HomeMy WebLinkAboutContract 29012 CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SOMMISCRETW,
CONTRACT NO. 9 l
This AGREEMENT is between the City of Fort Worth (the "CITY"), and NTB
Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as: Water and
Sanitary Sewer Replacement Contract 2003, STM-B.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably "
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of suspension
of services, the ENGINEER shall have no liability to CITY for de or
damages caused the CITY because of such suspensidn o services.-
ORIGINAL
�, � � �,
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering wont to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations shall
be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
ENGINEERING CONTRACT
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with the
Contract Documents, nor shall anything in the Contract Documents or the
agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the
work on the PROJECT. If, for any reason, the ENGINEER should make an
on-site observation(s), on the basis of such on-site observations, if any, the
ENGINEER shall endeavor to keep the CITY informed of any deviation from
the Contract Documents coming to the actual notice of ENGINEER regarding
the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no control
over cost or price of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect operation or maintenance
costs; competitive bidding procedures and market conditions; time or quality
ENGINEERING CONTRACT
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of performance by third parties; quality, type, management, or direction of
operating personnel; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore, the
ENGINEER makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not vary from the
ENGINEER's opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's
knowledge, information, and belief from selective sampling and observation that the
work has progressed to the point indicated. Such recommendations do not
represent that continuous or detailed examinations have been made by the
ENGINEER to ascertain that the construction contractor has completed the work in
exact accordance with the Contract Documents; that the final work will be
acceptable in all respects; that the ENGINEER has made an examination to
ascertain how or for what purpose the construction contractor has used the moneys
paid; that title to any of the work, materials, or equipment has passed to the CITY
free and clear of liens, claims, security interests, or encumbrances; or that there are
not other matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact location,
type of various components, or exact manner in which the PROJECT was finally
constructed. The ENGINEER is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this contract
and its commitment to meet that goal. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
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and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this article
together with subsection (3)hereof. CITY shall give sub-consultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting policies
of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT.-
Commercial
ROJECT:Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage
if written on a split limits basis). Coverage shall be on any vehicle used
in the course of the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease- each employee
Professional Liability
$1,000,000 each claim/annual aggregate
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(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall
include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified according to items section K.(1) and K.(2) of this agreement
are provided under applicable policies documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice
shall be acceptable in the event of non-payment of premium. Such
terms shall be endorsed onto ENGINEER's insurance policies. Notice
shall be sent to the respective Department Director (by name), City of
Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the state
of Texas or be otherwise approved by the CITY; and, such insurers
shall be acceptable to the CITY in terms of their financial strength and
solvency.
(f) Deductible limits, or self-insured retentions, affecting insurance
required herein shall be acceptable to the CITY in its sole discretion,
and, in lieu of traditional insurance, any altemative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may
also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
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b
(j) The Professional Liability insurance policy, if written on a claims made
basis shall be maintained by the ENGINEER for a minimum two (2)
year period subsequent to the term of the respective PROJECT
contract with the CITY unless such coverage is provided the
ENGINEER on an occurrence basis.
(k) -rhe CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood that
insurance cost is an allowable component of ENGINEER's overhead.
(1) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When subconsultants
maintain insurance coverage, ENGINEER shall provide CITY with
documentation thereof on a certificate of insurance. Notwithstanding
anything to the contrary contained herein, in the event a
subconsultant's insurance coverage is canceled or terminated, such
cancellation or termination shall not constitute a breach by
ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing
of any existing conflicts of interest or potential conflicts of interest, including personal
financial interest, direct or indirect, in property abutting the proposed PROJECT and
business relationships with abutting property cities. The ENGINEER further
acknowledges that it will make disclosure in writing of any conflicts of interest that
develop subsequent to the signing of this contract and prior to final payment under
the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
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O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENGINEER could
not have been reasonably aware of, the ENGINEER shall notify the CITY of such
changes and an adjustment in compensation will be made through an amendment to
this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local, state,
or federal authorities; and land, easements, rights-of-way, and access necessary for
the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
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consultants as the CITY deems appropriate; and render in writing decisions required
by the CITY in a timely manner in accordance with the project schedule in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes
or becomes aware of any development that affects the scope or timing of the
ENGINEER's services or of any defect in the work of the ENGINEER or construction
contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and release
ENGINEER and its officers, employees, and subcontractors from all claims,
damages, losses, and costs, including, but not limited to, attomey's fees and
litigation expenses arising out of or relating to the presence, discharge,
release, or escape of hazardous substances, contaminants, or asbestos on
or 'From the PROJECT. Nothing contained herein shall be construed to
require the CITY to levy, assess or collect any tax to fund this
indemnification.
(2) The indemnification and release required above shall not apply in the event
the discharge, release or escape of hazardous substances, contaminants, or
asbestos is a result of ENGINEER'S negligence or if such hazardous
substance, contaminant or asbestos is brought onto the PROJECT by
ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
W.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for contractor's
negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary of
any undertaking by the ENGINEER."
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(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time required
for performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
ENGINEERING CONTRACT
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B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will be
at the CITY's sole risk. The final designs, drawings, specifications and documents
shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by
acts of God, strikes, lockouts, accidents, or other events beyond the control of the
ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product,
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for convenience so that
the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
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F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in connection
with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of negligence
or willful misconduct as determined pursuant to T.C.P. & R. Code, section
33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict or
statutory liability, or any other cause of action, except for willful misconduct or gross
negligence for limitations of liability and sole negligence for indemnification. Parties
mean the CITY and the ENGINEER, and their officers, employees, agents, and
subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
ENGINEERING CONTRACT
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$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days From the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose in
the litigation.
K. Severability and Survival!
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all
orders, laws ordinances and regulations which may exist or may be enacted later by
governing bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to
defend, indemnify and hold harmless CITY and all of its officers, agents and
employees from and against all claims or liability arising out of the violation of any
such order, law, ordinance, or regulation, whether it be by itself or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the day of Lkiq 2003.
A ST: CJTY OF—FORT WORT
G oria Pearson Marc. A.;Ott
City Secretary Assistan�City Manager
" I -1 �iQ -l �
contract Authorization APPROVAL RECOMMENDED
1 -1 ) 03 A0MdWQAffWA(A=P=
A. Douglas Rademaker, P.E.
Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
Assistant ity Attorney
NTB ASSOCIATES, INC;
ATTEST: ENGINEER
�L
By. W
Mark A. Juss lin, P.E.
Principal
ENGINEERING CONTRACT
Page 14 of 14 fy, .jni V�y1
ATTACHMENT "A"
Geral Scone of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in the supplemental Scope of Services. In cases of conflict between the
Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope
of Services shall have precedence over the General Scope of Services."
GFNFRAI
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of
the City regarding the scope of project so that the plans and specifications which are to
be developed hereunder by the Engineer will result in providing facilities which are
economical in design and conform to the City's requirements and budgetary
constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be
necessary for the design of the proposed street, and storm drain and/or water and
wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure
necessary information from such outside agencies, to meet their requirements.
3) Geotechnical Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations
that may be needed. In the event it is determined necessary to make borings or
excavate test holes or pits, the Engineer shall in coordination with the City and the
City's geotechnical engineering consultant, draw up specifications for such testing
program. The cost of the borings or excavations shall be paid for by the City.
4) Agreements and Permits
The Engineer shall complete all forms/applications to allow the City of Fort Worth to
obtain any and all agreements and/or permits normally required for a project of this size
and type. The Engineer will be responsible for negotiating and coordinating to obtain
approval of the agency issuing the agreement and/or permits and will make any
revisions necessary to bring the plans into compliance with the requirements of said
agency, including but not limited to highways, railroads, water authorities, Corps of
Engineers and other utilities.
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineers own cost and expense, unless such
changes are required due to changes in the design of the facilities made by the
-1-
permitting authority. If such changes are required, the Engineer shall notify the City and
an amendment to the contract shall be made if the Engineer incurs additional cost. If
there are unavoidable delays, a mutually agreeable and reasonable time extension
shall be negotiated.
6) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic
film sheets, or as otherwise approved by the Department of Engineering and shall
become the property of the City. City may use such drawings in any manner it desires;
provided, however that the Engineer shall not be liable for the use of such drawings for
any project other than the project described herein; and further provided, that the
Engineer shall not be liable for the consequences of any changes that are made to the
drawings or changes that are made in the implementation of the drawings without the
written approval of the Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction of
the project. Engineer shall determine ownership of such land and furnish the City with
the necessary right-of-way sketches, prepare necessary easement descriptions for
acquiring the rights-of-way and/or easements for the construction of this project.
Sketches and easement descriptions are to be presented in form suitable for direct use
by the Department of Engineering in obtaining rights-of-way, easements, permits and
licensing agreements. All materials shall be furnished on the appropriate City forms in a
minimum of four (4) copies each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Pians
and Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to
any proposed utility liens or adjustment to existing utility lines within the project limits.
The information obtained shall be shown on the conceptual plans. The Engineer shall
show on the preliminary and final plans the location of the proposed utility lines,
existing utility lines, based on the information provided by the utility, and any
adjustments and/or relocation of the existing lines within the project limits. The
Engineer shall also evaluate the phasing of the water, wastewater, street and drainage
work, and shall submit such evaluation in writing to the City as part of this phase of the
project.
-2-
10) Conceptual Plans
The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans
which include layouts, preliminary right-of-way needs and preliminary estimates of
probable construction costs for the Engineer's recommended plan. For all submittals,
the Engineer shall submit plans and documents for street/storm drain and
water/wastewater facilities. The Engineer shall receive written approval of the Phase 1
Plans from the City's project manager before proceeding with Phase 2.
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans
and five (5) copies of the preliminary technical specifications for review by the City and
for submission to utility companies and other agencies for the purposes of coordinating
work with existing and proposed utilities. The preliminary construction plans shall
indicate location of existing/proposed utilities and storm drain lines. The Engineer shall
receive written approval of the Phase 2 plans from the City's project manager before
proceeding with Phase 3.
PHASE 3
13) Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
14) Detailed Cost Estimate
The Engineer shall furnish four (4) copies of detailed estimates of probable construction
costs for the authorized construction project, which shall include summaries of bid items
and quantities.
15) Plans and Specification Approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state and federal
laws and with applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies. The Engineer shall receive written approval of the
Phase 3 plans from the City's project manager before proceeding with Phase 4.
-3-
PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction
plans and contract specifications. The approved plans and contract specifications shall
be used as authorized by the City for use in obtaining bids, awarding contracts, and
constructing the project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the
bidding documents, and assist the owner in determining the qualifications and
acceptability of prospective constructors, subcontractors, and suppliers. When substitu-
tion prior to the award of contracts is allowed by the bidding documents, the Engineer
will advise the owner as to the acceptability of altemate materials and equipment
proposed by the prospective constructors.
18) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the
construction of the project and shall make a recommendation of award to the City.
19) Prebid Conference
The Engineer shall attend the prebid conference and the bid opening, prepare bid
tabulation sheets and provide assistance to the owner in evaluating bids or proposals
and in assembling and awarding contracts for construction, materials, equipment, and
services.
PHASE 5
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters concerning the layout of the
project during its construction and will set control points in the field to allow City survey
crews to stake the project. The setting of line and grade stakes and route inspection of
construction will be performed by the City.
22) Site Visits
The Engineer shall visit the project site at appropriate intervals as construction
proceeds to observe and report on the progress and the quality of the executed work.
-4-
23) Shop Drawing Review
The Engineer shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratory, shop, and mill
test reports on materials and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the acceptability
of the work, at the request of the City.
25) Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field
conditions encountered.
26) Record Drawings
The Engineer shall prepare record drawings from information submitted by the
contractor.
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: WATER AND SANITARY SEWER REPLACEMENT,
CONTRACT 2003, STM - B
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
"A". Work under this attachment includes engineering services for water and/or sanitary sewer
improvements for the following:
Water and Sewer Replacement Contract
D.O.E. No. 4057
Water Project No. PW53-060530177730
Sewer Project No. PS58-070580176060
STREET WATER SEWER
Water Map Existing Size Proposed size Length(ft.) Sewer Map Existing size Proposed size Length(ft.)
No.(s) in. (in.) in.) (in.
Willis Ave.from Old 2012376 8"and 12" 8"(PVC) 2.100 2024-376 6"and 8" 8"PVC 1,159
Benbrook Rd.to Hwy 2024-376 and 24"
183
Willis Ave.from Old 2036-356 8"and 12" 12"(PVC) 1,450
Benbrook Rd.to Hwy 2036-352 and 24"
183
Willis Ave.from Old 2066-352 8"and 12" 24"(PVC) 3,550
Senbrook Rd.' Hwy. 2072.352 and 24"
183
Total 77100 ft. Total 1,15911
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
PART A— PRE-ENGINEERING
1.Initial Data Collection
a.Pre-Design Coordination Meetings
ENGINEER will attend and document meetings, as required, to discuss and coordinate various
aspects of the project and to ensure that the project stays on schedule. For
purposes of establishing a level of comfort, two (2) meetings are anticipated. These
include the following:
EA1-1
One (1) pre-design kick-off meeting, (including the CITY's Department of Engineering and other
departments that are impacted by the project).
One (1) review meeting at completion of the City's review of the conceptual engineering plans.
b.Data Collection
In addition to data obtained from the City, ENGINEER will research and make efforts to obtain
pertinent information to aid in coordination of the proposed improvements
with any planned future improvements that may influence the project.
ENGINEER will also identify and seek to obtain data for existing conditions
that may impact the project including; utilities, City Master plans, property
ownership as available from the Tax Assessor's office.
The data collection efforts will also include conducting special coordination meetings with affected
property owners and businesses as necessary to develop sewer re-routing
plans.
The following shall be applicable at all locations where it is necessary to relocate or reroute the
existing private sanitary sewer service line due to the abandonment or
realignment of the existing public sanitary sewer lateral or main:
The CITY shall furnish the Engineer with a sample format of how the sewer service line
reroute/relocation should be designed and submitted for construction.
During design survey, if a rod can be inserted through the cleanout to the
bottom of the service line, the Engineer will obtain the flow line elevation
and design the service line prior to advertising the project for bid. If the
service flow line information cannot be obtained during design survey, the
Engineer shall delay the design of the sewer service line until the start of
construction. The CITY will direct the Contractor to de-hole the service line
at the clean-out location of all buildings or structures so that the Engineer or
surveyor can determine the flow line of the sewer service line after
contract(s) for the construction of the project have been awarded, but prior
to the construction of any sanitary sewer lateral or main which will require
the reroute/relocation of existing public and private sanitary sewer service
lines. The Engineer shall then use this information to provide the design for
the sanitary sewer service line to be rerouted or relocated.
c.Coordination with Other Agencies
During the concept phase the ENGINEER shall coordinate with all utilities, including utilities owned
by the City, TxDOT and railroads. These entities shall also be contacted if
EA1-2
applicable, to determine plans for any proposed facilities or adjustment to
existing facilities within the project limits. The information obtained shall be
shown on the concept plans. The ENGINEER shall show the location of the
proposed utility lines, existing utility lines and any adjustments and/or
relocation of the existing lines within the project limits. ENGINEER shall
complete all forms necessary for City to obtain permit letters from TxDOT
and railroads and submit such forms to the City. City shall be responsible
for forwarding the forms to the affected agencies for execution.
2. Monthly Progress Report and Neighborhood Newsletter
a.The ENGIENER shall submit a progress schedule after the design contract is fully
executed. The schedule shall be updated and submitted to the CITY along with
monthly progress report as required under Attachment B of the contract.
b.ENGINEER will prepare a quarterly newsletter detailing the status of the project for
distribution to the affected Neighborhood Association. The newsletter will be reviewed
and approved by the City prior to distribution.
PART B - CONSTRUCTION PLANS AND SPECIFICATIONS
1.Conceptual Engineering
i.Surveys for Design
b.ENGINEER will perform field surveys to collect horizontal and vertical
elevations and other information which will be needed for use by the
ENGINEER in design and preparation of plans for the project.
Information gathered during the survey shall include topographic
data, elevations of all sanitary and adjacent storm sewers, rim/invert
elevations, location and buried utilities, structures, and other features
relevant to the final plan sheets. For sewer lines located in alleys or
backyards, ENGINEER will obtain the following:
Obtain permission for surveying through private property.
Locate horizontal and vertical alignment of utility lines. Tie
improvements, trees, fences, walls, etc., horizontally along rear lines
EA1-3
in an approximately 20' wide strip. In addition, locate all rear house
corners and building corners in backyards.
Profile existing water and/or sewer line centerline.
Compile base plan from field survey data at 1"-40' scale.
Obtain permission for surveying through private property. Locate
horizontal and vertical alignment of utility lines. The improvements,
trees, fences, walls, etc., horizontally along rear lot lines in an
approximately 20'wide strip. In addition, locate all rear house corners
and building corners in backyards. Compile base plan from field
survey data at 1" = 40' horizontal and 1" = 4' vertical scale.
When conducting design survey at any location on the project, the
consultant or its sub-consultant shall carry readily visible information
identifying the name of the company and the company
representative. All company vehicles shall also be readily identified.
c.Engineer Will Provide The Following Information:
All plans, field notes, plats, maps, legal descriptions, or other
specified documents prepared in conjunction with the requested
services shall be provided in a digital format compatible with the
electronic data collection and computer aided design and drafting
software currently in use by the CITY Department of Engineering.
All text data such as plan and profile, legal descriptions, coordinate
files, cut sheets, etc., shall be provided in the American Standard
Code for Information Interchange (ASCII) format, all drawing files
shall be provided in MicroStation (DGN) or Autocad (DWG or DXF)
format (currently Release 2002), or as otherwise approved in writing
by the CITY, and all data collected and generated during the course
of the project shall become the property of the CITY.
The minimum information to be provided in the plans shall include
the following:
1.A Project Control Sheet, showing ALL Control Points, used or set
while gathering data. Generally on a scale of not less than
1:400:
2.The following information about each Control Point;
EA1-4
a.Identified (Existing City Monument#8901, PK Nail, 5/8"
Iron Rod)
b.X, Y and Z Coordinates, in an identified coordinate
system, and a referred bearing base. Z coordinate
on City Datum only.
c.Descriptive Location (Ex. Set in the centerline of the inlet
in the South curb line of North Side Drive at the East
end of radius at the Southeast corner of North Side
Drive and North Main Street).
3.Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in
the same coordinate system, as the Control.
4.No less than two horizontal control points, per line or location.
5.13earings given on all proposed centerlines, or baselines.
6.Station equations relating utilities to paving, when appropriate.
7.Obtain the "foot print" of all properties where the sanitary sewer
service line is to be relocated or rerouted.
iii.Public Notification and Personnel/Vehicle Identification
Prior to conducting design survey, ENGINEER will notify affected
residents of the project in writing. The notification letter shall be on
company letterhead and shall include the following: project name,
limits, DOE project no., Consultant's project manager and phone
no., scope of survey work and design survey schedule. The letter
will be reviewed and approved by the City prior to distribution.
When conducting site visits to the project location, the consultant or
any of its sub-consultants shall carry readily visible information
identifying the name of the company and the company
representative. All company vehicles shall also be readily
identifiable.
iv.Conceptual Engineering Plan Submittal
EA1-5
a.Conceptual plans shall be submitted to City 60 days after Notice to Proceed Letter is
issued.
b. The ENGINEER shall perform conceptual design of the
proposed improvements and furnish four (4) copies of the
concept engineering plans which includes layouts,
preliminary right-of-way needs and cost estimates for the
ENGINEER's recommended plan. ENGINEER shall perform
remaining field surveys required for final design of selected
route(s). The ENGINEER shall also evaluate the phasing of
the water, sanitary sewer, street and drainage work, and
shall submit such evaluation in writing to the City as a part of
the concept phase of the project. All design shall be in
conformance with Fort Worth Water Department policy and
procedure for processing water and sewer design.
ENGINEER shall review the City's water and sewer master
plan and provide a summary of findings pertaining to the
proposed project.
2.Preliminary Engineering
Upon approval of Part B, Section 2, ENGINEER will prepare preliminary construction plans as
follows:
a. Overall water and/or sanitary sewer layout sheets and an
overall easement layout sheet(s).
b. Preliminary project plans and profile sheets which show the
following: Proposed water and/or sanitary sewer plan/profile
and recommended pipe size, fire hydrants, water service
lines and meter boxes, gate valves, isolation valves and all
pertinent information needed to construct the project. Legal
description (Lot Nos., Block Nos., and Addition Names)
along with property ownership shall be provided on the plan
view.
c.For sewer lines, pipelines schedule for point repairs, rehabilitation
and replacement will be located on the base sheets
prepared from survey information gathered under Part B,
Section 2. Conflicts shall be resolved where pipelines are to
be rehabilitated on the same line segment. Base sheets
shall reference affected or adjacent streets. Where open-cut
construction is anticipated, below and above ground utilities
EA1-6
will be located and shown on the base sheets.
d.Existing utilities and utility easements will be shown on the plan
and profile sheets. ENGINEER will coordinate with utility
companies and the City of Fort Worth to determine if any
future improvements are planned that may impact the
project.
e.The design for sewer service line reroute/relocation will be
provided if the flow line elevation of the sewer service can
be determined from the cleanout location. If this elevation
cannot be determined during design survey, the design
shall be provided after award of the construction contract
as specified in Section A, Part 1 b.
f.The ENGINEER shall make provisions for reconnecting all water
and/or wastewater service lines which connect directly to
any main being replaced, including replacement of existing
service lines within City right-of-way or utility easement.
When the existing alignment of a water and sanitary sewer
main or lateral is changed, provisions will be made in the
final plans and/or specifications by the ENGINEER to
relocate all service lines which are connected to the
existing main and connect said service lines to the
relocated main.
g.The ENGINEER will prepare standard and special detail sheets
for water line installation and sewer rehabilitation or
replacement that are not already included in the D-Section
of the City's specifications. These may include connection
details between various parts of the project, tunneling
details, boring and jacking details, waterline relocations,
details unique to the construction of the project, trenchless
details, and special service lateral reconnections.
h.Right-of-Way Research
The ENGINEER will conduct preliminary research for
availability of existing easements where open-cut
construction or relocation of existing alignments is probable.
Temporary and permanent easements will be appropriated
EA1-7
based on available information and recommendations will be
made for approval by the City.
i.Rig ht-of-way/Easement Preparation and Submittal
Preparation and submittal of right-of-way, easements and
rights-of-entry will be in conformance with "Submittal of
Information to Real Property for Acquisition of Property'.
j.Utility Clearance Phase
The ENGINEER will consult with the City's Water
Department, Department of Engineering, and other CITY
departments, public utilities, private utilities and government
agencies to determine the approximate location of above
and underground utilities, and other facilities that have an
impact or influence on the project.
ENGINEER will design City facilities to avoid or minimize
conflicts with existing utilities.
The ENGINEER shall deliver a minimum of 13 sets of
approved preliminary construction plans to the City's Utility
Coordinator for forwarding to all utility companies, which
have facilities within the limits of the project.
k.Preliminary construction plan submittal
i.Preliminary plans and specifications shall be submitted to
City 60 days after approval of Part B, Section 2.
ii.The ENGINEER shall deliver two (2) sets of preliminary
construction plans and two (2) sets of specifications
and contract documents to CITY for review.
Generally, plan sheets shall be organized as follows:
Cover Sheet
Easement layout (if applicable)
Plan & Profile Sheets
Standard Construction Details
Special Details (If applicable)
EA1-8
iii.The ENGINEER shall submit a preliminary estimate of
probable construction cost with the preliminary plans
submitted. ENGINEER shall assist City in selecting
the feasible and/or economical solutions to be
pursued.
I.Review Meetings with City
The ENGINEER shall meet with CITY to discuss review
comments for preliminary submittal. The CITY shall direct the
ENGINEER in writing to proceed with Final Design for Final
Review.
m.Public Meeting
After the preliminary plans have been reviewed and approved
by the City, the ENGINEER shall prepare project exhibits,
provide the CITY with the database listing the names and
addresses of all residents and business to be affected by the
proposed project, and attend public meeting to help explain the
proposed project to residents. The CITY shall mail the invitation
letters.
3.Final Engineering Plan Submittal
a.Final Construction Documents shall be submitted to CITY 60 days after approval of Part B,
Section 4.
Following CITY approval of the recommended improvements, the ENGINEER shall prepare final
plans and specifications and contract documents to CITY (each sheet shall
be stamped, dated, and signed by the ENGINEER) and submit two (2) sets
of plans and construction contract documents within 15 days of CITY's final
approval. Plan sets shall be used for Part C activities.
b.ENGINEER's Estimate of Probable Construction Cost
The ENGINEER shall submit a final estimate of probable construction cost with the final plans
submitted.
PART C - PRE-CONSTRUCTION ASSISTANCE
EA1-9
Administration
a.Deliver Bid Documents
The ENGINEER will make available for bidding, upon request by the CITY, up to forty (40) sets of
the final approved and dated plans and specifications and contract documents for
the projects to the CITY for distribution to potential bidders. Proposal will be
delivered in electronic format.
b.Bidding Assistance
The ENGINEER shall assist the CITY during phase including preparation and delivery of addenda
to plan holders and responses to questions submitted to the DOE by prospective
bidders. Engineer shall attend the scheduled pre-bid conference.
The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The
ENGINEER shall attend the project bid opening develop bid tabulations in hard
copy and electronic format and submit four (4) copies of the bid tabulation.
c.Assistance During Construction
The ENGINEER shall attend the pre-construction conference for the project. The ENGINEER shall
also consult with and advise the CITY on design and/or construction changes, if
necessary.
EAI-IO
ATTACHMENT"B"
COMPENSATION AND PAYMENT SCHEDULE (LUMP SUM)
Water and Sanitary Sewer Replacement Contract 2003, STM-B
D.O.E. No. 4057
Water Project No. PW53-060530177730
Sewer Project No. PS58-070580176060
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of$84,712.00 as summarized in Exhibit"B-3".
Payment of the total lump sum fee shall be considered full compensation for the services described in
Attachment"A"and Exhibit"A-1"for all labor materials, supplies and equipment necessary to complete the
project.
B. The Engineer shall be paid in four partial payments as described in Exhibit"13-1" upon receipt of four individual
invoices from the Engineer. In this regard,the Engineer shall submit invoices for four partial payments as
described in Exhibit"B-1", Section 1-Method of Payment, Items a to d.
Each invoice is to be verified as to its accuracy and compliance with the terms of this Contract by an officer of
the Engineer.
ll. Schedule
A. Final Phase I Plans shall be submitted within 360 calendar days after the "Notice to Proceed" letter is issued.
EXHIBIT"B-1"
(SUPPLEMENT TO EXHIBIT B)
Water and Sanitary Sewer Replacement Contract 2003,STM-13
D.O.E. No.4057
Water Project No. PW53-060530177730
Sewer Project No. PS58-070580176060
Method of Payment
The Engineer shall be paid monthly on the basis of statements prepared from the
books and records of account of the Engineer.
The aggregate of such monthly partial payments shall not exceed the following:
Until satisfactory completion of Exhibit A-4, Phase N, Part A hereunder, a sum
not to exceed 40 percent of the maximum fee.
Until satisfactory completion of Exhibit A-4, Phase N, Part A hereunder, a sum
not to exceed 75 percent of the maximum fee, less previous payments.
Until satisfactory completion of Exhibit A-4, Phase N1, Part A hereunder, a sum
not to exceed 95 percent of the maximum fee, less previous payments.
Balance of earnings to be due and payable after the pre-construction meeting for the
project.
An officer of the ENGINEER shall verify the accuracy of each invoice submitted which
shall comply with the terms of this agreement.
II. Progress Report
A. The Engineer shall submit to the designated representative of the Director of the
Department of Engineering monthly progress reports covering all phases of
design by the 15"'of every,month in the format required by the City.
B. If the Engineer determines in the course of making design drawings and specifications that the
opinion of probable cost of$932,993 (as estimated in Exhibit"B-3'D will be exceeded,whether by
change in the scope of the project, increased cost or other conditions,the Engineer shall
immediately report such fact to the City s Director of the Department of Engineering and, if so
instructed by the Director of the Department of Engineering shall suspend all
work hereunder.
exhibit b-I.doc
rev.04/23/97
EXHIBIT"B-1"
•
EXHIBIT B-2
(SUPPLEMENT TO ATTACHMENT B)
HOURLY RATE SCHEDULE
Water and Sanitary Sewer Replacement Contract 2003, STM-B
D.O.E. No. 4057
Water Project No. PW53-060530177730
Sewer Project No. PS58-070580176060
Employee Classification Rate/Hour (Range)
Principal $ 149-165
Project Manager/ Planner $ 119-134
RPLS $ 100-114
Design Engineer $ 98-107
Designer/ CAD Operator $ 78-85
Survey Technician $ 70-79
Draftsman $ 65-72
Clerical $ 45-50
Survey Crew (3 man) $ 120-129
Reimbursable Cost+ 10%
Mileage $ 0.35 Per Mile
Reproduction work will be at current commercial rates. Subcontractors will be paid for at actual invoice
cost plus ten percent (909,o).
a
EXHIBIT B-3
(SUPPLEMENT TO ATTACHMENT B)
DESIGN FEE COST SUMMARY
Water and Sanitary Sewer Replacement Contract 2003, STM-B
D.O.E. No. 4057
Water Project No. PW53-060530177730
Sewer Project No. PS58-070580176060
TOTAL FEE PROPOSED $84,712
Proposed M/WBE Subconsultants Services Fees % of Contract
Gorrondona& Associates, Inc. Design Surveying $13,000 15%
Trevino & Associates, Inc. Reproduction $ 3,850 5%
EXHIBIT B-3A
(SUPPLEMENT TO ATTACHMENT B)
SUMMARY OF DESIGN FEES
Water and Sanitary Sewer Replacement Contract 2003, STM-B
D.O.E.No.4057
Water Project No. PW53-060530177730
Sewer Project No. PS58-070580176060
June 10,2003
Mr. Tony Sholola, PE
Consultant Services Division
Department of Engineering
City of Fort Worth
1000 Throckmorton St.
Fort Worth,Texas 76102-6311
Reference: Water and Sanitary Sewer Replacement Contract 2003-STM-B
D.O.E. No. 4057
Water Project No. PW53-060530177730
Sewer Project No. PS58-070580176060
Dear Mr. Sholola:
We appreciate the opportunity to present this proposal and fee schedule for your consideration.Attached
please find construction cost estimates, schedule, and exhibits depicting the scope of work.
We propose to complete the proposed work in accordance with the following fee schedule:
Estimated Construction Costs Water Main $775,726 (88%)
Sewer Main $107,030 (12%)
TOTAL $882,756
1. Basic Engineering Fee based on % of construction (T.S.P.E. Curve)
Percentage = 7.7%
(0.077)(0.85)($882,756)= $57,777
+ 10% Survey Sub (0.10)($13,000) = $ 1,300
+ 10% Printing Sub (0.10)($3,850) = $ 385
Total Basic Engineering = $59,462
v3,G/13/2F03 14: 1'= 318-2111709 HTE ASSOCIATES ?NC PAGE 02/02
Exhibit B-3 A
Mr.Tony Sholola,P.E.
May 6,2003
Paco 2
Basic Englneedng (% of Construction Cost) I S 59,462
Special Services
Basic Design Surveys $ 13,DD0
As-Built Drawings $ 1,040
Prapare Exhlbits for and attend 2
Public Moadngs $ 1,000
SWPPP $ 3,500
SUBTOTAL $18,500
Construction Services
Pre-Construction Phase
Pre-Construeon Meeting $ 240
Bid Opening $ 200
Bid Tabulations $ 500
SUBTOTAL $ 900
Post-Construction
Final Inspection and Report $ 1,000
Reproduction (35 sheets/set)
14 Sets of Preliminary Plans(util, clear.) $ 575
45 Sets of Constrticdon Plans $ 1,575
45 Se&of Specifications (125 sheets) $ 1,350
1 Sat Mylars $ 350
SUBTOTAL $ 3,850
"Esdmated using 35 sheets per plan
Consttuadon Services $ N/A
Rail Road Permit $ 1,000
TOTAL NOT-TO-EXCEED $ 84,712
Water $74,547(88%)
Sewer $10,165 (12%)
I
We will be using Gorrondone &Associates, Inc.for the design surveys an¢Trevino &Associates, Inc. for
roproductlon for a total M/WBE participation of 20%.
If you have any questlona or require additional Information, please glue me a call.
Sincerely,
NTB Associates, Inc.
Mark A,Jusselln, PE
Principal
EXHIBIT"B,5"
(SUPPLEMENT TO ATTACHMENT B)
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2003STM-B
DOE NO.4057
WATER PROJECT NO. PW 53-060530177730
SEWER PROJECT NO. PS 58-070580176060
Item Description Unit Qty Price Cost
Water Line Construction
1 8-inch PVC DR14 Water Line (including remove/abandon existing pipe) LF 2,100 $22.00 $46,200
2 12-inch PVC DR14 Water Line(including remove/abandon existing pipe) LF 1,450 $32.00 $46,400
3 24-inch PVC DR14 Water Line(including remove/abandon existing pipe) LF 3,550 $81.00 $287,550
4 6-inch Gate Valve with Box EA 10 $600.00 $6,000
5 8-inch Gate Valve with Box EA 6 $750.00 $4,500
6 12-inch Gate Valve with Box EA 4 $850.00 $3,400
7 24-inch Gate Valve with Box EA 9 $1,600.00 $14,400
8 Standard Fire Hydrant Assembly 0'-6' Depth) EA 10 $1,600.00 $16,000
9 Remove Existing Fire Hydrant Assembly EA 1 2 $300.00 $600
10 Cast Iron/Ductile Iron Fittings TON 4 $2,900.00 $11,600
11 1-inch Water Service Lateral Taps to Main EA 95 $300.00 $28,500
12 1-inch Coper Service, Main to Meter LF 3,325 $13.00 $43,225
13 Class A Meter Box EA 50 $90.00 $4,500
14 Class B Meter Box EA 45 $94.00 $4,230
15 2-inch Pipe and Fittings for Temporary Service, Entire Project LS 1 $6,000.00 $6,000
16 2-inch HMAC Permanent Pavement Replacement LF 8,300 $20.00 $166,000
17 Permanent Concrete Pavement Repair SY 100 $50.00 $5,000
18 Remove Concrete Driveway and Sidewalk SY 70 $35.00 $2,450
19 Construct 4" Reinforced Concrete Sidewalk SY 70 $45.00 $3,150
20 Trench Safe for Water Construction G.T. 5' Depth) LF 2,500 $1.00 $2,500
21 Grass Sod for Water Services SY 500 $6.00 $3,000
Subtotal $705,205
Contingency(10%) $70,521
Subtotal Water Improvements $775,726
Sanitary Sewer Construction
1 8-inch Sanitary Sewer, all depths LF 1,200 $25.00 $30,000
2 4-inch Sanitary Sewer Line LF 1,400 $15.00 $21,000
3 4-inch Sanitary,Sewer Taps EA 40 $275.00 $11,000
4 Two-way Sanitary Sewer Service Cleanouts EA 20 $195.00 $3,900
5 Remove Existing Manholes EA 1 5 $300.00 $1,500
6 Standard 48-inch Sewer Manhole 0-6EA 5 $1,600.00 $8,000
7 Extra Depth Over 6' Deep VF 12 $100.00 $1,200
8 Vacuum Test Sewer Manholes EA 5 $100.00 $500
9 Watertight Gasketed Manhole Insert EA 5 $100.00 $500
10 Concrete Manhole Collars EA 5 $300.001 $1,500
11 Re alce Concrete Drives SY 100 $65.00 $6,500
12 Trench Safety System for Sewer Construction G.T. 5'Depth) LF 600 $1.00 $600
13 2-inch HMAC Permanent Pavement Replacement LF 1 1,200 $6.00 $7,200
14 Post Construction TV Inspection of Sanitary Sewer Pie LF 1,200 $2.00 $2,400
15 Grass Sod for Sewer Services SY 250 1 $6.00 $1,500
Subtotal $97,300
Contingency(10%) $9,730
Subtotal Sewer Improvements $107,030
Total Water and Sewer Construction $882,756
ATTACHMENT C
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHEMENT A
Water and Sanitary Sewer Replacement Contract 2003, STM-13
D.O.E. No. 4057
Water Project No. PW53-060530177730
Sewer Project No. PS58-070580176060
There are no changes and amendments to Standard Agreement and Attachment A.
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(COUNCIL DISTRICT 3)
WILLIS AVE .
(CLD BENBROOK ROAD - TEXAS PACIFIC R. R. )
ATTACHMENT E (SHEET 1 OF 5)
WATER MAIN IMPROVEMENTS
WATER & SEWER REPLACEMENT CONTRACT 2003, STM - B
SCALE 1" = 500'
SWR 2012-376,2018-376
MAPSCO: 73Z & 74W,X
NTB ASSOCIATES,INC.
ENGINEERS
SURVEYORS—PLANNERS WTR PROJ. NO. PW53-060530177730
1203 LAKE STREET
SUITE 217 SWR PROD. NO. PS58-070580176060
FT WORTH, TEXAS
(817)885-8411 DOE NO. 4057
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WILLIS AVE .
(TEXAS PACIFIC R. R . - SOUTHWEST BLVD. )
ATTACHMENT E (SHEET 2 OF 5)
WATER MAIN IMPROVEMENTS
WATER & SEWER REPLACEMENT CONTRACT 2003, STM - B
SCALE 1 " = 500'
SWR 2012-376,2018-376
MAPSCO 73-74
NTB ASSOCIATES,INC.
ENGINEERS
SURVEYORS—PLANNERS
1203 LAKE STREET WTR PROJ. NO. PW53-060530177730
SUITE 217
FT WORTH, TEXAS SWR PROJ. NO. PS58-070580176060
(817)885-8411 DOE NO. 4057
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ATTACHMENT E (SHEET 3 OF 5)
WATER MAIN IMPROVEMENTS
WATER & SEWER REPLACEMENT CONTRACT 2003, STM - B
SCALE 1" = 500'
SWR 2012-376,2018-376
MAPSCO: 73Z & 74W,X
NTB ASSOCIATES,INC.
ENGINEERS
SURVEYORS—PLANNERS
1203 LAKEE STREET WTR PROJ. NO. PW53-060530177730
SUITE 217 SWR PROJ. NO. PS58-070580176060
FT WORTH, TEXAS
(817)88.9-8411 DOE NO. 4057
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ATTACHMENT E (SHEET 4 OF 5) #
WATER MAIN IMPROVEMENTS
WATER 8c SEWER REPLACEMENT CONTRACT 2003, STM - 13
SCALE 1 " = 500'
SWR 2012-376,2018-376
MAPSCO 73-74
NTB ASSOCLATES,INC.
ENGINEERS
SURVEYORS—PLANNERS 3LAKE STREET WTR PROJ. NO. PW53-0605301 77730
su!rE zip
FT WORTH, TEXAS SWR PROD. NO. PS58-070580176060
(817)885-6411 1DOE NO. 4057
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WILLIS AVE .
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ATTACHMENT E (SHEET 5 OF 5) `
SEWER MAIN IMPROVEMENTS
WATER & SEWER REPLACEMENT CONTRACT 2003, STM - 5
SCALE 1 " = 500'
SWR 2012-376,2018-376
MAPSCO 73-74
NTB ASSOCIATES,INC.
ENGINEERS
SURVEYORS—PLANNERS 103LAKESTREES WTR PROJ. NO. PW53-060530177730
suirE 217 TE
FT WORTH, TEXAS SWR PROJ. NO. PS58-070580176060
(817)885-8411 DOE NO. 4057
City of Fort Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBERLOG NAME PAGE
8/7/03 **C-19692 30STM-132003 1 of 2
SUBJECT APPROPRIATION ORDINANCE AND ENGINEERING AGREEMENT WITH NTB
ASSOCIATES, INC. FOR WATER AND SANITARY SEWER REPLACEMENT
CONTRACT 2003 STM-B
acr,nRARAPKinoTlnN-
It is recommended that the City Council:
1. Authorize the transfer of$88,712.00 from the Water and Sewer Operating Fund to the Water Capital
Project Fund in the amount of $77,546.56, and the Sewer Capital Project Fund in the amount of
$11,165.44 from available funds; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Project Fund in the amount of$77,546.56, and the Sewer Capital Project Fund in the
amount of$11,165.44 from available funds-, and
3. Authorize the City Manager to execute an engineering agreement with NTB Associates, Inc. in the
amount of$84,712.00 for Water and Sewer Replacement Contract 2003 STM-B.
DISCUSSION:
The project consists of the preparation of plans and specifications for water and sanitary sewer line
replacements on Willis Avenue, from Old Benbrook Road to Southwest Boulevard. Under a separate
contract, the affected segment of the street will be overlayed with asphalt after the proposed
improvements are complete.
NTB Associates, Inc. proposes to perform the design work for a lump sum fee of $84,712.00. Staff
considers this fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount, $4,000.00 (water- $3,000.00, sewer- $1,000.00) is required for
project management by the Engineering Department.
NTB Associates, Inc. is in compliance with the City's M/WBE Ordinance by committing to 20%
participation. The City's goal on this project is 20%.
The project is located in COUNCIL DISTRICT 3, Mapsco 73Z and 74W and X.
City of Fort Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/7/03 **C-19692 30STM-132003 2 of 2
SUBJECT APPROPRIATION ORDINANCE AND ENGINEERING AGREEMENT WITH NTB
ASSOCIATES, INC. FOR WATER AND SANITARY SEWER REPLACEMENT
CONTRACT 2003 STM-B
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and completion of recommendation No. 1 and
adoption of the attached appropriation ordinance, funds will be available in the current capital budgets,
as appropriated, of the Water and Sewer Capital Project Funds.
MO:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
1&2) PW53 472045 060530177770 $77,546.56
Marc Ott 8476 1&2) PS58 472045 070580176100 $11,165.44
Originating Department Head: 2)PS58 531200 070580176100 $10,165.44
2) PS58 531350 030580176100 $ 1,000.00
2) PW53 531200 060530177770 $74,546.56 APPROVED 8n103
2) PW53 531350 030530177770 $ 3,000.00 ORDINANCE#15634
Douglas Rademaker 6157 (from)
1)PE45 538070 0609020 $77,546.56
Additional Information Contact: 1)PE45 538070 0709020 $11,165.44
3) PW53 531200 060530177770 $74,546.56
Douglas Rademaker 6157 3) PS58 531200 070580176100 $10,165.44