HomeMy WebLinkAboutContract 43787 (2)STANDAR V AGR
On Y OF FORT WORTH, TEXAS
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CITY SECRETARY
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This AGREEMENT is between the City of Fort Worth, a Texas home rule municipality
(the "CITY"), and Halff Associates, Inc., authorized to do business in Texas, (the
"ENGINEER"), for a PROJECT generally described as: Village Creek Water Reclamation
Facility Levee(s) Re=Certification.
Article
Scope @f Services
A. The Scope of Services is set forth in Attachment A.
Article II
mpensati zI
A. The ENGINEER's compensation shall be in the amount of $535,543.00 as 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
limited 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 until
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 7.22.2011
Page 1 of 14
OFFICIAL RECORD
CITY SECRETARY
FtWORTH,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
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 7.22.2011
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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: 7.22.2011
Page 3 of 14
(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/WBE) 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: 7.22.2011
Page 4 of 14
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 pnmary insurance with respect to any other
City of Fort Worth, Texas
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PMO Official Release Date: 7.22.2011
Page 5 of 14
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.
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.
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 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
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PMO Official Release Date: 7.22.2011
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(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 Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
g.
Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V 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.
Any deductible or self insured retention in excess of $25,000 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.
J.
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.
Lines of coverage, other than Professional Liability underwritten on a
claims -made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
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PMO Official Release Date: 7.22.2011
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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.
I. 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.
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 authonties require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications as required, at
its own cost and expense. However, if design changes are required due to the
City of Fort Worth, Texas
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PMO Official Release Date: 7.22.2011
Page 8 of 14
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.
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 7.22.2011
Page 9 of 14
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.
Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV E. regarding the ENGINEER's Personnel at Construction Site and
provisions providing contractor indemnification of the CITY and the ENGINEER
for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by the
ENGINEER "
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3)
The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 7.22.2011
Page 10 of 14
(4) Nothing contained in this section V.H shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3)
The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B Reuse of Project Documents
All designs, drawings specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
City of Fort Worth, Texas
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PMO Official Release Date: 7.22.2011
Page 11 of 14
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 wntten 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, stakes, 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 wntten 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 wnting prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay or
interruption, an equitable adjustment in the PROJECTs schedule, commitment
and cost of the ENGINEERs personnel and subcontractors, and ENGINEER's
compensation will be made.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 7.22.2011
Page 12 of 14
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, 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.
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 7.22.2011
Page 13 of 14
ATTEST:
I cc ' i
City Secretary
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B — Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
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M&C No.: C sa`4-0
M&C Date: `i - (3. I
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 7.22.2011
Page 14 of 14
By::Y V
S Frank Crumb, RE
Director, Water Department
r
H a lff Associates, Inc.
By:
Russell Killen, P.E
Vice President
ATTACHMENT A
DESIGN SERVICES FOR
VILLAGE CREEK WATER RECLAMATION FACILITY LEVEE(S) RE -CERTIFICATION
CITY PROJECT NO.: WRT-2001-300007
ATTACHMENT A
Scope for Engineering Design Related Services
DESIGN SERVICES FOR
VILLAGE CREEK WATER RECLAMATION FACILITY LEVEE(S) RE -CERTIFICATION
CITY PROJECT NO.: WRT-2001-300007
The Village Creek Water Reclamation Facility Levee(s) re -certification project objective is to
perform the necessary evaluations needed to certify the levees at the Village Creek Water
Reclamation Facility Main Plant Site and the Sludge Only Landfill meet the FEMA
requirements defined in CFR Title 44, Chapter I, Part 65, Section 65.10
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project.
Task 1.
Task 2.
Task 3.
Task 4.
Task 5.
Task 6.
WORK TO BE PERFORMED
Design Management
Geotechnical Investigation
Hydraulic Analysis
Levee Operations and Maintenance Manuals
Report Preparation
Survey and Subsurface Utility Engineering Services
TASK 1. DESIGN MANAGEMENT.
ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and
resources.
ENGINEER shall manage change,
• communicate effectively
• coordinate internally and externally as needed, and
• proactively address issues with the CITY's Project Manager and others as
necessary to make progress on the work.
1.1. Managing the Team
Lead, manage and direct team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 1 of 10
ATTACHMENT A
DESIGN SERVICES FOR
VILLAGE CREEK WATER RECLAMATION FACILITY LEVEE(S) RE -CERTIFICATION
CITY PROJECT NO.: WRT-2001.300007
• Levee embankment and foundation stability,
■ Potential and magnitude of levee settlement, and
® Potential for ground -water seepage under or aside the levees.
ENGINEER will develop the geotechnical investigation as follows.
2.1. Data Collection
• In addition to data obtained from the CITY, ENGINEER will research past
construction projects and associated geotechnical reports for information to
supplement the field testing.
• The ENGINEER will also identify and seek to obtain data for existing utilities that
may impact the project.
2.2. Subsurface Exploration
Experienced drillers and technicians will evaluate subsurface conditions with the
following field drilling program.
• Village Creek Water Reclamation Facility Levee
• Perform 20 borings to 80 feet
• Install 4 piezometers for ground water readings
• Sludge Only Landfill Levee
• Perform 18 borings to a range of 75 to 95 feet
• Use existing monitor wells for ground water readings. If additional
piezometers are required the ENGINEER will install them as part of the
Geotechnical Contingency after written CITY approval.
• All borings will be advanced 10 feet into unweathered rock.
• No field permeability tests will be performed. Permeability will be evaluated
with laboratory tests.
• The field personnel will drill the borings using truck -mounted equipment.
Cohesive and non -cohesive soil samples will be obtained using 3-inch
diameter Shelby tube samplers and 2-inch diameter standard split -spoon
samplers, respectively. In addition, rock encountered will be evaluated using
Texas Department of Transportation (TxDOT) cone penetration tests. A soils
logger will extrude the samples in the field check the samples for consistency
with a hand penetrometer, carefully wrap them to preserve their condition,
and return them to the laboratory for testing. A log of each boring will be
prepared to document field activities and results.
• Personnel will stake the boring locations and provide existing grade
elevations. Approximate locations of the bonngs will be shown on the boring
plan. The crew will backfill the boreholes with bentonite and plug the holes at
the surface by hand tamping after the drilling operations are complete
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 3 of 10
Geotechnical Services
Moisture Content and
S oil Identification
Percent Passing No.
200 Sieve
S ieves and
Hydrometer Analyses
Liquid and Plastic
Limits
Permeability Tests
U nconfined
Compressive Strength -
S oil
Direct Shear Tests
Consolidation Tests
U nit Weight
ATTACHMENT A
DESIGN SERVICES FOR
VILLAGE CREEK WATER RECLAMATION FACILITY LEVEE(S) RECERTIFICATION
CITY PROJECT NO.: WRT-2001-300007
Unit VCWRF SOL Total
ea 300 350 650
ea 40 36 76
ea 40 36 76
ea 50 48 98
ea 12 12 24
ea
ea
ea
ea
20
16
8
64
18
16
8
60
38
32
16
124
2.4. Geotechnical Engineering Services
The ENGINEER will prepare the geotechnical section of the report to present the
results of the field and laboratory data together with the analyses of the results and
recommendations The engineering services do not follow all requirements of the
United States Corps of Engineers Southwest Division Architectural and Engineering
Instruction Manual (USACE SWD-AEIM). The report will address the following:
• General soil and ground -water conditions
• Comments on soil/rock uniformity
• Results of seepage analyses
• Critical gradient on the landside of the levees
• Estimate of seepage during design flood
• Options to alleviate blow-out on landside of levee
• Results of slope stability analyses
• Results of settlement calculations
ASSUMPTIONS
• 38 Geotechnical borings are expected for this project.
• 4 Piezometers will be installed.
DELIVERABLES
A. Geotechnical report to be included with project report.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 5 of 10
ATTACHMENT
DESIGN SERVICES FOR
VILLAGE CREEK WATER RECLAMATION FACILITY LEVEE(S) RE -CERTIFICATION
CITY PROJECT NO.: WRT-2001-300007
DELIVERABLES
A. Hydraulic Analysis report included in final report.
B. Supporting hydraulic models and results in electronic format.
TASK 4. LEVEE OPERATIONS AND MAINTENANCE MANUALS
The ENGINEER will prepare Operations and Maintenance Manuals for each levee to meet
the requirements of CFR Title 44 Part 65.10. The manuals will be formatted as VCWRF
standard operating procedures or other City designated format so they can be incorporated
into the plant operations manual. The ENGINEER will also coordinate the procedures with
the Fort Worth Water Department Emergency Operations and Response Plan (EORP).
Upon completion the CITY will adopt the procedures and make any necessary revisions to
the EORP
The ENGINEER will complete the following tasks to produce the manuals:
Research existing facility documentation on levee and equipment operation and
maintenance if available. Interview VCWRF staff to determine current operation and
maintenance practices and establish historic use. The CITY has indicated that they
do not have existing operation manuals at this time
• Review the EORP for additional information on emergency operation.
• Conduct a site visit and document the levee conditions, existing equipment, outlet
structures, and any other surface structures impacting the levee This does not
include inspection of under ground facilities. These will be evaluated based on
record drawings and surface observation.
Evaluate levee closures and interior drainage systems for compliance with CFR Title
44 Part 65.10.
• Evaluate the flood warning system to confirm sufficient flood warning time exists for
the complete operation of all closures and the interior drainage system.
Develop system operation instructions based on the levee interior hydraulic analysis
and closure evaluation
• The operation plans will include specific actions and assignments of responsibility by
title for maintenance and operation of the levee closures and internal drainage
systems. The ENGINEER will coordinate with the CITY to determine the appropriate
positions for the actions.
• The operation manuals will provide provisions for periodic operation of closures and
the interior drainage system. The operation intervals shall not exceed one year.
The ENGINEER will provide the CITY manuals for preliminary review.
• The ENGINEER will conduct a review meeting to discuss the operation manuals and
provide meeting minutes.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 7 of 10
ATTACHMENT A
DESIGN SERVICES FOR
VILLAGE CREEK WATER RECLAMATION FACILITY LEVEE(S) RE -CERTIFICATION
CITY PROJECT NO.: WRT-2001-300007
TASK 6. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES
ENGINEER will provide survey support as follows.
6.1. Levee Confirmation Survey
•
ENGINEER will perform field surveys to verify levee crest elevations and verify
elevation on levee construction plans. The filed survey will be based on Texas
State Plane coordinates using the National Geodetic Vertical Datum of 1988
The following information will be collected using survey grade GPS equipment:
•
•
•
•
•
•
Geotechnical borehole locations.
Levee Cross Sections at 500 feet +/- intervals
• VCWRF Levee — 20 cross sections
• Sludge Only Landfill Levee — 20 cross sections
Top of levee spot elevations at 100 feet +/- intervals between cross sections.
Detailed survey of levee openings and walls on top of the levee.
Confirm storm water pump intake and discharge elevations
Confirm storm water drain elevations.
• ENGINEER will provide plan view drawings using aerial background to illustrate
top of levee survey points and will provide drawings of typical levee cross
sections.
DELIVERABLES
A. Copies of field survey data and notes signed and sealed by a licensed surveyor.
B. Drawing of the project layout with dimensions and coordinate list.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if
needed, upon the CITY's written request Any additional amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
additional services include the following:
• Recommendations for remedial actions.
• Design of remedial actions.
• Response to additional FEMA requests.
• Services related to development of the CITY's project financing and/or budget.
• Public meetings
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 9 of 10
ATTACHMENT B
COMPENSATION
Design Services for
Village Creek Levee Recertification
City Project No. WRT-2001-300007
Time and Materials with Multiplier Project
1. Compensation
A. The ENGINEER shall be compensated for personnel time, non -labor expenses,
and subcontract expenses in performing services enumerated in Attachment A
as follows:
•
Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by Direct Salaries
multiplied by a factor of 3.243.
Direct Salaries are the amount of wages or salaries paid ENGINEER's
employees for work directly performed on the PROJECT, exclusive of all payroll -
related taxes, payments, premiums, and benefits.
ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non -labor) include, but are not limited to, mileage, travel and
lodging expenses mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall
be reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
iv. Budgets. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that end so
that the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets as may
be adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by
the City, shall suspend all work hereunder.
When any budget has been increased ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 1 of 4
B-1
ATTACHMENT B
COMPENSATION
B. The ENGINEER shall be paid monthly payments as described in Section II
Method of Payment.
II. Method of Payment
The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Water Department. monthly progress reports and schedules in the format
required by the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 2 of 4
B-2
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm
P rime Consultant
Halff Associates, Inc.
P rimary Responsibility
P roject Management, Hydraulic
Analysis, O&M Manual
Development, and Report
P reparation
P roposed M/WBE Sub -Consultants
GM Enterprises Subsurface Exploration
Garcia Land Data, Inc. Survey
N on-M/WBE Consultants
CMJ Engineering, Inc.
Gregory Geotechnical
Geotechnical Engineering
Geotechnical QA/QC
Project Number & Name
Fee Amount
%
$178,053 33.2%
$127,200 23.8%
$17,160 3.2%
$153,400
$59,730
TOTAL $535,543
Total Fee I M/WBE Fee
$535,543 I $144,360
28.6%
11.2%
100%
M/WBE %
27.0%
City M/WBE Goal = 27% Consultant Committed Goal = 27%
Geotechnical Contingency $20,000
Total Possible Project Fee $555,543
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 3 of 4
B-3
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 4 of 4
Professional Services Payment Request Project Manager: Aaron Long
Project: Village Creek Levee Recertification
City Project#: WRT-2001-300007
City Sec Number: Consultant Instructions:
Company Name: Halff Associates, INC.
Consultant's PM:
Vendor Invoice #:
Payment Request #:
From Date:
To Date:
Invoice Date:
Sheet
Work Type 1
Work Type 2
Work Type 3
Work Type 4
Work Type 5
Work Type 6
Dennis Haar
Summary
Fill in green cells including Invoice Number, From and To Dates and the included worksheets.
When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
email: dhaar@halff.com
Office Address: 4000 Fossil Creek Blvd.
Telephone: telephone 817-847-1422
Fax: fax 817-232-9784
Remit
FAC and Work Type Description
Totals This Payment Request
Fort Worth, TX 76137
4000 Fossil Creek Blvd. Fort Worth, TX 76137
Agreement
Agreement Amendment Amount to Amount Percent ($) Invoiced Current Remaining
Amount Amount Date Spent Spent Previously Invoice Balance
Overall Percentage Spent:
Halff Associates, INC.
4000 Fossil Creek Blvd.
Fort Worth, TX 76137
CFW Project Manager
telephone 817-847-1422
fax 817-232-9784
4000 Fossil Creek Blvd.
Fort Worth, TX 76137
Aaron Long
Consultant's Project Manager Dennis Haar
Consultant's email:
Name of Project :
Labor Category
Project Director
ITechnical Expert
I Project Manager
I Project Engineer
IEIT
I CAD Technician
12-Man Survey Crew
Survey Technician
Administrative
Total Labor
[Subcontract Service
dhaar@halff.com
Village Creek Levee Recertification
Name
Subcontract Service - <1 example>
Subcontract Service - <2 example>
etc
Subcontractor Subtotal
10 Percent Markup on Subcontract Services
Nonlabor Expenses
Nonlabor Expense Subtotal
Consultant Project No.
Proj. Invoice No.
Invoice date:
Period From Date
To Date
City Secretary Contract #:
P.O. Number:
Hours Rate ($/hr)
0.0
Total Expenses (Subcontract Services+Markup+Nonlabor Expenses)
n
Amount
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Invoice
$0.00
$0.00
TOTAL DUE THIS INVOICE $0.00
EXHIBIT "B-2"
GEOTECHNICAL UNIT COSTS
(Supplement to Attachment B)
Geotechnical Services
Mobilization
Soil Drilling -Intermittent Sampling (0-25 ft )
Soil Drilling -Intermittent Sampling (25-50 ft.)
Soil Drilling -Intermittent Sampling (50-75 ft )
Soil Drilling -Intermittent Sampling (75-100 ft.)
Rock Drilling (50-80 ft.)
THD Cone and SPT
Hollow Stem Augers
Borehole Backfilling (Bentonite)
Monitor Well Installation
Moisture Content and Soil Identification
Percent Passing No. 200 Sieve
S ieves and Hydrometer Analyses
Liquid and Plastic Limits
Permeability Tests
U nconfined Compressive Strength -Soil
Direct Shear Tests
Consolidation Tests
U nit Weight
Unit
ea
ft
ft
ft
ft
ft
ft
ft
ft
ea
e a
ea
ea
e a
ea
e a
ea
ea
e a
Unit Price
$420
$13
$15
$17
$19
$21
$26
$16
$8
$2,625
$6
$42
$315
$63
$236
$42
$473
$420
$11
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Village Creek Water Reclamation Facility Levee(s) Re -Certification
City Project No. WRT-2001-300007
No changes to the Standard Agreement
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of l
ATTACHME
Sludge Only Landfill
1 Village Creek
Crrs Oaks. —
Drying Beds
. I 1 I , :6 ...' , EL.. ..-• ,,,,,...* .. .°' , •
. a • i. r..... l , .�R.+ C ' i
j+.. lo+ 1'..'4.� ++}'�1 +,f+.', • { }i h�. }J�\. Ta
)."--7':, -t,-'r.-: _IT
..........,
....
,....
.. Y' T i' I ,,r _1
�. • .' - y�.. ivy - � r'.�,
-I.
YJr
en se
Task No. Task Description Total Expense Task Sub Total
Travel Reproduction Cost
1.0 Project Mana ement $0 $0 $59,730 $76 999
1.1 Managing the Team
1.1.1 Internal Team Meetings $0 $0
1.1.2 QAIQC $59,730 $74,082
1.2 Communications and Reporting
1.2.1 Pre-Design Coordination Meeting $0 $11284
[monthly,bi-monthly,monthly]Proje,
1.2.2 Update Meetings $0 $0
1.2.3 Des i n Submittal Review Meetings $0 $0
1.2.4 Prepare Baseline Schedule $0 $218
Prepare Monthly Progress Reports v
1.2.5 Schedule $0 $2,370
1.2.6 Prepare Monthly MW BE Reports $0 $770
1.2.7 Invoicing $0 $2,275
2.0 Geotechnical Investigation $100 $28096001 $282 084
2.1 Data Collection $0 $19484
2.2 Subsurface Exploration $127,200 $1279200
2.3 Laboratory Services $64,580 $649580
2.4 Engineering Services $100 $88 820 $88,820
3.0 Hydraulic Analysis $0 $0 $0 $63,720
3.1 Levee Freeboard $01, $22,048
3.2 Interior Levee Drainage $0 $41,572
4.0 Levee O&M Manuals $0 $100 $100 $27 285
4.1 Data Collection $0 $1,460
4.2 Site Visit $0 $3 024
4.3 Develop Operation Plans $100 $100 $219518
4.4 Review Meeting $0 $1,284
City of Fort Worth,Texas
Attachment B-Level of Effort Supplement
PMO Official Release Date:5.19-2010
Anse
Task No. Task Description Total Expense Task Sub Total
Travel Reproduction Cost
5.0 Re ort Pre eration $0 $200 $200 $45981
5.1 Develop Report $200
5.2 Complete LGMR Applications $0 $23,490
5.3 Review Meeting $0 $11284
6.0 Sure $0 $0 j$17,160 7,154 $21772
8.1 Field Survey $17,160
8.2 Levee Drawin s $0 $4,612
$0 $400 7,790 $517,673
Project Summa
Total Hours 1,581
Total Labor $159,883
Total Expense $357,790
MWBE Subconsultant $144,360
Non-MWBE Subconsultant $213,030
5% Sub Marku $17,870
MWBE Participation 27.0%
Project Total $535,543
Geotechnical Conten enc $20,000
Total Project Cost $555,543
City of Fort Worth,Texas
Attachment B-Level of Effort Supplement
PMO Official Release Date:5.19.2010
City of Fort Worth, Texas
Mayor and Council Communication
11-
" a..__ ucurakk.. Bt,z a..n..ft_r._.Ia. x
COUNCIL ACTION: Approved on 9/18/2012
DATE- Tuesday, September 18, 2012
LOG NAME- 60VILLAGE CREEK LEVEE CERTIFICATION
SUBJECT:
Authorize the Execution of an Engineering Agreement with Halff Associates, Inc., in the Amount of
$535,543.00 for Engineering Services Needed to Obtain FEMA Levee Certification for the Village Creek
Water Reclamation Facility Main Plant Site Levee and the Sludge Only Landfill Levee, Sludge De -Watering
Facility Site (COUNCIL DISTRICT 5)
REFERENCE NO.: **C-25850
RECOMMENDATION.
It is recommended that the City Council authorize the execution of an engineering Agreement with Halff
Associates, Inc., in the amount of $535 543.00, for Engineering Services needed to obtain FEMA levee
certification for the Village Creek Water Reclamation Facility main plant site levee and the Sludge Only
Landfill levee, Sludge de -watering facility site.
DISCUSSION:
The Village Creek Water Reclamation Facility (VCWRF) is a 166 million gallon per day (MGD) water
reclamation facility serving the City of Fort Worth and 23 other cities The facility was originally constructed
in 1958 as a five MGD facility and has been expanded over time to its current rated capacity
The existing VCWRF levee system is comprised of three separate levees in the Tnnity River floodplain.
After Hurricane Katrina, formal requirements for levee certifications were revised by the Corps of
Engineers and Federal Emergency Management Agency (FEMA). The existing levees are providing
adequate protection and have demonstrated stability. However, the existing levees are not accredited by
the FEMA In order to update the Flood Insurance Rates Maps (FIRM) to show the VCWRF areas as
protected and outside the floodplain, the levees must be certified by a Professional Engineer before they
are accredited by FEMA.
The proposed scope of work includes geotechnical sampling, testing and analysis, hydraulic analysis of
levee freeboard in the floodplain and hydraulic analysis of drainage within the levee preparation of
operations and maintenance manuals and the development of reports needed to certify and accredit the
levees at the Village Creek Water Reclamation Facility main plant site and the Sludge Only Landfill
according to the FEMA directives, 44 CFR Section 65.10. Certification of the Sludge Drying Beds levee
may be considered separately at a later date as a separate contract.
Halff Associates, Inc., agrees to perform the necessary work for a fee not to exceed $535,543.00. Staff
considers this fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount, $20,000.00 is requested for contingencies for assistance with
developing responses to FEMA, if necessary and additional geotechnical work above the contracted
amount as needed.
Halff Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to 27 percent
Logname: 60VILLAGE CREEK LEVEE CERTIFICATION Page 1 of 2
M/WBE participation. The City's goal on this project is 27 percent.
This cost was not previously budgeted but the Water department has identified savings to offset the cost.
This project serves the entire City and is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Water and Sewer Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 531200 0705005 $555.543.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
S. Frank Crumb (8207)
Aaron Long (4970)
ATTACHMENTS
1. 60VILLAGE CREEK LEVEE CERTIFICATION MWBE pdf (CFW Internal)
2. Levee Map.pdf (Public)
3. PE45-5ZZZZZ-070ZZZZ.docx (CFW Internal)
Logname: 60VILLAGE CREEK LEVEE CERTIFICATION Page 2 of 2