HomeMy WebLinkAboutContract 29739 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 Freese and
Nichols, Inc., (the "ENGINEER"), for a PROJECT generally described as: Water and
Sanitary Sewer Improvements to serve the Thompson Road and Riverside North Area
(Annexation A-00-20).
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 se s under this
AGREEMENT until paid in full, including interest. In the a ebtof suspension
of services, the ENGINEER shall have no liability to C T1�; i- delays or
damages caused .�� : :,ITY beuwse of such suspension of er J 1 i w
04-06-04A09 : �),... ;;CVD ORIGINAL
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and 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) 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
conceming the results of same. Such surveys, tests, and investigations shall
be fumished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
ENGINEERING CONTRACT
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEEITs 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_om�ainta
costs; competitive bidding procedures and market conditions; time or qual6f
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 relatin this contract.
ENGINEER agrees that the CITY shall have access duri g normal working
hours to all necessary ENGINEER facilities and shall be rovided adequate
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and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this article
together with subsection (3)hereof. CITY shall give sub-consultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting policies
of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial 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 approves such
exclusions. I
ENGINEERING CONTRACT N 'C 14A'.).A' -°
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(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-€P�6
will, if requested, assist the CITY in obtaining the services of a ''gjlil`i
subcontractor to manage the remediation activities of the PROJECT_.;
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O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENGINEER could
not have been reasonably aware of, the ENGINEER shall notify the CITY of such
changes and an adjustment in compensation will be made through an amendment to
this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local, state,
or federal authorities; and land, easements, rights-of-way, and access necessary for
the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
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consultants as the CITY deems appropriate; and render in writing decisions required
by the CITY in a timely manner in accordance with the project schedule in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes
or becomes aware of any development that affects the scope or timing of the
ENGINEER's services or of any defect in the work of the ENGINEER or construction
contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and release
ENGINEER and its officers, employees, and subcontractors from all claims,
damages, losses, and costs, including, but not limited to, 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 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.
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B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will be
at the CITY's sole risk. The final designs, drawings, specifications and documents
shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by
acts of God, strikes, lockouts, accidents, or other events beyond the control of the
ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for convenience so that
the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
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F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in connection
with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of negligence
or willful misconduct as determined pursuant to T.C.P. & R. Code, section
33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict or
statutory liability, or any other cause of action, except for willful misconduct or gross
negligence for limitations of liability and sole negligence for indemnification. Parties
mean the CITY and the ENGINEER, and their officers, employees, agents, and
subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
ENGINEERING CONTRACT
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$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose in
the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all
orders, laws ordinances and regulations which may exist or may be enacted later by
governing bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to
defend, indemnify and hold harmless CITY and all of its officers, agents and
employees from and against all claims or liability arising out of the violation of any
such order, law, ordinance, or regulation, whether it be by itself or its employees.
ENGINEERING CONTRACT
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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
In1' ,
Executed this the �� day of �-( �n 20d.q
ATTEST: CI F RT WOR
Cit ecretary Marc. Ott
Assista City Manager
Contract Authorization APPROVAL RECOMMENDED
Date A. Douglas Rademaker, P.E.
Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
Assistant City Attorney
FRFFSF AND NICHOLS INC,
ENGINEER
By:
Thomas Haster, P.E.
Principal Mn
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ATTACHMENT"A"
General Scope 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."
GENERAL
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 facrtitfes made by the
r
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 Plans
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- ,r 1..
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 rales and regulations promulgated by local, state and national
boards, bureaus and agencies. The Engineer shall receive written approval of the
Phase 3 plans from the City's project manager before proceeding with Phase 4.
-3- �
PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction
plans and contract specifications. The approved plans and contract specifications shall
be used as authorized by the City for use in obtaining bids, awarding contracts, and
constructing the project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the
bidding documents, and assist the owner in determining the qualifications and
acceptability of prospective constructors, subcontractors, and suppliers. When substitu-
tion prior to the award of contracts is allowed by the bidding documents, the Engineer
will advise the owner as to the acceptability of 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
The Engineer shall be available to the City on matters concerning the layout of the
project during its construction and will set control points in the field to allow City survey
crews to stake the project. The setting of line and grade stakes and route inspection of
construction will be performed by the City.
22) Site Visits
The Engineer shall visit the project site at appropriate intervals as construction
proceeds to observe and report on the progress and the quality of the executed work.
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.
4
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE
THOMPSON ROAD AND RIVERSIDE NORTH AREA(ANNEXATION A-00-02)
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:
DESIGN OF WATER AND SANITARY SEWER LINES TO SERVE THOMPSON ROAD AND
RIVERSIDE NORTH AREA(ANNEXATION A-00-02)
D.O.E. No. 4210
Water Project No. P163-060163015121
Sewer Project No. P173-070173013123
SUMMARY
STREET WATER SEWER —'
Water Map Existing Proposed Length Sewer Map Existing Size Proposed Size Length
Numbers Size (in.) Size (in.) (ft.) Numbers (in.) (in.) (ft.)
Old Denton 2054-444 2054-444
Highway 2054-448 N/A 16" 4,800 2054-448 N/A 12" &8" 5,050
W. W.Thopson 2054-444 N/A 16" 900 2054-444 N/A 12"&8" 1,650
Road 2066-444 2066-444
Total i 5,700 Total 6,700
The ENGINEER will design the following improvements:
WATER
Approximately 5700 feet of new 16 inch water line from the intersection of Old Denton Highway
and Shiver Road, along Old Denton Highway and W.W. Thompson Road. Connect new 16 inch
line to 16 inch line along the future North Tarrant Parkway (by others) and to existing 12 inch line
at the intersection of W.W. Thompson Road and Malibu Sun Drive.
WASTEWATER
Two new collector lines. Approximately 2400 feet of new 12 inch collector along Old Denton
Highway draining north from Light of the World Lutheran Church to connect with an existing 15
inch interceptor serving the Park Glen Addition. Approximately 4300 feet of new 8 inch line along
EA1-1
Old Denton Highway and W.W. Thompson Road from south of Light of the World Lutheran
Church draining south and east to connect to 8 inch collector on Foxchase Drive.
If additional improvements outside of those listed above are required, additional fee and schedule
will be negotiated for their design.
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. 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 plan, property ownership
as available from the Tax Assessor's office.
The data collection efforts will also include conducting one (1) special coordination
meeting with affected property owners and businesses as necessary to develop
water and sewer alignment.
The following shall be applicable at all locations where it is necessary to relocate or
reroute an existing water line or 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
EA1-2
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. ENGINEER shall complete all forms
necessary for City to obtain permit letters from TxDOT and railroads and submit
such forms to the City. City shall be responsible for forwarding the forms to the
affected agencies for execution.
2. Monthly Progress Report and Neighborhood Newsletter
a. The ENGIENER shall submit a progress schedule after the design contract is fully
executed. The schedule shall be updated and submitted to the CITY along with
monthly progress report as required under Attachment B of the contract.
b. ENGINEER will prepare a quarterly newsletter detailing the status of the project for
distribution to the affected Neighborhood Association. The newsletter will be reviewed
and approved by the City prior to distribution.
PART B - CONSTRUCTION PLANS AND SPECIFICATIONS
1. Conceptual Engineering
EA1-3
A
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 perform 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 survey data at a 1" = 20' horizontal and 1" = 2' vertical scale.
■ When conducting design survey at any location on the project, the ENGINEER
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.
EA 1-4
1
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. Description (Existing City Monument number, Nail, 5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on City Datum only.
C. Descriptive Location (Ex. Set in the centerline of the inlet in the
South curb line of North Side Drive at the East end of radius at the
Southeast corner of North Side Drive and North Main Street).
3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same
coordinate system, as the Control.
4. No less than two horizontal control points, per line or location.
5. Bearings given on all proposed centerlines, or baselines.
6. Station equations relating utilities to paving, when appropriate.
7. In case of sanitary sewer service line relocation or rerouting, obtain the
'foot print" of all properties where the sanitary sewer service line is to be
relocated or rerouted.
ii. Public Notification and PersonnelNehicle 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 ENGINEER 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.
Conceptual Engineering Plan Submittal
a. Conceptual plans shall be submitted to City 60 days after Notice to Proceed
Letter is issued.
EAI-5
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 Conceptual Engineering plans, 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
during the Conceptual Engineering phase of design. 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 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.
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.
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 1'I ve pr liminary
construction plans to the City's Utility Coordinat r;-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 90 days after
approval of Conceptual Engineering Plans.
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 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. Assist in Public Involvement efforts.
ENGINEER will assist the City by conducting three (3) public meetings to make the
community aware of the effects of the System Transfer. After the Memorandum Report
has been reviewed and approved by the City, the ENGINEER shall:
■ Prepare project exhibits.
■ Design a 1-page notice, which the City can copy and post in public areas,
distribute through mailings or hand-deliver to affected homeowners, and a
suggestion/comment sheet for meeting attendees.
■ Conduct up to two (2) public meetings to help explain the proposed project to
residents.
■ Prepare attendance and participation records in each meeting.
3. Final Engineering Plan Submittal
EA1-8
2 f -
a. Final Construction Documents shall be submitted to CITY 60 days after approval of
Preliminary Construction Plans.
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 AND 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 phase including preparation and
delivery of addenda to plan holders and responses to questions submitted to the
DOE by prospective bidders.
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
i. Upon completion of the bid or negotiation phase services, FNI will proceed
with the performance of construction phase services as described below.
FNI will endeavor to protect OWNER in providing these services however,
EA1-9
.
r a :%:i;: fil � Gki
1
it is understood that FNI does not guarantee the Contractor's performance,
nor is FNI responsible for supervision of the Contractor's operation and
employees. FNI shall not be responsible for the means, methods,
techniques, sequences or procedures of construction selected by the
Contractor, or any safety precautions and programs relating in any way to
the condition of the premises, the work of the Contractor or any
Subcontractor. FNI shall not be responsible for the acts or omissions of
any person (except its own employees or agents) at the Project site or
otherwise performing any of the work of the Project.
ii. The ENGINEER shall assist the CITY in conduction one (1) pre-
construction conference for each construction contract with the Contractor.
Review construction schedules prepared by the Contractor(s) pursuant to
the requirements of the construction contract.
iii. Review submittals and shop drawings associated with contract documents.
iv. Conducts field visits to observe progress and quality of construction.
Provide technical assistance to the City to answer questions that may arise
in the construction.
v. Conduct, in company with City's representative, a final review of the Project
for conformance with the design concept of the Project and general
compliance with the Contract Documents. ENGINEER shall also review
and comment on the certificate of completion and the recommendation for
final payment to the Contractor(s).
vi. Prepare one (1) set of reproducible Record Drawings based upon
information provided by the City.
EAI-10
ATTACHMENT B
COMPENSATION AND SCHEDULE
DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON
ROAD AND RIVERSIDE NORTH AREA(ANNEXATION A-00-02)
I. COMPENSATION
A. The ENGINEER shall be compensated at a lump sum fee of $150,052.00 for Basic Services as
summarized on Exhibits `B-3" and `B-4". Payment of the fee shall be considered full
compensation for the services described in Exhibit "A-1" for all labor, materials, supplies, and
equipment necessary to complete the project.
B. Partial payment shall be made monthly as stipulated on Exhibit B-1 upon receipt of an invoice
from the ENGINEER, prepared from the books and records of the ENGINEER. Each invoice
is to be verified as to its accuracy and compliance with the terms of this contract by an officer
of the ENGINEER. Payment according to statements will be subject to certification by the
Director of Engineering Department or his authorized representative that such work has been
performed.
II. SCHEDULE
A. The Design Phase shall have a schedule as follows:
Part A— Pre-engineering shall be completed 60 days after City approval of Notice to
Proceed.
Part B — Preliminary plans, specifications, and contract documents shall be completed 90
days after City approval of Pre-Engineering. Final plans, specifications,
contract documents and cost estimate will be competed 60 days after approval
of Preliminary Plans.
Part C — Bidding and award will be completed an estimated 60 days after the City's
approval of Final Design plans, specifications and contract documents.
B. Construction will have an estimated completion date 6 months after contract award.
Attachment B, Page I _
TAFort Wort h\Annexation W&W WM Exhibit B I B2-Compensation Annex2.doc
EXHIBIT 4411-1"
(SUPPLEMENT TO ATTACHMENT "B")
METHOD OF PAYMENT
WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD AND
RIVESIDE NORTH AREA(ANNEXATION A-00-02)
D.O.E. No. 4210
Water Project No. P163-060163015121
Sewer Project No. P173-070173013123
I. METHOD OF PAYMENTS
The Engineer shall be paid in monthly partial payments as outlined below:
A. The ENGINEER shall be paid in monthly payments upon the receipt of individual
invoices for each partial payment request from the ENGINEER.
B. Partial payments shall not exceed the equivalent of 40% of the total lump sum fee, until
City approval of Exhibit A-1, Part B, Section 1.
C. Partial payments shall not exceed the equivalent to 70% of the total lump sum fee, until
City approval of Exhibit A-1, Part B, Section 2.
D. Partial payments shall not exceed the equivalent to 95% of the total lump sum fee, until
City approval of Exhibit A-1, Part B, Section 3.
E. The balance of the fee shall be payable after completion by the ENGINEER of Exhibit
A-1, Part C.
II. PROGRESS REPORT
A. The ENGINEER shall submit to the designated representative of Director of Department of
Engineering monthly progress reports covering all phases of design by the 15th of every
month in the format required by the City.
Note: If the ENGINEER determines in the course of making drawings and specifications that the
construction cost estimate of $ 1,410,772 (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 Engineering
Department shall suspend all work hereunder.
EB 1-1
TAFort Worth\Annexation W&W W\03 Exhibit B 1 B2-Compensation Annexldoc
EXHIBIT"B-2" ATTACHMENT CO
• COMPENSATION
Compensation to Freese and Nichols shall be based on the following Schedule of Charges:
The total fee for Basic Services in Attachment SC shall be performed for the lump sum fee of
$150,052.00. If FNI sees the Scope of Services changing so that Additional Services are needed,
including but not limited to those services described as Additional Services in Attachment SC,FNI
will notify OWNER for OWNER's approval before proceeding. Additional Services shall be
computed base on the Schedule of Charges.
Schedule of Charges:
POSITION MIN MAX
PRINICIPAL 194.46 274.49
SENIOR CONSULTANT 159.01 27956
MANAGER-LOCAL OFFICE 143.82 179.78
GROUP MANAGER 165.27 211.86
SR DISCIPLINE LEADER 182.25 204.77
DISCIPLINE LEADER 90.02 172.90
PROGRAM MANAGER 11 113.82 166.04
PROGRAM ADMINISTRATOR 111.93 139.91
ENGINEER VIII 202.37 223.18
ENGINEER VII 155.79 196.13
ENGINEER VI 108.50 189.52
ENGINEER V 113.05 150.64
ENGINEER IV 97.51 120.69
ENGINEER INTERN III 88.97 111.72
ENGINEER INTERN II 82.04 97.46
ENGINEER INTERN 1 76.55 89.78
ELECTRICAL ENGINEER V 120.30 150.38
ELECTRICAL ENGINEER IV 126.63 136.12
ELECTRICAL ENGINEER INTERN 111 92.86 97.90
MECHANICAL ENGINEER VI 152.78 189.52
MECHANICAL ENGINEER IV 106.02 115.58
SENIOR RESIDENT REPRESENTATIVE 102.87 131.71
CONSTRUCTION CONTRACT ADMIN 111 88.34 162.18
CONSTRUCTION CONTRACT ADMIN II 78.30 116.17
CONSTRUCTION CONTRACT ADMIN 1 65.07 123.11
SR DESIGNER 105.55 131.93
DESIGNER 11 104.48 126.82
DESIGNER 1 93.66 114.55
SENIOR ENGINEERING TECHNICIAN 92.05 115.06
ENGINEERING TECHNICIAN 72.31 99.11
TECHNICIAN 11 66.08 84.78
TECHNICIAN 1 57.61 85.85
DRAFTER 46.20 59.46
GIS ADMINISTRATOR 1 D6.60 133.26
GIS ANALYST It 58,65 73.32
DOCUMENT CONTROL CLERK 48.92 61.15
ENVIRONMENTAL SCIENTIST VII 119.13 148.91
ENVIRONMENTAL SCIENTIST VI 90.67 113.34
ENVIRONMENTAL SCIENTIST IV 72.85 91.07
ENVIRONMENTAL SCIENTIST III 65.17 98.05
ENVIRONMENTAL SCIENTIST II 66.22 80.41
ENVIRONMENTAL SCIENTIST 1 49.07 61.34
ARCHITECT VII 142.68 178.35
ARCHITECT V 112.35 140.61
LANDSCAPE ARCHITECT V 110.28 137.85
ARCHITECT INTERN III 95.87 119.84
ARCHITECT INTERN 11 69.83 92.10
ARCHITECT INTERN 1 59.29 76.70
INTERIOR DESIGNER 111 62.03 77.54
HYDROLOGIST VI 102.08 127.60
HYDROLOGIST V 93.87 117.34
HYDROLOGIST IV 80.85 101.06
HYDROLOGIST II 72.66 83.42
GEOTECHNICAL ENGINEER VI 132.12 165.15
SENIOR GEOLOGIST 88.20 110.25
PUBLIC INVOLVEMENT COORDINATOR 78.61 87.47
WEB SERVICES ADMINISTRATOR 77.76 97.20
WORD PROCESSING/SECRETARIAL 52.19 59.83
OPERATIONS ANALYST 87.40 110.10
CONTRACT ADMINISTRATOR 78.47 98.09
INFORMATION SERVICES CLERK 38.12 48.55
CO-OP 26.25 56.96
The ranges and individual salaries will be adjusted annually.
RATES FOR INHOUSE SERVICES
Computer and CAD Calcomp Plotter Print Shop
PC CAD Stations $10.00 per hour Bond $2.00 per plot Bluelines $0.08 per square foot
PC Stations $8.00 per hour Calor $3.50 per plot Offset and Xerox Copies $0.07 per single side copy
VAX Computer $20.00 per hour Vellum $4.00 per plot Offset and Xerox Copies $0.14 per double side copy
Mylar $10.00 per plot GBC Binding(Reg.Cover) $2.00 per book
GBC Binding(Emboss.Cover) $4.00 per back
Testing Apparatus Tape Binding(Reg.Cover) $1.75 per
Density Meter $350.00 per month Tape Binding(Emboss.Cover) $3.75 per I ,l
Gas Defection $10.00 per test ` L
P lJt(
OTHER DIRECT EXPENSES t�' L6� �=2LL�
Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside peri ing�cf.,,aepr� ctl '��
expense, communication expense,travel,transportation and subsistence away from Fort Worth and oth r mis�efrahe6 'b li46 es
directly related to the work,including costs of laboratory analysis,tests and other work required to be done By In epen en persons
cpm:3.5A 03-31-03 FNI
Flworth/Keller www conversion OWNER
EXHIBIT "B-3"
(SUPPLEMENT TO ATTACHMENT "B")
SUMMARY OF TOTAL PROJECT FEES
DESIGN FEE COST
DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON
ROAD AND RIVERSIDE NORTH AREA (ANNEXATION A-00-02)
D.O.E No.4210
Water Project No.P163-060163015121
Sewer Project No. P173-070173013123
Scope of Services Total Fee MWBE Fee %
Water/Sanitary Sewer Design $150,052.00 $34,500.00 23.0%
Proposed M/WBE Sub-consultants Services Fee % of Total
Gorrondona& Associates, Inc. Survey $34,500.00 23.0%
Proposed Non-MIWBE Sub-consultants Services Fee % of Total
Reprographics Fort Worth Inc. Reproduction $1,513.00 1.0%
EB3-1
EXHIBIT "B-3A"
(SUPPLEMENT TO ATTACHMENT "B")
SUMMARY OF TOTAL PROJECT FEES
DESIGN FEE COST
DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD
AND RIVERSIDE NORTH AREA (ANNEXATION A-00-02)
D.O.E No.4210
Water Project No. P163-060163015121
Sewer Project No.P173-070173013123
Scope of Services Total Fee MWBE Fee
Prepare SWPPP $4,000.00 $0.00 0.0%
Water/Sanitary Sewer Design $146,052.00 $34,500.00 23.6%
Proposed M/WBE Sub-consultants Services Fee % of Total
Gorrondona&Associates, Inc. Survey $34,500.00 23.0%
Proposed Non-M/WBE Sub-consultants Services Fee % of Total
Reprographics Fort Worth Inc. Reproduction $1,513.00 1.0%
NJ Y li c.'�::?'t IL•�:?: .
EB3A-1 � `� UN, � �:
EXHIBIT "B-3A"
(SUPPLEMENT TO ATTACHMENT "B")
DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD
AND RIVERSIDE NORTH AREA(ANNEXATION A-00-02)
D.O.E. No. 4210
Water Project No. P163-060163015121
Sewer Project No. P173-070173013123
November 6, 2003
Mr. Tony Sholola, P.E.
Consultant Services Division
Department of Engineering
City of Fort Worth
1000 Throckmorton St.
Fort Worth, TX 76102
Reference: DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE
THOMPSON ROAD AND RIVERSIDE NORTH AREA (ANNEXATION A-00-02)
D.O.E. No. 4210
Water Project No. P163-060163015121
Sewer Project No. P173-070173013123
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 Improvements = $1,410,722
Basic Engineering Fee based on % of construction (T.S.P.E. Curve %)
(TSPS Curve 7.35% X 0.85 = 6.25 %) $ 88,170
EB3A-2
Basic Services Total $88,170.00
Basic Design Fee (Water&Sewer) $87,609.00
Special Services Total $7,601.00
10% Mark-up for Subcontractors $3,601.00
Prepare SWPPP $4,000.00
Design Survey Total $34,500.00
Topographic Survey From Malabu Sun Dr. to Approx. 800 feet $17,000.00
North of Tarrant Pkwy. (3,600 linear feet @ $4.72 per foot)
Topographic Survey From Malabu Sun Dr.to Fox Chase Dr. $4,000.00
(800 linear feet @ $5.00 per foot)
Topographic Survey From 800' North of Tarrant Pkwy. to $13,500.00
Georgetown Place (2,900 linear feet @ $4.66)
Construction Services Total $15,600.00
Prepare Addendums, Attend Bid Opening and Prepare Bid Tab $2,500.00
Assist City in Preparing &Conducting Pre Construction Meeting $500.00
Review submittals and shop drawings $5,000.00
Conduct Field Visits & Provide Technical Assistance $1,500.00
Conduct Final Inspection of Project with City&Contractor $1,000.00
Prepare (1) Set of Reproducible Record Drawings $5,100.00
Reproductions' Total $4,181.00
18 Sets of Preliminary Plans for Utility Clearance $389.00
2 Sets of Preliminary Plans $44.00
2 Sets of Preliminary Specifications $68.00
50 Sets of Construction Plans $1,080.00
50 Sets of Construction Specifications $1,700.00
1 Set of Mylars $450.00
1 Set of As-Built Drawings $450.00
' Estmated total of 45 sheets.
TOTAL LUMP SUM (Water Fee$85,210; Sewer Fee$64,281) $150,052.00
We will be using Gorrondona & Associates, Inc. for survey. This will result in a 23.0 %
($ 34,500) portion of the contract that will be performed by approved MWBE firms which will meet or
exceed the target of 15 %.
If you have any questions or require additional information, please call me.
Sincerely,
Freese and Nichols, Inc.
<'�'�7?ter /✓�2,e,_L='
Thomas Haster, P.E.
Principal
EB3A-3
EXHIBIT "B-4"
(SUPPLEMENT TO ATTACHMENT "B")
SUMMARY OF OPINION OF PROBABLE CONSTRUCTION COST
(Council District 2)
DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD
AND RIVERSIDE NORTH AREA (ANNEXATION A-00-02)
D.O.E No. 4210
Water Project No. P163-060163015121
Sewer Project No. P173-070173013123
A. Old Denton Highway
1. Water - $610,291
2. Sewer - $420,431
B. W.W. Thopson
1. Water- $114,429
2. Sewer - $137,369
SUBTOTAL $1,282,520
10% CONTINGENCIES $128,252
TOTAL ESTIMATED CONSTRUCTION COST $1,410,772
TATAL WATER $797,192 (57%)
TOTAL SEWER $613,580 (43%)
GRAND TOTAL $1,410,772
EB4-1
EXHIBIT "B-5"
ra ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST
FREESE-NICHOLS DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE
THOMPSON ROAD AND RIVERSIDE NORTH AREA(ANNEXATION A-00-02)
ACCOUNT • ESTIMATOR CHECKED BY DATE
7F03041/FTWO/FW DGS RGK October 31,2003
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
WATER
1 16"water line along Old Denton Highway and W.W.Thompson Road 5,700 L.F. $55.00 $313,500
2 Air/Vacuum Valves&Vaults 4 E.A. $2,200.00 $8,800
3 Blowoff Valves&Vaults 4 E.A. $2,100.00 $8,400
4 16"Resilient Seat Gate Valves with Bypass 6 E.A. $6,500.00 $39,000
5 Ductile Iron Fittings 26 TON $3,100.00 $80,600
6 HMAC Permanent Pavement Repair 5,700 L.F. $27.00 $153,900
7 Fire H drants 20 E.A. $2,300.00 $46,000
8 1"Service Tap to Main 18 E.A. $700.00 $12,600
9 1"Copper Water Service 630 L.F. $14.00 $8,820
10 Furnish and Set Meter Box 18 E.A. $100.00 $1,800
14 Repair and hydro-mulch grass disturbed areas 5,700 L.F. $8.00 $45,600
16 Trench Safety 5,700 L.F. $1.00 $5,700
s '`off SUBTQ7:lL.": - �i 72 20
SEWER
1 8"S.S.Collector all depths) 4,300 L.F. $32.00 $137,600
2 12"S.S.Collector all depths) 2,400 L.F. $42.00 $100,800
3 4 ft manholes all depths) 22 E.A. $3,200.00 $70,400
4 Sanitary Service Tap 40 E.A. $750.00 $30,000
5 4"Sanitary Service Line 1,600 L.F. $20.00 $32,000
6 HMAC Permanent Pavement Repair 6,000 L.F. $28.00 $168,000
7 Repair and h dromulch grass disturbed areas 700 L.F. $8.00 $5,600
8 Post-Construction TV Inspection of Sanitary Sewer 6,700 L.F. $1.00 $6,700
9 Trench Safetx 6,700 L.F. $1.00 $6,700
=SUBTQ CAL .$ * 557 800
SUBTOTAL $1,282,520
CONTINGENCY 10.0% $128,252
PROJECT TOTALr
(OFF03041]T:\Fort WortMAnnexation W&WM04 Exhibit 133 B4 B5.xls EB5-1
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHEMENT A
WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE THOMPSON ROAD AND
RIVERSIDE NORTH AREA (ANNEXATION A-00-02)
D.O.E. No. 4210
Water Project No. P163-060163015121
Sewer Project No. P173-070173013123
There are no changes and amendments to Standard Agreement and Attachment A.
Attachment C, Page 1
TAFort Worth\Annexation W&WW\03 Exhibit B1 B2-Compensation Annexldoc
ID Task Name 1 st Quarter 2nd Quarter
Dec Jan Feb Mar I Apr may
1 Notice to Proceed
2 Design Phase
3 Pre-Engineering
4 Pre-Design Coordination Meeting
5 Data Collection
6 Coordination with Other Agencies
7 Preliminary Design
8 Survey
9 Prepare Preliminary Plans and Specifications
10 City Review and Approval of Preliminary Plans and Specific
11 Prepare Final Plans and Specifications
12 Advertise and Bid
13 Award Contract
14 Construction
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WATER SYSTEM 1MPROUMENTS SCALE:1 "=800'
DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE WTR 2054-444
THOMPSON ROAD AND RIVESIDE NORTH AREA (ANNEXATION A-00-02) 2054-448
2060-444
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■ll Fort Worth, Texas 76109.4895 SWR PROJ. NO. P173-070173013123
817.735.7300 D.O.E. NO. 4210
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SEWER SYSTEM IMPROI/MENTS SCALE:1 "=500'
DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE WTR 2054-444
THOMPSON ROAD AND RIVERSIDE NORTH AREA (ANNEXATION 2054-4482060-444
A-00-02) MAPSCO 35D&H
4055 International Plaza•Suite 200 WTR PROJ. NO. P163-060163015121
Nam
�NICHOLS Fort Worth, Texas 76109.4895 SWR PROJ. NO. P173-070173013122
817.735.7300 D.O.E. NO. 4210
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ATTACHMENT "E" (SHEET 3)
SEWER SYSTEM lMPROI/MENTS SCALE:1 "=500'
DESIGN OF WATER AND SANITARY SEWER IMPROVEMENTS TO SERVE WTR 2054-444
THOMPSON ROAD AND RIVERSIDE NORTH AREAANNEXATION A-00-02 2054-448
AREA (ANNEXATION 2060-444
MAPSCO 35D&H
4055 International Plaza•Suite 200 WTR PROJ. NO. P163-060163015121
m, Fort Worth, Texas 76109.4895 SWR PROJ. NO. P173-070173013123
817.735.7300 D.O.E. NO. 4210
FREESE-NICHOLS
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/23/2004
DATE: Tuesday, March 23, 2004
LOG NAME: 30THOMPSON REFERENCE NO.: **C-20003
SUBJECT:
Engineering Agreement with Freese and Nichols, Inc. for Water and Sanitary Sewer Improvements
to Serve the Thompson Road and Riverside North Area (Annexation A-00-20)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with Freese
and Nichols, Inc. in the amount of $150,052 for water and sewer improvements to serve the Thompson
Road and Riverside North area (Annexation A-00-20).
DISCUSSION:
On January 9, 2001, the City Council approved.Ordinance No. 14453 for the annexation of 122.0 acres of
land out of the William McCowan Survey, Abstract No. 999, and the Charles C. Whyte Survey, Abstract No.
1611, Tarrant County, Texas (Annexation Case No. A-00-20).
The engineering services to be performed under this contract consist of the preparation of plans, and
specifications for the extension of approximately 5,700 linear feet of 16-inch water pipe and 6,700 linear feet
of 8 and 12-inch sanitary sewer pipe in order to provide water and sanitary sewer services to the annexed
area. The location of the proposed improvements is shown on the attached location map.
Freese and Nichols, Inc. proposes to perform the design for a lump sum fee of $150,052. Staff considers
this fee to be fair and reasonable for the scope of services proposed.
Freese and Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 23%
participation. The City's goal on this project is 15%.
In addition to the contract amount, $6,000 ($4,000 water; $2,000 sewer) is required for project management
by the Engineering Department.
This project is located in COUNCIL DISTRICT 2, Mapsco 35C, G and H.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Sewer Capital Project Fund.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/24/2004
rage L,vi a
TO Fund/Account/Centers FROM Fund/Account/Centers
P163 531200 060163015121 $85,210.00
P173 531200 070173013123 $64,281.00
Submitted for City Managers 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 3/24/2004