HomeMy WebLinkAboutContract 30318 CITY SECRETARY
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY") and Halff
Associates, Inc. (the "ENGINEER") for a PROJECT generally described as: 2004 CIP
Watershed Planning Studies: Henderson Street Storm Drain System, Project Number
C200 531200 209280007831.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation
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
services under this AGREEMENT until paid in full, including.interest.
In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY-because
of such suspension of services. �11J
(MIG-IN-AL
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. general
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity
for subcontract work such as special surveys, tests, test borings, or
other subsurface investigations in connection with design and
engineering work to be performed hereunder. The ENGINEER shall
also advise the CITY concerning the results of same. Such surveys,
tests, and investigations shall be furnished by the CITY, unless
otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly
between successive test points and sample intervals and at locations
other than where observations, exploration, and investigations have
been made. Because of the inherent uncertainties in subsurface
evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution.
These conditions and cost/execution effects are not the responsibility
of the ENGINEER.
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 as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described-herein. -
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a
construction site, whether as on-site representatives or otherwise, do
not make the ENGINEER or its personnel in any way responsible for
those duties that belong to the CITY and/or the CITY's construction
contractors or other entities, and do not relieve the construction
contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods,
means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER
and its personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set
forth in Attachment A, the ENGINEER or its personnel shall have no
obligation or responsibility to visit the construction site to become
familiar with the progress or quality of the completed work on the
PROJECT or to determine, in general, if the work on the PROJECT
is being performed in a manner indicating that the PROJECT, when
completed, will be in accordance with the Contract Documents, nor
shall anything in the Contract Documents or the agreement between
CITY and ENGINEER be construed as requiring ENGINEER to
make exhaustive or continuous on-site inspections to discover latent
defects in the work or otherwise check the quality or quantity of the
work on the PROJECT. If, 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 conditions; time or quality of performance by third parties;
quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the
ultimate PROJECT cost or schedule. Therefore, the ENGINEER
makes no warranty that the CITY's actual PROJECT costs, financial
aspects, economic feasibility, or schedules will not vary from the
ENGINEER's opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain 'that the construction contractor has
completed the work in exact accordance with the Contract Documents; that the
final work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, materials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT was
finally constructed. The ENGINEER is not responsible for any errors or omissions
in the information from others that are incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) 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 to and
the right to examine and photocopy any directly pertinent books,
documents, papers and records of the ENGINEER involving
transactions relating to this contract. ENGINEER agrees that the
CITY shall have access during normal working hours to all necessary
ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with
the provisions of this section. The CITY shall give ENGINEER
reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant
agreements hereunder a provision to the effect that the
subconsultant agrees that the CITY shall, until the expiration of 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 B: $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
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 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 policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
(j) 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.
(I) 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
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected
portions of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the
ENGINEER will, if requested, assist the CITY in obtaining the
services of a qualified subcontractor to manage 'the remediation
activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at 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, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions
required by the CITY in a timely manner in accordance with the project schedule 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 Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out
of, in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than
the CITY and the ENGINEER and there are no third-party
beneficiaries.
(3) The CITY will include in each agreement it enters into with any other
entity or person regarding the PROJECT a provision that such entity
or person shall have no third-party beneficiary rights under this
Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver
of any right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is
maintained at the replacement cost value of the PROJECT. The
CITY may provide ENGINEER a copy of the policy or documentation
of such on a certificate of insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance
shall be comprehensive in coverage appropriate to the PROJECT
risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of 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 ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
(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 parry shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability and sole negligence for indemnification.
Parties mean the CITY and the ENGINEER, and their officers, employees, agents,
and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. 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 reasonably agree that
the amount of the dispute is likely to be less than $50,000, exclusive
of attorney's fees, costs and expenses. Arbitration shall be in
accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association or other applicable rules of 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 parry 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 parry 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., VI.D., 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 cornply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered.
ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its
officers, agents and employees from and against all claims or liability arising out of
the violation of any such order, law, ordinance, or regulation, whether it be by itself
or its employees.
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
f
Executed this the `"qday of 20
ATTEST: CIT OF FORT W T
ssist ityna
Mag
Iss4 s' City Secretary
APPROVED AS TO FORM ll
AND LEGALITYa
Contract Authorizatiox
Date
Assistant City Attorney
ATTEST: ENGINEER
By.
Tron o e , ussell Killen, P.E.
Vice Pr dent ice President
ATTACHMENT "A"
General Scope of Services
2004 CIP Watershed Planning Studies: Henderson Storm Drain System
Project No. C200 531200 209280007831
I. Basic Services
A. Coordination
1 . Meet with City of Fort Worth Transportation and Public Works at the
following intervals:
• Final Report submittal / Grant needs evaluation stage.
• Watershed Planning Study Group Meetings — Engineer will prepare for
and attend up to four (4) Study Group meetings with -the City to deal
with grant issues and develop standards and protocols for the detailed
studies.
2. 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.
3. Coordinate with City departments to obtain digital files of NCTCOG-based
LiDAR, 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.
4. During conduct of Phase 1 investigation, provide the 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 e-mail, FAX,
or letter.
B. Research
1. Investigate and document findings of readily available data sources,
including but not limited to: "record" plans, drainage complaint files,
newspaper articles, rainfall records, repetitive losses, previous reports,
etc.
2. 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
A-1
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 regulations for underground or
confined space areas must be followed by contractor.
3. Obtain latest FEMA FIRMs or Corps' workmaps if available for floodplain
delineation.
4. Obtain other floodplain or drainage studies with additional floodplain or
flooding data.
5. Identify potential hazardous road crossings or sump areas along roadway
systems that need to be considered for ongoing City of Fort Worth
investigations of low-water crossings.
C. Documentation (to be submitted within 30 days)
1 . Prepare Project Mapping Exhibits (provided in City standard GIS format
with NCTCOG digital orthophotography as a base map).
a. Watershed Boundary Map - Based on NCTCOG-based LIDAR - Field-
verified and cross-checked against existing storm drain plans.
b. Storm Drainage Network — Based on previously provided plans or
studies and field trip findings, showing location of storm drains, inlets,
laterals, manholes and conflicting utilities (i.e. sanitary sewer, water
lines, telephone, electrical, cable TV, etc., where shown on storm drain
construction plans).
c. Floodplain Boundary Map - 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 FIRM.
d. "Hot Spot" Flooding Map — Based on research, identifying specific
areas, intersections, houses or buildings, and/or reaches of a stream
or areas of a watershed that have 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.
2. Documentation and Project Description
a. Define the flooding source and problem, including a brief definition of
pertinent data, such as drainage area, approximate frequency of
historical flooding (example: twice in last 5 years).
A-2
b. 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.
c. Estimate by approximate methods the hydraulic capacity of the existing
drainage system. Utilize existing studies/models if available from
previous work (no detailed modeling for this phase).
d. Tabulate pipe/culvert sizes, cross section type, materials, age, and
condition (if available).
e. 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.
f. Tabulate citizen complaints files, newspaper articles, and interviews.
Document all field investigations in digital format. All data shall be in a
digital format through Excel files, Word files, digital photos, pdf, jpg,
PowerPoint, or a geodata base associated with City GIS mapping,
g. Develop Scope of Work for the Phase 2 Watershed Planning Study.
Prepare a detailed Scope of Work for the engineering investigation of
the study area. Based on the Phase 1 System Inventory, provide the
necessary task descriptions to:
(1) Define flooding problems
(2) Outline technical approach, including proposed modeling
techniques, data acquisition requirements, alternative analysis,
and report documentation.
(3) Provide preliminary budget and schedule of effort to perform
Phase 2 investigation.
(4) Submit Preliminary and Final Report Documentation (3 copies).
II. Meetings and Deliverables
A. Meetings (See Item I.A.1)
B. Deliverables
1 . Preliminary Phase 1 System Inventory Report
2. Final Phase 1 System Inventory Report
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ATTACHMENT "B"
Compensation and Schedule
2004 CIP Watershed Planning Studies: Henderson Storm Drain System
Project No. C200 531200 209280007831
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of $10,000.
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 one payment following completion of the
Final Report and upon receipt of a final invoice from the Engineer. The
invoice is to be verified as to its accuracy and compliance with the terms
of this contract by an officer of the Engineer.
II. Schedule
A. Preliminary Report shall be submitted no later than August 2, 2004.
B. Final Report shall be submitted no later than October 1 , 2004.
B-1
ATTACHMENT "C"
Amendments to Standard Agreement for Engineering Services
2004 CIP Watershed Planning Studies: Henderson Storm Drain System
Project No. C200 531200 209280007831
There are no amendments to the Standard Agreement for Engineering Services.
C-1