HomeMy WebLinkAboutContract 29761 A-12-tel CRETARY
CONTRACT NO. 01
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY") and Turner Collie & Braden
Inc. (the "ENGINEER"), for a PROJECT generally described as "Miscellaneous Subdrain
Improvements".
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to
reasonably substantiate the invoices.
(2) Monthly invoices will be issued by the ENGINEER 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 1, 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 seven (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 susp
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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.
E. Engineers Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personn
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site, whether as on-site representatives or otherwise, _ , _
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 Except to the extent of specific site visits expressly detailed and set
forth in Attachment A, the 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) 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 qualify 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 nvr71 Tn
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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. 11923, 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 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
(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
subconsultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photo copy 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 which
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
(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
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CITY shall include its employees, officers, officials, agents, and
volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance
coverages 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, non-renewal
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 may be acceptable to the CITY at 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 such are approved by the
city.
(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
(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
insurance coverage is maintained by subconsultants, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultants 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 which 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.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standard _;UI
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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 except when verification is necessary to insure
the proper delivery of services to be performed.
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
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 O.
r 'G;
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."
(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.
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 rmission of the
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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-term
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.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the from-,qnv Ir)-Qq
cost, or expense claimed by third parties for propertydarnag _�n� Sodity
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 will 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 means 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 $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. Sections71
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If
litigation is filed by either party within said ninety (90) day period, the
award shall become null and void and shall not be used by either party for
any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never
been contained herein. Articles V.F:, VI.B., VI.D., VI.H., VI.I., and VI.J. shall
survive termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by
a written amendment executed by both parties. The following attachments and schedules are
hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
ATTEST: CITY FO WORTH
By:
(� Marc Ott
te cretary Assistant City Manager
APPROVED:
d
"ontract_ Authorization
Robert D. Goode, P.E.
Date Director, Transportation and Public Works
Department
APPROVED AS TO FORM AND LEGALITY: TURNER COLLIE & BRADEN INC.:
(?k v By: aSvAM-AQ
Assistant City Attorney Stephen R. James, P.E.
Principal
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ATTACHMENT "A"
General Scope of Services
Turner Collie & Braden will prepare construction documents and prepare an opinion of
probable construction cost to install pavement underdrain and/or repair pavement at the
following eight locations:
• Buckskin Court - This site shows abnormal pavement cracking in the intersection
of Buckskin Court and Buckskin Drive, also there is ground water seeping into
the west gutter of Buckskin Court
• Bryce Canyon Drive CcD_ Blue Water Lake Drive - This intersection is pumping
from several joints and from the southeast curb return. The east parkway of
Bryce Canyon Drive is wet and is spilling water over the curb into the east gutter.
• 1451 Arbor Ridge - This site has heavy flow from pavement joint, but shows no
deterioration of pavement. Concrete pavement was previously patched.
• 1451 Pacific Place – This site has heavy flow from thru curb drain in west gutter.
I. Basic Services
A. Review and compile available data on the existing streets and drainage system
serving the areas listed above.
B. Perform site investigations and prepare sketches of existing conditions in the
vicinity of the proposed improvements.
C. Using the information collected in Tasks A and B, prepare construction drawings,
Special Contract Documents, and opinion of probable construction cost for the
installation of pavement subdrain.
II. Meetings and Deliverables
A. Kick-Off Meeting — Engineer will prepare for and attend one (1) Kick-Off
meeting with the City for the study.
B. Preliminary Review Meeting —Within 30 working days after execution of
contract, Engineer will submit preliminary plans and attend a Preliminary
Review Meeting.
C. Final Review Meeting —Within 10 working days after preliminary review
meeting, Engineer will prepare final plans and attend a Final w., eet g.
3/16/2004 1/4
D. Final Plans —Within 5 working days after final review meeting, Engineer will
submit five (5) copies of Final Construction Documents with all revisions
included.
E. Bidding - Upon final approval, Engineer will provide up to 40 copies of the
construction documents for bidding.
F. Award of Contract - Prepare a tabulation of bids and recommendation of award
of contract.
o.t,
3/16/2004 2/4
ATTACHMENT "B"
I. Compensation
Turner Collie & Braden shall be compensated a total lump sum fee of $22,875.
Payment of the total lump sum fee shall be considered full compensation for the
services described in Attachment A for all labor, materials, supplies, and equipment
necessary to complete the project.
II. Payment
Turner Collie & Braden shall be paid monthly based upon receipt of two (2) invoices
from the Engineer based on the percentage of the work completed.
Payment Schedule: No more than 80% of the total lump sum fee will be paid until after
the Preliminary Review meeting. All unpaid invoices up to the total lump sum fee will be
paid after submission of the Recommendation of Award letter.
,T..
3/16/2004 3/4 j �°
ATTACHMENT "C"
Amendments to Standard Agreement for Engineering Services
There are no amendments to the Standard Agreement for Engineering Services.
3/16/2004 4/4 _ —
SUBDRAINS OPINION OF COST SUMMARY
3/16/2004
LOCATION COST
BUCKSKIN COURT $ 77,978.40
BRYCE CANYON AT BLUE WATER LAKE DRIVE $ 55,824.00
1451 ARBOR RIDGE $ 9,300.00
1451 PACIFIC PLACE $ 2,808.00
TOTAL $ 145,910.40
BUCKSKIN COURT(MAPSCO 36P)
REV 1-16-04
ITEM QUANTITY UNITS UNIT TOTAL
PRICE COST
REMOVE AND REPLACE CONC. PAVEMENT(27'X27') 81 SY $67.00 $5,427.00
BORE DRIVEWAYS 234 LF $75.00 $17,550.00
BORE FOR MAILBOXES AT 4 L.F. EA. 8 LF $75.00 $600.00
BORE FOR LARGE TREES AND SHRUBS 17 LF $75.00 $1,275.00
BORE STREET CROSSING 30 LF $75.00 $2,250.00
INSTALL STD. SUBDRAIN 793 LF $40.00 $31,720.00
INSTALL STD. CLEANOUT ON SUBDRAIN 4 EA $350.00 $1,400.00
CONNECT THRU CURB DRAINS 4 EA $350.00 $1,400.00
SOD (3' STRIP) 168 SY $20.00 $3,360.00
SUBTOTAL $64,982.00
20% CONTINGENCIES $12,996.40
TOTAL CONSTRUCTION COST $77,978.40
BRYCE CANYON DR. AT BLUE WATER LAKE DR. (MAPSCO 36Q)
REV. 1-16-04
ITEM QUANTITY UNITS UNIT TOTAL
PRICE COST
BORE DRIVEWAYS 108 LF $75.00 $8,100.00
BORE FOR MAILBOXES AT 4 L.F. EA. 8 LF $75.00 $600.00
BORE FOR LARGE TREES AND SHRUBS 136 LF $75.00 $10,200.00
BORE STREET CROSSING 30 LF $75.00 $2,250.00
INSTALL STD. SUBDRAIN 521 LF $40.00 $20,840.00
INSTALL STD. CLEANOUT ON SUBDRAIN 3 EA $350.00 $1,050.00
SOD (3' STRIP) 174 SY $20.00 $3,480.00
SUBTOTAL $46,520.00
20% CONTINGENCIES $9,304.00
TOTAL CONSTRUCTION COST $55,824.00
ARBOR RIDGE (MAPSCO 66Z)
REV 1-16-04
ITEM QUANTITY UNITS UNIT TOTAL
PRICE COST
INSTALL STD. SUBDRAIN 185 LF $40.00 $7,400.00
INSTALL STD. CLEANOUT ON SUBDRAIN 1 EA $350.00 $350.00
SUBTOTAL $7,750.00
20% CONTINGENCIES $1,550.00
TOTAL CONSTRUCTION COST $9,300.00
PACIFIC PLACE (MAPSCO 66Z)
REV 1-16-04
ITEM QUANTITY UNITS UNIT TOTAL
PRICE COST
INSTALL STD. SUBDRAIN 50 LF $40.00 $2,000.00
SOD 17 SY $20.00 $340.00
SUBTOTAL $2,340.00
20% CONTINGENCIES $468.00
TOTAL CONSTRUCTION COST $2,808.00