HomeMy WebLinkAboutContract 31045 CITY SECREcTAW
CITY OF FORT WORTH, TEXAS NO.
STANDARD AGREEMENT FOR ENGINEERING SPERM
This AGREEMENT is between the City of Fort Worth (the "CITY'), and Carter &
Burgess, Inc., (the "ENGINEER"), for a PROJECT generally described as: Trinity
Boulevard Culvert Improvement at Valley View Branch Channel.
Article 1
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 111
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of suspension
of services, the ENGINEER shall have no liability to CITY for delays or
damages caused the CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations shall
be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any 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.
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E. Engineer's Personnel at Construction Site
presence or duties of the ENGINEER's
(1) The p personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with the
Contract Documents, nor shall anything in the Contract Documents or the
agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the
work on the PROJECT. If, for any reason, the ENGINEER should make an
on-site observation(s), on the basis of such on-site observations, if any, the
ENGINEER shall endeavor to keep the CITY informed of any deviation from
the Contract Documents coming to the actual notice of ENGINEER regarding
the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no control
over cost or price of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect operation or maintenance
costs; competitive bidding procedures and market conditions; time or quality
ENGINEERING CONTRACT
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of performance by third parties; quality, type, management, or direction of
operating personnel; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore, the
ENGINEER makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not vary from the
ENGINEER's opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's
knowledge, information, and belief from selective sampling and observation that the
work has progressed to the point indicated. Such recommendations do not
represent that continuous or detailed examinations have been made by the
ENGINEER to ascertain that the construction contractor has completed the work in
exact accordance with the Contract Documents; that the final work will be
acceptable in all respects; that the ENGINEER has made an examination to
ascertain how or for what purpose the construction contractor has used the moneys
paid; that title to any of the work, materials, or equipment has passed to the CITY
free and clear of liens, claims, security interests, or encumbrances; or that there are
not other matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact location,
type of various components, or exact manner in which the PROJECT was finally
constructed. The ENGINEER is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this contract
and its commitment to meet that goal. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this agreement and debarment from participating in City
contracts for a period of time of not less than three (3)years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
ENGINEERING CONTRACT
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and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this article
together with subsection (3)hereof. CITY shall give sub-consultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting policies
of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage
if written on a split limits basis). Coverage shall be on any vehicle used
in the course of the PROJECT.
Workers 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. - ---
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Q) 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 of a qualified
subcontractor to manage the remediation activities of the PROJECT.
ENGINEERING CONTRACT
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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
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 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."
ENGINEERING CONTRACT
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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 Risklinstallation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time required
for performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
ENGINEERING CONTRACT
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B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will be
at the CITY's sole risk. The final designs, drawings, specifications and documents
shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by
acts of God, strikes, lockouts, accidents, or other events beyond the control of the
ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-0f--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
Executed this the day of aarn , 2004.
ATTEST: FORT WOR14-11
Marty Hendrix 0Marc. A. tt v v
City Secretary Assistant City Manager
/\' r
APPROVAL RECOMMENDED
A „ �i._deitAoa
A. Douglas Rademaker, P.E.
Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
AAssistantty Attorney
CARTER & B 1R 7.E�S, INC
ENGINEER
By. GL(
Darrell Thompson, P.E.
Vice President
ENGINEERING CONTRACT
Page 14 of 14
ATTACHMENT "A"
General Scopeof entices
"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 facilities made by the
permitting authority. If such changes are required, the Engineer shall notify the City and
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I
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.
LZ� . L '� ..
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.
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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.
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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.
Carter Surgess
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
ENGINEERING SERVICES: TRINITY RIVER CULVERT IMPROVEMENT - VALLEY VIEW
BRANCH
The City of Fort Worth is proposing to improve the existing culvert crossing of Trinity Boulevard at
Valley View Branch. The existing culvert sizing does not convey the 100-year storm and Trinity
Boulevard is frequently overtopped. The purpose of this study is to prepare the required
hydrologic and hydraulic analysis to re-size the culvert crossing to convey the 100-year flood
discharge.
I. FLOOD STUDY
A. Data Collection
1. Assemble existing hydrologic and hydraulic information.
2. Obtain available topographic site information for this reach of Valley View Branch and
Trinity Boulevard.
3. Conduct a site investigation to determine existing characteristics of the channel,
roadway and drainage area.
B. Hydrology
1. Using available topographic information, delineate drainage basin for Valley View
Branch.
2. Determine drainage basin characteristics including curve number, percent impervious,
soil type and time of concentration.
3. Calculate 100-year discharge of Valley View Branch at the Trinity Boulevard culvert
crossing for existing and ultimate development conditions.
C. Hydraulics
1. Prepare an existing conditions hydraulic model to calculate the 100-year water surface
elevation based on existing conditions. The existing conditions model will not include
backwater effects from the Trinity River.
2. Calculate preliminary culvert sizes to convey the 100-year flood discharge without
overtopping Trinity Boulevard.
3. Create a proposed conditions hydraulic model to calculate the 100-year water surface
elevation based on proposed conditions. The preliminary culvert sizes will be
modified, if necessary, so that the proposed conditions 100-year water surface
elevation does not increase over the existing conditions 100-year water surface
elevation.
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4. Analyze the proposed culvert crossing for the 100-year flood discharge based on
ultimate development conditions. The majority of the watershed is currently
developed. However, additional development in the future may increase the discharge
to the Trinity Boulevard culvert. The proposed culvert crossing will be designed to
convey the ultimate development discharge without overtopping Trinity Boulevard.
II. Assumptions
1. Hydraulic modeling will be performed only within the reach of Valley View Branch
affected by the culvert crossing. Should modeling be required on other waterways, they
will be accomplished as Additional Services.
2. Additional reimbursable items for this contract over and above the budgeted amount are
the responsibility of the Client and may include other fees assessed by regulatory
agencies.
3. Any additional work not specifically included in the above scope of services will be
accomplished as Additional Services, after approval by the Client.
4. This scope of serviced does not include topographic and survey information. If
topographic or survey information is required, they will be provided by the Client of
prepared as additional services.
5. This scope of services does not include the preparation and/or submittal of a Conditional
Letter of Map Revision (CLOMR) request for any of the studied tributaries.
6. This study does not include final design or construction plans for proposed culvert
crossing.
7. This study does not include submittal or preparation of a 404 Permit.
8. This study does not include a detention analysis.
III. Proposed Costs
The estimated cost to complete the aforementioned tasks is $5,500.
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EXHIBIT "A-2"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: STORM DRAIN CHANNEL AND PAVING 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 storm drain channel and paving
improvements for the following:
■ Trinity Boulevard Culvert Improvements
• Street Reconstruction
o Trinity Boulevard from Norwood to Bell Spur
Street Reconstruction (HMAC Option)
PAVEMENT
STREET NAME 2" 8" Cement Cement 6"
HMAC Stab Base Reinforced
Conc
Driveway
(TN) (SY) (TN) (SF)
Trinity
Boulevard 80 7512 188 1650
Norwood
to
Bell Spur
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:
i) One (1) pre-design kick-off meeting, (including the CITY's Department of Engineering
and other departments that are impacted by the project).
ii) One (1) review meeting at completion of the City's review of the conceptual
engineering plans.
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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, CITY drainage complaint files, existing applicable
drainage studies, FEMA floodplain and floodway maps, existing models for the project
area (if any), and 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) Schedule Submittal and Monthly Progress Report
The ENGINEER shall submit a project schedule after the design contract is fully executed.
The schedule shall be updated and submitted to the CITY along with monthly progress
reports as required under Attachment B of the contract.
PART B - CONSTRUCTION PLANS AND SPECIFICATIONS
1) Conceptual Engineering
a) Surveys for Design
i) ENGINEER will perform field surveys to collect horizontal and vertical elevations and
other information needed by 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
elevation of buried utilities, structures, and other features that would affect proposed
construction and be relevant to the final plan sheets. ENGINEER shall establish survey
control or a suitable reference base line on the ground and obtain complete and
accurate cross section data at a maximum of 50 foot intervals and at major grade
breaks. Existing drainage will be verified by field surveys. Compile base plan from
survey data at 1" = 20' scale.
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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 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, and 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 survey information to be provided on the plans shall include the following:
i) A Project Control Sheet, showing ALL Control Points, used or set while gathering
data. Generally on a scale of not less than 1:400:
ii) The following information about each Control Point;
(1) Identified (Existing. City Monument#8901, PK Nail, 5/8" Iron Rod)
(2) X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing
base. Z coordinate on City Datum only.
(3) 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).
iii) Coordinates on all P.C.'s, P.T.'s, P.l.'s, Manholes, Valves, etc., in the same coordinate
system, as the Control.
iv) No less than two horizontal benchmarks, per line or location.
v) Bearings given on all proposed centerlines, or baselines.
vi) Station equations relating utilities to paving, when appropriate.
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c) Public Notification
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.
d) Storm Drainage
ENGINEER will review and document the storm water watershed drainage runoff area
and existing street, right-of-way and storm sewer capacities for the subject site. A
drainage area map will be drawn at 1" = 200' scale from available contour maps.
ENGINEER shall execute the applicable hydrologic and hydraulic models, prepare
detailed hydraulic analysis for existing and proposed channel conditions (100 year
storm). The ENGINEER's responsibility includes recommendations for improvements of
the existing system as deemed reasonable and consistent with City standards.
e) Conceptual Engineering Plan Submittal
i) Conceptual plans shall be submitted to City 60 days after Notice to Proceed Letter is
issued.
ii) The ENGINEER shall furnish four (4) copies of the Phase 1 concept engineering
plans, which include layouts, preliminary easement needs and cost estimates for the
ENGINEER's recommended plan. The ENGINEER shall also evaluate the phasing of
the street and drainage work, and shall submit such evaluation in writing to the City as
a part of the concept phase of the project.
2) Preliminary Engineering
Upon approval of Part B, (e) ii, ENGINEER will prepare construction plans as follows:
a) Geotechnical investigation (if approved by the CITY) to include the following:
i) Soil borings of sufficient quantity for geotechnical analysis to determine depth to rock
and design parameters. Bore holes should be tied to horizontal and vertical datum.
ii) Laboratory analysis.
iii) Report of field and laboratory data to include analysis of results and recommendations
defining culvert and channel design parameters.
b) Drainage area maps with drainage calculations and hydraulic computations.
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c) Preliminary project plans and profile sheets which will show the following and shall be on
22" x 34" sheets:
i) Existing channel centerline, existing left and right top of channel bank, existing utility
crossings and existing right-of-way/easement.
ii) Proposed top of channel backs, channel flowline (existing and proposed) 100-year
water surface profile along with water and sanitary sewer line adjustments to
accommodate the proposed channel improvements.
iii) Culvert upgrades and roadway pavement replacement.
iv) Typical channel details
v) Limits of right-of-way or easements and temporary construction easement.
d) Proposed roadway profile grades and elevations along roadway centerline; elevations at
all p.v.i.'s; pYs half stations; high and low points; vertical curve information; and pertinent
AASHTO calculations. Profiles for existing curbs (if any) and existing ground at the left and
right-of-way lines shall be shown. Existing found property corners (e.g. Iron pins), along
the existing right-of-way shall be shown on the plans. Profiles for existing and proposed
storm drain mains and leads shall be provided.
e) Existing utilities and utility easements will be shown on the roadway plan and profile
sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to
ascertain what, if any, future improvements are planned that may impact the project.
f) Preliminary channel cross-sections will be developed, from the survey notes, at intervals
not to exceed 50 foot along the project length and will extend to the right of way or
easement line on both sides of the channel. Additional cross-sections at important
features including grade breaks in the channel flowline retaining walls, etc., will also be
provided.
g) Preliminary roadway cross-sections will also be developed, from the survey notes, at
intervals not-to-exceed 50 foot along the project length and will extend 10' past the right of
way line on both sides of the street. Additional cross-sections at important features
including driveways, p.i.'s of intersecting streets, etc., will also be provided. Profiles of
centerline of driveways will also be provided where necessary. Scale will be 1" = 10'
horizontal and 1" = 2' vertical.
h) Proposed plan/profile sheets will conform to City of Fort Worth construction legend.
Adequate horizontal and vertical control shall be provided on the plan sheets to locate all
proposed and existing facilities. Legal descriptions (Lot Nos., Block Nos., and Addition
Names) along with property ownership shall be provided on the plan view.
i) Furnish as a function of final plans, six (6) copies of the final channel cross-sections on
22" x 34" sheets. Scale will be 1" = 20' horizontal and 1" = 2' vertical with cross sections
plotted with stationing from the bottom of the sheet. Hydraulic computations and profiles
of all storm drain outfalls into the channel shall be provided.
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j) Furnish as a function of final plans, six (6) copies of the final roadway cross-sections on
22" x 34" sheets. Information on these sheets will include centerline station, profile
grades and centerline elevations, roadway section (existing and proposed), and right-of-
way limits. Scale will be 1"= 20' horizontal and 1"= 2' vertical with cross sections plotted
with stationing from the bottom of the sheet. Excavation and embankment volumes and
end area computations shall also be provided.
k) 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.
1) 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 Division for Acquisition of
Property".
m) Utility Clearance Phase
The ENGINEER will consult with the City's Transportation and Public Works
Department, Water Department, Department of Engineering, and other CITY
departments, public utilities, private utilities, private utilities and government agencies to
determine the approximate location of above and underground utilities, and other
facilities that have an impact or influence on the project. ENGINEER will design City
facilities to avoid or minimize conflicts with existing utilities.
The ENGINEER shall deliver a minimum of 13 sets of approved preliminary construction
plans to the City's Utility Coordinator for forwarding to all utility companies, which have
facilities within the limits of the project.
n) Preliminary Construction Plan Submittal
i) Preliminary construction plans and specifications shall be submitted to CITY 30 days
after approval of Part B, Paragraph (e) ii.
ii) The ENGINEER shall deliver twenty (20) sets of preliminary construction plans and
two (2) specifications to CITY for review. Generally, plan sheets shall be organized as
follows:
Cover Sheet
General Layout and Legend Sheet
Drainage Area Map and Computations
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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.
o) 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.
p) Public Meeting
After the preliminary plans have been reviewed and approved by the City, the
ENGINEER shall prepare project exhibits, provide the CITY with the database listing the
names and addresses of all residents and business to be affected by the proposed
project, and attend public meeting to help explain the proposed project to residents. The
CITY shall select a suitable location and mail the invitation letters to the affected
customers.
3) Final Construction Plan Submittal
a) Final Construction Documents shall be submitted to CITY 30 days after approval of Part B,
(o).
Following CITY approval of the recommended improvements, the ENGINEER shall
prepare final plans and specifications and contract documents to CITY (each plan sheet
shall be stamped, dated, and signed by the ENGINEER registered in State of Texas)
and submit two (2) sets of plans and construction contract documents within 15 days of
CITY's final approval. Plan sets shall be used for Part C activities.
b) ENGINEER's Estimate of Probable Construction Cost
The ENGINEER shall submit a final estimate of probable construction cost with the final
plans submitted.
PART C - PRE-CONSTRUCTION ASSISTANCE
1) Administration
a) Bid Documents Submittal
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The ENGINEER will make available for bidding, upon request by the CITY, up to fifty (50)
sets of the final approved and dated plans and specifications and contract documents for
the projects to the CITY for distribution to potential bidders. The ENGINEER will provide
four (4)sets of all right-of-entry agreements and easements to the CITY for bidding
purposes.
Bidding Assistance
The ENGINEER shall assist the CITY during this phase including preparation and
delivery of any additional addenda prior to bid opening to plan holders and respond to
questions submitted to DOE by prospective bidders. Engineer shall attend the scheduled
pre-bid conference.
The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The
ENGINEER shall attend the project bid opening, develop bid tabulations in hard copy
and electronic format and return four (4) copies of the bid tabulation, along with the
contract documents to the City within three (3) working days after bid openings.
b) 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.
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ATTACHMENT "B"
COMPENSATION AND SCHEDULE
Engineering Design Services Associated with:
TRINITY BOULEVARD CULVERT IMPROVEMENTS
I. Compensation
a. The Engineer shall be compensated a total lump sum fee of$96,122.56 as summarized
in Exhibit"13-3". Payment of the total lump sum fee shall be considered full compensation
for the services described in Attachment"A" and Exhibits "A-1" and "A-2"for all labor
materials, supplies and equipment necessary to complete the project.
b. The Engineer shall be paid monthly as described in Exhibit"13-1", Section 1 —Method of
Payment.
Each invoice is to be verified as to its accuracy and compliance with the terms of the
contract by an officer of the Engineer.
Il. Schedule
Final Plans and Contract Documents for bid advertisement shall be submitted within 135
calendar days after the"Notice to Proceed" letter is issued. "
a. Conceptual Engineering Plans: 60 calendar days
b. Preliminary Engineering Plans and Contract Documents: 30 calendar days
c. Final Engineering Plans and Contract Documents: 30 calendar days
d. Final Plans and Contract Documents: 15 calendar days
B-1
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EXHIBIT "13-1"
(SUPPLEMENT TO ATTACHMENT B)
PAYMENT
Engineering Design Services Associated with:
TRINITY BOULEVARD CULVERT IMPROVEMENTS
I. Method of Payment
a. Partial payment shall be made to the Engineer monthly upon City's approval of an invoice
from the Engineer outlining the estimated current percent complete of the project.
b. The aggregate of such monthly partial fee payment shall not exceed the following:
I. Until satisfactory completion of Exhibits "A-1"and "A-2", Conceptual
Engineering Plan Submittal, and approval by the City, a sum not to exceed
30 percent of the total lump sum fee.
II. Until satisfactory completion of Exhibits "A-1"and "A-2", Preliminary
Engineering Plan Submittal, and approval by the City, a sum not to exceed
60 percent of the total lump sum fee, less previous payments.
III. Until satisfactory completion of Exhibits "A-1"and "A-2", Final Plans and
Contract Documents Submittal, and approval by the City, a sum not to
exceed 90 percent of the total lump sum fee, less previous payments.
IV. The balance of fees, less previous payments, shall be payable after all of
the pre-construction meetings for the Project have been conducted.
II. Progress Reports
a. The Engineer shall submit to the designated representative of the Director of the
Department of Engineering monthly progress reports covering all phases of design by the
15' of every month in the format required by the City.
b. If the Engineer determines in the course of making design drawings and specifications
that the opinion of probable construction cost of$916,716.63, as estimated in Exhibit"B-
4", will be exceeded, whether by change in the scope of the project, increased cost, or
other conditions, the Engineer shall immediately report such fact to the City's Director of
the Department of Engineering and, if so instructed by the Director of the Department of
Engineering shall suspend all work hereunder.
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EXHIBIT "B-2"
(SUPPLEMENT TO ATTACHMENT B)
2004 STANDARD RATE SCHEDULE
Engineering Design Services Associated with:
TRINITY BOULEVARD CULVERT IMPROVEMENTS
2004 Standard Rate Schedule
Employee Classification Rate/Hour
Principal $159.00
Project Manager (PM) $128.00
Project Engineer (PE) $112.00
Design Engineer $96.00
CADD Technician $80.00
Clerical $48.00
Reimburseables Cost + 10%
Mileage $0.375
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H:lJobO 137331 Trinity BNMPROPOSAL1013733.B-2.DOC
EXHIBIT B-3A SUMMARY OF PROJECT FEE
(SUPPLEMENT TO ATTACHMENT B)
2004 CAPITAL IMPROVEMENTS PROJECTS
Consulting Firm Responsibility Amount Percent
Prime Consultant:
Carter& Burgess, Inc. Project Management & $54,544.64
Engineering
Additional Services $12,693.17
Printing & Reproduction Subtotal $3,859.75
Subtotal $71,097.56 74.0%
M/WBE Consultant
Lopez Garcia Group, Inc. Survey $25,025.00
Subtotal $25,025.00 26.0%
Total for Professional Services $96,122.56
013733.B-3&4-trinity.xls B3A-1 B-3A SUMMARY OF PROJECT FEE
EXHIBIT B-313 FEE SUMMARY
(SUPPLEMENT TO ATTACHMENT B)
2004 CAPITAL IMPROVEMENTS PROJECTS
Basic Services Fee = Construction Cost x ASCE Curve "A"x 85%
ASCE Curve
Construction Cost "A" Multiplier Fee Subtotal
Transportation & Public Works
Paving & Drainage
(Trinity Boulevard) $916,716.63 7.00% 85% $54,544.64
Transportation & Public Works: Basic Services Total
$54,544.64
Additional Services:
Transportation & Public Works
Topographic Survey Services $25,025.00
Additional Services $12,693.17
Printing & Reproduction Subtotal $3,859.75
Additional Services Subtotal $41,577.92
Total Project Fees:
Transportation & Public Works
Basic Services $54,544.64
Additional Services $41,577.92
Total Project Fee Subtotal $96,122.56
TOTAL PROJECT FEE $96,122.56
013733.6-3&4-trinity.xis B3B-1 B-3B FEE SUMMARY
EXHIBIT 13-3131 FEE BREAKDOWN
(SUPPLEMENT TO ATTACHMENT B)
2004 CAPITAL IMPROVEMENTS PROJECTS
A. SUMMARY OF TOTAL FEE
Service Description Paving & Drainage Total
Engineering $71,097.56 $71,097.56
Survey $25,025.00 $25,025.00
Total $96,122.56 $96,122.56
B. BREAKDOWN OF PAVING AND DRAINAGE FEES (LESS SURVEY FEES)
1) Total Paving Fee (less survey fee) Breakdown by Conceptual, Preliminary, and Final Design
a. Conceptual 30% $21,329.27
b. Preliminary 60% $42,658.54
c. Final 10% $7,109.76
013733.B-3&4-trinity.xis B3B1-1 B-3B1 FEE BREAKDOWN
EXHIBIT B-3C SURVEY FEE (SUPPLEMENT TO ATTACHMENT B)
SERVICES
2004 CAPITAL IMPROVEMENTS PROJECTS
Transportation&Public
Works
Survey
Location Length Length Subtotal
LF LF $
Trinity Boulevard(Norwood to Bell Spur) 2500 2500 $8,080.00
Culvert Cross-sections 450 450 $3,590.00
Valley View Branch(North of Trinity Blvd.) $1,870.00
Valley View Branch(South of Trinity Blvd.) $9,100.00
Right of Entry $885.00
Temporary Construction Easements $1,500.00
SUBTOTALS Tota 1
2950 2950 $25,025.00 Survey Fee
$25,025.00
013733.B-3&4-trinity.xls B3C-1 B-3C SURVEY FEE
EXHIBIT B-3D ADDITIONAL SERVICES FEE
(SUPPLEMENT TO ATTACHMENT B)
2004 CAPITAL IMPROVEMENTS PROJECTS
Additional Services:
Transportation&Public Works Department
Erosion Control Plans&SWPPP Lump Sum $2,000.00
Traffic Control Plan Lump Sum $1,500.00
Drainage Study Lump Sum $5,500.00
Attend Public/Neighborhood Meetings 8hrs @$125/hr $1,000.00
Monthly Progress Reports 7ea @$125/ea $875.00
Attend Pre-Construction Meetings 8hrs @$125/hr $1,000.00
Adminstrative(10%)Fee on M/WBE Firms $818.17
Additional Services Subtotal $12,693.17
013733.B-384-trinity.xls B3D-1 B-3D ADDITIONAL SERVICES FEE
EXHIBIT B-3E REPRODUCTION SERVICE FEE
(SUPPLEMENT TO ATTACHMENT B)
2004 CAPITAL IMPROVEMENTS PROJECTS
FINAL CONSTRUCTION PLAN SHEET COUNT
NUMBER
FIRST LAST of
SHEET SHEET SHEETS DESCRIPTION
1 1 Title Sheet
2 3 2 Coordinate Control Sheet
4 6 3 ITypical Sections& Details
7 7 1 Paving Plan Location Map
8 12 5 Paving Plan/Profile for Trinity Boulevard
13 13 1 Drainage Area Map
14 23 10 Culvert Layout Sheets
24 29 6 Hydraulic Computation Sheets
30 39 10 ITraffic Control Plan Sheets
40 49 10 SW3P& Details
50 69 20 Cross Sections
70 77 8 Misc Details
77 ITOTAL
NOTES:
1. Sheet Size=22"X 34"
Transportation & Public Works
Number of
Conceptual Design Report $/Sht or Set Sht or Set Cost
4 Sets of Report $25.00 1 $100.00
Preliminary& Utility Clearance Plans
20 Sets of Construction Plans $0.50 37 $370.00
2 Sets of Specifications $20.00 1 $40.00
Final Plans
2 Sets of Construction Plans $0.50 77 $77.00
2 Sets of Specifications $20.00 1 $40.00
Bid Documents
50 Sets of Construction Plans $0.50 77 $1,925.00
50 Sets of Specifications $20.00 1 $1,000.00
Mounted Exhibits for Public Meetings
1 Drawing $250.00 1 $250.00
Final Mylars for Record Purposes
1 Set of Plans $0.75 77 $57.75
Printing & Reproduction Subtotal $3,859.75
013733.B-3&4-trinity.xls B3E-1 B-3E REPRODUCTION SERVICE FEE
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ATTACHMENT"C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND
ATTACHMENT A
The following are not applicable on this project:
Standard Engineering Agreement; Article IV. G and Article IV. H
Attachment A; Items 21, 22, 23, 24, 25 and 26
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ATTACHMENT D-1
CITY OF FORT WORTH 2004 CIP
TRINITY BOULEVARD CULVERT IMPROVEMENTS
Schedule
City of Fort Worth
Trinity Boulevard Culvert Improvements
DOE:
Water Project No.
PROJECTED ACTUAL
ID Task Name Duration Start Finish Duration Start Finish
1 Notice-to-Proceed 0 days 09/01/04 09/01/04
2 Topographic Survey 30 days 09/01/04 09/30/04
3 0 days
4 0 da s
5 Prepare 30% Plan Submittal 30 days 10/01/04 10/30/04
6 30% Plan Submittal 1 days 10/31/04 10/31/04 R
7 City of Fort Worth Review 10 days 11/01/04 11/10/04
8 Neighborhood Meeting 1 days 11/11/04 11/11/04
9 Address DOE/Citizen Comments 10 days 11/11/04 11/20/04
10 Submit Plans for Utility Coord. 1 days 11/01/04 11/01/04
11 Incorporate Comments/Prepare Design 30 days 11/21/04 12/20/04.,
12 60% Plan Submittal to DOE 1 days 12/21/04 12/21/04
13 Franchise Utility Relocations 15 days 12/22/04 01/05/05 ,
14 City of Fort Worth Review 10 days 12/22/04 12/31/04
15 Incorporate Final Comments 30 days 01/01/05 01/30/05
16 Submit 90% Plans and Specs 1 days 01/31/05 01/31/05
17 City of Fort Worth Review 5 days 02/01/05 02/05/05 w
18 Submit Final Plans 5 days 02/06/05 02/10/05 :z4
19 Circulate Plans for Signatures 5 days 02/11/05 02/15/05
20 Advertise Project 1 days 02/16/05 02/16/05
21 Advertisement Duration 15 days, 02/17/05 03/03/05
22 Open Bids 1 days 03/04/05 03/04/05
23 M & C Circulation Process 15 days 03/05/05 03/19/05
24 Council Award 1 days 03/20/05 03/20/05
25 Execute Contract Documents 5 days 03/21/05 03/25/05 r.
013733.D-1.xls D-2 Attachment D-1
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/2/2004
DATE: Tuesday, November 02, 2004
LOG NAME: 30CIPTRINITY REFERENCE NO.: **C-20374
SUBJECT:
Engineering Agreement with Carter & Burgess, Inc., Trinity Boulevard Culvert Improvement at
Valley View Branch Channel (City Project 00100)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Carter & Burgess, Inc., in the amount of $96,122.56 for the Trinity Boulevard culvert improvements at
Valley View Branch Channel (City Project 00100).
DISCUSSION:
The 2004 Capital Improvement Program (CIP) includes funds for Trinity Boulevard culvert improvements at
Valley View Branch Channel.
The project consists of the preparation of plans and specifications for the replacement of the existing
drainage culvert on Trinity Boulevard at Valley View Branch Channel. The new proposed culvert upgrade
will eliminate repeated flooding at the indicated location.
Carter & Burgess, Inc. proposes to perform the necessary design work for a lump sum fee of $96,122.56.
City staff considers the fee to be fair and reasonable for the scope of services proposed.
Carter & Burgess, Inc. is in compliance with the City's M/WBE Ordinance by committing to 26% M/WBE
participation. The City's goal on the project is 15%.
The project is located in COUNCIL DISTRICT 5.
FISCAL iNFORMA T ION/CER T iFICATION:
The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the
Street Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C200 531200 205280010031 $21,329.26
http://www.cfwnet.org/council_packet/Reports/mc_j)fint.asp 11/3/2004
C200 531200 205280010032 $42,658.54
C200 531200 205280010033 $7,109.76
C200 531200 205280010051 $25,025.00
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 11/3/2004