HomeMy WebLinkAboutContract 29961 CITY SECRETARY
CONTRACT NO. C ,
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and RJN GROUP, INC,
(the"ENGINEER"), for a PROJECT generally described as:
SANITARY SEWER SYSTEM CONDITION ASSESSMENT AND IMPROVEMENTS
MAIN 34, 100, AND D100 DRAINAGE AREAS
Article
Scope of Services
A. The Scope of Services is set forth in Attachment A, A-1, and A-2.
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 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 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 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. The CITY shall furnish such surveys, tests,
and investigations, 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 mariner 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 AGREEMENT
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i
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity
of their obligations, duties, and responsibilities, including, but not limited to,
all construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to
determine, in general, if the work on the PROJECT is being performed in a
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,
ENGINEERING AGREEMENT
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or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain that the construction contractor has
completed the work in exact accordance with the Contract Documents; that the
final work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, materials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT was
finally constructed. The ENGINEER is not responsible for any errors or omissions
in the information from others that is incorporated into the record drawings.
1. Minority and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance
13471, 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.
ENGINEERING AGREEMENT ,J
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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 workspace 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
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 that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$3,000,000 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.
ENGINEERING AGREEMENT
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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
$1,000,000 aggregate
• The retroactive date shall be coincident with or prior to the date of the
contractual agreement and the certificate of insurance shall state that the
coverage is claims-made and the retroactive date. The insurance coverage
shall be maintained for the duration of the contractual agreement and five (5)
years following completion of the service provided under the contractual
agreement. An annual certificate of insurance submitted to the City shall
evidence such insurance coverage.
(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 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) The insurers for all policies must be licensed/approved to do
business in the State of Texas. Except for workers compensation,
all insurers must have a minimum rating of A: VII in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management.
ENGINEERING AGREEMENT
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(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.
(1) 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
five (5) 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.
ENGINEERING AGREEMENT
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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 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-f=urnished 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. �`. �-----
ENGINEERING AGREEMENT
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`r 'i.
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 D.
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.
ENGINEERING AGREEMENT P
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(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.
ENGINEERING AGREEMENT
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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 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 five (5) days of written notice and diligently
complete the correction thereafter.
ENGINEERING AGREEMENT
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(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.
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).
ENGINEERING AGREEMENT t
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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.
The term "Parties" mean the CITY and the ENGINEER, and their officers,
employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of
the Association then in effect. Any award rendered by the arbitrators less
than $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.
ENGINEERING AGREEMENT
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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.
M. Negotiated Agreement.
The parties acknowledge that each party and its counsel have reviewed
and revised this Agreement and that the normal rules of construction to
the effect that any ambiguities are to be resolved against the drafting party
shall not be employed in the interpretation of this Agreement or exhibits
hereto.
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 A-1 and A-2-Supplemental Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
ENGINEERING AGREEMENT
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ATTEST: CITY OF FORT WORTH
By-
Sylviff Glover Marc A. Ott �—
Acting City Secretary Assistant City Manager
APPROVAL RECOMMENDED
Contract Authorizatioli
Dale A. Fisseler, P.
Date Water Director
APPROVED AS TO FORM
AND LEGALITY
RJN Groin Inc_
ENGINEER
By:
m
Assistant City Attorney Hugh Kelso
Regional Vice President
ENGINEERING AGREEMENT + �l
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ATTACHMENT "A"
General Scope of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in Attachment A-1 and A-2 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 facili-
ties/improvements. It shall be the Engineer's duty hereunder to secure necessary
information from such outside agencies, to meet their requirements.
3) Geotechnical Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations that
may be needed. In the event it is determined necessary to make borings or excavate test
holes or pits, the Engineer shall in coordination with the City and the City's geotechnical
engineering consultant, draw up specifications for such testing program. The cost of the
borings or excavations shall be paid for by the City.
4) Agreements and Permits
The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain
any and all agreements and/or permits normally required for a project of this size and type.
The Engineer will be responsible for negotiating and coordinating to obtain approval of the
agency issuing the agreement and/or permits and will make any revisions necessary to
bring the plans into compliance with the requirements of said agency, including but not
limited to highways, railroads, water authorities, Corps of Engineers and other utilities.
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineers own cost and expense, unless such changes
are required due to changes in the design of the facilities made by the permitting authority.
If such changes are required, the Engineer shall notify the City and 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.
-1-
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.
r
r
-2- �
10) Conceptual Plans
The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which
include layouts, preliminary right-of-way needs and preliminary estimates of probable
construction costs for the Engineer's recornmended 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.
-3-
PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans
and contract specifications. The approved plans and contract specifications shall be used
as authorized by the City for use in obtaining bids, awarding contracts, and constructing
the project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding
documents, and assist the owner in determining the qualifications and acceptability of
prospective constructors, subcontractors, and suppliers. When substitution 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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ATTACHMENT"A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT A)
Main 34, 100, and D100 Drainage Areas
Sanitary Sewer System Condition Assessment and Improvements
PHASE
Sewer Project No P172-070172141080
SECTION I
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT A.
Upon receipt of notice-to-proceed, the ENGINEER will perform the following tasks:
PART A PROJECT ADMINISTRATION, PUBLIC RELATIONS DATA MANAGEMENT AND
TRAFFIC PERMITS
1. Proiect Administration
a. Meet, initially, with the City staff to give a briefing on the investigation strategy
and to introduce key personnel.
b. Prepare final schedule of work activities.
C. Perform general consultation with representative City staff on an as-needed
basis. Provide general overview opportunities for City personnel for observing
regularly scheduled field inspection and testing activities.
d. Provide monthly status report describing project activities. Submit report by the
15th of each month.
e. Provide a brief weekly progress report to Field Operations staff. Report will
include estimate of work completed, list of manholes or other items requiring
City action, and list of major defects requiring immediate action. It is intended
that the report be faxed to the Field Operations staff each Friday.
f. Perform Engineer's internal project control procedures on a monthly basis
including schedule and budget control, quality control review, and monthly
progress reports.
2. Monthly Meetings
a. Meet with City staff on a monthly basis to update previous investigative work, to
coordinate upcoming work, and to receive any input from staff. Written
documentation of each meeting will be provided. It is anticipated that six (6)
meetings will be conducted.
3. Public Relations/Notifications
a. Conduct meetings for residents and business owners in the Downtown Main 34,
100, and D100 areas. It is anticipated that various meetings with residents,
Sundance Square Association, and Downtown Ft.Wind other parties
will be conducted. The City will contact and schedule the meetings with the
various parties.
4/5/2004 Al-1 L
b. Meet with City and Civic Organizations to determine schedules for events in the
Downtown Area. These events may include conventions, Main Street Festival,
and other planned activities.
C. Utilize Fort Worth Water Department logo on all notices, exhibits, reports, etc.
developed by the Engineer for the project.
4. Data Management Program
a. Perform final review of system maps. City will provide maps of the designated
system in a shape file. City will also provide GPS points for each structure.
b. Prepare preliminary field map for project use. All drainage areas, sewers, and
manhole numbering as provided by the City will be shown on the map. The map
will be updated based on the results of the above ground survey and review of
available City records.
C. Obtain preliminary sewer segment distances, sewer diameters, sewer slopes,
available invert elevations for City sewers from existing City sewer as-builts. City
will be notified of any missing elevation data or questionable data.
d. Fill out the Engineer's Hydraulic Network Forms for all City main and collector
sewers and input to Engineer's computer system.
e. Obtain hydraulic network output reports for mains and collector sewers: review,
correct as necessary.
f. Obtain IDM (inch-diameter-miles)figures for mains and collectors; review, correct
as necessary.
g. Review and modify hydraulic network as differences are found during field survey
activities.
5. Traffic Control Permits and Coordination
a. Prior to initiating any field work in the Downtown Area, meet with appropriate City
representatives from the Water Department, Public Works, Police, and Fire
Departments to discuss project activities and work schedule.
b. Prepare one (1) blanket traffic control permit for work in the Downtown Area.
Based on discussions with City representatives, individual permits will not be
required and are not included in this scope of services.
C. Coordinate and schedule all field work so as not to conflict with any scheduled
events in the Downtown Area.
PART B FIELD INVESTIGATION
Field investigations will consist of above ground survey, manhole inspections, and dyed water
tracing. Field investigations will not begin prior to 10:00 a.m. on those days that the City is under Level
Red Ozone alert. All applicable safety regulations will be followed during the investigations.
The work schedule for the Downtown Area (Mains 34, 100, and D100)will vary depending on
traffic conditions. It is anticipated that a portion of the above ground survey and manhole inspection
4/5/2004 A1-2
work will be completed during the hours of 11:00 pm to 7:00 am, Sunday through Thursday.
All cleaning operations will be performed between 9:00 am and 4:00 pm Monday through
Friday. Television inspection work will also be completed during these hours if feasible. Should traffic
or other conditions not allow television inspection during these hours, the work would be performed
during the 11:00 pm to 7:00 am time period or on weekends.
The Engineer and its subcontractors shall comply with all existing noise ordinances when
conducting the field work.
1. Public Notification
In that the predominant amount of field inspection will be performed in City right-of-way,
notification of residents on private property will only be performed where special access
is required for such items as locked gates, dogs, or other reasons that would prevent
entry. Where special access is required, the crew leader shall contact the owner and
explain the inspection procedure.
Maintain log with list of all contacted residents' names, addresses, and dates of
inspection. Update daily.
2. City Notification
Notify the City daily of the work location of each crew. The notification shall include a
map of the general location of work to be performed. Exact location for all manholes to
be inspected will not be included. The notification shall be by fax received no later than
7:00 A.M. in the day of the actual inspection. An alternative to fax notification will be to
drop off the information at the Field Operations office. In no case will work be suspended
by the Water Department if the Water Department fax is inaccessible and the drop-off
notification is completed prior to beginning work.
3. Above Ground Survey
The Engineer shall perform an above ground survey of the entire wastewater collection
system in the Main 34, 100, and D100 Drainage Areas. The purpose of the above
ground survey is to verify the accuracy of the existing mapping prior to initiating other
field investigation activities. The above ground survey will consist of opening each
manhole in the study area and noting the direction of flow to and from each manhole.
The existing sewer maps will be corrected based on the results of the survey.
in the Downtown Area, an additional purpose of the above ground survey is to determine
the accessibility of each manhole and to determine the level of effort necessary for
further inspection. This will include type of equipment, traffic control, number of
personnel, etc.
4. Manhole/Visual Pipe Inspections
Perform comprehensive internal manhole and visual pipe inspection for manholes in the
study area. Inspections will be performed in accordance with the Fort Worth Water
Department SSES Standards unless otherwise noted. Approximately 360 manholes are
estimated in the M-34, 100, and D100 Drainage Areas—. -The,Engineer-ww ttempt to
expose manholes that are buried less than one-half inch under asphalt and1less than
three inches under non-paved surfaces. If the Engineer is unsuccessful,the4manholes
4/5!2004 A1-3
will be turned over to the City for exposure. Should the City locate or make accessible
these manholes within 14 days of weekly notification, the Engineer will complete all
necessary inspections at no additional cost to the City.
It is the intent to perform a below ground inspection of each manhole in the study areas
by the man descent method, where feasible. If manholes appear unsafe or are too deep
for man entry, the inspection will be performed from above ground utilizing high intensity
lights. In addition, the lower part of the manhole would be inspected and video taped
with the CCTV inspection camera.
5. Data Input
Input below ground manhole/visual pipe inspection data to project computer files, assign
flow rates, obtain output records for 1/1 sources, 1/1 flows, and 1/1 rehabilitation costs.
6. Reporting
Submit weekly report of Weekly Accomplishment and Action Order Request to the Field
Operations Division office each Monday morning by 10:00 A.M.
7. Dyed Water Flooding Test Procedures
Select locations for dyed water flooding with potential areas designated for investigation
based primarily on the map review and reconnaissance survey. Dyed water flooding
may be performed on selective storm sewer sections; suspected overflows, stream and
ditch sections, and other ponding areas in the public sector that may contribute to inflow.
Dye testing may also be utilized to trace service connections. Dyed water flooding will
be in accordance with the Fort Worth SSES Standards unless otherwise noted. The
exceptions to the Standards are that no dye test justification report is included in the
scope of services for this project. Approximately 10 locations are estimated.
Input dyed water data to computer to obtain reports.
8. QA/QC Program
The ENGINEER will conduct a QA/QC program that meets the criteria specified in the
City's SSES Standards Manual.
PART C CLEANING AND INTERNAL TELEVISION INSPECTION MAINS 34, 100, AND D100
1. Cleaning and Television Inspection
Cleaning and TV inspection of selected sewer lines will be performed by subcontractor to
Engineer with an Engineer's representative on location to observe the work. It is
anticipated that television inspection will be attempted on 100 percent of the sewer lines
in the study areas. Cleaning will only be performed as necessary. The specifications for
the television inspection are as follows:
2. Public Notification
Door hanger type notices will be distributed to all residences in the area. Where special
access is required, the subcontractor shall be required to contact the owner and explain
the inspection procedure. 1 I
4/5/2004 A1-4 "" :�
The subcontractor shall maintain log with list of all contacted residents' names,
addresses, and dates of inspection. Update daily.
3. City Notification
The subcontractor shall notify the City daily of the work location of each crew. The
notification shall include a map of the general location of work to be performed. Exact
location for all sewer lines will not be included. The notification shall be by fax received
no later than 7:00 A.M. the day of the actual inspection. An alternative to fax notification
will be to drop off the information at the Field Operations office. In no case will work be
suspended by the Water Department if the Water Department fax is inaccessible and the.
drop-off notification is completed prior to beginning work.
4. Procedures
It is anticipated that all sewer lines will be internally inspected by CCTV prior to
performing any cleaning operations. The purpose of the pre-CCTV is to determine the
general condition of each sewer segment and location of service connections that may
possibly backup if cleaning is necessary. The CCTV inspection will also determine if
cleaning is required on any inspected sewer segment. Cleaning operations will only be
performed as necessary to facilitate CCTV inspection or to remove debris that could
contribute to a backup.
Sewer lines shall be CCTV inspected and cleaned where necessary in accordance with
the City specification currently in force at the time of contract execution using equipment
specifically designed for this purpose. The sewer cleaner shall have a pump capable of
delivering a minimum of 30 gallons per minute at 1,000 psi. Bypass pumping to reduce
flow depths to an acceptable range is included in this scope of services. The City shall
provide water and meter necessary for the cleaning activities at no cost to the Engineer.
5. Removal of Debris
During cleaning operations, all sludge, debris, etc., will be removed from the sewer and
disposed of properly. Passing material from section to section will not be allowed.
6. Removal of Equipment
City will provide for removal of equipment that may become lodged in the sewer line
unless the Engineer is requested not to inspect a specific sewer segment. The City,
Engineer, and Engineer's subcontractor will review inspection tape to determine which
party is responsible for cost of equipment retrieval.
PART D ANALYSIS AND REPORT
1. Report
A comprehensive draft project report will be prepared to include summary tables of
findings for each line segment and recommendations for repairs and other
recommendations as necessary. Also included will be computer printouts of all work
performed for manhole inspection, dyed water flooding, and television inspection. All
defects included in the rehabilitation plan will be listed on a computer report according to
4/5/2004 A 1-5
cost and preliminary method of rehabilitation. The report will also include a description of
the project area, description of the project methodology, and recommendations for any
further work that may be required.
Submit five (5) copies of draft report to City for review and discussion. ASCII files of all
manhole inspection data specified in the September 1995 City of Fort Worth Water
Department SSES Standards will be submitted with the final report along with one copy
of the original forms.
After reviewing comments from City, prepare and submit ten (10) copies of final report,
three (3) copies of any appendix volumes, and one (1) copy of television inspection
tapes.
PART E TRAFFIC CONTROL, SAFETY / PUBLIC RELATION ISSUES ALLOWANCE
Due to the nature of the inspection activities in the Downtown Area, traffic control and other
safety related and public relation issues may be encountered that are not included in the general scope
of services. These issues may include providing traffic control including barricades, sequencing arrow
panels, and/or use of a firm to provide traffic control. Additional safety concerns may require the use of
fresh air breathing apparatus, communication devices, and other equipment necessary for the safe
entry of manholes. Additional meetings with residents and/or business owners would also be included.
Because the exact extent of these issues are not known at this time, an allowance is included
in the cost estimate to provide compensation for these services should they be required.
PHASE II SERVICES
Phase II Services shall include an investigation of the M-267 Drainage Area. The final Scope
of Services and Compensation shall be negotiated at a later date.
23
Z:%ContractsTMMeln 34,100 6D100W-1.doc J_'.
.•r
4/5/2004 A11-6 r,f =
EXHIBIT "A-2"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
Sewer System Rehabilitation and Improvements, Part I
Project No P172-070172141080
PHASE I - DESIGN SERVICES: PIPELINE REHABILITATION
The following is a clarification of the tasks that the ENGINEER will perform under
ATTACHMENT "A". Work under this Exhibit includes replacement of approximately 5,000 linear
feet of sanitary sewers in various locations within the Drainage Areas. 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. For purposes of establishing a level of
effort, two (2) meetings are anticipated. These include the following:
• One (1) pre-design kick-off meeting (including the CITY's Water
Department, Department of Engineering and other departments that are
impacted by the project).
• One (1) review meeting at completion of the CITY's review of the Design
Summary Report.
b. Research of Rehab History
The ENGINEER will conduct a cursory review of completed sanitary sewer
replacement and rehabilitation work in the vicinity of the proposed locations. This
will include discussions with various CITY departments, and coordination with
local consultants engaged in past and current sanitary sewer improvement
projects. Interviews will also be conducted with staff in the Field Operations
Division. The research data will be compiled and mapped to avoid potential
duplication of work proposed under this contract.
4/5/2004 A2-1
C. Coordination with Other Agencies
During the concept phase, the ENGINEER will consult with all utilities, including
utilities owned by the City, and railroads. These entities shall also be contacted if
applicable, to determine plans for any proposed facilities or adjustment to
existing facilities within the project limits. The information obtained shall be
shown on the concept plans. The ENGINEER shall show the location of the
proposed utility lines, existing utility lines, and any adjustments and/or relocation
of the existing lines within the project limits. ENGINEER shall complete all forms
necessary for City to obtain permit letters from the railroad and submit such
forms to the City. City shall be responsible for forwarding the forms to the
affected agencies for execution.
d. Easement/ROW Research
The ENGINEER shall review information to determine the extent of existing
easements and Rights-of-Way.
2. Monthly Progress Report and Neighborhood Newsletter
a. The ENGINEER shall host, attend and participate in progress meetings as
requested by the CITY. The ENGINEER shall submit a progress schedule after
the design contract is fully executed.
b. ENGINEER will prepare a quarterly newsletter detailing the status of the project
for distribution to the affected neighborhood Association. The newsletter will be
reviewed and approved by the City prior to distribution.
PART B - CONSTRUCTION PLANS AND SPECIFICATIONS
1. Conceptual Engineering
a. Alignment Study
The ENGINEER will evaluate alternatives for the alignment of the various sewer
improvements and evaluate methods of construction to determine the least cost
alternative method. Consideration will also be given to minimize disruption to the
public in developing the recommended alignments and construction methods.
Specific tasks include:
1) The ENGINEER will review existing information provided by the City for
each of the sewer mains proposed for rehabilitation. This information will
include the following:
4/5/2004 A2-2
• Wastewater Master Plan
• As-Built records
• CCTV data
• Maintenance records
• Utility records
2) Based on the review of the above information, evaluate construction
methods for each of the proposed locations.
3) Conduct site visits with City staff to review proposed alignments.
4) Develop preliminary opinion of construction cost for each alignment
option.
5) Based on the above task, determine recommended alignment of each
sewer.
b. Design Summary Report
Based on the completion of the above tasks, the ENGINEER will prepare a
summary report that includes recommendations for alignment and construction
methods for the proposed sewer rehabilitation.
1) Prepare Design Summary Report and submit to the CITY. Five (5) copies
of the design summary report shall be submitted.
The design summary report will be submitted within 90 days from the Notice to
Proceed with the design services.
After approval of the Conceptual Design, ENGINEER, will prepare final plans and
specifications. It is anticipated that one (1) set of construction plans and
specifications will be prepared.
2. Surveys for Design
a. 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 water appurtenances,
sanitary sewer structures and adjacent storm sewers, rim/invert elevations,
location of buried utilities, structures, and other features relevant to the final plan
sheets. Locate horizontal and vertical alignment of utility lines. Tie
improvements, trees, fences, walls, etc., horizontally within the limits of the
existing R.O.W. In addition, locate all front house corners.
Profile existing sewer line centerline. Compile base plan from field survey at
1" -40' horizontal and 1" =4' vertical scale.
4/5/2004 A2-3
b. ENGINEER Will Provide The Following Information:
All plans, field notes, plats, maps, legal descriptions, or other specified
documents prepared in conjunction with the requested services shall be provided
in a digital format compatible with the electronic data collection and computer-
aided design and drafting software currently in use by the CITY Department of
Engineering. All text data such as plan and profile, legal descriptions, coordinate
files, cut sheets, etc., shall be provided in the American Standard Code for
Information Interchange (ASCII) format, all drawing files shall be provided in
AutoCAD (DWG or DXF) format (currently Release 13) 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.
4/5/2004 A2-4
3. Public Notification
Prior to conducting design survey, ENGINEER will notify affected residents of the project
in writing. The notification letter shall be on company letterhead and shall include the
following: project name, limits, DOE project no., Consultant's project manager and
phone number, scope of survey work and design survey schedule. The letter will be
reviewed and approved by the City prior to distribution.
4. Preliminary Engineering
Upon approval of Part B, Section 1,b., ENGINEER will prepare preliminary construction
plans as follows:
a. Overall sanitary sewer layout sheets and an overall easement layout sheet(s).
b. Preliminary project plans and profile sheets which show the following: Proposed
sanitary sewer plan/profile and recommended pipe size, 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, rehabilitation and replacement will be located on the base
sheets prepared from survey information gathered under Part B, Section 1. Base
sheets shall reference affected or adjacent streets. Where open-cut construction
is anticipated, below and above ground utilities will be located and shown on the
base sheets.
d. Existing utilities and utility easements will be shown on the plan and profile
sheets. ENGINEER will coordinate with utility companies and the City of Fort
Worth to determine if any future improvements are planned that may impact the
project.
e. The ENGINEER shall make provisions for reconnecting all 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 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 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, details unique to
4/5/2004 A2-5
the construction of the project, trenchless details, and special service lateral
reconnections.
g. Right-of-Way Research
The ENGINEER shall 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 approximated based on
available information and recommendations will be made for approval by the
City.
h. Right-of-Way/Easement Preparation and Submittal
The ENGINEER shall 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 approximated based on
available information.
Legal descriptions and plot maps will be prepared on 8.5" x 14" standard sheets
for all necessary temporary and permanent easements required for relief sewer
construction. Descriptions shall be prepared in standard format as directed by
the DOE. Temporary and permanent easements shall be delineated on plan
sheets. Legal descriptions shall be submitted to CITY for review and final
acquisition. Right-of-Entry agreements shall be submitted to CITY for review and
final acquisition. Right-of-Entry agreements shall also be prepared if needed.
The CITY will secure easements and Right-of-Entry agreements as necessary.
An allowance of$2,000 is included for easements and rights-of-entry.
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 and
government agencies to determine the approximate location of above and
underground utilities, and other facilities that have an impact or influence on the
project.
ENGINEER will design City facilities to avoid or minimize conflicts with existing
utilities.
The ENGINEER shall deliver a minimum of 13 sets of approved preliminary
construction plans to the CITY's Utility Coordinator for forwarding to all utility
companies, which have facilities within the limits of the project.
4/5/2004 A2-6
j. Preliminary Construction Plan Submittal
a) Preliminary plans and specifications shall be submitted to City one
hundred twenty (120) days after approval of Part B, Section 1.
b) "rhe 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)
c) The ENGINEER will prepare 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 their review comments for
preliminary submittal. The City shall direct the ENGINEER in writing to proceed with
Final Design for Final Review.
I. Public Meetings
After the preliminary plans have been reviewed and approved by the CITY,
ENGINEER shall prepare exhibits along with an invitation letter and attend public
meeting to help explain the proposed project to residents. The CITY shall mail the
invitation letter to the affected residents.
5. Final Engineering Plan Submittal
a. Final Construction Documents shall be submitted to CITY thirty (30) days after
approval of Part B, Section 2.
Following CITY approval of the recommended improvements, the ENGINEER shall
prepare final plans, specifications and contract documents (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.
4/5/2004 A2-7
b. Engineer's Estimate of Probable Construction Cost
The ENGINEER shall prepare a final estimate of probable construction cost with the
final plans submitted.
PART C - PRE-CONSTRUCTION ASSISTANCE
1. Administration
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, specifications and contract
documents to the CITY for distribution to potential bidders. Proposal will be
delivered in electronic format.
b. Bidding Assistance
The ENGINEER shall assist the CITY during bidding phase including preparation
and delivery of addenda to plan holders and responses to questions submitted to the
DOE by prospective bidders. ENGINEER shall attend the schedule pre-bid
conference.
The ENGINEER shall assist in reviewing the bids for completeness and accuracy.
The ENGINEER shall attend the project bid opening(s) and develop bid tabulations
in hard copy and electronic format and submit four(4) copies of the bid tabulation.
C. Assistance During Construction
The ENGINEER shall attend the pre-construction conference for the project. The
ENGINEER shall also consult with and advise the CITY on design and/or
construction changes, if necessary.
The ENGINEER shall attend the substantial completion and final inspection
meetings for this project, review the post-construction television inspection video
tapes, and prepare a brief final report for the completed project as to compliance with
the ENGINEER's design.
ZAContradsWWWain 34.100&D100VW-2.doc
4/5/2004 A2-8
ATTACHMENT "B"
METHOD OF PAYMENT
Main 34, 100, and D100 Drainage Areas
Sanitary Sewer System Condition Assessment and Improvements
PHASE
Sewer Project No P172-070172141080
I. Progress Report
A. The Engineer shall submit to the designated representative of the Director of the
Water Department, monthly progress reports covering all phases of the project by the
15th of every month in the format required by the City.
II. Method of Payment
The Engineer shall prepare and submit invoices on a monthly basis as described in Article III
and as summarized below.
Unit Total
Estimated Cost Cost
Item/Description Quantities Unit ($) ($)
Section I SSES Engineering
1. Task Al, Project Administration 1 LS 12,199.00 12,199.00
2. Task A2, Monthly Meetings 6 EA 803.62 4,821.72
3. Task A3, Public Relations 1 TSM'--' 10,858.00 10,858.00
4. Task A4, Data Management 1 LS 5,520.00 5,520.00
5. Task A5, Control Permits and Coordination 1 LS 6,660.00 6,660.00
6. Task D1, Data Analysis, Recommendations 1 LS 10,000.00 10,000.00
and Report
Subtotal, Phase I - Engineering 50,058.72
Section I SSES Field Services
1. Task B3, Above Ground Survey 76,000 LF 0.374 28,424.00
2. Task B4, Manhole Inspection 360 EA 164.83 59,338.80
3. Task B7, Dyed Water Testing 10 EA 297.88 2,978.80
4. Task E, Traffic/Safety Allowance 1 T&M'--/ T&M 10,000.00
Subtotal - Section I - Field Services 100,741.60
Total Section I SSES 150,800.32
1/ Services associated with these tasks will be invoiced at the following hourly rates:
Project Director$145/hr, Project Manager$105/hr, Project Engineer$90/hr, Field Manager$85/hr,
Field Supervisor$53/hr, Field Technician$40/hr, CADD personnel$651hr,,amd GOefieei 11 44,
Direct cost will be at actual cost plus 10 percent.
B-1 r : i
M-34, 100 & D100 Drainage Area
Cleaning Program
Project No. P172-070172141080
COST SUMMARY
Section 1 -Cleaning Program
Unit Total
Task C Quantity Unit Cost Cost
M-34, 100, & D100
6"-8" Dia. Comprehensive Cleaning 22,000 LF 1.90 41,800.00
10"-12" Dia, Comprehensive Cleaning 4,250 LF 2.10 8,925.00
15" Dia. Comprehensive Cleaning 1,300 LF 3.50 4,550.00
18" Dia. Comprehensive Cleaning 1,370 LF 5.50 7,535.00
21" Dia. Comprehensive Cleaning 2,700 LF 6.00 16,200.00
24" Dia. Comprehensive Cleaning 200 LF 7.00 1,400.00
48" Dia. Comprehensive Cleaning 1,200 LF 16.00 19,200.00
54" Dia. Comprehensive Cleaning 800 LF 18.00 14,400.00
6"-12" Dia. Low Pressure Step Cleaning 10,000 LF 1.75 17,500.00
6"-12" Dia. Low Pressure Line Flushing 7,500 LF 0.75 5,625.00
6"-8" Dia. DIP/CIP Pipe Cleaning 2,200 LF 8.00 17,600.00
10"-12" Dia. DIP/CIP Pipe Cleaning 1,000 LF 12.00 12,000.00
15" Dia. DIP/CIP Pipe Cleaning 500 LF 15.00 7,500.00
6"-12" Dia. Pre TV 52,500 LF 2.10 110,250.00
15"-24" Dia. Pre TV 9,900 LF 2.40 23,760.00
27"-54" Dia. Pre TV(Float) 2,000 LF 2.50 5,000.00
6"-15" Dia. Post TV 31,250 LF 1.35 42,187.50
18"-24" Dia. Post TV 4,100 LF 1.90 7,790.00
27-54" Dia. Post TV(Float) 2,000 LF 2.50 5,000.00
6"-8" Dia. Flow Control Plugging 5 EA 100.00 500.00
15"-24" Dia. Flow Control Plugging 2 EA 250.00 500.00
Traffic Control (Commercial Heavy) 5 EA 800.00 4,000.00
Traffic Control (Multi-Lane Closure) 5 EA 1,500.00 7,500.00
6-inch Bypass Pump Setup 2 EA 2,500.00 5,000.00
12-inch Bypass Pump Setup 2 EA 3,500.00 7,000.00
6-inch Bypass Pumping 10 HR 200.00 2,000.00
12-inch Bypass Pumping 5 HR 250.00 1,250.00
Pre-TV Reverse Setup 10 EA 225.00 2,250.00
Post TV Reverse Setup 10 EA 175.00 1,750.00
Tap Removal 6"-12" Dia, 20 EA 325.00 6,500.00
Tap Removal 15" Dia. 5 EA 500.00 2,500.00
Setup Fee 10 EA 250.00 2,500.00
Cleaning Administration 1 LS 6,230.00 6,230.00
Cleaning/TV Observation 1 LS 66,010.00 66,010.00
TV Tape Review 1 LS 17,300.00 17,300.00
Total Cleaning Program 501,012.50
B-2
M-34, 100 & D100 Drainage Area
Cleaning Program
Project No. P172-070172141080
COST SUMMARY
Total
Unit Cost
Task Quantity Unit Cost M
Grand Total SSES & Cleaning Program 651,813.82
Design Services (Allowance for 5,000 If) 88,885.00
Total Contract Amount 740,698.82
The Engineer shall be compensated in an amount not to exceed $740,698.82 for services
described in Attachment A-1 and Exhibit A-2 and summarized in Attachment B. Payment of the
fee shall be considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the project.
Partial payments shall be made monthly upon receipt of an invoice from the Engineer, prepared
from the books and records of the Engineer. Each invoice is to be verified as to its accuracy
and compliance with the terms of this contract by an officer of the Engineer. Payment according
to statements will be subject to certification by the Water Director or his authorized
representative that such work has been performed.
ASSUMPTIONS
The following assumptions were made in the preparation of this Scope of Services and Fee
Schedule:
1. City shall provide copies of all available as-built records at no cost to the
Engineer.
2. The City shall provide GPS points for each sanitary sewer structure at the
beginning of project.
3. Only one blanket traffic control plan will be required for the project.
4. Police escorts for traffic control are not included.
5. City will provide water meter and water at no cost to the Engineer.
6. City will have the primary responsibility of selecting location for all public
meetings and scheduling of meetings.
B-3
M-34, 100 & D100 Drainage Area
Cleaning Program
Project No. P172-070172141080
COST SUMMARY
7. Cleaning will be billed at actual footage cleaned, not billed on actual TV
inspection footage.
8. Cleaning or TV Setup Fee = Return to previous attempted line for reasons
beyond our control.
9. Maximum depth of manhole for purpose of bypass pumping is 35 feet.
M/WBE PARTICIPATION SUMMARY
Proposed M/WBE Subconsultants Services Fees %of Total Fee
Gorrondona & Associates Topographic Surveys/ $16,500 2.22%
Easement Documents
DFW Infrastructure TV Inspection/Cleaning IiK 000 17.82%
TOTAL $148,500 20.04%
B-4
ATTACHMENT "C"
AMMENDMENTS
MAIN 34, 100, AND D100 DRAINAGE AREAS
SANITARY SEWER SYSTEM CONDITION ASSESSMENT AND IMPROVEMENTS
PHASE
SEWER PROJECT NO P172-070172141080
1. None.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/23/2004
DATE: Tuesday, March 23, 2004
LOG NAME: 60RJN REFERENCE NO.: **C-20006
SUBJECT:
Engineering Agreement with RJN Group, Inc. for the Main 34, 100, D100 Drainage Area Sanitary
Sewer System Evaluation Study and Improvements
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with RJN Group, Inc. in the amount of $740,698.02 for the Main 34, 100, D100 Drainage Area Sanitary
Sewer System Evaluation Study and Improvements.
DISCUSSION:
The Main 34, 100 and D100 drainage areas generally consist of the downtown central business
district. The redevelopment within the central business district has highlighted the need for a
comprehensive evaluation and condition assessment of the sanitary sewer collection system.
The engineering services to be provided under this agreement consist of performing a detailed Sewer
System Evaluation Survey (SSES) of approximately 65,000 linear feet (LF) of sewer to identify the nature
and locations of defects in the collection system.
As part of this agreement, the engineer will directly supervise and manage a cleaning and closed circuit
television contractor, perform comprehensive evaluation, review of pipeline inspection video, and develop
detailed recommendations regarding replacement or realignment of existing sewer mains.
This project is an integral part of the Fort Worth Wastewater Program to eliminate and prevent sanitary
sewer overflows and bypasses in the wastewater collection system, and to comply with U-S. Environmental
Protection Agency proposed regulations known as Capacity, Management, Operations and Maintenance
(CMOM).
This project is located in COUNCIL DISTRICT 9.
RJN Group, Inc., is in compliance with the City's M/WBE Ordinance by committing to 20% M/WBE
participation. The City's goal on this project is 20%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Sewer Capital Projects Fund.
Loizname: 60RJN PaaP 1 nf
TO Fund/Account/Centers FROM Fund/Account/Centers
P173 531200 070173014105 $740,698.02
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Dale Fisseler (8207)
Additional Information Contact: Dale Fisseler (8207)
T.nanamP• 6ORTN Parra nf7