HomeMy WebLinkAboutContract 30119 CITY OF FORT WORTH, TEXAS ;. ITV SECRETARY
STANDARD AGREEMENT FOR ENGINEERING SERVR%9RACT NO . j C'
This AGREEMENT is between the City of Fort Worth (the "CITY"), and APM &
Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as: Water and
Sanitary Sewer Replacement Contract 2004 STM-C.
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 delays or
damages caused the CITY because of such suspension of services.
NOW-
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto_
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. 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 mariner 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
Page 2 of 14
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
ENGINEERING CONTRACT
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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 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 alternative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may
also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the 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�a Proves.-,such
exclusions.
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I .
(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) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood that
insurance cost is an allowable component of ENGINEER's overhead.
(1) All insurance required in section K, except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When subconsultants
maintain insurance coverage, ENGINEER shall provide CITY with
documentation thereof on a certificate of insurance. Notwithstanding
anything to the contrary contained herein, in the event a
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 pem-iit 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 qu lified
subcontractor to manage the remediation activities ` f the.PRO'J€CT4;
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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-Fumished 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
ENGINEERING CONTRACT i
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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, attorney's fees and
litigation expenses arising out of or relating to the presence, discharge,
release, or escape of hazardous substances, contaminants, or asbestos on
or from the PROJECT. Nothing contained herein shall be construed to
require the CITY to levy, assess or collect any tax to fund this
indemnification.
(2) The indemnification and release required above shall not apply in the event
the discharge, release or escape of hazardous substances, contaminants, or
asbestos is a result of ENGINEER'S negligence or if such hazardous
substance, contaminant or asbestos is brought onto the PROJECT by
ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for contractor's
negligence.
H. Contractor Claims and 'third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary of
any undertaking by the ENGINEER."
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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 wi I I 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.
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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.)
roduct;b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services,-
c.)
ervices;c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the.CITY'S termination for convenience so that
the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECTS schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
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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 attomey'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 6day of 2004.
ATTEST: C_I-Fy OF FORT W
Sylvi Glover Marc. A. tt
Acting City Secretary Assistant City Manager
C --- a-aj G I
`
Contract Authorizatioa APPROVAL RECOMMENDED
—
LQO�� P• Q�
gate A. Douglas Rademaker, P.E.
Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
Assistant 6'iy Attorney
APM &ASSOCIATES, INC
ENGINEER
By:
Afisu . labimtan, P.E.
President
7?
ENGINEERING CONTRACT
Page 14 of 14
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: WATER AND/OR SANITARY SEWER IMPROVEMENTS
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 Sanitary Sewer Replacement Contract 2004 STM-C
Water Project No. PW53-060530177920
Sewer Project No. PS58-070580176300
DOE No. 4430
Water Sewer
Street Paving
Water Map Existing Proposed Length Sewer Existing Size(in.) Proposed Length Recommendation
No. Size Size(in.) (ft.) Map No. Size(in.) (ft.)
in.
Deewood Court(Mims 2084-388 4"(Cl) 6" (PVC) 175 2084-388 L-7016: 6"(CLAY) 8"(PVC) 160 MOL(Permanent
Street to W. Dead 2090-388 2090-388 Pavement Repair)
End
Greenmeadow Court 2084-388 4"(Cl) 6"(PVC) 175 2084-388 L-7015: 6"(CLAY) 8"(PVC) 157 MOL(Permanent
(Mims Street to W. 2090-388 2090-388 Pavement Repair)
Dead End
Mims Street(Beaty 2090-388 6"(Cl) 8"(PVC) 1,750 2090-388 L-3072:6"(CLAY) 8"(PVC) 1,006 MOL(Permanent
Street to Routt Street) L-7013: 6"(CLAY) 8"(PVC) Pavement Repair)
L-7166:6" CLAY 8" PVC
Randol Mill Road 2084-404 2"(0) 8"(PVC) 2,200 2084-404 _ _ ___ __— OL(Permanent
(Old Randol Mill Road 2090-404 2090-404 — Pavement Repair)
to Trinity Court
Sandy Lane 2090-392 16"(Cl) 16"(DI or 4,800 2090-392 ___ ___ ___ POL(Temporary
(Meadowbrook Drive to 2090-396 CONC.) 2090-396 Pavement Repair)
1-30 Service Road
Total LF Water 9,100 Total LF Sewer 1,323
EA1-1
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: WATER AND/OR SANITARY SEWER IMPROVEMENTS
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 Sanitary Sewer Replacement Contract 2004 STM-C
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:
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.
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The data collection efforts will also include conducting _1 special
coordination meeting 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 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. EIVGINEER 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.
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2. Monthly Progress Report and Neighborhood Newsletter
a. The ENGINEER 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
a. 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
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"-20' 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
EA1-4
survey data at 1" = 20' horizontal and 1" = 2' 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.
b. 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;
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 SideDriveat the
East end of radius at the Southeast corner of North
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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. Bearings 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.
H. 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.
iii. Conceptual Engineering Plan Submittal
a. Conceptual plans shall be submitted to City 6_ days after
Notice to Proceed Letter is issued.
EA1-6
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
EA1-7
above ground utilities 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.
EAl-8
Temporary and permanent easements will be appropriated
based on available information and recommendations will
be made for approval by the City.
i. Right-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:
i
EA1-9
Cover Sheet
Easement layout (if applicable)
Plan & Profile Sheets
Standard Construction Details
Special Details (If applicable)
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
Administration
a. Deliver Bid Documents
The ENGINEER will make available for bidding, upon request by the CITY, up to
fifty (50) 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.
EAl-11
ATTACHMENT "B"
COMPENSATION AND PAYMENT SCHEDULE (LUMP SLIM)
WATER AND SANITARY SEWER REPLACEMENT
CONTRACT 2004 — STM-C
i. Compensation
A. The Engineer shall be compensated a total lump sum fee of $121,061.25 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 "B-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.
II. Schedule
A. Final Phase I Plans shall be submitted within 360 calendar days after the "Notice to
Proceed" letter is issued.
EXHIBIT "13-1"
(SUPPLEMENT TO ATTACHMENT B)
METHOD OF PAYMENT AND PROGRESS REPORT REQUIREMENT
WATER AND SANITARY SEWER REPLACEMENT
CONTRACT 2004— STM-C
I. Method of Payment
The Engineer shall be paid in four partial payments as outlined below:
Partial Payment Number 1, which shall be equivalent to 40% of the total lump sum fee, shall
be payable after City approval of Exhibit "A-11", Part B, Section 1, Conceptual Design
Summary Report.
Partial Payment Number 2, which shall be equivalent to 75% of the total lump sum fee, less
previous payments, shall be payable after City approval of Exhibit "A-1", Part B, Section 2,
Preliminary Submittal to City.
Partial Payment Number 3, which shall be equivalent to 90% of the total lump sum fee, less
previous payments, shall be payable after City approval of Exhibit "A-11", Part B, Section 3,
Final Construction Documents.
Partial Payment Number 4, which shall represent the balance of earnings, less previous
payments, shall be payable after all of the pre-construction meetings for the Project have been
conducted.
II. Progress Reports
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 15th 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 $1,060.000.00 (as estimated in Exhibit "B-5") 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-3"
(SUPPLEMENT TO ATTACHMENT B)
SUMMARY OF TOTAL PROJECT FEES
WATER AND SANITARY SEWER REPLACEMENT
CONTRACT 2004— STM-C
Mr. Liam Conlon, P.E. April 23, 2004
Project Manager
Department of Engineering
City of Fort Worth
900 Monroe Street, 2nd Flr.
Fort Worth, TX 76102
RE: Water and Sanitary Sewer Replacement Contract 2004 — STM-C
DOE Project No. 4430, Water Project No. PW53-060530177920
Sewer Project No. PS58-070580176300
Dear Mr. Conlon:
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 $870,000.00 (82%)
Sewer Main $190,000.00 (18%)
TOTAL $1,060,000.00 (100%)
1. Basic Engineering Fee based on % of construction (T.S.P.E. Curve)
Curve A (8.00%)
Water Sewer
Basic Engineering (8% of Construction Cost x 0.85) $72,080.00 $59,105.60 $12,974.40
Special Services
Public Meetings including exhibits $ 1,000.00 $ 820.00 $ 180.00
Designs Surveys (10,425 L.F. @ $3.25/FT.) $33,881.25 $27,782.62 $ 6,098.63
SWPPP Preparation $4,000.00 $ 3,280.00 $ 720.00
Reproduction*
14 Sets of Preliminary Plans (util, clear.) $ 1,225.00 $ 1,004.50 $ 220.50
50 Sets of Construction Plans $ 4,375.00 $ 3,587.50 $ 787.50
50 Sets of Specifications ($30/EA.) $ 1,500.00 $ 1,230.00 $ 270.00
Mylar $ 500.00 $ 410.00 $ 90.00
*Estimated using 35 sheets per plan
Construction Administration $ 2,500.00 $ 2,060.00 $__ 450.00
TOTAL NOT-TO-EXCEED $121,061.25 $99,270.22 $21,791.03
We will be using ANA Consultants, L.L.C. for Surveying for a total M/WBE Participation of 24%.
If you have any uestions or require additional information, Please give me a call.
Sincerel ,
If
0. 0'Connell, P.E.
Vice President
RLO/sb
EXHIBIT"B-5"
(SUPPLEMENT TO ATTACHMENT B)
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2004-STM-C
Item
Description Unit Qty 11 Price Cost
Water Line Construction
1 6-inch Water Line LF 600 $20.00 $12,000.00
2 8-inch Water Line LF 4000 $25.00 $100,000.00
3 16-inch Water Line LF 4800 $75.00 $360,000.00
4 Standard Fire Hydrant AssemblEA 21 $1,500.00 $31,500.00
5 6-inch Gate Valve EA 21 $500.00 $10,500.00
6 8-inch Gate Valve EA 15 $600.00 $9,000.00
7 16-inch Gate Valve&Vault EA 5 $1,500.00 $7,500.00
8 Blowoff Valve EA 1 $5,000.00 $5,000.00
9 Air Release Valve EA 1 $5,000.00 $5,000.00
10 Cast Iron Fittings TN 3 $3,000.00 $9,000.00
11 Remove Exist. Fire Hydrant EA 10 $300.00 $3,000.00
12 La 2-inch Pipe w/Fittings temp service LS 1 $5,000.00 $5,000.00
13 1-inch Water Service EA 45 $400.00 $18,000.00
14 New Meter Box EA 45 $200.00 $9,000.00
15 HMAC Permanent Pavement Replacement LF 5500 $30.00 $165,000.00
16 Replace Concrete Driveway&Sidewalk LF 150 $10.00 $1,500.00
17 Temporary Pavement Repair LF 5000 $5.00 $25,000.00
18 Permanent Concrete Pavement Repair SF 100 $30.00 $3,000.00
19 Install Concrete Curb and Gutter LF 150 $10.00 $1,500.00
20 Construct 4"Reinforced Conc Sidewalk SF 100 $5.00 $500.00
21 Grass Sodding SY 150 $3.00 $450.00
22 Trench Safety System for Water Construction I LF 8800 $1.00 $8,800.00
Subtotal $790,250.00
Contingency(10%) $79,750.00
Subtotal Water Improvements $870,000.00
Sanitary Sewer Construction
1 8-inch Sanitary Sewer all Depths LF 1360 $30.00 $40,800.00
2 Standard Sewer 48-inch Manhole EA 10 $1,500.00 $15,000.00
3 Extra Depth 48-inch Sanitary Sewer Manhole VF 25 $100.00 $2,500.00
4 Vacuum Test Manhole EA 10 $250.00 $2,500.00
5 Remove Existing Manhole EA 5 $300.00 $1,500.00
6 Watertight Manhole Insert EA 10 $100.00 $1,000.00
7 Manhole Concrete Collars EA 10 $200.00 $2,000.00
8 4"Sanitary Sewer Service LF 300 $150.00 $45,000.00
9 4"Sanitary Sewer Service Tap EA 25 $220.00 $5,500.00
10 Two-way Sanitary Sewer Service Cleanout EA 25 $150.00 $3,750.00
11 HMAC Permanent Pavement Replacement LF 1400 $30.00 $42,000.00
12 Replace Concrete Driveway&Sidewalk LF 150 $10.00 $1,500.00
13 Permanent Concrete Pavement Repair SF 100 $30.00 $3,000.00
14 Install Concrete Curb and Gutter LF 150 $10.00 $1,500.00
15 Construct 4"Reinforced Conc Sidewalk SF 100 $5.00 $500.00
16 Grass Sodding SY 150 $3.00 $450.00
17 Trench Safety System for Sewer Construction LF 1 1360 $1.001 $1,360.00
18 Post Construction TV Ins ection 1 LF 1 1360 1 $2.001 $2,720.00
Subtotal $172,580.00
Contingency(10%) $17,420,00
Subtotal Sewer Improvements $190,000,00
Total Water and Sewer Construction $1,060,000.00
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHEMENT A
WATER AND SANITARY SEWER REPLACEMENT
CONTRACT 2004 -STM-C
There are no changes and amendments to Standard Agreement and Attachment A.
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WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2004 STM-C
PW53-060530/77920 P558-070580/76300
MAPSCO, 8OC-66Y COUNCIL DISTRICT 04
ELLIS
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—— — —— SEE SHEET 2 N
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LEGEND ATTACHMENT E
WATER UNE SHEET OF 3
SEWER LINE ———— SANDY LANE D APM & Associates, Inc.
EX.WATER UNE (MEADOWBROOK DRIVE TO 1-30 SERVICE ROAD 1 `^ei^eery Pic—ers • Surveyors
EX.SEWER UNE — — — — N.T.S.
' WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2004 STM-C
PW53-060530177920 PS58-070580176300
MAPSCO: SOC-66Y COUNCIL DISTRICT =4
G4DR
� FOR CONTINUATION y�SEE SHEET 3
ai iBRENTWOOD STAIRBRENTW --LAURIE DR
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FOR CONTINUATION
SEE SHEET I i
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ELLIS I
LEGEND ATTACHMENT E
WATER UNE SHEET 2 OF 3
SEWER UNE SANDY LANE l[ �n
E X.W A Ea LIE —— (MEADOWBROOK DRIVE TO 1-30 SERVICE ROAD J N.T.S. �� ��® s
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WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2004 STM-C
PW53-060530/77920 PS58-070580176300
MAPSCO: 80C-66Y COUNCIL DISTRICT 04
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DALLAS FT. WORTH INTERSTATE 30
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SEE SHEET 2
- GREEN ACRES DR. j
LEGEND ATTACHMENT E
WATER UNE SHEET 3 OF 3
SEWER UNE ———— SANDY LANE C APM & Associates, inc.
EX.WATER UNEf IIEADOWBROOK DRIVE TO 1-30 SERVICE ROAD ) a t^9^eers . Planners Surveyors
EX.SEWER UNE — — — — N.?.5.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/8/2004
DATE: Tuesday, June 08, 2004
LOG NAME: 30STMC2004 REFERENCE NO.: **C-20104
SUBJECT:
Engineering Agreement with APM & Associates, Inc. for Water and Sanitary Sewer Replacement
Contract 2004 STM-C
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with APM & Associates, Inc. in the amount of$121,061.25 for Water and Sewer Replacement Contract
2004 STM-C.
DISCUSSION:
The project consists of the preparation of plans and specifications for water and sanitary sewer line
replacements as indicated on the following streets:
Street To From Scope of Work
Deewood Court Mims Street W. Dead End water/sewer
Greenmeadow Court Mims Street W. Dead End water/sewer
Mims Street Beaty Street Routt Street water/sewer
Randol Mill Road Old Randol Mill Road Trinity Court water only
Sandy Lane Meadowbrook Drive 1-30 Service Road water only
After the proposed improvements are complete, all streets will be repaired and ovedayed with asphalt.
APM & Associates, Inc. proposes to perform the design work for a lump sum fee of $121,061.25. Staff
considers this fee to be fair and reasonable for the scope of services proposed.
M/WBE - APM & Associates, Inc. is in compliance with the City's M/WBE Ordinance by committing to 26%
M/WBE participation. The City's goal on this project is 20%.
In addition to the contract amount, $6,000.00 (water. $4,000.00, sewer. $2,000.00) is required for project
management by the Engineering Department.
The project is located in COUNCIL DISTRICTS 4 and 5, Mapsco 66K, 66L, 66Y, 80C, 80F and 80K.
http://www.cfwnet.org/council_packet/Reports/mc_pn nt.asp 6/9/2004
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds will be available in the current capital budgets, as appropriated, of
the Water and Sewer Capital Project Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
PW53 531200 060530177920 $99,270.22
PS58 531200 070580176300 $21,791.03
Submitted for City Manager's Office OT. Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker(6157)
Additional Information Contact: A. Douglas Rademaker(6157)
http://www.cfwnet.org/council_packet/Reports/mc_pnnt.asp 6/9/2004