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HomeMy WebLinkAboutContract 32301 REO Y� CITY OF FORT WORTH, TEXASError! Bookmark not defined. STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Teague Nall and Perkins, Inc., (the "ENGINEER"), for a PROJECT generally described as:2 A CIP Stream WF-4 Lebow Channel Hydrologic and Hydraulic Analysis (City Project No. 00084) 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 delays or damages caused the CITY because of such suspension of services. ENGINEERING CONTRACT(REV 6128105) Page 1 of 15 ' RIGINAL ULLVe Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site ENGINEERING CONTRACT(REV 6/28/05) Page 2 of 15 (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; ENGINEERING CONTRACT(REV 6/28/05) Page 3 of 15 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 (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 ENGINEERING CONTRACT(REV 6/28105) Page 4 of 15 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 A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned when said vehicle is used ENGINEERING CONTRACT(REV 6/28/05) Page 5 of 15 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, 1000 Throckmorton, Fort Worth, Texas 76102. ENGINEERING CONTRACT(REV 6/28/05) Page 6 of 15 (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 6/28105) JN• �•Io rC�i ' Page 7 of 15 V 11 �`>•U:15 IL-1 U•: •ii.T.�h 'off � ��.G1a 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. ENGINEERING CONTRACT(REV 6/28/05) Page 8 of 15 B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services and will provide labor and safety equipment as required by the ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment 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 6/28/05) Page 9 of 15 G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. ENGINEERING CONTRACT(REV 6128105) Page 10 of 15 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 b� either t'- CITY or the ENGINEER for cause if either party fails �y,bstantially to ENGINEERING CONTRACT REV 6/28/05 Page 11 of 15 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 6/28/05) 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 6/28/05) N � �'� Page 13 of 15 � `V1 ' w'i`�'5 //�,1 (1�Y q 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 Executed this the day of , 20 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) ENGINEERING CONTRACT(REV 6/28/05) Page 14 of 15 ATTEST: CI OF FORT WO Marty Hendrix As stant City Manager City Secretary APPROVED AS TO FORM APPROVAL RECOMMENDED: AND L LITY A ist nt i Attorney ATTEST: By: t Gary J. Tqgg6e, P.E., P sident TEAGUE NALL & PERKINS, INC. ENGINEER Contract Authorization - Z13�1 Date Rm ENGINEERING CONTRACT(REV 6/28/05) Page 15 of 15 ATTACHMENT "A" SCOPE OF SERVICES ENGINEERING ANALYSIS SERVICES: Hydrologic and Hydraulic Analysis The following is a description of the tasks that the ENGINEER will perform. Work under this attachment includes engineering services for hydrologic and hydraulic analysis for the following: 2004 CIP STREAM WF-4 LEBOW CHANNEL HYDROLOGIC AND HYDRAULIC ANALYSIS PROJECT NO. 00084 Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: DETAILED HYDRN ODIC AND HYDRAULIC ANALYSIS This scope of services describes the engineering tasks that will be performed by ENGINEER on behalf of OWNER to determine the limits of the 100-year existing and fully developed floodplain within the study area, identify areas of needed improvements, and recommend alternative solutions to relieve flooding and perform calculations to determine the revised limits of flooding for recommended improvements. For the purposes of this contract, the study limits, depicted on Attachment E, shall be Tributary WF-4 (Lebow Channel) from its confluence with the West Fork of the Trinity River through the WF-4 crossing at Blue Mound Road. Task 1 — Data Acquisition, Collection and Inventory The data to be collected for this project includes existing information possessed by the OWNER in the form of studies, maps, engineering construction plans, and digital files as well as professional field survey information generated specifically for this project. A. Data Collection 1. Obtain available topographic maps, zoning maps, landuse maps, and thoroughfare plans for the area within the Lebow Channel Watershed from OWNER. This Scope assumes existing and future landuse and/or zoning maps are available from the OWNER. These maps will be used as a basis for preparing the hydrologic landuse maps. If this information is not available, then the OWNER will need to authorize Additional Services for development of this base information. 2. Obtain "As-Built" plans for channel improvements and grading and drainage construction within the Lebow watershed from OWNER. 3. Obtain digital copies of latest versions of aerial topographic and photographic data from OWNER, including NCTCOG LIDAR data. B. Field Work 1. Perform site visits to verify the watershed study limits and channel study-limits, and to identify hydraulic parameters, existing erosion problems, condition of pipe outfalls, and potential detention facility sites. EAl-1 �- 7U, .'�::iU ILq Rev 5/13/05 2. Field Surveys will be taken to obtain existing information to facilitate the hydraulic study. All roadway crossings will be detailed and channel cross-sections will be taken at regular intervals (200-500 foot spacing) to build hydraulic models of the channel. Task 2— Hydrologic Analysis This scope includes the tasks necessary to develop new hydrologic models of the Lebow Channel Watershed. Values obtained will be compared with FEMA FIS effective hydrology and a written analysis of discrepancies will be presented. A. Existing Conditions Analysis 1. Obtain current effective models from FEMA for comparison of input parameters. 2. Use NCTCOG 2001 (or latest version) LIDAR topographic maps to delineate sub-watersheds. 3. Compare delineated sub-watersheds with drainage boundaries in existing storm sewer construction plans to verify sub-watershed alignments. 4. Develop an existing condition hydrologic landuse map based on aerial photography and the City's landuse/zoning maps. 5. Using data obtained from Items A2. through A4. above, develop hydrologic models in HEC-HMS format to calculate discharges for the 2, 5, 10, 25, 50, 100 and 500-year storm events. Compare these values with FEMA current effective discharges. B. Fully Developed Conditions Analysis 1. Using OWNER supplied build-out zoning and land use-data, calculate fully developed hydrologic land use values. 2. Calculate discharges for fully developed watershed conditions for the 2, 5, 10, 25,50, and 100, and 500-year storm events as described in Task 2A above. Compare with existing conditions discharges. Task 3—Hydraulic Analysis This scope includes the tasks necessary to determine water surface elevations and limits of flooding for the return events specified in Task 2 - Hydrologic analysis. A. Existing Conditions Analysis 1. Develop a hydraulic model of the channel in HEC-RAS format using the cross- section data obtained from the field surveys described in Task 1. The City's latest LIDAR topographic data will be used to supplement the surveyed cross- sections. The hydraulic model will extend from the channel confluence with the Clear Fork of the Trinity River up to the existing detention pond just west of Blue Mound Road and will include peak discharges for existing development in the watershed as calculated in Task 2A. The limits of the existing conditions 100- year flood plain will be provided to the OWNER in digital format and mapped on a series of panels for a graphical representation of flooding adjacent to the channel. 2. Compare existing conditions water surface elevations and floodplain limits with FEMA current effective values. A written description and explanation of discrepancies will be prepared. B. Fully Developed Conditions Analysis 1. Using the peak discharges calculated in Task 2B, and the hydraulic model EA1-2 Rev 5/13/05 generated in Task 3A, determine the limits of the 100-year floodplain for fully developed watershed conditions. Compare water surface elevations from the existing conditions base model with developed conditions water surface elevations. 2. Identify areas where construction improvements are needed to minimize flooding from fully developed watershed conditions. 3. Coordinate with OWNER to identify proposed locations for detention basins. 4. Perform detention analysis at a maximum of four (4) locations to determine the effect of detention on downstream peak discharges. 5. Evaluate structural and non-structural improvement alternatives such as watershed management strategies, regional detention, buy-outs, increased capacity, diversion of flow, bridge/culvert replacement, channel armoring, or levees to alleviate existing or potential flooding and/or erosion problems identified. ENGINEER will conduct two (2) meetings with OWNER during evaluation of alternatives to select final improvement scenario. One recommended improvement scenario, comprising a combination of improvement measures at identified sites, will be selected for hydraulic modeling and 100-year fully developed floodplain delineation. 6. Provide OWNER with a written report of analysis results in both digital and hard copy format. A graphical representation of the recommended improvements scenario and the revised limits of the 100-year flood plain will be provided to the OWNER in digital format and mapped on a series of panels to denote a reduction in flood limits. Opinions of Probable Construction Cost will be provided for the recommended measures. A summary of properties to be removed from the floodplain along with those remaining within the floodplain will be provided. Task 4— Project Development This Scope includes the coordination and communication procedures to be implemented between OWNER and ENGINEER in completion of this project. A. Project Coordination 1. Conduct up to six (6) project status meetings with OWNER. Meetings shall be held at least every other month to update OWNER as to status of project and to determine hierarchy of OWNER preferences in improvement measures. 2. In coordination with OWNER, conduct two (2) public involvement meetings to supply project information, goals, and schedule to the surrounding residential community. 3. Prepare monthly updates for OWNER identifying what work was accomplished, what items are pending, and what outstanding issues need immediate attention. B. Special Services Attend planning meetings as requested by City to assist with property acquisition and other miscellaneous service related to the Lebow Channel Concept Study. Efforts under this task shall be performed at the specific request of the City and shall be reimbursed on an hourly basis. � e L' "1.UYu➢ Gla Rev 5/13/05 C. Report Prepare a written report detailing the assumptions made in the study, the results of the investigations and the opinions of probable cost for proposed improvements. The report will contain results of computer models created in support of the study in both digital and hard copy format. EAl-4 �o2i) K � Z1a Rev 5/13/05 ATTACHMENT "B" COMPENSATION AND PAYMENT SCHEDULE ENGINEERING ANALYSIS SERVICES: Hydrologic and Hydraulic Analysis 2004 CIP STREAM WF-4 LEBOW CHANNEL HYDROLOGIC AND HYDRAULIC ANALYSIS PROJECT NO. 00084 1. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $223,900 as summarized in Exhibits "13-3A" and "13-313". 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 with the exception of Task 4 B — Special Services. B. Task 413 — Special Services shall be performed, billed and paid on an hourly basis at the specific request of City Staff up to a maximum fee of$20,000. C. The Engineer shall be paid monthly as described in Exhibit "13-1", Section I — Method of Payment. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. 2. Schedule A DRAFT report shall be submitted to the OWNER within 235 working days after the "Notice to Proceed" letter is issued. A FINAL report shall be issued within 20 working days after receipt of OWNER's comment regarding the DRAFT report. B-1 EXHIBIT "B-1" (SUPPLEMENT TO ATTACHMENT B) METHOD OF PAYMENT ENGINEERING ANALYSIS SERVICES: Hydrologic and Hydraulic Analysis 2004 CIP STREAM WF4 LEBOW CHANNEL HYDROLOGIC AND HYDRAULIC ANALYSIS PROJECT NO. 00084 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 estimated current percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Until satisfactory completion of Attachment "A", Task 2 Hydrologic Analysis submittal and approval by the City, a sum not to exceed 30 percent of the total lump sum fee. Until satisfactory completion of Attachment "A", Task 3 Hydraulic Analysis submittal and approval by the City, a sum not to exceed 60 percent of the total lump sum fee. Until delivery of Attachment "A", Task 413 DRAFT Report, a sum not to exceed 90 percent of the total lump sum fee. The balance of fees, less previous payments, shall be payable after delivery of the FINAL Report. Special Services as outlined in Attachment "A" Task 4B shall be billed and paid on an hourly basis for actual hours worked. II. Progress Reports A. The Engineer shall submit to the designated representative of the Director of the Department of Transportation/Public Works monthly progress reports covering all phases of the analysis in the format required by the City. 131-1 EXHIBIT "B-2" HOURLY AND REIMBURSABLE RATE SCHEDULE Engineering Analysis Services for Hydrologic and Hydraulic Analysis LEBOW CHANNEL HYDROLOGIC AND HYDRAULIC ANALYSIS PROJECT NO.00084 Engineering /Technical From To Principal $120 - $205 Per Hour Project Manager $100 - $145 Per Hour IT Manager $100 - $110 Per Hour Senior Engineer $90 - $145 Per Hour Engineer $80 - $110 Per Hour Graduate Engineer $65 - $95 Per Hour Landscape Architect/ Planner $85 - $100 Per Hour Designer $70 - $95 Per Hour Senior Designer $90 - $120 Per Hour CAD Draftsman $35 - $60 Per Hour CAD Technician $50 - $75 Per Hour Senior CAD Technician $70 - $90 Per Hour IT Technician $60 - $75 Per Hour Clerical $45 - $65 Per Hour Resident Project Representative $70 - $90 Per Hour Surveying Survey Office Manager $120 - $130 R.P.L.S. $95 - $120 Senior Survey Technician $70 - $85 Junior Survey Technician $50 - $70 2-Person Field Crew w/Equipment $90 3-Person Field Crew w/Equipment $105 4-Person Field Crew w/Equipment $130 1-Person G.P.S. Crew w/Equipment $110 2-Person G.P.S. Crew w/Equipment $130 3-Person G.P.S. Crew w/Equipment $150 1-Person Robotic Crew w/Equipment $90 2-Person Robotic Crew w/Equipment $110 3-Person Robotic Crew w/Equipment $125 Direct Cost Reimbursables Photocopies $0.10/page letter and legal size bond paper, B&W $0.20/page 11"x 17" size bond paper, B&W $2.00/page 22"x 34" and larger bond paper or vellum, B&W Plots $1.00/page 11"x 17" size bond paper, B&W $2.00/page 11" x 17" size bond paper, color $2.00/page 22"x34"and larger bond paper or vellum, B&W $4.00/page 22"x34" and larger bond paper or vellum, color $4.00/page 22"x34"and larger mylar or acetate, B&W Mileage $0.40/mile All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above. " Rates shown are for calendar year 2005 and are subject to change in subsequent years. B2-1 EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES ENGINEERING ANALYSIS SERVICES: Hydrologic and Hydraulic Analysis 2004 CIP STREAM WF-4 LEBOW CHANNEL HYDROLOGIC AND HYDRAULIC ANALYSIS PROJECT NO. 00084 Consulting Firm Prime Responsibility Amount Percent Prime Consultant: Teague Nall and Perkins, Inc. Engineering, Surveying, Proj. Mgmt. $163,150 72.9% M/WBE Consultant: Palmer Prices Inc. Engineering Services $60,750 27.1% Total for Professional Services $223,900 100% Project Description Scope of Services Total Fee M/WBE Fee Percent Engineering Services (see below) $223,900 $60,750 27.1% Palmer Price shall participate in performing the following Tasks as outlined in Attachment "A" 2.A.4; 2.A.5; 2.13.2; 3.A.1; and 3.13.5. B3A-1 EXHIBIT "13-36" (SUPPLEMENT TO ATTACHMENT B) PROFESSIONAL SERVICES FEE SUMMARY ENGINEERING ANALYSIS SERVICES: Hydrologic and Hydraulic Analysis 2004 CIP STREAM WF-4 LEBOW CHANNEL HYDROLOGIC AND HYDRAULIC ANALYSIS PROJECT NO. 00084 SUMMARY OF TOTAL FEE AND BREAKDOWN OF ANALYSIS FEE (LESS SURVEY FEE) A. SUMMARY OF TOTAL FEE Service Description Hydrology Hydraulics Report Project Total coordination Engineering $39,690 $79,660 $47,050 $13,200 $179,600 Services Surveying Services $0 $0 $0 $0 $44,300 Study Total $39,690 $79,660 $47,050 $13,200 $223,900 Special Services $20,000 (hourly as needed Project Total $243,900 B3B-1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO ATTACHMENT A ENGINEERING ANALYSIS SERVICES: Hydrologic and Hydraulic Analysis 2004 CIP STREAM WF-4 LEBOW CHANNEL HYDROLOGIC AND HYDRAULIC ANALYSIS PROJECT NO. 00084 NONE C-1 CITY OF FORT WORTH- 2004 CIP ATTACHMENT D Teague Nall and Perkins,Inc. Stream WF-4 Lebow Channel Hydrologic and Hydraulic Analysis Project Schedule(Working Days) (City Project No.00084) __ 2006 Task Name _ ID Duration Start Finish Jul Au— Se pct Nov Dec Jan Feb - -- may Jun Jul 1 ENGINEERING 255 days? Tue 7/5/05 Mon 6/26/06 7/5 2 Notice to Proceed 1 day Tue 7/5105 Tue 715105 7/5 3 Kick-off Meeting 1 day Tue 7/5/05 Tue 7/5105 715 4 Study Surveys 45 days Mon 7111/05 Fri 919/05!' 5 Data Collection(from City) 15 days Tue 715/05 Mon 7/25105 71 6 Data Collection(from FEMA) 90 days Tue 715105 Mon 1117/05 7 Hydrologic Analysis 30 days Tue 9/27/05 Mon 11/7/05 8 Existing Conditions Hydraulics 45 days Tue 1118/05 Mon 1/9/06 9 Developed Conditions Hydraulics 45 days Tue 11/8105 Mon 1/9/06 10 Develop Improvements Scenarios 25 days Tue 1/10106 Mon 2/13/06 11 City Review 10 days Tue 2/14106 Mon 2127/06 12 Final Models 25 days Tue 2126106 Mon 4/3/06 13 Cost Estimates 20 days Tue 414106 Mon 5/1106 14 Draft Report 20 days Tue 414106 Mon 511/06 ♦41¢, 15 City Review 20 days Tue 5/2106 Mon 5/29106 16 Final Report 20 days Tue 5/30106 Mon 6126/06 ® 5130 D-1 ATTACHMENT D-1 PROJECT SCHEDULE -PROJECTED/ACTUAL PROJECT DATES 2004 CIP STREAM WF-4 LEBOW CHANNEL HYDROLOGIC AND HYDRAULIC ANALYSIS(City Project No. 00084) Schedule(Working Days) City of Fort Worth DOE: Water Project No. PROJECTED ACTUAL Eik Name IDurationj Start I Finish Durationi Start I Finish 1 Notice-to-Proceed 1 ay Tue 07/05/05 Tue 07/05/05 2 Kick-off Meeting 1 da Tue 07/05/05 Tue 07/05/05 3 Study Surveys 45 days Mon 07/11/05 Fri 09/09/05 4 Data Collection (from Cit 15 days Tue 07/05/05 Mon 07/25/05 5 Data Collection from FEMA 90 days. Tue 07/05/05 Mon 11/07/05 6 Hydrologic Anal sis 30 days Tue 09/27/05 Mon 11107/05 7 Existing Conditions Hydraulics 45 days Tue 11/08/05 Mon 01/09/06 8 Developed Conditions Hydraulics 45 days Tue 11/08/05 Mon 01/09/06 9 Develop Improvement Scenarios 25 days Tue 01/10/06 Mon 02/13/06 10 1 City Review 10 davs- Tue 02/14/06 Mon 02/27/06 11 Final Models 25 daysl daysTue 02/28/06 Mon 04/03/06 12 Cost Estimates 20 days Tue 04/04/06 Mon 05/01/06 13 Draft Report 20 days Tue 04/04/06 Mon 05/01/06 14 City Review 20 days Tue 05/02/06 Mon 05/29/06 15 Final Report 20 days Tue 05/30/06 Mon 06/26/06 D7-1 LEBOW CHANNEL WATER SHED STUDY BOUNDARY QST GRAPWC SME IIwr-*4KJI.m BLVV OK.TRR m RIMER .A . TpR•NAl ROAD FEMA EFFECTIVE REGULATORY FLOODWAY oam NA MA FEMA EFFECTIVE K 100—YR LONG�V l FLOODPLAIN ve1A Glai,- 71ST N p� LEBOW CHANNEL (� WATER SHED �OTN STUDY BOUNDARY Dewy 9 3 "m 10RAINE NE 2DTH ST �nm� oNlo ' � 1 T1i1NOTY ATTACHMENT E YEAR TWO 2004 G I P _/] >► ,�,� FoRT WoRTH STREAM WF-4 (LESUW CHANNEL) / ��•��• � HYDROLOGIC AND HYDRAULIC ANALYSIS ` CITY OF FORT WORTH, TEXAS R•f ww R.RR: MAY Ib,2005 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/30/2005 DATE: Tuesday, August 30, 2005 LOG NAME: 20LEBOW/CH/HYDR REFERENCE NO.: **C-20925 SUBJECT: Authorize Execution of Engineering Agreement with Teague Nall and Perkins, Inc., for Lebow Channel Hydrologic and Hydraulic Analysis (City Project No. 00084) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Teague Nall and Perkins, Inc., in the amount of $243,900.00 for the Lebow Channel Hydrologic and Hydraulic Analysis. DISCUSSION: The 2004 Capital Improvement Program (CIP) includes $2,500,000.00 for Lebow Channel Watershed Improvements. These funds will provide for the first phase of a long-term improvement program to address public safety and flooding issues in this watershed. A conceptual study of the watershed completed earlier this year identified proposed improvements. Such improvements include storm water detention facilities in the upper watershed, elimination of hydraulic bottlenecks, acquisition of flood prone property and development of linear natural corridors along the channel in the lower watershed. The project will analyze existing flooding conditions in the watershed, evaluate specific alternatives to relieve flooding and develop preliminary engineering designs with cost estimates for recommended alternatives. Teague Nall and Perkins, Inc., proposes to perform the necessary assessments and analyses for a lump sum fee of $243,900.00. City staff considers this fee to be fair and reasonable for the scope of services proposed. Teague Nall and Perkins, Inc., is in compliance with the City's M/WBE Ordinance by committing to 25% M/WBE participation. The City's goal on the project is 25%. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon the approval of the above recommendation, funds will be available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C200 531200 202280008416 $199,600.00 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/30/2005 Page 2 of 2 C200 531200 202280008451 $44,300.00 Submitted for City Manager's Office by 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 8/30/2005 ►� � || $ � O . ` ■LUE MOUND RD' VEcTUR*VE { / \ 2 ¥ r \ \ ) } / ®;r ; °°°)» §q( �`§ mrla � I Z> num m k° }E{ \(ƒ > m (§2 } \ \�\ | , m 7� § . & .