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HomeMy WebLinkAboutItem 07 - Sewage Lift Stationsi� MEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: ITEM0 � 7 NNOMMIroft HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER JULY 17, 2001 ENGINEERING SERVICES CONTRACT, ALAN PLUMMER ASSOCIATES INC. City Council to consider award of an Engineering Services Contract to Alan Plummer Associates, Inc. for design services for rehabilitation of four sewage lift stations in the amount of $185,659.00, authorize the City Manager as signatory, and take any necessary action. FUNDING SOURCE: Funds are available in the Utility PCMF as follows: Wastewater Permanent Capital Maintenance Fund 200-43370-534-0 $185,659.00 BACKGROUND: The Engineering Services Contract is to provide design services for rehabilitation of four sewage lift stations. The stations included in this contract are the oldest in the system and have begun to present operational problems. The City maintains sixteen sewage lift stations. The stations are as follows: 1. Kimball Road lift station 2. Lakeview lift station 3. Dove Road #1 lift station 4. Golf Course lift station Each of the stations was constructed in the 1970s and has reached its design life. The pumps and motor control centers are in need of replacement and the wet wells have experienced substantial corrosion. July 10, 2001 (4:33PM) Staff recommends award of an Engineering Services Contract to Alan Plummer Associates Inc. in the amount of $185,659.00. MS/ms 0:\agenda\071701 \ap.agm M July 2, 2001 (2:27PM) THE STATE OF TEXAS CONTRACT COUNTY OF TARRANT Date: June 26, 2001 THIS CONTRACT is made and entered into by and between the CITY OF GRAPEVINE, a Texas municipal corporation, hereinafter referred to as "City", and Alan Plummer Associates, Inc., a Texas professional corporation, whose local address is 7524 Mosier View Court, Suite 200, Fort Worth, Texas 76118-7110, hereinafter referred to as "Engineer". The terms of this Contract shall be administered on behalf of the City by its Director of Public Works or his designated representative, hereinafter referred to as "Director'. The decision of the City Council in all disputes shall be final and binding. WITNESSETH: The City hereby contracts for the services of Engineer to prepare construction plans, details, specifications and special provisions for Improvements to Four Lift Stations in the City of Grapevine, Tarrant County, Texas in accordance with the terms of this contract. I FIELD SURVEY WORK In accordance with guidelines established by the City of Grapevine Department of Public Works, Engineer agrees to perform, or have performed, the field work necessary to establish existing and horizontal and vertical control; locate existing features, utilities and topography as more particularly described below. E L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc nkrt�a$�' 11 CONCEPTUAL/PRELIMINARY DESIGN A. CONCEPTUAL PHASE Immediately after receiving Notice to Proceed, the Engineer shall submit for approval by the City, a breakdown of the primary items of work with each item shown as a percentage of the total phase. A schedule will be prepared and updated monthly with a bar graph attached. Engineer agrees to prepare Conceptual Plans for improvements to the Dove 1 lift station, the Lakeview lift station, the Kimball lift station, and the golf course lift station for review by City staff, City Council and other affected parties, prior to commencement of Preliminary Design, as more particularly described below: 1. Dove 1 Lift Station a. Review system hydraulic information as provided by the City. Meet with City personnel to discuss hydraulic performance of the pumps. b. Evaluate improvements needed to convert the drywell/wetwell configuration to a totally wetweil configuration with submersible pumps. C. Evaluate the construction of a wall to isolate one of the three pumps to facilitate construction sequencing during construction of the improvements. d. Evaluate the need for construction easements for the improvements. e. Evaluate improvements to the station for odorcontrol. Consider the use of a power ventilator passing air through a bioscrubber or packaged filter system. f. Evaluate electrical switch gear improvements. 2. Lakeview Lift Station a. Review system hydraulic information as provided by the City. Meetwith City personnel to discuss hydraulic performance of the pumps. b. Evaluate improvements needed to convert the drywell/wetwell configuration to a totally wetwell configuration with submersible pumps. C. Evaluate the use of the bypass connection on the force main for use during construction to facilitate the improvements. d. Evaluate the need for construction easements for the improvements. e. Evaluate electrical switch gear improvements. f. Evaluate improvements to the station odor control. Evaluate an alternative other than adding chemicals to the wastewater. 2 L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc 3. Kimball Lift Station a. Review system hydraulic information as provided by the City. Meet with City personnel to discuss hydraulic performance of the pumps. Conduct hydraulic modeling for the force main system at the Kimball Lift Station. Modeling will include proposed new lift station to the new service area. b. Evaluate improvements needed to convert the drywell/wetwell configuration to a totally wetwell configuration with submersible pumps. C. Evaluate the use of the bypass connection on the force main for use during construction to facilitate the improvements. d. Evaluate the need for construction easements for the improvements. e. Evaluate electrical switch gear improvements. 4. Golf Course Lift Station a. Review system hydraulic information as provided by the City. Meet with City personnel to discuss hydraulic performance of the pumps. b. Evaluate the use of a packaged submersible lift station to replace the existing air lift pump station. C. Evaluate construction sequencing of the station. d. Evaluate the need for construction easements for the improvements. e. Evaluate electrical switch gear improvements. BASIC SERVICES: 2A.1 Proiect Standards and Criteria: Develop and confirm appropriate project design and drafting standards and criteria between those promulgated by the City and other entities having jurisdiction. The City will provide system hydraulics to assist the Engineer in the design. The City will provide required pump capacities for each pump. 2A.2 Project Inventory: Compile existing data of record concerning all physical elements which will affect the design process. 2A.3 Site Conditions Analysis: Review previous studies of the corridor and the existing conditions to formulate a "laundry list" of problems and their potential solutions to be addressed in the design process. 3 L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc 2A.4 Conceptual Plan: Prepare a conceptual plan to convert the Dove 1, Lakeview and the Kimball lift stations from a wet/pit dry/pit configuration to submersible pump lift stations. Replace the Golf Course lift station with a packaged submersible lift station. 2A.5 Concept Plan Selection: Submit six (6) copies of the information identified in the conceptual plan for the City's review. Meet with City staff to identify the improvements will be further developed in the Preliminary Design. SPECIAL SERVICES: 2A.6 Project Inventory: Certain field survey tasks can be accomplished during the concept phase of the project to expedite the overall schedule and support concept options. B. PRELIMINARY DESIGN Engineer agrees to develop a Preliminary Design based on the Conceptual Plan for review by City staff, City Council and other affected parties, prior to commencement of Final Design, as more particularly described below. BASIC SERVICES: 2B.1 Mapping & Surveys Survey of each lift station site. 2B.2 Preliminary Design Prepare preliminary plan sheet at a scale of 1" = 50' for the site improvements. 2B.3 Utility Relocation Plan Not part of this project. 4 L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc 2B.4 Watershed Impact Analysis Not part of this project. 213.5 Quality Assurance/Quality Control Conduct QC workshop utilizing senior staff members. QC workshop is to be held to review the draft Preliminary Design Report which; will consist of technical memorandums on each lift station to be improved and receive OWNER comments. Six (6) copies of the draft Preliminary Design Report will be distributed to the City and will be reviewed during a QC workshop. QC comments will be addressed and the Final Report completed. A recommended improvements, schedule, and opinion of probable construction cost will be included in the Final Report. 213.6 Cost Estimates and Bidding Analysis See 213.5 Quality Assurance/Quality Control. 213.7 Plan Coordination The preliminary plans will be reviewed with City staff. Six (6) copies of the final Preliminary Design Report will be delivered to the City. SPECIAL SERVICES: 213.8 Mapping & Surveys Topographic Surveys: Provide topographic survey for the design of the 8 -inch waterline near the Golf Course Lift Station. The waterline will replace the existing waterline located on the golf cart bridge. The survey is not to exceed 500 linear feet, including locating existing utilities and structures. 19 L:\Projects\562\0300\PM\Contracts\Enginee(ing Contract.doc 111 NNO " FINAL DESIGN/PLAN PREPARATION Engineer agrees to prepare final construction plans, details, specifications, bidding documents and special provisions as required for the improvements to the four lift stations based on the preliminary design as reviewed and approved by City staff, City Council and other affected parties, as more particularly described below: 1. Prepare detailed plans, specifications, contract documents, designs and layouts of improvements to be constructed, generally as described in the technical memos discussed above. Preparation of equipment preselection documents or bid documents for more than one construction project will be an Additional Service. 2. Advise the OWNER with respect to the making of all subsurface investigations, including borings, test pits, soil resistivity surveys, and other subsurface explorations; however, the making of such investigations and the interpretations of data and reports by special consultants are not a part of the services to be rendered by the ENGINEER, and the cost therefore shall be paid by the OWNER. The ENGINEER shall monitor the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, factory testing, etc., for the project, but the cost of such laboratory tests or inspection shall be paid by the OWNER. 3. Furnish the OWNER, when requested, the engineering data necessary for OWNER's submittal of applications for routine permits required by local, state and federal authorities. Preparation of detailed applications and supporting documents for government grants or loans, site specific 404 permits, storm water permits, or environmental and/or archeological surveys will be provided as Additional Services, if required. 4. Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required. 5. Provide updated opinions of cost for budget purposes and prepare final opinion of probable construction cost, and bidder's proposal forms (project quantities) for the improvements to be constructed. 6. Facilities to be designed shall be as listed in the preliminary design report which generally consist of: a. Removing existing drywell/wetwell pumps and configuring for wetwell submersible pumps, including improvements needed to make the drywell a part of the wetwell capacity. b. Replacing the same number of pumps at each lift station. C. Modifications to the discharge piping. d. Modifications to the electrical system including a new switch gear and a connection for portable generator hook-up. e. Modifications to the odor control system at Dove 1 Lift Station. f. Modifications to the drywell top slab for new access doors. 6 L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc 9. A package submersible lift station to replace the air lift pump station at the Golf Course. h. The existing SCADA system will be reused and revised to accommodate new 1/0 points. 7. Prepare Technical Specifications and Bid Documents. BASIC SERVICES: 3.1 Construction Plans Construction Plans shall consist of detailed plans, plan/profile sheets, designs and layouts of improvements to be constructed. After approval of the final design by OWNER, any revision to accommodate modifications as instructed by the OWNER, will be an Additional Service. 3.2 Right -Of -Way Documents Prepare construction easements as part of Special Services. 3,3 Bidding Documents, Specifications Bidding Documents, Specifications and Special Provisions of Contract including Engineers Final Opinion of Probable Construction Cost, Quantity Takeoffs and Construction Schedule, Submittals required for final submission: 4 Sets of Bluelines (22" x 34") of complete construction plans 6 Sets of Specification and Proposal Book 4 Sets of Half Scale complete construction plans 1 Set of the entire construction plans on standard CD, preferably, or 31/2" (1.44 mb) Floppy Disks utilizing the *.DWG format for use with AutoCAD Release 14. 3.4 Master Utilities Plans and Profile See Special Services 3.5 Quality Assurance/Quality Control Conduct QC workshop utilizing senior staff members. QC workshop is to be held at approximately 75 percent milestone of the Detailed Design. For the construction project, M L:\Projects\562\0300\PM\Contracts\Enginee(ing Contract.doc furnish the OWNER six (6) sets of copies of plans, specifications, and bid proposals marked 1 ,;, "Preliminary" for approval by the OWNER for each QC workshop. 3.6 Coordination/Submittal Milestones See 3.5 Quality Assurance/Quality Control. 3.7 Permits and Approvals Basic Services will include all necessary coordination of the final design with the City, Utility companies and affected property owners. All applications for permits to allow crossings of the State Highways and Railroads will be included. Also included is notification to the Corp of Engineers of work falling under general permits. Preparation of detailed applications and supporting documents for site specific 404 permits, storm water permits or environmental and/or archeological surveys will be provided as Additional Services, if required. Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required. SPECIAL SERVICES: 3.8 if required, any soil investigations and construction easements. 3.9 Master Utilities Plan and Profile Not part of this project. 0 L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc IV CONSTRUCTION A. ADVERTISE, BID AND AWARD (Construction Phase Services) BASIC SERVICES: 4A.1 Advertise and Coordinate Bid Process Preparation of materials for advertisement of the project for bidding, organization and execution of a pre-bid conference, distribution of addenda and response to bidders inquiries. Assist the City in securing bids, issuing notice to bidders and notifying construction news publications. The notice to bidders will be furnished to the City for publication in the local news media. The cost for publications shall be paid by the City. The Engineer will distribute bidding documents. The cost for reproducing and distributing 40 sets of bidding documents is included in the basic services. The income from the sale of the documents will be used to offset the cost. Providing additional contract documents will be an Additional Service. 4A.2 Receive Tabulate and Evaluate Bids Make a recommendation to the City for award of a construction contract. 4A.3 Construction Plans Provide the City with one reproducible copy of the construction plans for the City's use during the construction phase. B. CONSTRUCTION (Construction Phase Services) BASIC SERVICES: 4B.1 Construction Administration The Engineer will provide general administration services during construction which will include the following: Make periodic visits to the site (as distinguished from the continuous services of a resident Project Representative) to observe the progress and quality of the executed work to determine, in general, if the work is proceeding in accordance with the Contract Documents. 9 L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc Prepare a report for each site visit to note progress and conditions observed. Attend up to 6 monthly or periodic progress meetings as requested by the City to provide technical a consultation and responses to requests for information by the contractor. Prepare report for each progress meeting. Consult and advise with the City, issue instructions to the contractor requested by the City, and prepare and issue routine change orders with City's approval. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill test of material, equipment and other data which the contractor submits only as required by construction contact documents. Obtain and review monthly and final estimates for payments to contractors and furnish to the City any recommended payments to contractors. Assemble written guarantees which are required by the Contract Documents. 413.2 Construction Staking Not part of this project. 413.3 Final Inspection The Engineer will conduct, in company with the City, a final inspection of the Project for compliance with the Contract Documents, and submit recommendations concerning the City's acceptance of the Project and final payment to the Contractors. 413.4 Record Drawings The Engineer will prepare Record Drawings reflecting the final field conditions and any changes to the construction plans required during the construction of the project. The Engineer shall use information from the contractor, the City Inspector, and the Engineer's staff to develop these Record Drawings. The Record Drawings shall be submitted to the City Staff as follows: 1 Set of Reproducible Mylars (22" x 34") identified as Record Drawings with an effective date. �G L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc Set of the entire construction plans on standard CID, preferably, or 3y2"(1.44 mb) Floppy Disks utilizing the *.DWG format for use with AutoCAD Release 14. Record Drawings shall be delivered to the City within 60 calendar days of the Final Acceptance of the project. V TIME FOR COMPLETION Engineer agrees to complete and submit all work required by City under FIELD SURVEY WORK and CONCEPTUAL/PRELIMINARY DESIGN within 70 calendar days from the date of the written authorization by director or his designee to proceed immediately following execution of the contract. FINAL DESIGN/PLAN PREPARATION and all other work for design required under the contract documents will be completed within 120 days calendar days from the date of written authorization to commence said work by the Director or his designee after review and return of the preliminary plans, provided however that either time -frame may be extended or suspended due to delays in the right-of-way acquisition, reviews by agencies or franchised utilities or other such matters beyond the control of City or Engineer, with the mutual written consent of both parties. VI COMPENSATION: SPECIAL SERVICES, BASIC, AND TOTAL ENGINEERING FEE A. BASIC ENGINEERING SERVICES FEE 6A.1 The BASIC ENGINEERING SERVICES FEE (Items 2A1 -5,2.B.1 -7,3.1-7,4.A.1-3, and 4.13.1-4) shall provide compensation for all design work, drafting work, computations, and all other work required for the design of this project, including Concept and Preliminary Phases and Final Design/Plan Preparation and Construction Phases Services, except that work described under Section VI.B.6, below. 11 L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc 6A.2 The basis for compensation shall be Lump Sum. The total maximum BASIC ENGINEERING SERVICES FEE shall be One Hundred Forty Three Thousand Five Hundred Seventy Nine Dollars and No Cents. ($143,579.00). 6A.3 BASIC ENGINEERING SERVICES FEE shall be paid as follows: (a) Upon furnishing satisfactory evidence of progress to City, Engineer shall receive up to twenty (20) percent of the maximum BASIC ENGINEERING SERVICES FEE, as shown in Section V.A.6.2 above, per month. The first monthly partial payment may be requested by Engineer thirty (30) calendar days after the date of execution of the Contract, and then monthly thereafter. Should the Engineer furnish satisfactory evidence to the Director of Public Works that his progress exceeds twenty percent (20%) of the total Engineering effort, as defined by this Contract, the partial payment may be increased to a higher percentage at the discretion of the Director of Public Works. In no case shall the sum of the partial payments exceed Eighty-five percent (85%) of the maximum BASIC ENGINEERING SERVICES FEE. The remaining fifteen percent (15%) of BASIC ENGINEERING SERVICES FEE shall be paid as part of Basic Construction Phase services incrementally as work progresses. (b) City reserves the right to delay, without penalty, any partial payment, when in the opinion of the Director, Engineer has not made satisfactory progress on this design of this project. 6AA No items of work shall be included in the Basic Engineering Services Fee for compensation except those items described in Section II., CONCEPTUAL/PRELIMINARY DESIGN, Section Ill., FINAL DESIGN/PLAN PREPARATION, and Section IV CONSTRUCTION of this Contract. L:\Projects\562\0300\PM\Contracts\Enginee(ing Contract.doc B. SPECIAL SERVICES FEE 613.1 The SPECIAL SERVICES FEE (items 2.A.6,2.8.8,3.8, and 3.9) shall provide compensation to engineer for FIELD SURVEY WORK as needed for initial establishment of control lines, centerlines, elevations, location of underground utilities, and other field surveys necessary for the design of this project including preparation of documents for proposed construction easement acquisition and for soil investigations (if soil investigations are required under Section 1.). Also, non -salary expenses shall be paid under said SPECIAL SERVICES FEE for reproduction costs, computer services, communication charges and pre -authorized delivery charges as required for proper execution of the design of all Phases of this project. 68.2 The basis for compensation for the above shall be hourly service rates (See Exhibit "A"). In no event shall the maximum SPECIAL SERVICES FEE exceed Forty Two Thousand Eighty Dollars and No Cents ($42,080.00) regardless for the amount of work required. 613.3 Payment for Special Services shall be on the basis of actual progress, invoiced monthly to the City. 613.4 For the purpose of budgeting, the separate major elements of Special Services are estimated as follows: Lift Station Surveys $2,500 Waterline Survey $ 750 Preparation of Construction Easements Documents $1,500 Soil Investigation $1,800 Electrical Engineering $26,950 Direct Expenses (See Below) $8,580 Total $42,080 13 L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc a EXPENSES ITEM DESCRIPTION AMOUNT Mileage $380 Travel Postage/Fax $350 Telephone $250 Computer $4,900 Outside Reproduction $1,800 Copies $900 TOTAL DIRECT EXPENSES $8,580 613.5 No items of work will be included in the SPECIAL SERVICES FEE for compensationexcept those items described in Section 1, FIELD SURVEY WORK; Section 11, CONCEPTUAL/PRELIMINARY DESIGN; Section III, FINAL DESIGN/PLAN PREPARATION; Section IV, CONSTRUCTION; and Section VI, SPECIAL SERVICES FEES of this contract. C. TOTAL ENGINEERING FEE The TOTAL ENGINEERING FEE shall be the sum of the SPECIAL SERVICES FEE and the BASIC ENGINEERING SERVICES FEE. The TOTAL ENGINEERING FEE for this Contract shall not exceed One Hundred Eight Five Thousand Six Hundred Fifty Nine Dollars and No Cents ($185,659.00). VII OWNERSHIP OF DOCUMENTS Upon acceptance and approval by City of Section I I I: FINAL DESIGN/PLAN PREPARATION, mylar record copies of original tracings, cross sections, preliminary plans, special provisions, field notes, and any other related documents or items shall become the sole property of the City of Grapevine and shall be delivered to City, without restriction on future use. Engineer may make copies of any and all plans, cross sections, field notes, and related documents for his files. L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc im Vill ENGINEER'S LIABILITY 8.1 After acceptance of the final plans and special provisions by City, Engineer agrees, prior to and during the construction of this project, to perform such engineering services as may be required by City to correct errors or omissions on the original plans prepared by Engineer and to change the original design as required by such errors or omissions at no additional compensation. 8.2 Redesign occasioned for the convenience of the City shall be at additional compensation br Engineer. Any additional compensation shall be as negotiated between Engineer and City and agreed upon in a separate or supplemental contract after authorization by of the City Council. 8.3 Acceptance and approval of the final plans by the City shall not constitute nor be deemed a release of this responsibility and liability of Engineer, its employees, associates, agents, subcontractors and consultants for the accuracy and competency of their Designs, Working Drawings and Specifications, or other Documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in the Designs, Working Drawings and Specifications or other Documents prepared by engineer, its employees, associates, subcontractors, agents and consultants. 8.4 Engineer agrees to defend, indemnify and hold City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses including attorney's fees and collection costs for personal injury (including death, property damage or other harm for which recovery of damages is sought that may arise out of or be occasioned by the intentional or negligent breach of any of the terms or provisions of this Contract by Engineer, its officers, agents, associates, employees or subconsultants), or by any other negligent act or omission of Engineer, its officers, agents, associates, employees or subconsultants, in the performance of this Contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the Engineer and City, responsibility, if any, shall be apportioned 15 L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. KI INSURANCE Engineer, at Engineer's sole cost, shall purchase and maintain the following minimum insurance during the term of this Contract: 9.1 Worker's Compensation and Employers' Liability. This insurance shall protect the Engineer and his subcontractors against all claims under applicable state workers' compensation laws. The insured shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provision of a workers' compensation law. This policy shall include an all -states endorsement. The liability limits shall not be less than: Workers' Compensation Employers' Liability Statutory $500,000 9.2 Comprehensive General Liability This insurance shall bean occurrence type policy written in comprehensive form and shall protect the engineer and his subcontractors and the additional insureds against all claims arising from bodily injury sickness, disease or death of any person other than the Engineer's employees or damage to property of the City of Grapevine or others arising out of the act or omission of the engineer or his subcortractor or their agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual personal injury liability coverage, a (protective liability) endorsement to insure the contractual liability, broad form property coverage, xcu, premises/operations, and independent contractors. Bodily Injury Property Damage L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc 16 per occurrence aggregate 9.3 This insurance shall be written in the comprehensive form and shall protect the provider, the Engineer and his subcontractors and the additional insured against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on and off the site of all motor vehicles licensed for highway use, whether they are owned, non -owned, or hired. The liability shall not be less than: Property Damage $ 1,000,000 Combined Single Limit 9.4 Professional Liability coverage of not less than $1,000,000.00 single limit. The Engineer shall maintain coverage for at period of no less than two (2) years from the date of project completion. 9.5 The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates evidencing such minimum coverage in force to be filed with the City. Such certificates shall provide that City shall receive 30 days prior written notice of any cancellation, change or reduction in coverage. rA CONTRACT TERMINATION In connection with the work outlined in this Contract, it is agreed that the Director may cancel or indefinitely suspend further work by written notice to Engineer with the understanding that immediately upon receipt of said notice all work and labor being performed underthis contract shall cease immediately. Before the end of a thirty (30) day period following such notice, Engineer shall invoice the City for all work completed and shall be compensated in accordance with the terms of this Contract for all work accomplished by Engineer prior to the receipt of said notice, and approved by Director. No payment shall be made by City to Engineer for lost or anticipated profits. All plans, field surveys, maps, cross sections and other data related to the project shall become the property of City upon termination of this Contract. Nothing herein shall deprive City of its right to terminate this Contract for breach of same by Engineer and City retains its right to any and all remedies it may 17 LAProjects\562\0 300\P WCon tracts\Engineering Contract.doc have, at law or at equity, to strictly enforce the terms of this Contract, included, but not limited to, its right to seek specific performance of the terms hereof. In case of any default by Engineer, City shall notify Engineer in writing of same. If Engineer does not remedy the default within ten (10) days of said notice, City may terminate this Contract for cause and/or pursue any legal remedy it may have against Engineer. XI APPLICABLE LAW AND VENUE This Contract is entered into subject to the Charter and Ordinances of the City.of Grapevine, as amended and applicable Federal and Texas State laws. The provisions of this Contract shall be construed in accordance with the laws and court decisions of Tarrant County and the State of Texas; and exclusive venue for any litigation which may be filed by either party hereto in connection with this Contract shall be in Tarrant County, Texas. M. ASSIGNMENT l This Contract shall be deemed personal to Engineer and in no event shall be sublet or assigned without written approval of City. XIII RIGHT OF REVIEW; INDEPENDENT CONTRACTOR Engineer agrees that City may review any and all work performed by Engineer on this project. The relationship of Engineer to City is that of Independent Contractor. XIV NONDISCRIMINATION As a condition of this Contract, Engineer covenants that he will take all necessary actions to insure that, in connection with any work under this Contract, Engineer, his associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups on the grounds of race, color, religion, national origin, age, sex, or handicap unrelated to job performance, either 18 L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc directly, indirectly, or through contractual or other arrangements. In this regard, Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the City, upon request, for purposes of evaluating compliance with the and other provisions of the Contract. XV FINANCIAL INTEREST PROHIBITED Engineer covenants and represents that Engineer, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. M urelffl+ a The Engineer shall maintain, and the City shall have the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred in the performance of this Contract. Such right of examination shall include inspection at all reasonable times of the Engineer's offices or facilities, or such parts thereof, as may be engaged in the performance of this Contract. 19 L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc EM NOTICES All written notices and correspondence given to City by Engineer shall be mailed or delivered to the City of Grapevine, Director of Public Works, 200 S. Main Street, Grapevine, Texas 76099. All written notices and correspondence from City to Engineer shall be mailed or delivered to the Engineer as follows: Alan R. Tucker, P.E. Alan Plummer Associates, Inc. 7524 Mosier View Court, Suite 200 Fort Worth, Texas 76118-7110 EXECUTED this the day of , 19 , the CITY OF GRAPEVINE signing by and through the City Manager, adopted by City Council on ; and , signing by and through its , has caused this instrument to be executed by its duly authorized officials. CITY OF GRAPEVINE ALAN PLUMMER ASSOCIATES, INC. By. By:oz City Manager 4Viceresident Roger Nelson James L. Altstaetter, P.E. APPROVED BY CITY COUNCIL ON RE L:\Projects\562\0300\PM\Contracts\Engineering Contract.doc EXHIBIT A ALANPLQ&8K8ER ASSOCIATES, INC. HOURLY FEE SCHEDULE 2001 AMultiplier of1jSwill be applied toall direct expenses. Range ofBilling Rates/Hour A,1 Receptionist $ 2810 - $ 43.00 A-2 Secretary $ 33.00 - $ 48.00 A-3 Project Secretary $ 52.00 - $ 64D0 A'4 Executive Secretary Q 62.08 - $ 73.00 C-1 Cad Operator $ 32.00 - $ 4680 C'2 Senior Cad Operator 8 51.00 - $ 63.08 C'3 CadOperator/Demignur $ 84.00 - $ 76.00 C-4 Cad Supervisor $ 72.00 ' $ 82.00 E/5-1 Engineer/Scientist 1 $ 50.00 - $ 52.00 E/8-2 Engineer/Scientist 2 $ 61.00 - $ 70.00 E/8-3 Engineer/Scientist 3 $ 60.00 - $ 81.00 E/S-4 PnojectEngineerSoienUet $ 83.00 - $ 93.00 E}S-5 Senior Project Engineer/Scientist $ 91D0 - $105.00 E/S-O Project Manager $ 86.00 - $121.00 E}S-7 Senior Project Manager $119.00 ' $136.00 E/3-8 Principal $128.00 - Q191.00 AMultiplier of1jSwill be applied toall direct expenses.