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HomeMy WebLinkAboutContract 33938 CITY OF FORT WORTH, TEXAS 'U' i ' 'i NO 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: Overton Park Channel Erosion Control Improvements r 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 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 ca:ased the STANDARD ENGINEERING AGREEMENT(REV 10/06/05) n� ��.] Page 1 of 14 V�f �IJJGi� ; �VCJ QR��c� C-11 P, LAI'P11 CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surreys, 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. STANDARD ENGINEERING AGREEMENT(REV 10106/05) Page TES. 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 STANDARD ENGINEERING AGREEMENT(REV 10106105) Page 3 of 14 maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, 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. STANDARD ENGINEERING AGREEMENT(REV 10106/05) Page 4 of 14 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 $2,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence STANDARD ENGINEERING AGREEMENT REV 10/06/05 - > �1�,; � Page 5 of 14 �9�� 4pE�1i�(ggq�� A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned when said vehicle is used in the course of the PROJECT. Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims-made basis and shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the City for each year following completion of the contract. (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 in 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 forty-five (45) 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 STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 6 of 14 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. (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 in writing. (j) For all lines of coverage underwritten on a claims-made basis, other than Professional Liability, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims- made. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis. (1) Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) � Page N H. '.�"0U` 111 TEL 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 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 STANDARD ENGINEERING AGREEMENT(REV 10106105) Page 8 of 14 CITY MO-M IPY, 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 Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 9 of 14 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 10 of 14 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 CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, 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; STANDARD ENGINEERING AGREEMENT(REV 10/06/05) F161 � � � Page 11 of 14 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 STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 12 of 14 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 the y 1 STANDARD ENGINEERING AGREEMENT(REV 10/06105) 6FIC-'l IAIVL�IY�uj1�J Page 13 of 14 CIrf N1�(:1--1 FT, `N.iO IITH I TES, 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 Executed this the&day of' &46=,,-2006 ATTEST: CITY OF FORT WORTH By: Marty Hendrix 0 L' y Watso City Secretary Assistant City Manager �u-tr ct: authorization VAL R O NDED Fat=P andle Harwo , A tin erect r Parks and Co munity Services Department APPROV S TO OR D LEGALITY Assistant 917Attlrney ATTEST: ENGINEER: DeOtte, Inc. By: STANDARD ENGINEERING AGREEMENT(REV 10/06/05) c e� en4 Page 14 of 14 I , DeOtte, Inc. _ n� ti June 7,2006 Mr. Joel McElhany Parks and Community Services Department City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115-1499 RE: Project Proposal—Overton Park Channel Erosion Control Improvements Dear Mr.McElhany: This letter serves as our proposal for engineering to plan and design erosion control improvements for Overton Creek in Fort Worth. You and I have walked the proposed creek on a couple of occasions and have identified specific areas of concern and priorities. Conceptual plans for improvement were discussed. The reach of Overton Creek runs generally from just upstream of Ranier Drive downstream to about 1,000 feet downstream of Ranch View as shown on the attached Exhibit"A". The areas identified on the Exhibit as low, medium and high will be the focus of the planning and design effort. The creek is a major waterway within the City that is comprised of a flow channel cut from natural processes. Various forms of vegetation including grasses, shrubs and trees line the banks and manmade park features, streets and possibly some houses exist within the over banks which extend a couple of hundred feet from the defined normal channel. In some locations,roadway bridges span the main channel and other drainage or erosion control measures exist within or in close proximity to the project area Some form ofpedestrian access exists along most of the reach under consideration. The reach has been studied as part of the City's Flood Insurance Study and has a defined floodway and floodplain. Some utilities exist within the likely areas of proposed construction. Some effort will be made to identify these and accommodate them during design. Water and sewer utilities will be identified as discovered from City record drawings. Private or non-city utilities will be identified as observed on the ground or as our investigation otherwise reveals their existence and location. Utility clearance may be provided through the City if desired. As we noted,the erosion along the creek is caused by several factors and each specific location has unique qualities that should be addressed in design. Since a number of governmental interests are affected by any proposed improvements,these should be addressed as part of the project planning and design effort. These include the Corps of Engineers since the creek includes wetland areas under their jurisdiction and the City of Fort Worth and the Federal Emergency Management Agency since a regulatory floodway and floodplain could be impacted. ATTACHMENT A fax(817)590-8600 2553 East Loop 820 North•Fort Worth,Texas 76118 (817)589-0000 Mr.Joel McElhany Parks and Community Services Department June 7,2006 Page 2 of You and I met with Mike Ficke and Steve Eubanks to discuss floodplain,drainage and wetland issues. Since the need and scope regarding wetlands permitting are not clear at this time,you have directed that permitting with the Corps not be included in this scope. USACOE permitting,if requested,will also be provided under separate contract. Only a limited hydraulic assessment is included at this time to assess the impact of proposed improvements on water surface profiles of the existing model. It may be determined that proposed improvements will fit within the parameters of existing models. If not, further detailed modeling and permitting will be included under separate contract. Detailed field survey of the roughly 4,000 foot reach as indicated on Exhibit"A"will be provided as part of this contract. Additionally, a geotechnical assessment will be completed for use in preparing the design of proposed improvements. Due to the nature of the existing site,it seems unlikely that archaeological issues will arise. Based on our local experience,it seems unlikely that impacts on rare and/or endangered species will be likely. Construction access appears available throughout the reach. 1. Surveying A. Establish Horizontal and Vertical control B. Provide topographic survey of Overton Creek to 30 feet beyond the top of bank for the approximately 4,000 linear feet of creek for which assessment or design is anticipated. Trees 12- inch and larger will be located. C. Field notes, sketches,digital terrain model,AutoCAD topo survey file along with benchmarks will be included in the field survey. 2. Geotechnical Study A. Five borings will be provided at representative location along the creek to a depth of 20 feet. Boring shall be located by approximate means on plans. B. Testing will include moisture content and soil identification,liquid and plastic limits,unconfined compression tests,direct shear tests and unit weight determinations. C. Appropriate recommendations will be provided based on the borings and lab testing for proposed improvements. 3. Engineering Planning and Design A. Perform Utility Research to confirm the presence of water and sewer utilities. Make field observations regarding the possible presence of franchise utilities. Coordination will be attempted with private utility companies. B. Review field survey information and compare to hydraulic models of Overton Creek to ascertain possible impacts of construction within the creek area. If impacts appear to be significant, a detailed hydraulic assessment will be needed and will be performed under a separate agreement. The detailed study may involve further development of models for processing through FEMA and an alternative assessment to investigate options for improvement that will not have an adverse impact on properties adjacent to the creek. C. Prepare a Concept study confirming pre-concept observations. This study will be in the form of conceptual engineering plans of proposed improvements throughout the project area and will serve as the basis for Preliminary Engineering. A conceptual estimate will be provided along with the ATTACHMENT A Mr.Joel McElhany Parks and Community Services Department June 7,2006 Page 3 of 4 submitted engineering plans. D. Following determination of a final scope of improvements to be constructed,Preliminary Plans will be developed and provided to the City for review. These plans will be sufficient for utility clearance by the City. E. With final comments by City staff and utility clearance from the City,or as directed to proceed without utility clearance, Final Plans will be prepared and provided for bidding and construction. Appropriate Specifications and Bid Documents will be provided as well as a final construction cost estimate. Prior to preparation of bid documents,the City shall provide direction as to the format and specifics of the bidding process in the Parks and Community Services Department. Construction Drawings will be prepared at a scale deemed appropriate by the Engineer. Plan and Profile drawings will be provided at a scale of 1"=20' horizontal and either 1"=2' or 1"=l' vertical depending on site conditions. F. Prepare a Storm Water Pollution Prevention Plan for the project for the City's and Contractor's use. This document will be provided by the Engineer but shall be completed and maintained by the City and the Contractor. 4. Bidding Assistance and Construction Administration Assistance A. Attend pre-bid conference. B. Provide appropriate assistance to Contractors during bidding. C. Attend pre-construction conference. D. Conduct up to 4 site observations during construction to answer questions raised during construction or to evaluate progress of construction. E. Provide limited assistance during construction. Plans and specification prepared under this contract will be provided for construction by qualified and experienced contractors. Excessive assistance will be extra outside the scope of this contract. F. Perform final inspection and provide a punch list for the contractor if needed. G. Provide record drawings based on the original construction plans. Changes made by the contractor and noted on the return set shall be the basis for the record drawings. 5. Reproduction A. Provide 3 sets of the Concept Study for review. B. Provide 3 sets of Preliminary Plans for review and utility clearance. C. Provide 3 sets of Final Plans and Bid documents for review. ***All bidding reproduction and other reproduction than that listed above shall be provided by the Client. WORK NOT INCLUDED: 1. FEMA,Floodplain Amendments Services related to these issues are not expected to be needed at this time. Ifthey are,they will be provided on an hourly basis outside this contract. Mr. Joel McElhany Parks and Community Services Department June 7,2006 Page 4 of 4 2. Offsite Dr ' e Studies No offsite drainage studies or design efforts(i.e.outside of the parcel limits)are included in this proposal. If additional offsite services are required,the Engineer will prepare an amendment to this proposal following definition of the scope of work. 3. Wetlands and Corps of Engineers Permit(Section 404) No wetlands determination and report, submissions to Region 6 (Fort Worth) of the U.S. Army Corps of Engineers (Corps), preparation and submission of an Alternative Analysis and Mitigation Proposal., or providing compliance reporting is included in this contract. 4. Offsite Paving and Utilities No design of paving or utilities,off-site improvements or grading are included in the contract. 5. Miscellaneous Items No platting, construction staking, construction inspection, construction materials testing, or detailed construction management is included in this contract. FEES AND PAYMENT: "Subcontractor costs include 10%administration. Subcontractor proposals will be available for review if needed. 1. Surveying $19,800 2. Geotechnical Study $6,930 3. Engineering Planning and Design $56,000 4. Bidding Assistance and Construction Administration Assistance $8,500 Total $91,230 The DBE portion of this contract is$18,000(19.7%). We appreciate the opportunity to work with you on this interesting project. Respectfully submitted, DeOtte,Inc. TA—O)— V) . 11 Richard W. DeOtte,P.E. ATTACHMENT B v) W a. 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Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/15/2006 DATE: Tuesday, August 15, 2006 LOG NAME: 80OVERTON-DEOTT REFERENCE NO.: **C-21616 SUBJECT: Authorize the Execution of a Professional Services Agreement with DeOtte, Inc., for Overton Park Channel Erosion Control Improvements RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract for professional services with DeOtte, Inc., in the amount of $91,230.00 for the drainage assessment, design and preparation of construction documents for Overton Park Channel Erosion Control Improvements. DISCUSSION: The 2004 Capital Improvement Program (CIP) allocated $400,000 for a study of the Overton Park Drainage corridor. The CIP funding also includes funds for design and construction of initial improvements. The selected consultant, DeOtte, Inc., has proposed to perform the study and detailed design work for a lump sum fee of$91,230.00. City staff considers this fee to be fair and reasonable for the scope of services proposed. DeOtte, Inc. will complete final construction documents for the erosion control and bank stabilization improvements which shall be completed and submitted for City staff review no later than November 6, 2006. Construction is anticipated to begin mid-March 2007 and be completed by mid-August, 2007. M/WBE - DeOtte, Inc., is in compliance with the City M/WBE Ordinance by committing to 20% M/WBE participation. The City's goal on this project is 20%. Overton Park is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C200 531200 803360039733 $91,230.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Randle Harwood (Acting) (5704) Additional Information Contact: Mike Ficke (5746) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006 Page 2 of 2 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006