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HomeMy WebLinkAboutContract 34188\ i� CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Baird, Hampton & Brown Engineering & Surveying, (the "ENGINEER"), for a PROJECT generally described as: Strom Water Utility Project — Dry Branch Creek Detention Basin Study 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 caused the STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 1 of 19 S V 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 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 2 of 19 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) !;•, I,� _, p t „;1� ^, Page 3of19 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. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 4of19 V'7UVJ!•ti JvSV� lJ p L� e 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 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 STANDARD ENGINEERING AGREEMENT (RED/ 10/06/05) Page 5 of 19 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 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the State of STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 6 of 19 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 policv 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 7 of 19 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 the ENGINEER's performance of its services and will provide labor and safety STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 8 of 19 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 Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 9 of 19 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 19 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) Page 11 of 19 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! 0106/05) Page 12 of 19 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 STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 13 of 19 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 Attachment D - Project Schedule Attachment E - Location Map Executed this the day ofbN� 200 ATTEST: -)r� a - By: Marty Hendri City Secretary m.T7 Via° a APP D AS D LEGALITY Assist Ci Attorney ATTEST: STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 14 of 19 CITY OFOOfRT)NORTH Marc A. Ott Assistant City Manager APPROVAL RECOMMENDED . Douglas Rademaker, P.E. Director, Engineering Department Baird, Hampton & Brown Engineering & Sum ENGINEER B d Y: NAME: Konstantine Bakintas, P_E_ TITLE: Vice President of � r 1, lU� " 6! ATTACHMENT "A" "Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence over the General Scope of Services. " 1) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed street, and storm drain and/or water and wastewater facili- ties/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechnical Investigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If STANDARD ENGINEERING AGREEMENT (REV 10106105) Page 15 of 19 such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the Department of Engineering and shall become the property of the City. City may use such drawings in any manner it desires; provided, however that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. PHASE 1 7) Right -of -Way, Easement and Land Acquisition Needs The Engineer shall determine the rights -of -way, easement needs for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights -of -way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights -of -way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four (4) copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility liens or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 16 of 19 10) Conceptual Plans The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross -sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 17 of 19 PHASE 4 16) Final Approved Construction Plans The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans and contract specifications. The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contracts, and constructing the project. 17) Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 18) Recommendation of Award The Engineer shall assist in the tabulation and review of all bids received for the construction of the project and shall make a recommendation of award to the City. 19) Prebid Conference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. PHASE 5 20) Preconstruction Conference The Engineer shall attend the preconstruction conference. 21) Construction Survey The Engineer shall be available to the City on matters concerning the layout of the project during its construction and will set control points in the field to allow City survey crews to stake the project. The setting of line and grade stakes and route inspection of construction will be performed by the City. 22) Site Visits The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 18 of 19 23) Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill test reports on materials and equipment. 24) Instructions to Contractor The Engineer shall provide necessary interpretations and clarifications of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 25) Differing Site Conditions The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered. 26) Record Drawings The Engineer shall prepare record drawings from information submitted by the contractor. STANDARD ENGINEERING AGREEMENT (REV 10/06105) Page 19 of 19 ATTACHMENT "A" SCOPE OF SERVICES ENGINEERING SERVICES: DRAINAGE (HYDROLOGIC & HYDRAULIC) STUDY The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes engineering services for a hydrologic, hydraulic and detention study for: DRY BRANCH CREEK DETENTION IMPROVEMENTS DOE Project No. 5425-Study, BHB No 06.706.00 Upon receipt of notice -to -proceed, the ENGINEER will perform the following tasks: PART A — Pre -Study Research 1. Initial Data Collection a. Pre -Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated. These include the following: One (1) pre -design kick-off meeting, (including the CITY's Department of Engineering and other departments that are impacted by the project). One (1) review meeting at completion of the City's review of the conceptual engineering plans. b. Data Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, City drainage complaint files, drainage studies, FEMA floodplain and floodway maps, existing models for the project area (if any), and property ownership as available from the Tax Assessor's office. C. Coordination with Other Agencies The ENGINEER shall coordinate with FEMA and the U.S. Army Corps of Engineers to ascertain the viability of the proposed improvements, and identify appropriate application, review and permitting procedures. 2. Monthly Progress Report The ENGINEER shall submit a project schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress reports as required under Attachment B of the contract. PART B — Hydrologic and Hydraulic Study 1. Topographic Data for Study Upon request, ENGINEER will be provided, by the CITY, pertinent aerial image, topographic data, and Geographic Information System data for use in performing the drainage study. Existing hydraulic structures (i.e. culverts, bridges, etc.) will be modeled based upon as -built plans. 2. Drainage Basin and Stream Modeling ENGINEER will review and document the characteristics and existing drainage basin and stream capacities for the subject location. A drainage area map will be drawn at 1" - 200' scale (or on an appropriate scale) from available contour maps. ENGINEER shall prepare and execute the applicable hydrologic and hydraulic models, and prepare detailed hydraulic analysis for existing and proposed project conditions. The ENGINEER'S responsibility includes recommendations for improvement of the existing system as deemed reasonable and consistent with City standards. The study is limited to the upper reaches of Dry Branch Creek; specifically from Hollis Street to the headwaters. The focus of the study will be to develop a detailed H&H model, utilizing the EPA's Storm Water Management Model (Version 5.0), and to evaluate the impacts of A-2 constructing one or more detention basins. Water quality and/or sediment transport analysis is not included within this scope of work. At this time, one of the basins is anticipated to extend from Hollis Street, northwest below Blandin Avenue, to Grace Avenue. From previous conceptual design efforts, this location is anticipated to provide partial storm attenuation, improving downstream conditions. A review of the stream reach will be performed, and identification of another possible location for a second detention basin will be provided. A second, and perhaps larger basin, is anticipated to provide further runoff attenuation. Study findings will be summarized in a report which will include exhibits describing the characteristics of the proposed detention basins. 4. Special Permits a. Where the stream improvements are shown as a designated floodplain/floodway in the City's Flood Insurance Rate Maps, the ENGINEER will evaluate the appropriateness of pursuing a Contingent Letter of Map Revision (CLOMR) and a Letter of Map Revision (LOMR). IF recommended, the appropriate documentation will be prepared during the construction documents phase of the project and not as part of this study. b. Corps of Engineer ENGINEER will coordinate with the Corps of Engineers to make a preliminary determination for permitting under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act as applicable. If formal permitting is deemed necessary, the appropriate documentation will be prepared during the construction documents phase of the project and not as a part of this study. 5. Review Meetings with City Following submittal of a Substantially Complete Study Report, the ENGINEER shall meet with CITY to discuss the project and the City's review comments. A-3 The CITY shall direct the ENGINEER in writing to proceed with the Final Study, incorporating City comments and submitting the completed study report. 6. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shall submit a conceptual estimate of probable construction cost with the final study report. A-4 �i7 L r ATTACHMENT "B" COMPENSATION DRY BRANCH CREEK DETENTION IMPROVEMENTS DOE Project No. 5425-Study, BHB No 06.706.00 Compensation A. The Engineer shall be compensated a total lump sum fee of $ 24,320 as summarized in Exhibit "13-3". Payment of the total lump sum fee shall be considered full compensation of the services described in Attachment "A", Exhibit "A-1" for all labor materials, supplies and equipment necessary to complete the project. B. The Engineer shall be paid monthly, as Described Exhibit "B-1", Section I — Method of Payment. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. Schedule Design Services for this project shall be completed within 45 working days after issuance of a "Notice to Proceed" from the City of Fort Worth Department of Engineering. Hydrologic, Hydraulic & Detention Study - 45 Working Days III. Construction Cost A. If the Engineer determines in the course of making design drawings and specifications that the construction cost estimate of n/a (as estimated on Exhibit "134") will be exceeded, whether by change in the scope of the project, increased costs or other conditions, the Engineer shall immediately report such fact to the City's Director of the Department of Engineering and, if so instructed by the Director of the Engineering Department shall suspend all work hereunder. EXHIBIT "13-1" (Supplement to Attachment B) METHOD OF PAYMENT DRY BRANCH CREEK DETENTION IMPROVEMENTS DOE Project No. 5425-Study, BHB No 06.706.00 I. Method of Payment The Engineer shall be paid the monthly partial payments upon the City's approval of an invoice from the Engineer outlining the estimated current percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Not more than 85% of the total lump sum fee, shall be payable the satisfactory completion and approval of Exhibit "A-1 ", Part A, and Part B, Section 2, Drainage Basin and Stream Modeling, and submittal of a Substantially Complete Study Report. The balance of the earnings, less previous payments, shall be payable after the successful completion of Exhibit "A-1 ", Part A & B, and submittal of the Final Study Report. il. Progress Reports The Engineer shall submit to the designated representative, of the Director of the Department of Engineering, monthly progress reports covering all phases of design by the 15'h of every month in the format required by the City. EXHIBIT "B-2" (Supplement to Attachment B) HOURLY RATE SCHEDULE DRY BRANCH CREEK DETENTION IMPROVEMENTS DOE Project No. 5425-Study, BHB No 06.706.00 I. Hourly Rate Schedule Emolovee Classification Principal (PE or RPLS) Project Manager (PE) Senior Engineer (PE) Engineer (EIT/PE) CAD/Drafting Rate Emplovee Classification Rate $160/Hr, Surveyor (RPLS) $100/Hr $135/Hr, Survey Technician $75/Hr $120/Hr, Robotics Survey Crew $95-$110/Hr $85-$100/Hr, GPS Survey Crew $120-$150/Hr $60/Hr, Clerical $50/Hr All direct expenses and reproduction costs shall be charged at current commercial rates and invoiced at cost plus ten (10%) percent. Sub -consultant work will also be invoiced at cost plus 10%. EXHIBIT "B-3A" (Supplement to Attachment B) SUMMARY OF TOTAL PROJECT FEES DRY BRANCH CREEK DETENTION IMPROVEMENTS DOE Project No. 5425-Study, BHB No 06.706.00 ConsuitinQ Firm Prime Consultant Baird, Hampton, & Brown M/WBE Consultants M/WBE Consultants Non M/WBE Consultants None Total for Professional Services Prime Responsibilitv Engineering, & Project Management Surveying Reproduction Not Applicable Proiect Description Scope of Services Total Fee Professional Services Drainage Improvements $24,300 Amount Percent $24,320 100% n/a 0% n/a 0% n/a 0% $24, 320 100% M/WBE Fee Percent n/a n/a EXHIBIT "13-313" (Supplement to Attachment B) PROFESSIONAL SERVICES FEE SUMMARY DRY BRANCH CREEK DETENTION IMPROVEMENTS DOE Project No. 5425-Study, BHB No 06.706.00 A. Basic Services: Professional fees for Basic Services are determined per the procedures outlined in "A Manual of Practice for Engaging the Services of a Consulting Engineer% published in 1982 by the Consulting Engineers Council and the Texas Society of Professional Engineers. Proposed fees are based upon Curve "A", which has been established for water distribution lines under 16"-diameter and sanitary sewer collection lines under 24"-diameter. Curve "A" has also been determined appropriate for roadway reconstruction projects; whereas Curve "B" is appropriate for new roadway construction. The significant constraints (existing driveways, parkway enhancements, intersecting streets, etc.) associated with a reconstruction project justify the use of Curve "A" over Curve "B". Part A - Conceptual Design, and Part B - Plans & Specifications Transportation & Public Works: (Construction Cost X ASCE Curve "A" X 85%) Drainage Improvements n/a X % X 85% = n/a B. Summary of Total Fee Service Description Water Sewer Drainage Total Engineering Services -0- -0- -0- -0- Surveying Services -0- -0- -0- -0- Additional/Other -0- -0- 24,320 24,320 Reproduction -0- -0- -0- -0- -0- -0- 24,320 24,320 EXHIBIT "13-36" - CONTINUED (Supplement to Attachment B) PROFESSIONAL SERVICES FEE SUMMARY DRY BRANCH CREEK DETENTION IMPROVEMENTS DOE Project No. 5425-Study, BHB No 06.706.00 C. Breakdown of Water, Sewer, and Paving Fees: 1. Total Water Fee (less surveying) _ $ -0- Concept (30%) $ -0- Preliminary (60%) $ -0- Final (10%) $ -0- 2. Total Sewer Fee (less surveying) _ $ -0- Concept (30%) $ -0- Preliminary (60%) $ -0- Final (10%) $ -0- 3. Drainage Fee(less surveying) _ $24,320 Concept (30%) $ 7,296 Preliminary (60%)$14,592 Final (10%) $ 2,432 EXHIBIT "B-3C" (Supplement to Attachment B) FEES FOR SURVEYING SERVICES DRY BRANCH CREEK DETENTION IMPROVEMENTS DOE project No. 5425-Study, BHB No 06.706.00 Surveying Services (ANA Consultants): Drainage Improvements Topographic Surveys = $ n/a Right -of -Way Documents = $ n/a Water Topographic Surveys = $ n/a Sanitary Sewer Topographic Surveys = $ n/a Total for Surveying Services by ANA = $ n/a EXHIBIT "13-31)" (Supplement to Attachment B) ADDITIONAL SERVICES DRY BRANCH CREEK DETENTION IMPROVEMENTS DOE Project No. 5425-Study, BHB No 06.706.00 Additional Services: Transportation & Public Works and Water Department: Hydrology & Hydraulics Prepare Hydrologic Analysis $160/Hr X 8 Hrs $ 1,280 $100/Hr X 40 Hrs $ 4,000 Prepare Hydraulic Analysis $160/Hr X 8 Hrs $ 1,280 $100/Hr X 40 Hrs $ 4,000 Calibrate H&H Models $160/HrX 4 Hrs $ 640 $100/HrX 16 Hrs $ 1,600 Evaluate Detention Alternatives $160/Hr X 16 Hrs $ 2,560 $100/Hr X 24 Hrs $ 2,400 Detention Alternatives Summary $160/Hr X 16 Hrs $ 2,560 $100/Hr X 40 Hrs $ 4,000 $ 24,320 Total for Additional Services $ 24,320 EXHIBIT "B-3E" (Supplement to Attachment B) FEE FOR REPRODUCTION SERVICES DRY BRANCH CREEK DETENTION IMPROVEMENTS DOE Project No. 5425-Study, BHB No 06.706.00 Printing & Reproduction Transportation & Public Works and Water Department: Feasibility (H&H and Detention Alternatives) Report 4 Sets of Report 50 Pg/Report X 4 = $ n/a Conceptual Design Report 4 Sets of Concept Report 25 Pg/Report X 4 = $ n/a Preliminary & Utility Clearance Plans 16 Sets of Constr. Plans 15 Sht/Plan X 16 = $ n/a 2 Sets of Specifications 250 Pg/Spec X 2 = $ n/a Final Plans 4 Sets of Constr. Plans 15 Sht/Plan X 4 = $ n/a 2 Sets of Specifications 250 Pg/Spec X 2 = $ n/a Bid Documents 50 Sets of Constr. Plans 15 Sht/Plan X 50 = $ n/a 50 Sets of Specifications 250Pg/Spec X 50 = $ n/a Mounted Exhibits for Public Meetings 2 Drawings 2 Boards X 1 Each = $ n/a Final Plans for Reference 1 Set of Mylar Plans 15 Sht/Plan X 1 = $ n/a 4 Sets of Half Size Plans 15 Sht/Plan X 4 = $ n/a PDF Files of Completed Plan 15 Sht/Plan = $ n/a Printing & Reproduction Subtotal = $ n/a EXHIBIT "B-4" (Supplement to Attachment B) SUMMARY of PROBABLE ESTIMATE of CONSTRUCTION COST DRY BRANCH CREEK DETENTION IMPROVEMENTS DOE Project No. 5425-Study, BHB No 06.706.00 Location Drainage Water Line Sewer Line Total Improvements Reconstruction Reconstruction Construction U) Drainage -0- -0- -0- $ n/a m I Improvements Right -of -Way -0- -0- -0- I $ n/a I Acquisitiion a� 0 Total -0- -0- -0- $ n/a Percent Cost -0-% -0-% -0-% -0-% a ATTACHMENT "C" AMENDMENTS TO STANDARD AGREEMENT & ATTACHMENT "A" DRY BRANCH CREEK DETENTION IMPROVEMENTS DOE Project No. 5425-Study, BHB No 06.706.00 1, Standard Agreement for Engineering Services No Amendments 2. Attachment "A", Scope of Services No Amendments Schedule 06-706-00-Study BHB Engineering & Surveying 9/20/2006 6300 Ridglea Place, Suite 700, Fort Worth, TX 76133 Tel(817)338-1277, Fax (817)338-9245 ATTACHMENT "D" SCHEDULE DRY BRANCH CREEK DETENTION BASIN Drainage (Hydrologic & Hydraulic) Study DOE No 5425-Study BHB No 06.706.00 Dated: September'06 Projected Actual No. Item / Task Descriotion Duration Start Finish Duration Start Finish 1 Dry Branch Creek Detention Study 60 days 9/4/2006 11/24/2006 2 H& Study 60 days 9/4/2006 11/24/2006 3 Part A: Pre -Study 10 days 9/4/2006 9/15/2006 4 Research & Data Collection 5 days 9/4/2006 9/8/2006 5 Coordination w/ Others 5 days 9/11/2006 9/15/2006 6 Part B: Hydrologic & Hydraulic Study 50 days 9/18/2006 11/24/2006 7 Hydrologic, Hydraulic & Detention Study 25 days 9/18/2006 10/20/2006 8 City Review & Comment 10 days 10/23/2006 11/3/2006 9 Incorporate Commens & Submit Final 15 days 11/6/2006 11/24/2006 Page 1 of 1 i .J 00 0 1 0 0 0 N go 0 N ATTACHMENT E. 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