HomeMy WebLinkAboutContract 27585CfTY �ECR�YA6�Y� �
C�NYRACT f� . �� �...��
CITY @� ��R�' WORTb, TEXAS
SiRN�AR� AC�E�N[�IVi �OR �fVCIiV��RI�l� ���V1G�5
This AGREEMENT is betw�en the City of For# Worth (the "CITY"), and Ned K. Burleson
& Assaciates, Inc. (the "ENGINEER"}, for a PROJECT gen�rally described as: Water and
Sanitary S�wer Replacement Contract 2�01 WSM-N.
Ar�icl� I
Scape of Services
A. The Scope of Services is set forth in Attac�ment A.
Ar�icle It
Campensaiion
A. The ENGiNEER's comper�sation is set forth in Attachment B.
Ariicle II[
ierms ofi Payment
Payments ta the ENGINEER will be made as follows:
A. In�oice and Paymenf
(1} The Engineer shall provide the City suffic�ent dncumentation to
reasonably subsiantiate the invaices.
(2) Monthly invaices will be issued by #h� ENGINEER for all work performed
under this AGREEMENT. Invaices are due a�d payabfe within 34 days
af receipt.
(3} Upon cvmp�etion of services enumerated in Article f, the firaal payment of
any balance will b� due within 3D days of receipt of the final in�aEce.
(4) In the event ofi a cfisputed or contested bilfing, oniy that por�ion so
contested will b� wiiht�eld from payment, and the undisp�ted portian will
be paid. The C]TY will exercise reasonableness in contesting any bill or
portion thereaf. No interest will accrue or� any contested portion of the
bill�ng until mutuaUy resaived. , �
{5) If the CITY fails to make payment i� full ta ENGINEER for bEllings
contested irt good faith within 60 days of the amount due, the
ENGINEER may, after gi�ing seven (7) days" wriiten notice to CITY,
suspend services under this AGREEMENT until paid in full, including
interest. fn the e�ent of suspension of services, the ENGINEER shall
have no liability to CITY for delays or damages caused the CITY
because of such suspensio� of services.
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�4rticle IV
�bligations nf the �ngineer
Amendments to Artic�e IV, if any, are included irt Attac�ment C.
A►. C�eneral
The ENGINEER will serve as the CITY's professional engineering representative
under thrs Agreement, providing professional eng9neering cor�sultation and
advice and furnis�ing custamary services inciden#al there#o.
�. Standard o� Care
The standard of care applic�bie to the ENGINEER's services will be the degr�e
of skill and diiigertc� normally employed i� the 5tate of Texas by professional
engineers or consultants perfarming tfi�e same or similar services at tf�e #ime
such se�vices are pertarmed.
C. Subsur�ace Irivestigations
('f) The ENGINEER shall advise the CITY with regard #o the necessity for
subcontract work such as specia! surveys, tes#s, test baring�, or other
subsurtace investiga#ions in conr�ection with design an� �ngineering
worlt to be perforrned hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigatians shakl be furnksh�d by the ClTY, unless otherwi�e specifi�d
in Attachment A.
(2) Ir� soils, foundatior�, groundwater, and other subsurface investigafion�,
the actual characteristics may vary significar�tly between success�ve test
points and sample interrrals and at locations other #han where
observations, exploration, and investi�ations have been rnade. Because
of the inherent uncertaint9es in sU�surface evaluations, changed or
unanticipated underground conditions may accur that coufd af�ect the
total PROJECT cast and/or execution. These canditions and
cosfi/execution effects are not the responsif�ility af the Ei�GINEER.
�. �reparatior� of Engineering �rawings
The ENGfNE�R wiil provid� to the CITY #he original drawings of all plans in ink
on reproducibie plastic film sheets, or as otherwise approved by CITY, which
shall b�came the property of the CITY. CITY may use such d�awings in any
manner it desires; provided, however, that the ENGINEER shali not be liable far
the use of such drawings far any praject oiher than the PR4JEGT described
herein.
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�. �ngineer's Personnel a� Consfrucician 5ifie
(1) The presence ar duties of #he ENGINEER's persor�nel at a construction
site, wheiher as on-sit� repr�sentatives or otherwise, do not make the
ENGfNEER ar its �ersonnel in any way responsible for those duties that
belong to the CITY and/ar the CITY's constr�ction ca�tractors or other
entities, and do not refi�ve the canstructian contractars or any other
entity of their obligations, duties, and responsibilities, inciuding, but not
limited ta, all canstruction methads, m�ans, tect�niques, seq�ences, and
procedures necessary� for coordinat�ng and campleting all �ortions of the
construction work in acc�rdance with the Contract Documents and any
hea4th or safety preca�tions required by such canstruction wor�C. The
ENGINEER and its personnel have no authority to exercis� any contro�
over any canstr�ction contractor or other entity or their employees in
connectio�r with their worfc or any health or safety pr�cautions.
(2} Except to the extent of specific siie visit� expressly detailed and set forih
in Attachmeni A, t�te ENGINEER ar its persnnn�f shal� have no
obligation or responsibility to visit tt�e construction site to b�come familiar
with the progress or quality of the comple#ed wark on the PROJECT or to
determine, in general, if the work on the PROJECT is being pertarmed in
a manner indicating that the PROJECT, when camplet�d, wiil be in
accordance with the Contract �ocuments, nar shall anything in the
Cantract Documents ar the agreement between CITY and ENGINEER
be construed as requiring ENGINEER to make exhaus#ive a� continuaus
o�-site inspections to discaver [atent defects in the work or othenrvise
check the quality or quantity of the woric on the PROJECT. I�, fnr any
reason, the ENGINEER shouad maEte an on-site observation{s), on the
basis of such on-site abservations, if any, the ENGiNEER shalf endeavor
to keep the CITY informed of any deviatian from the Con#ract DocUments
coming io the actual notice af ENGINE�R regarding tF�e PR�JECT.
(3) When professional certificat9on of perFvrmance or charac#eristics af
materials, systems or equipment is reasanably required to perform th�
services set forth in tfi�e 5cap� of Services, the ENGINEER shall �e
entitled to reEq upon such certificatian to establish materials, sys#ems or
equipment and performar�ce criteria to �e required in ti�e Contraci
Documents. �
F'. Opinions of Probable Cos�, �inancial Considera4ions, and 5chedules
(1) The ENGINEER sha{I �Orovide opinions ai probat�le costs based or� the
current a�ailable information at #he time of p�eparation, in accardance
with Attac�ment A.
{2} In pravi�ing opinians of cost, financial analyses, ecanomic feasibility
prajeciions, and schedufes for the PROJECT, tfi�� ENGINEER has no
cor�#rol aver cost or price of labor and materials; unknown or later�t
conditions of existir�g equipment or structures that may af�ecf operation
ar maint��ance costs; competitive bEdding procedures and mar�tet
�C�
conditions; time or qualify of performance by third parties; quality, ty{�e,
management, or direction of operating personnei; and other economic
and aperaiional factors #ha# may mate�ially affect the �Itimate I�ROJECY
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's act�ai PI�OJECT costs, financial aspects, economic feasibility, or
scheciules will not vary fram the �NGINEER's opinians, analyses,
projections, or estimates.
G. Cons4ruction �rogr�ss �ayments
Recammendations by the ENGINEER to the CITY for periodic constructio�
progress payments to the constructian contractor wil� be based on the
ENGINEER's lcnorn�iedge, infarmatior�, and belief fram selective sampling and
obs�rvation thai the work has pragressed to the point indicated. Sucn
recommer�dations do not represent that con#inuous or deiailed examina#ions
hav� been made by the ENGINEER to ascertain that #he canstri.�ction contractor
has completed the work in exact accordance with the Gontract Documents; that
the final work will b� �ccep#able in a11 respects; that the ENGINEER has made
an examinat�on to asc�rtain how or for what purpose #he construction contractor
has �sed th� maneys paid; that title to any of ti�e work, materials, or equipment
has passed to th� CITY free and clear of liens, claims, security interes#s, or
encumbrances; or fhat th�r� are not other matters at issue between the CITY
and the construction contractor that affecf the amo�nt that shoufd be paid.
H. Record D�awings
Record drawir�gs, if r�quir�d, will be prepared, in part, on tF�e basis of
infarmation compil�d and furnished by others, and may noi always repr�sent
the exact location, typ� of various componenis, or exact manner in which the
PROJECT was #inally constructed. The ENGINEER Es not responsible for any
errors or omissions in th� informatio� from others thai is incorparated into the
record drawings.
I. Mino�i4y and Woman �usiness �nie�prise (MMl��) par�icipation
In accard with City af Fark Worth �rdinance No. 11923, as amer�ded by
�rdinance 13471, the City has gaals for the partFcipation of minarity busir�ess
enterpr�ses and woman business er�terprises in Ciiy contracts. Engineer
acknawledges the MIWBE gaal es#ablished for this contract and its commitment
to meet that gaal. Any misrepreser�tatior� of facts (other than a negligen#
misrepresentation) and/or the commissian o# iraud by the Engineer may res�alt in
the termination of this agreement and debarme�i from participating in City
contracts for a period of time of not less tha� three (3) years.
J. Righ� �o Audif
(1) ENGiNEER agrees that the CITY shail, un#i! #he expiration .of three {3}
years aft�r final payment under this contract, have access to and the
right to examine and �hotocapy any direc#ly pertinent books, documents,
papers and records of the EN�lNEER invo[ving transaciio�s relatir�g to
��
thi5 cantract. ENGINEER agreas th�# the CITY shall have access during
narmal working hours to al[ riecessary ENGINEER facilities and shall be
provided adequate and apprti�riate work space in arder to conduct
sudits in compliance with the provisions of this seciion. The CITY shall
give ENGiNEER reasanabie ad�ar�ce notice of intended audits.
{2) ENGINEER iurther agrees #o include i� all its subconsultant agreements
hereunder a pravision to the effiect that the subconsultant agrees that
t�e CITY shafl, until the expiration of three (3} years after final payment
under the subcontract, have access to and the right to examine and
photocopy any directfy pertinent books, documents, papers and records
of such subcansultant, invalving transactio�s to the s�abcontrac#, and
furtt�er, #ha� fhe CITY shall have access during normal worl�ing haurs ta
atl subcansultant facilities, and shal� be provided adequate and
appropriai� work space, in arder to conduct audits in compliance with the
pmvisions of this article together with subs�ction {3}hereof. CITY shall
give subconsultant reasonabfe advance natice of intended audits.
(3) ENGINEER and subconsultant agree to photo capy such docum�nts as
may 'be requested by the CITY. Th� C�TY agrees to reimburse
ENGINEER for the cost of cvpies at the rate published in the Texas
Administrativ� Code in effect as of #he time copying is performed.
I�. �NGIfV��R's Insurance
(1) Insurance coverage and limits:
ENGINEER sha11 provid� to the City certificate(s) of ins�arance c4acumenting
policies of the follawing coverage at minimum limits which a�e• to be in effect
prior to commencement of work on the PR01�CT:
Commercial General Liability �
$1,OQ0,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or r�asonabfy equivalent limits of caverage if written
on a split iimits basis). Coverage shall be on any vehicle used in the caurse of
the PROJEGT.
Worker's Compensation
Coverage A: statutory limits
Caverage B; $100,000 each accident
$500,Da0 disease - �olicy limit
$100,000 diseas� - each empbyee
Professional Liability
$1,000,�00 each claimlannual aggregate
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(2} Certifica#as of i�surance evidencing that the ENGINE�R has obfain�d ali
required insUrance 5ha1f be deliv�red to the CITY prior to �NGlNEER
proceedirig with the PROJ�CT.
(a) Applicable poficies shall be endarsed to name the G1TY an
Addi#i�naf Insured thereon, as its interests ma�r appear. The t�rm
CITY sha11 incEude its employees, office�s, officials, agents, and
vol+�nteers as respects ihe contracted services.
(�) Certificat��s) of insurance shall document that insurance
coverages specifi�d accarding to items sectian K.(1j and K.(2) af
this agreement are provide� under applicable �olicies
documen#ed thereon.
{c) Any failure on part of the CITY ta req�est required insurance
dacumentation sha11 not constitute a waiver of ihe insurance
requirements.
(d} A minimum ofi thirty (30} days notice of cancella#ion, non-renewal
or material change in co�erage st�a�l be provided to the CiTY. A
ten (10) days natice shal{ be acceptable in the �vent of nnn-
payment of premium. Such terms shall be endarsed anto
ENGINEER's insurance policies. Notice shall be sent ta #he
respective Departme�t Directar (by name}, City of Fort Worth,
100d Ti�rockmorton, Fort Wort�, Texas 76102.
{e) Insurers fc�r all policies must �e autharized to do business in #he
state of Texas ar �e otherwise appraved by the ClTY; ar�d, such
insurers shail be acceptable to ihe CITY in terms of their financial
strength and solvency.
(f} Deductible limits, or self insur�d re#entions, aff�cting insura�ce
required herein may be acc��tabEe to the CITY at its sole
discr�tion; and, in lieu of traditional insurance, any alternative
caverage maintained througF� insurar�ce pools or risk retention
groups must be also approved. Dedicate� financial resaurces or
letiers of credit may also �e acceptable to the City.
(g} applicable palicies shaH each be endorsed with a waiver of
subragation in favar af th� CITY as respects the PR�JECT.
(h) The City shaN he entitled, upon its request and withnut incurring
expense, to review the ENGINEER's insurance policies including
endors�ments thereta and, st t�e C1TY's discretion, the
ENGINEER may be required to pravide proof of insurance
premium paymenis. .
(I) The Cammercial G�neral Liability insurance policy shalf have no
exclusions by endarsemen#s unl�ss such are appranred by the
C1TY.
�
(j) The Prafessivnal Liabiiity ins�rance policy, if writ#en on a claims
made basis sha�l be maintained by the ENGINEER for a minimum
two {2} year period subsec�uent ta the term of the respectiv�
PRQJECT contract with fhe CITY unless such coverage is
�rovided the ENGINELR on an accurrencE basis.
(k) The CITY shall not be respons9ble far the direct payment of any
insurar�ce premiu�ns requir�d by this agreement. It is unclerstood
thai insurance cost is an �Ifowable component of ENGINEER's
overhead.
(1) A!I ir�surance required in section K., except for the Professiona�
L'+ability insurance policy, shall be written on ar� occurrence basis
irt order to be appraved by the CfTY.
{m) Subcansultants ta the ENGCNEER shall be required by the
ENGINEER to maintain the same or reasonabfy equivalent
ir�surance coverage as required far the ENGlNEER, When
insurance cov�rage is mair�tained by subconsuitants, ENGINEER
shall provide CITY with documenta#ion thereof on a cer�ificate of
insurance. Natwithstanding anything to the contrary cantained
herein, in the � e�ent a subconsultan#'s insurance coverage is
cancelecf or terminated, such cancellation ar t�rmination shall not
canstiiute a breac� by ENGINEER af th� Agreement.
L. lndependen� Consuftanf
The ENGINEER ag�ees to perform aH services as an independertt consuftant
and not as a subeontractor, agent, or employes of the CITY.
Ni. �isclosure
The ENGINEER acknowledges to the CITY that it has mad� full disclosure in
writing of any existing canflicts of interest or potential conflicts of interest,
including personal financial �nteres#, direct or in�irect, in property abutting the
propose� PROJECT and business re�ationships with abutting property cities.
The ENGIN�ER fu�ther ackr�owledges that it will make disclasure in writing af
a�y canflicts of interest which develap subsequent to the signing of this contra�t
and prior to fina{ �ayment under fhe contract.
N. Asb�s�as ar Hazardous SUbs�ances
{1) If asbesfios or hazardous substances in any form are encauntered or
suspecied, the ENGI[�EER wiU stop its awn work in the affected portions
of the PROJ�CT to permit testing and evaluation.
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(2) 1f asbestos or other �azardous su�stances are suspected, the
ENGINEER will, if requested, assist the C[TY in obtaining the services of
a qualified subcontractor to manage the remedia#ion aetivities of the
PROJEC�. �
O. Permiticing Authorities - �esign Changes
kf permitting authoriti�s require design char�ges so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware o� at the time this Agreement was
execu#e�, the ENGWFER sha11 revise plans and specifications, as required, at
its own cost and expense. However, i# design changes are required due to the
changes in the permitting authorities' published design criterEa andlnr practice
standards criteria which are published after the date of tf�is Agreement wk�ich
the ENGINEER could nat have been reasonably aware of, the ENGINEER shall
noti#y the CITY of such changes and an adjustment ir� compensation will be
made througn an amer�dment to this AGREEIIflENT.
Rrticle V
Obligafiions o� fMe Ci4y
Amer�dm�nts to Article V, if any, are included in Att�chmen# C.
A. Cify-�urnished Dafa
The CkTY wi�l malce avaifabie to the ENGWEER ail technicat data in the CITY`s
possession relating to the ENGINEER's services an the PROJECT. The
ENGIIVEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CI7Y.
�. Access fo �acilities and Properiy
The CITY wili make its #aci{ities accessible to the ENGINEER as required for the
ENGINEER's perFormar�ce of its services and will provide la�or and safety
equipmer�t as req�ired by the ENC{NEER far such access, The CIN will
p�rfnrm, at no cost to the ENGINEER, such tests of equipment, machinery,
pipelines, and oti�er components af the CITY's facilities as may be requir�d in
connection with the ENGINEER`s services. The CITY wiil be responsible finr alf
acts of the CITY's persannel.
C, Adveriisemen#s, �ermiis, and Access
Unless otherwise agreed to in the Scope of Services, the CITY wEll obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and iand, easem��ts, righfs-of-way, and
access necessary for the ENCiNEEF�'s senrices or PROJECT construction.
4:�
D, Timely �eview
The CiTY will examine the E�GCNEER's sfudies, reports, sf�etches, drawings,
specificatians, proposals, and other documents; obtain advice af an attamey,
insurance counselor, accountant, auditar, bond and financial advisors, a�d other
consultants as #he CITY de�ms appropriate; and render in writing decisions
requEred by t}�e CfTY in a timely manner in accordance wi#� the {�roject scheduie
in Attachrrtent D.
�. �romp� Notice
Tf�e CITY will give prampt written notics to the ENGkNEER whenev�r GITY
observes or becomes aware of any devefopmen# that a�fects the scope or timing
af the ENG3NEER's services ar vf any defect En the wark of the �NGINEER ar
constructian contractors.
�. Asbes�os or kazardous Subs�ances and Indemniffcation
{1) To the maximum �xtent permitted by Isw, the CITY wilf indemnify an�
release ENGiNEER and its officers, employees, and s�abcontractors from
a11 claims, damages, losses, and costs, including, but not limited to,
attorney's fees and litigation expenses arising out of ar relating to the
presence, discharge, release, or escape of hazardaus substances,
contaminants, or as�estos on ar fram the PROJECT. Nothing contained
herein shall be construed ta r�quire the C171' to 1evy, assess or collect
any tax ta �und #h�s indemr�ification.
(2) The indemnification and release requir�d a}�ove shall not apply in the
event tl�e discharge, release or escape of hazardaus substances,
confaminants, or asbestos is a result of EN�IN�ER'S negligence or if
such hazardous substance, cantaminan# or asbestos is brougi�t onto the
PROJECT by �NGINEER.
C. Congracfior Indemnification and Claims
The CITY agrees to include in a�) construction cantracts the provjsians of Article
IV.E. reg�rdang tne ENGINEER's Personnel at Construction Site, and pravisions
providing contractor indemnification af the C1TY and the ENGINEER for
coniractar's negligence.
H. Confractor Claims and �'hird-�arEy �eneficiaries
(1) Th� CITY agrees to include the following clause in sl! contracts with
constructian cantractors and equipment ar materials supQliers;
"Contractors, subcontractors and equipm�nt and materials
suppliers on the PR�JECT, or their sureties, shall maintain no
direct actian against ti�e ENGINEER, its officers, employees, and
sub�ontractors, for any claim arising out of, in connection with, or
result'tng from #he engineering services pertormed. Only the CITY
�
will be the bene�iciary of any untferta�ing by the ENGIN�ER."'
(2) Tf�is AGREEMENT gives no righ#s ar benefits to anyone other ihan the
CITY and the EN�fIV��R and there are no third-par�y benefiiciaries.
(3) Th� CITY will include in each agreement it enters inta with any ather
enti#y or persar� regarding th� PROJECi a pravision that such entity or
person shall have na third-par�y benefic�ary r'rghts �r�der this Agreement.
(4} Nothing contained in this section V.H. st�all be construed as a waiver of
any right the CITY has to bring a claim against ENGINEER.
I. CIiY's lnsuranc�
(1) T�e CITY may mai�tain property insurance on certai� pre-existing
s#ructures associated with the PR�JECT.
(2j The CITY will �nsure that Builde�s Ris�c/lnstallation insurance is
maintained at ti�e replacement cost val�e of the PROJ��T. The CIT1'
may provide ENGINEER a copy of the pol�cy ar dacumentatian af such
an a certi�icate af insurance.
(3) The CITY will specify that the Builders Riskllnstal�ation insurance shall
be compref�ensive �n coverage appropriate to t�e PROJEGT risks.
J. �iiigation Assis�ance
The Scope of Services does not Enclude costs of the EIVGINEER for required or
rsquasted assistance ta support, prepare, document, �ring, defe�d, or assist in
litigatian undertaken or defer�ded by the C1TY. In the event ClTY requests such
services of the ENGlNEER, this AGREEMENT shall be amended or a separate
agreement will be negatiated between the parties.
K. Char�ges
The CITY may make or approve cfi�anges within ti�e g�nera! Scope of Services
in this AGf�EEI�ENT. {f such changes affect the ENGIN�ER's cost of or time
requir�d �or perFarmar�ce af tt�e services, an equitable adjustme�t will be made
through an amendm�nt to this AGREE�tIIENT with apprapriate C[Tl' approva[.
ArtEcle VI
Cyenera! Legal Prowisions
Amendments to Article VI, 9f any, are inciuded in Attachmen# C.
A. Auihori�ation to �roceed
ENGINEER shall be authorized to praceed witi� this ACRE�MENT upon receipt
of a written Notice #o Proceed from the CITY.
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�, Reuse ofi Project �ocumen�s
All designs, drawEngs, sp�cifications, �ocuments, and other worEt products of the
ENGINEER, whether in hard copy ar in electranic form, are instruments of
service for th9s PROJECT, whether #he PRQJECT is completed or not. Reuse,
change, or aEteration by the CITY or by others acting #hraugn or on behalf of the
CITY af any such instrumen�s of service without the written permission of the
ENGWEER wilE ba at the CITI''s sole risk. The final designs, drawings,
speci#ications and documents shafl be own�d by the CITY.
C. �orce Nfajeure
The ENGIN�ER is not responsible for damages or delay in pertormance ca�ased
by acts of God, stri�Ces, lockouts, accidents, or ather events beyond the controa
of the ENGINEER.
D. ierminaiion
{1) This AGREEMENT may be termir�ated dnly by the Ctty for convenier�ce
on 30 days' written notice. TF�is AGREEMENT may be terminated by
e�ther the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault af the other and does not
comr�enc� correction of such nonperFormance with five (5} days of
written natice and diligently complete the correction thereafter. �
{2) �f this AGREEMENT is terminated iar the cor�venience of the City, the
ENGINE�R will be paid for terminatian expenses as fallows:
a} Cost of reproductiar� of Partial or complete studies, plans,
specifications vr other forms of ENGINEER'S wark praduct;
b) Out of-pocket expenses for purchasing storage containers,
m�crofilm, electranic data files, and dther data storage supplies or
SL'NIC@S;
c} The time requir�ments for the ENGINEER'S personr�el to
document the work underway at the time the CITY'S termination
for convenience so ti�at the work effart is suita�le far long #ime
storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submi# to the ClTY an itemized statement of all terminatian expenses,
Th� CITY'S a�praval will �e o��ained ir� writing prior io proceeding wit�
termir�ation services.
�. Suspension, Aelay, ar lnterruption io 1Nor�
The CITIf may suspend, delay, or interru�t the services of t�e ENGiNEER for
the convenience nf t�e CITY. In the event of such suspension, delay, or
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interruption, an equitabl� adjustme�t in the PROJECT's schedufe, commitment
and cost of the ENGINEER's personnel ar�d subcontractors, and ENGINEER's
compensation will be made.
I�. Indemnifieafian
(�} T�e ENGINEER agr�es to indemnify and defend the ClTY from any loss,
cost, ar expense claimed by third par#ies for property damage and bodily
injury, including death, caused sol�ly by the negligence or willful
misconduct of the ENGIN�ER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) lf the r�egligence ar wil�ful misconduct of both the ENG{NEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or fnjury, the loss, cost, or expense shall be shared
between the ENGINEER ar�d the CIT1' in pra�ortion to thEir relafive
degrees of negligence or wili#ul misconduct as determi�ed pursuant ta
T.C.P. & R. Cade, seGtion 33.011(4) (Vernon Supplement 1996).
C, Assignment
Nei#�er party wil! assign all or any part af this AGREEMENT without th� prior
written consent of the other party.
H. Inierprefatian
Limii�fiions on liability . ar�d indem�iti�s in this AGR�EMENT are busin�ss
und�rstandings between the par#ies and shall apply to al! the di�ferent theories
a# recovery, includi�g breach of contract or warranty, tort incl�tding ne�lEg�nce,
strict or statutory �iability, or any other cause of action, exce�t for wiilful
misconduct or grass negligence for limitatians of li�bility and sale negligence for
ir�demnifieation. Parties means the CITY and the ENGINEER, and their officers,
employees, agents, and subcfln#ractors.
I. .lurisdicfion
The law o� the State nf Texas shall gavern the validity of this ACREEMENT, its
interpretatio� and perfiormance, and any o#her claims reiated to it. The �enue
far any litigation related to #his Af�REEMENT shafi be Tarrant County, Texas.
J, Alternaie �ispute Resolution
{'i) AEI claims, disputes, and other matters in questian betweer� the CITY a�d
ENGINEER arising out o#`, or in connection with this Agreement or khe
PR�JECT, or any breach of ar�y obligatian or duty of ClTY ar
ENGINEER hereunder, will be submitted to mediatiort. If inediation is
unsuccessful, the claim, disp�te ar other matter ir� qu�stion shall be
submitted to arbitratian if both par#ies acting reasonably agree thai the
amaunt of the disput� is li{�efy to b� less tha� $5Q,000, exclusive of
attorney's fees, costs and expenses. Arbitration shall be in accordance
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with the Construction Industry Arbitration Ru�es 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 attorn�y's fees, costs and expenses, will be final, judgme�t
may be entered therean in any eourt having jurisdiction, and will not be
su�ject to appeai or modification except to th� �x#ent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 14
and 11).
{2} Any award greater than �50,OOQ, exclusive of attorney's fees, costs and
exper�ses, may be litigated by eith�r party on a de novo basis. The
award shall become final ninety (90) days from the dat� same is issued.
If litigation is filed by either party within said ninety (90} day period, the
award sha[I became null and vo�d and sha�l not be used by either par#y
for any purpose in the litigation.
K. Se�erability and Su�ri�al
E� any of the �rovisions containad in this AGREEMENT are held for any reason
ta be invafid, illegal, or unenforceable in any respect, such in�alidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall
be coristrued as if such invalid, illegal, or unenforceabke provisian had never
been cor�tained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., ar�d VI.J. shall
survive termination o# this AGREEMENT for any cause.
L. Observe and Comply
ENGlNE�R shall at all times abserve and comply with all federal and 5tate laws
and reg�lations and with all City ordinances and regulations which in any way
affect th9s AGR€EM�NT and the wark hereunder, and shall obse�ve and comply
with al1 orders, laws ordinances and regulaiians which may exist nr may be
enacted later by governing bodies having jurisdiction ar autharity for such
enactment. No �lea of � misunderstanding ar ignorance thereof shal! be
considered. ENGINEER agrees to defend, indemnify and hold harmlEss CITY
and all af iis officers, agents and empioyees from and a�ainst ali claims ar
liability arising out af th� vialatjon of any such order, law, ordinance, or
regulation, whether it be by itself or its employees. _
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Article VII
Af��chm�n4s, �chedule�, and Signature�
This AGREEMENT, including its attachments and schedules, con�titutes the entire
ACRE�M�N�, supersedes all priar writter� or oral und�rstandings, and may only be chang�d
by a written amendment executed by both parties. The following attachments and schedules
are her�by made a part af this AGR��M�N�:
Attachment A- Scope af Serrrices
Attachmeni B - CompensatEon
Attachment C- Amendments ta Standard Agreemer�t for Engineering Services
and Ai#achment A
Attachment D - Project Schedule
Attachment E - �achibit
ATT�SY:
�.
.��'�h �
C�loria Pearsan �
City Secretary
� � ���1
Contract Authori�ation
� � �- l � -� a-
na�e � _
APPROVED A5 TQ FORIVI
AND LEGALI7�Y
CITY OF FORi WORi�I
B� °
Bridgette G rrett
Act�ng Assistant City Manager �
,�-.�,--� i�
�,
r
11 �
A. Dou�las Rademake�, P.E.
— Director, Engineering Department
NFn K. Bl1R SnN & ASSC� ,IATF�_ It,y�„
ENGINEER
.
�
.� � .
Assistant City Attorney
WSM-N
By: �
Ned K. Burlesa�, P.E.
� President
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�����''U��� ���U��}
'��1��'r ����'����
4
�11^' `
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Ai�ACHM�Ni ►�A��
,- .. � .
"Scope of 5ervices set fo�th her�in can only �ae modified by arlditions, clari�cations, and/or
d�f�tions set forih in the supplemental Scope of Services. In �ases of conflict 6etween th�
Supplementa! Scope of Services and the Genera! Scope of Services, the Suppfemertial Scope
of Services shall have preced�nce over th� General Scope of Services. "
_► -: �
1} Prelimina�y Can��r�n�e with �i�y
The Engineer shall attend pr�liminary conferer�ces wiih authorized representativ�s of
the City regarding the scope of projec� so t{�at the plans and specificatians which are to
be developed �ereunder by th� Engineer wilf result in providing facilities which are
econamical in d�sign and conform #o the City's req�airements and hudgetary
constraints.
2} Coo�dination wi�h Outside /�gencieal�ublic �ntifies
The Engin�er shall coordinate with afficials of other outside agencies as may be
necessary for the design of the proposed street, and storm drain andlor wate� ar�d
wastewater facilitieslimprovements. I# shall be th� Engineer's duty hereunder to secure
necessary information from such autside agencies, to meet their requirements.
3) E�eo%chrticallnve�4igatians
The Engineer shall advise th� City �f #est borings, a�d ather subs�r�ace investigations
tha# may� be needed. 1n the event it is determined necessary ta make borings ar
excavate iest hol�s or pits, the Engineer shal[ in coordination with the City and the
City's geotechnic�l engineering consuitant, draw up speci#ications far such testir�g
program. The cost o� the borings or excavations shal! be paid for i�y the City.
4) Agre�meni� artd �ermits
The Engineer shalf com�lste all formslapplications ta allow the City of Fort Warth ta
obtain any and al1 agreem�nts andlor permits norma�ly requir�d for a project of this siz�
and ty�e. The Engfneer will he responsible for negotiating and coordinating tv obtain
approva! of th� agency issuing the agreement andlor permits and will make ar�y
revisions r�ecessary io bring #he plans into comPliance with the requirem�nts af said
agency, ir�ciuding but nat limited to highways, railroads, wat�r authorities, Corps of
Engin�ers ar�d vther utilities.
5) ��si�n �hanges R�laiing �o �ermifi�ing Ruihor�4ies
lfi permitting authorities r�quire design changes, the Engineer shall�revise the plans and
specifications as required at ihe �ngineers own cost and expens�, unless such
chan�es are required due to changes i� the design of the facilities made by the
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permittir�g authority. If such changes are required, the Engineer shall natify the City and
an amendment to the contract shall �e made �f the Engir�eer incurs additional cost. If
there are unavadable delays, a m�tually agreeable and reasonabae time extension
shall be negotiated.
6} �ia� Submi�al
Copies of #he original pEans shall be provided on reProducible mylar or approved plastic
film sheets, or as atherwise a�proved by the Deparkment of Engineering and shall
become the property af th� City. City may use such drawings in any manner it d�sires;
provided, however that t1�e �ngineer sfi�all not be liable for the use of s�ch drawings for
any project oti�er than th� project described herein; and further pro�ided, that the
Engineer shafl not be I€able for the cansequertces af any changes that are made to the
drawings or changes tl�at are made ir� the implementation of the drawings withaut the
written approval of the Engineer.
�HAS� 1
7} Right�o��Way, �asem�n� and �ar�d �cquis�iion Needs
The Engineer shall de�ermine the rig�ts-af-way, easement nee�s for the construction of
the �roject. Engine�r shalE determine ownership of such [and and furnish the City with
the n�cessary right-of-way sketches, prepare necessary easement descriptions for
acquirir�g the rights-o� way and/ar easemer�ts for the construction of this project.
Sketches and easement descriptions are to be presented in form suitable for direct use
by the Department a# Engineering in obtaining rights-of�way, easements, permits and
licensing agreements. A!I materials shall be furnished on the app�opriate City fo�ms in a
m�nimum of #our (4) copies each. �
8) Design Surv�y
The Engineer shall provide necessary field survey fflr use in the preparation af Plans
and Specifica#ions. The Engineer shall furnish the City c�rtified copies of the f9eid data.
9) Utility Caordination
The Engineer shall coordinata with all utilities, including utifities owned by the City, as ta
any proposed utility lisns or adjustm�nt to existing utility lines within tfi�e project limits.
The information obtained shal! be shawn on the canceptual plans. The Engineer shall
shQw on the prelimi�ary and final plans the location of the proposed utifi#y lines,
existing utility lines, based an the informatian provided by the utility, and any
adjustments and/or relocation of the existing lines within the project limits. T�e
Engineer shall also evaluate the pF�asing of the water, wastewater, street and drainage
wor�, and shall submit such e�aluation in writing #a the City as part of this phase of the
project.
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10) Conc�p�ual �lan�
The Engineer shail fur�ish four (4} copies of the Phase 1 concept engineering plans
which incl�de Cayouts, preliminary rig�t-of-way needs and preliminary estimates of
probable constructio� costs for the Engineer's recommended p1an. Far all submittals,
the Engineer shalf submit �lans and documents far streetlstorm drain and
waterlwastewater facili#ies. The Engineer shall receive written approval af the Phase �E
Plans from the City's projec# manager before proceeding with Phase 2.
�HI�S� 2
1'[) Design �ata
The Eng�neer s�all provide design data, reports, cross-sections, p�afiles, drainage
caiculations, and preiiminary es#imates of probable construction cost,
12) �reliminary Con���uction Plans and iechnical �pecificaiions
T�e Engineer sYrafl submit twenty (20} copies of Phase 2 preliminary construct�on pfa�s
and five (5) capies ofi the preliminary teci�nical specifications for review by the City and
�or submission to utility com�anies and ather agencies for the purposes of coordinating
wo�l� with existing and p�aposed utilities. The preliminary cnnstruction P�ans shall
indicate location of existinglproposed utilitEes ar�d storm drain lin�s. The Engineer shall
receive written approval of the Phase 2 plans from the City's praject manager �efare
proceeding with Phase 3.
PHA�� 3
13} Final Cons4ruction Plans
The Engineer shall furnis� �ive {a) copies o� the finaf construction plans and contract
specifica#ions for review by the City.
94} �e�ailed Cost �s�imate
The Engineer shall fumish faur (4) copies af detailed estimates ofi pra�abfe construciion
costs #or #he auti�orized construciion project, which sha�l include summaries of bid items
and quantities.
15} �1ans and 5pecification Approva�
The Engineer shall furnish an origina[ cov�r mylar far the signatures of authorized City
officials, The Contract Documents shall comply with applicable lo�al, state and fe�eral
laws and wi#h applicable rules and regulatior►s promulgated by local, state ar�d natio�ta!
boards, bureaus and agencies. The Engineer shall receive written approval of the
Phase 3 plans from the City's project manag�r befa�-e proceeding with Phase �4.
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PHA�� 4
'16} F�nal Apprav�d Const�uc�ion �ians
The Engineer sha11 furnish 45 bound copies of Phase 4 final approved construcfion
plans and contract speciiEcations. The approved plans and cantract speeifications shall
be used as authorized by the City for use in obtaining bids, awarding contracts, and
constructing the project.
1 i) �idding Assis�ance
The Engineer shall issue addenda as appropriate ta interpret, clarify, or expand the
bidding documents, and assist the owner in det�rmining the qualificatiens and
acceptability af prospective canstructars, subcontractars, and suppliers. When su�stitu-
tian pr�or ta ihe award.of contracts is allowed by #he bidding dacuments, the Engineer
wifl advise the owner as to th� acceptability af aft�rr�ate materials and equipme�t
proposed by the prospective constructors.
18) Recammendafiion of Awa�d
The Engineer shall assist in the tabu[ation and review of a11 bids received for the
construction of the proj�ct and shall mak,e a recommendatian of award to the City.
19) Prebid Cvn�'erence
The Engineer sha!! attend the prebid conference and the bid oper�ing, prepare bid
tabulation sheets and provide assistance ta the owner in evaluat�ng bids ar proposals
a�d in assembiing and awarding contracts for canstruction, materials, equipment, ar�d
services.
PF�AS� �
20} �recons�ruc�ion Conferenc�
The Engineer sf�all attend �he preconstruction conference.
2'i) Consiruc�ion S�+rv�y
Thre Engine�r shall be available to the City on matters concerning the layout of the
project during its constr�ction and will set cantral points in tne field to a1�ow City suruey
cr�ws to sta�e the project. The setting of line and grad� stakes and route inspection of
canstructivn wifl be pertormed by the Cifiy.
22) Si�e Visi�s
The Engineer shal! �isit the projeci site at a�propriate intervals as cflnstruction
proceeds to observe and report on the progress and the quali#y of the executed work.
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23} 5hop D�awing R�view
The Engin��r shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratar�, shop, and mill
iest reporis an materiais and equipment,
24) Instruct�arts �o Conirac4or
The Engineer shaEl provide necessary interpretations and clarifcations of con#ract
documents, review change orders and make recommendations as ta t�e acceptability
of the work, at the request of the City.
25) �iffie�ing Site Condi4ion�
The Engir�eer shall prepare sketches required to resolve problems due to actual fie�d
conditions encountered.
26) �ecord [�rawings
The Engineer shall prepare recard drawings from information submitted by the
contractor.
�.�
EXHIBIT "'A-1"
SUPPLEMENTAL SCOP� O� SERViCES
(SUPPLEMENT TO ATTACHMENT "A")
Water and Sanitary Sewer Replacement Contract 2001, W5M-N
Water Project No. PW53-060530'17638a
5ewer Project No. PS58-07058�175750
�O� No. 3599
PHASE I- DESIGN SERVICES. P1PELINE REHABILlTATION
The following is a clarification o# the tasks that the ENGINEER will pertorm under
ATTACHMENT "A". Work under this Exhibii includes replacement of approximately
3,930 finear feet af water line and 2,86a linear feet of sani�ary sewers in �rarious
iacations within the City. Specific water and sewer fine locations ar� listed on
Attachment "�" an� shawn an Exhibit "E". llpon receipt af Notice to Proceed, the
ENGINEER will per�orm the following tasks:
PART A- PRE-ENGINEERlNG
1. Initial Data Collec4ion
a. Pre-Design Coordinaiion Meetings
�NGINEER will attend and document m�etings, as required, to discuss and
coordinate various aspects of the project. For ptarposes of estabfishing a level of
effart, two {2) me�tings are anticipated. Th�se include the following:
o One ��) pre-des�gn kick-ofiF meeting (including the CiTY's Water Department,
Department of Engineering and other deparkmen�s that are impacted hy the
pr�ject).
• One (1) review meetit�g af completion of i�e CITY's review of the Design
Summary Report,
b. Researcn of Rehab History
The EryGINEER will conduct a cursary review of corr�pleted water line and
sanitary sever replacement and rehabilitation work in the vic�nity of the �roposed
locations. This wi[I include discussians wifh varinus CITY departments, and
coordination with loca[ consultants engageci in past and current water line and
sanitary sewer improvement prajects. Interviews will also be conducted with staff
in the Field Ope�ations Divis�an. T�� research data will be compiled anc{ ma�pec!
to avoid potenfial duplicatio� af work proposed �nd�r this confract.
c. Caordina�ian With Other Agencies
During t�e conc�pt phase, the ENGINEER will consuft with all utilities, including
utilities owned the City, and railroads. These entiiies shall also be cantacted if
applicable, tn determine plans for any proposed facilities or adjustment to
EA-1(1)
existing faciEities w�thin the praject limits, The information obtainec� shall be
snown on the co�cept plans. The ENGINEER shall show the location of the
praposed utility lines, existing utility lines, and any adjustments and/or relocatian
oF the existing lines withir� the project limits. ENGINEER shall complete all forms
necessary for City to obtain permit letters fram #he railroad and submit such
forms to the City. City shall be responsible for forwarding the forms to t�e
affected ageneies for execuiior�.
2. Monthly F'rogress Reporti and Neighborhood News4etter
a. The ENGINEER shall host, attend and participat$ in progress meeiings as
reques#ed by the CITY. The ENGINEER shall submit a progress schedule after
the design contraci is fully executed
b. ENGINEER will prepare a quarterly n�wsletter detailEng the status of the project
for c�istri�utian to the affected neighborhaad Association. The newsletter will be
reviewed and approved by the City priar to distribution.
PART B- CONSTRUCTI�N PLANS AND SPECIFiCATIONS
1. Conceptual Engine�ring
a. Surveys for Design
1} The ENGINEER wilf perForm field surveys to co{lect horizontak an� ver�ical
elevations and other infnrmation, whic� will be needed for use by the
ENGINE�R, it design and preparation of plans far the project. infarmation
gathered during the survey shall include topographic data, elevatinns of all
water appurtenances, sanitary sewer structures and adjacent storm sew�rs,
rimlinvert elevations, location of buried utilifies, structures, and other features
relevant ta the final plan sheets. L.ocate F�orizontal arid vertical aiignment of
utility fines. Tie 9mprovements, tr�es, fences, walls, etc., horizonfally within
the limits of the existing R.O.W. in ad�i�ian, (ocate al� front hause corn�rs.
Profile existing water andlor sewer line centerfine, Compile base pla� from
fielci survey at 1" = 20' harizontal and 1" = 4' vertical scale.
2) ENGINEER Will Provide The Folfowing lnfarmation:
All plans, field notes, plats, maps, legai description.s, ar other specified
documents �repared in conjunction with the re�uested services shall be
provided in a�igitai format compa#ible with the electronic data callection and
computer-aided design and drafting software currently in use by the ClTY
Deparfinent af Engineering. Alf text data such as plan and profile, legal
descri�tions, coordinate files, cut sheets, etc., shall k�e pravided in t�e
American Standard Code for Information Interchange (ASCII) fo�tnat, all
drawing fi�es shall be provided in AutoCAD (DWG or DXF) format {currently
Release 13; ot as otherwise approved in writing by the CITY, anc! all data
colkect�d and generated duri�g the caurse of the project shall b�come #he
property of the GITY.
�A-1{z)
The minimum, information ta be prnvide in the plans shali include ihe
following:
a. A Project Contro! Sheet, shawing ALL Control Points used ar set whi{e
gathering data. Gen�rally on a scale of nat less than 1:400;
b. The following informatian about each Cantrol �Point;
(1) Identified (�xisting City Manument #8901, PK Nail, �18" Iron Rod}
(2) X, Y, arici Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordir�ate on City Datum only.
{3} Descriptive Locatio� (EX S�t in khe centerGne of t�e fillet in ihe south
curb line af North Side Drive at tile east end of radius at the sautheast
carner af Narth Side Drive and North Main Street},
c. Coordinates on all P.C.'s P.T.'s P.i.'s, Manholes; Valves, etc., in the same
coordinate system, as the Control
d. No less than twa horizanial .control points, per line or location
e. Bearings glven on al! proposed centerlir�es or baselines.
f. Statian equations relating utilities to paving, when appropriate.
b. Public Notificatian
Prior to conducting design survey, ENGINEER wilf notify affected resi�ents of the
praject in writi�g. The notification leiter shall be on company letterhead and shalf
include the #ollawing: project n�me, limits, DOE project no., Cansultant's �roj�ct
manager and phane number, scape af survey wark and design survey schedule
The letter will be reviewed and approved by the City prior to distributian.
c, Conceptual Design 5ummary Report
A d�sign summary report shall be submitted to City thirty (30) days after Notice
to Praceed Letter is issued
2. Preliminary Engineering
Upan approval of Part B, Section, 1,c., ENGINEER wi11 prepare preliminary
construction p{ans as follows:
a. Overall wat�r line ar�d sanitary sewe� layout sheets and an overall easement
layoui sheet(s)
b, Preliminary project p{ans a�d prafile sheets which shaw the fQllowing Proposed
water an�lor sanitary sewer planlprofile and recommended pipe size, fire
hydrants, water service �ines a�d meter boxes, gate valv�s, isofation vaives and
EA-I(3}
all pertinent informatior� needed fo construct the project. Legal description {fot
Nos., Block Nos., and Additian Names) along wikh praperty ownersf�ip shall he
provided on the plan �jew.
c. For water and sewer lines, rehabili#ation and replacemer�t wil{ be located an the
base sheets prepared from survey information gafhered under Part B, Sectian 1.
Conflicts shall be resolved where pipelines are to be rehabifitated on #he same
line segrnent. Base sheets �hal! reference affected or acijaeent streets. Where
op�n-cut constructian is anticipated below and abave ground utilities wiN be
located as shown an �he b�se sheeis.
d. Exisiing utilities and utility easements will be shown on the plan and profile
sheets. ENGINEER will coardir�ate with utility companies and the Gity of Fort
Worth to determine if any future improvements are planned that may impact the
praject.
e. The ENGWEER shall make provisions for reconnecfing all water and/or
wast�water service fines which car�nect directly to any main being replaced,
including re�lacement af existing service lines within city right�of-way ar utility
easement. When the existir�g alignment of a water and sanitary sewer main or
lateral is changed, provisians will be made in the final p[ans anc�lar specificatians
by ihe ENGINEER to relocate all service lines wl�ich ar� connected to the
exis#ing maEn and connect said se�vic� I�nes to the relocated main.
f. The ENGINEER will prepare standard and special deta�l sheets for water line
Enstallation and sewer rehabilitation or replacement that are not already included
in th� D-Section of the City's specificatians. These may include conn�ctian
details between variaus parts of the praject, fiunneling details, boring and jacking
detaiEs, waterfine relocations, details unique to the construction of the project,
trenchless detai{s, and speciaf serviee lateral reconnections.
g. Right-ofi-Way Research
The ENGINEER sha11 conduct preliminary research for ava�lability af existing
easements where o�aen-cut construction or reloca�ian of existing alignments is
probable. Temparary and permanent easements wiA be appraximated based on
available information arid recommendations will be made far appraval by the
City.
t�. Right-of-lNaylEasement Preparatior� and Submittal
A11 anticipated work will be pertormed within existing street rights-of way. No
right-of-way or �asement preparation is aniicipat�d for this praject.
i. Utility Glearance Phase
The ENGINEER wil{ cansult with the CITY's Wafer Department, Department of
Engineering, and ather CiTY departments, public utilities, �rivate uti(ifies and
government agencies to determine the approximate focation of above and
undergraund utilities, and other facilities that have an impact ar influence on the
project.
EA-1(4)
ENGINEER wi�l design City facilities to avoid ar minimize conflicts with existing
utilities.
The ENGIN�ER shall deliver a minimum of 13 sets of approvec� �reliminary
construciian plans to the CITY's Utility Coordinator for forwarding to a11 utility
companies which have facilities within the limits ofi the project,
Preliminary Construction Plan Submittal
a} Preliminary plans anc� s�ecifications shall be submitted to City ninety (90)
days after approval of Part B, Section 1.
b) The ENGINEER shall deliver two (2) sets af prefiminary canstruction plans
and two {2) sets of specifications and contract documents to C{TY for review.
Generafly, plan sheets shall be organized as foUaws:
- Cover Sneet
- Easement Layout {if applicable)
- Plan & Profile Sheets
- Standard Construction DetaEls
- Special �atails (it applicable)
c) The ENGINEER wi!! prepare a preliminary estimate of probable canstruction
cost with the preliminary pEans submitted. ENGINEER shall assEst City in
selecting the feasible andlor economical solutions ta be pursued.
k. Review Meetings with CITY
The ENGINEER sF�all meetwith C�TY to discuss t�eir review commenfs for
preliminary submittai. Tne City shall directthe ENGINEER in writing to proceed
with Fina! Design for Final Re�iew.
Public Meekings
After ti�� preEiminary plans have been reviewed and approv�d by the C1TY,
ENGINEER shall prepa�e �xhibits along with an invitation lekter and attend public
meeting to help explain the praposed project to residents. The CITY shall mail
the invitation lefter to the affected residents.
3. Final �ngineering Plan Submitta{
a. Final Construction Documents shall be submitted to C3TY thirty {34) days after
apprflval of Part C, Sectian 2.
Following CITY appraval of the recommended improvemenis, the ENGINEER
shal{ prepare final pfans, specificatians and contract documents {each sheet shall
be stamped, dat�d, and si�ned 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.
EA-i(5)
b: Engineer's Estimate of Probable Construction Cost
Th� ENGINEER shai! prepare a final estimate of prababl� constructior� cost witi�
fhe final plans submitted.
PART C - PRE-C�NSTRUCTION ASStSTANCE
1. Administration
a. Deliver Bici Dacuments
The ENGiNEER wi11 make available for bidding, upon request by the CITY, up to
forty�five (45) sets of the final approved and dated plans, s�aecificatians and
contract dacuments ta the ClTY for distribution to patential bidders. Propasal will
be delivered in electronic format.
b. Bidding Assistance
The ENGINEER shail assist the CIT4' during bidding phase including preparation
and delivery af addenda to plan holders and respo�ses to questions submitted to
the DOE by prospective bidders, ENGENEER shalf attend the schedule pre-bid
conference.
The ENGINEER shalf assist in reviewEng the bids far completen�ss �nd
accuracy. The ENGINEER shall attend #h� project bid openir�g(s) anci develap
bid ia�ulatinns in hard copy and electronic format and submit four (4} copies of
the bid fabulatian
c. Assistance During Canstruction
The ENGINE�R s�tall attend the pre�construction conference for the praject. The
ENGINEER shall also consult wiih and advise the ClTY on design and/or
construction changes, it necessary.
The ENGINEER shall attend the substantial campletion and fins inspsction
m�etings for this pro�ect, review the post-constructian t�levision inspection video
tapes, and prepare a brief finai report for ihe completed project as to com�liance
with th� ENGINEER's design.
EA-1(6)
ATTACHMEf�T "B" �
CQMPENSATION AND SCHEDULE
Waier and Sanitary Sewer Repfacement Contract 200'S WSM-�f
Water Project Na. PW53-OB053D176380
5awer Project No. PS58-07Q58017�7�0
DOE Na. 3599
L Compensatian
A. Tt�e engineer shall be compensated a total lump sum fee of $fi�,�05,57
summarized in Exhibit "B-4". Payment of total lump sum f�e shall be
cansidered full compensation for th� services described in Exhibit "A-1"
for all kabar, mat�rials, supplies, ar�d equipment necessary to complete
the project.
B. The engineer shall be paid in faur (4) partial payments as descr�bed in
�xhibit "B-9" upon receipt af Four individual invoices from the Engineer. Ir�
thEs regard, tf�e ENGINEER shall submi# invoices for faur�partial payments
as descrihed in Exhibit "B-'�" Section I— Methoci of Paymer�t.
C. Subcontractor casts for any Addi�ianal Servic�s, which are approved in
advance by the City, shall be reimbursed at the actua� invaice cosi �lus
10%.
II. Scheciule
A. Preliminary Plans shall be completed 965 days after khe "Notice to
Proceed" letter is issued.
I�
EXHIBIT "B-1"
(SUPPLEMENT i'O ATTACHMENT B)
METHOD OF. PAYMENT
Water and Sanitary S�wer Repiacement Contract 2001 WSM-N
Wate� Project No, PW53-06053017�38a
Sewer I'roject No, PS58-07058Q175750
DOE No. 3599
I. Method of Payment
The Engineer sha.Il be paid in four (4) partial payments as outlined belaw:
PARTIAL PAYMENT NO. 1: Until satis£actory completion of Ex�ibit A-1, Part S,
Section 1, Part c, Design Summary Report, a sum nat ta exceed 40 percent afthe total
lump surn Fee.
PARTTAL PAYMENT N0. 2: Unti! satisfactory completian of Exhibit A-1, Part B,
Section 2, Pa.rt j, Prelirninary Cons��ruc�ian Plans & Specifications, a sum not tn
exceed 75 perc�nt of the tatal lump sum fee.
PARTIAL PAYNIENT N0. 3; Until satisfactory comple�ion af Exhibit A-1, Part B,
Section 3, Final Construction Plans & Speci�'ication, a sum not to exceed 90 percent of
the total lump sum fee.
PARTIAL PAYMENT NO. 4: Balance of ea�nings, Iess previous payments, to be due
a.nd payable after the pre-construction meeting for the project.
An offtcer of the ENGINEER shall varify the accuracy of eaeh invoice submitted which
shall comply with the terms of the agreement.
NOTE: If the ENG�NEER determined in the course of making design dravvings
and specifications that the opinions of probable cost of $539,937.20 (as
estirnated on E�ibit "B-3"} v�ill be exceeded, whether by change in scope
of the project, increased cost ar other conditions, the ENGINEER shali
irt�mediately re}�ort such fact to the City's Director of the Department of
Engineer anci, if so instt-ucted by Director of the Engineering Department,
shall suspend all work hereunder.
EB-1(1)
EXHIBIT "B-2"
(SUPPLEMENT TD ATTACHMENT B)
DES[GN FEE C�ST SUMMARY
@
Water and Sanitary Sewer Impro�ements Contract 2001 WSM-N
Water Project No. PW53-060�3Q'{76380
5�wer Pro3ect No. PS58-a70�80175754
�OE No. 3599
Phase
I — Design 5ervices
Scope of Services
Pipe Replacement
Proposed MIVIIB� Subcansuitant
Daf-Tech Engineerir�g, (nc.
Fee MIWBE
$67,505.57 $21,400.Od
Services Fees
Design 5urv�ys $21,400,0�
%
31.7%
% of Contract
31.7%
EB-2(1}
0
�XHf�IT "B-2A°,
{SUPPLEMENT TO ATTACHMENT B)
SUMMARY OF DESIGN FEES
Water and Sanitiary Sewer Impro�emenis Contrac� �001 WSM-N
Water Project Na. PW53-D60�3017838�
5ewer Praject No. P5�8-0�0�8U975750
DOE No. 3�99
February 26, 2002
Mr. Tor�y 5holola, P.E.
Consultant S�rvices Division
Department af Engineeri�g
City of Fort Warth
'f 004 Thrackmortor� St.
�'ort Worth, Texas 76102-�3'i 1
Reference: Water and 5anitary Sewer Improvemenis Confracf W5M-N
(Water and Sewer Impro��ments) D.O.E. No. 3�99
Dear Mr. Sho1ola:
We ap�reciate the opportunity ta present this propasal fo� your consicieratian.
We �ropose to complete �he praposed work in accordance v+�ith the ��Ifowing fee schedule.
Estimated Construction Costs for All Lines =$b39,937.2Q
Basic Engineering �'ee based on % of construction (T.S.P.E. Curve %) x 85%
T.S.P.E, Gurve % x 85% x Estimat�d Construction Cost = Basic Design Fee
8.30% x 85 % x $539,9�7.20 = $38,092.57
EB-2A(1)
Special Services
Basic Design Fee
Desigr� 5urveys
Public Meetings
Sub-Consultant Fee
Construction Services
Reprod�ctior�s*
20 se�s, Prelim. Plans {Utility Clearance)
45 S�ts of Construction Plans
45 Sets of Specificatians ($30 each)
Mounted Exhibits
Miscellaneaus Printing (6 s�ts, other misc.)
* Estimated total of 15 sheets,
TOTAL LUMP 5UM
(Water Cost: $33,077.73; Sewe� Cost: $34,427.84)
$6i,�0�.��'
We will be using DAL-TECH ENGINEERING, INC, for survsy work. This wili res�lt in a 31.i%
($21,400.00) portion of the contract that will be pertormed by an approv�d MIWBE firm that will
excesd the #arget of 30.0%.
If you have any questians or require additianal informafian, please give me a ca{I.
Sinc�rely,
Ned K. Burleson, P.E.
President
Tota{ $6'f,492.5i
$ 38,092.57
$ 21,400.OD
� �,00a.ao
$ '1,OD0.00
Total $ 2,500.00
Total $ 3,5'13.00
$ 45D.00
$ 1,(}12.00
� �,��o.oa
$ 500.�Q
� Zao.00
EB-2A(2}
�.XHIBIT "B-�"
(SUPPLEMENT TO ATTACHMENT B}
I PAY . .
� l7E{� Q7Y• UNITS
� �
� �
I 3
� 4
I 5
I s
I 7
IB
� 9
� i0
sa LF
3293 LF
607 LF
a EA.
4 EA.
4 EA.
6 EA.
2 EA.
5Q EA.
1221 LF
m
12
ENGINEER'S OPINION OF PROBABLE CONSTRUCTIQN COST
Wa4er and Sanitary S�wer Impruvements Contract �OU1 WSM-N
Waicer Projec� Na. PW53-060�30'f iB380
Sewer Projecfi No. PS�8-(3i05�017�7�D
DO� No. 3599
WATER R�PLAG�MENT
DESCRlPTION OF RAY ITEMS
6" PVC Water Line
8" PVC Water �ine
8" Class 51 a.I.P. Water Line
Remove and Salvage Exist. �ire Hydrant
Standard Fire Hydrant (3'-6" Bury}
6" Gate Valve with C.I. Bax and Lid
8" Gate Valve wlth C.I. Box and Lld
8" Pressure Plane Va1ve (closed gate valve)
Furnish and Set Class B Meter Boxes _
1 1!2" Capper Water 5ervice Line Replacement (rom Meter to Main
UNIT COS7
$2a.flo
�2a.aa
$33.��
$440.D0
$2,aoo,00
$500.00
$fi0�.00
$600.00
� $zao:oa
$20.D0
�
7o7pL �
��zo.oaj
$sz,zoa.00j
$20,a31.a01
$1,640.40�
$B4Od0.00
$2,OOQ.�O
$3,600.00
$1,200.04
$9 6,QOd.00
$24,42d.00
50 EA. 1 112" Water 5ervice Tap, Saddle, Stop & Fittings from Service to Maln
10 LF 314" Copper Water 5ervice Line Replacement from Meter to Property l.ine
� 13 1 Lump Furnish and Lay 2" Pipe and Filtings for.7emp, Water Seruice
5um Cannections
I 14 4 Tons C,I,ID,I. Fittings
I 15 100 LF Trench 5afefy Frograrn .
I 16 4000 LF 2" Asphalt Temporary Pavement Repair
� 47 12 EA. Conc. CoNars for Gate Valves
I 18 50 LF Cone. Curb and Gutter Repfacement
�� 9 1 DQ LF Grass 5odding
5ubtotaf - Water
10% Contingenay
Total - Water �
$350.00 $17,5flfl.00
$10.00 $1�[}.6D1
�
$t5,00a.ao $15,OQ0.001
$3,000.00 $12,OQ0.00
$z_oo $zoo.aa
$7.00 $za,000.aal
$tioo.00 $i,aao.00l
$30.00 $1,SOO.Ofl�
$12.�R 1200.fl0�
$240,475.001
�24.047501
�I
$264,522.6D I
,
EB-3(1}
PAY
IiEM
1
2
3
4
S
6
7
8
9
10
11
12
13
14
95
16
17
i8
18
24
l
�
I
�
QTY• IJfVITS
981 LF
8S3 LF'
1026 L.F
3�0 LF
5 EA.
8 EA.
q4 EA.
34 EA.
78a LF
8 EA.
8 EA.
4 TONS
104 LF
1 B0� LF
B EA.
1 D26 LF
2$82 LF
250 SY
164 LF
100 LF
# 3699 SANI7ARY S�CINER REPLACEMENT
DESCRIP710N OF PAY ITEMS
8" 5DR-35 PVC 5S (ALL DEPTHSj
$" Class 51 Q,I.P, S5 (OPEN CUT)
e" N�PE PVC 55 (by 6" to 8" Pipe Enlargement Method)
Sewer Line Sag Adjuslment for Pipe Enlargement
Remove Exist. Ma�hole
5tandard 4' Dia. Manhale
4' Service Reconnect
Reinstate San Swr. Service for pipe enkargement
4" 5ewer Lakeral
Wakertight Gasketad MH Inserts
Cancrete CalEar around SSMH
CasE IranlDuctile Iron Fittings
Trench Safety Program {Oepth. Greaterthan 5')
2" Asphalt Temp. Pavement Repair
Vacuum Testing o6 SS Manhofas
Pre-Construction 7V
Past-Constructlon TV Inspectlon
Remove and Replace 6" Conc, Driveway
Conc_ Curh and Gutter Replacement
Grass 5oddi�g
Suhtotal - Sewer
10 °r6 Contingency
Tota! - 5ewer
t1NIT C05T
$3�}.00
$44.fl0
$5�.00
$40.p0
$456.a0
$2,0OO.OQ
$4�OA0
$450.�D
$24.00
$1oo.ao
$25a.aa
�s,aoa.oa
$2.00
$7.4D
$200.Ofl
$3.00
$1.50
$� S.OQ
$so.oa
$12,00
TOTAL �
1
�33,354.Ofl�
$37,532.00�
$61,30a.00�
$, �,000,00�
$2,25d.40�
$'i 6,OOO.aO�
$17,BQ4.00j
$15,3�0.00�
$18,720.00j
�aoo.00j
$z,000.00j
$i z,000.oal
�Zoo.00l
$12,600.00�
$1,600.00�
$3,�78.00�
$ 4,293.00
$3,7sa.aoj
$4,sao.oa1
9�,2�4•0��
�250,377.00
$25.037.70
1
$Z75,414,741
TQTAL WATER AND SEWER ESTIMATED CONSTRUCTION COST =$�39,937.�0
EB-3(2)
ATTACHMENT C
CHANG�S AND AMENDMENTS TO SiANDARD AGREEM�NT AND Ai"TACHMENT A
Water and Sanitary Sewer Re}�lacement Cantract 2001, WSM-N
D.�.E. No. 3599
NONE
C-1
TASK DESCRIPf10N
N ca
an rnd Su�vey
awCaneaat Deslan
PteIIfiI�IV Oe�aa
�� ��
�
�re fer AdiaerY�sorna,d
Advertlee
Awarcl
TASK OESCRIRil4N
�on 3 hccephhn�o
• Number
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2Q� 7 warldnq mondi
��o,��� �fl
Vllaler��`er � o o,�T�s
vusn�-N
waoer ProjqFt
Sewer ProjeG No. PS6 8-0706 8 01 76/
i]OE 3599
� i --- -- T_�.��
rnaEerEo
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�
EXHIBIT E
WATER ANQ SANITARY SEWER REPLACEMENT
GONTRACT 2001 WSM—N
WATER PROJECT No. PW53-06�53017fi380
SEWER PRO,IECT No. PS58-070580175750
��i-`- :'�LI) K. ��I�L�`��N � ���SOC�'A�`ES, IAT+�
���`�� '-�. ... C41r1'S`ULTIIN'� �'.11��1.��`�'R5
}` '_= 2�65 B. lAOP 820 N„ Hi.DC. 12 e FORT R�RTE. TEI(�3 7813.8 � 817-690-BB00
; ,�I � � ! f DR. I
�� � , f � � E � 1 ,I - �
" ` � =' � � �y :�� M �
E ; 4 '� � ,,, E ;
I i I� � � I `�� Y f . r.� � I1
i � �r �
�
LE�END
�- '
� --��
� �
k�
�H
I
PROP�SED 6" WATER ��€VE
PROP. 55 (OPEN CUT) �
PR�P. SAN. SWR. (MOTOC) ,
EX. 55 T� REMAIN AS 15 �
�X. WATER TO REMAIN A5 1S
REPLACE FIRE HYDRANT
�'i�y of '�o�i �YYo�h� �'�rcas
���r ��d ��+�n��� ����c�rf��a����
OATE REF'�RENCE NLJMBER � L.OG NAME 3QNED � PAG� � Of Z
3119102 ��c_�9oo1
SUBJECT APPROPRIATlON 4RDINANCE AND ENGINEERING AGREEI�ENT WlTH NED K.
BURLESON & AS50CIATES, INC. FQR WATER AND SANiTARY SEWER
REPLACEMENT CONTRACT 20�'� WSM-N
RECOMMENDATION:
It is �ecommended that ihe Ciiy Council:
Authorize the trar�sfer of $70,505.57 from tne Water and Sewer Fund to #he Water Capital Project
Fund in the amount of �34,4i7.73, and the Sewer Capita! Project Fund in the amount o�
$36,027.84; and
2. Adopk the attached appropriation ordinance inereasing estimated receipts and appropriataons in the
Water Capital Project Fund in #he amount af $34,477.73, and #1�e Sewer Capitai Project Fu�d in the
amount af $36,027.84 from available funds; and
3. Authorize the City Manager ta execute an engir�eering agr�ement with Ned K. Burlesan &
Associates, Inc. in the amoUnt af $67,505.57 tor Water and 5anitary 5ewer Replacement Contac#
2D�1 WSM-N.
DISCUSSION:
This project consists of the preparatior� of �lans artd sp�cifications fior ►,vater andlar sanita.ry sewer main
replacement as indicated or� the following streets;
Street
From
To
West 4th Street
West 5th Street
West sth Street
Virginia Place
Westview Avenue
Westview Avenue
Westview Avenue
West�iew Avenue
West 5th Street
West 7th Street
Bel[e Place (waterlsewer)
Be11e Place (water}
Belle Piace (wateNsewer)
West 6th Street (water)
West 4th 5treet (waterlsewer)
Ned K. Burlesan & Associates, Inc. proposes ta perform #he design work for a lump sum fee af
$67,505.57. City staff considers this fee to be fai� artd �-easanable for the scope of services proposed.
MIWBE - Ned K. Bu�feson & Assaciates, Inc. 9s in eompliance with fhe Cifiy's MIWBE Ordinance by '�
cammitting to 32% MIWBE pariicipation. The City's goal an this praject is 34%.
This pro�ect is located in C�UNCI�. DISTRICT 7, Mapsca 61Z, 75C, and 75D.
In addition to the contrac# amaunt, $3,DDa (water: $1,400, sewer: �1,600) is required far project
management by tF�e Engineering Department.
C'ity o�.�a�t �orih, T'exas�
���1� ��� ��1�1��1� �[�����1��1t1��
C)AT� FtEFER�NCE N[�MB�F� I LOG NAME 3aNED ���G� 2 of 2
3119IO2 **��� ��Q� �
SUBJECT APPROPR�ATI�N ORD[IVANCE AND ENGINEER[NG AGREEMENT WITH NED K.
BURLES�N & AS50CIATES, lNC. FOR WATER AND SANITARY SEWER
REPLACEMENT C�NTRACT 2001 WSM-N
FESCAL 1NFORMATCQNfGERTIFfCATION:
The Finance Direc#or certifies that upo� appro�al and compfetion of recammendation No. 1, and
adoption af the attached appropriatior� ord�nance, fu�ds will be available in the current capital budgets,
as apprapriated, of the Water and Sewer Capital P�oject Funds.
BG:l�
Submitted for City Maoager's
Offire by:
Bridgette Garrett/AcEing
Originating Department Head:
Dauglas Rademaker
AclditionalInformation CanEact:
II Douglas Rademalcer
]�7JND
� (to)
� '{8�2) F'W53
5140 � 1&2) PW58
2} PW53
� 2) PW53
� 2) PS5B
� 2) P558
6157 � (from)
3) PVV53
3) P558
1) P�45
6157 1) PE45
ACCOUNT I CEN"C�R _ I AMOUivT �
472Q45 ' 0605301763B� $34,477.73 �
472b45 O7Q580175750 $36,027.84 1
531200 060530'E 76380 $33, 077.i3 1
531350 030530'ii6380 $ 1,400.04 �
531200 Q7Q580175750 $34,427.84 l
53'{350 �30580175760 $ 1,640.00 �
53120Q 0&6530178380
531200 07D58�17575Q
53$b7D Ofi09020
538D7D 0709�2�
$33,077.73 �
$34,427.84
$34,477,73 �
$3s,o��.sa �
CITY S�CRE'�ARY
APPRQVED 031�9/02
ORD.# 15028