HomeMy WebLinkAboutContract 30301 k
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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Lockwood,
Andrews & Newnam, Inc., (the "ENGINEER"), for a PROJECT generally described as:
2004 CIP Watershed Planning Studies Phase 1 Preliminary Project Inventory East CBD
Storm Drain System Project Number C200 531200 209280008331 .
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend seryl , ,�a,t„ erblsm
AGREEMENT until paid in full, including interest. I1h�;`;tent �
suspension of services, the ENGINEER shall have no Iia ility”46 CCITT t r
delays or damages caused the CITY because of suc susser9 � f`,��
I'
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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 per-forming 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 per-formed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or a s o therwise a pproved b y C ITY, w hich s,hall
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 fo,,r the
such drawings for any project other than the PROJECT described her6i n-
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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 i n a ny way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If, for any reason, the ENGINEER should
make an on-site observation(s), on the basis of such on-site observations, if
any, the ENGINEER shall endeavor to keep the CITY informed of any
deviation from the Contract Documents coming to the actual notice of
ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER , has--,no
............
"
control over cost or price of labor and materials unknown 'or latent
conditions of existing equipment or structures that may affect operation or,,
maintenance costs-, competitive bidding procedures and market,cbhditibns,',
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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 are incorporated into the record drawings.
I. Minority and Woman Business Enterprise (MIWBE) participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. Any misrepresentation of facts
(other than a negligent misrepresentation) and/or the commission of fraud by the
Engineer may result in the termination of this agreement and debarment from
participating in City contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access 'o t pnd Ahe,rig,ht to....................�11'
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examine and photocopy any directly pertinent books, cloquIrn'611nt'8
rg
and records of the ENGINEER involving transactions �.relafin,g to this
-
contract. ENGINEER agrees that the CITY shall have] access d6r "ing
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normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after -final payment under
the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that
the CITY shall have access during normal working hours to all
subconsultant facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions of
this article together with subsection (3) hereof. CITY shall give subcon-
sultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage
if written on a split limits basis). Coverage shall be on any vehicle used
in the course of the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage 13- $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate
(2) Certificates of 'insurance evidencing that the ENGINEER has obtained'.all
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required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an
Additional Insured thereon, as its interests may appear. The term
CITY shall include its employees, officers, officials, agents, and
volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified according to items section K.(1) and K.(2) of this
agreement are provided under applicable policies documented
thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation or material
change in coverage shall be provided to the CITY. A ten (10) days
notice shall be acceptable in the event of non-payment of premium.
Such terms shall be endorsed onto ENGINEER's insurance policies.
Notice shall be sent to the respective Department Director (by
name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas
76102.
(e) Insurers for all policies must be authorized to do business in the
state of Texas or be otherwise approved by the CITY; and, such
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(f) Deductible limits, or self-insured retentions, affecting insurance
required herein shall be acceptable to the CITY in its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may
also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of-the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policysta'II ave -no
exclusions by endorsements unless the CITY pprovels suix
exclusions. :� "
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The Professional Liability insurance policy, if written on a claims
made basis shall be maintained by the ENGINEER for a minimum
two (2) year period subsequent to the term of the respective
PROJECT contract with the CITY unless such coverage is provided
the ENGINEER on an occurrence basis.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of ENGINEER's
overhead.
(1) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
subconsultants maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships with abutting property cities. The
ENGINEER further acknowledges that it will make disclosure in writing of any
conflicts of interest that develop subsequent to the signing of this contract and prior
to -final payment under the contract.
N. Asbestos or Hazardous Substances
(I) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous Substances are suspected, the ENGINEER
will, if requested, assist -the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
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O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENGINEER could
not have been reasonably aware of, the ENGINEER shall notify the CITY of such
changes and an adjustment in compensation will be made through an amendment
to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local,
state, or federal authorities; and land, easements, rights-of-way, and access
necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
..........
The CITY will examine the ENGINEER's studies, reports, sketchs, ;,drawings',
�J "" '
specifications, proposals, and other documents-, obtain advice of�, an, ,attorney,
insurance counselor, accountant, auditor, bond and financial advis�rs, and other
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consultants as the CITY deems appropriate-, and render in writing decisions
required by the CITY in a timely manner in accordance with the project schedule in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing of
the ENGINEER's services or of any defect in the work of the ENGINEER or
construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release ENGINEER and its officers, employees, and subcontractors from all
claims, damages, losses, and costs, including, but not limited to, attorney's
fees and litigation expenses arising out of or relating to the presence,
discharge, release, or escape of hazardous substances, contaminants, or
asbestos on or from the PROJECT. Nothing contained herein shall be
construed to require the CITY to levy, assess or collect any tax to fund this
indemnification.
(2) The indemnification and 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 such hazardous
substance, contaminant or asbestos is brought onto the PROJECT by
ENGINEER.
G. Contractor Indernnification 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 ben
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyonei ih'other than e I
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CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or a ssist i n
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 V1
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
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All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will
be at the CITY's sole risk. The final designs, drawings, specifications and
documents shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control of
the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice, This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to
perform through no fault of the other and does not commence correction of
such nonperformance with 5 days of written notice and diligently complete
the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers,
microfilm, electronic data files, and other data storage supplies or
services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENG,I,N,,EER
convenience of the CITY. In the event of such suspension, delayj, or'irithrrUptJOA
an equitable adjustment in the PROJECT's schedule, commitmentland cost 6ftie
,
ENGINEER's personnel and subcontractors, and ENGINEER's co�mpqnsatiorT,,wii,I!, ,
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be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in
connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party s hall assign a 11 o r a ny part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability and sole negligence for indemnification.
Parties mean the CITY and the ENGINEER, and their officers, employees, agents,
and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonaly agree that the amount of th
is l,ox
. penses.
to be less than $50,000, exbclusive of attorneyarid
's fees, cost�-
Arbitration shall be in accordance with the Construction ln�ustry-ArbitratiQn
Rules of the American Arbitration Association or other applicable rules cif
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the Association then in effect. Any award rendered by the arbitrators less
than $50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will
not be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose
in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VID., VI.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered.
ENGINEER agrees to defend, indemnify and hold harmless CITY a nd a 11 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
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Executed this t h e a y of
ATTEST: Cl F FPRT WORT
y�
Ll AssiSnt di'ly Manager
City Secretary
�
APPROVED AS TO FORM
AND LEGALITY ontraCt Authorization
Assista City Attorney
ATTEST: ENGINEER
B
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ATTACHMENT "A"
Scope Of Services - 2004 CIP Watershed Planning Studies
Phase 1 Preliminary Project Inventory East CBD Storm Drain System
Project Number C200 531200 209280008331
This project includes approximately 38,000' of storm sewers, about 200 inlets, around
20 private drain connections and about 2,500' of outfall channel in the area generally
bounded by Lancaster on the south, Lamar on the west, Belknap on the north and I-
35W on the east.
Coordination
■ Meet with City of Fort Worth Transportation and Public Works at the following
intervals:
o Prepare for and attend up to four (4) Watershed Planning Study Group
meetings with the City to deal with grant issues and developing standards
and protocols for the detailed studies.
o Final Report submittal / Grant needs evaluation
■ Meet with City of Fort Worth GIS department to obtain City GIS data and define
project data requirements, format, and protocol for data exchange between City
and contractors.
■ Coordinate with City departments to obtain digital files of NCTCOG-based
UDAR, orthophotography, property boundaries, storm drainage network, and
utility (water and sewer) locator maps. Obtain "record drawings" or "as-built"
plans from DOE plan vault. Please note the restrictions on the use of the
NCTCOG LiDAR and orthophotos to this project only.
■ During conduct of Phase 1 Investigation, provide City with a brief bi-weekly
status report on progress made, future tasks, and special problems/issues that
may have arisen. This can be done via email, FAX, or letter.
Research
■ Investigate and document findings of readily available data resources, including
but not limited to: "record" plans, drainage complaint files, newspaper articles,
rainfall records, repetitive losses, previous reports, etc.
■ Conduct field reconnaissance trips and document with digital photos, video, and
field sketches to identify existing storm drainage system network (pipes, inlets,
culverts bridges, etc), pipe/culvert materials (based on plans), and all known
existing above ground features. It is not anticipated that underground
investigation will be conducted at this time; however, if necessary, consultant ..............
shall notify TPW at least one week in advance of any "in-pipe" or underground
field trips, to allow city staff to participate, if possible. Safety rules and
ti
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regulations for underground or confined space areas must be followed by
contractor.
• Obtain latest FEMA FIRMs or Corps' workmaps if available for floodplain
delineation. Obtain other floodplain or drainage studies with additional floodplain
or flooding data.
• Identify potential hazardous road crossings or sump areas along roadway system
that need to be considered for ongoing City of Fort Worth investigations of low-
water crossings.
Documentation (to be submitted within 30 days)
• Prepare Project Mapping Exhibits (provided in City standard GIS format with
NCTCOG digital orthophotograph as a base map).
o Watershed Boundary Map, based on NCTCOG-based LIDAR. Field-
verified and cross-checked against existing storm drain plans,
o Storm Drainage Network — based on previously provided plans or studies
and field trip findings, show location of storm drains, inlets, laterals,
manholes and conflicting utilities (i.e. sanitary sewer, waterlines,
telephone, electrical, cable TV, etc., where shown on storm drain
construction plans).
o Available floodplain boundaries, based on latest FEMA FIRMs, Corps'
work maps, city studies, or similar sources. Identify source of map or, as
a minimum, provide FEMA delineations from current, effective map.
o "Hot Spot" flooding-locations to help identify specific areas, intersections,
houses or buildings, or reaches of a stream or areas of a watershed that
has flooded in the past. If specific dates are readily available, attach to file
or annotate. Include any potential low-water or similar hazardous flooding
locations.
• Documentation and Project Description
o Define the flooding source and problem, including brief definition of
pertinent data, such as drainage area, approximate frequency of historical
flooding (example: twice in last 5 years).
o Quantify, by approximate methods (rational method) total runoff for the 10-
year and 100-year events. If previous studies have defined a more
specific set of discharges, utilize those or compare with those. No
detailed modeling for this phase.
o Estimate (by approximate methods) capacity of existing system Utilize
existing studies/models, if available from previous work. No detail
modeling for this phase.
o Tabulate pipe/culvert sizes, cross section type, materials, age, and
condition (if available). en
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o Tabulate structures subject to flooding and reference specific storm events
(if available). This will primarily be based on eye-witness accounts,
complaint files, news articles, previous studies, etc.
o Tabulate citizen complaints files and newspaper articles. Document all
field investigations in digital format. All data shall be in a digital format
through Excel files, Word files, digital photos, pdf, jpg, Power Point, or
through geodata base associated with City GIS mapping.
o Develop Scope of Work for Phase 2 Watershed Planning Study. Prepare
a detailed SOW for the engineering investigation for the study area.
Based on the Phase 1 — Inventory, provide the necessary task
descriptions to:
■ Define flooding problems
■ Outline technical approach, including proposed modeling
techniques, data acquisition requirements, alternative analysis, and
report documentation.
• Provide preliminary budget and schedule of effort to perform Phase
2 investigation.
o Submit Preliminary and Final Report Documentation (3 copies)
JI
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ATTACHMENT "B"
Compensation and Schedule - 2004 CIP Watershed Planning Studies
Phase 1 Preliminary Project Inventory East CBD Storm Drain System
Project Number C200 531200 209280008331
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of$13,500.
Payment of the total lump sum fee shall be considered full compensation
for the services described in Attachment "A" for all labor materials,
supplies and equipment necessary to complete the project.
B. The Engineer shall be paid in three partial payments as described below
upon receipt of three individual invoices from the Engineer. Each invoice
is to be verified as to its accuracy and cornpliance with the terms of this
contract by an officer of the Engineer.
1. No more than 60% of the total lump sum fee will be paid until after the
System Inventory Review meeting.
2. No more than 80% of the total lump sum fee will be paid until after the
second Watershed Planning Study group meeting (the first one has
already occurred).
3. All unpaid invoices up to the total lump sum fee will be paid after the
last Watershed Planning Study group meeting.
II. Schedule
A. System Inventory shall be submitted no later than August 2, 2004.
B. The second Watershed Planning Group meeting will be held no later than
October 1, 2004.
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ATTACHMENT "C"
Amendments to Standard Agreement for Engineering Services
2004 CIP Watershed Planning Studies
Phase 1 Preliminary Project Inventory East CBD Storm Drain System
Project Number C200 531200 209280008331
The following are amendments to the Standard Agreement for Engineering Services.
Article IV - Obligations of the Engineer
K. ENGINEER's Insurance
(2) (d) Replace the following:
A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
with this:
A minimum of thirty (30) days notice of cancellation or rnuteFial Change
sewefage-shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. ENGINEER shall provide
thirty (30) days notice of any material change in coverage. Notice shall be
sent to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
Article IV- Obligations of the Engineer
K. ENGINEER's Insurance
(2) (f) Replace the following:
Deductible limits, or self-insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through insurance
pools or risk retention groups must be also approved. Dedicated financial
resources or letters of credit may also be acceptable to the City.
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with this:
Deductible limits, or self-insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through insurance
pools or risk retention groups must be also approved. Such acceptance by
the City shall not be unreasonably withheld. Dedicated financial resources
or letters of credit may also be acceptable to the City.
Article V— Obligations of the City
F. Asbestos or Hazardous Substances and Indemnification
(2) Replace the following:
The indemnification and 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 such hazardous
substance, contaminant or asbestos is brought onto the PROJECT by
ENGINEER.
with this:
The indemnification and release required above shall not apply in the event
the discharge, release or escape of known hazardous substances,
contaminants, or asbestos is a result of ENGINEER'S negligence or if such
hazardous substance, contaminant or asbestos is brought onto the
PROJECT by ENGINEER.
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