HomeMy WebLinkAboutContract 29392 CITY SECRETARY
CONTRACT
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Camp
Dresser & McKee Inc., (the "ENGINEER"), for a PROJECT generally described as:
Update of Land Use Assumptions, Capital Improvement Plans, and Water and
Wastewater Impact Fee Schedules.
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 � ECORD
Payments to the ENGINEER will be made as follows: � ��
F? {o
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of
suspension of services, the ENGINEER shall have no liability to CITY for
delays or damages caused the CITY because of such suspension of
services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
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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
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
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conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or quality of performance by third parties; quality, type, management,
or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain that the construction contractor has
completed the work in exact accordance with the Contract Documents; that the
final work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, materials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others,and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT was
finally constructed. The ENGINEER is not responsible for any errors or omissions
in the information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE)
participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. Any misrepresentation of facts
(other than a negligent misrepresentation) and/or the commission of fraud by the
Engineer may result in the termination of this agreement and debarment from
participating in City contracts for a period of time of not less than three (3) years.
J. Right to Audit
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(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under
the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that
the CITY shall have access during normal working hours to all
subconsultant facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions of
this article together with subsection (3)hereof. CITY shall give subcon-
sultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$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.
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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
requirements.
(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.
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(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.
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
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PROJECT and business relationships with abutting property cities. The
ENGINEER further acknowledges that it will make disclosure in writing of any
conflicts of interest that develop subsequent to the signing of this contract and prior
to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENGINEER could
not have been reasonably aware of, the ENGINEER shall notify the CITY of such
changes and an adjustment in compensation will be made through an amendment
to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
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
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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 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.
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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.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out
of, in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
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
ENGINEERING CONTRACT
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litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will
be at the CITY's sole risk. The 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
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.
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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, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in
connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
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 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
ENGINEERING CONTRACT
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construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered.
ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its
officers, agents and employees from and against all claims or liability arising out of
the violation of any such order, law, ordinance, or regulation, whether it be by itself
or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B — Compensation
Attachment B-1 — Hourly Rate Schedule
Attachment B-2 — Estimated Work Breakdown
Executed this the day of , 20
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ATTEST: CITY FORT WO H
r By
Gloria/Pearson Marc' OV
City Secretary Assistant City Manager
APPROVED AS TO FORM �
AND LEGALITY (i - I�grD
contract Authorization
/� //-//-U
Gary Stei berger Date
Assistant City Attorney
ATTEST: ENGINEE
By: laylUl
Ric ar "Sawevy, ,
Vice President
Camp Dresser& McKee Inc.
APPROVAL RECOMMENDED:
f
By:
Dale A. Fisse a ,; .E.
Water Director
ENGINEERING CONTRACT
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ATTACHMENT"A"
AGREEMENT FOR ENGINEERING SERVICES
THE CITY OF FORT WORTH,TEXAS AND CAMP DRESSER&MCKEE INC.
FOR
WATER AND WASTEWATER IMPACT FEE REPORT
SCOPE OF SERVICES
I. Basic Services
SCOPE OF BASIC SERVICES
ENGINEER will prepare the 2003 update of CITY water and wastewater Impact Fees in accordance with Texas
Local Government Code Chapter 395. ENGINEER Basic Services will include update of the following:water and
wastewater Capital Improvements Plans;Land Use Assumption for CITY's water and wastewater service areas;
Calculation of water and wastewater Impact Fees;and providing notice and attending customer information
workshops,public hearings and city council meetings. The scope of the Basic Services of ENGINEER will be as
follows:
1.KICKOFF MEETING
1. Meet with the CITY and ENGINEER Team Members to kickoff the project. Review project's
Scope of Services. Establish lines of communication between the CITY personnel and
ENGINEER Team Members.
2. Provide the CITY with a preliminary list of data required for the project.
3. Provide the CITY with a preliminary project schedule.
4. Issue meeting memorandum and revised schedule,if necessary.
2.LAND USE ASSUMPTION/CAPITAL IMPROVEMENTS PLAN
1. Establish NCTCOG liaison to verify water service area population information provided by CITY
staff. ENGINEER will use CITY provided data for Land Use Assumption(LUA)and Capital
Improvements Plan(CIP). The ENGINEER will not make changes to CITY provided information.
If the verification process proves changes are needed,CITY staff will provide appropriate
corrected data. It is understood that in the event that if the CITY is unable to provide the corrected
information related to the water service area population by December 1,2003,ENGINEER will
develop the required information under the Special Services Section of this agreement with
electronic copies provided to CITY on a diskette.
2. Collect data from CITY and conduct interviews with staff. Coordinate with CITY on growth policies
and plans and obtain narrative list and map of proposed preliminary and final plats. Review most
recent land use data.
3. Collect from CITY data previously provided by wholesale customers regarding water and wastewater
operational strategies. Send letter requests to wholesale customers verifying that there are no
changes in information relative to their water and wastewater operational strategies and plans with
electronic copies provided to CITY on a diskette.
4. Review the most recent Water and Wastewater Master Plans,Impact Fee Reports,Water and
Wastewater Semi-Annual Capital Improvements Progress Report,and other ongoing or recently
Attachment"A" Page 1
completed planning studies to identify planned capital projects that are growth related. Prepare for
and attend up to four(4)meetings with CITY Staff and consultants retained to prepare the CITY's
water and wastewater Capital Improvements Plans and Master Plans. Evaluate the growth related
projects to determine the capacity attributable to growth during the study period. Review the cost
estimates of the growth-related projects as needed. It is understood that in the event that the
CITY's other consultants are unable to provide cost and capacity information related to the
proposed water and wastewater infrastructure by December 15,2003,ENGINEER will develop
the required information under the Special Services Section of this agreement with electronic
copies provided to CITY on a diskette.
5. Prepare draft report(s)of land use assumptions and capital Improvements plans for water and
wastewater facilities in accordance with Texas Local Government Code 395. Provide the CITY
with twenty(20)copies of the draft report(s)and meet with the CITY to review. Finalize report(s)
and provide the CITY with fifty(50)copies of the report(s)with electronic copies provided to
CITY on a diskette.
6. Prepare for and attend up to nine(9)meetings with CITY Staff,Wholesale Customers Advisory
Committee(one meeting),Customer Impact Fee Committee(four meetings),and Citizen Advisory
Committee(four meetings).
3.IMPACT FEE CALCULATION
1. As an initial part of the impact fee calculation task,the ENGINEER will:
a. Review the data requested in Task 1.2 to become familiar with the financial and operation
characteristics of the Water Department.
b. Develop a supportable method for determining equivalent units used in Impact Fee calculations
(meter size equivalency)based on generally accepted standards and document.Evaluate the
implications of including inactive meters in the calculation of service units,and ultimately,Impact
Fees.
2. Attend one meeting with the CITY to discuss the methodology to be used in determining the water
and wastewater Impact Fees. The existing service unit methodology will be updated in accordance
with Texas Local Government Code 395 as part of the Basic Services offered herein. After the
CITY selects the preferred methodology approach and after the population and demand in the land
use study portion of this project have been determined,the capacity required to serve existing
customers and the capacity required for new growth will be developed.
3. ENGINEER will prepare an Excel spreadsheet model(Impact Fee calculation model)to
calculate the Impact Fee component for the installed extra capacity as it now exists in the water
and wastewater system. Calculate the Impact Fee component for those facilities identified in the
Capital Improvements Plans that are required to serve growth during the study period.
4. Modify Impact Fee calculation model to analyze benefit credit alternatives as established by Texas
Senate Bill(SB)243. Issues that will be reviewed as part of this task will be limited to the
following:
a. Ramifications of including or excluding water and wastewater pipe in the Impact Fee calculation.
b. Recovery of CITY costs in certain existing developments.
c. The need for and efficiency of an Impact Fee differential between inside city and outside city retail
service development.
d. Evaluation of an Impact Fee differential between wholesale and retail.
In addition,this task will include the development of a proposed administrative process to estimate
debt service paid in rates for capital improvements serving new developments. Provide a letter
report describing the recommended process with electronic copies provided to CITY on a diskette.
Attachment"A" Page 2
4.PUBLIC INFORMATION PROGRAM
1. Prepare no more than two(2)newsletters on project progress with electronic copies provided to
CITY on a diskette. CITY will provide a database of the Customer Impact Fee Committee,Citizen
Advisory Committee and Wholesale Customers Advisory Committee. Review data base with
CITY staff to verify adequacy. After CITY approval,distribute up to one hundred twenty-five
(125)copies for each newsletter.
2. Provide notification for two(2)public hearings on: 1)the Land Use Assumptions/Capital
Improvements Plan(LGC Section 395.042—Hearing on Land Use Assumptions and Capital
Improvements Plans);and 2)the proposed Water and Wastewater Impact Fees(LGC Section
395.047—Hearing on Impact Fee). Prepare and issue,after CITY approval,news releases,
calendar listing and advertisements. Include in news release or advertisements a general statement
on the Impact Fee Program. Prepare and provide sign-in sheets,locations signs and comment
forms. Prepare for and attend said public hearing,including a pre-council briefing to present the
study results.
5.ORDINANCE DEVELOPMENT
1. Review existing Impact Fee Ordinance.
2. Review the CITY's current Water and Wastewater Wholesale Uniform Contracts as they address
Impact Fees and Impact Fee Ordinance.
3. Prepare a draft revised Impact Fee Ordinance and provide the CITY with five(5)copies with
electronic copies provided to CITY on a diskette.
4. Attend one(1)meeting with the CITY to review revised draft Impact Fee Ordinance.
5. Finalize revised draft Impact Fee Ordinance and provide the CITY with five(5)copies with
electronic copies provided to CITY on a diskette.
II. CITY has established the following special provisions and/or other considerations or requirements in respect of
the Assignment:
SCOPE OF SPECIAL SERVICES
In addition to the Basic Services listed in Exhibit A,Item#1,CITY has identified ten tasks that are not included
in Basic Services of ENGINEER.Upon receiving written notice to proceed from CITY,ENGINEER will
provide any of the following Special Services tasks:
TASK:
1. Evaluate the CITY's current method of assessing and collecting wholesale Impact Fees. Determine and
report when the fees are collected from developers,builders,property owners and the timing of when
funds are remitted to the CITY. Compare with retail Impact Fee collection policy and compliance with
Texas Local Government Code 395.016. Provide a letter report stating the task findings and
recommendations developed from those findings.
2. Modify the Impact Fee calculation model to evaluate the implications of including interest charges in
the Impact Fee calculation. Prepare a letter report of the evaluation findings and recommendations.
3. Develop a model/Excel spreadsheet to calculate the maximum collected Impact Fees available to be
used for annual debt service payments. (Impact Fee Debt Service) Data Needed from CITY:
■ Hard copy of previous spreadsheet for format
Attachment"A" Page 3
■ Debt Service schedules—future payments(amortization schedules)
■ Schedule of past payments of debt service from Impact Fees
■ Copies of all previous Impact Fee studies to obtain correct growth%for CIP.
4. Review current procedures of reporting Impact Fees collected and if necessary,recommend methods of
improving the process. This would include reviewing the method of data collection and the reporting
of components such as name and address of payee,amount of collection relating to size of meter,
customer class,and service.Prepare a letter report of the evaluation findings and recommendations.
This review will not include an audit of the accuracy of the data being collected. CITY requirements
include:
■ Ability to interview appropriate personnel
i. Staff responsible for collecting and recording Impact Fee payments
ii. Staff responsible for preparing quarterly Impact Fee report
■ Samples of reports/lists/information used when recording initial payment of impact fees.
■ Copies of quarterly Impact Fee Reports.
5. Investigate the appropriateness of combining water and wastewater Impact Fee funds. Determine if a
new reuse Impact Fee can be implemented and if this would facilitate combining of water and
wastewater Impact Fee funds. Provide a letter report listing the advantages and disadvantages of
combing Impact Fee funds and recommendations based on the investigation.
6. Study the appropriateness of special assessment developer agreements in developments such as Walsh
Ranch,Bond Ranch and Sendera Ranch. Provide a letter report discussing the advantages and
disadvantages of these agreements and presenting alternatives,if any.
7. Investigate the inclusion of two cost centers not previously included in the Water and/or Wastewater
Impact Fee calculations:
■ Water supply facilities(Tarrant Regional Water District)in the capital Improvements plan and
■ Internal costs of administering Impact Fees,including time spent in researching records for meter
set dates,three-year update studies,cost accounting,special reports
Modify the Impact Fee calculation model to incorporate these costs and provide a letter report
supporting the investigation findings and presenting the effect these changes will have on the Impact
Fees developed in Basic Services.
8. Determine which Capital Improvements Plan investments not previously included in Impact Fee
calculations can be recovered in the current update.Modify the Impact Fee calculation model to
incorporate these investments and provide a letter report supporting conclusions and presenting the
affect these changes will have on the Impact Fees developed in Basic Services.
9. Define the service area where impact fees can be charged by the Water Department–city limits, CCN
or other. Determine whether the CITY may or should charge impact fees in areas that have established
business and residences when they are annexed.Provide a letter report supporting conclusions.
10. Develop an outline for a capital projects accounting system that would track projects from planning
inception to completion,including projected capital and administrative costs,all actual costs incurred
including labor,land acquisitions,construction,engineering and legal expenses.Provide a letter report
supporting conclusions.
END OF ATTACHMENT"A"
Attachment"A" Page 4
ATTACHMENT`B"
COMPENSATION AND SCHEDULE
WATER AND WASTEWATER IMPACT FEE REPORT
I COMPENSATION
A. For the Basic Services scope,described in this Agreement,the CITY agrees to pay the ENGINEER a
Lump Sum fee of One Hundred Fifty Thousand Two hundred Eighty-five dollars($150,285). Partial
progress payments shall be made to ENGINEER on a monthly basis in the amount of TwePjy One
Thousand Four Hundred Seventy dollars($21,470)per month for six months. A final payment of
Twenty One Thousand Four Hundred&U-five dollars($21,465)shall be paid within thirty(30)days
of delivery of final document.
B. Special Services not included in Basic Services in Attachment"A"shall be paid in accordance with the
hourly rate schedule in Exhibit`B-1"and will be in addition to the lump sum fee described in
Paragraph A.
II. SCHEDULE
The time periods for the performance of ENGINEER's services are as follows:
November 2003 through June 2004
Attachment`B" Page 1
EXHIBIT "B-1"
HOURLY RATE SCHEDULE
EMPLOYEE CLASSIFICATION RATE
Client Officer $ 205
Project Manager $ 145
Senior Financial Analyst $ 145
Senior Engineer $ 145
Junior Financial Analyst $ 90
Junior Engineer $ 90
Subconsultant $ 110
Senior Public Relations Specialist $ 120
Junior Public Relations Specialist $ 70
Other Direct Costs Cost+ 10%
Subconsultant will be paid for at actual invoice cost plus ten percent(10%).
Exhibit`B-1" Page 1
EXHIBIT`B-2"
ESTIMATED WORK BREAKDOWN AND SUBCONSULTANT COST
BASIC SERVICES
Sub Task Client Project Senior Senior Jr. Public Senior Junior Junior Sub CDM
Officer Manager Financial Public Relation Engineer Engineer Financial Consultant Total
Analyst Relation Specialist Analyst
Specialist
BASIC
SERVICES
1 1 4 4 0 4 0 0 0 0 4 12
2 8 8 0 0 0 4 8 0 8 28
3 2 4 0 0 0 1 0 2 7
4 2 2 0 0 0 2 0 0 0 6
2 1 2 0 0 0 0 4 8 0 0 14
2 6 4 0 0 0 8 16 0 0 34
3 6 0 0 0 0 8 24 0 0 38
4 6 4 0 0 0 16 80 0 0 106
5 4 4 0 0 0 24 40 0 0 72
6 32 40 8 0 0 32 0 0 40 112
3 1 8 12 12 0 0 0 0 24 24 56
2 8 12 12 0 0 0 0 24 30 56
3 8 12 12 0 0 0 0 24 30 56
4 4 40 40 0 0 0 0 0 40 84
4 1 8 8 0 24 24 0 0 0 8 64
2 3 16 8 24 24 0 0 0 16 75
3 8 8 8 0 0 0 0 0 8 24
5 1 0 4 4 0 0 0 0 0 4 8
2 2 4 4 0 0 0 0 0 4 10
3 2 4 0 0 0 0 0 0 4 6
4 0 4 0 0 0 0 0 0 4 4
5 0 2 0 0 0 0 0 0 0 2
Total 123 196 108 52 48 99 176 72 226 874
Exhibit 11B-2" Page 1
Basic Services - $ 150,285
Lump Sum
Hours Labor ODC Total
Task
1 67 $ 9,569 $ 140 $ 9,709
2 416 $ 52,759 $ 1,480 $ 54,239
3 376 $ 47,496 $ 3,110 $ 50,606
4 195 $ 23,286 $ 1,180 $ 24,466
5 46 $ 6,265 $ - $ 6,265
Sub Total 1100 $ 145,285
Advertising $ 5,000
Exhibit`B-2" Page 2
CITY OF FORT WORTH
UPDATE OF WATER & WASTEWATER
IMPACT FEE SCHEDULE
November 4, 2003 Kickoff meeting with City staff. Review scope of work, establish
lines of communication, review project schedule, discuss kickoff
meeting with Citizens Advisory Committee (CAC), Wholesale
Customer Impact Fee Committee (WCIFC).
5, 2003 Consultant team begins initial data collection process (North
Central Texas Council of Government — NCTCOG). LUA study
initiated.
18, 2003 Kickoff meeting with CAC in the morning and WCIFC in the
afternoon. Introduction of project team, project schedule. Briefing
on the purpose and intent of impact fees, legislative guidance,
policies. Also meeting will serve as the staff's semi-annual
update on the Land Use Assumptions (LUA) and Capital
Improvement Plan (CIP) for the CAC.
19, 2003 Consultant team initiates CIP review and issues survey
questionnaire to wholesale customers regarding projected water
and wastewater system operations.
25, 2003 City Council approval of consultant agreement.
December 15, 2003 City staff delivers water and wastewater CIP.
January 15, 2004 Draft land use assumptions and CIP completed and send to CAC
and WCIFC.
20, 2004 Meeting with WCIFC in the morning to review draft LUA and CIP.
Meet with the CAC at noon to review draft LUA.
26, 2004 Publication and certified mailing of Notice of Public Hearing on
Land Use Assumptions, Capital Improvements Plan.
February 5, 2004 Comments due from CAC and WCIFC on the draft LUA and CIP
report. Meet with City Staff to discuss the methodology to be used
in determining the water and wastewater Impact Fees.
12, 2004 Newsletter published reporting Land Use Assumptions, CIP and
Impact Fee Calculation.
20, 2004 Comments received from WCIFC and CAC on draft CIP
incorporated into revised report and sent to WCAC for review.
26, 2004 Meet with the WCIFC in the morning to discuss draft Impact Fee
Calculation. Meet with the CAC at noon to discuss draft Impact
Fee Calculation.
March 1, 2004 Public Hearing on LUA and CIP.
Impact Fee Schedule Page 1
March 2, 2004 City Council approval of Land Use Assumptions and CIP.
25, 2004 Meet with CAC and WCIFC to submit draft Impact Fee Ordinance.
April 1, 2004 Receive comments from CAC and WCIFC regarding draft Impact
Fee Ordinance.
8, 2004 Publish Notice of Public Hearing and certified mailings.
14, 2004 Newsletter published reporting on final Land Use Assumption,
CIP Report, and Impact Fee Ordinance.
22, 2004 Meet with WCAC regarding Impact Fee Ordinance.
May 13, 2004 Public Hearing on Impact Fee Ordinance.
18, 2004 City briefed on Impact Fee Ordinance by consultant and FWWD
at Pre-Council. City Council adopts Ordinance.
Impact Fee Schedule Page 2
Project Schedule
2003 2004
Task Description NOV DEC JAN FEB MAR APR MAY
TASK 1 -Data Review and Input
TASK 2 - Update LUA and CIP
TASK 3 &4-Meetings with
CAC,Wholesale Advisory 1 OOO4 5 O OO 9 10 11 12 13
Committees and City Council
TASK 5 -(Report Preparation)
Draft Report
Final Report
1: Project Kickoff Meetings With Citizens Advisory Committee, Wholesale Advisory Committee and Other Stakeholders
2: City Staff Delivers Water and Wastewater CIP
3: Draft Report Land Use Assumptions &Capital Improvements Plan to Advisory Committees
4: Mid-point Briefing of Advisory Committees to Present Preliminary Findings, Receive Comments
5: Advertisement of Public Hearing on Land Use Assumptions, Capital Improvements Plan and Impact Fee
6: Presentation of Draft Impact Fee Calculation To Advisory Committees
7: Public Hearing on Land Use Assumptions and Capital Improvements Plan
8: City Council Approval of Land Use Assumptions, Capital Improvements Plan,Adoption of Revised Impact Fee Schedule
9: Presentation of Impact Fee Study to Advisory Committees
10: Notice of Public Hearing on Impact Fees
11: Meet with WCAC Regarding Impact Fee Ordinance
12: Public Hearing on Impact Fees
13: City Council Approval of Impact Fees
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/11/2003 - Ordinance No. 15745
DATE: Tuesday, November 11, 2003
LOG NAME: 60REPORT REFERENCE NO.: **C-19850
SUBJECT:
Appropriation Ordinance and Award of Engineering Agreement to Camp Dresser & McKee to
Update Water and Wastewater Impact Fee Report
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
amount of$75,142.50 in the Water Capital Projects Fund and $75,142.50 in the Sewer Capital
Projects Fund from available funds in Wholesale and Retail, Water and Wastewater Impact Fees; and
2. Authorize the City Manager to execute an engineering agreement with Camp Dresser& McKee, in an
amount not to exceed $150,285.00 for updating the [Water and Wastewater] Land Use Assumptions
and Capital Improvements Plan for the purpose of revising the impact fee ordinance.
DISCUSSION:
Chapter 395 of the Local Government Code provides authorization for local governments to enact and
impose impact fees for capital improvements related to water and wastewater facilities, storm drainage and
flood control facilities, and roadway facilities.
On June 6, 1990, the Fort Worth City Council adopted Ordinance No. 10601, which was subsequently
amended and replaced by Ordinance No. 10871 on July 2, 1991, implementing water and wastewater
impact fees. The state law requires that the City update the Land Use Assumptions and Capital
Improvements Plan at least every five years, commencing from the date of the adoption of the Capital
Improvements Plan. On May 25, 1999, the City Council adopted Ordinance No. 13810, which implemented
the updated water and wastewater impact fee. The Capital Improvements Plan was adopted on May 25,
1999. In accordance with the state law the impact fee update needs to be adopted by May 25, 2004.
To comply with state law, Fort Worth Water department staff and wholesale water and wastewater customer
representatives have undergone an extensive proposal and selection process to select the consultant for
the updating of Fort Worth's Water and Wastewater Impact Fee studies. After evaluating qualified
consultants, Water Department staff and the wholesale customer representatives have recommended
Camp Dresser& McKee to conduct the Impact Fee Study Update Report.
Principal elements of the proposed study will include:
* Review current Land Use Assumptions, Capital Improvements Plan and Impact Fee Schedule and
Ordinances. Additional reports to review include the Water and Wastewater Master Plan, Facilities
Plan and Semi-Annual Impact Fee reports; and
• Update Land Use Assumptions and Capital Improvements Plan for water and wastewater in
Logname: 60REPORT Page 1 of 2
accordance with Texas Local Government Code, Chapter 395; and
• Participate with staff in meetings with the Fort Worth Citizen Advisory Committee on Impact Fees,
participate in meetings with the Wholesale Water and Wastewater Advisory Committees and Sub-
Committees on impact fees, and participate in public hearings and City Council meetings concerning
the impact fee studies; and
• Ramifications of including major water and wastewater piplines in the Impact fee calculation.
Camp Dresser & McKee, Inc. is in compliance with the City's M/WBE Ordinance by committing to 16%
M/WBE participation. The City's goal on this project is 16%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that, upon approval and adoption of the attached appropriation ordinance,
funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund
and Sewer Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PW53 488013 060530200040 $37,571.25 PW53 531200 060530200040 $37,571.25
PW53 488023 060530200050 $37,571.25 PW53 531200 060530200050 $37,571.25
PS58 488343 070580200040 $37,571.25 PS58 531200 070580200040 $37,571.25
PS58 488353 070580200050 $37,571.25 PS58 531200 070580200050 $37,571.25
PW53 531200 060530200040 $37,571.25
PW53 531200 060530200050 $37,571.25
PS58 531200 070580200040 $37571.25
PS58 531200 070580200050 $37,571.25
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Dale Fisseler (8207)
Additional Information Contact: Dale Fisseler (8207)
Logname: 60REPORT Page 2 of 2