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Contract 46458
CITY SECRETARYcowma mo. 04o 4 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 Kleinfelder, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Holly Water Treatment Plant Vehicle Maintenance Facility. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $36,400.00 as set forth in Attachment A. Article III Terms of Payment Payments to the ENGINEER will be made as follows: m A. Invoice and Payment c� m 2 (1) The Engineer shall provide the City sufficient documentation, including but o not limited to meeting the requirements set forth in Attachment D to this -r, 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 final invoice. City of Fort Worth,Texas Standard Agreement for Engineering Related D ign Services—Kleinfelder—Hol F Revised Date:9/24/2014 Page 1 of 18 OFFICIAL RECOR� CITY SECRETARY FT.WORTH,TX (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 CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be Furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Wath,Texas Standard Agreement for Engineering Related Deslgn Services--Klelnfelder—Holly MVF Revised Date:9/24/2014 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services—Kleinfelder—Holly MVF Revised Dale:9/2412014 Page 3 of 16 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 I 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 for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services-Kleinfelder-Holly MVF Revised Date:9124120114 Page 4 of 16 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 of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to-the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services—Kleinfelder—Holly MVF Revised Date:912412014 Page 5 of 16 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, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services—Kleinfelder—Holly MVF Revised Date:9/2412014 Page 6 of W 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. City of Fort Wash,Texas Standard Agreement for Engineering Related Design Services—Kleinfelder—Holly MVF Revised Date:9/24/2014 Page 7 of 16 d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services—Kleinfelder—Holly MVF Revised Date:0/24/2014 Page 8 of 16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services--Klemfelder—Holly MVF Revised Date:912412Dt4 Page 9 of 16 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services, The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth,Texas Standard Agreement for Engineering Retailed Deslgn Services—Ktelnfelder—Holly MVF Revised Date:gt2412014 Page 10 of 16 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services—Kleinfelder—Holly MVF Revised Date:9/24/2014 Page 11 of 16 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 ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT, If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services—Kfelnfelder—Holiy MVF Revised Date,0/2412014 Page 12 of 16 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 of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Englneering Related Design Services—Kleinfelder—Holy MVF Revised Date:9/24/2014 Page 13 of 16 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for-the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engmeedng Related Design Services—Kleinfelder—Holly MVF Revised Date:9/24/2014 Page 14 of 16 I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services—Kleinfelder—Holly MVF Revised Date:9/24/2014 Page 15 of 16 1�- Executed and effective this the 2-U day of , 2015. BY: BY: CITY OF FORT WORTH ENGINEER Kleinfelder, Inc. , tr<are Law�r -' Femando Costa David Boes Assistant City Manager Operations Manager Date: 4124 I Date: APPROVAL RECOMMENDED: By: ,`,eV Douglas W iersig, P.E., Directo TransportatIdn and Public Works APPROVED AS TO FORM AND LEGALITY M&C No.:Not Required a By: ' M&C Date: Gran rdan Assistant City Attorney Q70 ATTEST: 1� $ V $ X °"t)OOO0000�°° Vary J. K y XA`3 City Secr a City of Fort Worth,Texas Revised DaAgreement 4oj�Engineering Related Design Services—weinfelder—Holly MVF OFFICIAL RECORD Page 18 of 18 G1TY SECRETARY FT.WORTH,TX KLE/NFELOEf� Bright People,Right Solutions. t✓ January 15, 2015 Proposal No.: MG151023.001 P Mr. Ronald Clements, AIA City of Fort Worth Transportation and Public Works Department 401 West 131h Street Fort Worth, Texas 76102 Subject: Proposal for Geotechnical Study Holly Water Treatment Plant Vehicle Maintenance Facility Fort Worth, Texas Dear Mr. Clements: We are pleased to submit this proposal for geotechnical engineering services for the proposed Holly Water Treatment Plant vehicle maintenance facility in Fort Worth, Texas. The following sections provide our understanding of the project and scope of services. PROJECT UNDERSTANDING The City of Fort Worth (the City) plans to construct a vehicle maintenance facility buildin� and associated parking lots with concrete pavement near W Broadway Street and 15" Avenue in Fort Worth, Texas. The project site is near the existing Holly Water Treatment Plant and is currently used as a material stock yard for the City. The proposed building will be a one-story building including enclosed office spaces and open air space for vehicle maintenance with a footprint of approximately 50 feet by 200 feet. Type of building structure and structural loads of the building are not available at the time of this proposal. We understand that a portion or the entire site for the proposed development may be within a historical landfill that was closed in 1950s. It is unknown what type of material has been disposed in the landfill. We understand that the final location of the building will be determined after our geotechnical study is complete based on the results of our geotechnical study. Environmental study has not been conducted at this time and will be performed by others. MG151023.001 P/DFW14P11649R1 Page 1 of 7 December 29, 2014 ©2015 Kleinfelder Revision No.1 Dated January 15,2015 7805 Mesquite Bend Drive,Suite 100,Irving,TX 75063 p 1972.868.5900 IF 1972.4099.0008 PURPOSE AND SCOPE OF BASIC SERVICES The purpose of our geotechnical study is to provide design recommendations for building foundations and concrete pavements for the parking lot. To accomplish this purpose, the proposed Scope of Services includes exploring subsurface soil conditions, obtaining physical soil properties by laboratory testing, performing engineering analyses, and providing design recommendations for the building foundations, parking lot pavements, and general earthwork/construction considerations. This study is not i intended to identify the limits of the existing landfill beyond the information obtained at the boring locations. The detailed scope is discussed in detail below. Field Exploration • Coordinate field activities with the City or its field representative for staked boring locations and access. • Locate the proposed borings using a site plan and measurements from existing landmark under the City's supervision; these locations will be recorded in the field using a hand-held GPS device. If a higher level of accuracy is required, the boring locations should be surveyed by others. • Contact Dig-Tess to locate buried utilities within existing easements and right-of- ways. However, the site is within the City's secured property and Dig-Tess may not locate utilities. • Contact the plant personnel to locate and clear underground utilities. • Use a private underground utility locator to identify underground utility lines near the boring locations. • Mobilize a truck-mounted drilling rig to drill a total of 9 borings. Note that final design recommendations assume a minimum of two borings within the building footprint. If the site layout is modified, additional borings and subsequent work may be required to achieve the minimum borings. • Sample the subsurface soil continuously to a depth of 5 feet, and then every 5 feet thereafter; samples will be collected using either a tube sampler or a split spoon sampler in conjunction with the standard penetration test. • Bulk samples from the non-contaminated surficial soils will be collected as a representative material from multiple borings to be used for standard Proctor and laboratory California Bearing Ratio tests. If the surficial soils appear to be contaminated, the Proctor and CBR may not be performed because all contaminated soils should remain on the site. • If shallow rock is encountered then soil samples will be obtained from the surface to the depth the rock is encountered. • Evaluate rock and rock-like materials in-place using the TxDOT cone penetration test. MG151023.001P/DFW14P11649R1 Page 2 of 7 December 29,2014 ®2015 Kleinfelder Revision No.1 Dated January 15,2015 KLEINFELDER 7805 Mesquite Bend Drive,Suite 100, Irving,TX 75063 p 1 972.868.5900 f 1972.409.0008 • Observe for groundwater seepage during drilling and at completion of individual borings. • A gas monitor such as a MultiRAE or equivalent will be installed near the drilling locations to detect release of selected gas that may be a health and safety concern due to the existing landfill. • Backfill boreholes with bentonite/cement slurry pressure grout. • Place soil cuttings in 55-galon barrels, which will be left on site for the City or its representative's further handling. • Drilling equipment will be decontaminated (e.g. pressure wash and steam cleaning)when moving from one boring location to another. The borings will be logged in the field by a Kleinfelder professional. The Kleinfelder professional will also supervise field access and drilling operations in coordination with the plant's field representative. Laboratory Testing Selected laboratory testing will be conducted on samples that are representative of materials obtained during the field exploration. The tests will be used to evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. These tests may include: • Moisture content • Atterberg limits • Percent passing No. 200 sieve • Denver swell • Unconfined Compression • California Bearing Ratio and standard Proctor • Soluble chloride, sulfate, and pH Note that the CBR and standard Proctor may not be performed on contaminated soils. If needed, these tests can be scheduled to be performed later time when the proposed building and parking lot locations are finalized. Kleinfelder will retain soil and/or rock samples for 30 days after submission of the final report. Further storage or transfer of samples can be made at owner expense upon written request. MG151023.001 P/DFW14P11649R1 Page 3 of 7 December 29,2014 m 2015 Kleinfelder Revision No.1 Dated January 15,2015 KLEINFELDER 7805 Mesquite Bend Drive,Suite 100,Irving,TX 75063 p 1972.868.5900 f 1972.409.0008 Engineering Analysis and Report An engineering analysis and evaluation of the field and laboratory data will be performed for the proposed building and parking lot pavement. Information to be provided in the report includes the following items. • Plan of borings to scale illustrating the approximate location of each boring; • A log of each boring indicating the boring number, depth of each stratum, soil classification and description, and groundwater information; • Description of the field exploration and laboratory testing; • Summary of laboratory test results; • Discussion of subsurface soil and groundwater conditions; • General discussion of the site geology; • Geotechnical design recommendations for the building including allowable bearing capacity for footings and drilled shafts options; • Recommendations for foundation improvement alternatives, if needed; • Soil corrosivity based on the results of soluble chloride, sulfate, and pH tests; • Recommended section for the concrete pavement per the City's standards; • General earth work and construction consideration; • One electronic copy of the draft report; • One electronic copy of the final report; and • One meeting or conference call with the client or his representative to discuss the findings of our geotechnical study. INFORMATION/SERVICES PROVIDED BY THE CITY • Designate in writing a person to act as their representative, with respect to the services rendered in this proposal. • Indicate a point of contact at the Holly water treatment plant that can relay safety procedures, grant site access/escort, and indicate location of existing subsurface utilities/structures. • Identify, and mark subsurface utilities/structures that are not located by Texas One Call or other local agencies that could be damaged during the field exploration program. • Provide loading conditions and tolerance for differential movement for structures. • Provide available/estimated traffic, including vehicle types, loads and volumes. MG151023.001 P/DFW14P11649R1 Page 4 of 7 December 29, 2014 ©2015 Kleinfelder Revision No.1 Dated January 15,2015 KLEINFELDER 7805 Mesquite Bend Drive,Suite 100,Irving,TX 75063 p 1 972.868.5900 f 1972.409.0008 ASSUMPTIONS The following assumptions were made in developing our Scope and Fee for the proposed project. • The location of the proposed building is not yet finalized and will be determined after our geotechnical investigation is complete. • A minimum of two borings will be located within the final location of the building footprint. Based on variations in the subsurface condition, additional borings may be required to provide foundation design recommendations for the proposed building. • The proposed geotechnical borings will be drilled through the closed historical landfill. Procedures related to the geotechnical drilling through a closed landfill guided by the Texas Commission on Environmental Quality (TCEQ) will be followed. The procedure includes decontaminating drilling equipment, containing soil cuttings with landfill waste in a closed barrel, and pressure grouting the borings. • The barrels containing soil cuttings with landfill waste will be left on site after completion of drilling and will be handled by others retained by the City. • An environmental site assessment or any environmental testing and analyses will be conducted by others. ADDITIONAL SERVICES The following services are not included in the Scope of Basic Services and will be considered as Additional Services, if and when they are required or requested: • The services of specialty sub-consultants or other special outside services other than those described in the above Scope • Long term groundwater monitoring or analysis • Any environmental tests, analyses, or recommendations related to characterizing or delineating the existing landfill waste • Bulldozer, all-terrain rig, clearing activities, or other equipment and personnel time required to access the boring locations Meetings other than included in the Scope • Additional report copies or submittals; report revisions after final submission, or report revisions resulting from changed regulations or design • Any other services not specifically included in the above Scope MG151023.001P/DFW14P11649R1 Page 5 c)f 7 December 29,2014 ©2015 Kleintelder Revision No.1 Dated January 15,2015 KLEIPIFELDER 7805 Mesquite Bend Drive,Suite 100,Irving,TX 75063 p 1972.868.5900 f 1972.409.0008 COMPENSATION Kleinfelder proposes to perform the Scope of Basic Services for a Lump Sum Fee of $36,400. Invoices will be issued on a periodic basis, or upon completion of a project, whichever is sooner. The City and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. ANTICIPATED SCHEDULE It is anticipated that field mobilization can begin within 5 to 7 working days after authorization, weather, utility clearance, and access permitting. Completion of the field exploration will require approximately 4 days, depending upon weather conditions and site accessibility. The laboratory tests are anticipated to be complete within 10 working days after drilling. A draft report can be issued within 4 weeks after drilling. The final report can be completed within 2 week after receiving feedbacks from the City or an approval. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder's profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. The scope of services for this subsurface exploration and geotechnical report did not include environmental assessments or evaluations regarding the presence or absence of wetlands or hazardous substances in the soil, surface water, or groundwater at this site. During the course of the performance of Kleinfelder's services, hazardous materials may be discovered. Kleinfelder assumes no responsibility or liability whatsoever for any claim, loss of property value, damage, or injury that results from pre-existing-hazardous materials being encountered or present on the project site, or from the discovery of such hazardous materials. Nothing contained in this proposal should be construed or interpreted as requiring Kleinfelder to assume the status of an owner, operator, or generator, or person who arranges for disposal, transport, storage, or treatment of hazardous materials within the meaning of any governmental statute, regulation, or order. The client is solely responsible for directing notification of all governmental agencies, and the public at large, of the existence, release, treatment, or disposal of any hazardous materials observed at the project site, either before or during performance of Kleinfelder's services. The client is responsible for directing all arrangements to lawfully store, treat, recycle, dispose, or otherwise handle hazardous materials, including cuttings and samples resulting from Kleinfelder's services. MG151023.001P/DFW14P11649R1 Page 6 of 7 December 29, 2014 ®2015 Klelnfelder Revision No.1 Dated January 15,2015 KLEINFELDER 7805 Mesquite Bend Drive,Suite 100,Irving,TX 75063 p 1972.866.5900 f 1 972.409.0008 This proposal is valid for a period of 90 days from the date of this proposal, unless a longer period is specifically required by the RFP in which case that time frame will apply. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder's express permission. TERMS OF ENGAGEMENT Please indicate your approval of the proposal by signing the attached Master Services Agreement and Work Order and returning the entire document to our office. A fully executed copy will be returned to you. Any modifications of the attached language must be accepted by both parties, and may result in an increase in scope and compensation. Acceptance of the proposal indicates Client's review and understanding of the scope of services, budget and terms. w We appreciate the opportunity to provide you with this proposal, and look forward to working with you on this project. If you have any questions or wish to discuss, please contact us at 972.868.5900. Sincerely, KLEINFELDER, INC, Texas Registered Engineering Firm F-16438 Yonghoon Lee, PE's, PMP Elizabeth Mang Project Engineer Project Manager 'licensed In TX aj-11ell- Aaron Cotton, Jr. Client Account Manager MG151023.001 P/DFW14P11649R1 Page 7 of 7 December 29,2014 ©2015 Kleinfelder Revision No.1 Daled Januery 15,2015 KLEINFELDER 7805 Mesquite Bend Drive,Suite 100,Irving,TX 75063 p 1972.868.5900 f 1972.409.0008