HomeMy WebLinkAboutContract 33121 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"), and Halff
Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as:
Henderson Street Storm Drain Watershed Planning Study(Phase 2)
City Project No. 00078
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
ENGINEERING CONTRACT(REV 4/14/05)
Page 1 of 15
�Y] .r`J"✓1.YILf Yi:LSO
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
ENGINEERING CONTRACT(REV 4/14/05)
Page 2 of 15
such drawings for any project other than the PROJECT described herein.
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 feasi
ENGINEERING CONTRACT(REV 4/14/05) � � � � `;
Page 3 of 15
lu`L 1 L
c
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 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
ENGINEERING CONTRACT(REV 4/14/05) ?
Page 4 of 15
n
(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
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on 'Any Auto
ENGINEERING CONTRACT(REV 4/14/05)
Page 5o115
ki
V �
defined as autos owned, hired and non-owned when said vehicle is used
in the course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and shall
contain a retroactive date prior to the date of the contract or the first date
of services to be performed, whichever is earlier. Coverage shall be
maintained for a period of 5 years following the completion of the contract.
An annual certificate of insurance specifically referencing this project shall
be submitted to the City for each year following completion of the
contract.
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include its
employees, officers, officials, agents, and volunteers as respects the
contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of forty-five (45) days notice of cancellation or material
change in coverage shall be provided to the CITY. A ten (10) days notice
shall be acceptable in the event of non-payment of premium. Such terms
shall be endorsed onto ENGINEER's insurance policies. Notice shall be
sent to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
ENGINEERING CONTRACT(REV 4/14/05) S7,jj,}' ''�'`•'cJ ,'C1
Page 6of15 I✓u�Ll � ���.1���;t���t
(e) Insurers for all policies must be authorized to do business in the
State of Texas and have a minimum rating of A: VII in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
(f) Deductible limits, or self insured retentions, affecting insurance
required herein shall be acceptable to the CITY in its sole discretion; and,
in lieu of traditional insurance, any alternative coverage maintained
through insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER may
be required to provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions.
Q) For all lines of coverage underwritten on a claims-made basis,
other than Professional Liability, the retroactive date shall be coincident
with or prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance required in
this section, with the exception of Professional Liability, shall be written on an
occurrence basis.
(1) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
ENGINEERING CONTRACT(REV 4/14/05)
Page 7 of 15 ' )
:aC?
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing
of any existing conflicts of interest or potential conflicts of interest, including personal
financial interest, direct or indirect, in property abutting the proposed PROJECT and
business relationships with abutting property cities. The ENGINEER further
acknowledges that it will make disclosure in writing of any conflicts of interest that
develop subsequent to the signing of this contract and prior to final payment under
the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENGINEER could
not have been reasonably aware of, the ENGINEER shall notify the CITY of such
changes and an adjustment in compensation will be made through an amendment to
this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
: ��, _ ,
ENGINEERING CONTRACT(REV 4/14105)
Page 8of 15
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local, state,
or federal authorities; and land, easements, rights-of-way, and access necessary for
the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions required
by the CITY in a timely manner in accordance with the project schedule in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes
or becomes aware of any development that affects the scope or timing of the
ENGINEER's services or of any defect in the work of the ENGINEER or construction
contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER's negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
ENGINEERING CONTRACT(REV 4/14/05) M.V1
Page 9 of 15
The CITY agrees to include in all construction contracts the provisions of Article
W.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for contractor's
negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary of
any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
ENGINEERING CONTRACT(REV 4/14/05) - -o
Page 10 of 15 ?
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time required
for performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will be
at the CITY's sole risk. The CITY shall own the final designs, drawings,
specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by
acts of God, strikes, lockouts, accidents, or other events beyond the control of the
ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
ENGINEERING CONTRACT(REV 4/14/05)
Page 11 of 15
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for convenience so that
the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in connection
with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of negligence
or willful misconduct as determined pursuant to T.C.P. & R. Code, section
33.011(4) (Vernon Supplement 1996).
ENGINEERING CONTRACT(REV 4/14/05)
Page 12 of 15
\.;]1. L �'��::J I'll IIS ILt�!�'•a
7
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict or
statutory liability, or any other cause of action, except for willful misconduct or gross
negligence for limitations of liability and sole negligence for indemnification. Parties
mean the CITY and the ENGINEER, and their officers, employees, agents, and
subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose in
the litigation.
ENGINEERING CONTRACT(REV 4/14105)
Page 13 of 15
i"
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all
orders, laws ordinances and regulations which may exist or may be enacted later by
governing bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to
defend, indemnify and hold harmless CITY and all of its officers, agents and
employees from and against all claims or liability arising out of the violation of any
such order, law, ordinance, or regulation, whether it be by itself or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A—Scope of Services
Attachment B—Compensation and Payment Schedule
Attachment C—Changes and Amendments to Std. Agreement and Attachment A
Attachment D— Project Schedule Bar Graph and Table of Target Dates
Attachment E— Project Location Map
'-51Executed this the day o J , 20
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
1
ENGINEERING CONTRACT(REV 4/14/05)
Page 14 of 15
f� L'119 G�:o
ATTEST: CITY OF FORT WOR
CLLK&V4�� By:1) )� ;r��
Marty Hendrix Assistant Manager
City Secretary
APPROVED AS TO FORM APPROVAL RECOMMENDED:
AND LE LITY
Assista CityAttorney Robert Goode
Director, Transportation/Public Works
ATTEST: ENGINEER
By:
Cont--react Authorizatiox
c )C ULL to IDF)4=t0
Dante
ENGINEERING CONTRACT(REV 4/14/05)
i
Page 15 of 15
ATTACHMENT "A"
HENDERSON STREET STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2)
CITY PROJECT NO. 00078
SCOPE OF WORK
I. STUDY AREA
The study area is limited to the storm drain trunk lines and channels as delineated
on the Location Maps in Attachment E. Any inlets and laterals adjacent to these
trunk lines will be mapped and studied only as necessary to aide in trunk line
mapping and to determine flow routing in a surcharged system.
II. STUDY PURPOSE
Recent and historical data indicates that numerous older storm drain systems in Fort
Worth are significantly undersized, causing widespread flooding in many
neighborhoods. Furthermore, the storm drain systems have not been systematically
inspected in over twenty years, if ever. The primary purposes of this study are to:
A. Develop a consensus methodology for all individual tasks to guide these studies
and lay a framework for future additional studies citywide.
B. Conduct a physical inventory of the storm drain trunk lines and related
appurtenances in the study area.
C. Assess the physical condition of the storm drain trunk lines in the study area and
to identify areas of structural deficiency.
D. Perform hydrologic modeling of the watershed to determine runoff generated at
key design points during the design storms (minimum one-percent and twenty-
percent events).
E. Perform hydraulic modeling of the storm drain trunk lines in the study area using
SWMM 5 (or similar) to document system capacity, amount of surcharge, and (to
the extent practical) overland flow of runoff during design storms. Calibrate
models with available historic flooding information obtained in Phase 1.
F. Evaluate alternatives for improvements, including phasing, levels of protection
provided, detention, flood-prone property acquisition, conceptual alignments for
relief storm drains, and estimated project costs. Develop a recommended
improvement plan for watershed improvements.
III. INVENTORY
A. Surveys and Mapping
1. Conduct field surveys and review of available construction plans as required
to map all existing pipes and structures in the study area in accordance with
the criteria identified in Exhibit "A-1." GIS mapping shall be provided for the
major trunk lines and adjacent appurtenances for those attributes which are
readily collectible, essential for the hydraulic model, and/or reflective of the
condition assessment. Generally, all pipe, manhole, outfall, and feature data
will be collected along the trunks, but inlet data will only be collected where
deemed by each consultant essential to development of the models.
2. Obtain topographic survey as required, when combined with available LIDAR
topography, digital aerial photography, and other available resources, to
determine depths of ponding and routing of overland flows.
3. Conduct field surveys for outfall channels as required to determine down-
stream tailwater effects on the storm drain system. [If applicable] Conduct
field surveys on any open channel reaches within the study area to obtain
channel cross sections, structural configurations, and to perform hydraulic
routing of design runoff.
B. Physical Assessment
Conduct a visual walk-through and/or internal television inspection of the trunk
storm drains in the study area. Map all encountered features as described in
Exhibit "A-1."
Document all unusual conditions found, including structural problems, permanent
or temporary obstructions, protrusions, holes, and other notable conditions.
Assess the severity of each defect, approximate stationing, estimated blockage
area, potential for void outside of pipe, and related hazardous conditions. If a
defect is found with imminent threat of collapse, City staff shall be notified
immediately. If serious conditions or maintenance needs (e.g., lodged tree limbs,
holes with minor voids, etc.) are found, City staff shall be notified in a brief status
report within a week. Engineer will not perform walk-through inspections.
C. Deliverables
1. Incorporate the findings above into a basin-wide ArcGIS Version 8 GIS
database geo-referenced to the NAD 1983 State Plane Texas North Central
Coordinate System and North American Vertical Datum of 1988, using
standard GIS database tables provided by City and other information
described in Exhibit "A-1." Deliverables shall include electronic and printed
copies of the GIS maps and database of storm drain system.
2
2. Prepare a report (electronic and printed) summarizing study methodology and
findings. Also, identify any structural deficiencies or related problems found,
with assessment of severity and priority for rehabilitation. Provide copies of
tapes and logs for television inspection, and copies of logs and photographs
of walk-through inspections.
IV. MODELING
A. Prepare an existing conditions model of the existing storm drain system using
SWMM 5 with an acceptable methodology. Open channel reaches shall be
modeled using SWMM 5 or HEC-RAS as appropriate. Model ponding depths
and overland flow quantities and routes using data obtained in §III.A.2 above.
B. Perform a historical high water mark simulation/validation with the hydraulic
models using available historical rainfall and flood observation data.
C. Execute the calibrated model to develop flood flows, storm drain capacities,
ponding depths, and overland flow elevations for the 2-year, 5-year, 10-year, 25-
year, 50-year and 100-year events. [City may consider 5-year and 100-year only
if it makes a significant difference in level-of-effort involved.]
D. Map all identified flood-prone areas and, to the extent practical, identify which or
how many structures may be subject to inundation.
E. Deliverables shall include electronic versions of the models, as well as summary
presentation exhibits to be determined based on the modeling results. Also
included will be a report summarizing study methodology and results.
V. IMPROVEMENT PLAN
A. Following completion of existing conditions analysis, coordinate with City staff to
assist in the development of potential alternative solutions. Formulate no more
than three (3) conceptual alternative solutions to address structural and/or
flooding problems, including storm drain improvements, channel improvements,
detention, etc. Alternative flooding solutions shall be designed for a 100-year
level of protection, as well as for lower levels of protection as may be appropriate
based on modeled conditions. Alternative solutions shall also consider interim or
phased implementation and the viability of improving upstream deficiencies prior
to downstream deficiencies as conditions warrant.
B. Prepare proposed conditions computer models for each alternative solution,
including any interim and/or multi-phased solutions.
C. Develop a brief cost-effective analysis for each alternative based on estimates of
approximate flood damage benefits and probable project (design an
3
construction) costs, with consideration given to easement and right-of-way
acquisition and utility relocation requirements.
D. Deliverables shall include five (5) hard copies of a report summarizing
methodology for development of the improvement plan, together with a summary
of alternatives investigated and recommended improvement plan. Improvement
plan shall include proposed prioritization, phasing and a summary of project
opinions of probable construction costs. Electronic deliverables shall include
final report, alternatives models, and GIS mapping of recommended
improvement plan showing preliminary alignment and sizing.
VI. OTHER SERVICES
A. Meetings
1. Watershed Planning Study Group meetings: six meetings over the course of
the project (likely two each for inventory, modeling and improvement plan).
Their purpose is for decisions regarding changes or clarifications to study
methodology, to discuss and coordinate field issues, modeling issues or other
issues affecting multiple studies which may arise.
2. Individual meetings with City staff: six meetings over course of project,
including kickoff meeting, one meeting each to discuss findings after
mapping, inspection, and modeling phases, and two meetings during
development of improvement plan.
3. Stakeholder meetings: four meetings over course of project with City staff to
present and discuss goals and findings with City Council and/or public
stakeholders.
B. Presentation Materials
In addition to report deliverables, additional presentation materials may be
needed from time to time for communications to City Council and the general
public. These materials may include presentation maps, color handouts, PDF
files for City's web page, PowerPoint® presentations, and the like.
C. Additional Services
Due to the uniqueness of this study, additional services may be required as the
study progresses. These services shall be agreed upon by both City and
Consultant and shall be authorized only by written approval by the City.
EXHIBIT "A-1"
(SUPPLEMENT TO ATTACHMENT A)
HENDERSON STREET STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2)
CITY PROJECT NO. 00078
GIS COLLECTION DATA FOR WATERSHED PLANNING STUDIES
Pipes (Lines) Inlet or Incoming Pipe Orientation'
Identifier(to be determined) Outgoing Line/Stream Orientation'
Condition
Plan File Number
PComments2
Pipe Size
Pipe Shape Features (Points)
Cross-Sectional Area Identifier(to be determined)
Pipe Material Type
Construction Date
Upstream XY Junctions
• Vertical Bend
Upstream Flowline Elevation
Downstream XY 0Horizontal Bend
Downstream Flowline Elevation • Point of Curvature
Upstream Plan Flowline Elevation • Point of Tangency
Downstream Plan Flowline Elevation • Change of Size
Upstream Connection • Obstruction
Downstream Connection • Protrusion
Length • Other:
Slope Plan Station/Location
Radius Plan Elevation
Condition Estimated XYZ
Comments Obstruction/Protrusion Type
Estimated Blockage Area
Structures (Points) Condition
Identifier(to be determined) Comments
Structure Type
Manhole Notes:
• 'Orientation = compass bearing
• Inlet 2Information collected for inlets at this
• Outfall time
Size/Shape/Length2
Material2
Construction Date
Measured XY2
Measured Flowline Elevation
Plan Flowline Elevation
Top of Rim/Curb2
Address/Location2
Inlet Type 2
J ,
ATTACHMENT "B"
HENDERSON STREET STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2)
CITY PROJECT NO. 00078
COMPENSATION AND PAYMENT SCHEDULE
A. The Engineer shall be compensated a total project fee of $286,640.00, including
a lump sum fee of $282,640.00 for Basic Services and $4,000.00 for Additional
Services. Payment of the total lump sum fee shall be considered full
compensation for the services described in Attachment "A" for all labor materials,
supplies and equipment necessary to complete the project.
B. The Engineer shall be paid in accordance with "Exhibit B-1", Supplement to
Attachment B. Each invoice from the Engineer shall be verified as to its accuracy
and compliance with the terms of this contract by an officer of the Engineer.
C. Additional Services as outlined in Task VI.0 of Attachment "A", Scope of Work,
shall be billed and paid on an hourly basis for actual hours worked at an hourly
billing rate as provided in Exhibit "B-2". No Additional Services will be billed
without prior written authorization from the City.
D. Total project fees including MW BE participation is provided in Exhibit "B-3A".
E. Professional Services Fee summary is provided in Exhibit "13-313".
1 r
aa
G n^
J �t
EXHIBIT "B-1"
(SUPPLEMENT TO ATTACHMENT B)
HENDERSON STREET STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2)
CITY PROJECT NO. 00078
METHOD OF PAYMENT
PROGRESS REPORT REQUIREMENTS
I. Method of Payment
Partial payment shall be made to the Engineer monthly upon City's approval of an
invoice from the Engineer outlining the current labor and expenses of the total
project. The aggregate of such monthly partial fee payments shall not exceed the
following:
Until satisfactory completion of Attachment "A", Task III, submittal and approval by
the City, a sum not to exceed 55 percent of the total Basic Services fee.
Until satisfactory completion of Attachment "A", Task IV, submittal and approval by
the City, a sum not to exceed 80 percent of the total Basic Services fee.
Until satisfactory completion of Attachment "A", Task V, submittal and approval by
the City, a sum not to exceed 95 percent of the total Basic Services fee.
The balance of fees, less previous payments, shall be payable after delivery of the
FINAL report and electronic files.
Additional Services as outlined in Task VI.0 of Attachment "A", Scope of Work,
shall be billed and paid on an hourly basis for actual hours worked at an hourly
billing rate as provided in Exhibit"B-2". No Additional Services will be billed
without prior written authorization from the City.
II. Progress Reports
A. The Engineer shall submit to the designated representative of the Director of
the Department of Transportation/Public Works monthly progress reports
covering all phases of the analysis in the format required by the City.
B. Periodic reports concerning MWBE participation shall be submitted as required
by the MWBE Office.
. r IQI;;1 °. 15 JJ
77�U,u \ L 1
G''{ t
B-1 ��U 7
j .i;' 1i�';C I U I'1-
EXHIBIT "B-2"
(SUPPLEMENT TO ATTACHMENT B)
HENDERSON STREET STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2)
CITY PROJECT NO. 00078
HOURLY RATE SHEDULES
A summary of current hourly billing rates is provided below:
Principal-in-Charge $185 — $210
Project Manager $120 — $160
Senior Professional Engineer $105 — $118
Junior Professional Engineer $85 —$95
Engineer-in-Training $70 — $85
Sr. GIS $85 — $105
Jr. GIS $55 — $70
Engineering Intern $30 — $55
CADD Technician $55 — $85
Clerical $45 — $60
B-2
EXHIBIT "B-3A"
(SUPPLEMENT TO ATTACHMENT B)
HENDERSON STREET STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2)
CITY PROJECT NO. 00078
SUMMARY OF TOTAL PROJECT FEES
Consulting Firm Prime Responsibility Amount Percent
Halff Associates, Inc.:
Engineering, Surveying, Proj. Mgmt. $226,640 79%
Engineering Solutions
And Technology, Inc.
Television Inspection Services $60,000 21%
Totalfor Professional : . . 1 11'
Project Description Scope of Services Total Fee MWBE Fee Percent
Engineering Servies (see below) $286,640 $60,000 21%
Engineering Solutions and Technology, Inc. shall participate in performing portions of the
following Tasks as outlined in Attachment "A": 3.13 and 3.C.2.
Non-MW BE Participation
None 0%
"r c
B-3A
EXHIBIT "13-36"
(SUPPLEMENT TO ATTACHMENT B)
HENDERSON STREET STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2)
CITY PROJECT NO. 00078
PROFESSIONAL SERVICES FEE SUMMARY
Service Description Task III A Task III B Task IV Task V Total
Task Code* 14 15 16 30
Engineering Services $28,500 $22,500 $65,500 $53,500 $ 170,000
Surveying Task Code 51** $38,640** $ 38,640
Televised Inspection $60,000 $ 60,000
Task VI. A & B Work $1,000 $1,000 $1,000 $1,000 $ 4,000
Task VI. D $2,500 $2,500 $2,500 $2,500 $ 10,000
Basic Services Lump Sum $70,640 $86,000 $69,000 $57,000 $ 282,640
Additional Services (Task VI.C)*** $1,000 $1,000 $1 ,000 $1,000 $ 4,000
Project Total $71,640 $87,000 $70,000 1 $58,000 1 $ 286,640
Notes:
* Invoices shall identify each task code for City funding purposes.
** All survey work shall be identified by Task Code 51 regardless of work phase.
*** Other Services under Task VI. may be accrued at any time as authorized by City.
B-3B I
ATTACHMENT "C"
HENDERSON STREET STORM DRAIN WATERSHED PLANNING STUDY (PHASE 2)
CITY PROJECT NO. 00078
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES
AMENDMENTS TO THE STANDARD SCOPE OF SERVICES, ATTACHMENT A
I. Amendments to the Standard Agreement for Engineering Services — N/A
II. Amendments to the Scope of Services —Attachment A. The following
amendment addes Task VI. D. to the standard Scope of Services.
Task VI. OTHER SERVICES
D. Watershed Planning Studies Program Assistance Services
A. Coordination Assistance
1. General guidance on overall goals and specifications to meet City
objectives for planning studies. Meet with City staff to confirm
objectives and develop schedule for organizational assistance
and possible future grant assistance.
2. Coordinate standard GIS data from City staff, including 2004
aerial topographic mapping and orthophotography.
3. Coordinate GIS data format, classification and structure with City.
4. Coordinate common classification of storm drain system
inventory, including naming conventions and data base structure.
5. Coordinate additional data formats, such as field notes, photos
and field verification of structure size and characteristics.
6. Coordinate training for storm water analysis software selection.
B. Organizational Assistance
1. Assist City staff in conducting an initial kickoff meeting to discuss
the overall program study approach.
2. Assist City with schedule progress and monitoring r - �, l ��;� j ':0'
3. Assist City staff and Consultant Team (via telephone and e-mail)
to address comments and questions.
C. Meetings and Deliverables
1. Review Meeting— Engineer will prepare for and attend a Review
Meeting with the City to discuss progress and data deliverables
from studies.
2. Watershed Planning Study Group Meetings—Engineer will
prepare for and attend up to four (4) Study Group meetings with
the City and its consultants to discuss modeling issues and
develop standards and protocols for the watershed planning
studies.
C2 C'ip J ,,,
ATTACHMENT D
SCHEDULE
HENDERSON STREET STORM DRAIN WATERSHED PLANNING STUDY(PHASE 2)
CITY PROJECT NO.00078
Halff Associates,Inc.
Sun M. Completion
Task No. Description Date Dec-05 Jan-06 Feb-06 Mar-06 Apr-06 May-06 Jun-06 Jul-06 Aug-06 Sep-06 Oct-06 Nov-06 13-06 Jen-07
NOTICE TO PROCEED 1-Deo-05 _—�5 I I I
Task III-A Surveys and Mapping 1-Dec-os1-Apr-os
Task III-8 Physical Assessment 1-Der,-ee 1-Jul-06
Task IV Modeling Jan os Auy_os
Task V Improvement Plan 1-May-06 1-0ct-06
Task A Other Services 1-Dec-05 1-.Jan-07
Proposed Schedule
Actual Schedule -
` C;�J
HENDERSON STREET STORM DRAIN WATERSHED PLANNING STUDY(PHASE 2)
City Project No.00078
Halff Associates,Inc.
Activity Task Task Description Start Date End Date
Number Month/Day/Year Month/Day/Year
Notice to Proceed 12/1/2005
1 III-A Surveys and Mapping 12/1/2005 4/1/2006
2 III-13 Physical Assessment 12/1/2005 7/1/2006
3 IV jModeling 1/1/2006 8/1/2006
4 V Improvement Plan 5/1/2006 10/1/2006
5 VI Other Services 12/1/2005 1/1/2007
�. � � YEN.
Y
-I
e
r F
. ,
i _ e
4 e
d
p� ,
x i
Y=
� S _
r
q �
`tee,.
a. ''•' mow. :.�.,. .......��
x,✓IEa,.' .._� ,fig � _.srt.. -,..a,.
�f y
s
F
2.
g
Attachment E- -
Location Map
FORT WORTH -ry . a
Transportation and Public Works Depattmel7,10
_ — R'
2004 CW WATERSHED �` "�" r_
PLANNING STUDIES
r
I
HENDERSON � _- ��b_ �� - —� ,; go-
STORM DRAIN SYSTEM - �.'a ,.r . . '
,
WATERSHED MAP n. - =
vv _7
0 250 500 1 000 --
Feet
Legend -
Storm Drains
42"and Larger
Watershed
03 ZONE
A
X500 ... Halff Associates
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/10/2006
DATE: Tuesday, January 10, 2006
LOG NAME: 20HENDERSON REFERENCE NO.: **C-21239
SUBJECT:
Authorize Execution of Engineering Agreement with Halff Associates, Inc., for the Henderson Street
Storm Drain Watershed Planning Study, Phase 2 (City Project No. 00078)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Halff Associates, Inc., in the amount of $286,640.00 for the Henderson Street Storm Drain Watershed
Planning Study, Phase 2.
DISCUSSION:
The 2004 Capital Improvement Program (CIP) includes $1,300,000.00 for Watershed Planning
Studies. These studies are designed to provide a detailed assessment of the condition and capacity of
several older storm drain systems and to develop an improvement plan for each.
Halff Associates, Inc., recently completed Phase 1 of this study, which consisted of background work for a
grant application and development of a detailed scope for the Phase 2 study,
This phase includes detailed mapping and inspection of the major trunk lines within this storm drain system,
hydraulic modeling, and development of a detailed improvement plan to be implemented as funding
becomes available. Halff Associates, Inc., proposes to perform the study for a lump sum fee of
$286,640.00. City staff considers this fee to be fair and reasonable for the scope of services proposed.
Halff Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to 21% M/WBE
participation.
This project is located in COUNCIL DISTRICTS 8 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Street Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C200 531200 209280007814 $33.000.00
C200 531200 209280007815 $87,000.00
C200 531200 209280007816 $70,000.00
C200 531200 209280007830 $58,000.00
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006
Page 2 of 2
C200 531200 209280007851 $38,640.00
Submitted for City Manager's Office b Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: George Behmanesh (7914)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006