HomeMy WebLinkAboutContract 29059 CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES-._ Pn'1 : 54 1N
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Teague Nall
& Perkins, Inc., (the "ENGINEER"), for a PROJECT generally described.as: Walsh Ranch
Sewer Main Extension, Phases 1 VA and IVB.
Article I Cl Y SECRETARY
CONTRACT NO
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of suspension
of services, the ENGINEER shall have no liability to CITY for delays or
damages caused the CITY because of such suspension of services.
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.
ENGINEERING CONTRACT
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E. Engineers Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with the
Contract Documents, nor shall anything in the Contract Documents or the
agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the
work on the PROJECT. If, for any reason, the ENGINEER should make an
on-site observation(s), on the basis of such on-site observations, if any, the
ENGINEER shall endeavor to keep the CITY informed of any deviation from
the Contract Documents coming to the actual notice of ENGINEER regarding
the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no control
over cost or price of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect operation or maintenance
costs; competitive bidding procedures and market conditions; time or quality
ENGINEERING CONTRACT
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of performance by third parties; quality, type, management, or direction of
operating personnel; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore, the
ENGINEER makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not vary from the
ENGINEER's opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's
knowledge, information, and belief from selective sampling and observation that the
work has progressed to the point indicated. Such recommendations do not
represent that continuous or detailed examinations have been made by the
ENGINEER to ascertain that the construction contractor has completed the work in
exact accordance with the Contract Documents; that the final work will be
acceptable in all respects; that the ENGINEER has made an examination to
ascertain how or for what purpose the construction contractor has used the moneys
paid; that title to any of the work, materials, or equipment has passed to the CITY
free and clear of liens, claims, security interests, or encumbrances; or that there are
not other matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and fumished by others, and may not always represent the exact location,
type of various components, or exact manner in which the PROJECT was finally
constructed. The ENGINEER is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this contract
and its commitment to meet that goal. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
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and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
• advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect'that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this article
together with subsection (3)hereof. CITY shall give sub-consultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting policies
of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial 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
ENGINEERING CONTRACT
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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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(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
-rhe 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.
ENGINEERMG 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-0f-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
ti 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
W.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for contractor's
negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary of
any undertaking by the ENGINEER."
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(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time required
for performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
ENGINEERING CONTRACT
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B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will be
at the CITY's sole risk. The final designs, drawings, specifications and documents
shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by
acts of God, strikes, lockouts, accidents, or other events beyond the control of the
ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for convenience so that
the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
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F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in connection
with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of negligence
or willful misconduct as determined pursuant to T.C.P. & R. Code, section
33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict or
statutory liability, or any other cause of action, except for willful misconduct or gross
negligence for limitations of liability and sole negligence for indemnification. Parties
mean the CITY and the ENGINEER, and their officers, employees, agents, and
subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PRO.IECT, 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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y 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 , 2003.
ATTEST: CIT�-OF FORT WORT
IW
B �
lona Pearson Marc. A.
City Secretary Assistant City Manager
APPROVAL RECOMMENDED
Contract Authorization
_�.-- A. Douglas Rademaker, P.E.
Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
413ull�
Assistant""City Attorney
TFAGHF NAI I & PFRKINS, INC
ENGINEER
By.
Mark R. Bent', P.E.
Treasurer
REMO
ENGINEERING CONTRACTSf"�
Page 14 of 14 V u u 5:73. Yt x
�, = N -{fi, TEX,
ATTACHMENT "A"
General Scope Qf 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 facilities made by the
-1-
s
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.
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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.
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EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: SANITARY SEWER IMPROVEMENTS
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
"A". Work under this attachment includes engineering services for water and/or sanitary sewer
improvements for the following:
The Walsh Ranch Sanitary Sewer Extension Phase IVA and Phase IVB gravity line
consists of the extension of approximately 14,600 linear feet of 24" sanitary sewer
main along South Mary's Creek and tributaries in southwest Fort Worth.
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. The anticipated meetings include the following:
Pre-design kick-off meeting, including representatives from the City of Fort
Worth, the Walsh Ranch development team, and the design consultants
working on other phases of the project.
Informational meeting with representatives from the two neighborhoods
adjacent to the project.
Informational meeting with the management of the Lost Creek Golf Club.
Informational meeting with the owners of the property which the Phase IVA
sanitary sewer lines will cross (i.e., Nazarian and Cramer tracts).
Review meeting at completion of the City's review of the Route Study.
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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, property ownership as available from the Tax Assessor's
office.
C. Coordination with Other Agencies
During the Route Study phase, the ENGINEER shall coordinate with utility
owners including facilities 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 Route Study. 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 Status Meetings
a. The ENGINEER shall submit a progress schedule after the design contract is fully
executed. The schedule shall be updated and submitted to the CITY along with
monthly progress report as required under Attachment B of the contract.
b. ENGINEER will attend a monthly progress meeting to be attended by representatives
from the City, the Walsh Ranch development, and the design consultants working on
other phases of the project.
PART B -CONSTRUCTION PLANS AND SPECIFICATIONS
1. Route Study
a. The ENGINEER will meet with affected parties as outlined in Part A above to
gather information pertinent to the alignment of the proposed sanitary sewer
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improvements.
b. ENGINEER will perform line sizing calculations for the proposed sanitary sewer lines
and submit a brief report with the Route Study for approval by the City.
c. ENGINEER will analyze alternatives for the sanitary sewer routing. Viable alternatives
will be depicted in exhibits and included in the Route Study. The vertical profile of the
proposed sanitary sewers will be considered in the Route Study. The scale for the
exhibits will be 1"=200' with areas of interest enlarged as needed. The ENGINEER
shall submit four (4) copies of the Route Study which includes layouts, preliminary
right-of-way needs and cost estimates for the ENGINEER's recommended plan. The
ENGINEER shall also evaluate the phasing of the sanitary sewer 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 pian and provide a summary of findings pertaining to
the proposed project.
d. ENGINEER will depict proposed permanent and temporary construction easements on
the Route Study exhibits.
e. ENGINEER will prepare a brief report with the Route Study that will present and
discuss the various alternatives, as well a recommendation on the desired alternative.
f. ENGINEER will complete the Route Study within 60 days of the Notice to Proceed.
2. Surveys for Design
a. After approval of the Route Study, the 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. Specifically, the
design survey will include the following:
1. ENGINEER will obtain permission for surveying through private property.
A topographic survey will be prepared along the route 100 feet left and right
of the proposed centerline. Existing features will be tied including, but not
limited to, fences, buildings, power poles, grade breaks, and creeks or
d raws.
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2. When conducting design surveys 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.
3. Horizontal and Vertical Control: Set 6 GPS control points based on the
Texas State Plane Coordinate System, North Central Zone NAD83/93.
From these control points, intermediate control points will be set along the
route. Benchmarks will be set at approximately 1500-foot intervals.
4. The centerline of the proposed sanitary sewer lines will be staked in the
Feld after the recommendations included in the Route Study are approved.
The centerline of any adjacent creek will also be located.
5. Trees and or tree lines will be located 30 feet right and left of the proposed
centerline. Trees 8" and larger will be located and tagged in the field.
6. Up to twenty-four boreholes will be staked for the geotechnical
investigation. Horizontal and vertical information will be provided for each
borehole.
7. Property corners will be tied along the route as necessary to establish the
existing property boundaries.
8. Base maps will be produced at a 1"=40' scale. All CADD files will be
generated using AutoCAD 2000 Land Development Desktop (i.e., *.dwg
files).
9. Documentation for up to four (4) permanent easements and (4) temporary
construction easements will be prepared. The easement documents will be
in the City of Fort Worth format and include metes and bounds descriptions
and sketches. Temporary construction easements will be included on the
sketch and metes and bounds descriptions will be provided.
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 AutoCad 2000 format which is compatible with the electronic
data collection and computer aided design and drafting software currently
in use by the CITY Department of Engineering (DOE). All text data such as
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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 Autocad (DWG or
DXF) format (currently Release 2000), or as otherwise approved in writing
by the CITY, and all data collected and generated during the course of the
project shall become the property of the CITY.
The minimum information to be provided in the plans shall include the
following:
1. A Project Control Sheet, showing ALL Control Points, used or set
while gathering data. Generally on a scale of not less than 1:400:
2. The following information about each Control Point;
a. Identified (Existing City Monument #8901, PK Nail,
5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate
system, and a referred bearing base. Z coordinate
on City Datum only.
C. Descriptive Location (Ex. Set in the centerline of the
inlet in the South curb line of North Side Drive at the
East end of radius at the 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.
c. Public Notification and Personnel/Vehicle Identification
Prior to conducting design survey, ENGINEER will notify affected residents
of the project in writing. The notification letter shall be on company
letterhead and shall include the following: project name, limits, DOE project
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no., Consultant's project manager and phone no., scope of survey work
and design survey schedule. The letter will be reviewed and approved by
the City prior to distribution.
When conducting site visits to the project location, the consultant or any of
its sub-consultants shall carry readily visible information identifying the
name of the company and the company representative. All company
vehicles shall also be readily identifiable.
d. ENGINEER will complete Design Surveys within 60 days after City approval of the
Route Study.
e. ENGINEER will complete Easement Document Preparation within 30 days after City
approval of Preliminary Construction Plans.
3. Preliminary Engineering
Upon approval of the Route Study, 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.
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.
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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. The ENGINEER will conduct preliminary research for availability of existing
easements where open-cut construction or relocation of existing alignments is
probable. Temporary and permanent easements will be appropriated based on
available information and recommendations will be made for approval by the
City.
h. Right-of-way/Easement Preparation and Submittal
Preparation and submittal of right-of-way, easements and rights-of-entry, if
included, will be in conformance with "Submittal of Information to Real Property for
Acquisition of Property".
i. Utility Clearance Phase
The ENGINEER will consult with the City's Water Department, Department of
Engineering, and other CITY departments, public utilities, private utilities, private
utilities and 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
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companies, which have facilities within the limits of the project.
j. Preliminary construction plan submittal
1. Preliminary plans and specifications shall be submitted to the City 120 days
after approval of the Route Study. The entire project will be included in one (1)
set of plans and specifications. If the project is separated into more than one
construction contract, this agreement shall be amended to compensate for the
Engineer for preparation of multiple sets of plans and specifications.
2. 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)
3. 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.
k. Review Meetings with City
The ENGINEER shall meet with CITY to discuss review comments for preliminary
submittal. The CITY shall direct the ENGINEER in writing to proceed with Final
Design for Final Review.
I. Public Meeting
After the preliminary plans have been reviewed and approved by the City,
ENGINEER shall prepare exhibits and attend public meeting to help explain the
proposed project to residents. The CITY shall mail the invitation letters.
M. Geotechnical Investigation
1. Experienced drillers and technicians will evaluate subsurface conditions with a
total of 24 sample borings to depths of 25 feet below existing grades.
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2. Laboratory services shall include: moisture content and soil identification,
liquid and plastic limits determination, unconfined compression tests on soil,
and unit weight determinations.
3. An engineering report will be prepared to present the results of the field and
laboratory data together with the ENGINEER'S analyses of the results and
recommendations. The ENGINEER will furnish two (2) copies of the report to
the CITY. The report will address general soil, rock, and groundwater
conditions; comments about the general excavatability of onsite soils and rock;
and foundation recommendations for aerial crossings. Copies of the report will
be included in the specifications and contract documents when the project is
advertised for bid.
n. Storm Water Pollution Prevention Plan
ENGINEER will prepare the Storm Water Pollution Prevention Plan (SWPPP)
required for the project for use by the Contractor during construction. The City of
Fort Worth's example will be used as a template. ENGINEER will prepare
drawings and details for proposed SWPPP improvements that the Contractor must
use during construction. Contractor shall be responsible for filing the SWPPP plan
with the appropriate regulatory agencies.
o. Easement Acquisition
OWNER CONTACT: Each owner will be contacted to inform them of the project
and seek right of entry for surveying as well as environmental and geo-technical
work to be performed on the property.
APPRAISAL/MARKET STUDY: The ENGINEER's agent shall provide Market
Study with price ranges to be approved by the City of Fort Worth prior to
negotiations with the property owners. The Market Study will be completed by
an independent appraiser who will also complete the appraisals if such are
necessary. If negotiations are not successful based on these ranges, the City
may authorize the independent appraiser under the management of the
ENGINEER'S agent to provide an appraisal of the property to use in further
negotiations. The fixed fee presented in Exhibit "B-3C" includes the Market
Study, Negotiations, and Project Management. The appraisal fee and
condemnation fee are listed separate in Exhibit "B-3C". If the Appraisal is not
necessary on a particular property, the City will not be billed for that parcel. The
fixed fee presented in Exhibit "B-3C" also provides for the Appraiser to be
present and testify at condemnation proceedings if requested by the City. The
fee is based on the assumption that approximately 3 hours of the Appraiser's
time will be spent attending and testifying at the hearing. If the Appraiser's
assistance with the condemnation proceedings is not necessary, the City will not
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be billed for that parcel. Should additional time be required, the Appraiser's fee
would be based on their hourly rate.
The appraisals and Market Study will be prepared by State Certified appraisers
in accordance with the Uniform Standards of Professional Appraisal Practice
(USPAP). The appraisals will be suitable for use in condemnation proceedings if
necessary. The ENGINEER's agent will present to the City of Fort Worth a copy
of the appraisals for the City's approval.
TITLE INFORMATION: This contract assumes that Title Policies will be
purchased.
The ENGINEER's agent shall review liens or other exceptions reported in the
Title Commitment. The ENGINEER's agent shall be responsible for the
determination of the location and the effect of any utility easements. The
ENGINEER's agent shall report the results of the Title Commitment to the City,
recommending the disposition of the exceptions. The decision whether the
reported exceptions are acceptable or must be eliminated will be the
responsibility of the City. Any action required to clear title is not included in the
Scope of Work for this project, and if this task is necessary, will require an
amendment to the contract.
RECOMMENDED NEGOTIATING PRICE: The offer to purchase the properties
will be based on the Market Study and/or Appraisals as indicated above. The
City will approve the value to be used in negotiation and the range of negotiating
authority to be given to the ENGINEER's agent.
NEGOTIATION: The ENGINEER will provide the services of qualified right-of-
way agents to secure the required easements for the project.
The ENGINEER's agent will negotiate on behalf of the City. The ENGINEER's
agent will provide a good faith effort to acquire all the rights-of-way through a
negotiation process, which will generally consist of no less than three contacts
with the property owner or his authorized representative. Generally, no more
than five contacts will be necessary to reach an agreement with the property
owner or to determine that further negotiations will be non productive and the
eminent domain actions will be necessary to acquire the property. If absentee
owners are involved, the negotiations may be conducted via telephone, fax, or by
mail. No travel outside of the project area is included in the scope of this project.
The initial offer made to the property owner will be based on the value approved
as previously discussed in the paragraph entitled VALUATION OF PARCELS.
All counter-offers by the property owner along with the ENGINEER's agent's
recommendations will be presented to the City for their consideration. The City
must approve such counter offers before the ENGINEER's agent will be
authorized to agree to the requested changes. All monetary offers made to the
property owners will be within the limits authorized by the City in the various
stages of the negotiation.
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After reaching an agreement with the landowner on the consideration and all
other terms of the transaction, the ENGINEER's agent will forward to the City a
Memorandum of Agreement (M/A) executed by the property owner to be ratified
by the City. This M/A sets forth the compensation and any other terms and
conditions agreed upon. The City will be responsible for obtaining the City's
ratification and for returning the ratified M/A to the ENGINEER. The
ENGINEER'S agent will then inform the Title Company that the parcel is ready
for closing. The payment to the property owner and the closing procedures will
be in compliance with the procedures defined in the paragraph entitled
CLOSING PROCEDURES, which will be discussed later.
In the event these good faith efforts fail to produce a satisfactorily negotiated
easement, the ENGINEER's agent will recommend to the City that the City use
its power of Eminent Domain to acquire the right-of-way.
CLOSING PROCEDURES: Closing Procedures — The ENGINEER'S agent will
coordinate contacts with the City and Title Company for the closing of the
transaction. Payment to the property owner will be made through the Title
Company at closing. The Title Company will record the documents upon closing.
The documents will be returned to the ENGINEER'S agent after recording who
will then submit the original document and title policy to the City.
DOCUMENTATION: Written documentation will be maintained for each property
in a separate parcel file. The ENGINEER will include, as a minimum, the name,
address and telephone number of the property owner and tenant, the property
owner's verification of title information, the legal description and plat, the
authorized negotiating price, and a copy of the right-of-way conveyance and
curative documents. The ENGINEER's agent will provide a monthly progress
report on the acquisition, which will be submitted to the City.
RELEASE OF TEMPORARY CONSTRUCTION EASEMENTS: Upon
completion of construction and final acceptance of the project by the City of Fort
Worth, the ENGINEER'S agent will perform the necessary tasks to release the
temporary construction easements.
p. Archaeological Investigation
1. Secure Archaeological Survey permit from the Texas Historical Commission.
2. Conduct records search to determine if cultural resources have been recorded
in the vicinity of the project.
3. Conduct on-the-ground pedestrian survey of the pipeline route. Conduct about
30 shovel tests along the route. Artifacts recovered from these excavations will
be analyzed and prepared for permanent curation.
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4. Prepare written report to be submitted to the Texas Historical Commission
(THC). Revise the report, if necessary, following review by the THC and City of
Fort Worth. Submit 20 copies of the final report to the THC and 3 copies to the
City of Fort Worth.
4. Final Engineering
a. Final Construction'Documents shall be submitted to CITY 60 days after approval
of the Preliminary Construction plans. The entire project will be included in one (1)
set of plans and specifications. If the project is separated into more than one
construction contract, 'this agreement shall be amended to compensate for the
Engineer for preparation of multiple sets of plans and specifications.
The CITY shall review final Construction Documents for all aspects of the project in
accordance with the project schedule presented in Attachment D. If the City
requires changes to the plans and specifications after final acceptance, this
agreement shall be amended to provide additional compensation to the
ENGINEER.
Following CITY approval of the recommended improvements, the ENGINEER shall
prepare final plans and specifications and contract documents to CITY (each sheet
shall be stamped, dated, and signed by the ENGINEER) and submit two (2) sets of
plans and construction contract documents within 15 days of CITY's final approval.
Plan sets shall be used for Part C activities.
b. ENGINEER's Estimate of Probable Construction Cost
The ENGINEER shall submit a final estimate of probable construction cost with the
final plans submitted.
PART C - PRE-CONSTRUCTION ASSISTANCE
a. Deliver Bid Documents
The ENGINEER will make available for bidding, upon request by the CITY, up to
forty-five (45) 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.
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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
DEPARTMENT OF ENGINEERING by prospective bidders. Engineer shall attend
the scheduled pre-bid conference.
The ENGINEER shall assist in reviewing the bids for completeness and accuracy.
The ENGINEER shall attend the project bid opening develop bid tabulations in
hard copy and electronic format and submit four(4) copies of the bid tabulation.
C. Assistance During Construction
The ENGINEER shall attend the pre-construction conference for the project. The
ENGINEER shall also consult with and advise the CITY on design and/or
construction changes, if necessary.
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ATTACHMENT "B"
COMPENSATION SCHEDULE
Sewer Main Extension To Serve Walsh Ranch
Phase IVA and IVB (Gravity Lines)
DOE No. 4162
Sewer Project Nos. PS46-070460140320
1. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $262,100 for Basic and Special
Services as summarized in Exhibit "B-3". Payment of the total lump sum fee shall be considered
full compensation for the services described in Attachment "A" and Exhibit "A-1" for all labor,
materials, supplies and equipment necessary to complete the project.
B. Subcontractor cost shall be reimbursed at the actual invoice cost plus 10%.
C. The ENGINEER shall be paid in monthly partial payments as described in Exhibit "B-1" upon
receipt of invoices submitted by the ENGINEER, based on an estimate of the percentage of
completion of the project, not to exceed the milestone limits described on Exhibit"B-1".
EXHIBIT "B-1"
METHOD OF PAYMENT
Sewer.Main Extension To Serve Walsh Ranch
Phase IVA and IVB (Gravity Lines)
DOE No. 4162
Sewer Project Nos. PS46-070460140320
The ENGINEER shall be paid monthly upon receipt of an invoice on the basis of statements prepared
from the books and records of account of the ENGINEER, based on the ENGINEER's estimate of the
percentage of completion of the project, such statements to be verified as to accuracy and compliance
with the terms of this contract by an officer of ENGINEER. Payment according to statements will be
subject to certification by the Director of the Department of Engineering or his authorized
representative that such work has been performed.
The aggregate of such monthly partional payments shall not exceed the following:
Until satisfactory completion of Exhibit A-1, Part B, Section 1 and 2 hereunder, a sum not to
exceed 40 percent of the lump sum fee.
Until satisfactory completion of Exhibit A-1, Part B, Section 3 hereunder, a sum not to exceed 75
percent of the lump sum fee.
Until satisfactory completion of Exhibit A-1, Part B, Section 4 hereunder, a sum not to exceed 95
percent of the lump sum fee.
Balance of earnings to be due and payable upon delivery to the City of plans and bid documents for
advertising as described in Exhibit A-1, Part C.
EXHIBIT "B-2"
Hourly and Reimbursable Rate Schedule
Sewer Main Extension To Serve Walsh Ranch
Phase IVA and IVB (Gravity Lines)
DOE No. 4162
Sewer Project Nos. PS46-070460140320
Engineering/Technical From To
Principal $105 - $185 Per Hour
Office Manager $105 - $130 Per Hour
Project Manager $80 - $130 Per Hour
IT Manager $75 - $95 Per Hour
Senior Engineer $85 - $125 Per Hour
Engineer $65 - $95 Per Hour
Graduate Engineer $60 - $90 Per Hour
Landscape Architect/ Planner $75 - $85 Per Hour
Designer $75 - $90 Per Hour
Senior Designer $80 - $115 Per Hour
CAD Draftsman $28 - $50 Per Hour
CAD Technician $45 - $70 Per Hour
Senior CAD Technician $60 - $80 Per Hour
IT Technician $55 - $75 Per Hour
Clerical $40 - $60 Per Hour
Resident Project Representative $45 - $60 Per Hour
Surveying
Survey Office Manager $100
R.P.L.S. $85
Senior Survey Technician $65
Junior Survey Technician $55
2-Person Field Crew w/Equipment $85
3-Person Field Crew w/Equipment $100
4-Person Field Crew w/Equipment $120
2-Person G.P.S. Crew w/Equipment $120
3-Person G.P.S. Crew w/Equipment $140
1-Person Robotic Crew w/Equipment $85
2-Person Robotic Crew w/Equipment $95
3-Person Robotic Crew w/Equipment $115
Direct Cost Reimbursables
Photocopies $0.10/page letter and legal size bond paper, B&W
$0.20/page 11" x 17" size bond paper, B&W
$2.00/page 22" x 34" and larger bond paper or vellum, B&W
Plots $1.00/page 11" x 17" size bond paper, B&W
$2.00/page 11"x 17" size bond paper, color
$2.00/page 22"x34" and larger bond paper or vellum, B&W
$4.00/page 22"x34" and larger bond paper or vellum, color
$4.00/page 22"x34" and larger mylar or acetate, B&W
Mileage $0.36/mile
Q:u.DD\FTW03215\docs\Fee Proposal\2003-TNP-Rales-3.155.doc
EXHIBIT "B-3A"
SUMMARY OF TOTAL PROJECT FEES
Sewer Main Extension To Serve Walsh Ranch
Phase IVA and IVB (Gravity Lines)
DOE No. 4162
Sewer Project Nos. PS46-070460140320
Scope of Services Total Fee M/W BE %
Sanitary Sewer Design $ 262,100 $ 57,700 22%
Water Design Fee = $ 0 Sanitary Sewer Design Fee = $ 262,100
Proposed M/WBE Sub-consultants Services Fees % of Total
Palmer Price, Inc. Design $ 18,700 7.1%
Hugo C. Trevino & Associates, Inc. Reproduction $ 3,500 1.3%
James Daniels & Associates, Inc. Acquisition $ 35,500 13.6%
Proposed Non-MANBE Sub-consultants Services Fees % of Total
CMJ Engineering, Inc. Geotech. $ 18,000 6.9%
AR Consultants, Inc. Archaeologic. $ 6,500 2.5%
EXHIBIT "13-313"
FEE SUMMARY
Sewer Main Extension To Serve Walsh Ranch
Phase IVA and IVB (Gravity Lines)
DOE No. 4162
Sewer Project Nos. PS46-070460140320
BASIC SERVICES "
Curve "A" 7.3% (0.073 x $1,426,000)(0.85)
Basic Services Fee = $ 88,500
TOTAL BASIC SERVICES = $ 88,500.00
TOTAL SPECIAL SERVICES = $ 173,600.00
GRAND TOTAL = $ 262,100.00
EXHIBIT "B-3C"
BREAKDOWN OF SPECIAL SERVICES
Sewer Main Extension To Serve Walsh Ranch
Phase IVA and IVB (Gravity Lines)
DOE No. 4162
Sewer Project Nos. PS46-070460140320
Special Services
1. Design Surveys = $ 65,200.00
See scope of services description under Part B.2 of Exhibit "A-1". The route to be
surveyed is generallywooded and includes multiple streams that will have to be surveyed.
2. Easement Document Preparation (5) _ $ 6,500.00
This contract includes the preparation of five (5)temporary construction easements @
$450 per parcel and five (5) permanent easements @ $850 per parcel. Metes and
bounds descriptions and an exhibit will be prepared for both the permanent and
temporary easements in City of Fort Worth format.
3. Route Study= $ 12,500.00
As described in Part B.1 of Exhibit "A-1", a route study will be prepared that addresses
the horizontal and vertical alignment, line sizing, and easement needs of the proposed
sanitary sewer lines.
4. Public Meetings = $ 2,000.00
As outlined in Exhibit "A-1", the ENGINEER will assist the City in conducting public
meetings to inform the citizens about the project.
5. Printing / Plotting = $ 4,500.00
This item covers printing, plotting and other reproduction costs to be incurred during the
course of the project.
6. Monthly Progress Meetings / Reports = $ 4,500.00
The ENGINEER will attend monthly progress meetings with the City staff and the
consultants working on other phases of the Walsh Ranch water and sewer extension
project.
7. Geotechnical Investigation = $ 18,000.00
The scope of services for the geotechnical investigation is presented in Part B.3.m of
Exhibit"A-1". The scope includes 27 sample borings to depths of 25 feet.
EXHIBIT "B-3C"
BREAKDOWN OF SPECIAL SERVICES
Sewer Main Extension To Serve Walsh Ranch
Phase IVA and IVB (Gravity Lines)
DOE No. 4162
Sewer Project Nos. PS46-070460140320
8_ Easement Acquisition (4) = $ 35,500.00
See scope of services description in Exhibit"A-1", Part 13.3.o. A breakdown of the fees is
presented below:
• Easement Acquisition w/ Market Study 4 parcels @ $4,250 = $ 17,000
• Appraisals (all tracts except Golf Course) 3 parcels @ $2,750 = $ 8,250
• Appraisal for Lost Creek Golf Course 1 parcel @ $7,500 = $ 7,500
• Condemnation Assistance (approx. 3 hours) 4 parcels @ $ 375 = $ 1,500
• Release Temporary Construction Easements 5 parcels @ $ 250 = $ 1,250
The fee includes the preparation of a Market Study and Appraisal for four(4) properties.
It also includes a maximum of 3 hours of assistance with condemnation proceedings for
each parcel. If the Appraisal is not needed or if the condemnation assistance is not
needed, the ENGINEER will not bill for these services. The appraisal cost listed above
for the Lost Creek Golf Course is a "not to exceed"value. Appraisals on golf courses are
more costly because few are sold relative to the other types of properties in the project
area.
9. SWPPP = $ 3,000.00
The scope of services for the SW PPP is described in Part B.3.n of Exhibit "A-1".
10. Archaeological Investigation = $ 6,500.00
An archaeological investigation will be performed as described in Part B.3.p of Exhibit
"A-1".
11. 10% for Subconsultants = $ 8,100.00
TIVP is utilizing subconsultants for sewer design, geotechnical investigation, easement
acquisition, archaeological investigation and printing. This fee is full compensation to
TNP for managing the subconsultants.
12. Construction Assistance = $ 5,300.00
The ENGINEER will assist the City with the construction phase of the project as outlined
in Part C of Exhibit "A-1".
13. Record Drawings = $ 2,000.00
After the construction is complete, the ENGINEER will furnish the City with reproducible
record drawings.
TOTAL = $ 173,600.00
EXHIBIT "B-4"
OPINION OF PROBABLE COST SUMMARY
Sewer Main Extension To Serve Walsh Ranch
Phase IVA and IVB (Gravity Lines)
DOE No. 4162
Sewer Project Nos. PS46-070460140320
SUMMARY
Opinion of Probable Construction Cost = $ 1.426 million
(See Exhibit B-5 for Detailed Opinion of Probable Construction Cost.
TEAGUE NALL AND PERKINS Exhibit B-5
CONSULTING ENGINEERS
OPINION OF PROBABLE CONSTRUCTION COST
SEWER MAIN EXTENSION TO SERVE WAL SH RANCH-PHASES I VA & IVB
(FEE PROPOSAL)
OWNER: CITY OF FORT WORTH
DATE: JULY 25, 2003
DOE No. 4162
Sewer Proj. No. PS46-070460140320
SANITARY SEWER MAIN
ITEM BID UNIT
NO. DESCRIPTION OF ITEMS QUANTITY UNIT COST TOTAL
1 24" Sanitary Sewer 13140 LF $55.00 $722,700.0
2 24" DIP Class 51 Sanitary Sewer 1500 LF $70.00 $105,000.0
3 Bore or Tunnel Allowance 550 LF $300.00 $165,000.0
4 Concrete Encasement 600 LF $60.00 $36,000.0
5 Standard 4' Diameter Manhole 12 EA $1,600.00 $19,200.0
6 Extra Depth for 4' Dia. Manhole 70 VF $150.00 $10,500.0
7 Standard 5'Diameter Manhole 20 EA $2,000.00 $40,000.0
8 Extra Depth for 5' Dia. Manhole 160 VF $200.00 $32,000.0
9 Vacuum Testing of Sanitary Sewer Manholes 32 EA $130.00 $4,160.0
10 Concrete Manhole Collars 32 EA $200.00 $6,400.0
11 Watertight Manhole Insert 32 EA $100.00 $3,200.0
12 Trench Safety for Sewer Main Installation 14640 LF $1.00 $14,640.0
13 Post Construction Clean and TV 14640 LF $1.50 $21,960.0
14 Exploratory Excavation (D-Hole) 3 EA $1,000.00 $3,000.0
15 Hydro Mulch Seeding 14640 LF $2.00 $29,280.0
16 Rock Riprap 700 CY $90.00 $63,000.0
17 Permanent Asphalt Pavement Repair 500 LF $40.00 $20,000.0
SUBTOTAL 1 $1,296,040.00
CONTINGENCY (10%): $129,960.00
TOTAL: $1,426,000.00
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO ATTACHMENT A
Sewer Main Extension To Serve Walsh Ranch
Phase IVA and IVB (Gravity Lines)
DOE No. 4162
Sewer Project Nos. PS46-070460140320
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LEGEND
IV
PROP. PHASE
IVA SEVER
PROP. PHASE
IVB SEWER
%10 DOST. SEWER
)l PIS SEWER MAIN EXTENSION TO SERVE TTACHMEN7
WALSH RANCH
L 11PHASE IVA & PHASE IVB (GRAVITY), E
City of Fort Worth, Texas
"elgorr And Council COMI"U"ientio"
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 **C-19729 30WALSHIVA 1 of 2
SUBJECT ENGINEERING AGREEMENT WITH TEAGUE NALL & PERKINS, INC. FOR WALSH
RANCH SEWER MAIN EXTENSION, PHASES IVA AND IVB
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering
agreement with Teague Nall & Perkins, Inc. in the amount of $262,100 for the design of Walsh Ranch
Sewer Main Extension, Phases IVA and IVB.
DISCUSSION:
On April 29, 2003 (M&C C-19566), the City Council authorized the City Manager to execute an
Economic Development Agreement for Walsh Ranch with Walsh Ranches Limited Partnership, H.
Howard Walsh, Jr. and various Walsh family trusts (Walsh).
The agreement includes terms of design and construction of water and wastewater infrastructure to
serve the property and requires the City to design and construct the first phase of Phase I water
facilities and Phases 1A, 1 B, 1 C, 1 D, IVA and IVB wastewater facilities within approximately 36 months
after execution of the agreement. Walsh may terminate the agreement if the City does not appropriate
funds for the design of such infrastructure by September 1, 2003. Thereafter, subsequent City
obligations will be dependent on construction of facilities by Walsh and will be constructed as warranted
as the property is developed.
This project includes the design and survey of approximately 15,000 feet of 24-inch sewer line. The
project also includes acquisition services for five permanent and temporary construction easements
needed to construct the project. The location of the project is shown on the attached location map.
The City received 17 proposals from local engineering firms in response to a request for proposals for
the design of the Walsh Ranch sewer project. A selection committee comprised of Water and
Engineering Department staff reviewed the proposals and considers Teague Nall & Perkins, Inc. to be
the most qualified for the design of this particular project.
Teague Nall & Perkins, Inc. proposes to perform the design work for a lump sum fee of $262,100. Staff
considers this fee to be fair and reasonable for the scope of services proposed.
Teague Nall & Perkins, Inc. is in compliance with the City's M/WBE Ordinance by committing to 22%
M/WBE participation. The City's goal on this project is 22%.
In addition to the contract amount, $8,000 is required for project management by the Engineering
Department.
This project will be located in COUNCIL DISTRICT 7, pending the completed annexation for the project,
Mapsco 71 S, T, W, and X.
City of Fort Worth, Texas
"Agar And jzou"Cit commu"icatio"
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 **C-19729 1 30WALSHIVA 2 of 2
SUBJECT ENGINEERING AGREEMENT WITH TEAGUE NALL & PERKINS, INC. FOR WALSH
RANCH SEWER MAIN EXTENSION, PHASES IVA AND IVB
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper- Sewer Fund.
MO:r
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:
Douglas Rademaker 6157 (from) APPROVED 08/26/03
PS46 531200 070460140320 $262,100.00
Additional Information Contact:
Douglas Rademaker 6157