HomeMy WebLinkAboutContract 45816 CITY SECRUARY
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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY"), and Dunham Engineering, Inc., authorized to do business in
Texas, (the "ENGINEER"), for a PROJECT generally described as: Meadowbrook
Elevated Storage Tank Rehabilitation Project,
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article 11
Compensation
A. The ENGINEER's compensation shall be in the amount of $147,500.00 as
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 1, the final payment of
any balance will be due within 30 days of receipt of the ' vices
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(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 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 CB '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 or 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.
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(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 oft 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.
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 CI '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 or 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
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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.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules fort 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
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matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed, The ENGINEER is not responsible for
any errors or omissions in the information from others that is incorporated
into the record drawings.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity Ordinance No.
20020-12-2011, as amended, the City has goals for the participation of
minority business enterprises and/or small business enterprises in City
contracts, Engineer acknowledges the MBE and SBE goals established for
this contract and its accepted written commitment to MBE and SBE
participation, Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this Agreement and debarment from participating
in City contracts for a period of time of not less than three (3) years.,
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this 'contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records oft 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
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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 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, prod ucts/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
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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.
(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.
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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 (1 0) 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.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CI 's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments,
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement..
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m. Sub consultants and subcontractors /oft 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 for 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 tot changes in the permitting authorities'
published design criteria and/or practice standards criteria which are
published after the to 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
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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
CI '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,
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D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
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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.
(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 ENGINESR,
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 perforrnance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault oft 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 fort 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 ENGINEERS work product;
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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 CrTY., In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY
against liability for any damage caused by or resulting from an act of
negligence, intentional tort, intellectual property infringement, or
failure to pay a subcontractor or supplier committed by the ENGINEER
or ENGINEER's agent, consultant under contract, or another entity
over which the ENGINEER exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different
theories of recovery, including breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of action, except for
willful misconduct or gross negligence for limitations of liability and sole
negligence for indemnification. Parties mean the CITY and the ENGINEER,
and their offi cers, employees, agents, and subcontractors.
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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. Severabillity 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 unenforceabilfty 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., \A!B:, VI.D., VI.F.,
VI.H., and H. shall survive termination of this AGREEMENT for any cause,
K. Observe and Comply
ENGINEER all at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment.. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees,
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
City of Fort Worth,Texas
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Executed and effective this the day 20
BY: BY:
CITY OF FORT WORTH ENGINEER
Dunham Engineering, Inc.
Fernand® Costa Travis C. Tatum„ P.E.
Assistant City Manager President & CEO
Date:_..... .............. .,, 7/25/201 .. ..
APPROVAL RECOMMENDED:
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Dir , Departm
APPROVED AS TO FORM AND M&C No.:
LEGALITY
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By: L_ �? -
Douglas W. Black
Assistant City Attorney
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j city of Fart Worth,Texas Standard Agreement far Engineering Related Design Services PMO Official Relerase Clete:1/28/2013
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DETDUNHAM ENGINEERING, INC.
www.DunhamEngineerino.com Texas Registration Number: F-2253
D U N H AM 12815 FM 2154,Suite 150,College Station,TX 77845 Phone:(979)690-6555 Fax:(979)690-7034
ENGINEERING
Inspection. Design. Results.
Attachment A
Scope of Services
Meadowbrook Elevated Storage Tank Repair& Repainting Project
PHASE I—PRELIMINARY
ENGINEER will attend a pre job meeting at CITY'S office prior to start of work.
ENGINEER will perform a professional evaluation of the 2.OMG Meadowbrook Elevated
Storage Tank in accordance with AW WA M42, TCEQ Chapter 290, and the scope of work
outlined in the CITY's RFQ and the ENGINEER'S SOQ. The tank inspection will require
approximately 4 hours, and any required draining of the tank will be closely coordinated with the
City. 20% of Phase I work to be performed by Garza-Bury.
The professional inspection and evaluation will include the following:
• Visual inspection of interior and exterior surfaces of tank and support structure.
• Inspection of site, field survey, and preliminary drainage design (Garza-Bury).
• Prepare a topographic survey, which will be used to complete the design of the
site and grading plan. The topographic survey will be based on an on-the-ground
survey and will be produced at a one-foot interval.
• Perform an on-the-ground boundary survey of the tank parcel consisting of one
ownership deed. This survey will be conducted in accordance with the standards
and conditions set forth for a Category 1 B, Condition II, Standard Land Survey in
the State of Texas prepared by the Texas Society of Professional Surveyors, 2006
revised eleventh edition. The results of the survey will be incorporated into the
engineering plans (a separate boundary map will not be created).
• As an ADDITIONAL SERVICE, a tree survey can be performed.
• As an ADDITIONAL SERVICE, easement survey and acquisition services can be
provided.
• Perform ultrasonic thickness testing on selected interior and exterior surfaces as needed
to determine extent of corrosion damage.
• Perform adhesion testing on the exterior coatings per ASTM 3359.
• Collect coating samples and test for lead and other heavy metals.
• Provide written report with pictures of interior and exterior surfaces.
• Provide completed TCEQ Potable Water Storage Tank Inspection Form.
• Maintain a copy of the inspection form on file for five(5) years as required by TCEQ.
• Provide preliminary scope of work with schedule estimate and opinion of probable cost.
• Report to be signed and sealed by a Texas Professional Engineer.
Phase I to be completed within 45 days of Notice to Proceed (NTP).
Page 1 of 3
PHASE 11—DESIGN,ADVERTISEMENT& AWARD
ENGINEER will meet with the CITY to discuss the findings of the evaluation and discuss best
value options to rehabilitate the tank.
The ENGINEER agrees to prepare the design,produce engineering plans and specifications,
prepare the contract documents, advertise for bids to selected contractors and recommend award
of a lump sum construction contract to complete the PROJECT for the CITY.Design services
shall include:
• Selection of appropriate protective coating systems and surface preparation standards.
• Design of all required structural details, including design of additional access platforms,
walkways and handrails.
• Design,of any upgrades/iniprovernents needed to meet current TCEQ and OSHA
Regulations, including hatches,vents and overflow pipe modification.
• Final site and grading plan including drainage design (Garza-Bury).
• Design of appropriate containment system to ensure hazardous materials are contained
and/or public nuisance is prevented,
• Coordinate closely with the CITY to ensure communications equipment is removed,
relocated or protected during the PROJECT(Garrza-Bury).
• Coordinate relocation of power lines as needed(Garza-Bury).
The ENGINEER agrees to provide a draft set of contract do'curnents to the CITY for review and
approval no later than 30 days after completion of Phase I and receiving NTP for PHASE II.
The ENGINEER agrees to finalize the documents and advertise the PROJECT to selected
contractors for bids within 30 days after receipt of CI 's comments and approval.Project bid
date is typically set for 30 days after final plans are complete and ready to advertise for bids.
The CITY agrees to advertise in the newspaper of record as required by State procurement
requirements.
The ENGINEER.agrees to attend a pre-bid meeting and pre-bid site visit, answer questions from
bidders,respond to Is and prepare addenda as needed,
The ENGINEER agrees to assist the CITY in opening and reviewing bids and recommending a
contractor for award.
15%of Phase II or to be perforryied.by Garza-Bnry.
PHASE III- CONSTRUCTION ENGINEERING& MONITORING (CEM)
The ENGINEER agrees to periodically inspect the contractor during the construction period to
ensure contract compliance. Inspections will be performed periodically(Garza-Bury)and at
specified hold-points(DEI)to provide excellent quality assurance at a reasonable price. Typical
Page 2 of 3
hold-points for this type of project are identified below:
• All welding and structural repairs completed prior to painting.
• Reinforcement and forms properly installed prior to placing concrete
• Containment erection completed.
• Surface contaminants removed (if required).
• Blast profile obtained and degree of blast completed
• Prime coat completed.
• Stripe coat completed.
• Intermediate coat completed.
• Finish coat completed.
• Holiday detection test of interior completed.
• Cure test of interior completed.
The ENGINEER agrees to process Contractor progress payments and recommend payment by
the CITY.
The ENGINEER agrees to prepare and process Contract Change Orders as required during the
course of the construction contract and respond to RFIs.
The ENGINEER agrees to attend periodic construction progress meetings to update the CITY as
to quality, budget and schedule performance.
The ENGINEER agrees to conduct a final inspection of the PROJECT and to recommend final
payment for the CONTRACTOR when the PROJECT is completed.
The ENGINEER agrees to schedule and conduct a one year warranty inspection of the
PROJECT prior to the end of the warranty period and to coordinate completion of any required
warranty repairs.
15%of Phase III work to be performed by Garza-Bury.
Page 3 of 3
DUNHAM ENGINEERING, INC.
E)ET
www.DunhamEngineering.com Texas Registration Number: F-2253
D U N H AM 12815 FM 2154, Suite 150,College Station,TX 77845 Phone: (979)690-6555 Fax:(979)690-7034
ENGINEERING
Inspection. Design. Results.
Attachment B
Compensation
Meadowbrook Elevated Storage Tank Repair & Repainting Project
Based on a preliminary $1,300,000 construction budget(assumes no lead abatement required),
and a 150 day construction schedule, fees for the scope of services in Attachment A are outlined
below. Fees include all costs associated with travel, labor, insurance, tools and equipment.
➢ Phase I—Preliminary
• 22% of Phase I fee to be paid to Garza-Bury
• Lump sum fee of$30,000 -partial payments due as follows:
0 50% due when Field Inspection complete.
0 50% due when Report of Inspection provided to CITY
➢ Phase II —Design, Advertisement& Award
• 16% of Phase II fee to be paid to Garza-Bury
• Lump sum fee of$70,000
0 25% due when Draft Documents provided to the City
0 25% due when Final Documents provided to the City
0 25% after completion of Pre-Bid Meeting and any required responses.
o 25% due when Contractor recommended for award
➢ Phase III —Construction Engineering & Monitoring (CEM)
• 20% of Phase III fee to be paid to Garza-Bury.
• Lump sum fee of$47,500
o 25%when Contractor mobilizes
0 25% when Contractor is 50% complete
0 25% when Contractor is 75% complete
0 25% when Contractor is substantially complete
Total Engineering Fees: $147,500
Engineering Fees as percent of estimated construction cost: 11.3%
Percent MlSBE Participation: 18.5%
Page 1 of 1
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Meadowbrook Elevated Tank Rehabilitation
City Project No. 19888
No changes or amendments made to standard agreement
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of 1
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A` CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDd
7
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/29/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONS71TUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER aO CT Tennifer S °tYt
Siegeler Insurance envy (n 542-8449 FAX (9,9)542-0469
172 West Austin Street E°MAIL
A RE :7s @siegins.
INSURER S AFF NAIL 9 Giddings TX 789423294 INSURERA:State AutaIIL® Ins 5135
INSURED INSURER B Admiral Ins. Co.
Dunham Engineering, Inc. INSURER C
12815 FM 2154 Stem 150 INSURER D:
INSURER E
College Station TX 77845 INSURER F:
COVERAGES CERTIFICATE NUMBER:14-15 All policies REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN Y HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE D L UBR POLICY EFF POLICY EXP
TR POLICY NUMBER WDDlYY'Y)o JN&22NYYY1 LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
X COMMERCIAL GENERAL LIABILITY f3TkMTkGE
MI E R occ rrenc $ 300,000
A CLAIMS-MADE L.:r'-q OCCUR BOP2802198 /1/2014 /1/2015 MED EXP(Any one person) $ 10,()00
PERSONAL&ADV INJURY $ 2,000,000
.... GENERAL AGGREGATE $.... 4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS°COMP/OP AGG $ 4,000,000
X POLICY PRO- LOC $
AUTOMOBILE LIABILITY GEO BMEeD SINGLE LIMIT 1 000 000
A X ANY AUTO BODILY INJURY(Per son) $
ALL OWNED SCHEDULED BAP2404239 /1/2014 /1/2015 BODILY INJURY(Perawident) $
ALTOS AUTOS
HIRED AUTOS NON-OWNED PROPERTY DAMAGE $
AUTOS Per accident
PIP-Basic $ 5 000
UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000
A 7 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000
DED RETENTION$ XF2125183 /1/2014 /1/2015 $
WORKERS COMPENSATION WfC STATU.. OTH-
AND EMPLOYERS'LIABILITY Y A N
ANY PROPRIETOR/PARTNER/EXECUTIVE 0 E.L.EACH ACCIDENT $ 1 000 000
OFFICER/MEMBER EXCLUDED? NIA CP222E5F>0 !1/2014 /1/2015
(Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1_,O 0 0 000
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B Professional Liability 0000023929°-01 0/17/201310/17/2014 Each"Clairn" 1,000,000
Aggregate 3,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS,t VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It more space Is required)
Meadowbrook EST Rehabilitation Project
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
M T. Siegeler/AG x°
ACORD 25(2010105) C>1958-2010 ACORD CORPORATION. All rights reserved.
INS025 oninnsn m Tha Ar ewn nnma and lnnn,ra ranictarari mnirke of arnRn
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWoR m
COUNCIL ACTION: Approved on 7/22/2014
REFERENCE ,,, 60MEADOWBROOK ELEVATED
DATE: 7/22/2014 NO.: C-26876 LOG NAME: TANK REHAB- DUNHAM ENG
CODE: C TYPE: CONSENT PUBLIC NO
NO
SUBJECT: Authorize Execution of an Engineering Agreement with Dunham Engineering, Inc., in the
Amount of$147,500.00 for the Meadowbrook Elevated Storage Tank Rehabilitation
Project Located at 4601 Bridge Street (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Engineering Agreement with
Dunham Engineering, Inc., in the amount of$147,500.00 for the Meadowbrook Elevated Storage
Tank Rehabilitation Project located at 4601 Bridge Street.
DISCUSSION:
The two million gallon Meadowbrook elevated storage tank was constructed in 1959 and last
rehabilitated in 2001. This elevated tank provides potable water storage and fire protection for areas
in east Fort Worth. The existing coating system is in need of replacement as required to protect the
structural steel from corrosion.
On March 6, 2014, a Request for Proposals (RFP) was issued for several Water Department projects,
including potable elevated storage tank rehabilitation projects. On April 9, 2014, a total of five
proposals were received from engineering consultants for the elevated storage tank rehabilitation
projects. A Staff consultant selection committee recommended Dunham Engineering, Inc., for the
Meadowbrook elevated storage tank rehabilitation project.
As part of the work, Dunham Engineering, Inc., will test the existing coatings for heavy metals and
perform a structural inspection of the tank. A preliminary design report recommending existing
coating removal and disposal methods, structural repairs, and proposed coating system will be
prepared. Upon approval of this design report, the engineer will prepare plans, specifications and
cost estimates, provide bidding assistance, and perform the construction management and on-site
inspection for the rehabilitation project.
M/WBE Office- Dunham Engineering, Inc., is in compliance with the City's BDE Ordinance by
committing to 18 percent SBE participation. The City's goal on this project is 12 percent.
The project is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Water Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P253 531200 604180232980 $147,500.00
Submitted for City Manager's Office by: Fernando Costa (6122)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19888&councildate=7/22/2014 7/28/2014
M&C Review Page 2 of 2
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Chris Harder(8293)
ATTACHMENTS
60Meadowbrook Elevated Tank Rehab Dunham Eng map.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=19888&councildate=7/22/2014 7/28/2014