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Contract 33119
CITY SECRETARY!R P) P CITY OF FORT WORTH, TEXAS CONTRACT NO. STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Carter& Burgess, Inc., (the "ENGINEER"), for a PROJECT generally described as: Eastern Hills Storm Drain Watershed Planning Study (Phase 2), City Project No. 00081. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The ENGINEER shall provide the City sufficient documentation to reasonably substantiate the invoices. (2) 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 ENGINEERING CONTRACT(REV 4/14/05) Page 1 of 15 - --• ).' VU delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. ENGINEERING CONTRACT(REV 4/14/05) Page 2 of 15 r , 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 ENGINEERING CONTRACT(REV 4/14/05) Page 3 of 15 y l l l ;r;! l: rl''R w 5? r conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality 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 _ ENGINEERING CONTRACT(REV 4/14/05) J Page 9 (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended 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 subcon- sultant 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 $2,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit, or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence ENGINEERING CONTRACT(REV 4/14/05) Page 5 of 15 A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned when said vehicle is used in the course of the PROJECT. Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims-made basis and shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the City for each year following completion of the contract. .(2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified in 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 forty-five (45) 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, ENGINEERING CONTRACT(REV 4/14/05) Page 6 of 15 7C •.! 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the State of Texas and 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. (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. 0) For all lines of coverage underwritten on a claims-made basis, other than Professional Liability, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis. (1) Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. 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. ENGINEERING CONTRACT(REV 4/14/05) Page 7 of 15 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. 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 ENGINEERING CONTRACT REV 4/14/05 Page 8 of 15 c1 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 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 Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The 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 ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. ENGINEERING CONTRACT(REV 4/14/05) �1 Page 9of15 L n 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/[nstallation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. ENGINEERING CONTRACT(REV 4/14/05) Page 10 of 15 J •'�� .:✓1i�'�i� bis 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 CITY shall own the final designs, drawings, specifications and documents. 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 ENGINEERING CONTRACT(REV 4114105) Page 11 of 15 r 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. 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 CONTRACT(REV 4/14/05) Page 12 of 15 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 $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 CONTRACT(REV 4/14/05) Page 13 of 15 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. 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—Changes and Amendments to Standard Engineering Agreement Attachment D— Project Schedule Bar Graph Attachment E— Location Maps � Executed this the;eday of , 20 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) ENGINEERING CONTRACT(REV 4/14/05) dry ^yr R Page 14 of 15 ATTEST: CITY OF FORT WORTH 1114,0/vJAJ- By:_Y Marty Hendrix 4ssiant C anager City Secretary APPROVED AS TO FORM APPROVAL RECOMMENDED: AND LEGALI I T sista ity Attorney Robert Goode Director, Transportation/Public Works ATTEST: ENGINEER --�4-"�', By: Steven C. Veal, P.E. Principal, Vice President C - Contract Authorizatiou Date ENGINEERING CONTRACT(REV 4/14/05) Page 15 of 15 vJ6` 151L..1: ATTACHMENT "A" EASTERN HILLS STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2) Scope of Work for Detailed Investigations I. STUDY AREA The study area is limited to the storm drain trunk lines and channels as delineated on the Location Maps in Attachment E. Any inlets and laterals adjacent to these trunk lines will be mapped and studied only as necessary to aide in trunk line mapping and to determine flow routing in a surcharged system. II. STUDY PURPOSE Recent and historical data indicates that numerous older storm drain systems in Fort Worth are significantly undersized, causing widespread flooding in many neighborhoods. Furthermore, the storm drain systems have not been systematically inspected in over twenty years, if ever. The primary purposes of this study are to: A. Develop a consensus methodology for all individual tasks to guide these studies and lay a framework for future additional studies citywide. B. Conduct a physical inventory of the storm drain trunk lines and related appurtenances in the study area. C. Assess the physical condition of the storm drain trunk lines in the study area and to identify areas of structural deficiency. D. Perform hydrologic modeling of the watershed to determine runoff generated at key design points during the design storms (minimum one-percent and twenty- percent events). E. Perform hydraulic modeling of the storm drain trunk lines in the study area using SWMM 5 to document system capacity, amount of surcharge, and (to the extent practical) overland flow of runoff during design storms. Calibrate models with available historic flooding information obtained in Phase 1. F. Evaluate alternatives for improvements, including phasing, levels of protection provided, detention, flood-prone property acquisition, conceptual alignments for relief storm drains, and estimated project costs. Develop a recommended improvement plan for watershed improvements. III. INVENTORY A. Surveys and Mapping 1. Conduct field surveys and review of available construction plans as required to map all existing pipes and structures in the study area in accordance with the criteria identified in Exhibit "A-1A." GIS mapping shall be provided for the major trunk lines and adjacent appurtenances for those attributes which are readily collectible, essential for the hydraulic model, and/or reflective of the condition assessment. Generally, all pipe, manhole, outfall, and feature data will be collected along the trunks, but inlet data will only be collected where deemed by each consultant essential to development of the models. 2. Obtain topographic survey as required, when combined with available LIDAR topography, digital aerial photography, and other available resources, to determine depths of ponding and routing of overland flows. 3. Conduct field surveys for outfall channels as required to determine down- stream tailwater effects on the storm drain system. [If applicable] Conduct field surveys on any open channel reaches within the study area to obtain channel cross sections, structural configurations, and to perform hydraulic routing of design runoff. B. Physical Assessment Conduct a visual walk-through and/or internal television inspection of the trunk storm drains in the study area. Map all encountered features as described in Exhibit "A-1 A." Document all unusual conditions found, including structural problems, permanent or temporary obstructions, protrusions, holes, and other notable conditions. Assess the severity of each defect, approximate stationing, estimated blockage area, potential for void outside of pipe, and related hazardous conditions. If a defect is found with imminent threat of collapse, City staff shall be notified immediately. If serious conditions or maintenance needs (e.g., lodged tree limbs, holes with minor voids, etc.) are found, City staff shall be notified in a brief status report within a week. For any scheduled walk-through inspections, consultant shall provide personal protective equipment to allow for up to two City staff members to accompany the inspection. C. Deliverables 1. Incorporate the findings above into a basin-wide ArcGIS Version 8 GIS database geo-referenced to the NAD 1983 State Plane Texas North Central Coordinate System and North American Vertical Datum of 1988, using standard GIS database tables provided by City and other information described in Exhibit "1-A1." Deliverables shall include electronic and printed copies of the GIS maps and database of storm drain system. 2 2. Prepare a report (electronic and printed) summarizing study methodology and findings. Also, identify any structural deficiencies or related problems found, with assessment of severity and priority for rehabilitation. Provide copies of tapes and logs for television inspection, and copies of logs and photographs of walk-through inspections. IV. MODELING A. Prepare an existing conditions model of the existing storm drain system using SWMM 5 with an acceptable methodology. Open channel reaches shall be modeled using SWMM 5 or HEC-RAS as appropriate. Model ponding depths and overland flow quantities and routes using data obtained in §III.A.2 above. B. Perform a historical high water mark simulation/validation with the hydraulic models using available historical rainfall and flood observation data. C. Execute the calibrated model to develop flood flows, storm drain capacities, ponding depths, and overland flow elevations for the 2-year, 5-year, 10-year, 25r year, 50-year and 100-year events. [City may consider 5-year and 100-year only if it makes a significant difference in level-of-effort involved.] D. Map all identified flood-prone areas and, to the extent practical, identify which or how many structures may be subject to inundation. E. Deliverables shall include electronic versions of the models, as well as summary presentation exhibits to be determined based on the modeling results. Also included will be a report summarizing study methodology and results. V. IMPROVEMENT PLAN A. Following completion of existing conditions analysis, coordinate with City staff to assist in the development of potential alternative solutions. Formulate a series of conceptual alternative solutions to address structural and/or flooding problems, including storm drain improvements, channel improvements, detention, etc. Alternative flooding solutions shall be designed for a 100-year level of protection, as well as for lower levels of protection as may be appropriate based on modeled conditions. Alternative solutions shall also consider interim or phased implementation and the viability of improving upstream deficiencies prior to downstream deficiencies as conditions warrant. B. Prepare proposed conditions computer models for each alternative solution, including any interim and/or multi-phased solutions. C. Develop a cost-effective analysis for each alternative based on estima;Qs-of.. approximate flood damage benefits and probable project (design and , 3 Cvy� construction) costs, with consideration given to easement and right-of-way acquisition and utility relocation requirements. D. Deliverables shall include a report summarizing methodology for developing of the improvement plan, together with a summary of alternatives investigated and recommended improvement plan. Improvement plan shall include proposed prioritization, phasing and a summary of project costs. Electronic deliverables shall include final report, alternatives models, and GIS mapping of recommended improvement plan showing preliminary alignment and sizing. VI. OTHER SERVICES A. Meetings 1. Watershed Planning Study Group meetings: six meetings over the course of the project (likely two each for inventory, modeling and improvement plan). Their purpose is for decisions regarding changes or clarifications to study methodology, to discuss and coordinate field issues, modeling issues or other issues,affecting multiple studies which may arise. 2. Individual meetings with City staff: six meetings over course of project, including kickoff meeting, one meeting each to discuss findings after mapping, inspection, and modeling phases, and two meetings during development of improvement plan. 3.- Stakeholder meetings: four meetings over course of project with City staff to present and discuss goals and findings with City Council and/or public stakeholders. B. Presentation Materials In addition to report deliverables, additional presentation materials may be needed from time to time for communications to City Council and the general public. These materials may include presentation maps, color handouts, PDF files for City's web page, PowerPoint® presentations, and the like. C. Additional Services Due to the uniqueness of this study, additional services may be required as the study progresses. These services shall be agreed upon by both City and Consultant and shall be authorized only by written approval by the City. [Allow 10% of total budget for additional services; this amount may be reduced during contract negotiation due to budgetary constraints.] 4 Q �� i, r Eastern Hills t « Watershed Study '� J itI b\ .' v � '.�` � c �iY i ui- I rvasc rFv'avE Fc PBeo FORT WORTH k _F L mi o = L Legend { ( /_ �/. . ..I -.. •, p... r ",_� Storm Water System Features `L` 0'. _��. TF Drainage Pr nagenelemarea - F I Prop-1 Dne nage Syalem i s k �� �� I� ons�n D.II system V OAK HILL HU e 1\ 'I --. _ T p — Otls to Dra nage System ©y�L_i A, izIs1_ L� ouaRo sT . - malar ore cage Da�aa r �--ry o g o ewe oiro - g A— Oftle Ran—age area /� a 1j, Contour P Pard V� .tib ♦ I � �I V� 6 - Basin Areas Basin A r.l 1tT8 � FCA oru Dn _- eaame 46"Ae L Dp 15 sin t T i - I ,� o saem c �'p I N—� /�cres_ cti Inspeons a. '4' ALINE�CT r / '/ .o `- mFKIJERS ApE �' o.esaur«e l I ^ m o a o Al 0 120,240, 480 Feet m 1 0 _ / v L �t �.I_r' ":`lr 1� s � �� q { Y I e,� � • AtP�C�1F�..�'`I I�p(7r .t I �K �f y ay EXHIBIT "A-1" EASTERN HILLS STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2) CITY PROJECT NO. 00081 GIS Collection Data for Watershed Planning Studies Pipes (Lines) Condition2 Identifier(to be determined) Comments2 Plan File Number Features (Points) Pipe Size Identifier(to be determined) Pipe Shape Type Cross-Sectional Area • Junctions Pipe Material • Vertical Bend Construction Date • Horizontal Bend Upstream XY • Point of Curvature Upstream Flowline Elevation • Point of Tangency Downstream XY • Change of Size Downstream Flowline Elevation • Obstruction Upstream Plan Flowline Elevation • Protrusion Downstream Plan Flowline Elevation • Other: Upstream Connection Plan Station/Location Downstream Connection Plan Elevation Length Estimated XYZ Slope Obstruction/Protrusion Type Radius Estimated Blockage Area Condition Condition Comments Comments Structures (Points) Notes: Identifier(to be determined) 'Orientation = compass bearing Structure Type 21nformation collected for inlets at this • Manhole time • Inlet • Outfall Size/Shape/L ength2 Materia/2 Construction Date2 Measured XY2 Measured Flowline Elevation Plan Flowline Elevation Top of Rim/Curb2 Address/Location2 Inlet Type2 Inlet or Incoming Pipe Orientation Outgoing Line/Stream Orientation' ATTACHMENT "B" EASTERN HILLS STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2) CITY PROJECT NO. 00081 COMPENSATION AND PAYMENT SCHEDULE I. The Engineer shall be compensated a total lump sum fee of $107,500.00, including $105,350.00 in Basic Services and $2,150.00 in Additional Services. Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" for all labor, materials, supplies and equipment necessary to complete the project. II. The Engineer shall be paid in accordance with "Exhibit B-1", Supplement to Attachment "B". Each invoice from the Engineer shall be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. III. Additional Services as outlined in Task VI.0 of Attachment "A", Scope of Work, shall be billed and paid on an hourly basis for actual hours worked at an hourly billing rate as provided in Exhibit "B-2". No Additional Services will be billed without prior written authorization from the City. IV. Total project fees including MWBE participation is provided in Exhibit "B-3A." V. Professional Services Fee summary is provided in Exhibit "B-3B." EXHIBIT "13-1" (SUPPLEMENT TO ATTACHMENT B) EASTERN HILLS STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2) CITY PROJECT NO. 00081 METHOD OF PAYMENT AND PROGRESS REPORT REQUIREMENTS I. Method of Payment Partial Payment shall be made to the Engineer monthly upon City's approval of an invoice from the Engineer outlining the current labor and expenses of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Until satisfactory completion of Attachment "A", Task III, submittal and approval by the City, a sum not to exceed 32.1 percent of the total Basic Services fee. Until satisfactory completion of Attachment "A", Task IV, submittal and approval by the City, a sum not to exceed 62.7 percent of the total Basic Services fee. Until satisfactory completion of Attachment "A", Task V, submittal and approval by the City, a sum not to exceed 95 percent of the total Basic Services fee. The balance of fees, less previous payments, shall be payable after the delivery of FINAL report and electronic files. Additional Services as outlined in Task VI.0 of Attachment "A", Scope of Work, shall be billed and paid on an hourly basis for actual hours worked at an hourly billing rate as provided in Exhibit "B-2". No Additional Services will be billed without prior written authorization from the City. II. Progress Reports A. The Engineer shall submit to the designated representative of the Director of the Transportation and Public Works Department monthly progress reports covering all phases of the project in the format required by the City. B. Periodic reports concerning MWBE participation shall be submitted as required by the MWBE Office. EXHIBIT "B-2" (SUPPLEMENT TO ATTACHMENT B) EASTERN HILLS STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2) CITY PROJECT NO. 00081 HOURLY RATE SCHEDULES For the Additional Services as described in Attachment "A" Task 6C, the employees of the Engineer and their total hourly charge shall be as follows: Employee Classification Hourly Rate Principal $180.00 Project Manager $130.00 Senior Engineer $121.00 Project Engineer $100.00 GIS Technician $85.00 CADD Technician $60.00 Survey Crew Chief $82.50 Survey Crew (per man) $55.00 Clerical $45.00 EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT B) EASTERN HILLS STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2) CITY PROJECT NO. 00081 SUMMARY OF TOTAL PROJECT FEES Consulting Firm Prime Responsibility Amount Percent Prime Consultant: Carter & Burgess, Inc. Project Mgmt., Engineering, GIS $73,340.00 69.62% M/WBE Consultant: ANA Consultants, LLC Survey, Engineering, Utility/ROW $20,220.00 19.19% Engineering Solutions and Technology, Inc. TV Inspection $11,790.00 11.19% Non-MIWBE Consultant: None 0.00% Total for Professional Services $105,350.00 100.00% Project Description Scope of Services Total Fee MIWBE Fee Percent Engineering Services Model / Plan development $86,180.00 $12,840.00 14.90% Survey Survey storm drain /channel $7,380.00 $7,380.00 100.00% TV Inspection Inspect storm drain $11,790.00 $11,790.00 100.00% ANA Consultants, LLC., shall participate in performing the following Tasks as outlined in Attachment "A": 3.A.1; 3.A.2; 3.A.3; 3.13; 4.A; 4.13; 5.A; 5.13; 5.C; 5.D; 6.A.1; 6.A.2; and 6.A.3. Engineering Solutions and Technology, Inc., shall participate in performing the following Tasks as outlined in Attachment "A": 3.B. J i I _ .. a � EXHIBIT "13-313" (SUPPLEMENT TO ATTACHMENT B) EASTERN HILLS STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2) CITY PROJECT NO. 00081 PROFESSIONAL SERVICES FEE SUMMARY Service Description Task III A Task III B Task IV Task V Total Task Code* 14 15 16 30 En ineerin Services $430.00 $10,736.00 $29,652.00 $35,807.00 $ 76,625.00 Surveying (Task Code 51**) $8,195.00** $0.00'"' $ 8,195.00 Televised Inspection $11,790.00 $ 11,790.00 Task VI A & B Work $907.00 $1,730.00 $2,639.00 $3,464.00 $ 8,740.00 Basic Services Lump Sum $9,532.00 $24,256.00 $32,291.00 $39,271.00 $ 105,350.00 Additional Services (Task $194.53 $495.02 $659.00 $801.45 $2,150.00 VI.C)'"` Project Total $9,726.53 $24,751.02 $32,950.00 $40,072.45 1 $ 107,500.00 Notes: Invoices shall identify each task code for City funding purposes. ** All survey work shall be identified by Task Code 51 regardless of work phase. *** Additional Services may be accrued at any time as authorized by City. ATTACHMENT "C" EASTERN HILLS STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2) CITY PROJECT NO. 00081 Changes and Amendments to Standard Agreement and Attachment A Amendments to Standard Agreement for Engineering Services: There are no amendments to the Standard Agreement for Engineering Services. Amendments to the Standard Attachment A: Section II.E. —Change "Calibrate" to "Validate". Section III.A.3. — Insert "through the Meadowbrook Golf Course" between "outfall channels" and "as required"., consisting of approximately 4 channel cross sections. Section III.A.3. — Delete "[if applicable]". Section III.A.3. — Delete "on any open channel reaches within the study area" and add "approximately 4" in front of "channel cross sections". Section III.C.2 — Replace "printed" with "5 printed copies". Section IV.C. — Change "calibrated" to "validated". Section IV.E. — Insert "5 copies of in front of "a report". Section V.D. — Insert "5 copies of" in front of "a report". ATTACHMENT"D" EASTERN HILLS STORM DRAIN WATERSHED PLANNING STUDY(PHASE 2) CITY PROJECT NO.00081 Table of Target Dates PROJECT SCHEDULE (Fill in only for Assigned Tasks,Mark Others as�N/A ff) Activity Task Task Description Start Date End Date Number Number Month/Day/Year Month/Day/Year 1 3.A Surveys and Mapping 12/1/2005 4/1/2006 2 3.B Physical Assessment 4/2/2006 7/1/2006 3 4.A Modeling-Existing Conditions Model 6/1/2006 7/15/2006 4 4.B Modeling-Historical High Water Mark Validation 7/16/2006 8/1/2006 5 4.0 Modeling-Develop Frequency Flows 8/2/2006 9/1/2006 6 4.1) Modeling-Map Flood Prone Areas 9/2/2006 10/1/2006 7 5.A Improvement Plan-Develop Alternative Solutions 10/1/2006 11/1/2006 8 5.8 Improvement Plan-Proposed Conditions Models 11/2/2006 12/1/2006 9 5.0 Improvement Plan-Cost Analysis 12/2/2006 12/15/2006 10 5.1) Improvement Plan-Develop Implementation Plan 12/16/2006 1/1/2007 11 12 Ir .li 7S •..:n:nU S;I r1n Page 1 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/10/2006 DATE: Tuesday, January 10, 2006 LOG NAME: 20EASTERN/HILLS REFERENCE NO.: **C-21237 SUBJECT: Authorize Execution of Engineering Agreement with Carter & Burgess, Inc., for the Eastern Hills Storm Drain Watershed Planning Study, Phase 2 (City Project No. 00081) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Carter & Burgess, Inc., in the amount of $107,500.00 for the Eastern Hills Storm Drain Watershed Planning Study,, Phase 2. DISCUSSION: The 2004 Capital Improvement Program (CIP) includes $1,300,000.00 for Watershed Planning Studies. These studies are designed to provide a detailed assessment of the condition and capacity of several older storm drain systems and to develop an improvement plan for each. Carter & Burgess, Inc., recently completed Phase 1 of this study, which consisted of background work for a grant application and development of a detailed scope for the Phase 2 study. This phase includes detailed mapping and inspection of the major trunk lines within this storm drain system, hydraulic modeling, and development of a detailed improvement plan to be implemented as funding becomes available. Carter & Burgess, Inc., proposes to perform the study for a lump sum fee of $107,500.00. City staff considers this fee to be fair and reasonable for the scope of services proposed. Carter & Burgess, Inc., is in compliance with the City's M/WBE Ordinance by committing to 30% M/WBE participation. This project is located in COUNCIL DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fun d/Accou nt/C enters C200 531200 204280008114 $1,531.53 C200 531200 204280008115 $24,751.02 C200 531200 204280008116 $32,950.00 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006 Page 2 of 2 C200 531200 204280008130 $40,072.45 C200 531200 204280008151 $8,195.00 Submitted for City Manager's Office b Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: George Behmanesh (7914) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006