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HomeMy WebLinkAboutContract 15936 y CITY SECRETARY STATE OF TEXAS ---~~." ^ nmow ALL Mom BY raoeo romeEmc*: CoomrY or cAnnAmc 0 That the city of Fort Worth, a municipal corporation situated in Tarrant County, Texas, acting boceio by and through Douglas Harman, its duly authorized City manager, bacoiusttor naIlo8 "CITY", and Camp Dresser a sonen, Inc., acting herein by and through William F. Buchholz, its duly authorized � vice President, hereinafter called "omeImoEm", hereby make and � enter into the following agreement: ' ' ARTICLE z . aonvzCoo ` Section l. For and in consideration of the covenants here- in contained, Engineer hereby covenants and agrees as an . independent contractor, to perform the services hereinafter | described with diligence and in accordance with the highest pro- fessional standards customarily obtained for such services in . the State of Texas. The services to be performed by Engineer . hereunder shall include design of drainage, culverts and all other necessary design and engineering work for improvements in connection with the following projects and locations: The oouretm lining of the Inwood Drive (Overton Park) Drainage Channel from the confluence of the Overton Park Channel with its tributary CF-3A to a point about 250 feet downstream of the confluence of the Overton Park cbaooeI with the Garita Drive Channel, and the oonnrete� lining of the unlined portion of the aacita Drive Channel below the Willow Lake outfalI. all of the work is within the City of Fort Worth, Texas. The designs of the channels obaII correspond to the design concepts and recommendations set forth in the Engineer's report entitled "Overton park ocoatnn Control Project" dated August 6, 1987. More particularly, the Inwood Drive (Overton Park) obauual shall be a reinforced concrete rectangular channel from its confluence with Tributary CF-3A to the confluence with the oarita Drive channel and then transition to m reinforced concrete trapezoidal channel from the aarita Drive Channel downstream for about 250 feet. The Garita Drive Channel shall be of reinforced concrete with a trapezoidal cross-section. Dimensions shall be as generally .outlined in the report. The Inwood Drive channel shall tie into the multiple box culvert structures at Inwood Drive and the marita Drive Channel, and into the gabiou structure in the Overton Park Cbauuel, Fences shall be included, where necessary for safety, along the tops of the concrete linings. Section 2. The services to be performed by Engineer shall include the following: I\ When raguestnd' by the City, the Engineer shall attend preliminary onoforouoeo with authorized representa- tives of the City regarding the project and such other conferences as may be necessary in the opinion of the City to assure that the DIaoe and specifications nbiob are to be developed hereunder by the Engineer will result in providing facilities which are economical in daalgo and conform to instruction from the City. 2> The Engineer shall attend such onnfmcenoao with offi- cials of other agencies as may be necessary in the ngioino of the City for coordination of the proposed | storm drain improvements with the requirements of such � other agencies. It shall be the Engineer's duty here- under information from�i ^udec to secure noonaoazy n m oucb agencies. / 3) The i shall advise the city with regard to the necessity for subcontract work such as special sur- veys, tests, test borings, or other subsurface investigations in connection with design and engineer- ing work to be performed hereunder. The Engineer shall also advise the City concerning the results of same. Such surveys, tests, and investigations shall be made only upon authorization by the City. 4) During the preliminary phase (Phase z) the aug1noor shall coordinate with all utilities as to any proposed utility lines or adjustment to existing utility lines within the project Ibmita� The information obtained shall be shown on the glauo, The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines. The Engineer shall also evaluate the phasing of the utility work as a factor in the actual. construction of the storm drainage improvements. | 5) The City shall provide necessary field surveys and � furnish a copy of survey book notes to the Engineer for his use in the preparation of plans and specifica- tions. The Engineer ebaII provide �be City with the descriptions and scope of survey needs and supply the necessary information in regard to alignment and other criteria to enable the City to furnish the necessary surveys. 6) Engineer shall provide detailed design data, cross- sections, profiles, drainage calculations, estimates of cost and complete detailed pInue and specifica- tions. The designs and the bidding documents shall provide for the nnuotzuotiou of the Inwood Drive (Overton park) Channel from the Sazita Drive Channel upstream as the base bid and from the Sacita Drive Channel dmvoatzoam as an additive bid. The construction of the Sacita Drive channel shall be another additive bid. 7) The Engineer abalI` oubmit 18 copies of Phase I plans in preliminary toon as may be necessary in the opinion of the City 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 Phase l plan shall indicate location of existing/proposed utilities and storm drain lines. 8) The Engineer abuIl furnish 6 copies of detailed Phase 2 final drawings and 4 copies of specifications for construction as authorized by the City for use in | obtaining. uiva, awarding contracts, constructing and � completing the proposed improvements. The Engineer shall furnish and indicate on the plans the location of existing and proposed utilities and storm drains. 9) The augiueoz abulI furnish &O copies of Phase 3 drawings and 40 bound copies of the contract documents containing the mntinn to Bidders, Proposal, Labor | mates, Experience Records, General and Special Provi- sions, Specifications, Insurance Statement, Perfor- mance and Payment Bonds, and Contract forms. lO) The Engineer shall furnish ] copies of the Engineer's opinion of probable project construction costs and proposals for authorized construction, nbinb shall include summaries of bid items and quantities. Il> The Engineer shall oocuco the approval of the City of the final plans and specifications. Evidence of such -2- i approval shall be the signatures of authorized City officials inscribed on the plans. All Contract Docu- ments shall comply in all respects with all applicable local, state, and federal laws and with all applicable rules and regulations promulgated by all local, royal and national boards, bureaus and agencies. App by the City shall not constitute or be deemed to be a release of the responsibility and liability of the Engineer, its officers, agents, employees and subcon- tractors for the accuracy and competency of the services performed hereunder, including but not limited to designs, working drawings and specifica- tions or other engineering documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any error, omission, defect or negligence in the perfor- mance of such services, it being the intent of the parties that approval by the City signifies the City's approval of only the general design concept of the improvements to be constructed. The Engineer, during the construction of said project and for a ten (10) year period thereafter, as pre- scribed by Article 5536a of the Revised Civil Statutes of Texas, shall indemnify and hold harmless and defend the City, its officers, agents and/or employees from any loss, damages, liability or expense on account of damage to property and/or injuries (including death) to any person or persons, including officers, em- ployees or agents of the Engineer, which are proxi- mately caused by any negligent error, omission, defect, or deficiency in the performance of the Engi- neer's professional services or in the preparation of designs, working drawings, specifications or other engineering documents incorporated into any improve- ments constructed in accordance herewith, The Engineer shall defend at its own expense any suit or other pro- ceedings brought against the City or its officers, agents or employees on account thereof and shall pay all expenses and satisfy all judgements which may be incurred by or rendered against the City or its offi- cers, agents or employees in connection herewith; pro- viding and except, however, that this indemnity provision shall not be construed as requiring the Engineer to indemnify or hold harmless the City, its officers, agents, or employees from loss, damages, liability or expense on account of defects or defi- ciencies in design criteria and information furnished to the Engineer by the City and which the Engineer could not discover by the exercise of reasonable dili- gence, or deviations by the contractor in construction from Engineer's designs, working drawings, specifica- tions or other engineering documents, except such deviations as might occur with the approval of the Engineer or during the performance of work over which the Engineer has supervision. 12) The Engineer shall assist in the tabulation and review of all bids received for the construction of the improvements, and shall make recommendations to the City concerning these bids. At any time during the construction of this project, the Engineer shall advise on special aspects of the project at the request of the City. 13) The original drawings of all plans which shall be drawn in ink on reproducible cloth or approved plastic film sheets, or as otherwise approved by the Transportation and Public Works Director, 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 -3- such drawings on any extension of this project or for any project other than the project described herein. 14) furnish City shreporall oofdethe etest yinformation tyto the Engineer for its use. 15) The Engineer shall determine the rights-of-way and easement needs necessary for the construction of the project and furnish same to the City. The City shall provide the necessary land survey, Deed and Abstract Records search, rights-of-way maps and descriptions of properties to be acquired. ARTICLE II COMPENSATION For all engineering services performed hereunder, local travel, supplies and incidentals the City agrees to pay the Engineer a fee in an amount equal to 2.39 times the salary cost of its employees engaged on the project. Salary Cost shall be equal to the cost of salaries o32em 1 fors,sociae security chargeable to the project, p a roll taxes, contributions, unemployment, excise and p y unemployment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. The following hourly salary rates shall apply to this contract: Classification Hourly Rate Administrative Asst. (AAGN3) $8.50 - $11.65 Contract Administrator (ADCTI) 12.55 - 16.12 Office Administrator (ADOFI) 10.77 - 19.15 Clerical/Typist (CLRCI) 6.15 - 7.25 Drafter (DFGN 2/4) 9.37 - 20.15 Technician (DNGN 2/3) 10.25 - 14.85 General Civil Engineer (ENEV 1/4) 10.62 - 22.50 General Civil Enginee .(ENEV 5/9) 15.92 - 42.06 13.62 - I7.50 Structural Engineer (ENST 3/4) 30.12 - 32.53 Structural Engineer (ENST 8) 26,65 - 33.25 Water Resource Engineer (ENWR 8) Tech. Specification Writer (TESP 6) • 16.10 - 17.39 Typist - Word Processor (TYWP 2) 7.50 - 11.50 Specifications Editor (WEGN 3) 13.90 - 15.01 The City shall pay the Engineer for all subcontract work authorized by the City at the actual invoice cost plus ten percent (100) . The City shall pay the Engineer for reproduction work at the current commercial rates. In no event shall the payment by the City for all work and services performed hereunder exceed the total sum of $55,000.00. Method of Payment: Partial payment shall be made monthly upon receipt of an invoice from the Engineer outlining the amount of hours worked by each employee and the employee's' salary rate along with itemized charges for any subcontract, reproduction and survey work performed during the period covered by said invoice. The aggregate of such monthly partial payments shall not exceed the following: Until satisfactory completion of Phase 1 hereunder, a sum not to exceed 45% of the maximum fee. -4- Until satisfactory completion of Phase 2 hereunder, a sum not to exceed 75% of the maximum fee, less previous payments. Until satisfactory completion of Phase 3 hereunder, a sum not to exceed 95% of the maximum fee, less previous payments. Balance of earnings to be due and payable upon satisfactory completion of Phase 3. ARTICLE III PHASES AND SCHEDULES Engineering work on this project shall be completed accord- ing to the following schedule: Phase 1: Preliminary construction plans and detailed right-of-way requirements shall be submitted for review by the City and utility companies and other agencies within 60 calendar days after the "Notice to Proceed" and survey notes are received from the City. Phase 2: Final construction plans and specifications shall be submitted for final review within 35 calendar days after receipt of City's Phase 1 review com- ments. Phase 3: Final construction plans and specifications shall be submitted for advertising within 15 calendar days after receipt of City's Phase 2 review com- ments. ARTICLE IV COORDINATION WITH OWNER The City shall make available to the Engineer for use in performing services hereunder all existing plans, maps, field notes, statistics, computations and other data in City's posses- sion relative to existing facilities and to the project. ARTICLE V PROGRESS REPORT The Engineer shall submit monthly progress reports to the Director of Transportation and Public Works. If the Engineer determines in the course of making design drawings and specifications that the cost estimate of $1,366,000-00 will be exceeded, whether by change in the scope of the project, or other conditions, the Engineer shall immediately report such fact to the City's Transportation and Public Works Director, and if so instructed by the Transportation and Public Works Director, shall suspend all work hereunder. ARTICLE VI TRANSFER OF CONTRACT The Engineer shall not assign, sublet or transfer, in whole or in part, its interest in this agreement without the prior written consent of the City. ARTICLE VII TERMINATION OF CONTRACT Section 1. The City may terminate this contract at any time and for any cause by a notice in writing to the Engineer. -5- Upon receipt of such notice the Engineer shall immediately dis- continue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facili- ties, and materials, in connection with the performance of this contract and shall proceed to cancel promptly all existing con- tracts insofar as they are chargeable to this contract. Section 2. If the City terminates this contract under the foregoing Section 1, the City shall pay the Engineer a reason- able amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged an the work by the Engineer up to the date of termina- tion of the contract and for subcontract, reproduction, and survey work in accordance with the method of compensation stated in Article II hereof. Section 3. All completed or partially completed reports prepared under this contract, including the original drawings, shall become the property of the City when the contract is terminated, and may be used by City in any manner it desires; provided, however, that the Engineer shall not be liable for the use of such drawings on any extension of this project or for any project other than the project described in this contract. ARTICLE VIII INDEPENDENT CONTRACTOR Engineer covenants and agrees that it will perform the work hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City; that the Engineer shall have exclusive control of and the exclusive right to control the details of the work performed hereunder, and all persons per- forming same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondeat superior shall not apply as between the City and the Engineer, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Engineer. .ARTICLE IX DISCLOSURE By signature of this contract, the Engineer warrants to the City of Fort Worth that he has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed project and business relationships with abutting property owners. The Engineer further warrants that he will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this contract and prior to final payment under the contract. ARTICLE X INSURANCE Engineer shall not commence work under this contract until it has obtained Professional Liability Insurance as required hereunder and such insurance coverage has been approved by the City. Such insurance shall be in the minimum amount of $250,000 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained throughout the period which Engineer furnishes its services hereunder and shall not be cancelled, modified or altered in any manner without prior written notice to the City. In this connec- tion, upon the signing and return of this contract by the Engineer, a certificate of Insurance shall be furnished to the City as evidence that the insurance coverage required herein has been obtained by Engineer, and such certificate shall contain -6- � the provision that such insurance shall not be cancelled, modi- fied or altered without thirty <30> days prior written notice to the city. xz mon/WBo GOALS The Engineer acknowledges his commitment to meet the City of Fort Worth's goals for minority and women-owned business � . enterprise (Mea/Wao) participation in City contracts, as specified in his proposal. mao and WaD participation was Dart of the evaluation criteria used in the award of this contract, therefore, failure to comply may result in a bidder being classified as an irresponsible consultant and being barred from . City work for a period of not luoa than six months. The Engineer agrees to furnish documentation of MBE and Wuo participation such as cancelled cbnoba, etc. or such evidence as may be deemed proper by the City of Fort Worth. aazzoLo Xzz / vumoo � Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas. IN wzrmuan WHEREOF, the parties hereby have o ad this t agreement in triplicate originals on this date, the exec o AT; C I;TYi FORT WORTH City Secretary ity Manager aeeRovAL aoCommomonn: MPID�ESSER AND MCKEE, Inc. Transportation and Public Works Director aPgRovuo AS TO romm AND LuouLzrz: Address: "~. A,vity pettorney uzcuar, ~ oo -7- City of Fort Worth, T' xas Mayor and Council Communication DATE REFERENCE SUBJECT: AWARD OF DESIGN CONTRACT PAGE NUMBER INWOOD DRIVE AND SARITA DRIVE 2 9-8-87 **C-10504 1 of DRAINAGE CHANNEL IMPROVEMENTS kECOMMENDATION It is recommended that the City Council : 1. authorize the City Manager to execute a contract with the firm of Camp Dresser & McKee, Inc-.,- to provide engineering design for improvements to Inwood Drive and Sarita Drive drainage channels, at a fee not to exceed $55,000.00; and 2. approve the following bond fund transfer: FROM TO AMOUNT REASON 67-095901-00 67-028840-00 $55,000 To provide funds Design Engineering Inwood Drive/Sarita for engineering Unspecified Drive Channel Improve- design fees. ments DISCUSSION Over the years, flooding and severe bank erosion have been observed along the unlined portion of the Sarita Drive drainage channel and along a portion of the Inwood Drive (Overton Park) drainage channel from its confluence with the Sarita Drive channel southward for about 800 feet. On September 10, 1985, M&C C-9230, the City Council authorized the firm of Camp Dresser & McKee, Inc. to study the hydrography and hydraulics of these two channels and to make recommendations to improve the channels' capacities, if possible, and to halt the bank erosion which endangers public facilities as well as private property. The consultant has recommended that the channels be lined With concrete at estimated construction costs of $945,000 for Reach No. 1 of the Inwood Channel (from the Sarita Drive Channel upstream for 800 feet) , $351,000 for Reach 2 of the Inwood Channel (from Sarita Channel downstream for 250 feet), and $70,000 for the unlined 200-foot stretch of Sarita Drive Channel below the Willow Lake Outf all . On March 22, 19865 the voters of Fort Worth approved a Capital Improvement Program which included $1,000,000 for Inwood Drive Channel improvements. It is proposed to implement the consultant's recommended channel improvement program. The first step is to prepare engineering designs for the concrete linings for the three sections of drainage' channel which were studied. The designs will include the bid documents and will provide a base bid for lining the Inwood Drive Channel behind the houses and downstream to the Sarita Drive channel (about 800 feet) , an additive bid item for lining the Inwood Drive channel from the Sarita Drive Channel downstream for about 250 more feet, and another additive bid item for lining about 200 feet of the Sarita Drive Channel below the Willow Lake Outfall . The City Council would then be in a position to DATE REFERENCE SUBJECT: AWARD OF DESIGN CONTRACT PAGE NUMBER .INWOOD ,DRIVE AND SARITA DRIVE 2' 2 9-8-87 **C-10504 DRAINAGE CHANNEL IMPROVEME IS award at least the base bid but, if very favorable bids are received, could award one or both additives. If either .or both additives cannot be awarded, the . City Council would have the completed designs ready to advertise whenever additional funds become available. Because of its familiarity with both the existing channel conditions -and proposed solutions, the firm of Camp Dresser & McKee, Inc. is recommended to undertake the design work. The firm has agreed to provide the engineering services for a fee not to exceed $55,000.00. The fee is be based on the salaries of Camp Dresser & McKee' s employees actually engaged on the project, with multipliers of 1.322 to cover fringe benefits and 2.89 to cover overhead and profit. Subcontract work will be billed at the actual cost. plus 10%, and printing and reproduction will be billed at current commercial rates. The staff considers this fee to be fair and reasonable for the work to be done. Camp Dresser & McKee agrees to complete the work within 110 calendar days exclusive of any time required by the City to provide data and to review plans. The firm also has agreed to comply with the City' s MBE and WBE Policy. PROJECT FINANCING A bond fund transfer in the amount of $55,000.00 will be necessary from Street Improvement Fund 67, Account No. 095901-00, Design Engineering Unspecified (in which sufficient funds are available) , to the Street Improvement Fund 67. Project Account No. 028840-00, Inwood Drive/Sarita Drive Channel Improvements, to finance this work. Expenditures will be made from Index Code 630202. DAI:db APPROVED By CITY COU NCIL SEP City Seat etary of the City of Fort Worth.TG%cL% SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: David Ivory ❑ APPROVED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: .. Gary Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Bi erman 7923 DATE