HomeMy WebLinkAboutContract 29628 CITY SECRETARY- .
CITY OF FORT WORTH, TEXAS CONTRACT NO. '
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and A.N.A.
Consultant, L.L.C., (the "ENGINEER"), for a PROJECT generally described as: Water and
Sanitary Sewer Extensions to Serve Broadmoor Addition.
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 CITYLqr delays or
damages caused the CITY because of such suspension of se irsg
03-09-0447 1 =5o RCUD
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 fumishing 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) -rhe 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
conceming 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
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 mariner
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
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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 mariner 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 provide A -qua e
ENGINEERING CONTRACT
Page 4 of 14
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
imits: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 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.
ENGINEERING CONTRACT
Page 6 of 14
(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 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_ a qualified
subcontractor to manage the remediation activities of the PRO4CT.
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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, aai?i other
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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 pem-iission 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.
ENGINEERING CONTRACT
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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 contractors
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."
ENGINEERING CONTRACT }`
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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 Indu5t y Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less t an
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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 2004.
ATTEST: Cl OF RTW 1+
. I \
' I
Marc. A. Ott
City Secretary Assistant City Manager
RECOMMENDED
Contract Authorization
A. Douglas Rademaker, P.E.
Date
Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
Assistant City Attomey
A N A CONSULTANTS, L L G
ATTEST: ENGINEER
By.
ark N.
Vice President
BROADMOOR-ANA
ENGINEERING CONTRACT
Page 14 of 14
..
ATTACHMENT"A"
General 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 - y the
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3 ;'
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.
•.. L �]}Y I VI1 Y•; .
-3- vi
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 alternate 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
-rhe 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.
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.
-5-
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
PHASE 1 - 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 Wastewater Extensions to Serve
Broadmoor Addition
Water Project No. P162-060162152380
Sewer Project No. PI72-070172131420
D.O.E. No. 4107
Street Water Sewer
Water Existing Size Proposed Extension size Length Sewer Existing Size Proposed Extension size Length
Map No. (in.) in (ft.) Map No. (in.) in (ft.)
Marydean Ave. 2012
(Francis Dr.to 2012-384 6"(PVC) 8(PVC) 100 384 8" (PVC) 8" (PVC) 350
CherrV Ln.
Julie Ave.(Francis 2012-384 8-(PVC) 8(PVC) 550 2012 8-(PVC) 8-(PVC) 470
Dr.to Karen St. 384
Arbor Ave.(Francis 2012-384 8"(DI, PVC) 8(PVC) — 2012 — 8" (PVC) 1650
Dr.to Che Ln. 384
Tanner Ave. 2012
(Francis Dr.to 2012-384 6"(DI) 8(PVC) — 384 – 8- (PVC) 1330
Karen St.
Doreen Ave. 2012-
(Francis Dr.to 2012-384 8" (CI) 8-(PVC) — 384 — 8-(PVC) 1500
Cherry Ln.
W. Elizabeth Ln. _
(Francis Dr.to 2012-384 36"(CONC) 8"(PVC) 384 6" 8" (PVC) 1200
Cherry Ln.
Francis Dr.(HWY 6-(DI) 2012-
80 to Marydean 2012-384 8-(PVC) 8"(PVC) — 384 8"(PVC) 8" (PVC) 1500
Ave.
Broadmoor Dr.(W. 2012
Elizabeth to 2012-384 8"(DI) 8"(PVC) — 384 8"(PVC) 8"(PVC) 930
Na dean Ave.
Karen St. (Doreen _
Ave.to Marydean 2012-384 — 8"(PVC) 1140 2084 — 8" (PVC) 1075
Ave.
Cherry Ln.(W. 2012-
Elizabeth Ln. to 2012-384 — 8"(PVC) 1250 384 –" 8" (PVC) 1320
Ma dean Ave.
Highway 80 2006-384 — 20"DIP 4450 — — — —
2012-384
Total LF Water 7,490 1~ota1-LF Sewer '-11 25
2/17/2004 G:\JOB\021222 Conraraet\E.*11--rl.doc
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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.
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. 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.
2/17/2004 GAJOB\0212 2ttrCxhibtA
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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
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 comers in backyards.
Profile existing water and/or sewer line centerline.
Compile base plan From field survey data at V-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 surve ata-at V'=
40' horizontal and 1" =4' vertical scale.
2/17/2004 G:\JOB\021 22ZWtractrlExhibit A-1.doc
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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 Side Drive at the East
end of radius at the Southeas e
Drive and North Main Street).
2/17/2004 G:\JOB\021 22Tontract\Exhibit A-1.doc
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1
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.
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
a. Conceptual plans shall be submitted to City 40 days after
Notice to Proceed Letter is issued.
b. The ENGINEER shall perform conceptual design of the
proposed improvements and fumish 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.
34
2/17/2004 GAJOB\02122 \Co otrat�\E xhib it A-1 Am
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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 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 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.
f. The ENGINEER will prepare stid
dard :and specs l etail
sheets for water line installation sewer rehabilitati n or
2/17/2004 G:1JOB 21222\Contract\Exhibit A.1.doc
EA1-6
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.
g. 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 based on available information
and recommendations will be made for approval by the City.
h. 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".
L Utility Clearance Phase
The ENGINEER will consult with the City's Water Department,
Department of Engineering, and other CITY departments, public
utilities, private utilities, private utilities and govemment
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.
j. Preliminary construction plan submittal
i. Preliminary plans and specificsons shall'be submitted
to City 45 days after app
al bf.Part'-B;-Section 2�
2/17/2004 GAJOB\021 22\OontractlExfi1bit A-1.doc
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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)
iii. The ENGINEER shall submit a preliminary estimate of
probable construction cost with the preliminary plans
submittal. ENGINEER shall assist City in selecting the
feasible and/or economical solutions to be pursued.
k. 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.
I. Public Meeting
After the preliminary plans have been reviewed and approved by
the City, ENGINEER shall prepare exhibits along with an invitation
letter 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 20 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 21
days of CITY's final approval. Plan sets shall be used for Part C activities.
2/17/2004 GAJOB\021 E2 ,pontr�qtl xhibik 1.d
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b. ENGINEER's Estimate of Probable Construction Cost
The ENGIIVEER 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 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 bidding 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 and 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.
2/17/2004 G:\JOB\E1222�0ontra2ct\�ExhibitA-1 oc
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ATTACHMENT "B"
COMPENSATION AND SCHEDULE
Water and Wastewater Extensions to Serve
Broadmoor Addition
Water Project No. P162-060162152380
Sewer Project No. P172-070172131420
D.O.E. No. 4107
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of $ 227,193.00 for basic and
Special Services as summarized in Exhibit"B-3A". 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. Subcontractor cost shall be reimbursed at the actual invoice cost plus 10%.
C. The ENGINEER shall be paid in monthly partial payments as described in EXHIBIT"B-1"
upon receipt of invoices submitted by the ENGINEER, based on an estimate of the
percentage of completion of the project, not to exceed the milestone limits described in
EXHIBIT "B-1".
II. Schedule
A. Final Phase I Plans shall be submitted within 136 calendar days after the "Notice to
Proceed" letter is issued.
It
3:47 PM G:\J0B\021222\ContractW ch B4Exhibits New c
B - 1
EXHIBIT B-1
(SUPPLEMENT TO ATTACHMENT B)
METHOD OF PAYMENT
Water and Wastewater Extensions to Serve
Broadmoor Addition
Water Project No. P162-060162152380
Sewer Project No. P172-070172131420
D.O.E. No. 4107
I. Method of Payment
The ENGINEER shall be paid monthly upon receipt of an invoice on the bases of statements
prepared from the books and records of account of the ENGINEER, based on the ENGINEER'S
estimate of the percentage of completion of the project, such statement to be verified as to accuracy
and compliance with the terms of this contract by an officer of ENGINEER. Payment according to
statements will be subject to certification by the Director of Department of Engineering or his
authorized representative that such work has been performed.
The aggregate of such monthly partial payments shall not exceed the following:
Until satisfactory completion of EXHIBIT "A-1", Part B, Section 1 hereunder, a sum not to
exceed 40 percent of the lump sum.
Until satisfactory completion of EXHIBIT "A-1", Part B, Section 2 hereunder, a sum not to
exceed 75 percent of the lump sum.
Until satisfactory completion of EXHIBIT "A-1", Part B, Section 3 hereunder, a sum not to
exceed 95 percent of the lump sum.
Balance of earnings to be due and payable upon delivery to the CITY of plans and bid documents
for advertising as described in EXHIBIT "A-1", Part C.
Note: If the ENGINEER determines in the course of making design drawings and specifications
that the engineer's opinion of probable construction cost estimate of$2,350,843.00 (as estimated
in Exhibit"B-4")will be exceeded,whether by change in the scope of the project, increased costs 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 Engineering shall suspend all
work hereunder.
G:\JOB\021222\Contract\AttaLPXftits w doc
EB1 - 1
EXHIBIT B-2
(SUPPLEMENT TO ATTACHMENT B)
HOURLY RATE SCHEDULE
Water and Wastewater Extensions to Serve
Broadmoor Addition
Water Project No. P162-060162152380
Sewer Project No. P172-070172131420
D.O.E. No. 4107
Employee Classification Rate/Hour(Range)
Principal $170 - 185
Project Manager/ Planner $ 80 - 135
RPLS $ 95 - 130
Design Engineer $ 70 - 105
Designer/ CAD Operator $ 50 - 90
Survey Technician $ 50 - 60
Draftsman $ 40 - 50
Clerical $ 35 - 45
Survey Crew $ 70 - 100
Reimbursable Cost + 10%
Mileage $ 0.32 Per Mile
Reproduction work will be at current commercial rates. Subcontractors will be paid for at actual
invoice cost plus ten percent (10%).
I _
G:\JOB\021222\Contract\Attach &Exhibits New.doc
EB2 - 1
EXHIBIT B-3
(SUPPLEMENT TO ATTACHMENT B)
DESIGN FEE COST SUMMARY
Water and Wastewater Extensions to Serve
Broadmoor Addition
Water Project No. P162-060162152380
Sewer Project No. P172-070172131420
D.O.E. No. 4107
Phase Scope of Services Fee MlWBE %
I - Design Services New Pipe $227,193.00 $61,342.00 27%
Proposed MNVBE Subconsultants Services Fees % of Contract
APM &Associates, Inc. Engineering $54,842.00 89.40%
LA Blueline Reproduction $ 6,500.00 10.60%
Total $61,342.00 100 %
Proposed Non-M/WBE Subconsultants Services Fees % of Contract
Not Applicable
Total $0.00 0 %
I1
G:U0B\021222\Contract\Atta h & 1:xhlbits;Ne-W.d is
02/17/2004
EXHIBIT B-3A
(SUPPLEMENT TO ATTACHMENT B)
SUMMARY OF DESIGN FEE
Water and Wastewater Extensions to Serve
Broadmoor Addition
Water Project No. PI62-060162152380
Sewer Project No. P172-070172131420
D.O.E. No. 4107
February 17, 2004
Mr. Tony Sholola, P.E.
Consultant Services Division
Department of Engineering
City of Fort Worth
1000 Throckmorton St.
Fort Worth, TX 76102-6311
Reference: Water and Wastewater Extensions to Serve
Broadmoor Addition
Water Project No. P162-060162152380
Sewer Project No. P172-070172131420
D.O.E. No. 4107
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 for All Lines = $ 2,350,843.00
Basic Engineering Fee based on % of construction (T.S.P.E. Curve %)
(TSPE Curve 6.9% x 0.85 = 5.9 %) $ 138,700.00
GAJOB\021222\Contra t\Attach B&Exhibits New.doc
02/17/2004
Exhibit 113-3A
Mr. Tony Sholola, P.E.
February 17, 2004
Page 2
Basic Services Total $ 138,700.00
Basic Design Fee (17,100 If Water & Sewer) $ 138,700.00
Special Services Total $ 73,693.00
Basic Design Surveys(17,150 If) $ 51,450.00
W /SS Exhibits Owner Locations (64 ea. @ $55/ea.) $ 3,520.00
Highway Permit(HWY. 80) $ 1,000.00
Public Meeting (3) $ 2,250.00
Traffic Control Plan (Hwy 80) $ 4,000.00
Storm Water Pollution Prevention Plan (SWPPP) $ 5,500.00
10% for Sub-consultant Services $ 5,973.00
Pre-Construction Services Total $ 2,250.00
Public Meeting (1) $ 750.00
Tabulation and Verification of Bids $ 1,000.00
Pre-Construction Meeting $ 500.00
Reproductions* Total $ 12,550.00
Miscellaneous Printing (10 sets and misc.) $ 2,500.00
13 Sets of Preliminary Plans (utility clearance) $ 1,300.00
45 Sets of Construction Plans $ 5,400.00
45 Sets of Specifications $ 2,100.00
1 Set of Mylars $ 1,250.00
Estimated total of 64 sheets.
TOTAL LUMP SUM $ 227,193.00
Water Design Fee $ 87,174.00 (38.37%) Sewer Design Fee $ 140,019.00 (61.63%)
We will be using APM & Associates, Inc. for Engineering, and LA Blueline for printing
construction plans and specifications. This will result in a 27 % ($61,342.00) portion of the
contract that will be performed by approved M/WBE firms.
Sincerely,
A.N.A. Consultants, L.L.C.
rk N. Assa tl, P.E.
Vice President
G:U0B10212221Contract\Attach BFExt9100it!N9W-,d6c
02/17/2004
` A A CONSULTANTS,L.LC.
1701 RIVER RUN.SUITE 610
FORT WORTH,TX 76107
817)315-9900—F-1-1711 5.9955
Exhibit"B-4-
(Supplemental to Attachment B)
SUMMARY OF OPINION OF PROBABLE CONSTRUCTION COST
Water and Wastewater Extensions to Serve
Broadmoor Addition
Water Project No.PI62-060162152380
Sewer Project No.PI72-070172131420
D.O.E.No.4107
09/16/03
A, Marydean Ave.(Council Disma 3)
1 Water _ S9.960.00
2 Sewer - $69,240.00
8. Arbor Ave.(Council Dista 3)
1 Water - SII.860.00
2 Sewer $197,840.00
C Tanner Ave.(Council Duma 3)
1 Water - 19.93000
2 Sewer - S 169.1 1500
0 Doreen Ave.(Council Disux:t 3)
1 Water - S9050010
2 Sewer 5187.130 00
E. W Elizabetn Ln (Council Distrxt 3)
1 Water $8.350 00
2 Sewer S 150.050 00
F Jtia Ave (Could D4stna 3)
1 Water - $35.480.00
2 Sewer $59.700.00
G. Brbaranoor Or.(Counci Drsoxt 3)
2 Sewer - S70.680.00
H. Frans Or.(Counoi D+stnct 3)
1 Water $9050.00
2 Server - $168.10000
I. Karen St.(Co.-"D4sux3 3)
1 Water 5105,36000
2 Sewer S119.42500
J. Cherry Ln.(Council Disoxt 3)
1 Water - $135.560.00
2 Sewer S125.79000
K. HWY 80
1 Water S485,AW.00
SUBTOTAL $2,137,130.00
10%CONTINGENCIES $213,713
TOTAL ESTIMATED CONSTRUCTION COST $2.350,643
TOTAL WATER(38.37%of total•stJmatal S902,1)".00
TOTAL SEWER(91.93%of total—flmats) $1,418,777.00
GRAND TOTAL 52,350,643
p"1 G UOM2122.2W^-un xnWSS COMPt-CDST,is
A.N.A.CONSULTANTS,L.L.C.
1701 RIVER RUN,SUITE 610
FORT WORTH,TX 76107
817 335-9900 or FAX(817)33x9955
EXHIBIT"B-4"
(Supplemental to Attachment B)
OPINION OF WATER AND SEWER PROBABLE CONSTRUCTION COST
Water and Wastewater Extensions to Serve
Broadmoor Addition
Water Project No.PI62-060162152380
Sewer Project No.PI72-070172131420
D.O.E.No.4107
PROJECT SUMMARY for WATER IMPROVEMENTS
Seoternber 8.2003
ITEM NO. DESCRIPTION I QUANTITY I UNIT UNIT COST TOTAL
1 12'PVC WATER LINE INCL.REM.EXIST. 250 LF 530 00 $7.50000
2 8'PVC WATER LINE INCL.REM EXIST. 3100 LF I S2500 577.500.00
3 20'DUCTILE IRON PIPE 4600 1 LF $5000 5230.000 00
4 6'DUCTILE IRON PIPE INCL.REM.EXIST. 20LF S2500 S50000
5 20"RESILIENT SEAT WEDGE VALVE&CONC.VAULT 2 EA S12.00000 S24 000 00
6 12'RESILIENT SEAT VALVE d BOX t JEA $1.40000 $1 40000
7 8'RESILIENT SEAT VALVE&BOX 81EA $65000 S5 200 OC
8 6'RESILIENT SEAT VALVE d BOX 1 JEA S50000 $500 OC
9 STANDARD FIRE HYDRANT 1 IEA 51.700 00 $1.70000
10 FIRE HYDRANT BARRELL EXTENSION 21LF S10000 5200 00
11 CAST IRON FITTINGS 12'&SMALLER 5 5 TN 52.000 00 $11,00000
12 CAST IRON FITTINGS 16'd LARGER 4 TN 53.000 00 $12.00000
1311-SERVICE TAP TO MAIN 761 EA 5300.00 522.800 00
14111-SERVICE FROM METER TO MAW 1710 LF $15 DO 525.650 00
15 CL.A METER BOX 83 EA 550.00 S4.15000
16 FURNISH AND LAY 2'TEMP WATER SERVICE LINE 5 LS $2.000.00 $10.00000
17 REPLACE EXIST,CONC.WALK 100 SF $6.00 $600.00
18 REPLACE EXIST.CONC,DRIVE 1500 SF 37 00 510.500 DO
19 REPLACE EXIST.CONC.CURB 150 LF 520.00 53.000.00
20 PERM.ASPH.PAVEMENT REPAIR 8880 LF 338 00 5337.440 00
21 PERM.CONC.PAVEMENT REPAIR 120 LF $4300 55.160 00
22 EXPLORITORY EXCAVATION IDEHOLE 2 EA $1.600 00 $3.200.00
23 1Y x 12'TAP d VALVE 1 EA S3.50000 53.500 00
24 CONC ENCASEMENT 5 CY 510000 S500.00
25 EXTRA.DEPTH FOR WATER MAIN 600 LF $1.00 5600.00
26 TRENCH SAFETY 1400 LF $1.00 $1,400001
27 Y AIR RELEASE VALVE&CONC VAULT 2 EA 53.000.00 $6.000 00
28 BLOW OFF IN SUMP MH 2 EA 54.500.00 59.000.00
29 16'x 16'TAP b VALVE 1 EA $4.500.00 34.500.00
30 TYPE'B' 25000s+ CONC. 7 CY $20.00 $14000
31 TYPE-E- 1 sa CONC. 7 CY 520.00 5140.00
32 CRUSHED LIMESTONE 7 CY $20.00 $14000
33 BALLAST STONE 7 CY $20.00 $140.00
Sutttotal Semon 1 WATER IMPROVEMENTS 5820,060.00
..L.
Page 1 of 2
A.N.A.CONSULTANTS,L.L.C.
1701 RIVER RUN,SUITE 610
FORT WORTH,TX 76107
(817)335-99M or FAX 817 3359955
EXHIBIT"B-4"
(Supplement to Attachment By
OPINION OF WATER AND SEWER PROBABLE CONSTRUCTION COST
Water and Wastewater Extenslons to Serve
Broadmoor Addltlon
Water Project No.P162-060162152380
Sewer Project No.PI72-070172131420
D.O.E.No.4107
PROJECT SUMMARY for SEWER IMPROVEMENTS
Seotember 8.2003
ITEM NO. DESCRIPTION I QUANTITY UNIT I UNIT COST TOTAL
1 8-SS INCLUDES REMOVAL OF EXISTING 8000 LF S3000 5240.000 00
2 8"OIP INCLUDES REMOVAL OF EXISTING 3920 LF S3300 $129.36000
3 4-PVC TAP 137 EA $22500 530.825 00
4 4'DIP TAP 117 EA 5300 00 535.100 00
5 6"SEWER SERVICE TAP ? ±
S40000
5800 00
6 4'SEWER SERVICE 2555 LF S1500 S38 325 0C
7 4'DIP SEWER SERVICE I 39451LF S2000 578.900 DC
8 6-SEWER SERVICE 50ILF S7500 51 250 OC
9 4'DIA.MH 35 1 EA S 1.500 00 552.500 DC
10 DROP MH 31 EA 1 $2.00000 S6 000 OC
11 EXTRA DEPTH FOR MH 13 VF 512000 31.560 DC
12 WATER TIGHT MANHOLE INSERT 38 EA S7500 52.850 OC
13 CONC COLLAR38 EA $20000 $7.600 DC
14 MANHOLE INTERIOR PROTECTIVE COATING 24 VF S20000 S4 800 00
15 VACUUM TEST MANHOLE 38 EA S15000 I S5.70C 00
16 DEHOLE EXCAVATION TO VERIFY EXISTING UTILITY ? EA S1.60000 S3 200 OC
17 REMOVE EXISTING MANHOLE 2 EA S50000 S1.00000
18 PERMANENT CONC.PAVEMENT REPAIR 820 LF S4200 534."o 00
19 REMOVE EXIST.CONC.CURB 350 LF So 00 SO OC
20 CONST.STD.CONC CURB 6 GUTTER 350 LF S20 00 $7.000 OC
21 CONC.ENCASEMENT 8 CY $10000 5800 DC
22 PERMANENT ASPH.PAVEMENT REPAIR 150701 LF SM 00 5572.660 DC
23 TRENCH SAFETY SYSTEM 12560 LF $100 S12.560 00
24 POST TV CLEANING 8 INSPECTION 12120 LF S2-00 S24,24000
25 2-WAY CLEAN-OUT 2561 EA 1 510000 $25.600 OG
Subtotal Secnon 2 SEWER IMPROVEMENTS $1.317.070.00
Total Section I $2,137,130.00
Page 2 of 2 4
L— -
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREMENT AND ATTACHMENT A
Water amd Wastewater Extensions to Serve
Broadmoor Addition
Water Project No. P162-060162152380
Sewer Project No. P172-070121314207
D.O.E. No. 4107
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/24/2004
DATE: Tuesday, February 24, 2004
LOG NAME: 30BROADMOOR REFERENCE NO.: **C-19972
B ECT:
Engineering Agreement with A.N.A. Consultants, L.L.C. for Water and Sanitary Sewer Extensions to
Serve Broadmoor Addition
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with A.N.A. Consultants, L.L.C. in the amount of $227,193 for the design of water and sanitary sewer
extensions to serve the Broadmoor Addition.
DISCUSSION:
On May 19, 1954 (Ordinance No. 3191), the City annexed the Broadmoor Addition into the corporate limits
of Fort Worth. The Broadmoor Addition is generally bound on the north by Marydean Avenue, on the south
by Camp Bowie Boulevard, on the east by Cherry Lane, and on the west by Francis Drive. The majority of
the subdivision is already connected to the City's water system. Residents living in the subdivision currently
utilize private septic systems for sanitary sewer service.
This engineering agreement will provide for the design of the remaining segments of the water main
necessary to loop the existing water system and improve the level of water service to the subdivision. The
agreement will also provide for the design of the sanitary sewer lines to provide municipal sanitary sewer
service to the subdivision.
A.N.A. Consultants, L.L.C. proposes to perform the design work for a lump sum fee of $227,193. Staff
considers this fee to be fair and reasonable for the scope of services proposed.
A.N.A. Consultants, L.L.C. is in compliance with the City's MI BE Ordinance by committing to 27% M/WBE
participation. The City's goal on this project is 27%.
In addition to the contract amount, $10,000 (water: $4,000; sewer: $6,000) is required for project
management by the Engineering Department.
This project is located in COUNCIL DISTRICT 3, Mapsco 73L and Q.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the
Water and Sewer Capital Project Fund.
ECv b
http://www.cfwnet.org/council_packet/Reports/mc_print.asp fly. PJHJ TELA'. 2/24/2004
Page 2 of 2
n
TO Fund/Account/Centers FROM Fund/Account/Centers
P162 531200 060162152380 $87,174.00
P172 531200 070172131420 $140,019.00
Submitted for City Manager's Office by: 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_print.asp � j2/24/2004
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/24/2004
DATE: Tuesday, February 24, 2004
LOG NAME: 30BROADMOOR REFERENCE NO.: **C-19972
SUBJECT:
Engineering Agreement with A.N.A. Consultants, L.L.C. for Water and Sanitary Sewer Extensions to
Serve Broadmoor Addition
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with A.N.A. Consultants, L.L.C. in the amount of $227,193 for the design of water and sanitary sewer
extensions to serve the Broadmoor Addition.
DISCUSSION:
On May 19, 1954 (Ordinance No. 3191), the City annexed the Broadmoor Addition into the corporate limits
of Fort Worth. The Broadmoor Addition is generally bound on the north by Marydean Avenue, on the south
by Camp Bowie Boulevard, on the east by Cherry Lane, and on the west by Francis Drive. The majority of
the subdivision is already connected to the City's water system. Residents living in the subdivision currently
utilize private septic systems for sanitary sewer service.
This engineering agreement will provide for the design of the remaining segments of the water main
necessary to loop the existing water system and improve the level of water service to the subdivision. The
agreement will also provide for the design of the sanitary sewer lines to provide municipal sanitary sewer
service to the subdivision.
A.N.A. Consultants, L.L.C. proposes to perform the design work for a lump sum fee of $227,193. Staff
considers this fee to be fair and reasonable for the scope of services proposed.
A.N.A. Consultants, L.L.C. is in compliance with the City's M/WBE Ordinance by committing to 27% M/ BE
participation. The City's goal on this project is 27%.
In addition to the contract amount, $10,000 (water: $4,000; sewer: $6,000) is required for project
management by the Engineering Department.
This project is located in COUNCIL DISTRICT 3, Mapsco 73L and Q.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the
Water and Sewer Capital Project Fund.
Logname: 30BROADMOOR Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/C enters
P162 531200 060162152380 187,174.00
P172 531200 070172131420 X140.019.00
Submitted for City Manager's Office bv: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
Lo2name: 30BROADMOOR Page 2 of 2