HomeMy WebLinkAboutContract 35817�1TY �ECRETiqRY�
CITY OF FORT WORTH, TEXAS CD�TRACT ty(� e
ST�►NDQ► �^-v AGREEMENT FOR ENGIf�!-EEF�ING SERVICE�
7his AGREE�JIENT is aefinreen the City �f �ort Worth (the "CITY"), and Boydston
Designs, Inc., (the "E���GINEER"), for a PRO.,'ECT generally described as: Storm Wa��r
Utility-�roiect — South CrestwQod Drai.nage Im�rovemPnts
Artr�l� i
Scope of Services
A. T��-Scope of Services is set forth in Attachment A.
Articie Ii
Gornpensatien
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payrrient
Payments to the ENGINEER will be made as follows�
Invoice and Payment
The Engineer shall provide the City sufficient documen�a#�on to reasona�ly
substantiate the invoic�s.
Ti�c ENGINEER �tiill issue monthlv invoices for all work NerFormed under th�s
RGRttME�T. Invoices are due and payable within 3u daYs of receipt.
Upon completion of services enumerated in Article I, the final payment of any
balance will-be due within 3G days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that porti�n �� contested_
will be withheld fror.?-payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contestirg any bill or portion thereaf. No
interest will accrue on d�-�y contes�ed po�tion of the billing until � � �utually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full, including interest. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 1 of 20
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Article I�►'
Obliaations of the Engin_eer
Amendme�ts to Article i�J, if any, ar�-included-i�-A�tachmPnt C.
A. Ger�eral
The ENGINEER will serve as the CITY's professionaf engineer_ing
repre$entative un�+�r +his Agreement, providing -professio�al engineering
consultation ar� advice a�� furnishing customary services incidental thereto.
B. Standard of Care
Tne stand�rd of care applicable to the �NGINE�R's s�r�ices will be the
degree of skill and �+i��gen�e normaiiy employed in the Stafe 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 ihe nPcessity for
subcontract work such as special surveys, tests, test borings, or other
subsurFace inves#irations in connecti�aR with design and engineering
work to be psrformed hereu�der. 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
ir P.ttach�nent A.
(2) In soils, foundatior, yro_undwater, and other subsurface investigations,
the actual characteristics may ��ary significantly befinreen suc�essive te�t
points and sample intervals ar� at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, chanqed or
unanti�in�ted underground conditions rray occur that ccaid affect thP
fotal PROJECT cost and/or execution. These conditions and
costiexecution enects are not the res�onsibility of the ENGINEER.
�. Preparation of Engineering Drawings
The ENGINEER will qrovide to the CITY the original drawings of all plans in ink
on reproducible plastic film sheets, or as otherwise approved by CITY, which
shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable
for the use of such drawings for any project other than the PROJECT
described herein.
STANDARD ENGINEERING AGREEMENT (REV 10/06/OS)
Page 2 of 20
E. Engineer'� P�rsonnel at Construction Site
(1) The presence or duties of the ENi�INEER's personnel at � �onstructi�n site,
wf�ether as on-site representatives or otherwise, do n�+ make the ENGlNEER
cr its personnel in any way responsible for tho�. duties �hat befong to the
CITY and/c; the �ITY's constructian contractors er other entities, and dc�-�ot
relieve the cor�struction con#ractors or any other en#;ty of their obligaiions,
dutie�, and resNonsibilities, including, bui not limiteu to, all construction
methods, means, techniques, sequences, �nd p,�cedures neces��ry fc�
coordinating and completing all portions of the construction work in
accordance �nrith the ��ntract Gocuments an�+ ar� health or safety precaution�s
reGuireu by such consiruction work. The ENGINEE� and its personnel have
no a�!#hority to exercise any control over any con�truction contractor _or _qther
entity or their employees in connection with their work or any health or safety
�recautior�s.-
(2) Except to the e�ent 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 �nr]th the progress
o� quality of the com�ieted work on the PROJECT �r to determine, in generai,
if #he work on the PROJECT is being perFormed in a manner indica#ing that thP
PROJECT, when completed, will be in accordance v!�ith the Cont� act
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be consirued as requiring ENGINEER to make
exhaustive or continuous on-site inspections to discover latent defects in the
work or otherwise check the quality or quant;ty of the work cn the PROJECT.
If, for any reason, the ENGINEcR should make an on-site observ�tion(s), on
the basis of such on-site observations, if any, the ENGINEER shall endeavor
t� keep the CITY informed of �ny de��iation from the Contract Document�
ccming to the actual notice of ENGINEER regarding #"� PRpJECT.
(3) Whe� � professional certifica+ion oT perFormance or chara�teri�#ics of ma�erials,
systems or equipment is �easonably required to perform tne servic�s set foRh
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish maferials, systems or equipment and perFormanc�
criteria to be required in the Contract Gacuments.
F. Opinions of Probable Cost, Financiai Considerations, and Sched�u[es
(1 j The ENGINEER shall previde opinions of probable costs based on t�e
current available information at the time of preparation, ir 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
maintenance costs; competitive bidding procedures and market
STANDARD ENGINEERING AGREEMENT (REV 10/06/OS)
Page 3 of 20
conditions; time or quality of pprFormance by third parties; qualitv; type,
management, or direction of operating personnel; and other Pconomic
and operational factors that may materially affect the uliimate PROJECT
cost or schedule. Th�iefore, the ENGi'iVEErc makes no warranty that the
CITY's actual PRGJE�T costs, finan�ial aspects, economic feasibility; or
scheclules will not vary fror� the �NGiiJEE!?'s oN��ions, analyses,
projections, or estimates.
G. Cor��truc�i�n pr�gre�s �ayments
RecommPndations by the ENGINEER to ths ��iTY f�r periodic conG#rG^#i�n
progress paymerts to the con�±ruction contractor will be based on the
ENGINEER's knowledge, ir�formation, and belief fra� selective sampling and
oqservation that tr� work has progressed ta the point indicated. Such
rec�mmendatiors do ro� represen� that continuous or detailed exam;nations
have been made by the ENGINEER to ascertain that the construction
contractor has completed ihe work in exact accordance with the Con�r�ct
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 coniractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of ;iens,
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. Recard Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information cornpiled and furnished by others, and may no#__�Iway�s represent
the exact location, type of various components, or exact manner in which ihe
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others ih_at �s in�orporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) �articipation
In accord with City of Fort Vvorth Ordinance Na. 15530, the City has goals for
th� participation of minerity business enterprises and woman bus�i ress
enterprises in City contracts. Cngineer acknowledges the M/WBE goal
established for this cortract and its commitrment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresenta�ion) and/or
the commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 4 of 20
J. Right to Audit
(11 ENGINEER agrees that the CITI' shall, until the expiration of three (3) years
after final payment under this contract, have ac�ess to and th� right t�
examine and photocopy any directly pertinent bockG, documenis, �apers and
re��rds of tne Ei�GINEER involving transactions rela�ing tc�- this contract.
ENGINEER agrees that �he CITY shall have access during ncrma{ working
hours to all-�ecessary ENG�NEER faciiities and shal! be provided ?deq�;ate
and appropriate work space in �ider tc ��r�uct-�udits in compliance rrv;±h the
provisions of this secti�n. The CITY shall give �NGINEER reasonable
advanc� notice oi intended audits.
(2) ENGINEER further agrees to include in all its sub��nsuitani agreements
hereunder a pr_Qvision to t�� effect that the suh��nsultant agrees that the ��TY
5� �aJl, urrtit the expiration of three (3) years a�+c: finai pa�,r,�ent under the
subcontraet, have access to and the right to examine and photecopy any
direcily pertinent books, aocuments, papers a�d 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 �rder
to corduct �udits in compfiance with the provisions of this article together with
subsection (3)hereof. CITY shall give subcon-sultant reasonable advance
notice of intended audits.
(3) ENGINEER ard subconsultant agree to photocopy such documents as may
be req�ested by the CITY. The CITY agrees to reimburse EtvGINEER for the
cost oT copies at fhe raie published in the Texas Administrative Code in effect
as_�f the time co�ying is performed.
K. EN�!NEER's Insura�ce
(1) Insuran�e 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 etfect
�rior to cor�r� �encement of work on the PROJECT:
Commercial General Liability
$1,OOQ,��J� each occurrence
�2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 5 of 20
A commercial business policy shall provide coverage on "f�ny Auto", defined
as autos owned, hired and non-owned when sai�- vehicle is used in the
course of the PRQ.1_EC�T'.
Worker's Compensatien
Coverage �: Statutory limits
Coverage B: Employer's tiabilit��
$100,000 each �ccident
-$500;��0 disease - policy limit
$100,000 disease - each employee
Profe�_sional Eiab�Ji#y
$1,�OO,ODO each claim
$2,0-00,000 aggregate
Professional liability shall be written on a claims-made basis and shall
contain � retroactive date prior to the dafe of the cortract or the fir�t daie of
services to be performed, whichever is earlier. Cove; age shall be ma�ntained
for a period �f 5 years following the completion of tne contract. Ar annual
certi€icaie of insurance spE�ifically refPrencing this preject shall be submitted
to the City for each year followinq completion of the contract.
(2) Certificates �f 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 p�licies shall be endorsed to name the CITY an Adaitional
Insured thereon, as �ts interests may ap�e�r. The term CITY shal! include
its employees, officers, officials, agents, and volunteers as res�ects the
contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
��ecified in this ��reement are provided under applicable policies
docum�nted there�n.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirer-�znts.
(d) A minimum of forty-five (45) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
STANDARD ENGINEERING AGREEMENT (REV 10/O6/OS)
Page 6 of 20
(e) Insurers for all policies must be authorized to do business ir� the State of
Texas and have a minir-num rating of P.: VII in the current A.M. Best Ke,,r
Ratiny Guide or have reasonably equivaient financial strength and
solvency to the satisfaction of R�sk Management.
(t� Deu�ctible lir�its, or seif insured retenticr�s, affP�ting insurance required
herein shall ba acceptable to the-�;ITY in its sole discretion; and, in I�Pu of
traditionai insurance, any alternaTive coverage main�ained through
insurance pools or risk retention grou�s m�;st be also appr�ved.
Dedicated financial resourc�� or letters o�-credif may also be acceptable
to the �ity.
(g; P.pplicable pclicies �hall each be en�orsPd with a waiver of subrogation in
favor of ine GITY as respec�s ±he P�flJECT.
(h) Th� Ciiy shaii be Pntitle�, apon its request and without ;ncurring expense,
to review the cNGINEER's insurance policies ircluding endorsements
thereto and, at the CITY's discretion, the ENGINEER may be required to
provide proot of insurance prernium payments.
__ _ _ _ __ _ _
__ ___ __
(i) The Commercial Ger�eral Liability ; i�surance pclicy shall have no
exciusions by endorsem�nts unless the CITY a�proves such excl�sions
in writing.';
(j) For all lines of coverage und_erwritt�n on a c!aims-made bas;s, other ihan
Professional Liability, the retroactive date shall be coincident with or prior
to the �ate �f fhe �ontractual agreement. The ceriificate of insurance
shall state both the retrcactive datp �nd that the �overage is claims-
mad�_
�k) The CIT� shall not be resp�r��ble fer the dire�t payment of any
insurance premiums rsquired by +his agreem�nt and all insurance
required ir� �his sect;�n, with the exception of Professional Liability, shall
be written on an occurrence basis.
(I) _S�.;b consultants _and subco�=�tractors tc!�f the ENG;PdEER shall be
reMu�red by the ENGINEER to ma;ntair the sarmP or reasonably
equivalent insurance coverage as requirPd for the ENGINFER. When sub
consultantslsubcontractQrs maintain insurance �overage, ENGINEER
shali provide �ITY oivith documentation ther�of on a cs�tificate 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.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 7 of 20
M. �isclosure
The ENGI�!€ER acknowie�Ces to ihe CIT�' that it has mad� full disclosure in
writing �f any existing conflicts of interest or potential conflicts of interest,
includin� r�ersonal financial int?r�st, dTrpct or �ndirect, in property abutting the_
prop��ed PROJECT and business relations�ips with abuiting_property cities.
i he ENGINEER further acknowledge5 that it will make disclosur� in writing ofi
any confli:,#� of interest tha# �evelop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbesto� or Hazardous S�bstances
(1) !f asbestos or h�zardous substanees in any form �r� encountered or
��aspecte_d, the EN�l-NEER will stop its vwn work in ine affected portior.s of
the pROJECT to permit testing amd �valuation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, ass�st the CITY in obtaining the servi�es -�f a qualified
subcantractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities requir� design changes so as to comply vyith publishe�+
desigr criteria and/or current engineering prac�ice standards which the
ENGINEER should have been aware or at the time this R�reement was
executed, the ti�GINEER shail revise qlans and speeificafions, as required, at
its own cost and�xpense. However, if design changes are requi,=ed_due to the
ch�nges in the permitting au#horities' �ublished design cri#e�ia and!or practice
standards �riteri?_ whic� d�e published after the date of this Agreement w�ich
the ENGii�EER could n�t have been reasonabiy aware of, the �NGINEER
shall nc�if,v the CI'� of such changes and an adjustment in compensation will
be made througn an arr,er►dment to this AGREEMENT.
Article V
Obligations of the Ci�y
Amen�ments tc article V, if any, are inclu�ed in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
STANDARD ENGINEERING AGREEMENT (REV 10/06/O5)
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B. Access to Facilities and Pr_operty
The CITY will mak� its facilities accessi�ls to the ENGINE�R �� required for
the EivGiNEER's performance of its �ervices and wi!! provide labor anU safety
equipment as required by the �1GINEER for such access. The CI-TY will
perform, a# no �ost to the ENG�NEE�, such ��s�ts of e����ipme�t, maci-�inery,
pipelines, and other c�mponents o; the CITY's facilitie�_as may be re�uir�d in
�onnection �vith the ENG�NEER's serv;ees. The CITY will be responsible for all
act� of the CITY's personnei.
G. Adver'tisemernts, Perrr�its,-���-4cce�s
Unless otherwise agreed to in the Scope of Servicesi the CITY �Nill obtain,
arrange, and pay for ali advertisements for bids; permits and li�c�ses required
�ay local, state, er federal authorities; a�d land, �asements, rights-�f-way, and
access necessary Tor the ENGIf�EER's services or �ROJECT �onstrucirion.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain a��ice of an attorne�,�,
insurance counselor, accountant, auditor, bond and f�rancial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner �n accordance with the
project schedule in Attachment A.
E. Pr�mpt Notice
� he CITY will �i��P prompt written notice to the ENGINEER whene��er CITY
observes -�r becomes aware ot ary developmen� that affects the scope or
timing of the EN�INEER's serv���s or of any defect in the work of the
ENGINE�R or constru_ction contractor�.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowlAdges ENGINEER wili perForm part .�f-the vuork at CITY's
facilities that may contain hazardaus mater�als, ii��!uding asbestos
containing materials, or conditions, and tirat EN�fNEER had no prior role
in the genera���n, treafinent, stor�ae, or disposifion of such materials. In
consideration of the associated risk� that may give risA to claii-ns �=� third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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G. Contractor Indemr��f:�ation and Claims
The C!TY agrees t� include in all construction contracts the pro��isions of
Article IV.E. regarding the ENGiiVEER's Personnei at Constr�c��on Site, and
provi�ion� providing cantractor indemnification of the CITY and the
ENGINEER fo�-con��actor'� negiigenee.
H. Contractor �iaims and T�ird-Party Bene�ciaries
(1) The �IT'�' agrees fo include the failowing clause in all contraets with
construction contractor� and-equipment or materials s����N!iPrs:
"Coniractors, subcontractors and equipment and materials
suppliers on the PROJE�T, or their sureties, shall maintain no
��rect actio� aga�nst the ENCIf�cER, its �ffice;s; employees,
and subcontractnrs, 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 AGREEIl�IENT 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 provisicn that such ent;ty or person shall
have no third-party beneficiary rights under tris Agreement.
(4) Nothing contained in this section V.H. shall be ccrstrued as a wai��er of any
right the CITY ha� to bring a claim against ENGIf�EER.
I. CI'i'Y's Insurance
(1) The CITY may maintain property ins�rance on certain �re-existii�� structur-es
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 provid�
ENGINEER a copy of the policy or documentation of su�t� on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance sl�{� be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 10 of 20
requests such services of the ENGINEER, #his AGREEMENT shall be
amended �r a separate agreement will be negotiated aetween the parties.
K. Changes
The C{�Y may make or approve changes within-ihe general Scope of Sp►�uices
in this AG�EEMFNT. if such change� affect the �NGIfvEER's cost of or iime
reqai�ed for_gerformanee oT the services, an _�quitable adjustment w�ll be made
through an amendment to this AGRE�MEf�T with appropriate CfTY approval.
Article `JI
General �ega� r�rovisions
Amendment� fo Ariicle VI, if any, are included in Aftachment �.
A. Authorizat�Qn 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 f�r this PROJECT, whether the PROJECT is comple#ed o; not.
Reuse, �hange, or alteration by the CITY or by athers acting tnrough or �n
behalf of the CITY oi any such instruments of service without th� written
psrmission of the ENGINEER will be at ine CITY's sole risk. The CITY shall
own the €inal designs, drawings, specitications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in per�ormance
caused by acts of God, strilces, lockouts, accidents, or other events beyc�� the
control of the ENGINEER.
D. Terminat»n
(1) Ti�is P.GREEMENT may be terminated only by the City foi convenience on
30 days' written notice. This AG�EEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 11 oF 20
(2) If this AGREEMENT is terminated for the convenience of the �ity-, the
ENGINEER will be paid for termina�i:�n expenses as follows:
a.) Cost of reproduction vf partial _or complete studies, pfa�s, specifications
or otherforms of ENGfNEER'S ��ork product;
b.) Out-of-pocket expen�e� t�r purchasing storage containers, microfilm,
electronic da�a files, and othei data �torage supplies or services;
c.) The time requirements for t�ie ENGINEER'S persflnnel ta document the
work underway at the time the CITY'S termination for conveni�nce se
thai the work �iiort is suitable for long time storage.
�3) Prior to proceeding with terminati�n services, the EN��NEER will submit to tne
CITY �n-iiamized statemerrt of all terminat[on expenses. i ne CITY'S appr��al
will be �btained ir writing prior t� pr�ceeding with tsrmina+ion services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or irterrupt the services of the ENGINEER for
the convenien�e of the CITY. In the event of su�h suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and_ cost of the ENGINEER's personnel and subcontractors, and
ENGi�'VEc�'s compensation will be made.
F. indemnificatian
�1) The_ FNGINEER agrees �o indemnify and defend the CiTY from any
loss, cost, -�r experse claimed by third parties for property damage and
bodilv ;njury, includin� �eath, caused solely by the neyligence or willful
mi,s�onduct of the ENGiNEER, its employees, officers, and
subeontra�tors in connection with the PROJECT.
(2) If the negliqence or willful misconduct of both the ENGINEER and the
��TY (or a nersen identified above for whom each is liable) is a cause of
�ueh dam�gE or injury, the loss, cost, or expense shall be shared
�_etween �he ENGINEER and the CITY in proportion to their rPlative
degrees of negligence �r v���lf:�l misconduct as determined pursuant to
T.C. P. & R. Code, section 33:01 �(4) (Vernon Supplement i 9�6).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
STANDARD ENGINEERING AGREEMENT (REV 10l06/O5)
Page 12 of 20
H. Interpretat;on
Li�itations on lid�ility and indemnities in this AGREEMENT are business
understandings between the parties and shali apply to all the different tneories
of recovery, inc�udingbreach of con#�?ct or warranty, tort including negligence,
strict �r stat�tory l�ability, or any other cause of act�or, except ior willful
misconduct or gross regligence for limitatior�� of liability and sole negligence
for indemnificatio�. Parties mean the �ITY and the LNGINEE�, a� d i��ir
officers, emplcy�ees, agents, and subcontractors.
I. Jurisdiction
The law of the_S+a#e of Texas shall_�overn the validity of th�s AGREEMENT, its
inierpretation and performance, an� any other claim� related to it. The ver.ue
for �ny liti�a`ion related to this AGREEME�.T shall be i ar�ant rounty, Texas.
J. Alternate Dispute Resolution
(1) All claims, disp�ies, and other matters in question befinree� � the CITY and
ENGINEER ari�ing out �f, cr in cornec#ion with tnis Agreement or the
PROJECT, ot� any breach of any obligation or duty cf CITY or ENGINEER
hereunder, will be submitted to mediation. If inediation is unsuccessful, the
claim, dispu#e or other matter in c��.�estion shall be s!.ibmitted to arbitration if
both parties actinr� reasonai�ly agree that the amount of the dispute is likely to
be less than $�O,G00, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Consiructioi� Irdustry Arbitration
Rules of the American �r�itration Assoc�atio� or other applicable rules of the
Associa�ion ther in effect. �,ny award rendered �y the arbi'trators less than
$�0,000, exclusive of aftorney'� fees, -costs and expenses, wili be f�nal,
;�;�gment may be ertE��d therpon in any �ourt having juri�diction, and will not
be su�ject to appeai or ,modification exce{�t to the extent permifted by Sections
10 and i 1 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11).
(2) Any award yreater tnan $50,9�0, exciusive �f attorney's fees, costs , and
expenses, may be �itigafied by Aither party or a de novo basis. The award shall
be�ome final ninety (90) day� fr�m the d�+P 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 �i±her party for any purpose in the litigation.
K. Severability ar�d 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.
STANDARD ENGINEERING AGREEMENT (REV 10l06/OS)
Page 13 of 20
L. 6p�er�e and Comply
ENGINEEP. shall at all tir-;es observe and �omply with all federal and State
�aws and regulaiions ana �vith all City ordinances and reguiations v�hich in ary
way at�ect this �,GREEUIEN i�nd the wo�=k hereunder, and Gh?.!J observe ana
comply with ?II orders, la�s o��inances ans� regulations which may exist or
may be enacted during the term of th�s AGREEi�AENT by governing bodies
having jur�sdiciion or authority for such enactment. No plea of
rr�isunderstanding or ignorance ±herecf shall be considered. ENGIf�EER
a�rees- to defend, inderrrnify and hold harmless CITY and all of �ts officers,
agent�and employees firom and against all claims or liabiliiy-arising ouf �f�he
violation of any such order, law, �rdinance, or reg�lation, whether it be by ifself
or it�-�mployees.
STANDARD ENGINEERING AGREEMENT (REV 10/06/OS)
Page 14 of 20
�Rrticle v=I
Attachments, �ehedules, and �ignatures
This A�REEMENT, inclua�ng its attachments a, �� �chedules, constitutes the en'tire
AGREEMENT, supersedes ail -prior written or c�al �nderstandings, and may only be
changed by � written amen�+mert executed by both parties. -The following attachments and
schedules are hereby made a part of this AGP.EEiJIENi:
Attachment A - �copc of Services
Attachment B - Compensation
Attachment C- Amendments to Standard Agreement for Engineering Sprvices
Attachment Q - P;oject Schedule
Attachment � - Lc�ation-Il/!ap-
Executed this the �f`f �ay _of , 200 �.7
—f
ATTEST:
V
Marty Hendrix
City Secretary
�- c��o .��_.,._.
C�ratr L �u :.ho;c: �. ���.'�. �E=='
,�, . � - : _Q=�„ .: ,_ , :. _
ia�t���
APP��✓EI�
Ass
ATTEST:
ORM RND �CGA�.; � 1'
e,v
STANDARD ENGINEERING AGREEMENT (REV 10/O6/05)
Page 15 of 20
�
_ CITY OF FORT � TH
By:
Marc A. Ott -
Assistant City Manager
APPROVAL RECOMMENDED
-7��T�'—"�' "�'
A. Doualas �ademaker, P.F.
Directc;, Engineering Department
:• ! s1 �- !� �
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By:
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' :. �— :• . .� '
TITLE: PrPsic�Pnt
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AT �Tf�CHMENT "A"
-�- ..- .�.-Ya^r�1t�
"Scope of Services set forth herein can only be modified by a��itions, ciarificatlon�,- and/or deletio.ns
set forth in the supplemental Scope of Ser✓ic�s. In cases of conflict betwee,n the Supplemental
Scope of Se►vices and th,e Gsnera/ Scope of Services, the Scepplemertal Scope of Service��hall
have pr_e�edence-over the Generai ��ope of Services. "
. :�
1) Preliminary Conference with City
The Engineer shall attend prelimir�ary• confererrces with �uthorized representatives of the City
regarding the sccpe of project so tha± the plans and �peci€ications which are to be aevelcped
hereunder qy the Engineer will result in providinc� facilities which are economical in desiyn
and conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Enfities
The Engineer shall coordinat� with officials of other outside agercies as may be necessary
for the design of the proposed street, and storm drai�-� and/or water arrd wastewater facili-
ties/improvements. It shall be the Engineer's duty hereunder #o secure necessary information
from such outside agencies, to meet th�ir requirements.
3) Geotechnicai Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations that
may be needed. In the event it �s determine� necessary to make borings �r excavate test
�oles or pits, #he Engineer shafl in coordination wit"-the ri#y anu tf �e City's �eotechnical
engineering consultant, draw up specifications for sueh testing program. The cost of �he
borings or excavations snail ke paid for by the City.
4) Agreements and Permits
The Engi� �eer shall complete all formsiapplications to �Ilow the City of Fort Worth to obtain
any and all agreements and/or permits normally required for a proje�t of this size and type.
The Engineer will be responsible for negotiating and coordinating to obtain app� oval of the
agency issuing the agreement and/or permits and will make any revisions necessary to bring
the plans into compliance with the requiremenis of said agency, ineluding but not Iimitec! to
highways, railroads, water authcrities, Corps of Engineers and other utilities.
5) Design Changes Relating to Permitting Auth�rities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineers own cost and expense, unless such changes are
required due to changes in the design of the facilities made by the permitting authority. If
such changes are required, the Engineer shall notify the City and an amendment to the
contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays,
a mutually agreeable and reasonable time extension shall be negotiated.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 16 of 20
6) Plan Submittal
C�pies of the origiral plans shall be provided on r��roducibie mylar or approved plastic film
sheets, or as otherwise approved uy the Department of Engineering an� sha��-become the
property of the Cify. City may use such drawings in any mannerit desires; pr�vid�d, however
that the En�ineer shall not ae liable for the use of such drawings for any proj�_cf ather than
ine project described herein; and fiurther provided, that �.h.e Engineer shall not �e iiaple for the
consequences of ary changes that are made to the drawings or changes that are made in
the implementation of the drawings vdithout th� w� itten approval of the E; �r�inee� :
PHASE '{
7) Right-of-Way, Easer�ent and La��-Acquisition Needs
i he Engineer shall determine the rights-of-way, easement needs for the construction of th�—
project. Engineer shall determine ownership of such land and furnish the City with the
�ecessary right-of-way sketches, prepare necessary easement descri�tions for acquiring the
rights-of-way and!or easements for the construction of this project. SKetche� and easement
descriptions are to be presented in form suitable for direct use by� the Department of
Engineering in obtaining rights-of-way, easements, permits and licensing ay�eements. All
materials shall be furnished on the appropriate City forms in a minimum of four (4) copies
each.
8) Design Survey
The Engineer shafl provide necessary field survey for use in the preparation of Plans and
Specifications. The cngineer shall furnish the City certified copies of the field data.
9) iJtility Coordination
Tne Engineer shall coordinate with all utilities, including utilities owned by the City, a�to any
proposed utility liens or adjustment to existing utility lines within the project limits. The
information obtained shall be shown on the conceptual plans. The Engineer shall show on the
preliminary and-iinal plans the location of the proposed utility lines, existing utility lines, based
on the information provided by the utility, and any adjustment� and/c�r relocation of the
existing lines within the project limits. The Engineer shall aiso eva�uate the phasing of the
water, wastewater, street and drainage work, and shall su�mit such evaluation in writing to
the City as part of this phase of the project.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 17 of 20
10) Conceptual Plans
The Engineer shall furnish four (�) copies of the Phase 1 concept engineering plans wrich
include layouts, preliminary right-of-way needs �,nd preliminary estimates of probable
construction costs for the Engineer's recommerded plan. For �II s:�bmittals, the Engineer
shall submit plans and docu�ents fc�= street/sbrm drain an� �rvater/waste�rvater fiacilities. The
Engineer shall receive written approval of the Phase 1 Plans f� o�;� the City's project manager
before proceeding wiih Phase 2.
PHASE 2
11) Design Daia
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12) Prelir�inary Constr_uc�i�r Plans and Te�hnica!-Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and
five (5) copies of the pre{iminary technical specifications for �eview by the City and for
submiss��n to utility companies and other agencies for the purposes of coordinating work with
existing and proposed uti!ities. The preiiminary construction plans shall indicate location of
existing/�� oposed utilities and storm drain lines. The Engineer shall receive written approval
of the Phase 2 plans from the City's project manager before proceeding with Phase 3.
PHASE 3
13) Fi�al Construction Plar�s
Tf�e Engineer shall furnish five (5) copies o� the fina! canstruction plans and contract
speciii�ations €cr review by the City.
14) Detailed Cost E�timatp
The Engineer shall furnish four (4) copies of detailed estimates �f probable construction costs
for the authorized construction project, which shall include summaries of bid items and
quantities.
15) Plans and Specifi_cation Approval
The Engineer shall furnish an original cover mylar for the s�gnatures of authorized City
offici�ls. The Contract uoc_uments shall comply with applicable local, state and federal !�ws
and with applicable rules and regulations promulgated by local, state and national boards,
bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from
the City's project manager before proceeding with Phase 4.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 18 of 20
PHASE 4
16) Final Approved �onstruction Plans
The Engineer shall furnish 45 �ound copies of Phase 4 final approved construction plans an�
contrac# specifications. The approved plans and contr�ct specification�- shall be �se�+ as
authorized by the City �or use in obtaining bids, awarciing coniracts, and constructing #"e
project.
17) Bidding As�istance
The Engineer shall issue addenda as appropriate_to interpret, clarify, or expand the bidding
documents, and assist the owner in determining the �ualifications and acceptability of
pr�spectiv�-constructors, subcontractors, and suppliers. When substitution prior to ihe award
of ��^iracts is allowed b_y the bidding dQcuments, the Engineer will advis� �he owner as to the
accepiability of alternate materials and equipment proposed by the prospective constructer�.
18) Recommendation of A�tvar�
Th� Engineer shall assist in the tabulat�on and review �f all bids received for the construct�on
of the project and shall make a r�c�mmendation of award to the City.
19) Prek�.ic! Conferenc�
The Engineer shall att�nd the prebid �onference and the bid opening, prepare bid tabulation
�nee�s and provide assisiance to th� owner in evaluating bids or proposals and in assembling
and awarding contracts #or construction, materials, equipment, and services.
PHASE 5
20,1 �re��nstruct�on �onference
The Engineer shall attend the pr_econstruction conference.
21) Constructi�i� �urvey
The Engineer shall be a�ailable to the City cn matters concerning the layout of the project
during its construction and will set control points ir tre � ield to allow City sur�ey crews io
stake the project. The setting of line and grade siakes and route inspection of construction
will tre performed by the City.
22) Sit� V_isits
The Engineer shall visit the project site at appropriate intervals as construction proceeds to
observe and report on the proaress and the quality of the executed work.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 19 of 20
23) Snop Drawing Review
The Fnginezr shall review shop and erecti�� �-drawings submitted by the contracter for
compliance with design concept� The Engineer shall review laboratory, shop, and mill test
reports on materials and equipment.
24) -!!�structions tQ Contractor
The Engineer shall provide necessary ir,t�r�r�tations and clarifications of coniract
doc!�ments, review �han�e erders and-make recommendations as to the accepta�ility of the
work, at the request of tYre Gitv.
25) Differing Site Cond�tions
The Engineer shall prepare sk.etches- required to resolve problems due t� actual field
conditions errc�rurrtered.
26) Record Drawings
Th� Engineer shall prepare recor� drawings from information subm�ited by the contractor.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 20 of 20
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF S�RVICES
(SIiPPLEMENT TO ATT�lGHMENT "A")
PROFESSIONAL SERl�lr'ES: DRAIN�GE � � i;DY FOR FUTtJRE ST�r�-cM- �RAIN
IMPROVEi'dIENTS TO i.RESTWC"D ADDITION.
G�TI( P!?OJECi-i+i�. 00�3
T"�e f�llewing _is_ a clarificati�n of the tasks that#he ENGINFER will pertorm under ATTACHMEP�T
"A". Work under this attachmeni includes the preparation of a drainage study, preliminary plans to
remedy drainage problems that ar�-identified, and-reporis on the status oftf�e s#udy for the project
ar?a desc, ibed b_elow anci-shown graphically on Attachment E:
TFie area of study inclu�esihe area bounded-qy Whiie Settlement Road to t�e south and
Rockwood Park Drive to the north, east, and vvest.
Upon re�eipt of notice to proce�d, the ENGINEEP will perform the following tasks:
PART A— Data Acquisition, Collecii�n and Inventory
The data collected for this project includes existing information possessed by CITY in the form of
studies, ma{�s, engineering cons#ruction plans, and digital files as vvell-as information generated in
the field specifically for this project.
1. Data Colle�tion
a. ObiQin avaifable topographic maps, zoning maps, land use m�ps, and thorol!g�fare
pian�-within the study limits from CiTI'.
b. Obtain available "As-Built" plans for existing bridges, culverts, paving, �rrading and
�rainage construction within-the study limi#s from CITY.
c. Obtain digital copies of latest available versions of dir�ital aerial topographic and
photographic data from CITY.
EA1-1
os/oe/a�
Scope of Services
2. Field Work
a. Pe� orm two (2) engineering site visits to verify the study limit�, delineate
sub�nratershed bcundaries, and ideniify hydraulic paramete�s including existing
flooding and erosion problems, conditien �f pipe outFalls, and p�fential structural
improvement locations.
b. Field surveys will ue obtaiaed as ENGWEER=�eterr*�;res iirbe necessary for the
project. Pertinent drainage features-such as inlets and �ulverts will be located and
identified. Cross secti�ns of streets wil� not be taken. I►�stead, these will be
developed from aerial topographic survey data provided by the City of Fort Worth. If
necessary, engineer wil� notify residents of survey activities �ia maif outs to be
approved and prouided �y citv. The rr�ail out shall be on company letter head and
Ghail include the following project name, limits, DOE project no., brief description of
project, ihe consultani's project manager and phone no. � his service does not
include a comprehensive topographic survey.
PART B - Hydrologic Analysis
This scope inclu�es the tasks necessary_ to develop hydrologic models of the study areas. Studv
discharges will be obtained for a rang� or returr events, assuming fully-devel�ped watershed
conditions.
Hydrologic Analysis
a. When necessary, prepare a drainage area map of �'' = 200' or other appropriate
standard scale from available contour ma�s.
b. Delineate sub-watersheds a� necessary io analyze existin� drainage �attems
within the study area, as well as to identify and define proposed imprc�ements.
c. Cutain hydrologic parameters for each subwatershed i�-��Iuding preci�itation �ata,
time of concentration, and land use category.
d. Create a fully dev�l�ped hydrologic condition land use map based on aerial
photography, site visits, and the City's land use/zoning maps.
e. Offsite drainage areas contributing si�� mwater that drains through the area of
study will be considered.
EA1-2
o3/os/o�
Scope o£ Services
f. Existing storm water valley storage will be studied and the limits of sump areas
wiihin the area of siudy will �G evaluated_
PAR � C — Hydraulc� Analysis
This scope inciudes the tasks ne�essary to size drainage facilities based on fully developed
vvatershed discharges, consistent with criteria in the City of For� Wortf� Storm Water Management
Desiqn Manuai, March 2006 edition.
1. ExistinG �onditions Anaiysis
a. Perform initial hydraulic calculations based on site ��isits, previou� documeniaiion
and informafion OWNER has nhfaine� from resi�ents to confirm location of �xisting
drainage concerns and ooe�aiion of exi�ting storm drainage facilities, if any. This
will include analysis of existing streets, inlets, culverts, and storm drain pipe. This
analysis vvill be based on �s-built plans that can be retrieved from the city and
surveys of the existing infrastructure.
b. Information from existing hydraulic conditions, topographic surveys, and visual
inspections will be combined to determine where erosion problems are likely to
exist. ENGINEER will assess the severity of the threat presented by such erosion
problems.
2. Recomr2-iended Improvements
a. ENGINEER will develop a hydraulic riodel of �losed system improvement�-for thP-
study arsw. Information collected by the surveyor will be used �� c_oniunction with the
City's fi�vo-foot topographic data to generate grades for the system. The proposed
�mprovements will include sizing and locat�ng inlets, {eads, laterals and storm sewer
mains to carry design discharges to desired outfall locations.
b. Up to tv�,�o (2) improvement options wiii be sized based on coordination with City
Staff. Conceptual cost opinions will be generated for each option �o as�ist in
selection of improvemen't option. One ;mproveme^t option will be selected for final
m�deling.
c. Where likely erosion problems are identified, BDI will suggest the s�lution that it
deems the most feasible and prepare preliminary drawings of these solutions.
EA1-3
03/OB/07
Scope of Services
d. BDI wili use existing topographic information and drainage calculations to perform
preliminary design of a new sump that v�ill reduce the i�oodplain arPa around
existing houses as m�ch as possibl�: Submittals to revise the FIRM ma� are not
��cluaed.
e. Provide CiT'r with results �f analysis in bDth digitai and hard copy format. Up to
trree (3) con�pi and preliminary revisions sets will be prepared for CITY �evievv
and comment in preparatic� of finaf exhibits, report anci �ocuments. Opinions of
Prebable Construction Cost will be _provideu for the selected recer;me�G+ed
improvement option.
f. Mylar sheets of one set of preliminary drawings for the erosion control and sum�
designs shall be submitted on 22"x34" format and generally �rganiz�d as follows:
i. Cover Sheet
ii. General !ayout and legend sheet
iii. Drainage area map and computations
iv. Plan and profile sheets
v. Standard construction details
vi. Special construction details
PARi D —Project Development
This scope includes coord�nation and communicatior� procedu�es to be implementecl befinreen CITY
and ENGINFER in completion of this project.
1. Project Coordination
a. Conduct up to four (4) project status meetirgs with CITY. Meeting snall be used to
update CITY as to staius of project and to determine CITY preference in
recommended improvement option.
b. Conduct up io two (2) site �✓isits to project site with CITY, uper. CI i Y reauest.
c. In coordination with CITY, co��du�t one (1) pubiic involvement meeting to supply
project information, gcals and schedule to the surrounding residential community.
ENGINEER will prepare up to two (2) graphicai exhi�its for use in public
presentations.
03/OB/07
Scope of Services
EA1-4
d. Prepare monthly updates for CITY identifying what work was accomplished, what
items are pending and what outstanding issues need immediate attention.
2. Report
Pr�pare written concept, preliminary and final report�- �etailing the �ssum�tions
made in the study, ine results �f-the invEst��afians and the options of probable �:,ost
for recommended improvements. The reports wili c�ntain results of computer
models created in support of the study in �aoth digital and hard cop� format.
PART E - EXCLUSIONS
The scope of work f�r this contract shall not include any specifications for
geotechnical investigaiions, plans for construction, services to secure any permits;
-aescription or dedication of easements, or any e#her services listed in "Attachment
A" that are not also specifically included in "Exhibit A-1."
EAl-5
03/OB/07
Scope of Services
ATTACHMENT "B"
DRAINArE STUDY FOR �UTURE STORM �RAIN IMPROVEMEfJTS T�D
CRE�TWOOD ADDITION
CITY PRC3J�CT NO. OG�45
I. Cflmpensation
P,. The Engineer shall bQ compensated a total lump sum fee of $ 41,550.00 as
summarized in Exh;�ait "B-3". Paymeni of the total lump sum fee shall be
consi��red full compensation for the services desccibe� in Attachment "A" ana
�xhibit "A-1" for all !?bor materials, supplies an� equipment necessary #o
complete the project. All per�itting, application and similar project fees will be
paid directly by the City.
B. The Engineer shall be pai�i in partial payments as described in Exhibit "B-1",
Section 1-Metho�i of Payment.
C. Each invoice is to be verified as _to iirs accuracy and compliance with the terms of
this contract by an officer of the Fngineer.
II. Schedule (Working Days) — Refer to Attachment D for the complete schedule.
A. A concept report shali be submitted witt�in 60 working days after the "Notic� to
Proceed" leiter is issued.
B. A pre!iminary report snall be submit#ed within �0 vyorkirg days after approval of
the concept report.
C. A final report and prefiminary�irawings shall be submitted within 30 working days
after approval of the preliminary report.
I.t is mutuaiiy understoo�+ an� agreed that ENGINtER i� expected to abide by th;s
schedule to the be�± of �ts ability. However, CITY acknowledges that situations
beyond ENGINEER's control may develop that cause deviations from the proposed
schedul�. If such an event takes place, it is the responsibility of ENGINEER to nctify
CITY or ary imminent deviations from schedule and notify CITY of the reason for any
such delays.
C
EXHISIT "B-1"
(SUDPLEMENT TO AT'TA-CHIVIENT B)
METHO� OF PAYMENT
D12AINA �E S a JLY FQ� FUTURE STORNd DI'tAI"I� 1MPROVElVI�NTS T�
CRr ST WOOD A%DITION
CITY PitOJECT N^-v. 00�45
I. Method of Pavment
Par�ial payment shall be made to the Ei�iGII�TEER mo�thly upon City's approval of an
invoice from the �NGINEER outlining the estir:mated current percent complete of the
total project.
The agg*�egate of such monthly partial fee payments shall not exceed the following:
Until delivery of the concept report, a sum not to exceed 30 per_c_ent ef the total lump
sum fee.
Until delivery of the preliminary report, a sum not to exceed 60 percent of the total
lump sum fee.
Upon delivery of the final report and preliminary drawings, a surn not to exceed 9Q
percent of the total lump sum fee.
'1_,he balance of fee, less previous payments, sha11 be pa�able after approval of the
final rep�rt by the �ity.
II. Progres� Reports
A. The ENv?NEER sha11 pr�pa�e monthly updates for CITY idertifying what wc.k
E�vas accomplished, �hat items are pending and what outstanding issues need
immediate attention.
EB1-1
�'XHIBIT `B-2"
�SdTPPLE il'�+ N i TO A�'TA��Il`✓IENT B)
HOURL, Y RATE SCHE�UU�.E
I?F.AIiVAi�E STUDY FOR�+UT�J-RE � i^RM D�`iIN IMPROVEIVI�+ NTa T`t�
CRESiWOOD ADDIiI�1`I
CITY PROJ�ECT 1�._ 00545
Principal
Senior Professional
Registered Professional
Professiona?
Designer
Technical S��port
ClericaUAdministrative Support
EB2-1
$ N/�
$ 165.00
$ 15G.00
$ N/A
$ N/A
$ N/A_
$ N/A
EXHIBIT ��B-3A"
(SUPPLEMEllTT TO AT'�'A�HIVIEN i B�
SUMMA�ZY �F i 3�'AL P1�i�JECT FLES
I?R_AINAGE STUDY FOR-FUTu�.L 5TORI�I DRA�N IIVIP�O«1�NT�-'I'O
CRESTWOOD AI?DITION
GiTY P�t��TEC�N�. OOS45
Consultin� Firm Prirne izesponsib�ilitv �rnount Pereent
Prime Consultant:
Boydston Designs, Inc
M/WBE Consultants:
Fulton Surveying, Inc
Er.gineering and Project
Management
Surveying
Total fox Professional Services
Note: Non-WBE Consultant - None.
City's MWBE Coal: i5%
B3A-1
$ 34,100 82 %
$ 7,450 i 8 %
$ 41,550 100 %
EX�IIBIT "B-3B"
(SUPPLEMENT TO ATTACHMENT B)
PROF�CSIONAL SERVICES FEE SUMMARY
DRAINAGE S i IJDY-r OR FUTUtZE STORM DRAIN IIl�1-PR� VEMENTS TO
��ZEST :aJOOD A:3�ITION
CITY PiZO�ECT NO. 00545
BASIC ENGIN��RING 17ESIGN FEE:
Fee
�,ngineering Service� $ 34,Y00
BASIC SERVICES TOTAL $ 0
Fee
Surveying Services $ 7,450
Additional Services Fee $ 0
ADDITIONAL SERVICES TOTAL $ 7,450
I: :
EXHIBIT "B-3B"
(SUPPLEMENT TO ATTACHMENT B)
PROFLSSIONAL SERVdCES F�� SUMMARY
DRAINACF ST�Y FOR FUTURE STQ��M I)�AIN IMPitOVEMENTS TO
CRESTWOOU ADDITION-
Li�Y �R�J�,'CT NO. 00545
�:. SiJIvIMARY OF i VTAL FE�
Fee
Engineering Services $ 34,1�
A�ditional Engineering Services $ Q
Engireering Subtotal $ 34,1OC
Su:veying Services $ 7,450
PR�JECT TOTAL $ 41,550
B. BREAKDJWN OF ENGINEERING FEE (LESS SURVEY FEE)
L Total Fee (less surve�ee) Breakdown by Conce�t, Preliminary and Final Report
a. Draft Report (30% complete) _(Engineering Su�t�tal� X(03)
b. Preliminary Report (60% completP) _(Engin�ering Subtotal) X(0.3)
c. Final Report (90% complete) _(Eilgineering Subtotall X(0.3)
d. Final Billing (100% complete) _(Engineerirg Subtotal) �(0.1 j
C C
$ 10,230
$ 10,230
$ 10,230
$ 3,410
$ 34,100
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ATTACHMENT "C"
Ci�ANGES AND Al�JIEN1`� .NiENTS TQ ST'AN�fiRD ENGII�TEER�NG
ACR_EEMEN'� AIVI'i ATTACHll�1�T A
I?RAINAGE S��JDY FOR FU'�UR� S i ORM D1�AIN IMPROvEMENTS TO SOUTH
CREST�'OOD ADDITION
CIT3� PROJECT N�.
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C%ty Qf �ort �I/orth, Texas
IV�ayor an� �oun�il ���nmu�icat�on
_ . -.�
COU��1L ACTION: Approved on af21/2D07 - Ord. �lo. 177�13-08-2007
� ���
DATE; i uesday, August 2T; 2007
LOG NAME: 30CRESTVI�'QOD545 REFFRENG� NO.: **�-22320
SUBJ_ECT:
Authorize Execution of an Engineering Agreement with Boydston Designs, lnc., for the South
Crestwood Drainage Im�rovement Study (Project No. 005451 and Adopt_Ap�ropr_ia#ion Ordinance
.�. ..�._��,��u��-.,�-�--.;�---� ����.::-�:-�.: �-.� -.�....-�.y _-• ��:�-�.:�; . _,�,..�� .:��
RECOMMENQATION:
It is recommended that the Ciiy Council:
1. Authorize the transfer of $47,781.00 from the St�rm Waier Utility Fund to the Storm Water Capitai
Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriati�ns in fihe
Storm Water Capital Projects Fund in the amount of $47,781.00; and
3. Authorize the City Manager to execute an engineering agreement with Boydston Desigr�s, �nc., in the
amount of $41,550.00 for the South Crestw�od Drainage Improvement Study.
DISCUSSION:
The Storm Water i�lanagement Program was established to reuu�e flooding- in Fort Wort�, preserve
str�ams, minimize water pollution and to operate the storm water sysiem in a more effec,�;r� manner t� fully
comply with state and �ederal regulatory requirements. This will be accompl'rsf�e�+ by infrastructure
reconstruciion and system maintenance, master pianning, enhanced development review,-�nd increased
public education and outreach.
A preJious study, condueted in the year 2000, identified a number �f undersized drainage facilities in South
Crest�a��cd neighborhoods. This Drainage study agreement should ident;fi� s� � �all mapped and unmapped
storm drains, flumes, verify the capacity of the existing roadway and propos� storm drainage improvements
as required to prevent building flooding and unsafe roadway floeding.
Boydst�n Designs, Inc., proposes to preNare the engineering study for a lump sum fee of $41,550.00. City
Staff considers this fee to be fair �nd reasonable for the scope of services proposed.
In addition to the contract amount, $6,231.00 is required for project management by the Engineering
�7epartment.
M/WBE — Boydston Designs, Inc., is in compliance with the City's M/WBE Ordinance by committing to 18
percent M/WBE participation. The City's goal on this project is 15 percent.
This project is located in COUNCIL DISTRICT 7, Mapsco 61V.
FISCAL INFORMATION/CERTIFICATION:
Logname: 30CRESTWOOD545 Page 1 of 2
The Finance Director certifies that upor� approval of the above recommendations and adoption of the
attached approp�iaiion o�dinance, funds will be available in the curr�nt capit�! budget, as appropriated, of
t!�!e Storm Water Capital Projects Fund.
TO F�nd/Account/Certe�s
1&2)P228 472069 2072800545ZZ
2)P228 531350 2�7280054510
2)P228 531350 207280054520
� P228 531200 207280054516
2�P228 531350 207280054516
$47,781.G0
1 038.00
1 �38:00
$41,550.0�
4 155.00
FROM Fund/A�cnunt/Centers
1)PE69 538070 0209206
3)P228 53i2�� 207280054516
Submitted for City Manager's Office b� Marc Ott ��476)
Originating Departrr�ent Head: °. Douglas Rademaker (6157j
Ad��iior�al Information Contact: Dena ,iohnson (7�sn6)
Logname: 30CRESTWOOD545
$47,781.00
$41,550.00
Page 2 of 2