HomeMy WebLinkAboutContract 26183 CITY SECRETARY
CONTRACT NO. �
CITY OF FORT WORTH,TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), Carter & Burgess, Inc.
(the "ENGINEER"), for a PROJECT generally described as: Lake Worth Master Plan Update
Phase 3A.
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 ths.
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'
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written notice to CITY, suspend services under this AGREEMENT until paid in full,
including interest. In the event of suspension of services, the ENGINEER shall
have no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in AttachmentD.
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 othewise
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 observatbns, 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.
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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 expressy 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 geneel, 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 AttachmentA.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or price
of labor and materials; unknown or latent conditions of existing equipment or
structures that may affect operation or maintenance costs; competitive bidding
procedures and market conditions; time or quality 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 wll not vary
from the ENGINEER's opinions, analyses, projections, or estimates.
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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 CITYand the construction contractor that affect
the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and fumished 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. 11923, 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 parti-cipating in City contracts for a
period of time of not less than three (3)years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after
final payment under this contract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of the
ENGINEER involving transactions relating to this contract. ENGINEER agrees that
the CITY shall have access during normal working hours to all necessary
ENGINEER facilities and shall be provided adequate and appropriate workspace 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 acc ,ss during.nQrro ing
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hours to all subconsultant facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions of this
article together with subsection(3)hereof. CITY shall give subcon-sultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of
copies at the rate published in the Texas Administrative Code in effect as of the
time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the
following coverage at minimum limits, which are to be in effect prior to commencement of
work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage
if written on a split limits basis). Coverage shall be on any vehicle used
in the course of the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease-policy limit
$100,000 disease-each employee
Professional Liability
$1,000,000 each claim/annual aggregate
(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
according to items section K.(1) and K.(2) of this agreement are provided
under applicable policies documented thereon.
(c) Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirem nts._
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(d) A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the state of
Texas or be otherwise approved by the CITY; and, such insurers shall be
acceptable to the CITY in terms of their financial strength and solvency.
(f) Deductible limits, or self-insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also approved. Dedicated
financial resources or letters of credit may also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring expense, to
review the ENGINEER's insurance policies including endorsements thereto
and, at the CITY's discretion, the ENGINEER may be required to provide
proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no exclusions
by endorsements unless the CITY approves such exclusions.
(j) The Professional Liability insurance policy, if written on a claims made basis
shall be maintained by the ENGINEER for a minimum two (2) year period
subsequent to the term of the respective PROJECT contract with the CITY
unless such coverage is provided the ENGINEER on an occurrence basis.
(k) The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement. It is understood that insurance cost
is an allowable component of ENGINEER's overhead.
(1) All insurance required in section K., except for the Professional Liability
insurance policy, shall be written on an occurrence basis in order to be
approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the ENGINEER to
maintain the same or reasonably equivalent insurance coverage as
required for the ENGINEER. When subconsultants maintain insurance
coverage, ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is canceled or
terminated, such cancellation or termination shall not constitute a breach by
ENGINEER of the Agreement.
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L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any
existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledg:s 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 shill
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 D.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's possession
relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon
the accuracy, timeliness, and completeness of the information provided by the CITY.
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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 wil 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 ENGINEERor construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and release
ENGINEER and its officers, employees, and subcontractors from all claims,
damages, losses, and costs, including, but not limited to, attorney's fees and
litigation expenses arising out of or relating to the presence, discharge, release, or
escape of hazardous substances, contaminants, or asbestos on or from the
PROJECT. Nothing contained herein shall be construed to require the CITY to levy,
assess or collect any tax to fund this indemnification.
(2) The indemnification and release required above shall not apply in the event the
discharge, release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER'S negligence or if such hazardous substance,
contaminant or asbestos is brought onto the PROJECT by ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
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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 H. shall be construed as a waiver of any right the
CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain preexisting structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the
replacement cost value of the PROJECT. The CITY may provide ENGINEER a
copy of the policy or documentation of such on a certificate of insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requestssuch 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.
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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment D.
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 final designs, drawings, specifications and documents shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on 3J days'
written notice. This AGREEMENT may be terminated by either the CITY or the
ENGINEER for cause if either party fails substantially to perform through no fault of
the other and does not commence correction of such nonperformance with 5 days
of written notice and diligently complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER
will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,specifications or
other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
C.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time the CITY'S termination for convenience so that
the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval will
be obtained in writing prior to proceeding with termination services.
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E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or
expense claimed by third parties for property damage and bodily injury, including
death, caused solely by the negligence or willful misconduct of tie 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 will assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business understandings
between the parties and shall apply to all the different theories of recovery, including
breach of contract or warranty, tort including negligence, strict or statutory liability, or any
other cause of action, except for willful misconduct or gross negligence for limitations of
liability and sole negligence for indemnification. Parties mean the CITY and the
ENGINEER, and their officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the PROJECT,
or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be
submitted to mediation. If mediation is unsuccessful, the claim, dispute or other
matter in question shall be submitted to arbitration if both parties acting reasonably
agree that the amount of the dispute is likely to be less than $50,000, exclusive of
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attorney's fees, costs and expenses. Arbitration shall be in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association or
other applicable rules of the Association then in effect. Any award rendered by the
arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will
be final, judgment may be entered thereon in any court having jurisdiction, and will
not be subject to appeal or modification except to the extent permitted by Sections
10 and 11 of the Federal Arbitration Act(9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses,
may be litigated by either party on a de novo basis. The award shall become final
ninety (90) days from the date same is issued. If litigation is filed by either party
within said ninety (90) day period, the award shall become null and void and shall
not be used by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F.,
VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any
cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold
harmless CITY and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B—Compensation
Attachment C- Schedule
EXECUTED in the City of Fort Worth, thisL day of , A.D 00
ATTE CI OFF W H
By: Y WI.L By.
Glori Pearson 9. Mike Groomer
City Secretary Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY
By:
Assistant i Attorney Dale A. Fisseler, WE.
Director, Water Department
ATTEST: CARTER & BURGESS, INC.
By: , By:
Jo H. Lindner, P.E. J. Phillip Deaton, P.E.
Senior Vice President
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Contract. Authori/zajtion
Date
H cc:ORD
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ATTACHMENT A
LAKE WORTH MASTER PLAN UPDATE PHASE 3A
SCOPE OF SERVICES
The following tasks describe the services that will be performed by Carter& Burgess to
complete the Lake Worth Master Plan Update. The Scope of Services is divided into two
phases. Phase 3A, which is covered under this contract, includes those tasks that will be
undertaken to investigate immediate funding alternatives, initiate the public involvement process,
investigate the feasibility for dredging the lake and prepare construction plans for the Castle
Circle Lift Station and Force main. Phase 3B includes those tasks specifically related to the
watershed protection and master plan update portion of the study, and will be initiated under a
separate Scope of Services and Contract.
PHASE3A
Task 100 - Review of Previous Studies
Carter& Burgess will assemble and review studies that have been prepared by other City
Departments and consultants in relation to water quality and watershed protection at Lake
Worth. This task will include a review of the following studies:
1980 Carter& Burgess Report
1997 Camp Dresser& McKee Report
1998 Freese& Nichols Report
Previous Clean Lake Diagnostic / Feasibility reports relating to Lake
Worth
Task 101 -Identify Corps of Engineers Requirements to Obtain Funding
Carter& Burgess will conduct up to three meetings with appropriate Corps of Engineers' personnel
to discuss and identify the funding that has been approved fa Lake Worth watershed protection.
Appropriate City staff members will be asked to be in attendance at the meetings.
Upon completion of the meetings Carter & Burgess will prepare a brief report to document the
findings of the meetings. The report will also discuss the steps that need to be taken to secure the
funding. Upon completion of the report, it will be presented to the City for their review and
concurrence. After the City review has been completed, the report will be submitted to the Corps
of Engineers for their concurrence.
In addition to reviewing the previous Corps funding authorized for the lake, Carter and Burgess will
also investigate alternate COE funding under the small projects program. This funding includes
that available under Section 1135 of the Water Resources Development Act of 1986 and Section
206 of the Water Resources Development Act of 1996.One meeting will be conducted with COE
Fort Worth District Planning personnel to discuss funding sources.
020330001.CityContract.doc 1 is 6� �r C LSi�U�L51YrdUS U
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Task 102 - Provide Technical Support to Seek Corps of Engineers Funding
The purpose of this task will be to develop a program brief or summary of the proposed Lake
Worth Watershed Protection Plan. The brief will be used as a document that can be taken to
subsequent meetings with more senior Corps of Engineer personnel and possibly elected officials
as the funding is sought at higher levels. The program brief will be reviewed with City staff and
other appropriate personnel before it is released.
Task 103 - Public Meeting
The purpose of this task will be to initiate the public involvement portion of the Lake Worth
Watershed Protection Plan. Since this task will initiate the public involvement portion of the plan,
only a public meeting is included at this time. Additional meetingsand scope items will be added
later in relation to the public involvement phase of the plan.
The items included in conducting a public meeting for Phase 3A of the plan are listed below:
Work with the City and other entities to develop a target group forthe public meeting.
Develop a meeting announcement. Once the target group is developed, the City would send out
the actual meeting notices and announcements.
Work with the City to determine the meeting room size, meeting location, required attendees, aid
meeting format, by the dredging project.Prepare an electronic meeting presentation and electronic
and conventional visual aids for the meeting.
Attend and possibly conduct the public meeting.
Task 104- Evaluate Potential Dredging Project
In previous study efforts, removal of sediment from the lake by hydraulic dredging was suggested
as a possible altemative to improve water quality. In completing this task, Carter & Burgess will
investigate the feasibility of dredging and will provide a recommended plan to dredge the lake.
The following paragraphs will describe the specific task items that will be included in this effort.
Several surveys of the bottom of the lake have been performed in the past. Carter & Burgess will
obtain these surveys and review them for suitability in determining approximate dredge quantities.
Should the surveys be suitable for determining quantities, Carter & Burgess will proceed with the
next task items. Should the surveys not be suitable for determining quantities, a re®mmendation
will be made to obtain suitable survey information. Completion of this task does not include
obtaining any field or underwater survey information.
Carter & Burgess will also assist the City in determining suitable sites to place the dredged
material. Suitable sites will be investigated from aerial photographs of the lake vicinity. The sites
will be investigated from within a three-mile radius of the dredge area. Up to twenty sites will be
investigated as a part of this task. The potential sites will also be ranked according to their
suitability as a placement site.
020330001.0tyContract.doc 2 I �r7l N(*('e1' Ey
Lake dredging and placement of dredged material will involve regulatory permitting considerations.
Carter & Burgess will investigate and summarize the permitting requirements associated with a
dredging project of this nature. The agencies to be contacted to obtain current permitting
requirements include the U.S. Army Corps of Engineers, the TNRCC, TRWD, TPWD, USFWS and
EPA.
Previous study efforts have identified areas where dredging could be accomplished. Carter &
Burgess will use this information to make recommendations regarding a specific dredge area for
this feasibility study. In addition, dredge quantities will be calculated for the dredge areas
recommended. Up to six potential dredge areas will be investigated as a part of this task.
Based on the potential for dredging in the lake, Carter& Burgess will determine a set of water
quality goals that should be accomplished
The City has expressed an interest in purchasing a city-owned dredge and performing certain
dredging operations with city forces. Carter & Burgess will perform an evaluation of the costs
associated with operating a city-owned dredge versus retaining a contractor to perform the
work.
Should the city-decide to purchase a dredge and perform dredging operations, Carter& Burgess
will facilitate a pilot-dredging project to evaluate up to three dredging manufacturers. The pilot-
dredging project will consist of arranging for the manufacturers to transport a dredge to Lake
Worth for inspection by the City. In addition, the pilot project will be documented with
photographs and a summary of the dredges inspected.
If sediment is to be removed by dredging, the sediment will need to be tested for contaminants
before removal. A determination will be made as to the type of sampling that must be completed
before any sediment is removed. The sampling program will include the number and type of
samples that must be taken to provide the City with a reasonable level of comfort in placing the
sediment on property owned by others. This task does not include the actual sediment sampling
in the lake.
Upon completion of the tasks described above, up to three preliminary estimates of probable cost
will be prepared for alternative dredging projects.
A report documenting the completion of the tasks described above will be prepared and
submitted to the City in both draft and final form.
Task 105 - Coordinate with Agencies and City Departments
Several meetings will be conducted with various agencies and City departments as a part of
completing the tasks included in Phase 1A of this Scope of Services.
Up to a total of three meetings will be held to coordinate with various departments within the
City. These meetings will be held to coordinate with the Environmental, Public Works,
Development, Planning, Engineering and Parks departments. In addition, one meeting each will
be conducted with the TNRCC, TxDOT and TRWD.
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020330001.CityContract.doc 3 2j�, V'�i 11F.IMj 9 M.
Task 106— Neighborhood Meetings
In addition to the Public meeting described in task 103, Carter& Burgess will conduct up to four
neighborhood meetings during Phase 3A of the project. Carter & Burgess role in the
neighborhood meetings will primarily to support the City staff in preparation of information
related to this project. In that role, Carter& Burgess will assist in the preparation of presentation
slides to detail various aspects of the project. In addition, appropriate members of Carter &
Burgess' staff will be in attendance at the meetings.
Task 107— Preliminary Lake Survey
Carter & Burgess will work with a qualified underwater survey firm to obtain elevations of the
bottom of Lake Worth in selected areas. The areas to be surveyed for the purposes of this task
are described below.
• Survey along the shoreline where Live oak Creek enters the lake. The survey
area will extend out to Goat Island and extend in an east-west direction from
Wildwood park over to Castle Circle Point. Up to ten (10) cross sections will
be taken in this area.
• Survey in the vicinity of Wood's Inlet. Up to five (5) cross sections will be
taken in this area.
• Survey along the shoreline adjacent to Cahoba Drive, south of Mosque Point.
Only one cross section will be taken in this area.
After completion of the survey, the current lake bottom elevations will be determined and
compared with previous data to determine the amount of sediment that has entered the lake
since the last survey was completed.
Task 203—Castle Circle Lift Station/Force Main
203.1 — Lift Station
This task involves the design of a submersible lift station in the Castle Circle area near the
south side of Lake Worth. The capacity of this facility will be approximately 1.8 MGD. The
station will be below grade with the exception of the control panel and, theefore, will not require
any above ground structural or architectural design elements. Design will include mechanical,
structural, electrical, and civil elements.
203.2— Force Main
Design a force main from the above mentioned lift station to a connectim to the City of Fort
Worth's collection system. This point of connection is approximately 3 to 3.5 miles in total
length located south of Castle Circle adjacent to Loop 820. Design will include hydraulic and
routing evaluations, sizing and preparation of plans &specifications.
Conduct deed research and issue letter requesting right-of-entry. Prepare easement
documents for the force main (up to a maximum of 6).
020330001.CityContract.doc 4
203.3— Bidding/Contract Award
Provide services during the bidding/contract award phase of the project including attending the
pre-bid meetings, responding to questions, preparing any addenda, tabulating the bids, and
recommending award of the contract.
203.4—Construction Administration
Provide shop drawing review, periodic site visits (8 max) and prepare as-built drawings from
the Contractor's mark-ups.
Task 204— Review Water Pump Station Design Report
Gather and review the previous design report prepared for the City by another firm that
addresses a future booster pump station on the south side of Lake Worth.
Make any recommended modifications or comments to this previous report. Recommend a site
location for the future pump station.
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X020330001.Citycontract.doc 5
ATTACHMENT B
LAKE WORTH MASTER PLAN UPDATE PHASE 3A
ENGINEER'S COMPENSATION
TASK COST
PHASE3A
Task 100 — Review of Previous Studies $ 9,126
Task 101 — Identify Corps of Engineers Requirements
to Obtain Funding $ 11,998
Task 102— Provide Technical Support to Seek Corps
of Engineers Funding $ 9,922
Task 103 - Public Meeting $ 18,908
Task 104 - Evaluate Potential Dredging Project $ 61,174
Task 105 - Coordinate with Agencies and City Departments $ 8,728
Task 106 - Neighborhood Meetings $ 3,200
Task 107 - Preliminary Lake Survey $ 7,864
Task 203 - Castle Circle Lift Station/Force Main
203.1 - Lift Station $ 37,820
203.2 - Force Main $105,390
203.3 - Bidding/Contract Award $ 9,386
203.4 - Construction Administration $ 10,530
Task 204 - Review Water Pump Station Design Report $ 11,282
TOTAL - PHASE 3A $305,328
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020330001.CityContract.doc 6
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City of Fort Worth, Texas
"Favor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
4/25/00 C-17990 60WORTH 1 of 2
SUBJECT AGREEMENT WITH CARTER & BURGESS FOR IMPLEMENTATION OF A WATERSHED
MANAGEMENT MASTER PLAN FOR LAKE WORTH AND THE DESIGN OF THE CASTLE
CIRCLE WASTEWATER FACILITY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering
agreement with Carter & Burgess, Inc. for Phase 3A of the Lake Worth Clean Lakes Program for a total
F fee not to exceed $305,328.
DISCUSSION:
The City has completed Phase 1 and 2 of the federal Clean Lakes Program for Lake Worth.
Phase 1 included a diagnostic/feasibility study of Lake Worth conducted by the Corps of Engineers.
The study recommended raising the water level, development of a watershed management plan,
cleanup and maintenance activities, and selective dredging.
Phase 2 provided for a Lake Worth demonstration project and approved funding for a consultant to
develop a comprehensive Lake Worth Watershed Management Master Plan. The Watershed
Management Master Plan developed a strategy for identifying pollutants in the lake and establishing
controls to protect water quality, thereby enhancing fish and wildlife habitat and promoting safe
recreational use of the lake.
Phase 3 of the program will provide for implementation of the strategy from the Watershed Management
Master Plan. Phase 3 will be completed in two sub-phases, Phase 3A and 3B. Carter & Burgess will
serve as the City's consultant in the implementation of Phase 3. This agreement will fund Phase 3A,
which includes the following:
• Technical support to seek the assistance of the Corps of Engineers, and to appropriate federal
funding; and
• A study to reevaluate dredging in and around the lake; and
• Design of the Castle Circle lift station and force main.
Phase 3B will be funded and will begin after the Corps of Engineers' funding is identified, and will
include the following:
• Identification of historical and potential lake pollution sources; and
• Identification and establishment of regulatory controls for the watershed; and
• Development of standards for City-controlled jurisdiction of the watershed; and
• Implementation of water quality protection measures for the lake; and
• Identification of other funding sources available for the program.
City of Fort Worth, Texas
"allor and Coundl Communication
DATE REFERENCE NUMBER G NAME PAGE
4/25/00 C-17990 60WORTH 2 of 2
LO
SUBJECT AGREEMENT WITH CARTER & BURGESS FOR IMPLEMENTATION OF A WATERSHED
MANAGEMENT MASTER PLAN FOR LAKE WORTH AND THE DESIGN OF THE CASTLE
CIRCLE WASTEWATER FACILITY
Carter & Burgess, Inc. was selected for this project because of their previous engagement with the
City's 1980 Study of Costs and Benefits of Lake Worth, their recent success in the dredging of White
Rock Lake in Dallas, and their expertise in designing the City's wastewater lift stations for development
projects.
As an overall strategy for Lake Worth, it is the staff's recommendation that in light of the recent advisory
by the Texas Department of Health on fish consumption, that the City explore the possibility of seeking
federal funds to continue strategies to enhance water quality. As an example, in the Water Resources
Development Act of 1986, the Congress authorized, but did not appropriate, $7.4 million for the Corps
of Engineers to assist the City in developing watershed protection measures at Lake Worth. Staff
believes that the City should revisit this authorization, as well as explore other federal resources that
can aid the City in its efforts to improve water quality at Lake Worth, with a goal of minimizing pollutants
that negatively affect fish and wildlife habitat. Unless directed otherwise, it is the intent of staff to work
with Bracy Williams & Company, the City's Washington firm, to research possible federal funding.
Carter & Burgess, Inc. is in compliance with the City's M/WBE Ordinance by committing to 20% M/WBE
participation. The City's goal on this project is 15%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budgets, as appropriated;of
the Commercial Paper-Water and Sewer Funds.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
� APPROVF.D
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
Dale Fisseler 8207 (from) APR 25 2000
F PS46 531200 070460136660 $173,190.00 `N �f
Additional Information Contact: PW77 531200 070770157020 $132,138.00 JCB" or the
'City Secretary
Jim Scanlan 8203 City of Fort Worth,Tex