HomeMy WebLinkAboutContract 30449 01-1-Y SF�CRETAR Y
NO.
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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 DeOtte,
Inc., (the "ENGINEER"), for a PROJECT generally described as:
2004 CIP Watershed Planning Studies
Citywide Roadway Flooding Hazard Assessment
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 ClW
ces under this
AGREEMENT until paid in full, inc the event of
suspension of services, the ENGINEEility to CITY for
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 _
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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
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Professional Liability XT
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$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 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.
SI
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
Q) 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
(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
j9oo
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 party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability and sole negligence for indemnification.
Parties mean the CITY and the ENGINEER, and their officers, employees, agents,
and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. 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 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., 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 comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered.
ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its
officers, agents and employees from and against all claims or liability arising out of
the violation of any such order, law, ordinance, or regulation, whether it be by itself
or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Executed this the�day of , 2006,"
ATTEST: CITY OF FORT WORTH
Q tBy
Martha A. Hendrix As �staI t City Manager
City Secretary
K-A
APPROVED AS TO FORM Contract Authori atioa
Amn I �(,AI ITv
ip�-
Date
Assistant City Attorney
ATTEST: ENGINEER
By:
t .
ATTACHMENT "A"
2004 CIP Watershed Planning Studies
Citywide Roadway Flooding Hazard Assessment
Project Number: C200-531200-201280007031
Project Location: I. Assessment of Roadway Flooding Hazards in the SC-5
Drainage Basin (Fairpark Channel from UP RR to Sycamore
Creek. — Basin study from the Union Pacific Rail Road to
Sycamore Creek.
II. Assessment of Citywide Roadway Flooding Hazards
III. On-call Special Services
I. Basic Services
I. Assessment of Roadway Flooding Hazards in the SC-5 Drainage Basin
(Fairpark Channel from UP RR to Sycamore Creek. The following will be completed
for the reaches described above and as shown on the attached sketch. The Study
reaches will be as follows:
General objectives:
• Modify existing hydraulic model supplemented by selected field survey
elevations as needed to evaluate flooding conditions along roadways and
abutting properties in this reach of SC-5
• Develop range of schematic options with approximate cost estimates
for relieving flooding conditions.
• Prepare executive summary for policy level review, along with
appropriate technical documentation.
Scope of Work:
A. Determine watershed parameters and develop watershed model using HEC-
HMS for critical areas (SCS Curve Number with local rainfall and distribution
patterns).
B. Apparently, USGS topo has been used for the existing model. 2' City topo,
City GIS information and local 2' LIDAR topo will be reviewed to update the
model from USGS geometry. Supplemental field survey will be obtained for
culvert crossings at Butler and McClure. Use existing City and USACOE
modeling as base and add modeling using City GIS and/or aerial topo and
site observation for channel modeling parameters. Use and/or convert to
HEC-RAS.
C. Look analytically from Sycamore Creek upstream to the Railroad. Survey,
update model, identify areas of inundation.
D. Assess channel under various flow regimes Possible storm recurrence to
include 2-, 5-, 10-, 50-, 100- and 500-year storms. �, N
Attachment"A" 5I�7 U
D. Assess channel under various flow regimes Possible storm recurrence to
include 2-, 5-, 10-, 50-, 100- and 500-year storms.
E. Develop improvement options (for Butler-McClure-Elva Warren) including
signage and safety improvements, roadway and/or bridge re-construction,
roadway terminations and channel improvements. Assess CLOMR/LOMR
obligations for each option.
F. Prepare brief written report summarizing findings, with tables, sketches as
needed; 10 copies.
II. Assessment of Citywide Roadway Flooding Hazards
General objectives:
• Use existing FEMA data to estimate flood elevations and conditions along
roadways throughout the city.
• Identify types of general improvements that might be needed to relieve
identified flooding problems; identify associated detailed studies required to
quantify and establish feasibility for reducing traffic safety hazards.
• Develop criteria and presentation format for evaluating flood hazards by
consultant and City staff at 200 or more roadway locations throughout the city.
• Develop standard treatments for application throughout city based upon type of
hazard.
• Evaluate and prioritize roadway flood hazards at 40 selected sites for possible
installation of automated flood warning flashers.
• Develop simple layout sketches showing location of signs and gages for
automated flood warning flashers at 14 selected locations; establish benchmark
elevations at these site for as-built conditions.
Scope of Work:
A. Assist City staff in developing and refining work program through meetings
with City staff and a general review of existing data. Existing data includes
HazMAP recommendations by NCTCOG, FEMA studies and maps, City
topographical data, City GIS data for roadway crossings, City flood prone
structures data, previous survey of flood prone roadways and related sign
inventory, and city flood complaint data.
B. Develop criteria, prototypical treatments, standard designs and presentation
format:
1. Screening criteria–for categorizing and evaluating various types of
hazards, such as inadequate underground drain with minor street
flooding, inadequate culvert with frequent and deep overtopping, etc.
Consultant and city staff will use criteria to establish priorities, and select
treatments at each roadway location subject to minor or major flooding.
2. Prototypical treatments—for application to general categories of hazard.
These treatments will be provided for typical situations along with text to
describe applicability and limitations, key design standards, approximate
costs, and general
kS
Attachment"A" Page 2
3. Standard designs for protecting traffic at flood prone locations--
consultant will and appropriate standards associated with treatments for
improving driver awareness of hazard and for reducing the likelihood of
vehicles being swept off the road, such as guardrails, post and cable
systems, curbing, manual gages, etc. (City staff will assist).
4. Presentation format—A general template (one page likely) will be
developed to assemble data, establish priority, select treatment and, as
appropriate, provide improvement sketches. The amount of data and
evaluation will be vary with each site depending upon category of hazard
and might include location data, topographical and feature information
over aerial photography, GIS based structure and stream attributes,
hydrologic/hydraulic data, prioritization, recommended treatments.
C. Develop watershed map for analysis of affected sites.
D. Collect and organize FEMA data: Consultant will collect and organize
existing FEMA data into a format that will allow analysis of conditions at
roadway crossings throughout the city.
E. Analyze flows at local sites by estimating flow rates for various storm events
(2, 10, 100 year events, etc.) and associated depths of overtopping. Quantify
in approximate terms the number of private structures that might be impacted
on the basis of available topographical information. Identify areas where
detailed studies are needed.
F. Prioritize and evaluate approximately 40 high hazard sites (generally
incorporating the 32 sites previously identified by City staff) using the criteria,
prototypical treatments and data presentation format previously developed.
Information will be provided in hard copy and pdf format for each location.
G. Prepare layout sketches for the top 14 locations for installation of automated
high water warning flashers, showing the general location of signs and gages
at each site. (Must be completed by 8/15; City staff will detail layouts for
contract installation).
H. Survey 14 sites after installations are completed to provide as-built data:
Coordinates for gages and flashing units, and elevations for gages and
associated top of roadway (edge of travel way).
1. Review documents prepared by City staff and participate in related
discussion sessions. These documents will include maintenance,
inspections, record keeping, emergency response procedures, and public
education.
J. Prepare brief summary report with 10 spiral-bound copies to document
findings and methodology. Findings would be executive style and include
study approach, descriptions of deficiencies by area, and a summary of
recommended treatments.
III. On-call Special Services
Attachment"A" Page 3
DeOtte, Inc. will provide indefinite delivery drainage services for 3 years, to provide "on-
call" response to emergency drainage needs, assemble information from citywide hazard
assessment in format for possible grant applications and specialized but minor
hydrology/hydraulic analyses that arise. Services will be rendered based on written
direction from the City for each task and paid for on established hourly rates.
City Assistance
City staff will provide essential and timely assistance by providing information, specific
work products identified above, and in timely coordination and review. Specific
information to be provided includes aerial photos, LIDAR, city watershed map, Water
and Sewer GIS, Drainage Structure and Channel GIS, and historical flooding
information.
II. Meetings and Deliverables
A. Kick-Off Meeting—Engineer will prepare for and attend one (1) Kick-Off meeting
with the City for the study.
B. Final Report -- Assessment of Roadway Flooding Hazards in SC-5—No later
than July 31, 2004, Engineer will submit ten (10) bound copies of Final Report
with all revisions included. Report will be letter-sized format with 11"x17"
[bound] and/or 24"x36" [in pockets] exhibits as appropriate.
C. Final Report—Assessment of Citywide Roadway Flooding Hazards - No
later than November 15, 2004 Engineer will submit ten (10) bound copies of
Final Report with all revisions included. Report will be letter-sized format with
11"x17" [bound] and/or 24"x36" [in pockets] exhibits as appropriate.
Deliverables for Assessment of Citywide Roadway Flooding Hazards will include:
A. Notebook of High Water Locations to include:
1. Executive Summary including master list in order of priority indexed to
pages for easy reference. Provide overall explanation and background of
criteria for prioritization.
2. Project description,explanation, development of assumptions and basis
of cost comparisons.
3. Brief report on each site or groups of sites referencing
a. site location map and site sketch
b. documentation summary
C. stream level rating table if appropriate
d. location photos
e. flood plain information
f. other GIS information
g. priority rating criteria
h. provide a"Site Summary"page for each location.
i. develop standard improvement options and prototypical
treatments
j. develop improvement options for each site and associated
possible-costs estimate. l
Attachment"A zvy71��r r ..
4. A Conclusion Summary
a. Findings and conclusions
b. List of prioritized areas for high water warning signs
C. Order of magnitude cost estimate to solve or mitigate the
drainage sites of major concern.
B. Provide documentation in HTML for use in City Intranet or the Internet.
ii
Attachment"A" Page 5
ATTACHMENT "B"
2004 CIP Watershed Planning Studies
Citywide Roadway Flooding (Hazard Assessment
Project Number: C200-531200-201280007031
Compensation
DeOtte, Inc. shall be paid on a monthly based upon percentage complete of a lump sum
amount. Additional services shall be paid following written agreement between the City
and the Engineer on an hourly basis. Invoices from the Engineer for additional services
shall be submitted outlining the amount of hours worked by each employee, the
employee's classification, and the billing rate for each employee or classification as
shown on Exhibit "13-1." All direct expenses incurred will be reimbursed at the actual
cost to Engineer plus ten percent (10%).
Payment to DeOtte, Inc. for all expenses, costs, and services described in Exhibit "13-1"
shall be a lump sum amount of$163,000.00.
Payment Schedule: I. Assessment of Roadway Flooding Hazards in SC-5 No more
than 80%, of the total lump sum fee, will be paid until after the Preliminary Review
meeting. No more than 90%, of the total lump sum fee, will be paid until approval of the
final report. All unpaid invoices up to the total lump sum fee will be paid after submission
of the final report.
Total lump sum fee for this portion, $30,000.
Payment Schedule: II. Assessment of Citywide Roadway Flooding Hazards No
more than 80% of the total lump sum fee will be paid until after the Preliminary Review
meeting. No more than 90%, of the total lump sum fee, will be paid until approval of the
final report. All unpaid invoices up to the total lump sum fee will be paid after
submission of the final report.
Total lump sum fee for this portion, $103,000.
Payment Schedule: III. On-call Special Services This item will be billed at an hourly
rate in accordance with "Attachment B-1", Fee Schedule.
Total for this portion, $30,000.
See Exhibit "B-1" — Fee Schedule
Attachment `B"
ATTACHMENT "13-1"
2004 CIP Watershed Planning Studies
Citywide Roadway Flooding Hazard Assessment
Project Number: C200-531200-201280007031
Fee Schedule
(effective 1/1/04 to 12/31/04)
Staff Approximate Hourly Fees
Principal..........................................................................$100
SeniorEngineer................................................................$85
StaffEngineer...................................................................$70
Engineering Technician ....................................................$75
CAD Technician/Operator.................................................$60
Draftsperson .....................................................................$50
Clerical..............................................................................$40
Computer..........................................................................$20
(Project billing according to qualifications and tasks performed.)
7 •r
Attachment "B-1" Rage 1
ATTACHMENT "C"
2004 CIP Watershed Planning Studies
Citywide Roadway Flooding Hazard Assessment
Project Number: C200-531200-201280007031
Amendment to Standard Agreement for Engineering Services
There are no amendments to the Standard Agreement for Engineering Services
Attachment"C" Page I
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/27/2004
DATE: Tuesday, July 27, 2004
LOG NAME: 20ASSESMENT REFERENCE NO.: **C-20164
SUBJECT:
Award of Contract to DeOtte, Inc. for Citywide Roadway Flooding Hazard Assessment
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with DeOtte, Inc.
to provide engineering services for Citywide Roadway Flooding Hazard Assessment, with costs not to
exceed $163,000.
DISCUSSION:
The 2004 Capital Improvement Program provides funds for major drainage and includes a project for
Watershed Planning Studies. The Watershed Planning Studies project encompasses multiple specific and
citywide sub-projects, one of which is the Citywide Roadway Flooding Hazard Assessment project.
A request for Statement of Qualifications for Drainage Studies and Watershed Planning Studies for 2004
CIP was advertised March 25, 2004 and April 1, 2004. Statements of Qualifications were received April 8,
2004. A Consultant Selection Committee composed of staff from the Transportation and Public Works
Department and the Department of Engineering reviewed all Statements of Qualifications and selected
DeOtte, Inc. for the Citywide Roadway Flooding Hazard Assessment project. This project includes three
components within the negotiated funded amount of$163,000.
1) Detailed examination of the watershed at the East Butler Street and McClure Street location in the
southeast central area of the City and recommendations for improvements to eliminate the roadway
crossing hazards.
2) Evaluation and prioritization of roadway flooding hazards throughout the City and recommendation
of standard treatments.
3) Assistance for miscellaneous emergency drainage services for a period of three (3) years on an as-
needed basis.
DeOtte, Inc. is in compliance with the City's MWBE Ordinance by committing to 5% M/WBE participation on
this study.
This project is located in all Council Districts.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/18/2004
Page 2 of 2
Street Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C200 531200 201280007031 $163,000.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: George Behmanesh (7914)
http://www.cfwnet.org/council,packet/Reports/mc_print.asp 8/18/2004