HomeMy WebLinkAboutContract 28226 (2)C�TY OF FORT 11VORTH, TEXAS ���� ���������
GON�FYAC� �� � � � T �
STANDARD AGREEMENT FOR E�IGINEERING SERVlCES
This AGREEMENT is befween the City of Fort Worth (the "C1TY"y, and Carier & Burgass, fnc., (the
"ENGINEER"}, for a PRQJ�CT generally described as: Relocation af approximately 1,700 linear feet of
54" Sanitary Sewer Mains �M-272�) and (M-15R) in an area bo�nded by Fores# Park Baulevard, the
Clear Fork crf the Trinity f2iver, Hend�rson Street and old Valley Street in the Cenfral Susiness District of
Fart Worth, Texas.
Article 1
�cope of 5ervices
A. The Scope af Services is set farth i� Attachment A.
Article 11
Compensation
A. Tf�e �NGINEER's campensatio� is set forth in Attachment B.
�erticEe IEI
�erms of Paymer�t
Payrnents to the ENGIN�ER will be made as follows:
A. [nvaice and �ayment
(1) The �ngineer shall provid� the City sufficient documentation to reasonably
substantiate the in�aices.
(2) Monthfy in�oices will be issued by the ENGINEER for all work perFormed under
this AGREEMENT. invoices are due and payable within 3D days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be d�e within 30 days of receipt of the final invaice.
(4) In the event o� a disputed ar contested billing, Oflly tl1�t Pp�l�f{ 5� COf1tB5k�CI WIII
be rivithheld frarn payment, and the undisputed �ortian will be paid. The CITY will
exercise reasanableness in cantesting any bill or portion thereof. No interest wil!
accrue on any cantested portion of tY�e billing until mutually resolved.
(5) If the CITY fails ka make payment En fufl to �NGINE�R far billings conkeste� in
good faith within 60 days of the amaUnt due, the ENGINL�ER may, aft�r giving
se�en (7) days' written notice to CfTY, suspend services vnder this
AGR�EMENT until paid in fukE, including interes#. In the event of suspension af
services, the ENGINEER shall have �n liability to CIiY for delays or damages
caused the CITY because of such suspensian af services.
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Article i1!
Qbligations of tha �ngineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The �NGIN�ER will serve as the Cf7Y's professional engineering representative under tnis
Agr�ernent, providing prc�fessionaE engineerf�g consultation and adviee and furnishing customary �
services incidental thereto. ' �
�. �tandard of Care
The standard af care applicab�e to the ENGIN�ER's services wiil be the degree of skill and
diligence norrnally empioyed in the 5tate of Texas by prof�ssional �ngine�rs or consultan#s
perFarming the same or similar services at i�e time such services are performed.
C. 5ubsurtace investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as speci�l surveys, tests, #est borings, or other subsurface
invesiigatians in connection with design artd engineering work to be �erformed
hereunder. The ENGINEER shall also ad�ise the CITY concerning the results af
same. Such surveys, tests, and investigations shall be furnished by kF�e CITY ,
un�ess otherwise specified in Attachment A.
(2) In sails, foundation, groundwater, and other subsurface in�estigations, the actual
characteristics may vary significantly 6etween suecessive test points and sample
intervals and at focations other than where observations, exploratian, and
investigatians ha�e been made. Because of the inherent uncertainties ln
subsurface evaluations, changed or unanticipated unctergrouncf cond9tions may
occur that could affect th� tota( PROJECT cost andlor ex�cution. These
eanditions and castJexecution effects are not the responsibility of the
�NGINEER.
D, Preparation afi �ngineering �rawings
The ENGlNEER will pravide to the CITY the original drawings of ail plans in ink on reproducible
plastic film sn�ets, or as otherwfse appro�ed by CITY , which sF�all become the prope�ty of the
CI7Y. CI7Y may use such drawings in any rnanner it dssires; provided, however, that the
ENGINE�R �hall nat be liable for fhe use of such drawings for any proj�ct other than the
PROJECT described herein. .
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�. �ngineer's F�ersonnel at Canstruc#ion Site
(1 } Tha presence or duti�s of th� ENGIN�ER's personnel at a constructian sike,
whether as on-site repr�sentati�es o� otherwise, do not make the �NGINEER or
its personnel in any way responsihle for those du#ies that belong to fhe CITY
andlor the CITY's consfruction cantractors �r other entities, and da not relieve the
' construction coniractoTs ar any other eniity of their obligations, duties, and
responsibilities, including, but not limited to, a{I canstruction methods, means,
techniques, sequences, and procedures necessary for coordinating and
campleking all portions of the canstruction work in accordance with the Contract
Documents and any heaith or saf�ky precautians required by sUch construction
work. 7he ENGiN�ER and its personnel have no autharity ta exereis� any
cQntrol a�er any construction cnntractor or other entity or their emplo�ees in
connection with tneir work or any health or safety precautions.
(2} Except ta the exient of specific site visits expressly detai�ed and set forth in
Attachment� A, t�e �NGIN�ER or its personnel shall ha�e no . ok�ligation ar
respansi6ility ta visit the canstruction site to 6ecome familiar with the progress ar
quality of the compfeted work on the PRO.IECT ar to determine, in �eneral, if the
work on the PR�JECT is being performed in a manner indicating that the
PROJ�CT, when cgmpleked, will be in accardance with the Contract Documents,
nor shail any#h9ng in the Contract oocuments or the agreement t�etween CfTY
a�d �NGIN�ER be construed as requiring ENGIN��R to make exhaustive or
continuous on-sike inspections to discover fatent defects in the work ar otherwise
check the quality or quantity of the work on the PRDJECT. If, far any reason, the
�NGINEER should maice an on-site observation{s), on #F�e bas9s of such an-site
obs�rvations, if any, the �NGINEER shall endeavrsr to keep the CITY informed of
any deviation from the Contract f�ocurnents coming to the actual natice of
ENGINEER regarding the PROJECT.
(3) When professiana� cerkification of perFormance or characteristics af m�terials,
systems or equipment is reasonably �-equir�d to perform the services set forkh in
the Scope of Services, the �NGINEER shall be entitled tn rely upon such
ceriifieation to Bstablish maierials, systems or equipment and performance
criteria fo be required in the Contract Documents.
F. Opinians of Probable Cost, Financaal Considerations, and 5chedufes
(1 } The ENGINEER shall provide apinions of prabable costs based on tF�e current
available iRformatian at the time af preparation, in accordance with Attachment A.
(2) In providing opinions of cost, fnancial analyses, economic feasibility projections,
and schedules for the PROJLCT, the ENGINEER has no control over cost ar
price of labor and materials; unknown or laten# conditions af existi�g equipment
or struciures that may afFect operation or maintenance costs; competi#ive bidding
procedures and market conditions, time or qualify of performanc� by third parties;
quality, type, managemeni, or direction of operating personnel; and other
economic and operational factors that may ma#erially afFect the u�timate
PROJECT cost or schedule. iherefore, the ENGWE�E��a���ses�natnr.�r�!�t� t�at
the CITY's actual PROJECT costs, financial aspect�, �'�s�i,u�ll�:���f��}#fty, �ar
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schedules will not vary frorrt th� ENGlN�ER's opinions, analyses, projections, ar
estimates.
G. Constructian Progress �ayments
Recomrnendatlons by the EfVGINEER to the C1TY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
informatian, and belief from sefective sampling and observation that the wark has
progressed to the point indicated. Such recommendatians do not represent that
continuous or detailed examinations have been made by the ENG[N�ER #o ascertain that
the construction contractor has cornpieted the work in exact aceordance with the Contract
Documenks; that the final work will be acceptable in all respects; that the ENGINE�R has
made an examination to ascertain how ar for what purpose the construction contractor
has used the moneys paid; that title to any of khe work, materials, or equipment ha�
passed to the CITY free and clear of liens, claims, security interests, or encum�rances, or
khat there are not other mafters a# issue between the CIiY and the constructian
contrac#ar that afFect the amount that should be paicf.
W. Recard Drawings
Record drawings, if required, will he prepared, in part, on the basis of information
compiled and furnished by o#hers, and may not always represent the exact lacation, type
of various components, or exact manner in which the PR�J�CT was finally construc#ed.
The �NGINEER is not responsible for any errors or amissions in the informatian fram
others that is incorparated into the record drawings.
I. Minority and ldllornan Businass �nEerprise (NiNVB�) participation
In aceord with City af Fort Worth Ordinance No.13471, as amended by Ordinance 13781,
the City has goals far the partici�ation of minarity business enterprises and woman
business enterprises in City contracts. Engineer acknowledges the MlWBE goal
established for this conkract and its commitment ta meet that goal, Any misrepresentation
of �acts (o#h�r #han a negligent misrepresentatian) andJor the comrnissian of fraud by the
Engineer may result in the termination of thls agreement and debarrr�ent frorn
participating in City contracts for a period of time af not less than three (3} years.
J. Right to Audit
(1) ENGfNEER agrees that the C[TY shall, until the expiration of three (3] years after
final payment under this contract, have a�cess ta and the rignt to examine and
phaiocopy any directly pertinent books, documents, papers and records of the
ENG[NEER involving transactions relating to this contract. �NGINEER agrees
that the CITY shall ha�e access du�-ing normal working hours ta all necessary
�NGINEER facifities and shall be provided adequate and apprapriate work space
in order to conduct audits in compliance with the provisi�ns of this sectian. The
CITY shall give �NGINEER reasonable ad�ance notice of ir�tended audits.
(2) ENGINEER further agrees ko include i� all its subc��s�lt�nt �ar,����r�i�
hereunder a pro�ision to the effect that the subcor��ul�,q����r�,e��i�a�ir��ia+��TY
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shall, until the expiration of three (3} years after finai payment �nder the
subcontract, have access to and the right to exami�e and photocopy any directly
pertinent books, docume�ts, papers and records of such subconsultant, in�olving
transactions to the su�contrac#, and further, tha# the GTY shall have access
during normal working hours ta a!I subconsultant facilities, and shall be provided
adequate ar�d appropriate work space, in arder to conduct audits in complianca
with the provisions af this article together with subsection (3)hereof. CITY shall
give subconsultant reasona6le advance notice of in#ended audits. �
{3) ENGINEER and subconsultant agree to phota capy such dacuments as may be
requested by the CITY .The CITY agrees to reimburse ENGINEER for the cost of
cdpies at the raie published in the Texas Administrative Cocfe in ef�ect as of #he
time copying is pertarmed.
K. ENGIWEER's Insurance
(1) lnsurance coverage and limits:
�NGIN��R shall provide to the City certificate(s} of insurance �ocumenting
policies ot the following coverage at minimum liEnits which are to be in effect priar
to cammencement of r�vnrk on the PROJEC7:
Gommercial Generai Liability $1,000,000 each occurrence $1,000,000 aggregaie
Automobile l.iability �
$1,000,000 each accident {or reasonably equivalent lirnits of coverage if written
on a split limits basis). Co�erag� sna[I be on any �ehicle used in the caurs� of
the PROJEC�'.
Worker's Campensation
Coverage A: sfatutory limiis
Co�erage B: $10Q,000 each accideni $500,000 disease -policy limit
$'f 04,000 dis�ase -each employee
Professionai Liability
$1,OQ0,000 each claim/annuaf aggregate
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required �nsurance shall be delivered to the CITY prior ta �NGIN�ER proceeding wiih #he
PROJECT.
(a) Applicable palicies shall �e �ndorsed to name the CITY an Addikional
Insured thereon, as its interests may appear. The term CITY shali
include its ernployees, officer5, offcials, agents, and volunteers as
respects the cantracted services.
(b) Ce�tificate(s) of insurance shall documen# that insurance caverages
specified accarding to iterns section K.(1 } and K.{2) of this agreement are
provided under appiicable policies dacumented �er��n - __
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{c} Any failure or� part of t�e CITY to reguest required insurance
documentation shall �ot constituie a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation, non-renewa! or
material ehange in ca�erage shall be provided to the CITY. A ten �10)
days notEce shali be acceptable in the e�ent of non- payment of
premium. 5uch terms shall be endorsed onto ENGINE�R's insurance
policies. Notice shall be senk to the respecti�e Department Director (by
r�ame), City of Fort Warth, 1000 7hrockmorton, �ort Wortn, iexas 76102.
(e} Insurers for all po�icies must be authorized to do business in the state of
Texas or be otherwise approved by the C1TY; and, such insurers shall be
acceptable ta #he CITY in terms of their financial strengt� and solvency.
(f) Deductible limits, or self insured retentions, affecting insurance required
herein may be acceptable to tl�e CITY at its sole discretion; and, in lieu of
tradi#ional insurance, any alternati�e coverage maintained thraugh
insurance pools or risk r�tention graups must be also approved.
Dedicated financiaf resources or I�tters of credit may also be accepta�le
to the City .
(g) ApplicabEe policies shall each be endorsed with a waiver of subrogation
in favor of the Cl7Y as respects t�e pR�J�CT,
(h) The City shall be entitled, upon its request and withaut incurring
expense, to re�iew the ENGINEER's insurance policies incEuding
endorsements thereto and, at the CITY's discretion, #he ENGINEER may
be required to provide proof af insuranc� premiurn payments.
{I} ihe Cammercial General Liability insurance policy shall ha�e no
exclusions by endorsements uniess such are appraved by the CITY.
(j) ihe F'rofessional Liability insurance po�icy, if written on a claims made
basis shall be maintainad by the �NGIN�ER for a minimum twa {2) year
period subsequent to the term of the respecflve PROJECT contract with
the C1TY unless such coverage is provided the ENGINE�R on an
occurrence basis.
(!c) Ti�e CITY sha�l not be responsible for the direct payment of any
insurance premiums �equired by this agreement. lt is und�rstood that
insurance cost is an allowable component af ENGiN�ER'� overhead.
(I) All insurance required in s�ction K. i except far the Professianal Liability
insurance policy, shall be written on an occurrence basis in order to be
appro�red by khe CITY.
{m) Subconsuitants to the ENG{NEER shall be requir�d by khe ENGW��R
to maintain the same ar reasonably equivalent ir�s�r�n,c,�.c�.�a��� �€
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required for the ENGIN�ER. When insurance coverage is maintained by
subconsultants, �NGIN�ER shall provide CIiY witn documentatian
thereof on a cerkificate of insurance. Notwithstanding anyEhing to t�e
cantrary contained herein, in the e�ent a s�bconsultant's insurance
co�erage is canceEed or terminated, such cancellation or termination
shall not constitute a breach by ENGW�ER of the Agreement.
L. Independent Cansultant
The ENGIN�ER agrees to perForm all services as an independent consultant and not as
a subcontractor, agent, or employee of the CITY.
IW. Disc[osure
The ENGINEER acknowledges ko the CITY that it has made full disclosuTe in writing of
any existing conflicts of interest or �ot�ntial conflicts of interest, including personal
financial interest, direct or indirect, in property abutting the proposed PROJECT and
business relationships with abukting property cities. The �NG1N��R further '
acknowled�es that it will make disclosure in writing of any conflicts of interest which
develop subsequent ta the signing of this cantract and prior to final payment under the
contract.
N. Asbestos or Hazardous 5ubstances
{1) If asbestos or hazardbus substances in any form are encountered or suspected,
the ENGINE�R wlll stop its own work in the affect�d portions ofi the PROJECT to
permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspecfed, the �NGINEER wiil, if
requested, assist the CITY in ab#aining the services of a qua[ified. subcontractor
to rrjanage the remediation activities of the PROJECT.
0. �ermitting Authorities -�esign Changes �
If perrr�itting authar9ties require design changes so as to comply wit� published design
criteria andlor current engineering practice standards wF�ich the ENGINEER should have
been aware of at the #ime this Agreerr�ent was executed, the ENGINEER shall re�ise
plans and specificatians, as required, at iis own cost and expense. Howe�er, if design
changes are required due to the cha�ges in the permitting authorities' publEshed design
criteria andlor practice standards criterEa which are published after the date of this
Agreement which fh� ENGINE�R could not have been reasonably aware of, the
ENGIN�ER shall notify #he CITY of sucn changes and an adjustment in compensation
will be rnade thraugh an amendment to this AGREEMENT.
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Article V
Obligations of the City
Amendrrients ta Article V, if any, are included in Attachment C.
A. City-Furnished �ata
The CiTY will make available fo the Ef�GINEER all technical data in the CITY's
possession relati�g to the ENGINEER's services on the PROJ�CT. The ENGINEER may
rely upon the accuracy, timeiiness, and cnmpleteness of the information prov9ded by the
C1TY.
�. Access to �acilities and Property
Th� CITY wili make its facilities accessible ko the �NGIN��R as requirec� far the
�NGlNEER's performance af its services and will pro�ide labor and safety equipment as
required by the �NGW EER for such. access. The CITY will perForm, at no cost to the
ENGINEER, such tests of �quipment, machinery, pFpelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's seNiees. The
CITY will be responsibie for all acts of the CITY's persannel.
C. Ad�ertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY wili abtain, arrange, and
pay for all edvertisements for bids; permits and ]icens�s required by local, state, or
federal authorities; and land, easements, rights-of-way, and access necessary for the
ENGWEEa's services or PROJECT constructian.
�. iimely �e�iew
The CITY wi[f examine the ENGINEER's st�dies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain ad�ice of an attorney. ins�rance
counselar, aceountant, audi#or, bond and finaneial advisors, and other consultants as ihe
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
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�. Prompt Plotice
The CITY will give prompt written natice to tl�e EtVGINEER whenever CITY obserries or
be�omes aware of any development that affeets the scope or timing of the ENGINEER's
services or of any defect in the worfc af the �NGINEER or construction contractors.
F. Asbestns or Ha�ardeus Substances and indemnifiicaiian
(1) To the maximum extent p�rmitted by law, the CITY will indemnify and rel�ase
ENGINEER and its officers, empfoyees, and subcontractars from afE �lai�r,1�,
damages, losses, and costs, including, but nat ��mit�.,t.Qr� a�Q�;�Itrp'�' ��s�and
litigation expenses arising out af or relating to tk�e,pres��r�e, dfs�ct�ar��, r�lease,
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or escape of hazardous substances, cantaminants, or asbestos an or from the
PRO.]ECT. Nothing cantained herein shall be const�ued to require the CITY ko
levy, assess or collect any tax to fund this indernnification.
{2) 7he indemnification and release required above shall not apply in the event the
discharge, releas� or escape of hazard�us substances, contaminants, or
asbestos is a result of ENGINE�R'S negligenee or if such hazardous substance,
contaminan# or asbestas is brought onto the PROJECT by �NGINEER.
C. Contractor Indemnification and C[aims
7he CITY agr�es to include in all construction contracts the provisions of Article IV.E.
regarding the ENGIN�ER's Personnel ak Construction Site, and pro�isions providing
contractor indemniffca#ian af the C1TY and the ENGINEER for contractor's negligence.
W. Contractor Claims anc[ Yhird�l'arty �eneficiaries
(1 } The CITY agrees to include the following clause in all cantrac#s wi#h canstruction
contrsctars and equipment or materials suppliers:
"Contractors, subcontractars snd equi�ment and materials
suppliers on the PROJECT, or their sureties, sF�all maintain no direct action
against the �NGINEER, its nfficers, employees, and subcontractors, for any
claim arising out nf, in connectian with, or resulting from the engineering services
performed. Onfy the CITY r+vill �e the beneficiary of any undertaking by the
ENGINE�R."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and
the ENGINEER and there are na third-pa�ty benefieiaries.
(3) The GITY will include in each agreement it enters i�to with any at�er entity or
person regarding the PROJ�Ci a pravisian khat such entity or person shall have
no third-party beneficiary rights under this Agreement.
(�k) Nothing contained in this section V.H. shall be construed as a waiver of any right
the CiTY has to bring a claim against ENGINEER_ .
1. CIiY's Insurance
(1 } The CITY may maintain prope�ty insurance on certain pre-existing structuTes
associated with the PROJECT.
(2} 7he CITY will ensure thai Builders Riskllnstallation insurance is maintained at the
repl�cement cost value af the PRO,]ECT. The CITY may pro�ide ENGINEER a
copy of the policy ar dacumentation of such an a certificate of insurance.
(3) The CITY will s�ecify that the Builders Riskllnsta�Eatian insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
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J. Litigation Assistance
The Scnpe of Services does not 9nclude cosks of the ENGWEER for required or
requested assistance to suppart, prepare, document, bring, defend, or assist in litigation
undertaken ar defended by the CITY. In the event CITY requests such services of the
ENGiI�EER, this AGREEM�NT shall be amended or a separate agre�rrtent wili be
negotiated between the parties.
I�. Changes
The C1TY may make or approve changes within the general5cope of Services in this
AGR�EMENT. lf s�ch changes affect the ENGIN�ER's cost of ar time required for
performance of the services, an equ9tabie adjusiment witl be made through an
atnendment to this AGREEMENT with appropriate CfTY approval.
Article V1
General Legal Pro�isions
Amendments to Article VI, if any, are included in Attachment C.
R. Authorization to �roceed
�NGINEER shall be aUthorized ta praceed with this AGR�EMENT �apon receipt of a
written Notice to Proce�d from the CITY .
�. Reuse af Project Documents
All designs, drawings, s�ecifications, docurnents, and other worfc products ofi the
ENGINEER, whether in hard copy or in electronic farm, are instruments of service for this
PRO,lECT, whether the PROJ�CT is completed or not. Reuse, change, or alteration by
the CITY or by oti�ers acting through ar on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will b� at the CITY's sole risk.
The final designs, drawings, specificaiions and documents shal� be owned by the CITY.
C. �orce I�ajeure
The ENGI�IEER is not responsible for damages or delay in perforrnance caused by acts
of God, stri[ces, lockou#s, aecidents, or other �ver�ts beyond the control af the
ENGINEER,
p. iermination
(1 } This AGREEM�NT may be terminated only by the City for conver�i�nce on 3fl
days' written notice. 7his AGREEMENT may be terminated by either the CITY or
the ENGINEER for cause if either party fails substantially ta perform through no
fault of the other and does not commence corr�ction of such nonperFarrr�ance
w9th five {5} days of wriften not9ce and diligently complete the corre_r.tinn
thereafter.
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(2) If this AGREEMENT is terminated for the canvenience of the City, th�
�NGINEER will be paid for termination expenses as follows:
a) Cost of reproduction of partiaf or complete siudies, plans, specifica#ior�s
or other forms af ENGiN��R'S wark praduct;
b) Out-of-pocket expenses fior purchasing storage contai�ers, microfilm,
electronic data files, and other data storage supplies or services;.
c} The time requirements fo� the �NGINEER'S persannel to document th�
work underway at the time the CITY'S iermination for eanrrenience so
that #he work effort is suitable for long time storage.
(3) Prior to proceeding wikh terminatian services, #he ENGI�3EER will submit ka the
CITY an itemized statement af all t�rmination expenses. The CITY'S appro�al will
• be obtai�ed in writing priar to proceeding with terminakior� servic�s.
�. Suspensian, Delay, flr Interrupt'son to Wnrk
The CITY may sus�end, defay, or interrupt the services af the ENGIN�ER for the
convenience of the CITY. In the �vent of such suspension, delay, or interruptlon, an
equitable adjustment i� the PROJ�CT's schedule, commitment and cost of the
ENGIN�ER's personnel and subcontraeiors, and ENGINE�R's compensation will be
made.
�. Indemnification
(7j The ENGINEER agrees to indemnify and defend the CITYfirom any �oss, cost, or
expense claimed by third parties for pro�erty damage and bodily injury , incl�ding
death, caused solely by the negiigence or wilEful misconduct af khe ENGINEER,
its employees, officers, and subcon#ractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY {or a
persor� identified abo�e for whom each is Iiable) is a cause of such damage ar
injury, the loss, cost, ar expense shall be shared between the ENGINE�R and
the GITY in praportion ta th�ir relative degre�s of negl9gence ar willful misconduct
as determined pursuant to T.C.P. & R. Code, section 33.D1'S (4) (Vernon
Supplement 1996).
G. Assignm�nt
Neither party w�il assign a!1 or any �art of this AGRE�M�NT withaut the prinr written
consent of the other party.
H. Inierpretation
Limitatians on liability and indemr�ities i� this AGREEMENT are business undersiandings
be#ween the parties and shall apply to all the difFerent thearies af recov:�r��, ��c14�6ing
breach of contract or warranty, tort including negligence str,iQt,oK statut�►�:�,��ii�pE� yi ar any
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other cause of action, except for willful misconduct or gross negligence for limitations of
liability and sale neglige�ce for indemnification. Parties means the C�TY and the
ENGINEER, and their officers, employees, agents, and subcantraetors.
Jurisdiction
The law of the State af Texas shall govern the validity of this AGREEM�NT, its
interpretatian and performance, and any otner claims related ta ik. The venue for any
litigatian related to this AGREEMENT shall b� Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, dis��tes, and other matters in question b�#we�n the CiTY and
ENGINEER arising out of, or in connection with this Agreement or the PROJ�CT,
or any breach of at�y obligation or duty of CITY or ENGINEER hereunder, will be
submitted to mediatian. If inediation is unsuccessf�l, the clairn, dispute or other
matter ir� questian shall be submitted to arbitration if both partles acting
reasonabky agree that the amount of the disput� is likely to �e less than $50,000,
excluslve of attorney's fees, cosfs and �xpenses. Arbitration shalf be in
accordance with the Constr�ctian industry Arbi#ration Rules of the Am�rican
Arb+tration Association or other applicable rules of the Association then in effent.
Any award rendered by #he arbitrators iess than $50,000, exclusive of attorney's
fees, costs and expenses, will be final, judgment may be entered thereon in any �
court having jurisdiction, and will not be subject to appeal nr modification except
to the extent permitted by 5ections �0 and 11 of the Federal Arbitration Act (9
U.S.C. Sections 10 and 11).
(2} Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award shall
become final ninety {90) days fram the dake same is issued. lf litigation is filed by
either party witf�in said ninefy (90j day periad, the award shall become null and
vaid and shall not be used by either party for any purPose in the litigation.
K. Se�era�ility and Surv��al
If any of the provisions contained in this AGRE�MENT are held far any reason ta be
in�alid, illegal, or unenforceable in any respect, such in�alidify, illegafity, or
unenforceability will not affect any other provision, �nd this AGREEMENT shall be
construed as if suct� invalid, illegal, or uner�forceable pro�ision had never been containe�
herein. Articles V.F., VI.8., VI.D., VI�H., Vl.l., and VI.J. shall s�r�i�e termination of this
AGREEM�NT for ar�y cause.
�.. Ohserve and Comply
ENGiN��R shall at al[ times observe and comply with al� federa� and State laws and
regulations and wit� a!I City ordinance� and regulations which in any way affacf thls
AGR�EM�NT and the work hereunder, and shall observe ar�d comply with all orders,
laws ordinances and regu�ations which may exist or may be enacted later by governing
badies having jurisdiction or authority for such enactment. No plea of misunderstanding
or ignarance thereof shall be consRdered. ENGINEER agrees to defend, indemni�y and
hold harmless CITY and all of ifs officers, ag�r�ts and er�p�������fr6;� �r�tf �,�ii�rn�t all
12 of 13 n �
�
claims �r lia6i�ity arising out of the �ialatian of any such �rder, law, ordinance, or
regulation, whether if be by itself ar its emplayses.
Article VIC
Attachments, Scheduies, and SignaEures
This AGREEMENT, including its attachments and schedufes, canstitukes th� entire AGR�EM�NT,
supersedes all �rior writken or oral understandings, and may only be changed by a written amendment
executed by both parties. The follawing attachments and schedules are hereby made a par# of this
AGREEMENT;
Attachment A -Scope afi Services
Attachmenk B -Compensation
Attachment C-Amendments to Standard Agreement for Engineering Services
Attachment D -Prajeck Schedu[e
Attachme�t E —Proposed Conceptua! Allgnment
ATT�ST:
t/��%, ,!• � �
Gioria Pearsor���
City Secretary
� . . � F .�
Contract Authnrization
f
Date �
APPROVED A5 TO FDRM
AND LEGALITY
Assistant City Attorney
M391
13 of 13
r.rry n� �nRT wn+��H
� �:
arc A. O
Assistant �ity Manager
� �4,�� :
A. Douglas Rademaker, P.�.
�irector, Engineering Department
CARTER & 6URGESS, INC.
ENGINE�R
�, � �-!
f •$� - ` --'. , . �_
Thad B.�� +�f� A —
5enlor Vice President
€ _ _. _.. , ,
i •
, � �
� �.:� — �
��i���n���T ",�,�
SCOP� O� S�RVIC�S 70 B� PR4VID�D BY i�l� �NGIN��R AND
SURVEYOR
�elocation of approximately 1,7�0 linear feet o� 54" Sanitary Sewer Mains
tM-272B) and {M-15R} in an area bounded by �orest Park �oulevard, the
Clear �ork of the �rini#y River, Henderson Street and o�d Valley S#reet in
the Cenfral �usiness District�of �ort Worth, iexas.
DO� i�o, 37�5, PS'97'9 �6�171.14Q060
S�CilO� 1 � �ROJ�CT ��Fl�li�e�
Carter & Burgess, Inc. (C&B) understands ihis project to consist qf civil engine�ring ar�d
surveying services associated with the relocation of #he City of Fort Worth's 54" sanitary
sewer lines M�272B and M-15R. Proposed sanitary sewer main relocation includes
canstruction documents for ap}�roximately 1,2fi5 linear feet of new 54" sanitary sewer to be
instaiEed within an existing asphalt parking and vacant land adjacent to the Trinity River.
C&B will perform a route study f�or an additional appraximately 3,315 lir�ear feet of 54"
sanitary sewer — for a total af approximately 4,58D linear feet of new 54" sanitary sewer.
The project also includes canstruction dacuments f�r a�aproximately 350 linear fee# af 30"
sanitary sewer ancf 490 linear feet of 8" sanitary sewer. Abandonment of existing sanitary
sewer mains is also required. The project also includes ihe co�str�ic#ian ot 3 new j�nction .
structures and odor control improvernents for an exis#ing junctian structure on the M-439
main.
The msjority of the relocated M-272B line fal4s within an existing asphalt parking lot #Qr the
Tandy Center. A pa�ian of the new lin� cross�s a 60-foot wicfe cirainage slough - tributary
ta the Trinity Ri�er. The propased alignment wiEl follow the Clear Fork af the Trinity River
artd Forest Park after it crosses the drainage slough and wiEl terminate near Lancasker
Avenue. Due to the steep grades in this area this sectian of the sew�r line will be
constructed via means other than open cut. The proposed sectians that cross the drainage
slough and Farest Park shall alsa pe installed via means o#her than open cut.
The downstream connection to #he 54" lin� will b� at tf�e west sicie of tt�e Henderson Street
Bridge to connect fo a future stub-out that is being designed under separate cor�tract with
the City af �ort Wor�h. The upstream connection to the M-272B iine will be near Forest Park
and the Tri�ity River.
S�CYI�R� II o ��SI� ��8�� �� ���!ll���
Engineering and s�rveying services to be pro�ided are detailed as fiallows:
A. Survey Phase
Perform an-the-ground topographic survey as requir�d for design of sanitary
sewer. PerFarm on-the-ground topographic survey as required for design of
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propased waterline extensian along old Franl�lin Street R-O-W east of Taylor
Street and sauth alang Hous#on Sfreet. Existing aerial topographic
information will be used, supplemented with an on-the-graund survey for
design. Only a limited amount of tapagraphic survey warl� is includ�d for the
siudy phase portion of the project.
2. Staks six {6} bore f�ole locations for geatechnical in�estigations.
3. Research property ownership for areas beyond Tandy Center Parking Lots.
Determine locatian�of Hauston Street, Forest Park and Purcey Str�ets right-
af-way snd Franklir� Street right-of-way east of Taylor Street. Th'ts
infarmat�on is required for the proposed waterline design. IlVateriine design
to be performed under separate contract.
4. Prepare six (6) legal descriptions and exhibits for tfre prapas�d permanent
and temporary sanitary sewer and waterline easements.
B. Geotechnical Investigation Phase
1. Perform six (6) 25' +1- deep borings along propased sanitary sewer
alignment. Create boring logs to depict depti� and variations in saillrock
strata and presence of groundwater.
2. Prepare geotechnical report witF� recommendations for trench excavations,
trench shoring, cfewatering consid�rations, backflling recommendations and
design data far 25' deep cast-in-place manhole and junction bax struc#ures.
C. Archeological Investigation Phase
1. - Obtain Antiguities Permi# for arc}�eological investigations of area beiween
Trinity River and F'orest Park Baulevard, appraximately 55d lin�ar feet.
Sco}�e of work includ�s �xca�ation and backfill af trenc�es along proposed
alignment as necessary to prepare the report.
2. Prepare report baset! u�on findings, �u6mit report ta Texas Historical
Commission �or re�iew anc� approval.
D. Preliminary �esign Phase
Meet with City StafF to develop project scope and design parameters.
2. Prepare preliminary plan and profiie of proposed sanitary sewer alignment
fram clawnstream tie-in at the west side ofi the Her�derson S#reet Bridge to
Lancaster Avenue, appraximately 4,58D linear feet.
3. Meet with City of Fort Wor�h staff to apprave harizontal and vertical
alignments.
4. Pr�pare Engineer's estimate of Probal�le Construction Cost for propased
sani#ary sewer impra�ements.
E. Canstructian Documents Phase
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1. Pre{�are final cc�nstructian plans including engineering, design and cfrafting
for relacafion of City of Fort Worth mains M-272B and M-'15R a�4" attd 30"
sanitary sewer, respectivefy. Pians �or the construction of approximately490
linear feet af new 8" sanitary sewer are also included. The sanitary sewer
� plans vvil! be prepared in accordance with City o# For� Worth's criteria.
Services inciude all coardination required with City and Design Team
m�mb�rs during the re�iew process through final a�pro�al. Detailed design
shall be provided for each of the following ikems:
a. . Proposed plan & prafile for sanitary sewer main.
b. O�erall sanitary sewer plan showing proposed improvements and
City's exis#ing system in the vicinity of tf�e project.
c. Manhoiel,�unction Box and other miscellaneaus sanitary sewer
construction detai[s.
d. Odor control details for an existing junction box structure on the M-
439 line located on the north side of ihe Clear Fork af th� Trinity
River, opposite the proposed RadiaShack site.
2. Prepare construction contracts, specifcatio�s and construction quantities
required for bidding purposes.
3. Prepare applicatian and assist in obtaining Floodplain Development Permit
for work within the 100-year floodplain.
F. Bidding F'hase
1. Assist the City in ad�ertisements to receive bids.
2. Assist the City in the tab�lation ofi bids for construction and recommended
caurse of action.
G. Construction Phase
1. Provide two area contro[ points and one Benchmark with x, y and z
coordinates for construction staking by the Contractor.
2. Attend pre-canstruction conferet�ce at the City o# Fort Wor�h.
3. Review shop drawings submitted by Cantractor far complia�ce with the
Contract Doeuments.
4: Assist the City during the construction phase to address questians that arise
with regard ta fhe engineering design.
5. Attend a Final Inspection of the prajec# for compliance with the Contract
Documents.
���Tl�id 1[l � �P�CI�� �OR��I��f��l�i��
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Exclusions to the basic Scope of Services are as follows:
A. Reimbursable Services -Tne fallor,ving s�rvices, if provided, shall be co�sidered as
reimbursable expenses to this contract:
�. Printinglrepraduction services.
2. Special courier services.
3. Travel and subsistence.
4. Fiking, review fees and application fees. ,
�. Special Services - If t�e Engineer is requested to become in�ol�ed with any of the
foilowing items, we will be pleased to provide them for additional fees #o be
deterrnined at that time:
'E. Construc�ion staking ar surveying services beyond thos� listed a�o�e.
2_ Services of S{�ecial Gonsultants.
3. Pr�paration o�F Storm Water Pol[ution Prevention Plan {SWPPP).
4. Design of retaining wa{Is, screenEng wafls, cfetached structures; special b�ick
pa�ed areas, e#c.
�. Attendance at weefdy construction meetings and Construction Phase
Services b�yond ti�ase listed a�ov�.
6. Prepara#ion of Record Drawings.
7. All other special or miscellaneo�s assignm�nts specifically autharized by the
Owr�er.
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�XHIBIT "�-1"
SU���,�I��f�iA� �C�P� OF S�RVIC�S
{SlJPP��Iifl�i�T i0 Ai`T'�,�HIVi�NT ��A"1
Relocatior� of approximately 1,700 linear fee� o� 54�" 5anitary 5ewer iVlains (Md
�7��} and (M�1 �R) in an area bounded by Forest Park Boulevard, the Clear �ork
of the Yrinity I�iver, Henderson 5treet and oid Vailey 5treet in the Central
Business Qistrlct of l�ort Worth, iexas.
��� IVo. 3755, P5'9 71 060'9 7'9 '9 40060
The foilawing is a clarifica#ian of the tasks that the ENGINEER will perForm. under ATTACHMENT "A".
Work under this attachment includes engineering services for sanitary sewer syst�m impravements for
the fallowing:
C�nstructian documents far approximately 1,3fi5 feet o�F 54"-diameter, 35� linear feet af 30"-diameter
and 490 linear feet of 8"-diameter sewer line. Raute analysis and preliminary profile #or approximately
3,315 linear faet of 54"-diameter sanitary sewer.
Upon receipt of natice to proceed, the ENGINEER will perform the fo�lowing tasks.
PART A - PRE�ENGINEERfNG
Initial Data Collection
a. Pre-Dasign Coordinatian M��tings
ENGINEER will attend and document meetings, as required, to discuss and coordinate
various aspects of the project a�d to ensure that the praject stays on schedule. For
purpose af establishing a le�ei af cornfort, t}�ree (3) meetings are anticipated. These
indude the following:
One (1) pre-design kick-off meeting, (including the CITY's Departmeni of Engineering
and other departments that are impacted by the project)
One (1) coardin�iion meeting to discuss alignment issues
One (1) review meeting at comple#ion of the CITY's review of the canceptual engineering
plans
b. Route Analysis afi 54" sanitary sewer from downstream cflnnection at the west side of
the Henderson Street Bridg� to Lancaster A�e�ue.
b.1 Caordinate route analysis with ot�er agencies ir�cluding utilit�es owned by City and
franchise utilities.
b.2 ENGINEER shall identify the proposed sewer line route. Coardina#ian meeiing wiil be
held with City to discuss aEignment and coordir�ate design issues.
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b.3 Evaluate ti�e impacts af selecied route on existing utilities and streets and prepare an
updated construction cost estimaie.
b.4 Prepara and send Memarandum showing pipeline size and Iocation and major existing
canflicts for various s�ctions of the proposed sewer line project.
c. The ENGINEER shall submit a pragress schedule afterthe design contract is fuily execute�.
The schedul� shall be updated and subrnitted to the ClTY aEong with monthly progress
report as requi�ed under Attachment B-'i ofi the contract.
PART B-CONSTRIJCTION PLANS AND SPECiFICATION
1. Conceptual Engineering
Sur�eys for Design
a. ENGINEER will pertorm field s�rveys to coll�et horizontai and vert��af-el�vations
ar�d " other information which will be needed for use by the ENGiNE�R in design
and preparation of plans for the project_ Infarmation gathered durir�g the survey
shafl include topographic data, elevations for a!f sanitary and adjacent starm
sewers, rim 1 invert, ele�ations, [ocation of buried uiilities, structures, and other
features rele�a�t to the proj�ct.
Locate horizontal and vertical alignmer�t af utility lines. Campile k�ase plan from
field survey data at 9"= 40' horizantal and 1"� 4' vertical scaie.
Compife base plan from field survey data a# 1"-4a' scale.
When conducting design survey at any location on the project, ti�e consultant or
its sub-consultant shall �arry readily �isible informatior� identifying th� name of
the company and the company representative. All company �ehicles shall also
be readily identified.
�. ENGINEER Will provide the Following In#ormation:
All plans, field nates, �lats, maps, legal d�scriptions, or ather specified
documents prepared in conjunction with the requested services shall be provided
in a digital format compatible v�ith the electranic data collectian ar�d compu#er
aided design and drafting saftwar� c�rrently in use by the CITY Department of
Engine�ring. AEI iext data sucl� as pian and profile, legal descriptions, caordinate
files, cut sheets, etc., shall be provided in the American Standard Code f�r
Information Interchange (A5C11) farmat, afl drawing files shall be provid�d in
AutaCAD (DWG or DXF) farmai, or as otl�erwise approved in writirtg by the CITY,
and all data collected and generated during the coursa of the project shall
�ecome the property o# the CITY. .
The minimum infiormation to be provided in tt�e pians shall include the fallowing:
1. A Project Contral Sheet, showing ALL Control Points, used or set while
gathering data. Ge�eraily on a scale not less tf�an 1:4D0
2. The follawjng informatior� aboui each Control Point;
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3.
4.
a. Identified (Ex. City Monumenk#8901, PK Nail, 5/8" lran Rod)
6. X, Y, ar�d Z Coordinates, in an identified co�rdinate system and a
referred bearing bas�. Z coardinate fln City Datum Only.
c. Descriptive Locati�n (Ex. Set in the,centerline of th� inlet in tt�e
South curb line of Norkh Side Drive at the East end of radius at the
Sautheast Comer of Narth Sic�e Drive and Norti� Main 5treet.}
Coordinates on al! P.C.'s,. P".T.'s, P.I.'s, Manholes, Val�es, etc., in the
same coordinate system as Cantrol
B�arings given on a�l proposed centerlines, or baselines
a. The ENGII�EER shall perForm conceptuai design of the propased impravements
and fiurnish four (4} copies of the concept engineer�ng plans that will includ�
layouts, preliminary right-of-way needs and cost estimates for the Engineer's
recommended pfan. Engineer shall pertarm remaining field surveys required far
�nal design of selected route for the proposed project.
2. Prelimir�ary Engineering
Upon appro�al of Part B, Section 1, ENGINEER will }�repare prelimir�ary construction plans as
follows:
a. O�erall sewer kayout sheets.
b. Preliminary project �lan and profile sheets which show tF�e fallowing: Propased sewer
planlprofile and recommended pipe size, sewer service lines and all pertinent
information n�eded to construct th� project. Legaf description (Lot NQs., Block Nos., and
Addition Names) alang with addresses shall be provided on the plan �iew. �
c. Existing utilities and utility easements will be shown on the plan and profile sheets.
ENGINEER will coordinate witE� utility companies and the City of Fart Warth #o determine
if any future impro�ements are planned that may impact the project.
d. The ENGINEER shall make pr�visions for reconnecting all sewer service lines wF�ich
connect directly to any sewer being replac�d, including rep�ac�ment of existing service
lines within City right-of-way or utility easement when the existing alignment of a sewer
main is chang�d, pro�isions will b� mad� in #he final pEans andlor specifications by ihe
�NGINEER to relocate all services w�ich are conn�cted to the existir�g s�wer and
connect said service lines to the relocated sewer. �
e. The ENGiNEER will pr�par� standard and specia] detail sheets for sewer line
installaiio� ihat are not already inc�uded in the o Section of tY�e City's specifications.
These may include connectian details between various parts af the project, tunneling
detaifs, �aring and jacking d�tails, sewer line relocations, details unique ta the
constriaction of the project, trenchtess details, and special service reconnections.
f. Utility Cleara�ce Phase
The ENGINEER will consult with the City's Water Department, Depariment of
EngfneEring, and ather CITY departments, public �tilities, pri�a#� utilities and
government agencies to de#ermine the appraximate location of abtive and underground
utilities, and other facilifiies that have an impact or influence fln the project.
The ENGII�EER shall deliver a maximum of 14 sets of preEiminary construction plans to
the City's Utility Coardinator for farwarding to all utility companies, which have facilities
within the [imits of the project. .
g. Preliminary constructior� plan submitial
i. Preliminary plans ar�d specifications shall be submitted to City 60 days after
City's appraval of Cancept Plans.
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The ENGINEER shall delivery two (2) sets ar preliminary canstruction plans and
iwo (2) sets �f specifications and contract ciocuments to CITY far re�iew.
Generally, plan sheets shall b� flrganiz�cf as follows:
Cover sheet
Plan & Profiie Sheets
Standard Construction Details
iii. The ENGINEER shall submit a preliminary es#imate of praba�ie construction cost
with the preliminary plans submitted. ENGINEER shall assist City in selecting the
feasible andlor econamical solutions to be pursueci.
h. Review meetings with City
The ENGINEER shall meet with CITY to discuss re�iew comments for �reliminary
submittal. The CITY shall direct the ENGENEER in writing to proceed wi#h FinaE Design
for Fina! Review.
3. FinaE Engineering Plan Submittal
a. Final Cansiruction Documents shalE be submitted ta CITY.
Follor�uing CITY approval of the recommended improvements, the ENGINEER shall
prepare final plans and speeifications and contract documents to CITY (each sheet shall
be stamped, dated and signed by th�e E�IGINEER) and submit two (2) sets of plans and
construction contract documents to the CiTY for final appro�al.
�. Engir�eer's Estimate of Prabable Construction Cost
The ENGIN��R shall submit a finai estimafe.of probable constructian cost with the final
p�ans submitted.
PART C — PRE-CQNSTRIJCTION ASSISTANCE
Administration
a. Deliver Bid Documents
The ENGINEER will make a�aiiable for bidding, upon request by the C1TY, up to forty
(40) sets of the fina� approved and dated pians and specificatians and contract
documents for projects to the CITY for distributior� to potential bidders. Bi� Propasal will
be delivered in efectronic format.
b. Bidding Assistance
The ENGlNEER shall assist the CITY during phase including preparation and delivery of
addenda to plan �olders and responses to questions submitted to the DOE by
prospeciive bidders. Engineer sha{I attend the sch�duled pre-bid conference.
The ENGWEER shalf assist in re�iewing the bids for completeness and accuracy. The
ENGINEER shall a#tend the project bid opening, de�elo� bid tabulatians in hard copy
and electronic format and submit four {4) copies of the bid ta6�lation.
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A`T�,��H��Rl�' �����
COMPENSATI�N AND SCHEDIJLE
Relocation of appraximately 1,700 linear feet of 54" Sanitary Sewer Mains (M-272B) and (M-
15R} in an area bounded by Forest Pari� Boule�ard, the Clear Fork of the Trinity River,
Henderson Street and old Valley Stre�t in the Central Business District of Fort Worth, Texas.
DOE No. 375�, PS�71 06Q17114�080
COfli'IPENSATION
A, Th� �NGiNE�R s�all be com�ensated a lump sum fee of $111,069.00 for Basic and
Specia! Services as summarized in Exhibit "B-2". Paym�nt of the Eum� s�m fee shall be
considered full campensation for the services described in Attachment "A" for all labor,
materials sup�lies an� equipment necessary to complete the project.
B. Partial payme�t shall be made monfhly as stipulated on Exhibit "B-1" upon receipt of an
invoice from tt�e Engineer, prepared from the books and records of the ENGiNEER.
Each invoice is to be verified as to its accuracy and compliance with the terms of this
contract by an officer of the ENGINEER. Payment according to statements wiil be
subject to cer�ification by the Director of Engineering Depar�ment or his aut�orized
representative that such work has been perfarmed.
!I. SCHEDULE
See Attachment "D"
1 af 9
�/i�IB�� ii��A!!
NY�TH�D QF ��oY�AFIVi
Relocation af approximately 1,700 linear feet of 54" Sanitary 5ewer Mains (M-272B)
and (M-15R) in an area baunded by Forest Park Boul�vard, the Clear Fa�k of the Trinity
Ri�er, Hen�erson Stree# and ofd Valley Street in fhe Central Business District of Fort
Worth, Texas.
DOE No. 37a5, PS171 Qfi0171140060
The Er�gineer sha11 be paid rr�onthly upon receipt of an invoice on the basis af statements
prepared fram the baaks and records of account of the Engineer, based on the Engine�r's
estimate of the percentaga of completion of the praject, such statements to be �erified as to
accuracy and compliance with tf�e terms af this confract by an officer of Engineer. Payment
accarding to statements will be subject to certification by the Director of tne Depa�me�t of
E�gineering or f�is autharized representati�e �hat such work has been performed.
TE�e aggregate of sueh monthly par#ial payments shall no# exceed the following:
Until satisfactory completian of Exhibit A-1, Part B, 5ecti�r� 1 hereuncfer, a sum not to
exceed 40 percent af the lump sum fee.
Until satisfactory completion of Exhibit A-1, Part B, Section 2 here�nder, a sum not to
exceed 75 p�rcent of the lump sum fe�, less pre�ious payments.
Until satistaciory completion af Exhibit A-1, Par� B, Sectian 3 hereunder, a sum of not to
exceed 95 percer�t of the lump sum fee, less previaus �aym�r�ts.
Balance of earnings t� be due and payable upan defivery ta the City of plans and bid documents
fo� ad�e�tising as described in Exhibit A-1, Part C, Section 1 a.
1 0# 1
�XHl�li "��2"
��SI� OF COfV��E[�SAiIOf�
I�Piocation of approximately� 1,7�0 linear feet r�� �4" Sanitary Sew�r Mains (M-272B) and
�6v1-1 �R) in an area bounded by Forest Park Boulev�rd, khe �tear Fork of the Trinity
�iver, Hendersan Street and old Valley Street in the Central Business District af Fo�t
Worth, Texas.
DOE No. 3755, PS�7� 06017�940064
The contract amount far "Basic Scape of Services" shall be pra�ided far the lump sum
amounts [isted belaw far t�e various phases af work:
BASiC ENGIN�ERING FEE
Civil Engineering
$57. �0�.04
T�TAL: $57,Q00.00
ADD�TIONAL ENGINE�RING SERVICES
Constructjon Meetings 20 Hrs. a� $135.00 (Estimate) _
Preparation of Record Drawings
Route Study for 54" SS �M-272B) from Lancaster to
5ta. 4+27
SPECIAL SERVIC�S
A. Survey Phase {ANA)
1. Sanitary Sewer Praject - CDs
2. Sanitary Sewer Project — Route Study
3. Wat��line Project
B. Geatechnical �r�vestigation Phase (Mas-Tek)
C. Administration Fee {10°/a}
REIMBURSABLE EXPENSES
Printing/ReproductionlCourier
$ 2,7QO.�Q
$ 2,500.00
$16.�00.00
TOTAL: $21,700,00
$ 9,654.00
$ 6,600.00
$ 3,250.00
$ 6,290.00
$ 2.575.04
T�TAL: $28,369.00
$ 4,00�.00 {Estimate)
TOTAL; $ 4,000.00
iO�AL ��� $111,069.OQ
MIWBE PARTICIPATION
ANA Consultants, �.L.C. $19,500.00
Mas-T�k Engineering & Associates, Inc. $ 6,290.OD
. TOTAL: $25,790.00
City's MIWBE Goal: 18% Total MIWB� Participafion: 23%
EXF[IB1T "B-3"
�STIMAi� QF PROBAS�E COI�STRUCTIQN C05T
Reiocatior� of approxirnately 1,700 linear feet of 54" Sanitary Sewer Mains {M-2728) and M-15R)
in an area bour�ded by Forest Park Boulevard, the Clear Fork of the Trinity River, Henderson 5treet
anc! ald Valley 5treet in the Central Business District of Fart Worth, Texas.
DOL No. 3��5, P51�1 06017�114DU60
17EM
NO.
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2
3
4
5
6
7
8
9
10
11
12
13
�4
15
16
17
18
'I 9
20
21
22
23
APPROX.
QUANTl7Y
1,469
2a�
35D
49Q
3
20
2
28
2
1
1
1
�E,345
75
4,345
1
400
4Q0
1
1
1
1
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V.F.
�A.
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S.Y.
TONS
S.Y.
�.8.
S.Y.
S.Y.
L.S.
EA,
L.S.
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L.F.
�ESCRIP7fON �PRICE T�TAL
54" SS BY OPEN CUT ALL �EPTHS $35D.�0 $4D6,350.00
54" SS BY O�'H�R THAN OPEN CUT ALL DEPTHS $85D.Q0 $173,400.00
30" 5S BY OPEN CUT ALL I]�PTHS I $185.00 $64,750.00
8" S5 BY OPEN CUT AL� DEPTFES I $95.00 $46,550.OD
4' DIA. MANHOL� � ' $2 400.00 $6,OOQ.pO
ADDITIONAL DEPTH FOR4' DIA. MH �100.Op $2,DOO.OQ
IYP� A SS ACC�SS MANHOLE ' $10 a0�.00 $2�,OOOAO
A�DITIONAL DEPTH FOR TYPE A MH �125.00 $3,500.00
S� JUNCT{ON STRUCTURE $50,aao.04 $100,OOO.dO
CONNEC7 TO EXIST SlPHON STRl1CTURE $5,000.00 $5,Oq0.Q�
CONNECT TO EXIST 54" STUBOIJT $4,004,00 $4,DOO.Oa
CONN�C�" 8" TO EXIST. MANHOL� $2,OOO.aO $2,OOD.00
PULVERfZE EXIST HMAC PARKING LOT ANl7 BASE $3.50 $15,207.50
C�M�NT S7ABILIZED SUBGF�ADE IN PARKING LOT $124.D0 $9,Op0.p0
INSTALL 5" HMAC IN PARKlNG LOT $20.�0 $86,900.00
PARKING LOT RE-STRIPING $4,OOO.qO $4,000.00
REMOVE EXfST 7" C�NC PAVEMENT $10.00 $4,000.00
IN57ALL 7" CONC PAVEM�N7 AND SUBGRAD� $45.00 $'lB4ODD.00
20" WATERLINE LOWERING $7,500.00 $7,5Dp.0�
ODOR CONTROL UNIT $7,OOO.DO $7,000.00
D�WAT�RfNG $15,0OO.Op $15,OOa.00
SS SERVICE RE-CONNECTIOiV WI CLEANOUT $9,800.00 $4,8D0.00
TRENCH 5AFETY $2.D0 $4,002,00
5U8TOTAL: $1,005, 959.50
10°/a CONTINGENCY $100,595.95
TOTAL: $1,10i3OQ0.00
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C � � 1
I'���/�!s►�ITdI�� 1 'r�r�
RtVIENDMENT'S TD ARTICL�S IV, V Af�� VI
Relocation of approximately 1,7�� linearfeet of 54" Sanitary Sewer
IIO[ains (M��7��} and (M�1 ��} in an area bounded by �orest Park
�oule�ard, the Clear Fork of the T'rinity River, Henderson Street and
old VaIley Street in the Central �usiness District of �ort Worfih, iexas.
��� ido. 3755, ��'9 79 �60'9 71'� 40060
None Required
1 of 1
/w�/�1�'.+b�vi�i�� ����!
PROJECT SCHEQULE
Relocation of approximatefy 4,70Q linear feet of 54" Sanitary Sewer Mains �M-272B} and M�15R)
in an area bounded by Farest Park �oulevard, the Clear Fark af #he Trinity River, Hendersa� Street
and old Valley Street in the Central B�siness District of F'ort Worth, Texas.
Praject Notice to Proceed 1 bay
Survey Phase 3 wks
Geotechnical Phase NIA
Preliminary �ngineering Phase 4 Wks
(CDs Section Only)
Prelfminary �ngineering Phase $ Wks
(Rauts Study Section)
DOE No. 3755, pSt71 06077i140�60
OCT �IOV � I]EC JAN
� �
FEB MAR APR TufAY
City Fteviaw 2 Wks
Constructinn l7ocuments Phase 5 Wks
Ciry Final ReviewlApprovaf 2 Wks
eidding and Award Phase 6 Wks
Conlractor Notice to Praceed 1 Day
Canstruction Phase 75 Oays
�
�
�
C'ity of �o� �o�h, T'exas
�y�r� ��d ��u�nc�� ��r�t����c����r�
DATE REFERENGE NUMBER LOG NAME PAGE
11I�2/02 ���_�g3q,� 3QSEWER I 1 of 1
SUBJ�CT ENGINEERING AGREEMENT WITH CARTER & BURGESS, INC. FOR SANITARY
SEWER MAiNS M-272� AND M'15R REHABI�ITATEON ALONG FOREST PARK
BQULEVAR�, THE CLEAR FQRK TRINITY RIVER, HENDERSON STREET, AND OLD
VAL�EY STREET IN THE CENTRAL BUSINESS DISTRICT
RECOMMENDATIQN:
�t is recommended that the City Council a�thorize the City Manag�r ta ex�cUt� a� engineering
agreement with Carter & BUrgess, inc. in an amount not to exceed $� 11,fl69 for sanitary sewer Mains
M-272B and M15R reha�iiitation aEong Forest Park Boulevard, the Clear Fork Trinity River, Henderson
5ireet, and Old Vailey Street in the Cen#ral Business D�strict.
DISCUSSION:
As part of ar� on-going pragram fia improve the wastewater caiEection system in the Central Business
Qisfrict, the Water Department recently selecied sanitary sewer Mains M-2i2B and M15R far
rehabilitation alang Fores# Park Boulevard, the Clear For� Trinity Ri�er, Henderson Street, and Qld
Valley Street in the Cer�tral B�s�ness District. This pro�ect wtll result En increased hydraulic capacity and
increased access to the main far routine maintenanee act�vities. In anticipation of tl�e de�elopment of
this area, the Water Department p�opose� to reha�ilitate the sanitary s�wers listed aba�e ta
accommodate the corporate h�adquarters projects of Radia Shack ar�d Pier 1.
Und�r this agre�ment, the engineer wili prepare plans and speeifications and coordinate t�e design
with the proposed new developmenfis. The engfneer will afso evaluate the condition, locatian, an�
preser�t capacity of the existing wastewater mains.
Carter & B�rgess, 1nc. is in comptiance with the Gity's M/INBE Ordinance by committing ta 2�°lo MIVlIBE
participation. The City's gaal on this project is 20%.
FISGAL INFQRMATIONICERTaFfCATIDN:
The Finance Director certifies that funds ar� a�ailable in the current capital budg�i, as appropr�ated, of
the Sewer Ca�ital Project Fund.
MQ: {c
Submitted for City Manager's
ot��� by:
Marc ott
Otiginating Depattntent Flead:
Dauglas Rademaicer
� Furm � AccovNr �
� (to)
I
847b
�
6I5'1 � (from)
I P171 531200
CEN'C�R
{?601711 �40{760
� �mtourrr
$1 � 9 , 069.40
CiTY SECRETARY
AP�ROVED 11/12/02
Additional Is�farm$tian Contac�:
Douglas Raclemaker 6157 �
Ci�y of �ort %Tjorth9 �'exas
f�l�yor �r�d C��r�cil �ommu�nica-�lon
DATE REF�RENGE NUMBER LOG NAME PAGE
91/12/02 �*�c1934� 30SEWER l 1 of 1
SUBJ�CT ENGINEERING AGREEMENT 1NITH C�T� ��UR����, INC. FOR SANITARY
SEWER MAINS M-272B AND M15R REHABILITATION ALONG FOREST PARK
BOULEVARD, THE CLEAR FORK TRINITY R[VER, HENDERSON STREET, AND OLD
VALLEY STREET IN THE CENTRAL BUSfNESS DlSTRICT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager fa execute an engineering
agreement with Carter & Burgess, Inc. in an amount not �o exceed $911,069 for sanitary sewer Mains
M-272B and M15R rehabilitation along Forest Park Boulevard, the Clear Fork Trinity River, Hen�ersan
Street, and �Id Vafley S#reet in the Central Business Distriet.
DISCUS510N:
As part of an on-go�ng program ta improve the wastewater collection system in the Central Business
District, the Water Department recently sslected sanitary sewer Mains M-272B ancf M1�R far
rehabilitation along Forest Park Boulevard, the Clear Fo�k Trinity River, HenderSon Street, and Old
Val[ey Street in the Central Business District. This projec� will resuli in increase� hydraulic capacity and
increased access to the main for roufine mainte�ance activities. In anticipa#ion of fhe deWelopment of
this area, the Water Department proposes to rehabilitate fhe sanitary sewers listed abor�e to
accommoda#e the corpora#� headquarters projects of Radia Shack and Pier 1.
llnder this agreement, the engineer wiU prepare plans and specifications and coordinate the design
with the proposed new deveiapm�nfs. The engineer wili also evafuate the canditEon, location, and
prese�t capacity of the existing wastewater mains.
Carter & Burgess, Inc. is in compfiance with the Gity's MIWBE Ordinance by committing to 25°/a MIWBE
par�icipatian. The City's goal on this project is 20%.
FfSCAL INFORMATION/CERTIFICATION:
The Finance D�recfor certifies that funds are available in the current capital budget, as appropriated, of
the Sewer Capiia! Project �und.
MO:k
Submifted for City Manager's
Offfce by:
Marc O�t
Originating Department Head:
Douglas Rademaker
Additinnal I�farm�ation ConEaci:
Douglas Rademalcer
I FUND I ACCOUNT I
� (to)
I
847G I
�
I
6157 I (from)
I P171 531200
�
�
6157 I
CENTER
060171140060
I AMQU11'T
$111,069.0�
I CITY SECRETARY
1
1
1
1
1
� APPROVED 1 t/12/42
1