HomeMy WebLinkAboutContract 28438CIiY S�E�RE�q�Y �
co�u�°�Ac� �. 4����
CIiY B� FORi WORiH, i�XAS
SiAi�DRR� AGR��fUI�NT FOR ENCIN�ERINC S�RVIC�S
This AGREE�IENT is between the City of Fort Worth {the "C�TY"}, and F'reese and NichoEs,
Inc., (the "ENGINEER"), for a PROJECT generally descril�ed as: F'rench �ake Dam Rehabilitatian.
Artic�� I
Scope of Services
A, The Scape of Services is set forth in Attachment A.
►4rticle II
Gompensation
A. The ENGIN��R's compensation is set forih in Attaehment B.
Article I[[
ierms of Paymeni
Payments to the ENGINEER w311 be made as follows:
A. In�oice and Payment
(1) The Engineer shall provide the City sufficient documentation ta reasona�ly
substan#iate the in�oices.
(2) Monthly invoices will be issued by the ENG1N EER forall work p��formed ur�der
this AGR�EMENT. Invoices are du� and payable within 30 cfays of rec.eipt.
(3} Upon complet�on of services enumerated in Article I, the final payment of any
balance wip be due within 30 days of receipt of ihe final invoice.
(4) In the event of a disputed or contestecf billfng, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will ex�rcise reasonableness in contesting any bill or porfion thereof. No
interest will acerue on any contested portian af the bil�ing until mutually
resol�ed,
(5) lf the GITY fails to make �ayment in full to ENGfNEER for billings contested in
gaod faith within 60 days of the amouni due, the ENGINEER may, after giving
seven (7) days' written notice to CITY, suspend services under ti�is
AGREEMENT until paid in full, including interest. In the event of suspension of
s�rvic�s, the ENGINEER shall ha�e no IEability to CITY for delays or damages
caused the CITY because of such suspension of services.
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Article IV
�bligations of the �r�gineer
Amendments to Article IV, if any, are included in Attachment C.
A, General
The ENGINEER wifl serve as the CITY's professional engineering represeniative �nder
this Agreement, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
�. 5tandard of Care
The standard of care applicable to the �NGINEER's services wilf be the degree of skill
and dilEgence normally employed in the State af Texas by� professional engineers or
consultants performing the same or similar services at the time such services are
performed.
C. Subsur�ace In�estiga#ions
(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 investigatians in connection with cEesign and engineering work to
be performed hereunder. The ENGIN�L�R shall also advis� the GITY
concerning the results of same. 5uch surveys, tests, and investigations shall
be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In sails, foundation, graundwater, and other subsurface investigaiions, the
actual characteristics may vary significantly between successive test poinis
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changecE or unanticipated
undergraund conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/executiori effects are not the
responsibility of the ENGINEER.
D. P�reparation of �ngineering �rawings
TF�e ENGINEER will provide to the CITY the original r�rawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approued by C[TY, which shalf
become the praperty of the CITY. C{TY may use such cirawings in any manner it
c�esires; provided, howe�er, that the ENG W�ER shall not be liable far the use of such
drawings for any project other than the PROJECT described herein.
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I�, ��gineer's �erson�el at Gonstruction Site
(1) Th� pr�sence or duties of the ENGINEER's personnel at a cflnstruction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its persannel in any way r�sponsibl� forthase duties thafi belong to the CITY
andlor the CITY's canstructian contractors or other erttit9es, and do not relieve
the construction contractors or ar�y o#her entity of their oL�liga#ions, duties, and
responsibilfties, including, but nat limited ta, all consfruction methocfs, means,
techniques, sequences, and �rocedures necessary for coordinating and
campleting all portians af the construction work in accordance with the
Contracfi ❑ocumenis and any health or safety precautions required by such
construction v�ork. The ENGINEER and its personnel ha�e no authQriry to
exercise any control o�er any construction contrackor or other entity or their
emplayees in connection with th�ir work or any health ar safety precautions.
(2) Except to the extent af specific site �isits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibilityto visit the construction site to bacome familiar with the progr�ss
or quality of the campleted work on the PROJECT or to determine, in general,
if the workon the PRO�ECT is being performed in a manner indicating that the
PROJ�CT, when campleted, will be in accordance with the Contract
Documents, nor shall anything in the Cantraet Documents or the agreement
between CITYand ENGINEER be constr�ed as requiring ENGINEER to make
exhausti�e vr continuous an-site inspections to discover latent defects in the
work or otherwise check the qual9ty or quantity of the work on the PROJECT.
If, for any reason, the ENGIN��R should make an on-site obser�ation(s), an
the basis of such on-site observations, if any, the ENGINEER shall endeavorto
ke�p the CITY informed of any deviation from the Gontract Docum�nts com�ng
to ihe actual notice of ENGINEER regard9ng the PROJECT.
(3} W hen professional certification of performance or charact�ristics of materiafs,
system5 or equipment is reasonably required to perfarm the services set forth
in the Scope of 5ervices, the �NGINE�R shall be entitled to rely upon such
certificatian to establish ma#erials, systems or equipment and performance
criteria ta be required in the Contract Dacuments.
�. Opinions of �robable Cos#, Financial Considerations, and Schedules
(1) The ENGINEER shall pravide opinions of prabable costs based on the curr�nt
available informatfon at the time of preparation, in accordance with Attachment
A.
(2) [n providing opinions of cost, fir�ancial analyses, econamic feasibility
projections, and schedules forthe PR�JECT, the ENGINEER has no control
over cost or price of labor and rr�aterials; unknown or latent conditions af
existing eguipment or structures that may affect operation or maintenance
costs; competitive bidding procedures and market conditions; time or qualify of
perfarmance by third par�ies; 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, t�e
ENGINEER makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or scY�edules wilf not vary from the
EfVGINEER's opinians, analyses, �rojections, or est[mates.
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G. Construc#ion �'ragress �aymenis
Recommandations bythe ENGIN�ER to the CITYfor periodic construction progress
payments to the construction contractorwill be i�ased an the ENG[NEER's knowledg�,
information, and belief fram selective sampling and observation that the work has
progressed to the point indicaied. Such recomm�ndations do not represent ihat
continuous or detailed �xaminatians have been made by the ENGINEER to ascertain
thaf the canstructian contractor has completed the work in exact accordance witn the
Contract Documents; that the final work will be acceptat�le in aEl respects; that the
ENGINEER has made an �xamination to ascertain haw or for what purpose the
construction contractar has used the moneys paid; that title to any af the work,
materials, ar aq�ipment has passed to the CITY fr�e and clear of liens, claims, security
interests, or encum�rances; or that fihere are not ather matters at issu� beiw�en tne
CITY and the canstruction cantractor that affect the amount that shauld be paid.
b. Reaord �rawings
Record drawings, if required, will b� prepared, in parfi, on the basis of informafion
compiled and furnished by others, and may nat always represent the exact location,
type of various cvmponents, or exact manr��r in which the PR4JECT was finally
constructec�. The ENGIN��R is not responsible for any errars or omissions in the
infarmatian from others that is incorporated into the record drawings.
I. Il�inority and Woman �usiness �nterprise (Ni1WB�) participation
In accord vaith City of �ort Worth 4rdinance No. 1 i 923, as amended by 4rdinance
i 3471, the City has goals for the participation of minority business enterprises and
waman �usiness enterprises in City contracts, Engineer acknowledges the M/WBE
goal established for this contract and its comm�tment #o me�t that goal, Any
misrepresentation �f facts {other than a negligent misrepresentation) and/or the
cflmmissian af fraud by the Engineer may result in the terrnination of this agreement
and debarment from participating in City contracts for a period of time of not less than
three (3) years.
J. Righ# ta A�di#
(1) ENGINEER agrees that the CITY shall, until �he expiration of three (3) years
after final payment under this contract, hav� access to and the right #o examine
and photocopy any directfy pertinent boaks, documents, papers and records of
the �NGINEER ir�vol�ing transactions relat�ng to this contract. ENG[NEER
agrees that the CITY shall have access during normal working haurs ta all
necessary ENGINEER facilities and shall be provided adequate and
appropriate workspace in order to conduct auc�iis in compliance with the
provisions of this section. Th� CITY shall give ENGINEER reasonal�le
ad�anc� notic� of intended aud9ts.
{2) ENGINEER further agrees to include in alf its subconsultan# agreements
here�tnder a provision ta the effect that the subconsultantagrees thatth� CITY
shall, until #he expiration of three (3) years after final payment under the
subcontract, have access to and the right to e�amine and photflcopy any
directly p�rtin�nt baoks, documents, papers and records of such
subeonsultant, involving transactions to the subcor�tract, and further, that the
�
CITY shall har�e access during normal working hours ta all suf�consultant
facilities, and shali be pro�id�d adequate and appropriate worK space, in ord�r
to conduc# audits in compliance with the pro�isions of this article tagether with
subsection (3)hereof. CITY shall give subconsultant reasonable ad�ance
notice of intended audits.
(3) ENGINEER and sufoconsultant agree to photo copy such documents as may
be requesied by the CITY. The C1TY agrees to reimburse ENGINEER far tl�e
cost of copies at the rate published in the T�xas A�ministrative Code in effect
as of the time copying is perfarmed.
Ft, �N�I{V��R's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate�s} of insurance documenting policies of
the following coverage at minimum limits which are to be in effect prior to
commencement of work on the PROJECT:
Commercial Genera! Liability
$1,0�0,�00 each occurrence
$1,O�D,ODO aggregate
Automobile Liability
$1,000,000 each accident (or reasa�ably equivalent limits of coverage if writte� on a
split [imits basis). Caverage shall be on any �ehicle used in the course of the
PROJECT.
Worker's Compensation
Coverage A: statutary limits
Coverage B: $10�,D00 each acc9dent
$6Q0,000 diseas� - po[icy limit
$100,000 disease - each employee
Prof�ssional Liabiiify
$�,Do0,D0� each claimlannual aggregate
$2,040,a00 aggregate
The retroacti�e date shall be coincident wifh ar priar ta the date of the cantractuaf
agreement and the certificate of insurance shall state that the coverage is claims-
made and the retroactive date. The insurance coverage shall be maintained farthe
duration of the contractual agreement and fi�e {5) years follawing cflmpletian of the
service pro�ided under the co�tractual agreement. An annual cer�ificate of
insurance submitted to the City shall evidence such ir�surance eoveraga.
(2) Cerkificates ofi insurance e�idencing that the ENGINEER has abtained all
required insurance shafl b� delivered to the CITY priar to ENGINEER
proce�ding with the PROJECT.
(a) Applicable policies sha11 be endorsed ta name the CITY an Additional
lnsured thereon, as its interests may appear. The term CITY shall
include its employees, officers, officials, agents, and volunteers as
respects t�e contracted services.
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(b) Certificate(s) of insuranc� shall document that insurance coverages
specified according to items section K.(1) and K.(2} of this agreement
are prouided under applicable policies docum�nted thereon.
(c) Any failure an
documentation
requirements.
part af the CiTY to request required insurance
sha[I not constitute a waiver of the insurance
(d) A minimum of thirty (30) days notice of cancellation, non-renewal or
material change in co�erage shall be pravided to the CITY. A ten (10)
days r�otice s�all be acceptable in the e�ent of non-payment of
premium. Such terms shall be endorsed onto �NGINEER's i�surance
policies. Natice sha[I be sentto the resp�etive Deparkment Director (by
name), Ci�y of Fort Warth, 1400 Thrackmorton, Fort Worth, Texas
761 d2.
(e) The insurers for all policies must be licensed/approved to do business
in the State of Texas. Except for worker's compensation, all insurers
must have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equiva[ent financial sfrength and
solvency to the satisfaction of Risk Management.
(f) Deductible fimi�s, or self insured retentions, afifecting insurance
required h�rein may be accepfiable to the CITY at its sole discretion;
and, in lieu af traditional insurance, any alternati�e co�erage
maintained khrough insurance pools or risk retention groups must be
also approved. �edicated financial resources or letters of credit may
also be accepta�Ole to the City.
(g} Applicable policies shal[ each be endorsed with a waiv�r of
suhrogatian in favor of the C[TY as respects the PROJECT.
(h} The City shall be �ntitled, upon [ts request and without incurring
expense, ta review the ENGINEER's insurance palicies including
endorsements thereto and, at the CfTY's discretiar�, the ENGINE�R
may be requireci to pro�ide proof of insurance premium payments,
(I} The Commercial General Liability insurance paficy shall have r�o
exclusions by endorsements unless such are approved by the CITY.
(j) The Professional Liability insurance poficy, if written on a claims made
basis shall be maintain�d by the ENGINEER for a minimum two (2)
year period subsequent ta the term of the respecti�e PROJEGT
con#ract with #he CITY unless such co�erage is provided the
ENGINEER on an occurr�nce basis.
(k) The CITY shall not be responsibie for the direct payment of any
insurance premiums required by this agreement. lt is und�rstoad that
insurance cast is an allowable componer�t of ENGINEER's o�erhead.
(i) All insurance required in section K., exce�atforthe Professiona[ l.iability
insurance }�olicy, shafl be written on an occurrence basis jn orderta be
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approved by the CITY,
(m) Subconsultants to the ENGINEER shall be required bythe ENGINEER
to maintain the same or reasonably equivalent insuranc� co��rage as
required forthe ENGINEER. W�en insurance co�erage is maintained
bysubconsultants, ENGINE�R shall pro�ide CITYwith documentafion
thereof on a certificate of insuranc�:. Natwithstanding anything to the
contrary contained herein, in the e�ent a subconsultani's insurance
coverage is canceled or terminated, such cancellation or termi�ation
shall not constitute a breach by EIVGIfVE�R of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform afl services as an independent consultant and not
as a subcontractor, agent, or employee of the C1TY.
M, �isclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure [n writing of
any �xisting conflic#s of interest or potential confiicts of interest, inciuding personal
financial interest, c�irect or indirect, in properry abutting the proposed PROJECT and
t�usiness r�lations�ips with abutting propet�y cities. The ENGINEER fur�her
acknowledges tl�at it will make disclosure in wrifing of any conflicts af interest which
de�elop subsequent to fhe signing of this contract and prior to final payment under the
cantract.
[V. Asbestos or Haaardous Substances
(1) If asbestos or hazardous substances in any #arm are �ncountered or
suspected, the ENGINE�R will stop its own r�vark in the affected por�ions af tF�e
PROJECT to permit testing and evaluation.
(2) [f as�estos or ather i�azardous substances are suspected, the ENGfNEER will,
if requested, assist the CITY in obtaining the services o# a qualified
subcantractar to rr�anage the remediatlon activities of the PROJECT.
O. Permitting Authorities - besign Changes
If permitting authorities require design ci�anges sa as to complywith published design
criteria and/or current engineering practice standards which the ENGfNEER should
have been aware of at the time this Agreement was executed, the ENGINEER shall
re�ise pians and specifications, as required, at its own cast and expense. Hawe�er, if
design changes are required due to tf�e changes in the permitting authorities` �au�lished
design criteria and/ar practice standards criteria which are published after the dat� of
this Agreement which ti�e ENGINEER could not have been reasanably aware of, the
ENGiNEER shali notifythe CITYof such changes and an adjus#mentin compensation
will be made through an amer�dment to this AGREEMENT.
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Ar�icle V
�6ligations of fhe City
Am�ndments ta Arkicle V, if any, are included in Attachment C.
�. Cityo�urnished Da#a
TF�e CITY rrvil[ r�ake available to the ENGWEER all tecF�nical data in the CITY's
possession refating to the ENGIN��R's services on the PROJECT. The ENGINEER
may refy upon the accuracy, timeliness, and comp�eteness of the infarmation pro�ided
by the CITY.
B. Access to �acilities and Property
The CITY wil{ make its facilities accessib[e to the ENGINEER as required far the
ENGINEER's performance of its s�rvic�s and will pro�ids labor and safety equipment
as requ�red by th� ENGINEER for such access. The C1TY will perform, at no cost to
the ENGINE�R, such tests of equipment, machinery, pipelines, ar�d other components
of the CITY's faci[ities as may be required in connection with the ENGINEER's
services. The CITY will be responsible for all acts of the C1TY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agr�ed to ir� the 5cape of 5ervices, the CITY will obtain, arrange,
and pay for all acE�eriisements for bic�s; permits and licenses required by local, state, ar
federal autharities; and land, easem�nts, rights-af-way, and access necessary for the
ENGINEER's services or PR4J�CT construction.
D, iimely Re�iew
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; olotain advice af an attorney,
insurance counselor, accountant, auditor, bond and finaneial ad�isors, and other
consultants as the CITY deems appropriate; and render in writing decisions required
by t1�e CITY in a timely manner in accordance with the praject schedule in At�achment
D.
�. Prampt Notice
The CITY will give prampt written notiee to the �NGINEER whenever CITY observes
or becomes aware of any develapment that affects the scope or timing of the
ENGIN��R's services or of any defec# �n the work of ihe ENGINEER or construction
contractors.
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k. �4,shestos or Waaardous Substances and lndemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and release
ENGINEER and its officers, employees, and subcontractors from all ciaims,
damages, I055BS, and costs, including, but not limited to, attorney's fees and
litigation expenses arising aut of or relating to the presence, cfischarge,
refease, or escape af hazardous substances, contaminants, or asbestas on ar
from the PROJ�CT. Nothing eontainec� herein shall be canstrued to require the
CITY to levy, assess or collect any tax to fund this indemnification.
(2} The indemnification and release required a�ove shall not apply in the e��nt the
discharge, release or escape of hazardous substances, contaminants, or
asbestos is a resuft of ENGINEER'S negligence or if such hazardaus
su�stance, coniaminant or asbesfios is brought anto the PROJECT by
ENG[NEER.
C. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarc�ing the ENGIN��R's Personr►el at Construction 5ite, and pro�isions providing
contractor indemnificatian af fhe C1TY and the ENGINEER for contracto�'s negligence.
H. Gontractor CEaims and �hirdoParty Ben�iiciaries
(i) The CITY agrees to include the folbwing clause in all contracts with
construction contractors and equipment or materials suppliers:
"Cantractors, subcontractors and equipment and materials 5t�ppliers
on the PROJECT, or their sureties, shall maintain no d9rect action
against the ENGINEER, its officers, employees, and su�contractors,
for any claim arising out of, in connection with, or resulting from the
engineering services performed. On[y th� CITY will lae the beneficiary
of any undertaking L�y the ENGINEER."
(2j This AGR��M�NT 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 ir�clud� in each agreement it enters into with any other entity or
person regarding the PRDJ�CT 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. shali be construed as a wa9ver of any
right the CITY has to bring a claim against ENGINEER,
[. CIiY's Insurance
(1) Ti�e CITY may maintain property insurance on certain pre-existing structures
associated with the PROJ�CT,
(2) The CfTY will ensure that Builders RisWlnstallation insurance is maintained at
the replacerrient cost �alue of the PROJECT. The CITY may provide
ENGINEER a copy of tne policy or documentation of such on a certifiicate af
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insurance,
{3) The CITY wi11 specify that the Build�rs Riskllnstallation insurar�ce sf�all loe
comprehensive in coverage appropria#e to the PROJECT risks.
J. Litigation Assis�ance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to su�port, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the C1TY, In the event CITY requssts such
services of the ENGINEER, this AGRE�MENT shall b� arr�ended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or appro�e changes within the general 5cape of Services in this
AGREEMENT. If such changes affect the ENGINEER's cast of or time required for
perFormance of the services, an equitable adjustment will be made thraugh an
amendment t� this AGREEMENT with apprapriate CITY approval.
Article VI
General Legal Pror�isions
Amendments to Article VI, 'tf any, are included in Attachmeni C.
�. Authorization to �roceed
ENGINEER shall be authorized to proceed wit� this AGREEMENT upon rec�ipt of a
written Notice to Proce�d from the CITY.
B. �euse of Project Documents
AI1 designs, drawings, specifications, dacuments, and other wark products of the
ENGINEER, whether in hard copy ar in electronic form, are instrumants of service for
this PR�JECT, whether the PROJECT is completed or not. Reuse, chang�, or
alteration by the CITY or by others acting through ar an hehalf of the CITY of any such
instruments of service without the written permission of the ENGINEER wiil be at the
C1TY's sole ri�k. The final designs, drawings, specifiicatio�s and documents shall be
owned by #he GITY.
C, �orce IV[ajeure
The ENGIN�ER is r�ot responsible #or damages or delay in p�rformance caused by
acts af God, strikes, lockouts, accidents, or other events beyor�d the control of the
ENGINEER.
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�. iermination
(1) This AGREEMENT may be terminated only by the City far convenience on 30
days' written notice. This AGREEMENT may be terminated by either the CITY
or the ENGINEER for cause i# either party fails substantiallyto perform through
no fault of the other and does nat commence correction of such
nonperformance with five (5) days of written notice and diligently complete the
correction thereafter.
{2) If this AGREEMENT is t�rminated for the con�enience of the City, the
ENGfNEER will be paid for termination expenses as follows:
a) Cost of reproductian af par�ial ar complete studies, plans,
specif[cations or ather forms of ENGf NEER'S work product;
b} Out-of-pocket expenses for purchasing storage cantainers, microfilm,
electronic data f�les, and other data storage supplies or s�rvices,
c} The time requirements for the ENG[NEER'S personnel to document
the work underway at the time the CITY'S termination forconr�enience
so that the worfc effort is suitable for lortg time storage.
(3) Prior ta proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all terminatior� expenses. The CITY'S approval
will be obtained in writing prior ta proceeding with termination services.
I�. Sus�ension, �]e[ay, or Interruption to Work
The CITY may suapend, delay, or interrupt the se�vices af the ENGINEER for the
cflnvenience of tha CITY. In the e�ent of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's sch�dule, cammitment and cost of the
�NGIN�ER's personnel and subcontractors, and ENGINEER's compensation wi[I be
made.
�. [ndemnification
(1) The ENGINEER agrees to indemnifyand defend the CITYfrom anyloss, cost,
or exper�se claimec{ by third parties for prop�rty damage and bodily injury,
including death, caused solely by the negl�gence or willfu[ misconduct of the
ENGINEER, its empioyees, officers, and subcontractors in connection with the
PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the C1TY (ar
a person identifiec[ aba�� for whom each is liable) is a cause of such damage
or injury, the loss, cost, or expense shall be snared �etween the ENGENEER
and the GITY in �ropor�ion to their relati�e degrees af negligence ar willful
misconduct as determined pursuant to T.C.P. & R. Code, sec�ion 33.011(4)
(Vernon Supplement 1996}.
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C. �ssignment
Neither parly wifl assign all or any part of this AGREEMENT withaut the prior wriiten
consent of the ofiher party.
li, Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
und�rstandings between the parti�s and shall apply fo all the different theories of
recovery, including breach of contract or warranty, tort including r�egligence, strict ar
statutory liability, or any other cause of action, except for willful misconduct ar gross
negligence for limitations of liabiliry and sole �egligence for indemnification. Par�ies
means the CITY and the ENGINEER, and their officers, employees, agents, and
subcontractors.
I. Jurisdictian
The law of the 5tate of T�xas shal[ govern tne validity of this AGREEMENT, its
interpretation and performance, and any o#her claims related to it. The venue for any
litigation related to this AGREEMENT shall be Tarranf Caunty, Texas.
J. Rlternate �ispute �esolution
(1} Al! claims, disputes, and other matters in question between the CITY and
ENGfNEER arising out of, or in connection with this Agr�ernent or the
PROJECT, or any breach of any obligatiort ar duty of CITY or �NGINEER
hereunder, will be submitted to mediation. If inediation is unsuccessful, the
claim, dispute or ather matter in questian shall be submitted to arbitration if
both parties aciing reasonably agree that the amount of the dispute is likely to
be less than $54,�00, exciusive af attorney's fees, costs and expenses.
Arlaitration shall be in accordanc� with the Construction Inciustry Arbitration
Rules of the American Arbitration Association ar other applicable rules of the
Association then in effect. Any award render�d by the arbitrators less than
$50,004, exclusive of attorney's f�es, costs and expenses, will be final,
judgment may be entered therean in any court having jurisdiction, and will not
be subject #o appeal or modification except to th� extent permitted by Sections
10 and 11 of the Federal Arbitration Act (9 U.S,C. 5ectians 10 and 11).
(2) A�y award greater than $50,000, exclusive of attorney'S fE�S, costs and
expenses, may be litigated by ei#her party on a de novo basis. The award shall
become finaf ninety (90} days from the date sarne is issued. If fitigation is filed
by either �arty� within said ninety (90} day period, the award shall become null
and void ar�d sha[I not be used by either party for any purpose in the litigat[on.
K. Se�erability and Suruivaf
Ifi any of the provisions cantained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalic[ity, illagality, or
unenforceability will not affect any ather pravision, and this AGREEMENT shall be
construed as if such ir�valid, illegal, or unenforceal�le provision had never been
contained herein, A�tic[es V,�., VI.B., VLD., Vf.H., VI.I., and VI.J, shall survive
termination of this AGREEMENT for any cause.
--12-
�. Observe and Comp[y
ENGINEER shall at all times ol�serve and compiy with a!I federal and 5tate laws and
regulations and with all City ardinances and regulations which in any way affect this
AGREEMENT and the work hereunder, anc! shall observe and complywith all orders,
laws ordinances and regulations which may exist or may be enacted later by gowerning
bodies �aving jurisdiction orauthority for such �nactment. No plea af misuncEerstanding
or ignorance thereof shall be considered. ENGIN��R agrees to defend, incEemnify anci
hold harmless CITY and all of i#s officers, agents and employees from and against all
claims or liability arising out of the violation of any such arder, law, ordinance, or
regulation, wh�ther it be by itself or its employees.
Article VII
Attachments, Sc[�edules, and Signatures
This AGREEMENT, including its attachmen#s and schedules, constitutes the entir� AGREEMENT,
supers�cfes afl priorwritten ororal understandings, and mayonlybe changed byawritten amendment
executed by bath parties. The following attachments and schedules are hereby made a part of this
AGREEMENT:
Attachmenf A- 5cope of Services
Attachment B - Compensatian
Attachment C- Amendments to Standard Agreemant for �ngineering Services
Attachment D - Project Schedule
Attachment E — Location Map „
ATT�$T:
�.� . .�r...
�loria Pe�on
City Secr�tary
_ CITY 4F F� W T
_/ -
� �. . By: �.l . J
Joe Pan agu /�lssistant City TWanagee
L� , _�� � �� . ..a . . �,
cc�r����� �u�Y�c��i���io�
�..�:,�,, � _-�—'� .��.��_. _���---� _
�atE
APPROVED AS TO FORM
AND LEGALITY
�
Assistant City Attorney
: ���
�� �`n��
'`� °' � �
4 ��
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APPROVAL RECOMMEN�ED
Il M �� . �, �` , .
�e - �~� � ' '� -_
�a-_ w —
RichaPd �a�ala, DirectaP
Partcs and Community Ser�ices �epartm�nt
F'R�ESE AND NICHOLS, INC.
ENGINEER
By:
.`
A`T�ACi�IV��fV f '�A��
Generai Scope of Services
"Scape of Services sef forth herein can only be modified f�y addrfions, clarifieatians, and/ar deletions
set forth in the supplemental Scape af Services. In cases af conflict 6etween the Supplemenfal Scope
of Services and the General Scope of Servic�s, th� Supplemenfal Scope of Se►vices shall have
precedeRce over ihe Genera! Scope of Services."
G�N����
1) Preliminary Conference with Gity
The Fngineer shall attend preliminary conferences with authorized repr�s�ntati�es of the Ciiy
regarding the scape of projeci so that the plans and specifications which are ta be de�eloped
hereunder by the Engineer will result in pro�iding facilities which are economical in design a�d
conform to #he City's requirements and E�udgetary canstraints.
2) Coordination with Outside AgencieslPublic �ntities
The Engineer shall coordinate with officials of other outside agencies as may be necessaryfor
the des�gn af the pro}aosed street, and stvrm cfrain and/or water and wastewater facili-
ties/improvements. �t shal[ be t�e Engineer's duty hereunder to secure necessary information
from such outside agencies, to meet their requirements.
3} G�otechnicallnvestiga#ions
The Engineer shall ad�ise the Gity of test borings, and other subsurfac� investigatians that
may be needed. In fhe event it is determined necessary to make barings or excavate test holes
or pits, the Engineer shall in coordination with the City and the City`s geotechnical engin�ering
cansultant, draw up specifications for such testing program, The cost of the borings or
excavations shall be paid for by �he City.
4) 1�lgreements and Permits
T�e Engineer shali complete all formslapplications to allow the City of Fort Worth to obtain any
and all agre�m�nts and/or p�rmits normally requ�red for a praject of this si�e and type. TY�e
Engineer wi11 be responsible for negotiating and coordinating to obtain a�proval of the agency
issuing the agreement and/or permits and will make any re�isions necessaryto bring th� plans
into campliance with the requirements of said agency, including but not limited to highways,
railroads, water authorities, Corps af Er�gin�ers and other utilities.
5) �esign Changes F�elating to �ermitting Authorities
If permitting authorities require design changes, the Engineer shall re�ise the plans and
specifications as require�) at the Engineers own cost and exp�nse, unless such et�anges are
required due to changes in fihe design of the facilities made by the permi#ting authority. If such
changes are required, the Engineer shall notify th� City and an amendment to the contract
shall be made if t�e Engineer incurs additianal cast. [f there are unavflidable delays, a mutually
agreeaiale and reasonable time extensinn shall �e negotiated.
_�_
G) �lan Submitial
Copies af the original pfans shall be provided an reproducibfe mylar or appro�ed p[astic film
sheets, or as otherwise approved by the Department of Engineering and 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 fior the use of such drawings for any project other than the
project described herein; and further provided, that the Engineer shall not be [iable for the
eonsequences of any changes that are made to the drawings or changes that are made in the
implementa#ion of the drawings without the written approva� of the Engineer.
PbA51� 1
7) Right�of-Way, �asement and l�and Acquisitio�t Need�
The Engineer shall determine the rigF�ts-of-way, easement r�eeds for the constructior� of the
project. Engineer shall determine ownership of such land and furnish the City with the
necessary right-ofi-way slcetches, prepare necessary �asement descriptians for acquiring the
rights-of-way and/or easements for �he construction of this project. Sketches and easement
descriptions are to be presented in form suitable for direct use by the Department af
Engineering in ob#aining rights�of-way, easements, p�rmits and licensing agreements. All
materials s1�al! be furnisheci on the appropriate City forms in a minimum of four (4) copies
each.
8) Design Suivey
The Engineer shall provide necessary fie[d survey for use in the preparatian af Plans and
Specificatians. The �ngineer shal[ fumish the City certified copies of the field data.
9) ll#ility Caardination
The Engineer sY�all coordinate with all utilities, including utifities owned by the City, as to any
prapased utility liens or adjustment to existing utility lines within the project limits. The
infarmation obtained shall be shown on the conceptual plans. The Engin�er shall show on the
pre[iminary and final plans the location of the proposed utility lines, existing utility lines, based
on the information provided by the utility, and any acljustmen#a andlor relocation of the existing
lines wi#hin the project limits. The Engineer shall also e�aluat� ti�e phasing of the water,
wastewater, street and drainage work, and shal[ submit such evaluation in writing to the City as
par� of this phase of �he project.
10) �artceptual �lans
The Engineer sha11 furnish four �4} copies of the Phase �I concept engineering plans which
include layouts, prelirninary right-of-way needs and preliminary estimates of probab[�
construction casts for the Engineer's recommended plan. For all subrnittals, the Engineer shajl
submit plans and documents for street/storm drain and water/wastewater facilities. Th�
Engineer shal[ receiv� written appro�al af the Phase 1 Plans frnm the City`s project manager
before proceeding with Phase 2.
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f�Fi�S� 2
11 } Design Data
The Engineer shall provicte design data, reports, cross-sections, profiles, drainage calculations,
and preliminary est�mates of pro6able canstructian cost.
12) F�reliminary Construction Plans and �echnical Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and
fEve (5} copies of the preliminary technical specifications for review by the City and for
su�mission to utility companies and other agencies for the purpos�s of coordinating work with
existing and propos�d uiilities. The preliminary construction plans shall indicate lacation of
existing/proposed utilities and storm drain lines. The �ngineer shall recei�e written approval of
the Phase 2 plans from the City's project manager before proceedi�g with Phase 3.
�WAS� 3
13) �inal Constructian Plans
The Engine�rshall furnish five (5) copies of ihe final construction plans and contractsp�cifica-
tions for review by the City.
14) �e#ailed Cost �stimate
The Engineer shall furnish four {4} copies of detailed estimates of probable construction costs
for the authorized construction project, which shall include summaries of bid items and
quantities.
15) P[ans and Specification Appro�al
Th� Engineer shall furnish an original caver mylar for the signatures of authorized City officials.
The Contract Documents shall comply with ap�[icafole local, state and federal laws and with
applicat�le rules and regulatians promulgated by IocaE, state and national boards, bureaus and
agencies. The Engin�er shall receive written approval of th� Phase 3 plans from the Ci�y's
project manager before proceeding with Phase 4.
PH�S� 4
16) �inal Appro�ed Consfruction Plans
The Engineer shal[ furnish 45 bound copies of Phase 4 final approved canstruction plans anci
cantract specifications. The appraved plans and contract specifications shall be used as
authorized by the City far use in obtaining bids, awarding contraets, and constructing the
project.
17) Bidding Assistance
The Engineer shall issue adcle�da as appropriate ta interpret, clarify, or expand the bidding
documents, and assist the owner in determining the qualifications ancf acceptabilEty of
prospective constructors, subcontractors, and suppliers. Vllhen substitution prior to the award
of contracts is allowed by the biclding documents, the �ngineerwill advise the awner as to the
_�_
acceptability of alternate materials and equipment proposed by the prospective coristructors.
18) F�ecammendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the construction
of the project and shall make a recommendation of award to #he City.
19) �rebid Confeeence
The Engineer shail attend the pr�bid conference and the bid openir�g, prepare bid tabulation
sheets and provide assistance to the owner in evalt�atirtg bids or p�oposals and in assernbling
and awarding contracts for construction, materials, equipment, and serr�ices.
p}iAS� 6
2a) Preconstructior� Confierence
The Engineer shall a�end the preconstruction conference.
2�) Construction Survey
Th� Engineer shall be avaifable to the City on matters cancerning th� layout of the project
during its construction and wifl set control points in the field to allow City survey crews to sta�Ce
the project. The setting af line and grade stalces and route inspection of constructian will �e
performed by the City.
22) Site Visits
The Engir�eer shail visit the prQject site at appropriate int�rvals as construction proceeds to
observe ar�d r�port on the progress and the quality of th� executed work.
23) Shop �rawing �e�iew
The Engineer sl�all review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review faboratary, shop, and mi[I test
reports on materials and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract documents,
re�iew change orcEers and make recornmendations as to the acceptability af the work, at the
request of the City.
25) �iffering Site Conditions
The Engineer shall prepare sketches requirecf to resolve �aroblems due io actual field
conditions encountered.
26) Record �rawings
The Engineer shall prepare record drawings from informatian submitteci by th� contractor.
�
�TTACHiViEhli A
Supplemenial Scope of Serrrices
The following sections shall be deleted from the Generaf 5cope of Services:
General (4-5}
Phase 1, (7-14)
Phase 2, (11-12}
Phase 3, (13-14)
Phase 4, (16}
Phase 5, (21)
!. �AS1C S��VIC�S: ENGINEER shall render the following professionaf servic�s in
connection with the development af the Project:
A. PRELIMINARY PHASE
1. Provide �ngineerirtg assistance in the assessment and pianning for the emergency
rehabilitation of Frencf� Lake Dam. Assistance wi91 includ� making site visits as
req�ested, at�end�ng planning meetings and preparing Engineering Opinions of
Prol�able Construction Cost far �arious rehab efforts.
2. Drill several 1/z" holes through the bottom and sides of the 60" reinforced cor�crete
outlet pipe to determine the void space beneath and aro�nd the pipa.
3. Drill four (4} borings, each approximately 25-foot in depth, on top of the dam. Borings
will �e drilled approximately four feet and about 50 feet from the centerfine of the pipe
on each s9de of the pipe. Log the borings and determin� depth to bedrock, perform
laboratory #ests to classify the soi�s encountered, note any presence of �oids during
drilling within or belaw the dam artd nate any presence of groundwater encountered.
4. Perform a hydrolagical analysis of the drainage area for French Lake �am incl�ding
the PMF, 1/a PMF, '/a PMF, 100-year, 5-year and 2-years storms. Rotate ihes� storms
through the existing spillway for French La�ce Dam and determine the percentage of
the f'MF that the existing spil[way pro�ides. Campare the existing capability to thai
required by State Regu�at�ons.
5. Provide at I�as# two a[ternative spillway configurations that improve the spillway
capacity of the dam along with conceptual cost estimates far these canfigurations.
B. PRELIMINARY DESIGN PHASE
1. Prepare a preliminary design far the rehabilitation of French Lake Dam to include the
outlet structure, its stilling basin and the emergency s�illway. Preliminary design will
include schematics for the rehabilita#ion and approximate quantities af material
needed far construction. Provide the CITY three copies of the schematics for review
and comment.
2. Prepare an Engineering Opinion of Probable Construction Cost to be incl�dec! with
this submittal.
3. [n coardination with the Carp of Engineers 404 permit requirements.
C. DAM SAFETY MEASURES
1. Perform a breach analysis of French Lake Dam anc� prepare flood inundation maps
of the downstream area.
2. Prepare an Emergency Aciion Plan (�AP) far French Lake Dam in a format to be
provided by the CITY.
3. Assist the City in performing a desktop exercise af the EAP.
A-1
D. �ETTER OF MAP REVI510N (LOMR) FOR l2) UNNAMED TRIBUTARIES OF EDGECLIFF
BRANCH
Da#a Collecfion
1. FEMA Effective Model and workmaps will �e obtained if available. FEMA usually takes 6
weeks to supply the models and workmaps.
2. Corps of Engineers rnodels and workmaps will be obtained if available.
3. Obtain and review F'IRM and FI5 studies.
4. We anticipate some field sunreys will be necessary for determination af the existing
f[oodplain and reclamatian models, We assume the client will provide this information
with our caordination. FNI can supply the survey with clier�t autharization of "Additional
SBI'VIC�S'�.
�. USGS topographic maps or city topogra�hy will �e obtained for watershed delineatio�s.
6. A site visit wi11 be made to determine hydrologic and hydraulic conditions and
parameters.
�. City specific requirements vuill be coordinated.
8. Bridge ar culvert data within study limits will be obtai�ed from TxD�t or the Gity if
availaf�le.
9. Obtain survey, plat, and site plan of property from client.
Ffydrologic Analyses
1. Using topographic data, develop a watershed map to describe sfiorm run-aff through the
study limits.
2. Use sail maps ta determine hydrologic sail graups for each watershed.
3. Determine existing land use conditions in the watershed bas�d on fielcl �isits, information
obtainsd from the City and available maps.
4. Determine ultimate land use coneEiiions in the watershed by abtaining zoning and land
use plans from the city. I# zoning or lanc{ use maps are unavailable, FN[ will prepare an
uftimate land use plan for the watersheds using engineering judgment.
5. Determine hydrolagic parameters including curve numhers, tfine of concentration,
hydra�lic I�ngths, and slopes for existin� conditions.
6. Det�rmine hydrologic parameters including curve numb�rs, time of concentrations,
hydraulic lengths, and slopes for ultimate conditions.
7. Develop a hydrologic model describing the expected storm run-off through the study
limits.
8. Approved hydrology completed in previous FEMA models will �e used withaut alteration.
�xr'sting Condii�ion Hydraulic Analyses
1. Add sections to FEMA model to adequately describe the existing topogra�hy of the study
area.
2, Update existing and new cross sections with topographic informaiion.
3. Add bridge ancf cul�ert information for structures within the study limits and evaluate
blocked or ineffective flow areas.
4. Develop an existing condition hyclraulic model and determine fioodplain iimits across the
study area.
5. Develop an existing candition floodway mod�l that reflects the modifications in the
floodplain model.
6. Compar� i�ydraulic model results ta Ff5 study to insure projeet limits tie into the eff�cti��
profile.
7. Based on the a�ove data, compfete existing concfitinns hydraulic model and include:
A-2
a. Water 5urface Profile Plots
b. Cross Section Plots
c, Floodplain D�lineation
d. Computer Printouts of Hydraulic Models
Project %am Coordinafinn
We wifl attend one meeting, with the project team. 1f the proposed de�elopment can be constructed
withoufi modifications to the ex'tsting floodplain we will camplete a submittal requast to FEMA in
support af a �etter of Map Revision (L.OMR) far appro�al hy the Community and FEMA. If the
proposed develapment will require fiood�lain reclamation or reshaping we can pravide additional
coordination with the project t�am ta determine a design approach and model this approach with
c[ient authorization of "Additional Services".
Repor-t and F'EMA �orms �reparation
1, Complete necessary FEMA MT-2 forms for inclusion ir� submittal.
2, Prepare four (4) copies of the re�ort {F�MA, Community, 2 for client) explaining the
met�odalogies and results flf th� study and cantaining appropriate charts, graphs, plots,
exhibits and printouts to descr[be the stuc{y. Additional copies can t�e provided with
client approval of "Additional Services".
Regulatory Coordir�ation
Pro�ide necessary coorcEination with FEMA and the Community ta pravide technical iniormation in
support of the report. lndividual �otification of impacted proper�y owners is beyond t�e scope of the
basic services, however if necessary this can be performed with cfient autharization ofi "Additional
Services,"
E. CONSTRUCTION PHASE: Upan compl�tion of the bid or negotiation phase services,
ENG[NEER will proceed with the performance of construction phase services as described
below. �NGINEER will endeavor to pratect CITY in providing ti�ese services howe�er, it is
ur�derstood that ENGINEER does not guarantee the Cantractor's performance, nor is
ENGINEER responsible for supervision of the Contractor`s operation and employees.
ENGiNEER shall not be responsible for the means, rnethods, techniques, sequences or
procedures of construction selected by the Contractor, or any safety precautions and
programs relating in any way to the condition of the premises, the work of the Contractor or
any Subcontractar. ENGINEER shall nat be responsibl� for the acts or amissians of any
�erson (except its own employees or agents) at the Project site or otherwise performing any
of the work of the Proj�ct.
These services are based on the us� of ENGINEER standard General Conditions for
construction projects, Madifications to these services required by use of other general
conditions ar contract administration procedures are an additionai s�rvice. If general
condiiions other than ENGINEER standards are used, the CITY agrees to include provisions
in the construciion contract documents that will require the constructian cantractor to include
ENGINEER and th�ir subconsultants an this project to be listed as an additional insured on
contractor's insurance palicies,
1. Assist CITY in conducting pre-cons#ruction conference(s) with the Contracfior(s}, review
construction schedules prepared by the Contractor(s) pursuant to the requirements of
the construction contract, and prepare a proposed estirnate of monthly cash
requirements of the Project from informatio� provided by the Canstruction Contractor.]
/:�3c
2. Complete drawings and specifications for the final design ofi the project.
3. Establish communication procedures with the CITY and contractor. Caordinate the
production of plans and specifications with CITY's review and the schedule for
construction.
4. Establish and maintain a project documentation system consistent with the requ�rements
of the canstruction contract documents. Monitor the processing of contractor's
submittals and pravide for fi{ing and retrieual of project documentation. Produce manth[y
reports indicating the status of alI submittals in the review process, Review contractor's
submittals, incfucfing, requests for information, modification requests, shop drawings,
schedules, and ather submi�tals in accordance with the requirements of the canstruction
contract documents for the prajects. Monitor the progress of the contractor in sending
and processing su�mittals to see that documentation is being proeessed in accordance
with schedules.
5. Based on ENGINEER`s observations as an experienceci and qualified design
professional and review of the Payment Requests and supporting documentatian
submitted by Contractor, determine the amount that ENGINEER recomrrlends Cor�tractor
be pa�d on monthly ancf final estimates, pursuant to the General Conditions of the
Canstruct�on Contract.
6. Make twelve (� 2) visit(s) to the site to observe the progress and the quality of work and
to attempt ta determine in general if the work is proceeding in accorciance with the
Constructian Contract Documents. In this effort ENGINE�R w[II endeavor to protect the
CITY against defects and deficiencies in the work of Contractors and will report any
abserved deficiencies #o CITY. Visits to the site in excess of the specified number are an
additional service.
7. Notify the contractor af non-conforming worfc observed on site visits. Review quality
r�lated documents provided f�ythe contractor such as tes# reports, equipment installation
reports or other documentation required by the Construction contract documents.
8. Coorctinate the work of tesfiing la�oratories and inspection bureaus required for the
testing or insp�etian of materials, witnessed tests, factory test9ng, etc. for quality control
of the Project. The cost of such quality control shall be paid by either CITY ar the
CONTRACTOR and is nat included in the services to be performed by ENGINEER.
9. Interpret the drawings and specifications for CITY and Contractor(s), ln�estigatio�s,
analyses, and siudies requested by the Contractor(s) and approved by CITY, for
substitu�ions of ec�uipmen� andlar materials or deviations fram the drawings and
specificatians is an additional service.
10. Establish procedures for administering construction changes to the construction
contracts. Process contract modifications and negotiate with the contractor vn �ehalfi of
the CITY to determine the cost and time impacts of these changes. Prepare change
order documentation for appraved changes for execution by the C�TY. Dacumentation of
field orcfers, where cost to C1TY is not impacted, will afso be prepared. Ir���stigations,
analyses, studies or design for substitutions of eq�ipment or materials, corrections af
defective or defieient work of #he contractar or ather deviatians from the construction
contract documents requested by the contractor and approved by the C1TY are an
addiiional ser�ic�. Substitutions af materials or equipment or design modifications
requested by the CITY are an additional ser�ice,
A-4
1�. Prepare documentation for contract modifications required ta implement modifications in
the design of the project. Receive and e�aluate notiees of con#ractor claims and make
recommendations to the CITY on the merit and vafue of the claim on the basis of
information s�L�miited by the cantractor ar a�ailable in project documentation. �ndeavor
to �egotiate a settlement value with the Contractor an behaff of the CITY if appro�riate.
Providing these services to review or evaluate construction contractor(s} claim(s),
s�pparted by causes not within the control of ENGIN�ER are an additional service.
12. Assist in the transfer of and acceptance by the canstruction contractor of any CITY
furnished equipment or materials.
13. Conduct, in company with CITY's representati�e, a final review af the Project for
conformance with the design conce�t of the Project and general compliance with the
Construction Contract Documents. Pre�are a list af deficiencies to be corrected by the
contractor before recammendation of final �ayment� Assist the Cify in obtaining lega[
rel�ases, permits, warranties, spare parts, and Eceys from the contractor. Re�iew ancf
comment on the certificate of completion and the r�camme�dation for final payment to
the Contractor(s). Visiting the site to review completed work in excess ofi two trips are an
additional service.
14, Re�ise the constructian drawings in accordance with the information furnished by
construction Contractor(s) refiectin� changes in the Project made during construction.
Two (2) sets of prints of "Record Drawings° shall be provided by ENG[NEER to CITY.
II, �4�DIiI�NA� S�RVIC�S: Add�tional S�rvices to be perfarmed by ENGINEER, if authorized
6y CITY, which are not induded in the abave described basic services, are described as
follows;
A. Field sur�eying required for the preparation of designs, drawings, and detailed topographic
survey for use in preparation of the hydrologic and hydraulic models.
B. Fie�d layouts or the furnishing of construction line and grade sur�eys.
C. GIS mapping services or assistance with these services.
D. Makir�g praperty, baundary and right-of-way surveys, preparation of easement and deed
descript[ons, including title search ar�d examination of deed records.
E. fde�tify adversely impacted praperties from flood study.
F. Research property ownership obtaining names and addresses of advers�ly impactec�
properties.
G. Coordinate with the community to distribute certified mail noiifieations to these property
owners.
H. Supply F�MA with copies of certified mail distributians.
I. Providing services to investigate existing conditions or faciii#ies, or to make measured
drawings thereof, or to verify the accuracy of drawings or other infarmatior� furnished by
C ITY.
J. Prorriding renderings, madel, and mock-ups requested by the CITY.
A-5
K. Making revisions to drawings, specifications or other dacuments when such revisions are 1)
not consistent with appro�als or instructions previously given by CITY or 2) due to other
causes nat sofely within the cantrol of ENGIN�ER.
L. Providing consultatian concerning the repiacement of any Work damaged by fload or other
cause during the cnnstruction, and �ra�iding services as may L�e required in connection with
the replacement ofi such Work.
M. Investigations in�a�ving consideration of operatian, main#enance and over�ead
expenses, and the preparation of rate schedules, earnings and expense statements,
feasibility studies, appraisals, evaluat[ans, ass�ssment schedules, and material audits or
invenfories required for cerkification of force account construction performed by CITY.
N. Preparing Operation and Maintenance Manuals or conducting operator training.
4. Preparing data and reports for assistance to ClTY in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally
or by deposition, and preparations therefore b�fore any regulatary agency, court, arbi�ration
panel or mediator.
P. �urnishing th� services of a Resident Project Representative to act as CITY's on-site
re�ares�ntati�e during the Construction Phase. The Resident Project Represer�tati�e will act
as directed by ENGINE�R in order to provide more ext�nsive representation at the Project
site during the Constructian Pi�ase. Through more exte�sive on-site observations of the
work in progress and field checks of materials and equipment by the Resident Project
Representati�e and assistants, ENGfN�ER shall end�avor to prauide further protection for
ClTY against defec#s and cEeficiencies in th� wark. Furnishing the services of a Resident
Project Representative is subject to the provisions of A�tic1� I, D ane� Attachment RPR.
If CITY pro�ides personnel to support the activities of the Resident Project Representative
who is ENGlNEER or ENGINEER's agent or employee, the duties, responsibilit9es and
fimitations of authority of such personnel will be set forth in an Attachment a#tached to and
made a part o# this AGREEMENT before the services of sucY� personnel are begun. It is
understood and agreed that such persar�nel will work under the direction of and be
responsil�le to the Resident Project R�presentatir�e. CITY agrees that whenever
ENGINEER informs him in writing that any sueh personnel provided by the ClTY are, in his
opinion, ir�competent, unfaithful or clisorderly, such persannel shafl be replaced.
Q. Assisting CITY in preparing for, or app�aring at litigation, mediation, arbitration, dispu#e
review boards, or other I�gal andlor administrative prace�dings in the defense or
prosecution of claims disputes with Contractor(s).
R. Performing in�estigations, studies and anaiyses of s�tbstitutions of equi}ament and/or
rnaterials or deviations from the drawings and specifications.
S. Assisting CITY in tF�e def�nse or prosecution af litigation in connection with or in additian ta
those services contemplated by this AGREEMENT. Such services, if any, sha11 be f�rnish�d
by ENGINEER on a fee basis negotiated by th� respective parties outside of and in addition
to this AGRE�MENT.
A-6
T. Providing environmental support services including th� design and implementation of
ecological baseline studies, environmental monitoring, impact assessment and analyses,
permit�ing assistance, and other assistance required to address environmental issues.
U. Perfarming investigations, studies, and analysis afi work proposed by construction
contractars ta carrect defective work.
V. Design, contract modifications, studies or analysis required to comply with local, State,
Federal or other regu[atory agencies that �ecome effecti�� after the date �f this agreement.
1�11. Services requirecf to resolve bid protests or to rebid th� projects far any reason.
X. V'rsits to the site in excess of the number of trips included in Articfe I far periodic site �isits,
coardina#ion me�tings, or cantract campletion activities.
Y. Any services required as a result of defau[t of the contractor{s) or the failure, for any reason,
of the contractor(s) to complete the work within the contract time.
Z. Pro�iding services affer the completion of the canstruction phase not sp�cifically listed in
Article I.
AA. f'ravid9ng services made necessary because of unforeseen, concealed, or di�fering site
conditions or due ta the presence of hazardous substances in any form.
BB. Praviding services to revierry or evaluate construction contractor(s} claim(s), provided said
claims are supported t�y causes not within the control of �NGINEER.
CC. Providing vafue engineering studies ar reuiews af cost savings proposed by construction
cantractors after bids have been submitted.
DD. Preparing statements for invoicing or other documentation for bilfing oiher than for the
standard invaice for ser�ices attached to this professional ser�ices agreement.
EE. Provide follow-up professional services during Contractor's warranty period.
FF. Provide Geatechnical investigations, studies and reparts, other than those listed in A�icle 1.
III. il�� O� CO[Vi����'19N: ENGINEER is autharized to cammence work on the Project upon
execution of this AGREEMENT and agrees to eomple#e the serrrices in accordance ►nr�th the
following schedule:
A. Preliminary Phase Dec�mber 20, 2DQ2
B. Preliminary Design Phase January 10, 2003
C. Dam Safety Measures April 15, 2043
D. LOMR April 30, 2003
E. Construction Pi�ase To be determinec�
If ENGINEER's services are delayed through no fauit of ENGIN��R, ENGlNEER shall be entitled to
adjust contract schedule consistent with the number af days of delay. These delays may ir�clude but
are not limi#ed to delays in CiTY or regulatory reviews, delays on the flow of information to be
pro�idecE to �NGINEER, gavernmental approvals, ete. These delays may result ir� an adjustment ta
compensation as autlin�d on the tace of this AGREEMENT and in Attachment B.
A-'7
ATTACHMENT B
GOM��NSAiION
l�UiVl� SUNi WI�'b A9�ITIONAL WQ�iK �AS�D ON COSi �'IM�S Ml1LiI�LIER
A. �asic S�r�ices; Compensation to ENGINEER for the Basic Services in Attachment A shall be the
lump sum of $113,000. If ENGIN�ER sees the Scope of 5ervices changing so tF�at additiar�al
services are needed, including but noi limited to those services described as Adc[itional Ser�ices in
A#tachment A, ENGIN�ER will notify CITY for CITY's appro�al before proceecEing, Additional
5er�ices shall be camputed based on a negotiated lump sum. The following is a breakdown of the
�ump sum casts:
� . Geotechnical
2. H&H Breach Analysis
3. EAP Engineering Design, Permitting
and General Represen#ation
�4. LOMR
=
Schedule of Charaes for Additianal Wark;
Charg�s for additional work will be basec! on a negotiat�d lump sum.
R:1Contraot124021FortWorthlFort Worth-French Lake dam.doc B-1
$12,000
$30,000
$SQ,OOp
$21.000
$ 1 � 3,000
ENGIN�ER
CITY
C`iiy o��'o�t T�arih, �exc�s
�y�� �� ��r���j� G�����lcaff��
DATE REFERENCE I�lUIV1BER LOG NAWI� PAGE
2118/03 ��� ���'� 8aREPAIR 1 af 2
suB��cT APPROPRIATION ORDINANCES AND AWARD OF ENGINEERING CONTRACT TO
FREESE & N1CH�LS, INC. FOR REPAfR OF FRENCH LAKE DAM
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance incr�asing �stima�ed reeeip#s and appropriations by
$366,146 in the General Fund from a�ailable funds; and
2. Appro�e the transfer of $366,146 from the General Fund to the Par�C Improvements Fund; and
3. Adapt the attach�d apprapriatian ordinance increasing estimated receipts and appropriatians by
$366,946 in the Park Improvemer�ts Fund from available funds; and
�4. Authorize the Gity Manager to execute an enginearing agreement with Freese & Nichols, Inc. in t�e
am�unt of $113,000 for the damage assessment, engineering and preparation of plans and
specifications #or repairs to French Lal�e Dam.
D15CUSSION:
On December 2, 2002, the ear�hen dam at French Lak� was discovered to be leaking. Initial
ass�ssments by Transportation and Public Works Department {TIPW} engineers indicated that dam
integrity was threatened and actinn was taken to [ower the lake le�el in arder ta relieve pressure on the
dam.
Due to the c�rgency af this situation, City staff proceeded to obtain iechnical assistar�ce from a�acal
engineering firm, Freese & Nichals, Inc. (FNI), to determine the probable cause of dam seepage. As a
short-term plan to protect the dam from further d�terioratian, FNI recommended construction of a
diversian chanr�el, which was complete� by TIPW �ersonnel on �ecember 17, 2002. In consultafian
with the City Attorney's Office, staff co�cluded that the emergency situation at French Lake was �xempfi
from the Texas Local Government Cade request for proposal req�airements and competitive bid
requirements.
FNI's scop� of
revisions to the
cost estimates.
work included geotechnical sail borings, hydraulic and hydrology analys�s, local
f[aodplain map, engineering design, and the preparatian of plans, specifications and
Recommended dam repairs includ�:
� Exca�atian and removal of the existing in�al�e strucfiute and drainage outlet; and
� Construction of a new intake structure and outlet, wf�ich will alfow fior necessary flow capability
�uring storm e�ents; and
� Rework of the existing stone wal! at the pedestrian bridge; and
� Raising the surface ele�ation af the sp�llway area.
�'iiy of �o�t Worth9 Teacacs
y�� �� ���i�cie �����i��ca�i��
DATE REFERENCE NLJMBER LOG 1`lAM� PAGE
2118103 ���g��� 8DREPAIR 2 of 2
SUBJECT APPROPRIATION QRDENAIVCES AND AWARD �F ENGINEERING CONTRACT TO
FREESE & NICHOLS, INC. FOR REPAIR OF FRENGH LAKE DAM
Construction documents were completed by FNI in lat� January 2003. 5taff intends to negotiate a
contracf and will proceed io ohtain quotes and selec# a confiractor in February 2003. Upon appro�al
from the City Gouncil, staff wilf proceed with an award of contract and commence construction in March
2003, with completion in June 2003, contingent on weather and confirmed site conditions.
This plan �f action was pre�iously outlined in Inf�rmal Report No. 8461, dated January 28, 2fl03, which
indicated that the total prflject cosf would be $416,666, o� this amount, $5Q,520 wi11 be funded from
COUNCI� �1STRICT �, Undesignafed Funds and $36�,14� will be funded from the General Fund,
MIWBE requirements are waived due to the emergency nature of solicitation of design services.
French Lake is located in COUNCIL DISTRICT 6_
F15CAL INFORMATIONICERTIFICATION:
The Finance Director certifies that upan approval afi the above recomme�datians and adoption of #hP
a#tached appropriation ordinances, funds wi[I be a�ailable in the current capital �udget, as appropriated,
of the Park Improrrements Fund.
JP:r
Su6mitted for Citp Manager's
Office by:
Joe Paniagua
Originating Department Head
Richard Zavala
Additianal Ini'armatinn Cantact:
6140
57p4
� F�
� (tO)
I 2, 3j C188
3) C 188
1) GG01
� 1) GGQ1
I (fram)
Z) GG01
4) C9 88
ACCOUNT I CENTER I AMOi]NT
472001 Q80188700020 $366,146.DD
539'f 20 4801$870002p $386,146.00
472072 08010�Q $366,1 �46.00
53807D 080100� $368,146.00
53$070 0801000 $366,146.00
539120 084188700020 $113,�Op.00
CITY SEGRETARY
�LPPROVED 2/I8/03
ORT�. #15453 & ORD, #15454
Richard Zavala 5704