. The �ngineer shall be compensated a tatal lump sum fee of $423,230. Paymen� af the total lump sum fee shall be considered full com�ensation for the services described in Atkachment A for all labor, materials, supplies, and equipment n�cessary to comp�ete the project. II. METHOD OF PAYMENT A. Partial payment shall be made monthly upon receipt of an invoice fram the Engineer based on the percentage o# the work completed. B. An officer of the Engineer shall verify t1�e accu�acy of each invoic� su�mitted which shall comp�y with the terms of fhis agreement. 11/d71Q1 EB1-1 �XHIBfT "�e2" (SUPF'L�IV��NT TO ATTACHi'��Ni' "B") 50lJTH SHQR� 1NAT�R LIME HOURLY �t�,iE SCHI�DUL� Employee Classificatian Secretary IV / Word Processor N Technician Sr. �ngine�ring Technician 1 Sr. Project Rep. 1 Graduate Engineer Staff Engineer Sr. Engineer ! Manager Project Directar 1 Off�cer of t�e �irm (Minimum) 10.00 11.03 '{ 8.38 19.8� 25.91 29.73 Haurly Raie� (Maximum) '12.50 1$.90 24.15 27.25 38.5�4 �1.44 * Eff�cti�e January 'i, 2001 thraugh December 31, 2001. Haurly ra#es are subject to revisian afterJanuary 1, 2002. 11/47/01 EB2-1 �XHI�I�' "B-3" (SUPPL,Ei'VIEN� TO ATiACHi4lII�N� "B"'j SOUTH SHOR€ WATL R L1N� F�E SUMiViARY Sco�e of Services Water Line Design Pronosed MIWB� 5e�bconsultant 5erviees Garcia & Associates - Surveying Interstar Public Relations & Marketing - Public Meetings Hugo C. Trevina & Assoc.- Reproductian Total MIVIIBE Participation �ee iNi1Vi�BF �- %1 $423,23d ($10�,810 — 25%} Fee $ 55,460 $ 17,850 � �,500 $ 105,810 % of Tatal Fe� 20.2% 4.2°/a 0.6°/n 25. a% 'f 1107/Q1 EB3-'� EKMIBI7 "B-4" (Supplement to Aitaahment "B"j 50UTH SHORE WATERLiNE FEE �STIMA7E SUMMARY 8A51C 5ERVICES PART A - GQNC�PTUAL UESIC�N Goordination �Uleekings 8 Data Collection PART B- CONS7RUCTION PLANS & SPECS Construction Plans & 5pecs PART C - PRE-CONSTRtJCTION ASSlSTANCE Bidding Assistance PART D - CONS7RUCTION A5SISTANCE Assistance Quring Construction BAS1C SERVICE 70TAL SPECiAL S�RVIC�S Hydraulia 5fudy Public Meetings Topographic Surveying Conslruction Staking 5PECIAL SERVIGE TDTAL TbTALS BY PWASE SQTAI.PROJECT PHASE 9 $ 1,OOQ $ 54,814 $ 2,7h0 $ 4,490 $ 63,040 $ 7,440 $ 8,8�0 $ 26,670 $ 14,950 $ 57,$70 $ 920,910 � 423,23Q PHQSE 2 $ 2,000 PHASE 3 $ 2,81 b $ 58,840 $ 94,730 $ 2,740 $ 2,740 $ 4,490 $ 66,07a $ 4,49a $ 104,770 $ 8,810 $ 27,170 $ 15,530 $ 51,51� $ 717,58D $ 8,810 $ 45,28Q $ 25,88a $ 79,97D $ 98a,740 1117101 EB4-1 • �XHIBIi `��-��� (SUPP�.Ei9AENi i0 AiTACWIUiEN7 "�") City nf For� Worth Sauth Shore Waterline Pretiminary Probable Cos# Estimate Phase 1 Quantity 6, 300 2aa 10 16 62 Unit Item LF 12" PVC waterline {incl. pvmt. & fit#Fngs} LF Jack and bore 12" PVC waterline EA 12" gate valve EA fire hydrants �A 1" waier service, tap, stop, tee & meter box Subtatal 24% Conkingency Unit Cost $ 50 $ $ 2�0 $ $ 1,240 $ $ 1,920 $ � �oo � $ $ Tota� Cost 395,000 4Q,000 '{2,400 30,720 31,40Q 429,120 85, 824 Totaf - Phase 1 ghase 2 Q�aantity 5,95Q 800 6 15 25 Pl�ase 3 Quantity 8,750 2,54Q 1 9 3 29 60 Ur�it Item L.F 12" PVC waterlir�e (incL p�mt. & fittings) LF' 8" PVC wateriine LF Jack and bore 12" PVC waterline EA 12" gate valve EA fire hydrants �A 1" water ser�iee, tap, stop, tee & m�ter box Subtotal 20% Contingency Total - Phase 2 llnit Item LF 12" PVC waterline (incl. pvmt. & fittings) LF 8" PVC waterline (incl. pvmt. & fittings) LF Jack and bore 12" PVC waterline EA 12" pressure reducing valve EA �2" gate valve EA S" gate �alve �A fire hydrants EA 1" water service, tap, stop, tee & meter box Subtotal 20% Conti�gency Total - Phase 3 PROJEC7 TOTAL. $ llnit Cost $ 50 $ $ 47 $ $ 200 $ $ 1,24� $ $ 1,920 $ $ 500 $ $ $ $ llnit Cost $ 50 $ $ 47 $ $ 200 $ $ 10,04Q $ $ 1,246 $ $ 1,�D0 $ $ 1,920 $ $ 500 $ $ $ ��i�,944 Total Cost 297,50fl 160, 040 7,44a 28,800 12, 500 506,240 101,250 64i,�490 Tatal Cosf 437,5Q0 117,5D0 1 Q,4D0 11,160 3, 000 55,680 30, 00� 634,840 126,968 $ i61,808 $ 1,884,240 91171�1 ���-� A��ACFif�V�IVi C ����I�� �R�!ll�I�iV� C�N��I��IN� �RlG1R���1�� C�i���4�i� o�hanaes o� If�ork: The Engineer shalf make such revisions in the work included in this contrac� whieh t�as been cornpleted as are neeessary to carrect errors appearing therein when required to do sa by fhe City withaut undue delays and additional cast ta the City. If the City finds it n�cessary to request changes to pre�iousfy satisfactorily completed work or parEs thereof, th�e Engineer shall make such revisions if requested and as directed by the City. This wi11 be considered as additional wark and paid for as specified under Addi�ional l�for��. • Addigionaf 1ii�ae�: Work not specifically described under "5cape of Services" must be appro�ed by suppl�mentaf agreemertt to this con#ract by the City befiare it is undertaken hy th� Engineer. if the �ngineer is of the opinion that any work he has been directed to perfarm is aeyonc� the scape of this agreement and constitute� extra work, he shall promptly notify the City �n writing. In the event the City finds that such work does constitute extra work, then tf�e City shall so advise #he Engineer, in wrifing, and shafi pro�ide extra compensation ta the Engineer for doing this uvork on the same basis as cavered under "Compensation" and as pro�ided under a supplemental agreement. The lump sum fee shall be adjusted if additional work is appro�ed by suppiemental agreement and �erFormed by the Enginee�. � �Ilino�iivlWomen �usiness �nie�a�ise f1�lIL�l��] �eecenfaae Goal: The percentage goal for MIWBE participation in the work tn be performed under this contract is twenty-five {2�%) percent of �he contract amount. 91/03/01 C-1 ID Task Name 1 NOTICE 70 PROCEED 2 PAFtT A- CONCEPTUAL DESIGN 3 PART B- CONSTRUCTION PLANS & 5PEC5 4 PART C- PRE-CONSTRUCTION ASSIS7ANCE 5 PART b- COIVSTRIJCTIdPf ASSlST/1NCE 6`��F�►�i�e�l�e�l� � - ���.��4.i� �4i1"I�����G ��U.���J ! �EtA�� �i"���� �De�� 2002 Duration Start Finish dct�Nov�Dec Jan�Fe]��Mar�AprlMay�Jun� Jul �Aug�Sep�Oct�f�ov�Dec Jan(Feb�Mar�Apr�May 1 day Mon 11/'[2/01 Mon 91/12/01 �,��,�Z 60 days Tue 11/13/01 Mon 214/D2 I :i ..�1 125 days Tue 2/5102 NEon 71291�2 � y - L � 30 days Tue 7/30102 Mon 919102 - � i 160 days Tue 9/10102 Mon 4121/03 = ' • • f � �� � � a� � � �� ��� ��c����n �VJLa� (NIA�PSC� ���e 59) �: _ � �;" : � , . - - .. . � ;t�.;�,, � --.: _.4,�.,:w,... , 5, ���. • � tr 'r-.w�": • r��k;..:J��t. �,t :�,' `�"��.Y��` �,s. • �;:��'�.�47. �����:�..._.; ��t .4�..�. 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" __ _ . _ �'ity of Fo� �or�h� T'exa� ���r� ���1 �����! ���r��;��t��n � DA7E REFERENCE NUMBER LOG NAME PAGE 912�10� **��� 3��i I 6000LLIE I 1 of 2 SUBJECT APPROPR[ATION ORDINANCE AN� AWARD OF ENGIN�ERING AGREEMENT TO TURNER, CO�LIE & BRADEN, INC. FOR THE DESIGN OF �"HE HERON ARIVE EASi � WATER LINE EXTENSION RECQMMENDAiION: It is recommended #hat the Ci#y Council'. 1. Authorize the transfer of $425,730 from ihe Lake Worth Infrastrucfure Escrow Account to th� Wafer and Sewer �'und; anci 2. Adopt the attached appropriatian ordinance increasing estimat�d receipts and appropriations ir� the Water and Sewer F'und in fhe amount of $425,73Q; and 3. Aut�orize the transfer of $425,730 from the Water and Sewer F�and io the Water Capital Projects Fund; and 4. Adopt the attached appropriation ordinance increasing estimated r�ceipts and appropriations in t�e Water Capital Projects Fund in the amount of $425,i3�;and 5. Authorize the City Manager to execute an e�igineering services contract in the amount of $425,730 wifh Turner, Collie & Braden, lnc. for the design of the Heron Road East wa#er line. DISCUSSION: In accardance with policy 'for the ins#allation of community faciliti�s, the residents of Heror� Drive, Audrey Ann Lan�, Mallard Court, Sandp�per Circle, Shar�view Drive, Kilfdeer Circle, Abefia Drive, and Bomber Road have submitted a petition for water service to the Water Department Director. Turner, Collie & Braden, Inc. wilf pro�ide engineering design services fo� a new water line on the south shore of La�e Worth to serve residents from indian Cove to Bomber Road. In a�dition to the preparation of construction plans and specifications, the consultant wilf perform �y�draulic modeling to e�alua#e pipe sizes and looping requirements to ensure minimum le�els of fire protect9on in ihe praposed service area. Also ineluded in this contract services is representation at neighborhood meetings as necessary for public invol�ement in this p�ojec#. iurner, �Co11ie &�raden, Inc, is in com�liance with the Ci#y's MlVIlBE Ordinance by committing to 2�% MIW�E participation. The City's goal on this project is 25%. (n addit[on to the contract amount, $2,500 is budgeted for siaff support and review. This project is located in COUNGIL DESTRICi 7. City af �ort Wo�ih, �'eaca� ���� �r�� ����i� �����;���i�� �, �, �i I DATE R��'ERENCE NUMBER LOG NAME PAGE si2�ro� - *��o� 33�� 6aCOLLI� I z of 2 sue,��cY p,ppROPR1ATI�N ORDINANCE AND AWARD OF ENG[NE�RIN� AGRE�MENT 70 TURNEF4, COLLIE &�F�ADEN, INC. FOR THE D�51GN OF TH� bERON DRIVE EAST � WATER LiN� EXTEN510N FISCAL IIVFORMATIONICERTIFICATIDN: The �inance Director certifies that �pon approval of the a�o�e recommendations and adoption of #he attached appropria�ion ordinances, funds will be available in the current capital budget, as ap�ropriated, of the Water Capital Prajects Fund. MG:� Sabmitted for City Manager's Offlce by: Mike Graamer Ortgiaating Departme�t�ead: Dale Risseler Additlnnal Infnrmat[on ConfacE: Dale Fisseler 6140 8207 SZQ� FUND � ACCOIINT (to} 1) PE45 444192 2) PE46 538070 3&4) P'E6D 472Q45 4)P160 531200 4)P160 51907D (frvm) 1} PE45 � 240075 3)PE45 538070 5)P160 I 539200 CENTER 060'! 000 OB09020 D60160151090 060160151090 OB41fi015�090 � AMUUNT $425,730.00 $425,730.00 $425,730.D0 $425,73Q.00 $ 2,fiO4.DD � CITY SECRETARY f �1�1�� CQ C4L 1 � c F P �� �A01 �L �� Cit9 S��t�ry ot t�e �:ity d ��Yt Wox1l�,1`�am� DOOOQ4D $425,734.00 0609Q20 $425,730.00 050160151090 $425,73UA0 I i ��[o�fe� Ordir►arr� ����� ada�ted Ordinan� �d��� ��