Loading...
HomeMy WebLinkAboutContract 37698CITY OF FORT WORTH, TEXAS CiT`r SECRETARY02, STANDARD AGREEMENT FOR ENGINEERING SERVICES CONTRACT NO This AGREEMENT is between the City of Fort Worth (the "CITY"), and Carter & Burgess, Inc., (the "ENGINEER"), for a PROJECT generally described as: City of Fort Worth Storm Water Management System Data Collection, Inventory and Mapping — Year One Article I Scope %J 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. Page Do RD EN g INF51�GREEMENT (REV 10/06/05) CITY SEi��" oAR FT. WORTH, TX ORIGINAL 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. STANDARD ENGINEERING AGREEMENT (REV 10106/05) Page 2 of 15 E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on -site observation(s), on the basis of such on -site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 3 of 15 t 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. i-i. Record urawings 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/VVBE) 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 4 of 15 J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended 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 certificates) 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) 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 $110001000 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) 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 in writing. (j) 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. (I) 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) 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 Willi 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 ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. STANDARD ENGINEERING AGREEMENT (REV 10/06l05) 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, reIease 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) 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. 1. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does or requested assistance to assist in litigation undertake STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 10 of 15 not include costs of the ENGINEER support, prepare, document, bring, or defended by the CITY. In the for required defend, or 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 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 11 of 15 (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 Is 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). G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 12 of 15 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 attorneys fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.13.7 VI.D., VI.H., VI.I., and VI.J. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 13 of 15 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 during the term of this AGREEMENT 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. STANDARD ENGINEERING AGREEMENT (REV 10/O6/05) Page 14 of 15 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments AGREEMENT, supersedes all prior written or oral by a written amendment executed by both parties. are hereby made a part of this AGREEMENT: and schedules, constitutes the entire understandings, and may only be changed The following attachments and schedules Attachment A -Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed this the 23 day of Se tember , 2008. ATTEST: Marty Hendrix City Secretary r6htr&Ct. Authorization a _.o� ...... APPRO AS Assistant Cj At ATTEST: ND LEGALITY STANDARD ENGINEERING AGREEMENT (REV 10/06/05) CITY OF FORT WORTH By: Fernando Costa Assistant City Manager OVAL RECOMMENDED G Carter & Burgess. Inc. ENGINEER NAME: Anthony Kimmey, P.E. TITLE: North Texas Operations Manager 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 —General Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed this the ATTEST: Marty Hendrix City Secretary APPROVED AS TO FORM AND LEGALITY Assistant City Attorney ATTEST: STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 15 of 15 By: CITY OF FORT WORTH Fernando Costa Assistant City Manager APPROVAL RECOMMENDED A. Douglas Rademaker, P.E. Director, Engineering Department CARTER &BURGESS, INC. ENGINEER By: TITLE: Vice President Attachment A City of Fort Worth Storm Water Management System Data Collection, Inventory and Mapping Year One Scope of Work The goal of Year One is to develop the storm water management system asset inventory and database for the top five priority watersheds in the City: Mercado, Forty Oaks, Rosemont, West Arlington Heights and Englewood Heights. The scope of work includes developing a Quality Management Plan, geodatabase design; data compilation and preparation; schematic development; easement development for the priority watersheds, schematic field reconnaissance for priority watersheds; easement visual inspection and evaluation for the priority watersheds; survey of specific elements in priority watersheds; validate and rectify schematic for priority watersheds; limited condition assessment of specific assets within priority watersheds; flag and populate missing data required for modeling; reporting; and deliverable integration. Year One of the project will be developed in phases by task. In Year One, 90 watersheds will be developed for Tasks 100 through 900. Of those 90 watersheds, 45 watersheds will continue to be developed for Tasks 1000 through 1600. The top five priority watersheds will be completely developed through Task 1800, Tasks 1900 and 2000 will be included in all phases and tasks of the Year One project. Year One services are designed as a pilot study to allow the City and the consultant team the opportunity to judge levels of effort required to produce the storm water mapping and inventory product that the City desires as expressed in initial scoping meetings and that will be further defined as the Quality Management Plan (described below) is further defined. It is conceivable that the scope defined below will be adjusted either during Year One or in subsequent years to ensure that mapping program products are consistent with City budget resources. Monthly reporting will be provided as described in Task 1900 to document actual levels of effort required to accomplish mapping goals. Due to the unknown level of effort for tasks and watersheds, some watersheds may not be developed in Year One. Similarly, other tasks or watersheds may be advanced into Year One if project progress exceeds initial expectations. Task 100 an Quality Management Plan LUMP) The QMP defines now the Project Team intends to manage and assure the delivery of products that meet the City's goals and expectations. The methods, procedures and QA/QC processes for each task will be developed and tested for inclusion in the QMP. The QMP will be a working document and will be subject to review and update as the project progresses and matures. 1. Meet with the City to define the components of the QMP a. Develop the initial criteria for each component 2. Develop an initial QMP that further defines the criteria for each component in the QMP a. Lines of authority and responsibilities b. Team organization and coordination c. Management approach d. Project control software, parameters and processes i. Cost control ii. Schedule control His Reporting method and criteria e. Data Collection — sources and research i. Research methodology ii. Data Tracking methodology f. Scanning methodology g. Georeferencing methodology & accuracy h. Schematic Geodatabase development procedures i. Schematic development — graphics and attributes ii. Exporting for field reconnaissance task His Updating from field reconnaissance task iv. Exporting for survey task v. Updating from survey task vie Maintenance i. Easement research and development procedures i. Research methodology ii. Easement development — graphics and attributes iii. Exporting for field verification task iv. Exporting for survey task v. Updating from research, field verification and survey task vie Maintenance j. Schematic field reconnaissance procedures i. GPS equipment ii. GPS / GIS software His Schematic Field Reconnaissance Manual iv. Schematic field reconnaissance task v. Updating the schematic geodatabase k. Easement visual inspection and evaluation procedures i. GPS equipment ii. GPS / GIS software His Visual Inspection and Evaluation Manual iv. Visual inspection and evaluation task v. Report findings to the City I. Survey procedures i. Survey equipment ii. Survey / GIS software iii. Survey Field Manual 1. Data dictionary and survey location of assets 2. Elevation Reference Marks 3, Survey Descriptions & Standards 4. Survey Documentation (field notes, sketches, and photos) iv. Survey task v. Updating the geodatabase m. Condition Assessment methodology and procedures i. Criteria for Condition Assessment ii. CCTV procedures and submittals iii. Data dictionary for Inspection Data n. QA/QC processes for project tasks i. Geodatabase Design ii. Data Collection and Evaluation His Schematic Development iv. Field Reconnaissance v. Easement Development vi. Survey vii. Condition Assessment and Inspections viii. InfoWorks/InfoNet Integration o. Accuracy standards & validation p. Other components defined by the City q. Reporting Tools r. Glossary of Terms s. Project Schedule i. Deliverables and expectations for Year One ii. Major tasks, subAasks and QA/QC tasks for each deliverable iii. Timeline for completing each task iv. Reporting criteria 3. Submit the initial QMP to the City 4. Meet with the City to discuss and refine initial QMP 5. Modify initial QMP to include and address results of meeting 6. Deliver QMP 7. City acceptance of Quality Management Plan Task 200 -Geodatabase Data Requirements The purpose of defining the geodatabase data requirements is to develop a Storm Water Management System that supports the City's goals and objectives. The task should focus on the needs of the City, the community and entities that work with the City; integration with existing systems and applications, and the future implementation of planned systems and applications. 1. Identify, correspond and coordinate with each department or entity (identified in the Scoping meeting) that could benefit from the Storm Water Management System 2. Create a data requirements questionnaire that focuses on the goals and objectives of the system as well as its potential applications and uses for each department and entity 3. Distribute the data requirements questionnaire to expedite the process of identifying the needs of each department or entity as well as promote enthusiasm and participation 4. Develop a geodatabase data requirements template that includes known requirements as well as the results from the questionnaire 5. Conduct a workshop using the template to further determine, identify and define the data requirements for each department or entity 6. Compile the results of the workshop into a draft geodatabase data requirements document 7. Submit draft geodatabase data requirements document to each department or entity for review and feedback 8. Conduct a second workshop with the City IT staff, administrators of systems to be integrated and non-GIS task experts to determine technical and system requirements as well as additional data requirements for existing IT/GIS integration, InfoWorks/InfoNet, Asset Management, Survey, Condition Assessment, Watershed Planning Studies. 9. Modify and further refine the geodatabase requirements with the results of the second workshop 10. Submit the geodatabase requirements to the participants of the second workshop for review and feedback 11. Deliver the geodatabase requirements document to the City for acceptance. Task 300 - Geodatabase Design Schema The foundation of the Storm Water Management System is the geodatabase design schema. The schema defines the components, behaviors and values that will be stored in the Storm Water Management System. 1. Utilizing the geodatabase requirements document, develop a conceptual database design that forms the framework of the geodatabase Fes Us Feature Datasets b. Feature Classes c. Field Names d. Tables L Meet with the City to demonstrate the conceptual geodatabase. Discuss, review and refine the conceptual design. 3. Develop a logical database design that defines the structure and behavior of the geodatabase a. Subtypes b. Domains c. Topology / Geometric Network Connectivity d. ID naming convention e. Relationships f. Rules g. Survey and Raster data 4. Meet with the City to demonstrate the logical geodatabase. Discuss, review and refine the logical database design. 5. Develop a physical database design that defines the specific values for domains and database rules a. Subtype values b. Domain values and ranges c. Primary and secondary keys d. Indexes 6. Meet with the City to demonstrate the physical geodatabase. Discuss, review and refine the physical database design. 7. Generate a Microsoft Visio geodatabase design schema of the Storm Water Management System geodatabase design to illustrate the conceptual, logical and physical database components of the geodatabase 8. Produce a data dictionary that contains field definitions, references and examples 9. Meet with the City to — a. Demonstrate that the schema contains the approved geodatabase requirements and database design components i. GIS, InfoWorks/InfoNet, Asset Management, Survey, Condition Assessment and Watershed Planning Studies b. Demonstrate the purpose and uses of the data dictionary 10. Deliver the schema and the data dictionary for City acceptance of the Visio geodatabase design schema and data dictionary Task 400 -Project Data Compilation The development of the Storm Water Management System schematic will rely on data resources from numerous sources of varying quality and accuracy. The data will be compiled, organized and evaluated to determine the effort involved to develop the initial schematic. 1. Identify and collect available data resources 2. Design Data Evaluation Matrix to evaluate each data resource by type for accuracy, completeness, usability and other criteria 3. Populate the matrix for each data resource 4. Establish means of tracking source or` populated data 5. Deliver completed matrix and findings summary for City acceptance of Data Evaluation Matrix and Findings Summary Task 500 -Data Conversion for Schematic Development of 90 Watersheds Prior to late 2003, the City saved data resource documents as single page TIFF images as well as PDF documents. PDF documents cannot be georeferenced. Data resources saved only as PDF images will be converted to single page TIFF images. 1. Using the Data Evaluation Matrix, compile plan and as -built images that need to be converted from PDF to TIFF format 2. Convert PDF images to TIFF images 3. Deliver converted TIFF images in GIS format for City acceptance Task 600 -Scanning for Schematic Development of 90 Watersheds Data resources that are not in digital format will be scanned and saved as PDF and TIFF images. The images will be integrated with the City's existing image database as well as hyperlinked to the appropriate geographic entity. 1. Using the Data Evaluation Matrix, compile hard -copy plan and as -built resources that need to be scanned 2. Use scanning process and image naming convention defined in the QMP 3. Scan resources into TIFF and PDF images 4. Deliver scanned TIFF and PDF images in GIS format for City acceptance Task 700 - GeoreferencinV for Schematic Development of 90 Watersheds Georeferencing is the art of taking geographic data without a spatial reference and aligning it to geographic data with a known coordinate system. Once an image is georeferenced, it can be viewed as a layer with other GIS data and used to digitize the initial schematic. 1. Using the Data Evaluation Matrix, compile the plan and as -built TIFF images that need to be georeferenced 2. Use the georeferencing process, level of accuracy and image naming convention defined in the QMP 3. Georeference the images and save in GIS, rectify the images and save as TIFF images 4. Optional — Clip the images to the extent of plan contents instead of the extent of sheet 5. Create an index feature class that represents the geographic extent of each image as a polygon 6. Deliver georeferenced images and index feature class in GIS format for City acceptance Task 800 -Schematic Development of 90 Watersheds The schematic will consist of storm water network asset features that will be digitized into the geodatabase from the georeferenced plan and as -built images. The geodatabase fields will be populated with attributes found on the plans and as-builts. 1. Using the geodatabase development procedures and QC processes defined in the QMP, create the schematic for the georeferenced plans a. Add point features b. Digitize line features in direction of flow c. Digitize polygon features in relation to assets 2. Verify that the schematic features meet or exceed the standards defined in the QMP a. Generate geometric network and correct connectivity errors b. Perform network traces and correct flow direction errors c. Test validity of schematic features using InfoWorks/InfoNet tools 3. Using the geodatabase development procedures and QC processes, populate the plan attributes for each feature a. Populate attributes for point features b. Populate attributes for line features and transfer data from point features c. Populate attributes for polygon features and transfer data from point features 4. Calculate intelligent unique ID, defined in QMP, for each feature 5. Verify that feature attributes meet the standards defined in the QMP a. Tools, queries and scripts b. Test validity of geodatabase attributes using InfoWorks/InfoNet tools c. Test integration of geodatabase with InfoWorks/InfoNet d. Perform QMP defined review of data integration process and resulting InfoWorks model database. e. Create InfoWorks/InfoNet model -ready dataset from geodatabase 6. Hyperlink plans to features 7. Deliver citywide geodatabase schematic in GIS format and model -ready dataset in InfoWorks format for City acceptance Task 900 —Current Development and Maintenance of 90 Watersheds After the schematic is developed, new construction, improvement projects and maintenance activities will continue. In order to integrate these changes into the schematic, development activity must be closely monitored and tracked. A database will be created to track the status of plans, as-builts, improvement projects and work orders. The schematic will be updated to reflect these changes using the procedures defined in the QMP and outlined in Tasks 400 through 800 with consideration given to the development of the priority watersheds. Task 1000 -Data Conversion for Easement Development of 45 Watersheds Although the majority of the plats are not in digital format, there may be data resources available in PDF format. PDF images and images containing multiple pages cannot be georeferenced. PDF images will be converted to single page TIFF images. 1. Using the Data Evaluation Matrix, compile plat and easement resource images that need to be converted from PDF to TIFF format 2. Convert PDF images to TIFF images 3. Deliver converted TIFF images in GIS format for City acceptance Task 1100 - Scanning for Easement Development of 45 Watersheds The plats and easement resources that are not in digital format will be scanned and saved as PDF and TIFF images. The images will be integrated with the City's existing image database as well as hyperlinked to the appropriate geographic entity. 1. Using the Data Evaluation Matrix, compile hard -copy plats and easement resources that need to be scanned 2. Use scanning process and image naming convention defined in the QMP 3. Scan resources into TIFF and PDF images 4. Deliver scanned TIFF and PDF images in GIS format for City acceptance Task 1200 - Georeferencing for Easement Development of 45 Watersheds C}nce an image is georeferenced, it can be viewed as a layer with other GIS data and used to digitize the easement polygons. 1. Using the Data Evaluation Matrix, compile the plat and easement resources that need to be georeferenced 2. Use the georeferencing process, level of accuracy and image naming convention defined in the QMP 3. Georeference and save in GIS, rectify the images and save as TIFF images 4. Optional — Clip the images to the extent of plan contents instead of the extent of sheet 5. Create an index feature class that represents the geographic extent of each image as a polygon 6. Deliver georeferenced images and index for City acceptance of georeferenced TIFF images and index feature class Task 1300 -Easement Development of 45 Watersheds The easement layer will consist of easement boundary polygons that will be digitized into the geodatabase from the georeferenced plat images or entered by legal description. The geodatabase fields will be populated with attributes found on the plats, easement resources and deed records. 1. Using the easement research and development procedures and QC processes defined in the QMP, create the easement polygons for the georeferenced plats and easement resources 2. Verify that the easement polygons meet or exceed the standards defined in the QMP 3. Using the easement research and development procedures and QC processes, populate the easement attributes for each polygon including categorizing the easement boundary based on source data. Categories are Recorded, Mapped - Not Recorded, Mapped - No Metes and Bounds, Translocated (populate during Task 1500), and Physical Not Dedicated (populate during Task 1500) 4. Calculate intelligent unique ID, defined in QMP, for each polygon 5. Verify that easement attributes meet or exceed the standards defined in the QMP a. Tools, queries and scripts 6. Hyperlink plats and easement resources to polygons 7. Deliver easement feature class as part of the schematic geodatabase for City acceptance of easement feature class Task 1400 -Field Reconnaissance of 45 Watersheds After the schematic is developed from the georeferenced plans, the existence of the schematic asset network and the points of access into the network will be field verified. If an asset is different or missing from the initial schematic, it will be added to the field verified schematic. The purpose of this task is not to perform a detailed survey of the watershed but to perform a cursory inspection of the watershed to improve the efficiency of the survey crews in Task 1600. On average, this task should be accomplished in 1 day and will document any issues within the watershed that may require the City's attention. 1. Using the equipment, software and procedures as well as the QC processes defined in the QMP, field verify the schematic assets by priority watershed and identify assets to the extent that they are readily field verifiable using procedures outlined in the QMP. a. Load export of the schematic geodatabase and supporting data on GPS units b. Following procedures defined in the Field Reconnaissance Manual — i. Confirm existence of asset ii. Verify and/or update general location iii. Verify and/or update general attributes iv. Add sketches of missing assets and conveyance systems v. Add missing attributes and/or make comments 2. Upload field verification data from GPS units 3. Update schematic geodatabase to reflect information acquired during field reconnaissance a. Update location and general attributes of existing assets, if applicable b. Add missing features and attributes from sketches and observations 4. Verify that the field verified features meet the standards defined in the QMP a. Generate geometric network and correct connectivity errors b. Perform network traces and correct flow direction errors 5. Calculate intelligent unique ID, defined in QMP, for new features 6. Post updates and edits into the field verified schematic geodatabase Task 1500 —Visual Infection and Evaluation of Easement Layer of 45 Watersheds After the ease��ient layer is developed from the georeferenced plats and easement resources, the boundaries will be compared with the apparent boundaries on the aerial photography and discrepancies will be identified. Boundaries that cannot be compared using the aerial photography will be inspected in the field. If the location of a drainage - way conflicts with the location of storm water management system assets, the issue will be documented for review by the City. 1. Using the equipment, software and procedures defined in the QMP, compare, identify and inspect the easement layer boundaries by priority watershed a. Compare the easement layer polygons to the aerial photography and identify boundary discrepancies, inconsistencies and areas that require field inspection b. Load export of the schematic geodatabase, easement layer polygons, identified conflicts and supporting data on GPS units c. Following procedures defined in the Visual Inspection and Evaluation Manual — i. Confirm that a discrepancy exists ii. Locate the general physical boundaries of the drainage -way using GPS technology iii. Make field notes, draw sketches and take photographs, if necessary 2. Upload visual inspection data and general boundary locations from GPS units 3. Report identified boundary conflicts to the City for further research and review 4. Deliver feature class of inspected easement polygons for City acceptance for each priority watershed Task 1600 -Field Survey of 45 Watersheds The location of each storm water management system asset, as identified and defined in the QMP for field verification, will be located by conventional survey methods using QMP survey procedures. Measurements, notes, sketches and photographs will be collected for each asset. If the crews are unable to collect survey data within an area, the City will be notified and the City will assist in resolving the issues that prevent the survey. 1. Using the equipment, software and procedures as well as the QC processes defined in the QMP, survey each storm water management system asset by priority watershed a. Load export of the field verified schematic and supporting data on survey units b. Following procedures defined in the Survey Field Manual — i. Capture location of asset ii. Take measurements and populate attributes iii. Take field notes 1. Field observation of condition iv. Draw sketches (data collection forms and standards) v. Take digital photographs c. Report issues to the City for assistance in completing survey 2. Upload survey data from survey units 3. Verify that survey attributes meet the standards defined in the QMP a. Tools, queries and scripts 4. Deliver sub -centimeter survey accuracy data and measurements in ASCII format, field notes, sketches and photographs in GIS format for City acceptance of the survey data Task 1700 -Validate and Rectify Schematic of To�Five Priority Watersheds The survey data will be integrated into the geodatabase and the location of the schematic assets will be adjusted to the survey locations, as identified and defined in the QMP. 1. Using the procedures and QA/QC processes defined in the QMP, adjust the asset locations-tn the field-ver+f+ed-sehemat+c to the survey loeat+or+s a. Utilize the geometric network and connectivity rules 2. Calculate intelligent unique ID, defined in QMP, for new features 3. Verify that the features meet the standards defined in the QMP and perform final QA a. Generate geometric network and correct connectivity errors b. Perform network traces and correct flow direction errors c. Randomly select points (as defined in QMP) to be resurveyed to confirm accuracy 4. Populate survey attribute fields with actual values while maintaining plan values 5. Verify that attributes meet the standards defined in the QMP a. Compare plan values to actual values, perform QMP defined data review, including populating and flagging of missing data using inference tools to provide a near -model -ready database. b. Test in InfoWorks/InfoNet model 6. Hyperlink images and survey related data to appropriate asset 7. Deliver geodatabase and InfoWorks/InfoNet model -ready database of the storm water management system which incorporates the initial schematic, field reconnaissance improvements, survey data and hyperlinked images in GIS and InfoWorks/InfoNet format for City acceptance of the storm water management system for each priority watershed Task 1800 - Condition Assessment of Top Five Priority Watersheds During the field verification and survey tasks, assets will be flagged that appear to need further investigation to determine actual condition. Drainage complaints, maintenance history and historical knowledge will also be evaluated to determine which assets will be assessed. 1. Using the methodology defined in the QMP, determine the storm water management system assets to be assessed 2. Using the equipment, software and procedures as well as the QC processes defined in the QMP, assess the condition of the specified assets by priority watersheds a. Load export of the geodatabase and supporting data on GPS units b. Following procedures defined in the Condition Assessment Field Manual is Conduct Conduct visual inspection ii. Conduct CCTV inspection His Conduct pole mounted camera inspection iv. Confined space entry v. Take field notes vi. Take digital photographs 3. Upload condition assessment data from GPS units 4. Verify that the assessment data meets the standards defined in the QMP a. Tools, queries and scripts 5. Use findings to calculate condition assessment ratings 6. Update geodatabase with calculated rating information 7. Deliver video, photos, and condition assessment report of findings in GIS or a format compatible with the City Asset Management software for City acceptance Task 1900 — Reporting and Monthly Project Status Meetings The Year One scope of work has two primary goals. The main goal is to complete tasks 100 through 900 for the Year One project area and tasks 1000 through 1900 for each priority watershed with the City's budget for Year One services. The top five watersheds will be developed sequentially by order of importance leaving the possibility that the watersheds in the bottom tier may not be completed in Year One. The second goal is to define the levels of effort required to map the balance of the city's watersheds, including those in the initial five priority watersheds that cannot be mapped using Year One funds. In other words, Year One services are designed to provide a foundation and serve as a pilot study to define levels of effort required to meet the QMP goals and to provide the blueprint for Year Two and subsequent year mapping services. In consideration of these goals, monthly reporting (as defined below) will be performed to allow the City to judge actual budget requirements necessary to map the City's watersheds. This budget tracking and reporting will also allow the City to modify the mapping protocol if it appears that the initial protocol cannot be performed within the constraints of the City's budget. As defined in the QMP, Reports, maps and spreadsheets detailing the progress, findings and status of each task will be produced by priority watershed. An interactive project status mapping website will be developed to provide weekly updates on project development, including costs expended by each major task and by watershed. Reporting tools will also be available through the Project Control software. Following the production of each monthly report, we will meet with the City to review project status, with a particular emphasis on the level of effort required for each task and watershed. Task 2000 —Unspecified Additional Services Due to the size, scope and nature of this project, unforeseen tasks and services may need to be performed to handle issues, expedite the schedule and/or modify the workflow in Year One. Implementing an Inlet Marking program has been identified as a potential additional task. The task would involve creating a numbering scheme and placing markers on all the inlets in the five priority watersheds. The direct labor for this effort is estimated to cost $20,000 which does not include materials. Additional meetings, presentations and discussions may also be necessary although regular meetings and updates are part of the scope. Task 900 addresses the issue of current construction and maintaining the schematic but the effort to perform the work may involve more resources than is estimated in the Fee Schedule. m c E E it. U? ti ME cc E UJto cc Q 3 d c UJ d O w U t U) r cc " o®off LL U E O � O �. cn U ui uu..F=Z W o W W 0 U � Q L a z a �J o0aa000 voo NaocDoo �o�n o N V 1 +V 1+ to ` N N 0 4dr u) '- 'y O) �t a t` V c9 m V 1� N JQ t`7 Ln a co N tD .M- co to to V `� N F O (4 od a cvi 4 1- of ai CNI t- co 0 O 2 r yr Nt 0 w W> U) 0 Lo ems M t0 to V IV Qi to O e= co" cw c N h OI T M VA fH to VZ 69 0) wm rnm rnm vim wm Z J W J W j J W J W j J W J W j j O F- O -OFO z - ZZWZ O F- o E ZWZZWZWwwwwWww�aa aZ ma�a�awXXxXX�X 0 W O W O W F3 W 0 W O W y YYY YYY YYY YYY YY`.0 `.LYY w u� to tq to t� rn w �n v� to to � < a < FmI < < FFa-H Fa-HFa - F FaMFa- FFIa - FfaFF W O cv y y Y E c Os O C O L C c J 0' O O ma cn d d E m ..F c R O c y y _> !Q M C f0 p E '� y LL N aN �-' N N N d O v �j cm C G y > > `p Z O N y c w R 0/ c y t0 O W O F- F- U E M OO c"a c fl, t a� v ay d D °_' 0 c LO cc m a° y U M d d E 1Q d� a� W z F¢- c 0 O c a N :: j N O N O O yLL `O_ y V 0 0 m.a0m i� �~ C m Z U m E c c y 0 a r� ~ y j o o U m q U c m ,-. uv Z CYto m r Q� L) y v O do's a w O O c m O N Ma O ' " — c COW W d W c U) o0owa Cl o Z a m a Cl 0 Cl 0 a_axJ- M r � N Gc J W U) .M- 0 0 0 0 J J J J J 0 o Q Q a a a v 00 0 yr r I- 1- F- F- F- 0 0 0000 ATTACHMENT C AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES Storm Water Management System Data Collection, Inventory and Mapping — Year One AMENDMENTS A. Article IV, Paragraph I: The CITY has established a minority and women business enterprise (M/WBE) goal of 35% for this contract. B. Article IV, Paragraph K (2) (a): The CITY will not be named as "additional insured" on the ENGINEER's professional liability and worker's compensation policies. C. Article VI, Paragraph B: The ENGINEER shall not be liable for any use of such design documents on any other project. SPECIAL PROVISIONS A. Changes of Work: The ENGINEER shall make such revisions in the work included in this contract which has been completed as are necessary to correct errors appearing therein when required to do so by the City without undue delays and without additional cost to the CITY. If the CITY finds it necessary to request changes to previously satisfactorily completed work or parts thereof, the ENGINEER shall make such revisions if requested and as directed by the CITY. This will be considered as additional work and paid for as specified under Additional Work. B. Additional Work: Work not specifically described under "Scope of Services" must be approved by supplemental agreement to this contract by the CITY before it is undertaken by the ENGINEER. If the ENGINEER is of the opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes extra work, he shall promptly notify the CITY in writing. In the event the CITY finds that such work does constitute extra work, then the CITY shall so advise the ENGINEER, in writing, and shall provide extra compensation to the ENGINEER for doing this work on the same basis as covered under Compensation and as provided under a supplemental agreement. The lump sum fee shall be adjusted if additional work is approved by supplemental agreement and performed by the ENGINEER. C. Consequential Damages: Notwithstanding any other provision of this Agreement to the contrary, the parties hereto mutually agree that neither party shall be liable to the other for any indirect, incidental, consequential, exemplary, punitive or special damages or loss of income, profit or savings of any party, including third parties, arising directly or indirectly from the parties' relationship under this Agreement or applicable law. D. Limit Use to Hard Copies: As a component of the Services provided under this Agreement, Engineer may deliver electronic copies of certain documents or data (the "Electronic Files") in addition to printed copies (the "Hard Copies") for the convenience of the Owner. Owner and its consultants, contractors and subcontractors may only rely on the Hard Copies furnished by Engineer to Owner. If there is any discrepancy between any Electronic File and the corresponding Hard Copy, the Hard Copy controls. E. Acceptance Procedure: Owner acknowledges that Electronic Files can be altered or modified without Engineer's authorization, can become corrupted and that errors can occur in the transmission of such Electronic Files. Owner agrees that it will institute procedures to preserve the integrity of the Electronic Files received from Engineer until acceptance. Owner further agrees that it will review the Electronic Files immediately upon receipt and conduct acceptance tests within thirty (30) days, after which period Owner shall be deemed to have accepted the Electronic Files as received. Engineer will undertake commercially reasonable efforts to correct any errors in the Electronic Files detected within the 30- day acceptance period. Engineer shall not be responsible to maintain the Electronic Files after acceptance by Owner. F. Warranty of Compatibility: Engineer does warrant or represent that the Electronic Files will be compatible with or useable or readable by systems used by Owner or its consultants, contractors and subcontractors. Engineer is not responsible for any problems in the interaction of the Electronic Files with other software used by Owner or its consultants, contractors and subcontractors. i I a o 0 0 0 0 0 0o co m ao m oo rn rn N' r CV r r CV r r r r rn 0) rn 0)m 0)o m 0)o r a N N a W CL ) w a a a a a a U.U. u_. w a w I0 0 0 0 8 8 8 Q 8 W Q Q Q 8 0 m O85 N N r r N N O r coN CD CO 0 I00 'O (T a c (A m m r m m m 6) O O O r 00 C ma a a a -O a a a a a a a a a a a 0 0 0 0 CM M o O Ln rn rn o 0 0 0 LO 0 O O O :3 cq r r r N Cn r r Cn CO 00 CV -4t V' CV p r r C U C Q O Q C O E 0 0 > J « O Q a)CV a C U 8- O � U a) > m a) N O a) N 0 E >i p E C a(6•roLL) CD co E� .0 E O N Na) N N � w N _ N N CV Lm E O N Cn Q c9 O Q) CV O U E U E E c ° a0i o o > � E aNi a�i 11 C, co) g to a) c N w o c i� m CO (C$ > C U N > U) C CT ca co0 w Co ns U 'E � E ¢ c 0 p is n U 'c (D m Cu g `° a o1. `o 0 0_ z C! C7 C3 a 0 in c7 in in cn C3 w E 5 iL > U OC 8 8 8 8 8 8 8 8 8 8 8 C6 O O O 8 O O 0 O O O CV C0 Nt N CO r� 00 m O I r CV (o mt Cn co r 00 m r r r r r r r r r r CV I cjI©u n M jn 9 +u In M ❑ L'n jn in , ❑ ©n 7 M Z ❑ n _�- -I--� 10 a co Iv rn co 1iI�— o ,rn Io I� Ir IN ��lo Fp� � IOIr—�r 1r Ir 1— IN City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, September 23, 2008 LOG NAME: 20SWMGISPROJECT REFERENCE NO.: C-23072 SUBJECT: Authorize an Engineering Agreement with Carter and Burgess, Inc., for Citywide Stormwater System GIS Project, Year One in the Amount of $1,690,999.00 for the Transportation and Public Works Department, Stormwater Management Division and Adopt Supplemental Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with Carter and Burgess, Inc., in the amount of $1,690,999.00 for a GIS Project, to adequately map the City's stormwater system for the Transportation and Public Works Department, Stormwater Management Division; and 2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Stormwater Utility Fund in the amount of $1,690,999.00 and decreasing the unreserved undesignated fund balance by the same amount. DISCUSSION: The lack of an adequately mapped detailed inventory of the City's stormwater system impedes the ability of staff to respond to maintenance needs and calls from citizens, to plan long-term capital improvements, and to provide necessary emergency response information for environmental spills which may enter the stormwater system. Developing a detailed inventory and map of the City's stormwater assets into GIS was identified as a high priority when the Stormwater Utility was created. In August 2007, a request for proposal was advertised, and a total of six proposals were received. The top three consultants were interviewed, and Carter and Burgess, Inc., was selected as the most qualified. The scope of work for the project will include developing schematic maps based on engineering plans; performing a detailed location survey of all stormwater features including inlets, storm drains, outfalls, channels, detention ponds, dams, and other structures; mapping of drainage easements, encroachments and maintenance agreements; and a condition assessment of selected portions of the underground system. The storm drain mapping will produce both GIS information and network models substantially ready for hydraulic modeling. It is anticipated that the GIS project will take four years and cost in the range of $9 million. The scope of the Year One contract was developed based on available funding. This phase will begin Citywide schematic mapping and will perform detailed location surveys for several of the larger storm drain systems scheduled for planning studies in the near future. Carter and Burgess, Inc., proposes to perform the Year One contract on a time and materials basis for a not -to -exceed fee of $1,690,999.00. City staff considers this fee to be fair and reasonable for the scope of services proposed. The Stormwater Utility Operating Fund will be used to fund this project. Carter and Burgess, Inc., is in compliance with the City's M/WBE Ordinance by committing to 35 percent M/WBE participation. The City's goal on this project is 25 percent. Logname: 20SWMGISPROJECT Page 1 of 2 This project is located in COUNCIL DISTRICT 1 (CITYWIDE). FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Stormwater Utility Fund. Upon approval, the unaudited available cash balance of the Stormwater Utility Fund will be $2,444,690.00 which is the amount available above the minimum reserve cash balance of $2,638,783.80 required by the City's Financial Management Policy Statements (i.e., 20 percent of the current -year adopted budget expenditures less debt service and capital projects). TO Fund/Account/Centers FROM Fund/Account/Centers �PE69 531200 0209202 $1,690,999.00 2)PE69 531200 0209202 Submitted for City Manager's Office b� Fernando Costa (8476) Originating Department Head: Greg Simmons (7862) Additional Information Contact: Steve Eubanks (7857) $1,690,999.00 Logname: 20SWMGISPROJECT Page 2 of 2 Ordinance No. AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE STORMWATER UTILITY FUND IN THE AMOUNT OF $1,690,999.00 AND DECREASING THE UNRESERVED UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF EXECUTING A CONTRACT WITH CARTER BURGESS, INC,. FOR A GIS PROJECT TO ADEQUATELY MAP THE CITY'S STORMWATER SYSTEM; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2007- 2008 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Storm Water Utility Fund in the amount of $1,690,999.00 from the unreserved, undesignated fund balance by the same amount for the purpose of executing a contract with Carter Burgess, Inc., for a GIS project to adequately map the City 's stormwater system. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 17749 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: