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Res 097-2007 6/19/2007 . , RESOLUTION NO. I � ( RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AN AGREEMENT WITH AMEC ENVIRONMENTAL FOR THE COMPLETION OF A CONCEPT DESIGN FOR THE POLICE DEPARTMENT FIRING RANGE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Wichita Falls Police Department firing range is in need of improvements; and WHEREAS, the City of Wichita Falls released a Request For Proposafs for design-build services to construct a firing range; and WHEREAS, AMEC Environmental has been selected to complete a Concept Design for this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The attached agreement with AMEC Environmental is hereby approved. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the day of 19' day of June, 2007. MAYOR ATTEST: . � . C erk •� ' � �a I 4 J .. � STATE OF TEXAS 1( COUNTY OF WICHtTA )( This contract, made and entered into as of the s day of ,��Q.� by and between the City of Wichita Falls, Wichita County, Te as, unicipal Corporation in the State of Texas, (hereinafter called "CITY") and the firm of AMEC Earth & Environmental, Inc. (hereinafter called "CONSULTANT"). WITNESSETH: WHEREAS, the City of Wichita Falls proposes to accomplish certain improvements in a project known as Concept Design for a Police Firing Range; and, WHEREAS, the firm of AMEC Earth & Environmental is acceptable to the CITY and is willing to enter into a contract to perForm CONSULTANT services required by the CITY. Now, THEREFORE, it is agreed as follows: Section 1 The general scope of the project is to complete a 30% conceptual design package for a Police Firing Range in Wchita Falls, Texas to include refurbishment of one 50 yard range and expansion to a 100 yard tactical range, two new 25 yard tactical firing ranges, a support building, and simulated munitions facility. The CITY hereby retains the CONSULTANT for all CONSULTANT services required in connection with the said proposed project. The services performed by the CONSULTANT in connection with proposed improvements shall be as follows: INITIAL CONCEPT PLANNING / DESIGN - During the Initial Phase of services CONSULTANT will perForm the following scope of work related to this project: ■ Facilitate and attend Operational Planning Meetings (OPMs) and design Charrette (Focus Meetings) • Review / Integrate Site Survey (Site Survey by the CITY) � Perform a preliminary Geotechnical Investigation ■ PerForm a preliminary Environmental Evaluation ■ Prepare three Preliminary Conceptual Design (15%) packages with drawings, sketches, and narrative for the design / build construction of the range complex. The first package will illustrate a range complex commensurate with the City's project budget of $2 million. The second and i . , third will differing in price and alternatives sufficient for the city to consider expansion. ■ Expand the one 15% design selected by des Wi men (30%) (Final Concept Design). The final 9 confirmatory / focused studies. nce tual Designs will be submitted within twelve w�ee o�unity to h ev ew and Co p followed with a period where the CITY wdl have pp discuss the initial designs internally. CONSULTA oal , of this g and review meeting in conjunction with this submittal. The g P eriod will be to maintain active, design participation from the CITY and open channels of communication befin►een the CI s a e in o po ated early �n the team. This process will insure desired change p reliminary design phase. CITY concurrences of of select tasks a�e desc�ibed in are important to path-forward actions. Speci ics subsequent sections. O erational Plannin Meetin s— CONSULTANT har ette he CITY�whe e � lanning meeting (C ) the first will be a kick-off / p initial concepts and ideas are discussed. This I�e s � n f a W welb y as design Charrette where additional stakeho e resentatives of the primary end-users (Police Department) to examine and rp confirm facility requirements, budget cons tte nt CONSULTANT r will e conduct the potential options. To support the Charre , following activities in supp ort of the facility's design: ■ Determine a mutually-agreed upon timeline for the delivery of the services discussed in this agreement ■ Determine existing conditions and plan for future conditions affecting the training facility design ■ Obtain necessary dimensional, utility, physical, and functional data Review existing site drawings and determine any relevant existing • conditions not available on existing site drawings ■ Interview end-use Customers, as necessary, to obtain detailed functional training requirements • Obtain from the CITY any anticipated permit requirements CONSULTANT will provide the CITY with a paper copy plus a digital version of a summary letter detailing the results of the OPM n�cha�rr�atte hese e ements g days after completie conce des gn deta led in subsequent sections. requirements into th p ro riatel scaled, Site Survev - It is understood, ther C'ONSULTANT use fopexecution of the current, site topographic survey fo preliminary design. Prelimina Geotechnical Investi ation - C�W S e� a luat on W of s te specific preliminary geOtechnical investigation to all• 2 . t parameters that may affect project design. The limited focus of a geotechnical services investigation will be to: ■ Provide relevant parameters for preliminary structural design � Provide relevant in-place soil properties for on-site sewage treatment ■ Provide general comments and recommendations relative to earthwork design and construction activity including: grading plan development, suitability of fill materials, compaction control, and construction quality requirements Prelimina Environmental Evaluation - During this phase, a preliminary evaluation of legacy environmental issues associated with past training activities and other potential environmental concerns will be conducted. This information is deemed critical to developing material handling / construction plans to potentially include recycle / reuse of lead / and handling existing lead impacted soils during construction of the new facility. Specific tasks anticipated include: ■ Site visit to evaluate existing physical conditions ■ Soil sample collection to support treatability testing ■ Brief treatability testing to evaluate potential lead removal / stabilization techniques including: • Dry sifting ■ Soil washing / density separation � Stabilization, singularly, or in combination with dry sifting / soil washing ■ Incorporation of findings into a brief summary report Initial studies are meant as a screening tool only to support design considerations. Should significant environmental issues be identified, additional studies may be necessary which are not included in the proposed scope. Preliminarv Conceptual Desiqn !15%) — Using data collected during the above tasks, three 15% designs will be generated for the CITY to review and comment to insure end-user needs are being accurately addressed. This submittal is a critical step in development of LTANT has developed t hi spoint The 15 / communicate design ideas CONSU designs will include: ■ A brief design analysis report ■ A cost estimate for three complexes, itemized to include the various components (e.g. range layout, bullet containment system, and targetry) ■ Conceptual drawings of the three complex, including range layout, bullet containment system, and stationary targetry locations The preliminary report will include: • A progress report of work accomplished to date including status of: ■ Site survey ■ Geotechnical investigation • Relevant findings with regard to regulatory requirements ■ Other issues arisen with regard to these items 3 � A discussion of design features, considerations, and recommendations developed to this point Schematic Desiqn (30%) (Final Concept �e CITY to b Waken to a 30% gn. 15% designs, one shall be selected by t This deliverable will be provided within twelve weeks of the 15% review meeting. A 30% design analysis will include: ■ Revised construction cost opinions for the range complex ■ Conceptual drawing of the range complex The final project deliverables (30% design) will include: ■ One set of half-size drawings ■ One copy of any specifications or cut sheets ■ One copy of the design analysis / feasibility report ■ One copy of the construction cost opinion ■ At completion of 30% design, CONSULTANT will hold a final project meeting to present construction cost estimates and establish the schedule, scope, costs and contractual options available for the next phase(s) CONSULTANT's Project Manager will provi ne henC��TM w II be egularly for the duration of the project. In this fashio , and informed as to the progress of this proj nsu e�COnduct oNa smoothsefFcien reporting to be an essential component to e timely, and well-coordinated process. Reports will inctude: Summary of work accomplished during reporting period ■ Contract funds expended during reporting period ■ Problems encountered ■ Proposed solution to problems � Schedule of activities planned for next reporting period Monthly status reports will be submitted no later than the 10th of each month unless otherwise specified by the CITY. Section 2 — Other Provisions . Section 2.1 - The CITY shall make available to CONSULTANT esent nd information and documents under its control regarding past, p proposed conditions of the site. Information a a soil and geo ogic plot plans, topographic surveys, hydrologic d p data including borings, field or laboratory testn newWnfoemation that becomes shall immediately transmit to CONSULTANT a y available or any change in plans. The CITY shall also ensure uninterrupted site access for CONSULTANT throughout performance of this Agreement. The CITY 4 _ l does not warrant or guarantee the information (surveys, soil data, etc.) that they provide. Section 2.2 - Unless otherwise stated in the Proposal, the CITY shall apply for and obtain all required permits and licenses and shall make all necessary arrangements for right of entry to provide CONSULTANT access to the site for all equipment and personnel at no charge to CONSULTANT. The CITY shall also provide CONSULTANT with the location of all underground utilities and structures in the exploration area. Section 2.3 - In the performance of professional services, CONSULTANT will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same or similar localities. No warranties, expressed or implied, is made or intended by this Agreement or by furnishing oral or written reports of the findings. CONSULTANT is to be liable only for damage proximately caused by negligence of the CONSULTANT. The CITY recognizes subsurFace conditions may vary from those encountered at the location where borings, surveys or explorations are made by CONSULTANT and that the data, interpretations and recommendation of CONSULTANT are based solely on the information available CONSULTANT will not be responsible for the interpretation by others of the information developed. ` Section 2.4 - CONSULTANT will maintain insurance for this Agreement in the following types: 1) worker's compensation insurance at statutorily required levels, 2) comprehensive general liability (CGL) insurance and 3) automotive insurance. Section 3 Ownership of Documents All documents including the original drawings, estimates, specifications, field notes and data, will remain the property of the CITY. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY's sole risk and without liability or legal exposure to CONSULTANT. Section 4 CITY's Riqht to Withhold Pavment The CITY has the right to withhold payment to CONSULTANT for services rendered. CITY may only withhold payment after the following two steps: . CITY rnust notify CONSULTANT in writing of any perceived failures or defects in work product or inability to meet critical deadlines. Written notice shall be specific as to either the term or condition of this agreement that is not satisfied and/o� been metpin that e the CITY shall ndicate particular task that has no his/her intention to withhold payment . Upon receipt of CITY's correspondence, CONSULTANT has 10 business days to respond in writing to the specific claims s .' - .� If the CONSULTANT does not satisfy the CITY with respect to deficiencies in work product and/or causes for delays in the schedule, the C�TY has the right to continue to withhold payment until the CITY is satisfied with the CONSULTANT's response and planned activity to correct performance. Section 5 - Termination A. Right of Either Party to Terminate This Agreement may be terminated by either party for substantial failure by the other party to perform (through no fault of the terminating party) in accordance with the terms of this Agreement. This agreement may also be terminated if the CITY elects, for whatever reason, not to continue the proposed project. The terminating party must issue a signed, written notice of termination (citing this paragraph) to the other party which shall take effect on the tenth day following receipt of said notice. B. Procedures CONSULTANT shall follow upon Receipt of Notice of Termination if issued by the CITY. Upon receipt of a notice of termination and prior to the effective date of the termination, the CONSULTANT shall, unless the notice otherwise directs, immediately begin to phase-out and discontinue all service in connection with the performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after receipt of the notice of termination, the CONSULTANT shall submit a statement, showing in detail the services performed under this Agreement prior to the effective date of termination plus a reasonable period after the date of notice to allow for completion of works in progress and demobilization. Copies of afl completed or partially �ompleted specifications and reproducibles of all completed or partially completed design and plans prepared under this Agreement prior to the effective date of termination shall be delivered to the CITY as a pre-condition to final payment. These documents shall be subject to the restrictions and conditions set forth in . section 4 above. Upon the above conditions being met, the CITY shall promptly pay the CONSULTANT that proportion of the prescribed fee which the services 6 actually performed under this Agreement bear to the total services called for under this Agreement, less previous payment of the fee. Failure by the CONSULTANT to comply with the submittal of the statement and documents as required above shall constitute a waiver by the CONSULTANT of any and all rights or claims to collect monies that CONSULTANT may rightfully be entitled to for services performed under this Agreement. Section 6 CONSULTANTs Warrantv The CONSULTANT warrants that they de em loyee woeking solely for the company or person other than a bona p CONSULTANT, to solicit or secure this c c{raa � o� a t heed to pay any company purpose of soliciting or securing this contra p 9 or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resutt�ne CITY shall ha e�the akght to this contract. For breach of this warranty, terminate this contract under the provisions of section 5 above. Section 7 E ual Emplo ment OpportunitvlMinori*;� Rasiness Enterprise The CONSULTANT agrees not to engage in employmen foe employment; the effect of discriminating against any emptoyee or I cants are employed and and, will take affirmative steps to ensure that app ' employees are treated during employment without regard to their race, color, religion, national origin, sex, age, handicap, or political belief or affiliation. Section 8- Assi nment or Transfer of Interest The CONSULTANT shall not assign or transfer his interest in the contract without the written consent of the CITY. � - . � Section 9 - Indemnification CONSULTANT shall and does hereby agree to indemnify and hold harmless the CITY from any and all damages, loss or liability of any kind, whatsoever, by reason of injury to third persons occasioned by any negligent act, error, or omission of CONSULTANT, its officers, agents, employees or other persons for whom CONSULTANT is legally ��{o � the n erforma ce �of f th s Agreement; professional services with regard p CONSULTANT will at its cost and expense defend and protect the CITY against any and all such claims and demands. Section 10 - Severabilitv If for any reason, any one or more paragraphs of this contract are held invalid, such judgment shall not affect, impair or invalidate the remaining paragraphs of the contract but shall be confined in its operations to the specific section, sentences, clauses or parts of this contract held invalid and invalidity of any section, sentence, clause or parts of this contract in any one or more instance shalf not affect or prejudice in any way the validity of this contract in any other instance. Section 11 - Estimates of Cost Since the CONSULTANT has no control over the cost of labor, materials or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable project or construction cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry but the CONSULTANT cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. Section 12 - Entire Aqreement This Agreement represents the entire and integrated Agreement between the CITY and CONSULTANT and supersedes all prior negotiations, representations, or agreements either oral or writt�he CITY and CONSULTANTam2nded only by written instrument signed by both s IN WITNESS WHEREOF, the City of Wichita Falls has lawfully caused these presents to be executed by the hand of the City Manager of said CITY, and the corporate seal of said CITY to be hereunto affixed and this instrument to be attested by the City Clerk, and the said � O�NSU�LTANT, acting by the hadoes , thereunto au now sign, execute and deliver this document. DONE at Wchita Falls, Texas, on this day of , A.D., 20 BY: u � � N ��� Official Title Corporation Secretary CITY OF WICHITA FALLS BY: City Manager ATTEST BY: 9 + { EXHIBIT 1 COMPENSATION FOR PROFESSIONAL SERVICES Section 1- Basis for Compensation 1.1 The base fee for all services defined by this contract SHALL NOT EXCEED $122,990.00 and shall be in accordance with the hourly rates illustrated in Attachment A entitled, "CONSULTANT Task Summary." Section 2- Method of Payments 2.1 Payment will be made in monthly installments in accordance with Attachment A "CONSULTANT Task Summary." Section 3 — Additional Payments 3.1 CONSULTANT shall not provide any supplemental service without the prior written consent and approval of the CITY regarding scope of work and fees. Providing approved supplemental services shall entitle CONSULTANT to an adjustment in compensation, schedule and reimbursable expenses on a mutually agreeable basis. tt AMEC Earth & Environmental, Inc. . � ,.. AMEC Task Summa Labor Other Direct Field ODC's 8 Travel 8 Subcontractors G&A Proflt TOTAL Phase I Hours Amount Costs Equipment Per Diem on Non-Labor PRICE 010o Program/Project Management 1oa St1,452 So $0 So $o $o $o 511,452 020o Kickoff/Planning 2a $3,546 $o $o $2,7z5 $1,500 $317 $454 S8,5a2 0300 Prepare 15% Package 432 $47,937 $480 $0 $0 $10,000 $786 $1,127 560,330 0400 15% Review Meeting 16 51,990 $o $o 51,451 $1,500 $221 $317 55,479 0500 Prepare 30% package 160 $16,659 $320 $0 $0 $D $24 $34 517,238 0600 30% Review Meeting 16 $1,990 $0 $o $1,451 $1,500 $221 $317 55,479 070o Prepare Report 50 $5,550 $320 SO $0 SO $24 $34 S5,928 0800 Final Meetin 24 53,546 $o $0 $2,725 $1,500 $317 $454 58,542 TOTAL AMEC PRICE 826 $92,871 51,120 $0 58,351 $16,000 $1,910 $2,738 $122,990 BOND $� G&A SO GRAND TOTAL 5122,990 This page includes competitive rete information ihat shall not be duplicated, used or disclosed outside the Government for any purpose other Man proposal evaluation.