HomeMy WebLinkAboutContract 40768CITY OF FORT WORTH, TEXAS
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STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
DeOtte, Inc., (the "ENGINEER"), for a PROJECT generally described as: M-211 Erosion
Control,
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, including but not
III ited to meeting the requirements set forth in Attachment D to this
AGREEMENT, 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_untit
City of Fort Worth, Texas ®
Standard Agreement for Engineering Related Design Services OFFICIAi_ REf+ AV VRI)
PMO Official Release Date: 5.19.2010
Page 1 of 15 CITY SECRETARY
o s- 7 0- 1 o a .i o: 4 7 I NI FT. WORTH, TX
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Worth, Texas
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PMO Official Release Date: 5.19.2010
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D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible mylar sheets and electronic files in .pdf format, 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
the ENGINEER makes on -site observation(s) of a deviation from the Contract
Documents, the ENGINEER shall inform the CITY.
(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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 5.19.2010
Page 3 of 15
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules 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/VVBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, as amended, 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 accepted written commitment to
M/WBE participation. Any misrepresentation of facts (other than a negligent
City of Fort Worth, Texas
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PMO Official Release Date: 5.19,2010
Page 4 of 15
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 five (5) 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 five (5) 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 subconsultant 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. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability —the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella, if any. This
insurance shall apply as primary insurance with respect to any other
City of Fort Worth, Texas
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PMO Official Release Date: 5,19.2010
Page 5 of 15
insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto —the ENGINEER shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of "any auto including owned, hired, and non -owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary, commercial umbrella
liability insurance with a limit of not less than $100,000.00 each accident for
bodily injury by accident or $100,000.00 each employee for bodily injury by
disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officersI directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability —the ENGINEER shall maintain professional liability, a
claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 5.19.2010
Page 6 of 15
(2) GENERAL INSURANCE REQUIREMENTS
a. 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.
b. 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.
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of AN or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $Or. ,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first -dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. 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.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or prior
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 5.19.2010
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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. Coverages, whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. 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 CITY may
request the ENGINEER to assist 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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 5.19.2010
Page 8 of 15
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.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
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. 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 5.19.2010
Page 9 of 15
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 prepared in accordance with Attachment D.
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 5.19.2010
Page 10 of 15
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 5.19.2010
Page 11 of 15
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 oll Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of the
CITY of any such instruments of service without the written permission of the
ENGINEER will be at the CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
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 in 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 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 of 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 5.19.2010
Page 12 of 15
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
In accordance with Texas Local Government Code Section 271.904I the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control.
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 5.19.2010
Page 13 of 15
J. 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.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
K. 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 5.19.2010
Page 14 of 15
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A -Scope of Services
Attachment B — Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the>� day of llk�v . , 20 jo .
ATTEST:
Marty Hendrix � ,cy"' �0000
City Secretary
APPROVED A� TO FORM AND_ LEGALITY
Assistant Ci
ATTEST:
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 5.19.2010
Page 15 of 15
CITY OF FORT WORTH
stant City Manager
.WW
Director,
Y
DeOtte, Inc.
President
By:
Department
DeOtte, P.E.
OFFICl/�� RECORp
CITY SECRETARY
FT. WORTH, TX
®DEOTTE, INC.
May 8, 2010
Mr. Peter Fu
Fort Worth Water Department
1000 Throckmorton Street
Fort Worth, Texas 76102
CIVIL ENGINEERING
THIS DOCUMENT SERVES AS CONTRACT ATTACHMENTS
ATTACHMENT A — Scope of Services
ATTACHMENT B - Compensation
ATTACHMENT C — Amendments for Standard Agreement for
Engineering services (NO AMENDMENTS TO THIS
CONTRACT)
ATTACHMENT D - Project Schedule (AS DIRECTED BY CITY
STAFF)
ATTACHMENT E — Location Map (See Exhibit A)
RE: PROJECT PROPOSAL — M-211 ASSESSMENT AND DESIGN
EROSION CONTROL
Dear Mr. Fu:
This letter serves as our proposal for engineering to assess impacts and responsibility as well as plan and design
erosion control improvements, if needed, near a short section of M-211 near the River Park Place Apartments
in west Fort Worth. We have walked the proposed site and have identified specific areas of concern and
)riorities. Responsibility assessment and conceptual plans for improvement have been discussed.
From our observations and the plans you sent, it isn't immediately clear what the risk to the 15" sewer. The
plans seem to indicate that the top of pipe in the area of erosion is at about elevation 598. The lidar topo is not
reliable in some areas but the flow line of the creek is at about 598 according to the sketch. Since significant
down cutting isn't evident in the creek, it could be some time before the sewer line is affected. Of course,
better information and detailed survey is needed. A number of factors will determine how quickly erosion may
proceed in this area.
Site observations reveal that vegetation had been cut back along the bank which had failed. One of our site
photos shows a remang tree stump that was cut near the toe of bank. It isn't clear at this time who did the
trimming or when it was done. Trimming back vegetation in this area likely contributed to destabilization of
the bank.
First, we suggest an evaluation to determine the immediate risk to the sewer line. This will include a
geotechnical evaluation and a topographic survey.
Then, improvements can be designed if the City determines they are needed.
The creek has heavy vegetation upstream and downstream from the flow line to the top of bank and beyond.
Limestone is evident in the bottom of the creek. It does not appear that the limestone exists vertically above
the flow line to any significant degree.
The drainage area to this location of the creek appears to be about 0.85 square miles which should yield
substantial flows. Currently, the section is a Zone AE with floodplain elevations along the eroded bank
between elevations 603 and 607 which appears to be just a foot or two over the top of bank at this location.
The site is located on FIRM panel D48439CO285. Our latest information from the City's recent remapping
project does not indicate the detailed study. FEMA's website indicates the elevations represented herein but
our office was unable to locate the study information that is the basis for those elevations. We are still trying to
resolve the discrepancy.
Page 1 of 4
Fax (817) 590-8600 2553 East Loop 820 North � Fort Worth, Texas 76118 (817) 589-0000
Mr. Peter Fu, P.E.
Fort Worth Water Department
May 8, 2010
Coordination with the Corps of Engineers is recommended but our office will wait until specifically directed to
do so. At this time, it appears that the Corp's Nationwide Permit No 3 (Maintenance) or No. 13 (Bank
Stabilization) would apply and given the extents of the work, permitting would be minimal. At this time, no
permitting with the Corps is included in this contract. Attempts to contact the Corps related to this issue prior
to this letter proposal have been unsuccessful until now but we will continue to try to coordinate.
Prior to construction of any permanent slope protection, it would be advisable to ensure liability protection for
the City and the Contractor for impacts of the existing slope failure which does not appear to be the
responsibility of the City. The existing condition may have already had an affect on the apartment building
prior to any work by the City or Contractor. Also, depending on who cut the vegetation in the creek, some
party related to the apartments may be partly responsible for the failure.
SCOPE OF SERVICES:
1. Surveying
A. Establish Horizontal and Vertical control
B. Provide topographic survey 50 feet beyond the top of bank within the project areas as shown on
Exhibit A. Topographic information shall include, but not limited to, locating all existing features such
as sprinkler heads, water valves, water meters, curb & getter, asphalt, sidewalks (paths), storm & sewer
manholes, trees 6-inch and larger, tops and toes of slope, power poles, signs, telephone risers and other
visible features.
C. Field notes, sketches, digital terrain model, AutoCAD topo survey file along with benchmarks will be
included in the field survey.
2. Geotechnical Assessment
A. Conduct a site observation
B. Install 1 boring to an adequate depth to evaluate soil condition and possible load conditions for a
retaining wall.
C. Provide one report
3. Alternatives Assessment
A. Following compilation of field assessment, DeOtte, Inc. will assess various alternatives and issue a
letter report of noted options. These may include the "do nothing" option, sewer relocation and bank
stabilization. Other alternatives maybe considered as well if they appear practical.
B. Some coordination with TxDOT will be included. The bank failure is in a TxDOT easement so
DeOtte, Inc. will contact them for input as to jurisdiction and responsibility. If permitting is required,
this will be additional to this contract.
4. Engineering Planning and Design
A. Perform Utility Research to confirm the presence of water and sewer utilities. Make field observations
regarding the possible presence of franchise utilities. Coordination will be attempted with private utility
companies.
B. Review field survey information and ascertain possible impacts of construction within the creek area.
If impacts appear to be significant, a detailed hydraulic assessment will be needed and will be
performed under a separate agreement. The intent of the design of the proposed improvements will be
to limit hydraulic impacts caused by the proposed improvements.
Page 2 of 4
Fax (817) 590-8600 2553 East Loop 820 North o Fort Worth, Texas 76118 (817) 589-0000
Mr. Peter Fu, P.E.
Fort Worth Water Department
May 85 2010
C. Provide advice to the City regarding the risk of exposure of the sewer line. Prepare a Concept study
confirming pre -concept observations. This study will be in the form of conceptual engineering plans
of proposed improvements throughout the project area and will serve as the basis for Preliminary
Engineering. A conceptual estimate will be provided along with the submitted engineering plans.
D. Proceed to design a solution if directed by the City.
E. Following determination of a final scope of improvements to be constructed, Preliminary Plans will be
developed and provided to the City for review. These plans will be sufficient for utility clearance by
the City.
F. With final comments by City staff and utility clearance from the City, or as directed to proceed without
utility clearance, Final Plans will be prepared and provided for bidding and construction. Appropriate
Specifications and Bid Documents will be provided as well as a final construction cost estimate. Prior
to preparation of bid documents, the City shall provide direction as to the format and specifics of the
bidding process in the Parks and Community Services Department.
3. Construction Drawings will be prepared at a scale deemed appropriate by the Engineer. Plan and
Profile drawings will be provided at a scale of 1"=20' horizontal and either V=T or 1"=4' vertical
depending on site conditions.
3. Construction Administration Assistance (to be constructed under City's maintenance contract with
a contractor and will not be bid)
A. Coordinate with the contractor. Since this contract will be completed as a maintenance item through
the City's maintenance contractor, bidding services are not included.
Be Attend pre -construction conference.
C. Conduct up to 4 site observations during construction to answer questions raised during construction
or to evaluate progress of construction.
D. Provide limited assistance during construction. Plans and specification prepared under this contract
will be provided for construction by qualified and experienced contractors. Excessive assistance will be
extra outside the scope of this contract.
E. Perform final inspection and provide a punch list for the contractor if needed.
F. Provide record drawings based on the original construction plans. Changes made by the contractor
and noted on the return set shall be the basis for the record drawings.
4. Reproduction
A. Provide 3 sets of the Concept Study for review.
Be Provide 3 sets of Preliminary Plans for review and utility clearance.
C. Provide 3 sets of Final Plans and Bid documents for review.
**All bidding reproduction and other reproduction other than that listed above shall be provided by the Client.
WORK NOT INCLUDED:
1. FEMA, Floodplain Amendments
Services related to these issues are not expected to be needed at this time. If they are, they will be provided
on an hourly basis outside this contract.
2. Offsite Drainage Studies
No offsite drainage studies or design efforts (i.e. outside of the parcel limits) are included in this proposal.
If additional offsite services are required, the Engineer will prepare an amendment to this proposal
following definition of the scope of work.
3. Wetlands and Corps of Engineers Permit (Section 404)
Page 3 of 4
Fax (817) 590-8600 2553 East Loop 820 North o Fort Worth, Texas 76118 (817) 589-0000
Mr. Peter Fu, P.E.
Fort Worth Water Department
May 8, 2010
No wetlands determination and report, submissions to Region 6 (Fort `V Urth) of the U.S. Army Corps of
Engineers (Corps), preparation and submission of an Alternative Analysis and Mitigation Proposal., or
providing compliance reporting is included in this contract.
4. Offsite Paving and Utilities
No design of paving or utilities, off -site improvements or grading are included in the contract.
5. Storm Water Pollution Prevention Plan (SWPPP)
The area disturbed by the proposed improvements is anticipated to be less than 1 acre. Therefore, no
formal S'vVPPP is included in this proposal.
6. Miscellaneous Items
No platting, construction staking, construction inspection, construction materials testing, or detailed
construction management is included in this contract.
FEES AND PAYMENT:
**Subcontractor costs include 10% administration.
needed.
Surveying
Geotechnical Report
Concept Report and Risk Advice
Engineering Planning and Design
Construction Administration Assistance
Total
Subcontractor proposals will be available for review if
$2,000
$3,300
$6,500
$8,000
$2,000
$21,800
We appreciate the opportunity to work with you on this interesting project.
Should you require additional information please feel free to contact me
richdeotte deotte.com.
�[,
Respectfully submitted,
Deotte, Inc.
g
Richard W. DeOtte, P.E., CFM
Attachment: Exhibit A
FIRM Panel
Page4of4
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817.946.6088 or
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THIS DOCUMENT IS FOR INTERIM REVIEW
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BY: Richard W. De0tte
Reg. No.: 74232
Date: 4/21 /2010
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EXHIBIT A
FORT WORTH, TEXAS
®D E OTTE, INC 2553 E. I�op 820 North
Fort Worth, Tesas 7Gll8
• Fax 817-590-86U0 Phone 817-589-000Q
C I V I L E N G I N E E a I N G F11Lti1 REGISTR 1TION: # F-00311 G (TS) %V \\ \V 1. 1TTE.CObI
DRAWN BY: SCALE: DATE: PROJECT NO.: SHEET:
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