HomeMy WebLinkAboutContract 30370 CITY SECRETARY
CITY OF FORT WORTH, TEXAS `~CNTRACT W
STANDARD AGREEMENT FOR ENGINEERING SERVICES 6. 3
This AGREEMENT is between the City of Fort Worth (the "CITY'), and Carter &
Burgess, Inc., (the "ENGINEER"), for a PROJECT generally described as: 36-Inch Walnut
Creek Sanitary Sewer Interceptor.
Article 1
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of suspension
of services, the ENGINEER shall have no liability to CITY for delays or
damages caused the CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations shall
be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and costlexecution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
ENGINEERING CONTRACT
Page 2 of 14
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 quality
ENGINEERING CONTRACT
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of performance by third parties; quality, type, management, or direction of
operating personnel; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore, the
ENGINEER makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not vary from the
ENGINEER's opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's
knowledge, information, and belief from selective sampling and observation that the
work has progressed to the point indicated. Such recommendations do not
represent that continuous or detailed examinations have been made by the
ENGINEER to ascertain that the construction contractor has completed the work in
exact accordance with the Contract Documents; that the final work will be
acceptable in all respects; that the ENGINEER has made an examination to
ascertain how or for what purpose the construction contractor has used the moneys
paid; that title to any of the work, materials, or equipment has passed to the CITY
free and clear of liens, claims, security interests, or encumbrances; or that there are
not other matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact location,
type of various components, or exact manner in which the PROJECT was finally
constructed. The ENGINEER is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this contract
and its commitment to meet that goal. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
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and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this article
together with subsection (3)hereof. CITY shall give sub-consultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting policies
of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage
if written on a split limits basis). Coverage shall be on any vehicle used
in the course of the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate
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(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. "rhe term CITY shall
include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified according to items section K.(1) and K.(2) of this agreement
are provided under applicable policies documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice
shall be acceptable in the event of non-payment of premium. Such
terms shall be endorsed onto ENGINEER's insurance policies. Notice
shall be sent to the respective Department Director (by name), City of
Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the state
of Texas or be otherwise approved by the CITY; and, such insurers
shall be acceptable to the CITY in terms of their financial strength and
solvency.
(f) Deductible limits, or self-insured retentions, affecting insurance
required herein shall be acceptable to the CITY in its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may
also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY'S discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
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(j) The Professional Liability insurance policy, if written on a claims made
basis shall be maintained by the ENGINEER for a minimum two (2)
year period subsequent to the term of the respective PROJECT
contract with the CITY unless such coverage is provided the
ENGINEER on an occurrence basis.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood that
insurance cost is an allowable component of ENGINEER's overhead.
(1) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When subconsultants
maintain insurance coverage, ENGINEER shall provide CITY with
documentation thereof on a certificate of insurance. Notwithstanding
anything to the contrary contained herein, in the event a
subconsultant's insurance coverage is canceled or terminated, such
cancellation or termination shall not constitute a breach by
ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing
of any existing conflicts of interest or potential conflicts of interest, including personal
financial interest, direct or indirect, in property abutting the proposed PROJECT and
business relationships with abutting property cities. The ENGINEER further
acknowledges that it will make disclosure in writing of any conflicts of interest that
develop subsequent to the signing of this contract and prior to final payment under
the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
ENGINEERING CONTRACT
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O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENGINEER could
not have been reasonably aware of, the ENGINEER shall notify the CITY of such
changes and an adjustment in compensation will be made through an amendment to
this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local, state,
or federal authorities; and land, easements, rights-of-way, and access necessary for
the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
ENGINEERING CONTRACT
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consultants as the CITY deems appropriate; and render in writing decisions required
by the CITY in a timely manner in accordance with the project schedule in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes
or becomes aware of any development that affects the scope or timing of the
ENGINEER's services or of any defect in the work of the ENGINEER or construction
contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and release
ENGINEER and its officers, employees, and subcontractors from all claims,
damages, losses, and costs, including, but not limited to, attorney's fees and
litigation expenses arising out of or relating to the presence, discharge,
release, or escape of hazardous substances, contaminants, or asbestos on
or from the PROJECT. Nothing contained herein shall be construed to
require the CITY to levy, assess or collect any tax to fund this
indemnification.
(2) The indemnification and release required above shall not apply in the event
the discharge, release or escape of hazardous substances, contaminants, or
asbestos is a result of ENGINEER'S negligence or if such hazardous
substance, contaminant or asbestos is brought onto the PROJECT by
ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for contractor's
negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary of
any undertaking by the ENGINEER."
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(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time required
for performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
ENGINEERING CONTRACT
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B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will be
at the CITY's sole risk. The final designs, drawings, specifications and documents
shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by
acts of God, strikes, lockouts, accidents, or other events beyond the control of the
ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services,
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for convenience so that
the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
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F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in connection
with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of negligence
or willful misconduct as determined pursuant to T.C.P. & R. Code, section
33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict or
statutory liability, or any other cause of action, except for willful misconduct or gross
negligence for limitations of liability and sole negligence for indemnification. Parties
mean the CITY and the ENGINEER, and their officers, employees, agents, and
subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
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
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$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose in
the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all
orders, laws ordinances and regulations which may exist or may be enacted later by
governing bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to
defend, indemnify and hold harmless CITY and all of its officers, agents and
employees from and against all claims or liability arising out of the violation of any
such order, law, ordinance, or regulation, whether it be by itself or its employees.
ENGINEERING CONTRACT
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the II 'day of t , 2004.
ATTEST: CITY OF FORT WOR -H
V l GUct AUVI By:
Marty Hendrix b Marc. A. Ott
City Secretary Assistant City Manager
APPROVAL RECOMMENDED
�n ract author ration
A. Douglas Rademaker, P.E.
'tom Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
7>4j�el�
Assistant City Attorney
CARTER & BURGESS, INC.
ENGINEER
By
Steve Veal, P.E.
SomiewVice President
ENGINEERING CONTRACT
Page 14 of 14 � g
ATTACHMENT "A"
General Scopeof Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in the supplemental Scope of Services. In cases of conflict between the
Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope
of Services shall have precedence over the General Scope of Services."
GFNFRAI_
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of
the City regarding the scope of project so that the plans and specifications which are to
be developed hereunder by the Engineer will result in providing facilities which are
economical in design and conform to the City's requirements and budgetary
constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be
necessary for the design of the proposed street, and storm drain and/or water and
wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure
necessary information from such outside agencies, to meet their requirements.
3) Geotechnical Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations
that may be needed, In the event it is determined necessary to make borings or
excavate test holes or pits, the Engineer shall in coordination with the City and the
City's geotechnical engineering consultant, draw up specifications for such testing
program. The cost of the borings or excavations shall be paid for by the City.
4) Agreements and Permits
The Engineer shall complete all forms/applications to allow the City of Fort Worth to
obtain any and all agreements and/or permits normally required for a project of this size
and type. The Engineer will be responsible for negotiating and coordinating to obtain
approval of the agency issuing the agreement and/or permits and will make any
revisions necessary to bring the plans into compliance with the requirements of said
agency, including but not limited to highways, railroads, water authorities, Corps of
Engineers and other utilities.
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineers own cost and expense, unless such
changes are required due to changes in the design of the facilities made by the
rI n
Y
permitting authority. If such changes are required, the Engineer shall notify the City and
an amendment to the contract shall be made if the Engineer incurs additional cost. If
there are unavoidable delays, a mutually agreeable and reasonable time extension
shall be negotiated.
6) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic
film sheets, or as otherwise approved by the Department of Engineering and shall
become the property of the City. City may use such drawings in any manner it desires;
provided, however that the Engineer shall not be liable for the use of such drawings for
any project other than the project described herein; and further provided, that the
Engineer shall not be liable for the consequences of any changes that are made to the
drawings or changes that are made in the implementation of the drawings without the
written approval of the Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction of
the project. Engineer shall determine ownership of such land and furnish the City with
the necessary right-of-way sketches, prepare necessary easement descriptions for
acquiring the rights-of-way and/or easements for the construction of this project.
Sketches and easement descriptions are to be presented in form suitable for direct use
by the Department of Engineering in obtaining rights-of-way, easements, permits and
licensing agreements. All materials shall be furnished on the appropriate City forms in a
minimum of four(4) copies each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans
and Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to
any proposed utility liens or adjustment to existing utility lines within the project limits.
The information obtained shall be shown on the conceptual plans. The Engineer shall
show on the preliminary and final plans the location of the proposed utility fines,
existing utility lines, based on the information provided by the utility, and any
adjustments and/or relocation of the existing lines within the project limits. The
Engineer shall also evaluate the phasing of the water, wastewater, street and drainage
work, and shall submit such evaluation in writing to the City as part of this phase of the
project.
-2-
10) Conceptual Plans
The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans
which include layouts, preliminary right-of-way needs and preliminary estimates of
probable construction costs for the Engineer's recommended plan. For all submittals,
the Engineer shall submit plans and documents for street/storm drain and
water/wastewater facilities. The Engineer shall receive written approval of the Phase 1
Plans from the City's project manager before proceeding with Phase 2.
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans
and five (5) copies of the preliminary technical specifications for review by the City and
for submission to utility companies and other agencies for the purposes of coordinating
work with existing and proposed utilities. The preliminary construction plans shall
indicate location of existing/proposed utilities and storm drain lines. The Engineer shall
receive written approval of the Phase 2 plans from the City's project manager before
proceeding with Phase 3.
PHASE 3
13) Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
14) Detailed Cost Estimate
The Engineer shall furnish four (4) copies of detailed estimates of probable construction
costs for the authorized construction project, which shall include summaries of bid items
and quantities.
15) Plans and Specification Approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state and federal
laws and with applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies. The Engineer shall receive written approval of the
Phase 3 plans from the City's project manager before proceeding with Phase 4.
-3-
PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction
plans and contract specifications. The approved plans and contract specifications shall
be used as authorized by the City for use in obtaining bids, awarding contracts, and
constructing the project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the
bidding documents, and assist the owner in determining the qualifications and
acceptability of prospective constructors, subcontractors, and suppliers. When substitu-
tion prior to the award of contracts is allowed by the bidding documents, the Engineer
will advise the owner as to the acceptability of alternate materials and equipment
proposed by the prospective constructors.
18) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the
construction of the project and shall make a recommendation of award to the City.
19) Prebid Conference
The Engineer shall attend the prebid conference and the bid opening, prepare bid
tabulation sheets and provide assistance to the owner in evaluating bids or proposals
and in assembling and awarding contracts for construction, materials, equipment, and
services.
PHASE 5
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters concerning the layout of the
project during its construction and will set control points in the field to allow City survey
crews to stake the project. The setting of line and grade stakes and route inspection of
construction will be performed by the City.
22) Site Visits
The Engineer shall visit the project site at appropriate intervals as construction
proceeds to observe and report on the progress and the quality of the executed work.
-4-
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.
-5-
EXHIBIT "A-1 "
(SUPPLEMENT TO ATTACHMENT "A")
36-INCH WALNUT CREEK INTERCEPTOR
PROJECT No. PS 58-070580176330
D.O.E. No. 4440
The city of Fort Worth (CITY), with cost participation from the Benbrook Water and Sewer Authority
(BWSA), will construct an extension of Fort Worth's sewer transmission main in the vicinity of
Walnut Creek to the west to serve future land development. This sewer transmission main
extension will connect to the COFW's existing 30-inch sewer transmission just north of Mary's
Creek and continue westward with approximately 3,880 linear feet of 36-inch sewer to the Fort
Worth/Benbrook city limits just east of U.S. Highway 377. This portion of the line will generally
follow the alignment of Walnut Creek. From this point at the Fort Worth/Benbrook city limits just
east of U. S. Highway 377, the line will continue westward with approximately 3,100 linear feet of
36-inch sewer main to a point in the west right of way on Interstate Highway 20 (IH-20). This
portion of the line will generally follow the alignment of the Union Pacific Railroad.
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
"A".Work under this attachment includes engineering services for sanitary sewer improvements for
the following:
PHASE 1 — PRE-ENGINEERING
100 Initial Data Collection
101 Pre-Design Coordination Meetings. ENGINEER will attend and document meetings, as
required, to discuss and coordinate various aspects of the project and to ensure that the
project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings
are anticipated. These include the following:
i. One(1) pre-design kick-off meeting, (including the CITY's Department of Engineering and
other departments that are impacted by the project).
ii. One (1) review meeting at completion of the CITY's review of the conceptual engineering
plans.
102 Data Collection. In addition to data obtained from the CITY, ENGINEER will research and
make efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the project.
ENGINEER will also identify and seek to obtain data for existing conditions that may impact
the project including; utilities, CITY Master plans, property ownership as available from the
Tax Assessor's office.
103 Coordination with Other Agencies. During the concept phase the ENGINEER shall
coordinate with all utilities, including utilities owned by the CITY, TxDOT and railroads.
These entities shall also be contacted if applicable, to determine plans for any proposed
facilities or adjustment to existing facilities within the project limits.The information obtained
shall be shown on the concept plans. The ENGINEER shall show the location of the
proposed utility lines, existing utility lines and any adjustments and/or relocation of the
existing lines within the project limits. ENGINEER shall complete all forms necessary for
EA1-1
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CITY to obtain permit letters from TxDOT and railroads and submit such forms to the CITY.
CITY shall be responsible for forwarding the forms to the affected agencies for execution.
104 Monthly Progress Report and Neighborhood Newsletter
i. The ENGIENER shall submit a progress schedule after the design contract is fully
executed.The schedule shall be updated and submitted to the CITY along with monthly
progress report as required under Attachment B of the contract.
PHASE 2 - CONSTRUCTION PLANS AND SPECIFICATIONS
200 Conceptual Engineering
201 Surveys for Design
See Special Services
202 Engineer Will Provide The Following Information: All plans, field notes, plats, maps, legal
descriptions, or other specified documents prepared in conjunction with the requested
services shall be provided in a digital format compatible with the electronic data collection
and computer aided design and drafting software currently in use by the CITY Department
of Engineering. All text data such as plan and profile, legal descriptions,coordinate files,cut
sheets, etc., shall be provided in the American Standard Code for Information Interchange
(ASCII) format, all drawing files shall be provided in MicroStation (DGN) format (current
release), 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:
i. A Project Control Sheet, showing ALL Control Points, used or set while gathering data.
Generally on a scale of not less than 1:400:
ii. The following information about each Control Point;
a. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing
base. Z coordinate on CITY Datum only.
b. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, etc., in the same coordinate
system, as the Control.
c. No less than two horizontal control points, per line or location.
d. Bearings given on all proposed centerlines, or baselines.
203 Public Notification and PersonnelNehicle Identification. Prior to conducting design survey,
ENGINEER will notify affected residents of the project in writing.The notification letter shall
be on company letterhead and shall include the following: project name, limits, DOE project
no., Consultant's project manager and phone no., scope of survey work and design survey
schedule. The letter will be reviewed and approved by the CITY prior to distribution.
When conducting site visits to the project location, the consultant or any of its sub-
consultants shall carry readily visible information identifying the name of the company and
the company representative. All company vehicles shall also be readily identifiable.
204 Conceptual Engineering Plan Submittal
i. Conceptual plans shall be submitted to CITY 30 working days after completion of design
survey.
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ii. The ENGINEER shall perform conceptual design of the proposed improvements and
furnish four (4) copies of the concept engineering plans which includes layouts,
preliminary right-of-way needs and cost estimates for the ENGINEER's recommended
plan. ENGINEER shall perform remaining field surveys required for final design of
selected route(s). All design shall be in conformance with Fort Worth Water Department
policy and procedure for processing water and sewer design.
205 Preliminary Engineering. Upon approval of Part B, Section 2, ENGINEER will prepare
preliminary construction plans as follows:
i. Overall sanitary sewer layout sheets and an overall easement layout sheet(s).
ii. Preliminary project plans and profile sheets which show the following: Proposed sanitary
sewer plan/profile and recommended pipe size, slopes, flowlines, manholes,
topographic information 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.
iii. 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.
iv. The ENGINEER will prepare standard and special detail sheets for the sewer installation
that are not already included in the City's specifications.
v. Right-of-Way Research. The ENGINEER will conduct preliminary research for
availability of existing easements where open-cut construction or relocation of existing
alignments is probable. Temporary and permanent easements will be appropriated
based on available information and recommendations will be made for approval by the
City. (See Special Services)
vi. 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.
vii. Preliminary Construction Plan Submittal
a. Preliminary plans and specifications shall be submitted to CITY 50 working days after
approval of the conceptual design report.
b. The ENGINEER shall deliver five(5)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
General Notes
Sewer Layout & Easement Sheets
Sewer Plan & Profile Sheets
Aerial Crossing & Details (If necessary)
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Standard Construction Details
Special Details (If necessary)
c. The ENGINEER shall submit a preliminary estimate of probable construction cost with
the preliminary plans submitted. ENGINEER shall assist CITY in selecting the feasible
and/or economical solutions to be pursued.
viii. Review Meetings with CITY. The ENGINEER shall meet with CITY to discuss review
comments for preliminary submittal. The CITY shall direct the ENGINEER in writing to
proceed with Final Design for Final Review.
ix. Public Meeting. Are not included in this scope or fee. Participation by the ENGINEER
will be considered as an additional service and fee.
206 Final Engineering Plan Submittal
i. Final Construction Documents shall be submitted to CITY 40 working days after
approval of Part B, Section 4.
Following CITY approval of the recommended improvements, the ENGINEER shall
prepare final plans and specifications and contract documents to CITY (each sheet shall
be stamped, dated, and signed by the ENGINEER) and submit two (2) sets of plans and
construction contract documents within 15 days of CITY's final approval. Plan sets shall
be used for Part C activities.
ii. ENGINEER's Estimate of Probable Construction Cost. The ENGINEER shall submit a
final estimate of probable construction cost with the final plans submitted.
PHASE 3 - PRE-CONSTRUCTION ASSISTANCE
300 Administration
301 Deliver Bid Documents. The ENGINEER will make available for bidding, upon request by the
CITY, up to fifty (50) sets of the final approved and dated plans and specifications and
contract documents for the projects to the CITY for distribution to potential bidders. Proposal
will be delivered in electronic format.
EA1-4
EXHIBIT "A-2"
(SUPPLEMENT TO ATTACHMENT "A")
SPECIAL SERVICES
36-INCH WALNUT CREEK INTERCEPTOR
PROJECT No. PS 58-070580176330
D.O.E. No. 4440
100 PHASE 1 — CONCEPTUAL DESIGN
101 Sewer Routing Study. Using maps of the existing conditions,field reconnaissance, expected
easement / R-O-W availability, topography, existing land use, etc. The ENGINEER will
recommend a general alignment for the proposed sewer main. This will not include any field
design survey at this stage.
The ENGINEER will prepare a technical memorandum that presents the proposed
recommended alignment with an alignment exhibit for the project.The CITY staff will review
this document, and their comments incorporated into a final memorandum.
200 PHASE 2 — PRELIMINARY DESIGN
201 Design Surveys. The ENGINEER'S survey subconsultant, Gorrondona & Associates,
Inc., will provide design surveying services for the project.
a. Perform deed, plat, easement and other courthouse record research of the affected
parcels of land. Prepare a deed sketch showing the affected properties. After the
property corners are located, calculate the property lines and create a CADD file
showing the property/right-of-way lines and property owners to insert into the CADD
file showing the topographic/design drawing. Gorrondona & Associates, Inc. is not
responsible for easements that are not filed for record or easements that cannot be
located.
b. Perform a topographic survey within an area 15 feet on both sides of the centerline
(30 feet wide)with the route being approximately 7,000 linear feet long. Survey is to
include boundary/right-of-way lines, existing features, tree lines and enough spot
elevations to produce an accurate digital terrain model of the proposed route.
C. Meet with the engineer in the field to stake the centerline (Wooden Lathes) of the
proposed pipeline alignment at approximately 500' intervals and at all Points of
Intersection. The purpose of the centerline staking is to provide a reference for
identifying the alignment for the design survey.
d. The work shall include all horizontal and vertical coordinates of the survey. The
survey shall be based upon the City of Fort Worth Vertical Datum. Set benchmarks
at 1,500-foot +/- intervals along the proposed route for the entire 7,000 linear feet.
EA2-1
e. Contact Dig-TESS for utility line locates. Tie in the locations of all existing utilities
within the survey limits which have been flagged by others. Tie in the locations of
utility markers and related appurtenances (i.e., meters, poles, pull boxes, etc.).
f. Tie in all existing features and structures on the survey, within 15 feet either side of
the proposed centerline. These shall include, but not be limited to, tops of curbs,
edges of pavement, bridges, retaining walls, drainage structures (top, edges and
flowline), channels and drainage ways (tops, toes and flowline), manholes (rim and
flowline), valves, trees 6" or larger, slabs, utility signs and structures, fences,
landscaping features, shrubbery, buildings (edges and finished floor), identify tree
covered areas, cleanouts, mailboxes, property corners, driveways, sidewalks,
property pins, utility poles, site equipment, storage tanks (footprint and top) and
vaults (top, edges and flowline).
g. Provide 1 copy of all field notes and sketches prepared by the surveyor.
h. Stake five (5) soil bore test holes along the proposed route.
i. Provide Carter & Burgess, Inc. with one MicroStation electronic drawing file using
Carter & Burgess, Inc.'s current CADD standards. The drawing shall include all
survey points and descriptions, the items tied in, a digital terrain model of the
survey, property lines, property owners, reference benchmarks, project benchmarks
and breaklines.
j. Provide an electronic file listings of x, y, and z coordinates in ASCII text format as
required by Carter & Burgess, Inc. of all the points located in the field.
202 Easement Documents. Gorrondona&Associates, Inc. is to provide easement document
services for the project.
a_ Prepare metes and bounds descriptions with exhibits for separate temporary
construction and permanent easements across seven (7) parcels of land and written
to CITY standards.
b. Easement documents shall be in accordance with State surveying standards and
sealed by an R.P.L.S. Provide the CITY with easement documents.
203 Geotechnical Investigation. The ENGINEER'S geotechnical subconsultant, Mas-Tek
Engineering & Associates, Inc. will provide geotechnical services for the sewer main
which will include coordination of field activities and utility clearances,the drilling of three(3)
boring to depths of 25 feet along the alignment and two (2) boring of 35 feet depths at
proposed aerial crossings. The location of these borings will be determined by Mas-Tek
with the staking and surveying by Gorrondona&Associates, Inc. Rock at these borings will
be continuously cored to allow for RQD determinations. The borings will be bailed of drilling
fluid and groundwater observations will be made upon completion of the drilling. Final
laboratory testing will be preformed and a geotechnical report prepared presenting and
summarizing the findings. It is assumed that the ENGINEER will be responsible for
obtaining permission to access the boring locations.
204 Permitting.The ENGINEER will prepare (one) permit application for the crossing of TxDOT
right-of-way and one (1) permit application for railroad right-of-way and provide to the CITY
for their submittal and obtaining approval from the appropriate review authority.
EA2-2
Any additional permits will be considered additional services beyond this contract, i.e.,
Tarrant County, pipeline companies, U.S. Army Corps of Engineers' permits,environmental
assessment/impact documents, applications for grants and/or loans, etc.
EA2-3
ATTACHMENT "B"
COMPENSATION AND SCHEDULE
36-INCH WALNUT CREEK INTERCEPTOR
PROJECT No. PS 58-070580176330
D.O.E. No. 4440
I. COMPENSATION
A. The ENGINEER shall compensated at a lump sum fee of $59,419.00 for Basic
Services and $52,090.00 for Special Services as summarized on Exhibit "B-3".
Payment of the fee shall be considered full compensation for the services described
in Exhibit"A-1"and "A-2"for all labor, materials, supplies and equipment necessary
to complete the project.
B. Partial payment shall be made monthly as stipulated on Exhibit B-1 upon receipt of
an invoice from the ENGINEER, prepared from the books and records of the
ENGINEER. Each invoice is to be verified as to its accuracy and compliance with
the terms of this contract by an officer of the ENGINEER. Payment according to
statements will be subject to certification by the Director of Engineering Department
or his authorized representative that such work has been performed.
II. SCHEDULE
A. The Design Phase shall have a schedule as follows:
Phase 1 (Exhibit "A-1 and "A-2") - Pre-engineering shall be completed 30 days
after City approval of Notice to Proceed.
Phase 2 (Exhibit "A-1 and "A-2") - Concept plans shall be completed 30 days after
receipt of approved survey. Preliminary plans, specifications and contract
documents shall be completed 90 days after CITY approval of concept
plans. Final plans, specifications contract documents and const estimate
will be completed 60 days after approval of Preliminary Plans.
Phase 3 (Exhibit "A-1 and "A-2") - Bidding and award will be completed and
estimated 30 days after the CITY'S approval of Final Design plans,
specifications and contract documents.
EXHIBIT "B-1 "
(SUPPLEMENT TO ATTACHMENT "B")
METHOD OF PAYMENT
36-INCH WALNUT CREEK INTERCEPTOR
PROJECT No. PS 58-070580176330
D.O.E. No. 4440
1 METHOD OF PAYMENTS
The ENGINEER shall be paid in monthly partial payments as outlined below.
A. The ENGINEER shall be paid in monthly payments upon the receipt of individual
invoiced for each partial payment request from the ENGINEER.
B. Partial payments shall not exceed the equivalent of 30% of the total lump sum fee,
until CITY approval of Exhibit "A-1" and "A-2", Phase I
C. Partial payments shall not exceed the equivalent to 95% of the total lump sum fee,
until CITY approval of Exhibit "A-1" and "A-2", Phase 2.
D. The balance of the fee shall be payable after completion by the ENGINEER of
Exhibit "A-1" and "A-2", Phase 3.
II PROGRESS REPORT
A. The ENGINEER shall submit to the designated representative of Director of
Department of Engineering monthly progress reports covering all phases of design
by the 15`h of every month in the format required by the CITY.
NOTE: If the ENGINEER determines in the course of making drawings and specifications that the
construction cost estimate of $1,118,469.00 (as estimated in Exhibit "B-4") will be
exceeded, whether by change in the scope of the project, increased costs or other
conditions, the ENGINEER shall immediately report such fact to the CITY'S Director of the
Engineering Department shall suspend all work hereunder.
EB1-1
EXHIBIT 66B-2"
(SUPPLEMENT TO ATTACHMENT "B")
HOURLY RATE SCHEDULE
36-INCH WALNUT CREEK INTERCEPTOR
PROJECT No. PS 58-070580176330
D.O.E. No. 4440
Employee Classification Rate/Hour
Principal $170.00 to $250.00
Project Manager/Planner $100.00 to $170.00
Senior Engineer/QA-QC $129.00 to $170.00
RPLS $86.00 to $95.00
Project Engineer $80.00 to $110.00
Design Tech. $75.00 to $100.00
CADD Tech. $ 40.00 to $ 55.00
Clerical $40.00 to $52.00
2-Man Survey Crew $ 100.00
3-Man Survey Crew $ 120.00
4-Man Survey Crew $ 150.00
Reimbursables Cost + 10%
Mileage $0.375 Per Mile
Reproduction work will be at current commercial rates. Subcontractors will be paid for at actual
invoice cost plus ten percent(10%).
E1132-1 � �'
lln
i
EXHIBIT 1113-3"
(SUPPLEMENT TO ATTACHMENT "B")
FEE COST SUMMARY
36-INCH WALNUT CREEK INTERCEPTOR
(BASED ON % CONSTRUCTION COST)
PROJECT No. PS 58-070580176330
D.O.E. No. 4440
36-INCH WALNUT CREEK INTERCEPTOR
FEES: %
BASIC SERVICES
Const. Cost= $1,118,469 x 6.25%x .85 $59,419 53.3%
Basic Services Based on TSPE Curve "B"
Subtotal $59,419 53.3%
SPECIAL SERVICES
Design Surveying (Gorrondona - M/WBE) $28,000 25.1%
7,000 ft. Sewer x $4.00 per ft.
Easements Preparation (Gorrondona- M/WBE) $8,400 7.5%
7 Parcels x $1,200 per Parcel
Geotechnical (Mas-Tek- M/WBE) $5,500 4.9%
5 Borings x$1,100 each
Sewer Routing Study (C-B) $2,500 2.2%
Lump Sum
TxDOT & Railroad Permitting (C-B) $2,500 2.2%
Lump Sum
10%Subconsultant Markup $4,190 3.8%
Reproduction $1,000 0.9%
Subtotal $52,090 46.7%
TOTALS $111,509 100.0%
FEE SUMMARY
PROPOSED M/WBE SUBCONSULTANTS: FEES: %
Surveying — Gorrondona & Associates, Inc. $36,400 32.6%
Geotechnical — Mas-Tek Engineering, Inc. $5,500 4.9%
TOTALS $41,900 37.6%
CARTER & BURGESS: FEES: %
Prime Consultant TOTALS $69,609 62.4%
TOTALS $111,509 100.0%
Note: City of Fort Worth and City of Benbrook Engineering Fees are broken out in Exhibit"B-5"
EB3-1
0
z
EXHIBIT 1113-4"
(SUPPLEMENT TO ATTACHMENT "B")
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
36-INCH WALNUT CREEK INTERCEPTOR
PROJECT No. PS 58-070580176330
D.O.E. No. 4440
PAY BID UNITS WORK DESCRIPTION UNIT TOTAL
ITEM QUANTITY PRICE AMOUNT
1 6,480 LF 36-Inch Sanitary Sewer Main (open cut) $95.00 $615,600
36-Inch Sanitary Sewer Main w/ Casing
2 500 LF (trenchless @ 1-20 & US 377) $600.00 $300,000
3 18 EA. 5-Foot Diameter Sewer Manhole $3,500.00 $63,000
5 6,480 LF Trench Safety $2.00 $12,960
8 3,580 SY Hydromulching $0.50 $1,790
9 500 LF Remove and Install Fencing $5.00 $2,500
10 6,980 LF Post-Construction TV Inspection $3.00 $20,940
Subtotal $1,016,790
10%Contingencies $101,679
GRAND TOTAL $1,118,469
EB4-1
EXHIBIT "B-5"
(SUPPLEMENT TO ATTACHMENT"B")
COST SHARING ALLOCATIONS
CITY OF FORT WORTH
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
36-INCH WALNUT CREEK INTERCEPTOR
PROJECT NO.PS58-070580176330
DOE NO.4440
PAY BID UNIT TOTAL
ITEM QUANTITY UNITS WORK DESCRIPTION PRICE AMOUNT
36-INCH WALNUT CREEK INTERCEPTOR
1 3,880 LF 36-Inch Sanitary Sewer Main(open cut $95.00 $368,600
2 0 LF 36-Inch Sanitary Sewer Main w/Casing trenchless @ 1-20&US 377 $800.00 $0
3 10 EA. 5-Foot Diameter Sewer Manhole $3,500.00 $35,000
5 3,880 LF Trench Safety $2.00 $7,760
8 2,000 SY Hydromulching $0.50 $1,000
9 250 LF Remove and Install Fenceing $5.00 $1,250
10 3,880 LF Post-Construction TV Inspection $3.00 $11,640
Subtotal $425,250
10%Contingencies $42,525
FORT WORTH CONSTRUCTION COST $467,775
FORT WORTH ENGINEERING FEES(35%OF$111,509) $39,028
FORT WORTH $506,803
CITY OF BENBROOK
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
36-INCH WALNUT CREEK INTERCEPTOR
PROJECT NO.PS58-070580176330
DOE NO.4440
PAY BID UNIT TOTAL
ITEM QUANTITY UNITS WORK DESCRIPTION PRICE AMOUNT
36-INCH WALNUT CREEK INTERCEPTOR
1 2,600 LF 36-Inch Sanitary Sewer Main(open cut $95.00 $247,000
2 500 LF 36-Inch Sanitary Sewer Main w/Casing trenchless @ 1-20&US 377 $600.00 $300,000
3 8 EA. 5-Foot Diameter Sewer Manhole $3,500.00 $28,000
5 2,600 LF Trench Safety $2.00 $5,200
8 1,580 SY Hydromulching $0.50 $790
9 250 LF Remove and Install Fenceing $5.00 $1,250
10 3,100 LF Post-Construction TV Inspection $3.00 $9,300
Subtotal $591,540
10%Contingencies $59,154
BENBROOK CONSTRUCTION COST $650,694
BENBROOK ENGINEERING FEES(65%OF$111,509) $72,481
BENBROOK $723,175
EB5-1
ATTACHMENT "C"
AMENDMENTS TO STANDARD AGREEMENT FOR
ENGINEERING SERVICES
36-INCH WALNUT CREEK INTERCEPTOR
PROJECT No. PS 58-070580176330
D.O.E. No. 4440
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CartenBurgess CITY OF FORT WORTH ATTACHMENT E
WALNUT CREEK SANITARY SEWER a aoo 1600 2400
"`" PHASE I GRAPHIC SCALE IN FEET
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/10/2004
DATE: Tuesday, August 10, 2004
LOG NAME: 30WALNUTCREEK REFERENCE NO.: **C-20200
B ECT:
Engineering Agreement with Carter & Burgess, Inc. for the 36-inch Walnut Creek Sanitary Sewer
Interceptor
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Carter & Burgess, Inc. for a fee not to exceed $111,509 to prepare plans and specifications for the 36-
inch Walnut Creek Interceptor.
DISCUSSION:
On March 11, 2004 (M&C C-19993), the City Council authorized the City Manager to execute an inter-local
agreement with the City of Benbrook for the design and construction of a 36-inch Walnut Creek Sanitary
Sewer Interceptor along Walnut Creek. The proposed interceptor will provide sanitary sewer service to
future development and promote orderly growth in an area that covers 5,815 acres of Fort Worth's
extraterritorial jurisdiction including Walsh Ranch and 491 acres in Benbrook.
The engineering services to be performed under this contract include the preparation of plans and
specifications for approximately 6,500 linear feet of 36-inch sanitary sewer main.
Carter & Burgess, Inc. proposes to perform the design work for a lump sum fee of $111,509. As specified
in the inter-local agreement, the City of Benbrook has deposited $72,481, or 65% of the fee, with the City
for its share of the design cost. Staff considers the proposed fee to be fair and reasonable for the scope of
services proposed.
In addition to the contract amount, $5,000 is required for project management by the Engineering
Department.
Carter & Burgess, Inc. is in compliance with the City's M/WBE Ordinance by committing to 38% M/WBE
participation. The City's goal on this project is 20%.
The project is located in COUNCIL DISTRICT 3, Mapsco 87C, D, F and G.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Sewer Capital Project Fund.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/11/2004
Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
PS58 531200 070580176330 $111,509.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker(6157)
http://www.cfwnet.org/council_packet/Reports/mc_pfint.asp 8/11/2004
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/10/2004
DATE: Tuesday, August 10, 2004
LOG NAME: 30WALNUTCREEK REFERENCE NO.: **C-20200
SUBJECT:
Engineering Agreement with Carter & Burgess, Inc. for the 36-inch Walnut Creek Sanitary Sewer
Interceptor
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Carter & Burgess, Inc. for a fee not to exceed $111,509 to prepare plans and specifications for the 36-
inch Walnut Creek Interceptor.
DISCUSSION:
On March 11, 2004 (M&C C-19993), the City Council authorized the City Manager to execute an inter-local
agreement with the City of Benbrook for the design and construction of a 36-inch Walnut Creek Sanitary
Sewer Interceptor along Walnut Creek. The proposed interceptor will provide sanitary sewer service to
future development and promote orderly growth in an area that covers 5,815 acres of Fort Worth's
extraterritorial jurisdiction including Walsh Ranch and 491 acres in Benbrook.
The engineering services to be performed under this contract include the preparation of plans and
specifications for approximately 6,500 linear feet of 36-inch sanitary sewer main.
Carter & Burgess, Inc. proposes to perform the design work for a lump sum fee of $111,509. As specified
in the inter-local agreement, the City of Benbrook has deposited $72,481, or 65% of the fee, with the City
for its share of the design cost. Staff considers the proposed fee to be fair and reasonable for the scope of
services proposed.
In addition to the contract amount, $5,000 is required for project management by the Engineering
Department.
Carter & Burgess, Inc. is in compliance with the City's MJWBE Ordinance by committing to 38% M/WBE
participation. The City's goal on this project is 20%.
The project is located in COUNCIL DISTRICT 3, Mapsco 87C, D, F and G.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Sewer Capital Project Fund.
Logname: 30WALNUTCREEK Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
PS58 531200 070580176330 $111.509.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
Logname: 30WALNUTCREEK Page 2 of 2