HomeMy WebLinkAboutContract 34263CITY SECRETARY
CITY OF FORT WORTH, TEXAS CONTRACT No. SECRETARY
AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and HDR
Engineering, Inc. (the "ENGINEER"), for a PROJECT generally described as: Development Of
Water and Wastewater Utilities Growth Management and Extension Policies for the
Extraterritorial Jurisdiction of the City of Fort Worth, Texas.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of
suspension of services, the ENGINEER sh iability to CITY for
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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.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on -site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on -site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If, for any reason, the ENGINEER should
make an on -site observation(s), on the basis of such on -site observations, if
any, the ENGINEER shall endeavor to keep the CITY informed of any
deviation from the Contract Documents coming to the actual notice of
ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
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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
jss.�d
In accord with City of Fort Worth Ordinance No. 1-33-699- 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
(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",
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. Under no
circumstances shall a "claims -made and reported policy or provision" be
acceptable to the City.
(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.
(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.
0) 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.
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.
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
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
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.
(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.
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
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
Executed this the day of , 20
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
ATTEST:
NattlL
martyHe ndrix
City Secretary
APPROVED AS TO FORM
AND LEGALITY
Contract AuthorizatioR
—J-L- I I- �4
Date
ATTEST:
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CITY OF FORT WORTH
By:
Marc A. Oft
Assistant City Manager
APPROVAL RECOMMENDED
S.4W
Frank Crumb, P.E.
Director, Water Department
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ENGINEER
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L I
- Attachment A -
Scope of Professional Services for
DEVELOPMENT OF WATER AND WASTEWATER UTILITIES
GROWTH MANAGEMENT AND EXTENSION POLICIES
FOR THE EXTRATERRITORIAL JURISDICTION
OF THE CITY OF FORT WORTH, TEXAS
1.0 INTRODUCTION
Not unlike many other large cities in Texas and the United States, the City of Fort Worth
is facing increasing challenges in providing municipal utility services for both its own
rapid growth, and potentially, the adjoining suburban areas. Some of these challenges
include:
Defining and facilitating the City's near- and long-term growth and annexation
goals with good urban planning, utility planning, and ultimate fiscal impact in
mind.
Assuring the provision and extension of quality municipal utility services, where
appropriate,
Addressing issues where the City's near -term and future growth is abutting up to
and overlapping other certificated utility jurisdictions,
Assessing the implications of the decertification of some certificated areas to
allow other utility suppliers to provide service,
Evaluating and properly managing the growing use of the Municipal Utility District
(MUD) funding vehicle used as a means of funding/subsidizing private utility
development,
Assuring that City costs for managing this growth are properly recovered, and
Protecting the environment in the surrounding suburban area that affects the
City.
These issues are not conceptual, but current and pressing. The issues can affect the
future size and look of the City, its quality of life, its financial health, its environmental
amenities, and the affordability of quality utility services.
The City of Fort Worth has asked HDR Engineering, Inc. to assist the City in better
defining these issues, assessing the near- and longer -term effects of this growth on
Fort Worth, and developing appropriate assessment tools and policies to strategically
manage the provision and extension of water and wastewater utility service in its
extraterritorial jurisdiction (ETJ) or beyond.
For the City's review and consideration, HDR has defined the following efforts to assist
Fort Worth in that regard.
2.0 SCOPE OF SERVICES
2.1 Task 1 — Facilitate Initial Staff Workshop to Identify and Evaluate
Existing/Known Planned Conditions, Regulatory Setting, and Study Issues
HDR will facilitate an initial staff workshop to identify and evaluate known and planned
development conditions, the legal and regulatory setting, and key issues facing the City
which need to be addressed in this effort. It is expected that this workshop will take
about %2 day and that the City's Utilities staff will coordinate attendance of other Utilities
and other Department staff as desired.
As requested by City staff and in order to keep this consulting budget to a targeted
level, HDR has only budgeted for facilitating and documenting the meeting. It is also
assumed that City staff will conduct any background research needed and bring to the
workshop the needed maps and materials to support this discussion.
Issues to be examined in this initial workshop will include:
• Discussing current city policies and plans,
• Reviewing existing funding, financing and cost -sharing tools and policies,
• Identifying neighboring government jurisdictions and service areas,
• Discussing service capabilities of other neighboring utilities,
• Outlining recent and anticipated development patterns and known/planned
projects,
• Discussing how MUDs and CCNs affect cities and why they are an issue,
• Overviewing legal and regulatory issues, and
• Reviewing others cities' experiences,
The intent of this work session is to "do the homework" on the background setting that
define existing law and policy, municipal and utility jurisdictions, existing funding tools,
current development patterns, and understanding how these ETJ issues can affect the
City's future growth and development. The outcome of this workshop will be a greater
understanding by City and HDR staff of the growth and utility extension issues facing
Fort Worth. HDR will document these proceedings.
2.2 Task 2 — Facilitate 2"d Staff Workshop to Identify/Evaluate Future Growth
Patterns, City Planning and Policy Goals, and Implications for Utility Master
Planning and Provision of Services
This second workshop will build on the results of the first one. The intent of this effort is
to "start with the end in mind" and vision what the City wants to "look like" in 30 years.
This second workshop will discuss:
What policies or actions can facilitate that vision happening?
Where does the City want to grow and not want to grow?
Will the future City and ETJ limits overlap other utility service areas?
Under what conditions are utilities extended beyond the City limits?
Are there partnering opportunities or other interim service opportunities?
What are the factors that govern the City's annexation decisions?
And many more issues.
Desired outcomes of this discussion include:
• Projecting most likely near- and long-term development patterns and City
boundaries,
• Identifying City goals as they relate to growth and utility expansion,
• Reconciling this vision with the Comprehensive and Utility Master Plans,
• Understanding legal and regulatory constraints and opportunities, and
• Defining a planning and regulatory platform for ETJ policy -making.
HDR will document these proceedings.
2.3 Task 3 — Identify and Assess Policy Alternatives
With the input from these two workshops, HDR will then identify various policy
alternatives as they relate to utility service extensions, avoiding or conditioning MUD
creations, facilitating CCN amendments, making fiscally prudent annexation decisions,
and funding mechanisms needed to manage and provide for growth.
Each of the policy alternatives will be evaluated by relevant criteria, such as:
✓ Promotion of City policy goals,
✓ Legal defensibility,
✓ Fairness and equity,
✓ Effectiveness,
✓ Assurance of quality development and utilities,
✓ Fiscal effects on the City,
✓ Affordability to tax- and rate -payers and homebuyers,
✓ Promotion of economic development, and
✓ Environmental protection.
The deliverable from this effort will be a series technical memoranda and policy
matrices that examine the pros and cons of various policy approaches and issues. This
will provide a platform for subsequent workshops to build consensus on desired
approaches and make recommendations to City management and the City Council.
2.4 Task 4 — Build Consensus, Make Recommendations and Support City
Decision -making
With the background information and policy alternatives research previously conducted,
HDR will then facilitate one or more subsequent workshops with internal or external
stakeholders to:
• discuss and evaluate the pros and cons of policy alternatives related to utility
extensions, MUDs, CCNs, utility funding, and possible administrative fees and
charges;
• build consensus on favored approaches;
• develop recommendations to be forwarded to City decision -makers; and
• provide technical support to the City Council in its deliberations on these policies.
Given that the extent of these activities is somewhat unknown at this time, HDR has
budgeted for only one staff workshop to review the policy alternatives, but can perform
more on an as -requested, additional per diem basis.
2.5 Task 5 — Develop Evaluation and Implementation Tools
To support the implementation of these policies, HDR will also:
- identify application submittal requirements for utility extensions, MUD consent,
and CCN decertification, as well as recommendations as to how these should be
processed;
- recommended appropriate processes for Departmental and City decision -
making, including initial policy development and review, implementation
responsibilities, and resources required;
- develop draft ordinances or model agreements relating to utility extensions, MUD
consent policy, CCN partnering, and fees and charges associated with
processing requests for service; and
- develop a Fiscal Impact Model that will allow for the input of typical new
development information, City expense and revenue parameters, and other
various planning and financial assumptions and provide the City with an
indication of when annexation would be financially advantageous.
The deliverables from this task will include technical memoranda as to recommended
submittal requirements, draft ordinances or model agreements, and a spreadsheet -
based fiscal impact model. HDR can provide on -going implementation support on an
as -requested, additional per diem basis.
3.0 SCHEDULE
HDR proposes to complete various defined tasks of this scope of services within a four
month period from receipt of Notice to Proceed. Additional, unscoped stakeholder
coordination or other requested activities may extend this completion date.
As our scope does not contain efforts for background research in Tasks 1 and 2 and we
do not have direct control over the timing of staff workshops, HDR's schedule is
dependent upon the timely provision of information, product review, and workshop
scheduling by City staff.
It is understood that some efforts, such as defining information submittal requirements
for out -of -city service requests, may be advanced in the HDR schedule to address near -
term needs of the City.
FIGURE 3.1
ANTICIPATED SCHEDULE
Activitv
Task 1- Facilitate Initial Workshop
Prepare for and Facilitate Staff Workshop
Reporting
Task 2 - Facilitate Second Workshop
Prepare for and Facilitate Staff Workshop
Reporting
Task 3 - klentity and Assess Policy Alternatives
Develop Policy Alternatives Analyses
Reporting
Task 4 - Build Consensus, Make Recommendations, Support DeclelonMaking
Prepare for and Facilitate tntemal/Extemal Workshops
Reporting
Task 5 - Develop Evaluation & Implementation Toole
Develop Fiscal Impact Model
Identify Processes for Depart./City Decision -making
Develop Model Agreements & Ordinances
Develop Admin. Fees and Charges
On -going Supper
Staff Workshops
Month f Month 2 .,k, Mcmth 3 L Month 4
!"u �� "
I® X
X
JAl,
r
Month 5
77,
s s Ill
I11110144,
I'
6f15
r
4
4.0 PROJECT TEAM
The proposed project team is shown in Figure 2. Mr. Tony Bagwell will service as the
HDR project manager. Mr. Bagwell is a Senior Economist and Vice President with HDR
and has over 30 years experience in utility planning, regulation and finance. Mr. Rick
Brooks is an HDR Vice President and will service as the HDR project principal. Ms.
Susan Morgan, CPA will provide the quality control review.
Mr. Bagwell will be assisted in the policy/regulatory aspects of this effort by Ms. Gwen
Webb of Webb and Webb, PC (subcontractor). Mr. Terry Foyt, P.E. of HDR will assist
on planning and utility issues. The entire project team has lengthy experience in a wide
array of utility issues with special expertise in ETJ, utility extension, and special
district/CCN areas.
Figure 2
Proposed Project Team and Roles
Contract Manaoer
Paul Bounds
(City of Fort Worth)
Proiect Manaoer
Tony Bagwell
(HDR)
. . ... .....
.............. . . . .....
Proiect Princieal QA/QC
Rick Brooks - Susan Morgan
(HDR) (HDR)
Planni ' FjnancFa)
�tg�needng
'terry
1�ol�cv Mato
lebb
Reg�rtns lC srd�na
Tony.gagwellV`I; y
µ�,
Foyle, PE »
GWen
TonJyByagwell
(HuR).�
' I IIII I
i� (HDR):..
I IIIIII � III
y �fl111Y'�
� �. I I
.11'irtl 'h
I I II I � II
- Attachment B -
Engineer's Compensation
As detailed below, HDR proposes a lump sum study budget of $105,000. Billing will be
made monthly based on a percent complete basis.
PROPOSED BUDGET
CITY OF FORT WORTH WATER UTILITIES - DEVELOPMENT OF UTILITY -RELATED ETJ POLICIES
Task 2 - Facilitate Second Workshop
Prepare for and Facilitate Staff Workshop
Coordi tion and Reoortino
Task Subtotal
Task 3 - Identify and Assess Policy Alternatives
Develop Policy Alternatives Analyses
ordination and Reporting
ask Subtotal
Task 4. Build Consensus, Make i3aaannterldatioM, Support )3eUslon-IWaklnp
Prepare for and Facilitate Staff Workshop
Coordination and Reporting
Prepaje for and Facilitate InternallExtemal Workshops
Task tut i
Task 5 - Develop Evaluation & Implementation Tools
Identify Processes for Depart./City Decision -making
Develop Fiscal Impact Model
Develop Model Agreements & Ordinances
Develop Admin. Fees and Charges
On'. nq Support
Task Subtotal
12 a
20
$ 3,720
a 2 6
16
$ 2,207
20 10 - 6
36
5,927
60 16 16
92
$ 16,591
24 6 6 8
44
$ 6,932
84 22 22 8
136
23,523
12 8
20
3,720
8 2 6
16
2,207
provided on 8 oer diem basis as requested
20 10 6
36
5,927
12 8 4
24
$ 3,931
36 8 56
100
$ 16,145
36 10 4
50
$ 8A97
6 20
26
$ 3,043
provided on per diem basis as requested
90 26 76 8
200
32,916
Total Labor Hours
234
78
98
34
444
Total Labor Expense
$ 44,975 , -
13,783
$ 13,671
$ 1,792
$ 74,220
B. NONAASOR EXPENSES
Unit
Trial
Kam ,
t latNkv
Price
cost.
AkfaM jAustiril")
a
kips
$ 220
per trip
$ 1.320
Car Rental
10
days
$ 55
per day
$ 550
Lodging
4
days
$ 85
per day
$ 340
Per Diem
12 person -days
$ 40
per day
$ 400
Technology Charge
444
hours
$ 4.10
per hour
$ 1,820
Communications (telephone, FAX, mail)
1
'm
$- 150
I.S. --
$ 150
Rim
15t1i
ea.•
� 5
Ls.
$
-�T'6�0
%tall�on4:eborExparwles
;
C. SUBCONTRACTOR EXPEN3 , and Webb, PC)
$
D. TOTAL BUDGET;
Page 1 of L
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/17/2006 - Ordinance No. 17239-10-2006
DATE: Tuesday, October 17, 2006
LOG NAME: 60HDR REFERENCE NO.: **C-21780
SUBJECT:
Authorize the Execution of an Engineering Agreement with HDR Engineering for the Development of
Water and Wastewater Utilities Growth Management and Extension Policies for the Extraterritorial
Jurisdiction of the City of Fort Worth and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water and Sewer Fund by $106,000 from available funds; and
2. Authorize the City Manager to execute a contract with HDR Engineering in the amount of $106,000 to
assist the Water Department in assessing the near and long term effects of providing water and wastewater
service to special utility districts and in developing appropriate assessment tools and policies to strategically
manage the provision and extension of water and wastewater utility service in its (Extraterritorial
Jurisdiction) ETJ.
DISCUSSION:
The City of Fort Worth is facing increasing challenges in providing municipal utility services for its rapidly
growing areas and the adjoining suburban areas. The City of Fort Worth Water Department asked HDR
Engineering, Inc., to assist in reviewing current policies and procedures and develop appropriate
management tools to effectively manage the extension of water and wastewater services into our
ETJ. HDR Engineering has extensive experience in this field and has recently completed similar studies in
the Austin, Texas area. The study will take place over a four -month period and will:
Evaluate and manage the Municipal Utility District (MUD) funding vehicle as a means of
funding/subsidizing private utility development;
Assure that City costs for management of water and wastewater services in the ETJ are properly
recovered;
Address issues where the City's near -term and future growth is abutting and/or overlapping other
certificated utility jurisdictions;
Assess the implications of the de -certification of some certificated areas to allow other utility suppliers
to provide service;
Assure the provision and extension of quality municipal utility services, where appropriate; and
Protect the environment in the surrounding suburban area that affects the City.
HDR Engineering, Inc., is in compliance with the City's M/WBE Ordinance by committing to 25 percent
M/WBE participation on this project. The City's goal on this amendment is 25 percent.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/9/2006
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of
the Water and Sewer fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 493012 0601000 $53,000.00 PE45 539120 0602502 $53,000.00
PE45 493022 0701000 $53,000.00 PE45 539120 0702502 $53,000.00
PE45 539120 0602502 $53,000.00
PE45 539120 0702502 $53,000.00
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/9/2006