HomeMy WebLinkAboutContract 38059CITY SECRETARk,
CITY OF SFOT
TANDARD AG EEMENTFOR O NRTHGI�NEEMORX N SERRE10
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Michael
Baker Jr., Inc., (the "ENGINEER"), for a PROJECT generally described as: Storm Water
Utility Project — Westlake Drive Drainage Improvements (Project No. 01073)
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 used the
CITY because of such suspension of services. w ,�, L DRD
STANDARD ENGINEERING AGREEMENT (REV 10/06/05) � CITY SECRETARY
Page 1 of 20 FT VItORTH, TX
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
1
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 10/06/05)
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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
projectionsI 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 10106/05)
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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.
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.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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INIk •;. ` •
(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.
(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 10106/05)
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A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non -owned when said vehicle is used in the
course of the PROJECT.
Worker's Compensation
Coverage A. Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims -made basis and shall
contain a retroactive date prior to the date of the contract or the first date of
services to be performed, whichever is earlier. Coverage shall be maintained
for a period of 5 years following the completion of the contract. An annual
certificate of insurance specifically referencing this project shall be submitted
to the City for each year following completion of the contract.
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
(d) A minimum of forty-five (45) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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(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.
Q) 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.
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tlli. 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. Ciiy-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
STANDARD ENGINEERING AGREEMENT (REV 10l06l05)
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1 • A ... r
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.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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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.
(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. CITI('s Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/[nstallation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
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
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
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
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.
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 10l06/05)
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(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, ®elay, 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).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
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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.
FC. 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.
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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 10/06/05)
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Article vi i
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A -Scope of Services
Attachment B — Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the Iiay of
ATTEST:
Marty Hendrix �
City Secretary
_ 0 -631ko2�
Contract. AuthorizatiolL
�r�LLk A �()
Data
APPROVE
Assistant
ATTEST:
STANDARD ENGINEERING AGREEMENT (REV 10I06105)
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CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
AL RECOMMENDED
P.E.
r, /PW
Michael Baker Jr.. Inc.
ENGINEER
By:
NAME: Juan Contreras, P.E.
TITLE: Assistant Vice President
OFFICIAL Iµ;ECORD
CITY SECRETARY
T. WORTH, TX
ATTACHMENT "A"
General Scope of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions
set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental
Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall
have precedence over the General Scope of Services."
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the City
regarding the scope of project so that the plans and specifications which are to be developed
hereunder by the Engineer will result in providing facilities which are economical in design
and conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be necessary
for the design of the proposed street, and storm drain and/or water and wastewater facilk
ties/improvements. It shall be the Engineer's duty hereunder to secure necessary information
from such outside agencies, to meet their requirements.
3) Geotechnicallnvestigations
The Engineer shall advise the City of test borings, and other subsurface investigations that
may be needed. In the event it is determined necessary to make borings or excavate test
holes or pits, the Engineer shall in coordination with the City and the City's geotechnical
engineering consultant, draw up specifications for such testing program. The cost of the
borings or excavations shall be paid for by the City.
4) Agreements and Permits
The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain
any and all agreements and/or permits normally required for a project of this size and type.
The Engineer will be responsible for negotiating and coordinating to obtain approval of the
agency issuing the agreement and/or permits and will make any revisions necessary to bring
the plans into compliance with the requirements of said agency, including but not limited to
highways, railroads, water authorities, Corps of Engineers and other utilities.
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineers own cost and expense, unless such changes are
required due to changes in the design of the facilities made by the permitting authority. If
such changes are required, the Engineer shall notify the City and an amendment to the
contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays,
a mutually agreeable and reasonable time extension shall be negotiated.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 16 of 20
6) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic film
sheets, or as otherwise approved by the Department of Engineering and shall become the
property of the City. City may use such drawings in any manner it desires; provided, however
that the Engineer shall not be liable for the use of such drawings for any project other than
the project described herein; and further provided, that the Engineer shall not be liable for the
consequences of any changes that are made to the drawings or changes that are made in
the implementation of the drawings without the written approval of the Engineer.
7) Right -of -Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights -of -way, easement needs for the construction of the
project. Engineer shall determine ownership of such land and furnish the City with the
necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the
rights -of -way and/or easements for the construction of this project. Sketches and easement
descriptions are to be presented in form suitable for direct use by the Department of
Engineering in obtaining rights -of -way, easements, permits and licensing agreements. All
materials shall be furnished on the appropriate City forms in a minimum of four (4) copies
each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans and
Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any
proposed utility liens or adjustment to existing utility lines within the project limits. The
information obtained shall be shown on the conceptual plans. The Engineer shall show on the
preliminary and final plans the location of the proposed utility lines, existing utility lines, based
on the information provided by the utility, and any adjustments and/or relocation of the
existing lines within the project limits. The Engineer shall also evaluate the phasing of the
water, wastewater, street and drainage work, and shall submit such evaluation in writing to
the City as part of this phase of the project.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 17 of 20
10) Conceptual Plans
The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which
include layouts, preliminary right-of-way needs and preliminary estimates of probable
construction costs for the Engineer's recommended plan. For all submittals, the Engineer
shall submit plans and documents for street/storm drain and water/wastewater facilities. The
Engineer shall receive written approval of the Phase 1 Plans from the City's project manager
before proceeding with Phase 2.
11) Design Data
The Engineer shall provide design data, reports, cross -sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12) Preliminary Construction Plans and Technical Specigications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and
five (5) copies of the preliminary technical specifications for review by the City and for
submission to utility companies and other agencies for the purposes of coordinating work with
existing and proposed utilities. The preliminary construction plans shall indicate location of
existing/proposed utilities and storm drain lines. The Engineer shall receive written approval
of the Phase 2 plans from the City's project manager before proceeding with Phase 3.
PHASE 3
13) Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
14) Detailed Cost Estimate
The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs
for the authorized construction project, which shall include summaries of bid items and
quantities.
15) Plans and Specification Approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state and federal laws
and with applicable rules and regulations promulgated by local, state and national boards,
bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from
the City's project manager before proceeding with Phase 4.
STANDARD ENGINEERING AGREEMENT (REV 10/06105)
Page 18 of 20
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans and
contract specifications. The approved plans and contract specifications shall be used as
authorized by the City for use in obtaining bids, awarding contracts, and constructing the
project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding
documents, and assist the owner in determining the qualifications and acceptability of
prospective constructors, subcontractors, and suppliers. When substitution prior to the award
of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the
acceptability of alternate materials and equipment proposed by the prospective constructors.
18) Recommendation of Awrard
The Engineer shall assist in the tabulation and review of all bids received for the construction
of the project and shall make a recommendation of award to the City.
19) Prebid Conference
The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation
sheets and provide assistance to the owner in evaluating bids or proposals and in assembling
and awarding contracts for construction, materials, equipment, and services.
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters
during its construction and will set control points in th
stake the project. The setting of line and grade stakes
will be performed by the City.
22) Site Visits
concerning the layout of the project
e field to allow City survey crews to
and
route inspection of construction
The Engineer
shall visit the project site at appropriate intervals as construction proceeds to
observe and report on the progress and the quality of the executed work.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 19 of 20
23) Shop Drawing Review
The Engineer shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratory, shop, and mill test
reports on materials and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the acceptability of the
work, at the request of the City.
25) Differing Site Conditions
The Engineer shall prepare
conditions encountered.
26) Record Drawings
sketches required to resolve problems due to actual field
The Engineer shall prepare record drawings from information submitted by the contractor.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 20 of 20
i
. AIMPROVEMENTS
TO WESTLAKE
DRIVE
CITY PROJECT NO. 01073
The following is a clarification of the tasks that the ENGINEER will perform under
ATTACHMENT "A". Work under this attachment includes the preparation of a drainage
study for the project area described below and shown graphically on Attachment E-1.
The study area shown on Attachment E-1 includes Westlake Drive from IH20 to
South Drive and South Drive from Westhaven Drive to IH20.
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
A. Perform hydrologic modeling of the contributing watershed to determine peak
runoff generated at key design points during the design storms (1-percent, 4-
percent and 20-percent chance events).
B. Perform hydraulic modeling of the existing South Drive storm drain system from
IH20 to approximately 140 feet east of Westhaven Drive, and for the existing
Westlake Drive storm drain system from IH20 to South Drive.
C. Evaluate alternatives for improvements, including open- and closed -system
alternatives, and estimated project costs. Present a recommended improvement
option.
These tasks are more particularly described in the parts presented herein:
PART A —Data Acquisition, Collection and Inventory
The data collected for this project includes existing information possessed by CITY in
the form of studies, maps, engineering construction plans, and digital files as well as
information generated in the field specifically for this project.
1. Data Collection
a. Obtain digital aerial photography, 2-ft topography, and existing storm drain
infrastructure from CITY, latest editions.
b. Obtain latest available topographic, zoning, land use and thoroughfare plan
information within the study limits from CITY.
c. Obtain "As- Built" plans for streets and storm drains within the identified study
area from CITY.
Exhibit A-1-1
d. Prepare a base map for the study area.
2. Field Visits and Survey
a. Perform one (1)
photographs and
ground features.
engineering field visit to the study area and document with
sketches showing storm drainage infrastructure and above
b. During the field visit, take note of factors affecting pavement drainage
hydrology and hydraulics. Consultant will field verify modeling parameters
such as drainage divides, land use and Manning's roughness coefficients
(i.e., "n-values"), existing flooding and erosion locations.
c. Conduct one field survey to locate existing drainage boundaries and existing
storm drain system structures (including manholes, inlet structures and
outlets) along South Drive and Westlake Drive within the limits of the project.
PART B —Hydrologic and Hydraulic Analysis
This scope includes the tasks necessary to develop hydrologic and hydraulic models of
the study area. Study discharges will be obtained for a range of return events as
required, including the 1-, 4-, and 20-percent chance storms, assuming fully -developed
watershed conditions. Storm drain analysis or design will be performed using Bentley's
StormCAD computer program. All calculations will be consistent with criteria in the City
of Fort Worth Storm Water Management Design Manual, March 2006 edition.
1. Hydrologic Analysis
a. Prepare drainage area maps for study location at a 1" = 200' scale from
available contour information, construction plans and site visits.
b. Delineate sub -watersheds as necessary to analyze existing drainage patterns
within the study area, as well as to identify and define proposed
improvements.
c. Obtain hydrologic parameters for each sub -watershed including precipitation
data, time of concentration, and land use category.
d. Create afully-developed hydrologic condition land use map based on site
visits, aerial photography and the City's land use/zoning maps.
e. Prepare and execute Rational Method hydrologic models to obtain the 1-, 4-,
and 20-percent chance return period peak discharges for the South Drive and
Westlake Drive storm drain systems for use in hydraulic modeling. Hydrologic
modeling for South Drive will be bounded by IH 20 and Westhaven Drive,
hydrologic modeling for Westhaven Drive will be bounded by IH 20 and South
Drive.
Exhibit A-1-2
f. Utilize data obtained in items b. through e. above to input hydrologic
information into hydraulic system computer model.
2. Existing Conditions Hydraulic Analysis
a. Prepare an existing conditions hydraulic models) of the existing South Drive
and Westlake Drive storm drain systems. The existing concrete lined channel
west of South Drive will not be analyzed.
3. Improvement Plan
a. Following completion of existing conditions analysis, coordinate with City staff
to develop up to two (2) alternative solutions for the study area. Formulate
conceptual alternative solutions to address storm drain improvements using
CITY two -foot topographic data to generate grades. Roadway crossings and
increased channel capacity will be considered as needed to meet CITY
criteria. It is assumed that any future channel improvements to the existing
concrete lined channel west of South Drive contain the 100-year storm within
the drainage right-of-way with one foot of freeboard.
b. Prepare proposed conditions hydraulic models for each alternative solution.
Proposed storm drain improvements will be limited to Barwick Drive, Belden
Avenue, South Drive and Westlake Drive.
c. Develop acost-effective analysis for each alternative based on estimates of
probable project (design and construction) costs, with consideration given to
easement and right-of-way acquisition and utility relocation requirements.
d. One (1) review meeting and plan revision will be prepared for CITY review in
comment in preparation of final exhibits, report and documents.
PART C —Project Development
1. Project Coordination
a. Conduct one (1) kick-off meeting and one (1) project meeting for the study
area with CITY. Meetings shall be used to update CITY as to status of project
and to determine CITY preference in recommended improvement options.
b. Prepare monthly updates for OWNER identifying what work was
accomplished, what items are due in the next month and what outstanding
issues need immediate attention.
2. Report
Prepare a final report containing exhibits, tables, methodologies, opinions of
probable costs, models, and results. Improvement plan shall include a
summary of expected construction project costs. Deliverables shall include
Exhibit A-1-3
five (5) hard copies. Electronic deliverables shall include the final report and
alternatives models.
Exhibit A-1-4
TO WESTLAKE DRIVE
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of $ 24,943.25, as
summarized in Exhibit "B-Y. Payment of the total lump sum fee shall be
considered full compensation for the services described in Attachment "A" and
for all labor materials, supplies, and equipment necessary to complete the
project. All permitting, application and similar fees will be paid directly by the City.
B. The Engineer shall be paid in monthly partial payments as described in Exhibit
"B-V, Section 1 — Method of Payment.
C. Each invoice is to be verified as to its accuracy and compliance with the terms of
this contract by an officer of the Engineer.
I1. Schedule (Working Days) —Refer to Attachment D for the complete schedule.
A. A conceptual report shall be submitted within 45 working days after the "Notice to
Proceed" letter is issued.
B. A preliminary report shall be submitted within 15 working days after approval of
the preliminary report.
C. A final report shall be submitted within 10 working days after approval of the
preliminary report.
Attachment B-1
-
a 9R.- x1v
TO WESTLAKE DRIVE
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 delivery
lump sum fee.
Until delivery
lump sum fee.
Until delivery
sum fee.
of the conceptual report, a sum not to exceed 30 percent of the total
of the preliminary report, a sum not to exceed 60 percent of the total
of the final report, a sum not to exceed 90 percent of the total lump
The balance of fee, less previous payments, shall be payable after approval of the
final report by the City.
II. Progress Reports
A. The ENGINEER shall submit to the designated representative of the Director of
the Department of Engineering monthly progress reports covering all phases of the
study in the format required by the City.
Exhibit B-3-1
Engineering Design Services Associated with
O WESTLAKE DRIVE
CITY PROJECT NO. 01073
Consulting Firm Prime Responsibility Amount Percent
Prime Consultant:
Michael Baker Jr., Inc.
M/WBE Consultants:
Gorrondonna and
Associates, Inc.
Non-NI/WBE Consultants:
None
Total for Professional Services
Project Description
Engineering Services
City M/WBE Goal = 15%
Engineering & Proj. Mgmt.
Field Survey
Scope of
Services
Drainage Study
Total Fee
$ 24,943.25
$ 19,443.25 77.9
$ 5,500 22.1
$ 24,943.25 100.0%
M/WBE Fee Percent
$ 5,500 22.1
Exhibit B-3-1
A.
EXHIBIT "L -"ul
(SUPPLEMENT TO ATTACHMENT 13)
, ..0 IA"A c- r•
(LESS SURVEY FEE)
Engineering Design Services Associated with
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS
TO WESTLAKE DRIVE
CITY PROJECT NO. 01073
SUMMARY OF TOTAL FEE
Service Description
Total
Basic Services
$15,514.50
Special Services
$
3,928.75
Engineering Subtotal
$ 19,443925
Surveying Services
$
5,500000
Project Total
$ 24,943.25
BREAKDOWN OF ENGINEERING FEES (LESS SURVEY FEES)
1. Total Fee (less survey fee) Breakdown by Preliminary &Final Report
a. Conceptual (30%) _ (Engineering Subtotal) X (0.3) _ $ 5,832.98
b. Preliminary (60%) _ (Engineering Subtotal) X (0.6) _ $ 11,665495
c. Final (10%) _ (Engineering Subtotal) X (0.1)
_ $ 1,944.32
Exhibit B3A-1
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EXHIBIT "B-3B"
(SUPPLEMENT TO ATTACHMENT B)
Engineering Design Services Associated with
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS
TO WESTLAKE DRIVE
CITY PROJECT NO. 01073
BASIC ENGINEERING DESIGN FEE:
Engineering Services $15,514.50
SPECIAL SERVICES:
Surveying Services = $ 5,500.00
- Printing/Reproduction = $ 150.00
- Project Meetings with City Staff (2 meetings) _ $ 2,092650
- Monthly Reports/Coordination with City PM = $ 915.00
- Personal Mileage = $ 146.25
- Deliveries/Postage = $ 75.00
- Administrative Fee (10%) on M/WBE Firms = $ 550.00
Additional Services Total: $ 9,428.75
B3B-1
■ . r
Engineering Design Services Associated with
RAINAGESTIDT •. •rxt
- --•
DRIVETO WESTLAKE
CITY PROJECT NO. 01073
Surveying Services:
Topographic survey
Limits of Survey:
Existing South Dr. storm drain system beginning
at Belden Ave., continuing to it's outfall at the
existing concrete channel west of South Dr.
(approx 850 If).
Existing Gorman Dr. storm drain system
beginning at the intersection of Gorman Dr. and
South Dr., continuing to it's outfall at the existing
concrete channel west of South Dr. (approx 245
If)
Existing Westlake Dr. storm drain system
beginning at the intersection of Harlan Ave. and
Westlake Dr., continuing to it's outfall at the
existing concrete channel west of South Dr.
(approx 190 If)
Cross sections of the existing drainage channel
west of South Dr. at the outfalls of the South Dr.,
Gorman Dr., and Westlake Dr. storm drains (3 at
approx 40 If = 120 If)
Drainage divides, sumps, and grade breaks will
be located and surveyed for South Dr. between
Westhaven Dr. and IH 20 (approx 2960 If),
Westlake Drive between IH 20 and South Dr.
(approx 1640 If), Belden Ave. from South Dr. to
500' east of South Dr. (500 If), and Gorman Dr.
from South Dr. to 500 east of South Dr. (500 If).
Survey Total
_ $5,500.00
$5,500.00
63C-1
Printing Cost:
Description
.. •
Engineering Design Services Associated with
TO WESTLAKE DRIVE
CITY PROJECT NO. 01073
No. Sheets/Set Cost/Sheet Total Cost
Sets
Conceptual Report 5 15 $ 0.10 $ 7.50
Conceptual Exhibits 5 4 $ 2.00 $ 40.00
Preliminary Report 5 15 $ 0.10 $ 7.50
Preliminary Exhibits 5 4 $ 2.0 $ 40.00
Final Report 5 15 $ 0.10 $ 7.50
Final Exhibits 5 4 $ 2.0 $ 40.00
Photocopies 75 1 $ 0.10 $ 7.50
Deliveries/Postage 3 1 $25.00 $75.00
Total Cost
$ 225.00
Note: Additional copies requested by the City shall be provided according to the Std. Rate Schedule
(Exhibit B-2)
B3D-1
ATTACHMENT C
CHANGES AND AMEIVDMENETS TO STANDARD ENGINEERING AGREEMENT AND
ATTACHMENT A
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS
TO WESTLAKE DRIVE
CITY PROJECT NO. 01073
Article IV (D) —The following language is added to the end of the section, "or for use of such
drawings on the PROJECT if modified by someone other than ENGINEER."
Article IV (K) (1) —The time period for maintenance of coverage of professional liability insurance
following the completion of the contract is reduced from five (5) to three (3) years.
Article IV (K) (2) (d) —The required period of notice for cancellation is reduced to thirty (30) days
from forty-five (45) days. The words "or material change" are deleted from the first
sentence.
Article VI (G) The following language is added to the end of this section, ", which shall not be
unreasonably withheld, conditioned or delayed."
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ATTACHMENT "E-1"
PROJECT STUDY AREA
TO WESTLAKE DRIVE
PROJECT NO. 01073
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DATE: Tuesday, November 11, 2008
LOG NAME: 20WESTLAKEDRIVE
- - •
SUBJECT:
Authorize Execution of an Engineering Agreement in the Amount of $24,943.25 with Michael Baker,
Jr., Inc., for the Westlake Drive Drainage Improvements Study
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Michael Baker, Jr., Inc., in the amount of $24,943.25 for a drainage study for the Westlake Drive
Drainage Improvements.
DISCUSSION:
The stormwater Management Program was established to reduce flooding in Fort Worth, preserve streams,
minimize water pollution and to operate the stormwater system in a more effective manner to fully comply
with state and federal regulatory requirements. This will be accomplished by infrastructure reconstruction
and system maintenance, master planning, enhanced development review and increased public education
and outreach.
On October 16, 2007, the City Council approved the issuance and sale of bonds which will be used to fund
capital improvements in the stormwater utility system scheduled over the next two years.
An existing storm drain system located in South Drive is overtaxed (33 plus acres draining to a 30 inch
pipe), sending excess water down Westlake Drive causing home flooding.
Staff recommends that a study be performed of the entire extent of Westlake Drive in order to evaluate
existing conditions and propose storm drain improvements in Barwick Drive, Belden Avenue, South Drive
and Westlake Drive to meet current City drainage requirements.
The purpose of this study will be to develop a preferred solution and any feasible alternatives, identify major
issues and develop a construction cost estimate. It is anticipated that the agreement with Michael Baker,
Jr., Inc., will be amended to add the design services for the preferred solution once the study has been
completed.
The scope of services for the study includes the following: field survey, data acquisition, hydrologic and
hydraulic analysis, alternative analysis, construction cost estimating and preparation of a drainage study
report.
Michael Baker, Jr., Inc., proposes to perform the study for a lump sum fee of $24,943.25. City staff
considers the fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount, $2,494.00 is required for project management by the Transportation and
Public Works Department.
Logname: 20WESTLAKEDRIVE Page 1 of 2
The contract fee is below $25,000.00, therefore, MWBE participation documentation is not required for this
contract.
This project is located in COUNCIL DISTRICT 3, Mapsco 89P
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated of the Stormwater Capital Projects 2007 Revenue Bond Fund.
TO FundlAccountlCenters
FROM Fund/Account/Centers
P229 531200 203280707316 $24,943.25
Submitted for City Manager's Office by: Fernando Costa (6122)
Ori iq natina Department Head: Greg Simmons (7862)
Additional Information Contact: Michael Owen (8079)
Logname: 20WESTLAKEDRIVE
Page 2 of 2