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HomeMy WebLinkAboutContract 39854CITY SECRETARY CITY OF FORT WORTH, TEXAS CONTRACT NO.a$5 STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, corporation situated in Tarrant, Denton, Parker and Wise Counties, Alan Plummer Associates, Inc. (the "ENGINEER"), for a PROJECT Channel Condition Assessments, Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation a home -rule municipal Texas (the "CITY"), and generally described as: 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, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 1 of 15 OFFIC3AL RECG i �: ; CITY SECRETARY FT. WORTH, TX 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. 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. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY 's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 3 of 15 current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/VVBE) 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 4 of 15 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 five (5) 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 five (5) 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 subconsultant 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. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability —the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 5 of 15 i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto —the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 6 of 15 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) GENERAL INSURANCE REQUIREMENTS a. 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. b. 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. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 7 of 15 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. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date 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. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. 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. 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 CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 8 of 15 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. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D 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. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 9 of 15 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 prepared in accordance with Attachment D. 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 10 of 15 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 oI requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will ;be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 11 of 15 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 that prevent ENGINEER's performance of its obligations hereunder. 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 in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 12 of 15 work underway at the time of 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 In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 13 of 15 J. 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.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 14 of 15 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 (N/A) Attachment D - Project Schedule (N/A) Attachment E - Location Map (N/A) Executed this the day of I t &UDC , 20100 ATTEST: Marty Hendrix City Secretary NO M&C RE DIRRD ��� �°p0000� APPROVED AS TO F M AND LEGALITY Assi ATTEST: Attorney Gity of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 15 of 15 CITY OF FORT WORTH Assistant City Manager PROVAL RECOMMENDED Director, � � Department ALAN PLUMMER ASSOCIATES, INC. GLE7u5 R• MrtRTIt�1 Name DZ I io�ZoiO Title By: OFFICIAL RECQRD CITY SECRETARY FT. WORTH, TX Scope for Engineering Design Related Services for Channel Condition Assessments The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub -consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE This work will involve inspections of up to a maximum of three (3) streams and channels to assess erosion failures, accumulation of sediment, general degradation of designed engineering features and in some cases stream geomorphological conditions. The ENGINEER will provide recommendations of temporary and permanent improvements, and developing work scopes for channel maintenance projects. Ui�[�77:��i1���77i77►�11�7 Below is a list of tasks to be performed by the ENGINEER for each stream and/or channel authorized by the CITY: Phase A: Channel Condition Assessment Phase B: Survey Services PHASE A: CHANNEL CONDITION ASSESSMENT (50 PERCENT) ENGINEER will prepare a Channel Condition Assessment on a maximum of three (3) streams and/or channels to identify, develop, communicate alternative temporary and permanent solutions, opinion of probable construction costs for each alternative solution, and recommend the design concept that successfully addresses the design problem. A.1: Data Collection • Attend apre- design project kickoff meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and recommend economical and functional designs that meet CITY requirements. • Attend a Site Visit meeting at each of the three (3) streams and/or channels to further understand and evaluate the design issues involved. • 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, agencies (such as TxDOT and railroads), CITY Master Plans, CITY drainage complaint files, existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any) and property ownership as available from the Tax Assessor's office. ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09) PAGE 1 OF 4 A.2: Drainage Computations • ENGINEER will use existing applicable drainage studies, FEMA floodplain and floodway maps, and/or existing models of project area to determine existing 2-year and 100-year floodplain elevations. All calculations shall conform to CITY criteria delineated in the CITY's Storm Water Management Design Manual. All locations in the project area where 100-year runoff exceeds available storm drain and right-of- way capacities shall be clearly identified. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. A.3: Temporary Erosion Recommendation: • ENGINEER will provide a temporary erosion recommendation to convey the year floodplain elevation and resultant velocity that can be constructed by CITY staff and equipment (if possible) while the permanent design is being submitted and approved for the United States Army Corps of Engineers (USACE) Section 404 Permit. A.4: Completion of Channel Condition Assessment: • The ENGINEER will submit a Draft Channel Condition Assessment to CITY no later than 30 calendar days upon the last Site Visit Meeting of the three (3) streams and/or channels authorized by the City. • Conduct Review Meeting with CITY upon review of assessment. • Perform Site Visit at each of the three (3) streams and/or channels based on I eview meeting comments. • The ENGINEER will submit a Final Channel Condition Assessment to CITY no lCAter than 30 calendar days from the completion of the Review Meeting. A.5: The Channel Condition Assessment shall include the following: • Written design based memorandum summarizing alternative design concepts considerations, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. • Opinion of probable construction costs for both the temporary and permanent erosion designs. MEETINGS • One (1)fre-Design Project Kickoff Meeting with CITY. • Three (3) Site Visit Meetings with CITY (One Site Visit Meeting per stream or channel). • One (1) Internal Quality Control (QC) Workshop. • One (1) Review Meeting with CITY. ATTACHMENT'A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (11/20/09) F:\PROJECTS\0318\043.01U'ROJECTMGMIICONTRACTS\1_ATTACH A -STORM WATER.DOCX PAGE 2 OF 4 • Three (3) Site Visits after Review Meeting (One Site Visit per stream or channel). DELIVERABLES • Meeting agendas and summaries with action items • Monthly invoices • Eight (8) copies of the Draft Channel Condition Assessment. • Eight (8) copies of the Final Channel Condition Assessment. PHASE B: SURVEY ENGINEER will provide survey support as follows: B.1: Design Survey • ENGINEER will perform field surveys at Sandy Lane Park to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for one (1) channel and/or stream. Information gathered during the survey shall include approximately 1,100 linear feet of topographic data, utilities as required by the SUE, structures, trees (12" caliper and larger, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: i) A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: The following information about each Control Point; a) Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b) X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c) Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). DELIVERABLES • Project Control Sheet (to be included in Construction Plans). ATTACHMENT °A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (11/20/09) F:(PROJECTS\0318\043.01\PROJECTMGMT\CONTRACTS\i_ATTACH A -STORM WATER.DOCX PAGE 3 OF 4 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existinq Scope of be, — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. • Detailed design of stream and/or channels identified in Scope of Services. • Preparation of Plans and Specifications. • Bid Phase and Construction Phase Services • Prepare Letter of Map Revision (LOMR) or flood study • Provide expert witness testimony as required for condemnation hearings, including the preparation of engineering data and reports. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties other than condemnation proceedings arising from the development or construction of the project, including the preparation of engineering data and reports for assistance to the OWNER. • Providing additional topographic surveys beyond the limits set forth in existing Scope of Services. • Investigations involving detailed consideration of expenses and material audits or inventories required for certification of force account construction performed by the OWNER. • Provide shop, mill, field or laboratory inspection of materials and equipment. Sampling, testing or analysis beyond that specifically included in existing Scope of Services. • Furnishing resident representation as the OWNER's on -site representative during the construction phase. • Assisting the OWNER in claims disputes with Contractor(s). • Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. • Attending meetings and developing data and information required for zoning and/or plat approvals of construction sites. • Providing copies of Memorandums beyond the limits set forth in existing Scope of Services. • Participation in a Public Hearing or a Public Meeting. • Obtaining tree permits. • Section 404 Permitting. • Environmental Support for Funding Programs. • Archeological/Cultural Resources Survey. • Storm Water Pollution Prevention Plan. Attending additional meetings not detailed in the existing Scope of Services as requested by OWNER. • Any additional services, which may be required by the OWNER for completion of the project that are not included in the existing Scope of Services. ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (11/20/09) F:\PROJECTSl0318\043-01U'ROJECTMGMIICONTRACTS\i ATTACH A - STORM WATER.DOCX PAGE 4 OF 4 ATTACHMENT "B" COMPENSATION AND SCHEDULE Design Services for Channel Condition Assessments City Project No. I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of 49 554 as summarized in Exhibit "134'. Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment A, for all labor materials, supplies, and equipment necessary to complete the project. B. The ENGINEER shall be paid monthly payments as described in Exhibit "B-1" Section 1 - 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. I1. Schedule Final Plans and Contract Documents for bid advertisement shall be submitted within 90 calendar days after the "Notice to Proceed" letter is issued. A. Site Visit Meetings with City - 15 calendar days. B. Draft Channel Condition Assessment — 30 calendar days. C. Review Meeting with City —15 calendar days. D. Final Channel Condition Assessment — 30 calendar days. Rev. 8-7-09 B-1 EXHIBIT "B-1" METHOD OF PAYMENT (Supplement to Attachment B) Design Services for Channel Condition Assessments City Project No. I. Method of Payment Partial payment shall be made to the ENGINEER monthly upon 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: Until satisfactory completion of Draft Channel Condition Assessment submittal, a sum not to exceed 60 percent of the total lump sum fee (less surveying). Until satisfactory completion of Draft Channel Condition Assessment submittal and approval by the City, a sum not to exceed 100 percent of the total lump sum fee (less previous payments, surveying). Surveying services shall be paid after services are rendered. Rev. 8-7-09 B-2 EXHIBIT B-2" HOURLY RATE SCHEDULE (Supplement to Attachment B) Design Services for Channel Condition Assessments City Project No. 2010 Standard Hourly Rate Schedule Staff Description Staff Code Range of Billing Rates Admin Staff Al-A3 $ 50.00 - $ 70.00 Senior Admin Staff A4 $ 65.00 - $ 95.00 Designer/Technician Cl-C2 $ 50.00 - $ 90.00 Senior Designer/Technician C3-C4 $ 85.00 - $ 120.00 Engineer-in-Training/Scientist-in-Training ESO-ES3 $ 80.00 - $110000 Project Engineer/Scientist ES4 $ 100.00 - $125.00 Senior Project Engineer/Scientist ES5 $115000 - $150000 Project Manager ES6 $125000 - $175.00 Senior Project Manager ES7 $165.00 - $225.00 Principal ES8-ES9 $180000 - $265.00 Billing rates are based on "salary cost" times a multiplier of 2.3. Salary cost is based on direct payroll costs times 1.43. Salary cost includes direct payroll costs, payroll taxes, vacation, holiday, sick leave, employee insurance, and other fringe. Range of billing rates shown may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. The multipliers shown will not be adjusted. A multiplier of 1.10 will be applied to all direct expenses. Rev. 8-7-09 B-3 EXHIBIT "B-3" (Supplement to Attachment B) Design Services for Channel Condition Assessments City Project No. SUMMARY OF TOTAL PROJECT FEES Consulting Firm Prime Responsibility Amount Prime Consultant: Alan Plummer & Perform Channel $44,419.00 89.64% Associates, Inc. Assessment Proposed M/WBE Sub -Consultants Amount Spooner & Surveying Services $5,135.00 10.36% Associates, Inc. Non-M/WBE Consultants: NONE Project Description Scope of Services Total Fee MWBE Fee Percent Phase A Channel Assessment $43,905000 $0.00 0% Phase B Survey Services $5,649000 $5,135200 90.91 % Total Project $49,544.00 $5,135.00 10.36% City M/WBE Goal = _% Rev. 8-7-09 B-4 EXHIBIT "13-313" (Supplement to Attachment B) Design Services for Channel Condition Assessments City Project No. FEES FOR SURVEYING SERVICES Surveying Services: Paving: The ground topographic design survey consists of the route survey being approximately 1,030 linear feet. The topographic survey will consist of full topographic survey of Cottonwood Creek, including all major trees 12" or larger. A swath of 25' on each side of the north and south bank including the top and toe of bank and centerline of Cottonwood Creek will be included in the survey as well as 100' wide swath of topographic data for the small creek running north into Sandy Lane Park. The south bank of curb of Sandy lane Park Drive including all of the area between the north bank of Cottonwood Creek will be shown on the survey as well as the establishment of the existing right-of-way of Sandy Lane. Topographic Surveys: T&PW Surveying Services: $5,649.00 $5,649.00 Rev. 8-7-09 B-5 EXHIBIT "B-3C" (Supplement to Attachment B) Design Services for Channel Condition Assessments City Project No. FEE FOR REPRODUCTION SERVICES Printing &Reproduction: Channel Condition Assessment: 16 sets of Report $1.10 /pg. X 25 pages/report x 16 Printing &Reproduction Subtotal $ 440.00 $ 440.00 Rev. 8-7-09 B-6