HomeMy WebLinkAboutContract 42654CITY SECRETARY
CONTRACT NO. 416
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality
(the "CITY "), and Pacheco Koch Consulting Engineers, Inc, authorized to do business in
Texas, (the "ENGINEER "), for a PROJECT generally described as: Robin - Denver Strom
Drain Reconstruction Project.
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 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
7 days' written notice to CITY, suspend services under this AGREEMENT until
City of Fort Worth, Texas — —"
Standard Agreement for Engineering Related Design Ser\Aces
PMO Official Release Date 7 22 2011 OFFICIAL R E C O tt D
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Ci i Y �,_C,RETARY
FT ViORTH, 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.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and /or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Worth, Texas
Standard Agreement for Engineenng Related Design Services
PMO Official Release Date 7 22 2011
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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
current available information at the time of preparation, in accordance with
Attachment A.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
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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.
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.
Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, as amended, 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 accepted written commitment to
M/WBE participation. Any misrepresentation of facts (other than a negligent
City of Fort Worth, Texas
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PMO Official Release Date 7 22 2011
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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.
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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PMO Official Release Date. 7 22.2011
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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 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
Standard Agreement for Engineering Related Design Seroces
PMO Official Release Date 7 22 2011
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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. 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.
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.
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
City of Fort Worth, Texas
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PMO Official Release Date 7 22.2011
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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.
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.
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
City of Fort Worth, Texas
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PMO Official Release Date 7 22 2011
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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.
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date. 7 222011
Page 9 of 14
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.
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
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(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre- existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
City of Fort Worth, Texas
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PMO Official Release Date 7 22 2011
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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' 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
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
Page 12 of 14
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.
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 7 22.2011
Page 13 of 14
A
001
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B — Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
uted and effective this the i2 day of , 2011.
o �
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oPUF ST: CITY OF FORT WORTH
1000
S= o0
ROV)c,-1 &10 . Gonw.(ACS Fernando Costa
Assi City Secretary Assistant City Manager
APPROVED O FORM AND LEGALITY APPROVAL RECOMMENDED
By: By:
Douglas W. Black Douglas . Wiersig
Assistant City Attorney Directo , Transportation/PuX Works
Department
M &C No.: u l A" Pacheco Ko ineers, Inc
M &C Date:
By:
Mark A. Pache o, PE, RPLS
President
City of Fort Worth. Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 7 22.2011
Page 14 of 14
OFFICIAL RIPCORD;
C,'T'Y ` LCRETARY
FT. V40RTH, TX
ATTACHMENT "A"
Scope for Engineering Design Related Services for Storm Water Improvements Projects
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
The objective of the project is to analyze the fill placed on the project site and develop
recommendations for measures that can be adopted to mitigate the potential for flooding
after remedial work is completed by the City's contractor.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design / Technical Memorandum
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
• Coordinate with the geotechnical engineer assigned by the City in the development of
viable recommendations.
• Perform site visits as required to coordinate the project.
ASSUMPTIONS
• Four (4) site visits will be conducted.
City of Fort Worth, Texas
Attachment A
PMO Release Date 06/21/2010
Page 1 of 22
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
TASK 2. CONCEPTUAL DESIGN / TECHNICAL MEMORANDUM
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop,
communicate through the defined deliverables, and recommend the design concept that
successfully addresses the design problem, and to obtain the CITY's endorsement of this
concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
In addition to data obtained from the CITY, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the
project. ENGINEER will also identify and seek to obtain data for existing
conditions that may impact the project including; utilities, 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.
2.2. Drainage Computations
ENGINEER will delineate the watershed based on contour data and field
verification and document existing street, right -of -way and storm drain capacities
for the subject site. A drainage area map will be drawn at maximum 1" = 200'
scale from available 2 -foot contour data with the countours labeled. Data source
and year will be provided by the CITY. Calculations regarding street and right -of-
way capacities and design discharges (5 -year and 100 -year frequencies) at
selected critical locations will be provided. Capacities of existing storm drain will
be calculated and shown. 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.
2.3. The Conceptual Design Package shall include the following:
• Written summary of alternative design concepts considered, strengths and
weaknesses of each, and the rationale for selecting the recommended design
concept.
Drainage area map with supporting drainage computations in the CITY's
standard tabular format.
City of Fort Worth. Texas
Attachment A
PMO Release Date. 06/21/2010
Page 2 of 3
• Horizontal alignment (excluding profiles) of proposed storm water improvements,
including existing lot layout, streets, street right -of -way, proposed easements,
and existing utilities gathered during the SUE within the project limits.
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth
Storm Water Management Design Manual, March 2006.
• Four (4) copies of the conceptual design package (technical memorandum) will
be delivered. Drawings will behalf size (11" x 17 ").
DELIVERABLES
A. Technical memorandum.
Additional Services not included in the existing Scope of Services — 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:
• Negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and /or budget.
• Services related to disputes over pre - qualification, bid protests, bid rejection
and re- bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
City of Fort Worth, Texas
Attachment A
PMO Release Date. 06/21/2010
Page 3 of 3
ATTACHMENT B
COMPENSATION
Design Services for
Robin Denver Storm Drain Reconstruction Project
City Project No. 00086
Time and Materials with Multiplier Project
I. Compensation
A. The ENGINEER shall be compensated for personnel time, non -labor expenses,
and subcontract expenses in performing services enumerated in Attachment A
as follows:
Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by Direct Salaries
multiplied by a factor of 3.25.
Direct Salaries are the amount of wages or salaries paid ENGINEER's
employees for work directly performed on the PROJECT, exclusive of all payroll -
related taxes, payments, premiums, and benefits.
ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non - labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall
be reimbursed at cost to ENGINEER plus a markup of ten percent (10 %).
iv. Budgets. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that end so
that the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may
be adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by
the City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date 5 19 2010
Page t of 4
M
ATTACHMENT B
COMPENSATION
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B -1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date 5 19.2010
Page 2 of 4
M
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm
Primary Responsibility
Fee Amount
M/WBE %
Prime Consultant
Pacheco Koch
General Consultation
$9,973.50
100%
Proposed M/WBE Sub - Consultants
Non -M/WBE Consultants
TOTAL
$
100%
Project Number & Name
Total Fee
M/WBE Fee
M/WBE %
Robin Denver Storm Drain
Reconstruction (Project No. 00086)
$ 9,973.50
$
0 %
City M/WBE Goal = 0% Consultant Committed Goal = 0 %
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5. 19.2010
Page 3 of 4
B -3
Pacheco Koch Consulting Engine
8000 Western Place, Suite 625 16000 Western Place, Suite 625
Fort Worth, TX 76107 Fort Worth, TX 76107
CFW Project Manager
Consultant's Project Manager. Brian O'Nw, PE, CFM
Consultants email: bonWICIpku.9wn
Name of Project: Robin Denver Storm Drain Reconstruction
Project
Total Labor
Subcontract Service
Subcontractor Subtotal
10 Percent Markup on Subcontract Services
Nonla or Ex ens
Nonlabor Expense Subtotal
0.0
Total Expenses (Subcontract Services +Markup +Nonlabor Expenses)
Invoice
Consultant Project No.
Proj. Invoice No.
Invoice date:
Period From Date 9129/2011
To Date
City Secretary Contract #:
P.O. Number:
Amount
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
t tt
$0.00
$0.00
TOTAL DUE THIS INVOICE $0.00
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Robin Denver Storm Drain Reconstruction Project
City Project No. 00086
None
City of Fort Worth. Texas
Attachment C
PMO Release Date: 05 19 2010
Page I of I
ATTACHMENT "D"
PROJECT SCHEDULE
Design Services for
Robin Denver Storm Drain Reconstruction Project
City Project No. 00086
The ENGINEER recognizes that time is of the essence, and it will utilize all the
necessary resources to fulfill all work described in the AGREEMENT. Even though there
is not an assigned Contract Time, the City expects the Engineer to have a sense of
urgency to complete the Work in a timely manner.
City of Fort Worth, Texas
Attachment C
PMO Release Date- 05.19 2010
Page I of I
ATTACHMENT E
DESIGN SERVICES FOR
ROBIN DENVER STORM DRAIN RECONSTRUCTION PROJECT
CITY PROJECT NO.: 00086
NW 20th St
NW 20th St
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PROJECT LOCATION
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NOT TO SCALE
Mapsco: 61M & R, 62 J & N
Council District: 2
To the Mayor and Members of the City Council October 4, 2011
Page 1 of 1
fit!
SUBJECT: EMERGENCY PROCUREMENT — ROBIN DENVER PROJECT
The purpose of this Informal Report is to notify City Council that City staff has initiated an
emergency procurement to mitigate a dangerous situation created by a contractor working on a
City stormwater capital project. A ratification M &C on this action will be presented to City Council
in the near future.
On August 25, 2011 the City's Code Compliance Department received a call from the St.
Demetrios Greek Orthodox Church (the Church) located at 2020 NW 21St St. (CD 2) reporting that
large pieces of concrete had rolled down the hillside at the rear of their property and into their
parking lot. The responding Code officer determined that the material was from an improper
dump site behind three residences on Terrace Avenue, uphill from the Church. Based upon
discussion with the owners of two of the residential properties it was determined that the fill was
being placed on their property, with their consent, by Laughley Bridge and Construction Inc.
Contractors ( Laughley). Laughley is the prime contractor for a City of Fort Worth stormwater
capital project in the near vicinity of the improper fill site. It is believed at this time that much of
the material placed behind these residences is spoil material from the nearby stormwater project.
City staff has taken the following actions: ordered Laughley to cease and desist from the dumping
activity; notified Laughley's surety and demanded immediate action to remove the fill; engaged a
geo- technical engineer to evaluate the site; and placed concrete barriers at the toe of the slope to
protect the Church property. Based on the report of the geo- technical engineer the City
determined that the till presented an urgent risk to health and safety and, so, action to remove the
fill needed to be initiated as quickly as possible. Neither Laughley nor their surety presented a
plan for removal of the fill, therefore, City staff engaged Mario Sinacola Bros. contractors
(Sinacola) to remove the fill and notified Laughley's surety that the City was taking action to
mitigate the health and safety issue and would be demanding remuneration for all costs
associated with this work through Laughley and /or their surety.
The fill removal activity is currently underway and is expected to be completed in mid -late
October. Staff is working with Sinacola to establish the final terms of the effort. Once those
terms are finalized an M &C will be developed and presented to City Council recommending
ratification of the emergency procurement action.
Questions on this matter can be directed to Greg Simmons, Assistant Director, TPW at X7862.
Tom Higgi
Interim City Manager
ISSUED BY THE CITY MANAGER FORT WORTH. TEXAS