HomeMy WebLinkAboutContract 40900CITY SECRETARY q
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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
Michael Baker Jr., Inc., (the "ENGINEER"), for a PROJECT generally described as: Channel
Condition Assessment.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in Attachment B 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
7 days' written notice to CITY, suspend services under this AGREEMENT until
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 1 of 15
1 0-06-1 0 A l o:24 IN
OEHUTAL RtCORD
CITY SECRETARY
Ft WORTH, TX
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.
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
City of Fort Worth, Texas
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D Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
o n 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
u se 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
o r 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
current available information at the time of preparation, in accordance with
Attachment A
City of Fort Worth, Texas
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(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.
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
City of Fort Worth, Texas
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Page 4of15
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 Tess 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.
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
City of Fort Worth, Texas
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Page 5 of 15
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 Tess
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.
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.
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 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.
City of Fort Worth, Texas
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(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,
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
City of Fort Worth, Texas
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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.
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.
0 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
City of Fort Worth, Texas
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6.30.09
Page 8 of 15
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.
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
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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
with, or resulting from the engineering services performed
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 10 of 15
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
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.
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 11 of 15
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, stnkes, 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
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6,30,09
Page 12 of 15
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.
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,
o r unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
n ever 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
e nactment 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 ofthe 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 AGRFEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B — Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Executed this the � day of QDV3a43tLs_i, 201b .
ATTEST:
Marty Hendri
City Secretary
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Assistant Ci y Attorney
ATTEST:
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 15 of 15
4
CITY OF FORT WORTH
Assistant City Manager
*; Dire
MICHAEL BAKER JR., INC
OVAL RECOMMENDED
P\k, Department
Name Chris opher A. Johnson, P.E.
Title Asst. Vice President
By: 7-;-:/4794_ 7kt A
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
ATTACHMENT "A"
Scope for Engineering Design Related Services for Storm Water Improvements Projects
SEE ATTACHED
ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 10-29-09)
PAGE 1 OF 1
Scope of Work
Channel Condition Assessment
City of Fort Worth
August 11, 2010
Michael Baker Jr., Inc. (Baker) is pleased to present this scope of work to the City of Fort Worth for
Channel Condition Assessments for four (4) storm water channels located within Fort Worth, Tarrant
County, Texas. These assessments will include Concept Plans that will be used by the City to address
existing channel performance issues.
This scope of work includes the following basic services:
• Desktop review of existing conditions data.
• Visual assessment of existing conditions at all four (4) sites.
• Conceptual plan of proposed channel improvement works.
• Preparation of conceptual plan layouts delivered in PDF format and accompanying geo-
database.
• Development of a conceptual plan memo outlining existing site conditions and proposed plans.
• Coordination with the City through all stages of project.
The four (4) sites to be assessed include:
• Smoke Tree Channel — approximately 1,700 LF;
• Mary Meadows Channel - approximately 2,800 LF;
• Marlborough Channel - approximately 2,800 LF and
• King Branch Channel - approximately 2,500 LF.
Baker proposes to incorporate traditional design as well as natural channel design where appropriate to
develop the site concept plans. The following sections describe these tasks in detail along with the
proposed project schedule and the associated fee to perform the work.
1.0 CHANNEL CONDITION ASSESSMENT
1.1 Data Collection and Review - Baker will review the following existing information, to
be provided, as available, by the City. Baker will compile this information in GIS and
produce field maps of each site and its watershed to assist in field assessments and
feasibility analysis.
• Drainage areas and drainage patterns;
• Topography;
• Property boundaries;
• Storm pipe and other local utility mapping;
Scope of Work
Channel Condition Assessments
August 11, 2010
Page 2 of 4
• Current and historical aerial imagery*
• FEMA floodplain and flood zone maps as well as local flood studies;
• Documentation of historical flooding data;
• Existing hydrologic and hydraulic models and mapping;
• Previous feasibility or planning studies;
• Future development plans; and,
• Zoning Plans.
1 2 Site Visits - Baker will perform a visual field assessment of the four (4) sites. This
assessment will include:
• Qualitative assessment of channel stability;
• Approximate stream and structure dimensions based on simplified field
measurements or measurements from aerial photographs;
• Identification of observable constraints (i e. sewer manholes, overhead electric
lines, fences, etc.);
• Photo log of the area;
• Possible point pollutant discharge locations; and,
• Identification of access issues.
Baker will observe the site and surrounding area surface conditions such as topography,
drainage features and vegetation.
1.3 Threat Identification — Baker will conduct a desktop review of the geomorphic context of
the region and use observations from the site visits to develop an understanding of the
existing stream condition and processes to identify potential threats (such a erosion,
channel and bank instabilities) to the target outcome (including threats originating
outside the project site area).
1.4 Alternatives Analyses — Baker will propose up to three (3) alternative solutions to
address the specific performance issues of each site and a preferred alternative selected
for the concept plan. The alternatives will consider the following:
• Improvement work objectives and target outcome established in coordination
with the City;
• Utilities and associated easements;
• Right of way needed for long term maintenance;
• Topographic limitations; and,
• Constructability, which includes the amount of area/property required for
construction.
It is envisioned that the improvement work objectives and target outcomes would be
established at an inception meeting. These objectives, which may include channel stability,
water quality, ecological, esthetics and use, would be the basis for the concept plan and
proposed improvement works
Scope of Work
Channel Condition Assessments
August 11, 2010
Page 3 of 4
Baker will also identify potential hydrologic impacts extending beyond the property
boundaries of the project site and of impacts to FEMA-mapped floodplains through review
of FEMA maps.
2.0 DELIVERABLES
Baker will prepare and submit a Concept Plan for each of the sites.
2.1 Channel Conditions Assessment Memo - The Channel Conditions Assessment Memo will
consist of:
• Relevant data collection and site visit information including a log of all relevant site
photographs;
• Summary of the existing conditions, processes and threats, and constraints findings and
methods of analysis;
• Summary of the concept plan for each site and supporting calculations (if applicable);
• Cost estimate for each concept plan.
2.2 Concept Plan — The Concept Plan will consist of:
• The proposed alignment/location of project components laid out on existing .aerial
imagery and mapping. Existing mapping features will include the existing alignment and
contours, property lines, utility locations and appropriate physical features, as available.
• Typical cross -sections for channel components and typical cross -sections of BMPs.
Cross -sections will consist of schematic drawings only (i.e., not to scale).
• Proposed easement limits.
• Typical detail drawings of in -stream structures and bio-engineering methods as
applicable.
2.3 GIS Database — A GIS database will be provided that includes the line work for the concept
plan and other data (such as drainage basin boundaries).
Costing allows for one (1) draft memo and one (1) draft concept plan to allow for comment by the City,
and one (1) final concept report and one (1) final concept plan Final deliverables will include one (1)
hardcopy of the memo and concept plan and an electronic copy in pdf format.
3.0 PROJECT MANAGEMENT AND COORDINATION
3.1 Coordination and Meetings
• It is proposed to conduct a one (1) hour inception meeting at the beginning of the
project (to be coordinated by the City) to establish improvement work objectives and
target outcomes. It is assumed that the inception meeting would be held the same day
as the site visits. Costing allows for two (2) Baker staff to attend the inception meeting.
• It is proposed to conduct one (1) two (2) hour project meeting (per site and coordinated
by the City) to present the draft concept plan and allow for comment by the City
Costing allows for two (2) Baker staff to attend the project meeting.
Scope of Work
Channel Condition Assessments
August 11, 2010
Page 4 of 4
• Project coordination would likely include email correspondence as needed per specific
site and schedule. It assumed that no other coordination is required other than inception
and project meetings.
3.2 Project Reporting, Management and Invoicing — The Baker Project Manager will provide
the City Project Manager with monthly progress reports and invoices.
4.0 FEE
Our proposed fee is based on $49,950 for all four (4) sites. A detailed breakdown showing hourly rates,
labor hours and costs for each task is provided on the attached spreadsheet. Travel, per diem costs,
equipment, and project specific office expenses are included as direct costs within the task fees.
6.0 SCHEDULE
Task
No.
Weeks
from
Notice
Proceed
-to
-
Task
Name
1.0
12
weeks
Channel
Conditions
Assessment
2.0
Deliverables
16 weeks
3.0
18
weeks
Project
Management
and
Coordination
7.0 ASSUMPTIONS
The scope of works and associated fees provided assume the following:
• Access to project sites is available in a timely manner to meet proposed schedule. The City will
coordinate access to sites and landowner communication.
• The City will coordinate all meeting locations and setup as required.
• Inception meeting will be held within a week of the notice to proceed.
• All iequired data will be provided to Baker free of charge.
• Costing allows for one (1) Draft Concept Report and Plan to allow for City comments. One (1)
week has been allowed for comments following the project meeting for incorporation in to the
Final Channel Condition Assessment Memo and Concept Plan.
EXHIBIT "B-1"
METHOD OF PAYMENT
(Supplement to Attachment B)
COMPENSATION AND SCHEDULE
Design Services for
Channel Condition Assessment
City Project No.
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $49,950 as
summarized in Exhibit "B-3" 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
II. Schedule
S ee Section 6.0 of Attachment A.
I. Method of Payment
Design Services for
Channel Condition Assessment
City Project No.
P artial 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:
U ntil satisfactory completion of Conceptual Engineering plan submittal and approval by
the City a sum not to exceed 30 percent of the total lump sum fee (less surveying and
bidding/construction phase services).
U ntil satisfactory completion of Preliminary Construction Plan submittal and approval by
the City, a sum not to exceed 60 percent of the total lump sum fee (less previous
payments, surveying and bidding/construction phase services).
U ntil satisfactory completion of Final Construction plan submittal and approval by the
City a sum not to exceed 90 percent of the total lump sum fee (less previous payments,
surveying and bidding/construction phase services).
EXHIBIT "B-1"
METHOD OF PAYMENT
(Supplement to Attachment B)
The balance of the earnings (less previous payments, surveying and
bidding/construction phase services) shall be payable when the project is advertised
Surveying and Bidding/Construction services shall be paid after services are rendered.
II. Progress Reports
A. The ENGINEER shall submit to the designated representative of the Director of
the Department of Transportation and Public Works monthly progress reports
covering all phases of design in the format required by the City.
EXHIBIT "B-3"
(Supplement to Attachment B)
Design Services for
Channel Condition Assessment
City Project No.
2010 Standard Hourly Rate Schedule
Employee Classification Rate/Hour (Range)
Principal Engineer $ 200/ hour
Technical Advisor $ 200/ hour
Project Manager / Planner $ 190/ hour
Senior Engineer $ 150 / hour
Designer / CAD Operator $ 70 / hour
Reproduction work will be at current commercial rate.
Design Services for
Channel Condition Assessment
City Project No.
SUMMARY OF TOTAL PROJECT FEES
Consulting Firm Prime Responsibility Amount
P rime Consultant:
Michael Baker Jr., Channel Assessment &
Inc. Concept Plan
P roposed M/WBE
S ub -Consultants
$25,790 52
Amount
EJES, Inc. CAD/Drafting $3,990 8
EXHIBIT ' B-3"
(Supplement to Attachment B)
Non-M/WBE
Consultants:
Amount
Dodson & Associates Channel Assessment &
Concept Plan
$20,170 40
Project Description Scope of Services
Channel Condition Assessments- Concept Plans
City M/WBE Goal = 8 %
Total Fee MWBE Fee
$49,950 $3,990
Percent
8%
EXHIBIT "B-4"
ENGINEERING SERVICES — TASK/HOUR BREAKDOWN
(Supplement to Attachment B)
SEE ATTACHED
Channel Condition Assessment
City of Fort Worth
Cost Proposal
City of Fort Worth
Channel Condition Assessment
Fort Worth, Tarrant County, Texas
Hourly Labor Rate
LABOR COSTS
Task No DESCRIPTION
Principal
$200.00
Technical
Advisor
$200.00
Project
Manager
$190.00
Senior
Engineer
$150.00
Cadd
Tech
$70.00
Total
Task
Hours
LABOR
COST ($)
DIRECT
COST ($)
Subtotal
per Task
Percent of Total
Fee
Channel Condition Assessment
1.1
Data Collection and Review
20
3,400.00
1.2
Site visit
1.3 Threat Identificaton
0
12
12
48
24
50
4,080.00
7.600.00
l.4
Alternatives Analyses
8
8
32
48
7,920.00
50.00
20.00
6.8%
8.2%
15.2%
15.9%
Subtotal
Deliverables
1
Draft Channel Condition Assessmemt Memo
2.2
Draft Concept Plan
2.3
Final Channel Condition Assessmemt Memo
2.4
Final Concept Plan
2.5
GIS database
Subtotal
Project Manangement and Coordination
12
20
112
144
23,000.00
70.00
23,070.00
46.0%
2
2
33
37
5,730.00
11.5%
2
2
25
29
4,530.00
50.00
9.1%
2
20
22
3,380.00
6.8%
2
15
17
2,630.00
50.00
5.3%
6
6
900.00
1.8%
0
4
8
99
0
111
17,170.00
100.00
17,270.00
34.4%
3.1
Coordination and Meetings
4
15
19
3,650.00
3.2
Project Reporting, Management and Invoicing
8
10
1,920.00
50.00
7.3%
3.8%
Subtotal
MW/SBE Subcontractor
23
29
5,570.00
50.00
5,620.00
11.2%
4.1
CAD supprot
57 57 3,990.00
8.0%
Subtotal
57 57 3,990.00
0.00
3,990.00 8.0%
Labor Hours
16
51
211
57
341
49,730
TOTAL COST
220
49,950
$49,950.00
Prepared byTN
Page 1
August 11, 2010
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Channel Condition Assessment
City Project No.
Attachment C, Article IV, Section K (2), I revised to read:
Upon the request of City, Consultant shall provide complete copies of all insurance
policies required by these Agreement documents
Rev 02-10-09