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HomeMy WebLinkAboutContract 39546 (2)STATE OF TEXAS § COUNTY OF TARRANT § KNOWN ALL BY THESE PRESENTS: THIS AGREEMENT, entered into theday of 2009 by and between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, acting herein by and through its duly authorized Assistant City Manager, hereinafter called the "City", and Kimley-Horn and Associates, Inc., an independent consultant "Consultant". City and Consultant may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 SERVICES Section 1. Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with City's Standard Construction Specification Documents. ("Project"). Section 2. Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. ARTICLE 2 COMPENSATION Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $1,002,800.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. OFFICIAL. RECORD CITY SECRETARY IT. WORTH, TX Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. ARTICLE 3 TERM Until the completion of the subject matter contemplated herein, whichever occurs first. ARTICLE 4 INDEPENDENT CONTRACTOR Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. ARTICLE 5 PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 1. Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a. release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. Section 2. In accordance with Texas Local Government Code Section 271.904, the Consultant 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 Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. Professional Services Consultant Agreement Rev 10.6.09 ARTICLE 6 INSURANCE Section 1. Page 2 of 10 Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Section 2. Additional Insurance Requirements equivalent a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to Dena Johnson, P.E., Program Mana eg ment Office, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. Professional Services Consultant Agreement Rev 10.6.09 Page 3 of 10 g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self4unded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. 1. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. ARTICLE 7 TRANSFER OR ASSIGNMENT City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. ARTICLE 8 TERMINATION OF CONTRACT Section I. City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate thi s Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter Section 2. If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit `B" attached hereto and incorporated herein. Section 3. All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, Professional Services Consultant Agreement Rev 10.6.09 Page 4 of 10 consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. ARTICLE 9 RIGHT TO AUDIT (a) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (b) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subconsultant reasonable advance notice of intended audit. (c) Consultant and subconsultants agree to photocopy such documents as maybe requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. ARTICLE 10 MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprisesCity contracts. Consultant acknowledges the NMBE goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant 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. ARTICLE 11 OBSERVE AND COMPLY Consultant shall at all times observe and comply with all federal, state, and local 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 Professional Services Consultant Agreement Rev 10.6.09 Page 5 of 10 authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant 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 12 VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. ARTICLE 13 CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. ARTICLE 14 SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. ARTICLE 15 NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Dena Johnson, P.E. Program Management Office 1000 Throckmorton Street Fort Worth, Texas 76102 Professional Services Consultant Agreement Rev 10.6.09 Page 6 of 10 Kimley-Horn and Associates 901 Cherry Street Suite 950, Unit 11 Fort Worth, Texas 76102-6803 ARTICLE 16 HEADINGS The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement ARTICLE 17 COUNTERPARTS This Agreement maybe executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Professional Services Consultant Agreement Rev 10.6.09 (Remainder of Page Intentionally Left Blank) Page 7 of 10 IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: Fernando Costa Assistant City Manager RECOMMENDED: Randle Harwood, Director/ Program Management Office APPROVED AS TO FORM AND LEGALITY: ATTEST: City Secretary .. - Professional Services Consultant Agreement Rev 10.6.09 Kimley-Horn and Associates, Inc. Glenn Gary, P.E. Vice President Contract AuthorizatiOviNpc . �. oae OFFICIAL RECORD CITY 5ECRETARY FT. WORTH, TX ATTACHMENT "A" General Scope of Services BASIC SERVICES The ENGINEER will perform its services pursuant to the requirements delineated with ATTACHMENT "A". Services under this attachment include engineering services for revising the CITY's Standard Construction Specifications, Details, and General Notes for the Water and Transportation and Public Works (T/PW) Departments for use on CITY projects. This project will consist of the following tasks: ■ Task 1 —Data Collection ■ Task 2 —Project Management and Project Status ■ Task 3 —Document Identification and Format ■ Task 4 —Document Management ■ Task 5 —Stakeholder Meetings and Prioritization ■ Task 6 —Division O1 —General Requirements and General Notes ■ Task 7 —Divisions 02-49 —Technical Specifications ■ Task 8 —Training and Implementation Task 1 DATA COLLECTION The CITY will be responsible for making information available, upon which the ENGINEER may rely, to the ENGINEER for review and production. The ENGINEER will prepare a data collection log that includes data collection request, date of request, date obtained and data collection items that remain outstanding. The scope for data collection is as follows. AttachrnentA-Scope_Final.doc 1 of 15 11/17/2009 Task 1.1 Water Department Documents ENGINEER will meet with representatives of each Production, Field Operations, and Engineering division within the CITY'S Water Department to obtain the following information: • Current copies of Standard Construction Specifications used for utility projects • List of specifications not currently standard, but that are desired to be included in the revised standard construction specifications • Copy of draft construction specifications previously prepared for Department as part of Wet Weather Management Program • Copies of recent bid tabulations from construction projects awarded from the Department • List of current 5-year CIP project planned for construction Task 1.2 Transportation and Public Works (T/PW) Department Documents ENGINEER will meet with representatives of the Streets, Traffic, Facilities, and Drainage divisions within the CITY'S T/PW Department to obtain the following information: • Current copies of Standard Construction Specifications used for street projects • Current copies of Standard Construction Specifications used for traffic projects • Current copies of Standard Construction Specifications used for drainage projects • List or copies of specifications not currently standard, but that are desired to be included in the revised standard construction specifications • Copies of recent bid tabulations from construction projects awarded from the Department • List of current 5-year CIP project planned for construction Task 2 Project Management and Project Status This Task includes the creation, maintenance, status, and review of the project schedule including the establishment of the periodic overall progress of the project. This task is based upon an assumed project duration of 12 months with 2 months of training. Task 2.1 Develop Initial Project Schedule The ENGINEER shall develop a project schedule that is generally in accordance with the guidelines as established by the CITY's Schedule Guidance Document as well as this scope of services. The ENGINEER shall provide this schedule to CITY generally within two weeks of the Notice to Proceed. The CITY shall review the schedule and provide comment with respect to the intent of the schedule as well as to the CITY's ability to achieve the review times as established by the schedule. The ENGINEER shall revise the schedule to reflect the direction of the CITY. This schedule shall be considered as a Draft since the total number and priority of specifications, details, and notes will not be known until completion of subsequent tasks. Deliverables: Draft schedule in a format consistent with the Schedule Guidance Document AttachmentA-Scope_Final.doc 2 of 15 11/17/2009 Task 2.2 Develop Final Project Schedule Upon completion of TASK 5.1 and Task 7.1, the ENGINEER shall revise the schedule to reflect the entire table of contents, prioritization and packet production. The CITY shall review the schedule and provide comment with respect to the intent of the schedule as well as to the CITY's ability to achieve the review times as established by the schedule. The ENGINEER shall revise the schedule to reflect the direction of the CITY. Deliverables: Final schedule in a format consistent with the Schedule Guidance Document as 2.3 Project Schedule Status and Monthly Report The ENGINEER shall update and provide a percentage of completion for each line item in the schedule. The ENGINEER shall update the schedule at least once per month to include changes to the schedule. The ENGINEER shall prepare a monthly report that details the progress of the project and provides a summary of progress for the previous month as well as the anticipated services for the coming month. Deliverables: Monthly Status Report and Schedule in a format consistent with the Schedule Guidance Document Task 2.4 Management Team Meetings The ENGINEER shall attend Management Team Meetings. These meetings should occur every other week and should be a reoccurring date and time as established jointly by the CITY and the ENGINEER. The meeting should generally include the Project Principal, one designee from the Project Team, the CITY's project manager, and any other designee as assigned by the CITY. The Meeting should generally cover a review of the project progress as well as the status of any action items that impacts the progress of the project. Task 3 Document Identification and Format This task will include developing a Table of Contents for the CITY Standard Specifications in CSI MF04 format, developing a template for section and page formats for each of the specification sections to be developed. Following are descriptions of each of the subtasks. Task 3.1 Develop an Overall Table of Contents The existing construction specification documents used by the various CITY Departments will be reviewed and correlated with the relevant CSI M1704 Section titles to determine the approximate quantity of specifications sections that will be required. Deliverables: Table of Contents of proposed CSI MF04 Section titles for new CITY of Fort Worth Standard Specifications for Divisions 2 through 49. Task 3.2 Develop Section and Page Format Templates A section and page format template will be developed for use by the Specification writing team in drafting each specification section. Instructions for Specification team will be prepared and distributed. AttachmentA-Scope_Final .doc 3 of 15 11/17/2009 Deliverables: Draft MS Word template to be used by project team to develop specification sections. Task 3.3 Final Templates Following the development of the templates, final documents will be reviewed and distributed to the ENGINEER's team. Deliverables: MS Word template to be used by project team to develop specification sections. Task 4 Document Management and Control This task involves the establishment of quality standards for production of specifications and checking and verification of format, and will input of documents into a BuzzSAW site set up by the City on the City's server. The specification documents developed and produced will be managed on the CITY's BuzzSAW site. The documents that will be developed, produced, edited, and reviewed will be posted on the site for all team members. A tracking system will be designed by the Consultant and set up by the City to allow team members to determine the status of all documents, the action items pending and scheduled for all assigned tasks. All IT support necessary to provide access and security to the CITY's server will be performed by the CITY. All licensing for BuzzSAW software required to complete the project will also be provided by the CITY. All specifications and details will be posted, reviewed, commented upon and updated throughout the execution of the project. The task will also include providing a filing system for all final documents on the CITY's existing BuzzSAW site. Task 4.1 Document Management and Control All specification sections produced will be uploaded to designated folders on the BuzzSAW site. The process for document control and management is as follows: A. A standard template establishing section format and page format for all of the identified specification sections will be produced under Task 3 and will be posted for use by the Specification writers to prepare an initial draft of the section(s) that they are responsible for producing. Specification writers will be notified via email to produce their assigned sections before a designated date. B. Specification writers will produce their designated sections and upload them to the server. C. The document control and quality management team will review the specification sections for conformance with the standard template. Revisions, not involving technical content, will be made and posted on the BuzzSAW site. Technical specification writers will be notified of the revisions and directed to incorporate subsequent revisions (if any) in that revision. When the formatting is correct, the specification processing team will review the reference standards and determine if they are cited correctly. If revisions are necessary, the original specification writer will be informed for concurrence. D. When format and reference standards are completed for each section, they will be reviewed by the Quality Assurance/Quality Control (QA/QC) team from a technical standpoint as well as for contructabilty and clarity to eliminate ambiguity. E. QA/QC comments will be posted and sent to the specification writer for concurrence and final review. AttachmentA-Scope_Final.doc 4 of 15 11/17/2009 F. After QA/QC concurrence is obtained, the documents will be posted for review by the CITY of Fort Worth's designated review team. An email message will be sent notifying them that the documents are available for review and that review comments are to be received by a scheduled date. G. After reviews are complete and comments are uploaded, they will be reviewed and addressed by the specification writer. H. After comments are addressed, the updated version will be reviewed by the Document Control team for proper format and posted for the next review cycle. The process will be completed for each group of documents for initial draft, final draft, and final document versions. For the purposes of estimating the amount of effort for this task ENGINEER have assumed that review, coordination and consolidation of existing specification sections will result in development of approximately 120 individual specification sections that are coordinated with an estimated 3 sheets of standard details comprising the Standard Construction Specifications and Details System for the CITY of Fort Worth. Deliverables: Initial and final draft, and final versions of the documents will be posted to the CITY's Sharepoint site. Task 4.2 Setup BuzzSAW Site for Document Production A filing system will be developed and final documents will be posted to the CITY's BuzzSAW site for use on future projects. All IT support for obtaining access to the CITY's site and necessary coordination for uploading and security will be performed by CITY staff. Deliverables: Final specifications and details posted to the CITY's BuzzSAW site. Task 5 Stakeholder Meetings and Prioritization A current copy of each CITY Department's Capital Improvement Project (C1P) lists will be obtained and reviewed by the project team. Specification sections will be prioritized based upon those most commonly used. ENGINEER shall limit the total specifications to be revised in this scope of services to 120 specifications and three (3) sheets of standards and/or details will be required. To break up the volume of production and review effort into manageable pieces, ENGINEER will divide the total number of specification sections into Packets. Each Packet is anticipated to include approximately five (5) to eight (8) specification sections and/or details each. When ENGINEER has completed the initial prioritization process, ENGINEER will meet with each of the two departments to review, discuss and solicit feedback about the prioritization and the specification sections that need to be strengthened. Any adjustments will be noted and the prioritized lists of the specification packages will be finalized. Descriptions of the individual tasks are described as follows: Task 5.1 CIP Review and Prioritization ENGINEER'S team will gather the existing C1Ps from the Water and T/PW Departments and review the lists of projects to determine the most common specifications required for upcoming projects. The specification sections identified will be prioritized into five (5) packages. Deliverables: Prioritized list of specifications Task 5.2 Departmental Prioritization Review AttachmentA-Scope_Final.doc 5 of 15 11/17/2009 ENGINEER will meet with each individual department, present the list of prioritized specification packages, and solicit input related to prioritization. Additionally, each department will be queried about existing specifications that may require strengthening based upon prior bidding and construction activities. One meeting will be conducted with each Department, for a total of two (2) meetings. Agendas, meeting notes, and decision logs will be distributed to participants. Deliverables: Meeting agenda, meeting notes and decision log for each of the four meetings, finalized list of prioritized specification packages based upon CIPs from each Department Task 6 Division Ol —General Requirements and General Notes A list of Division 01 —General Requirement specifications in CSI MF04 format will be developed for consideration by the CITY. The proposed list of specifications will be presented at a kickoff meeting with CITY department staff to solicit feedback and finalize the lists. Initial, 2°d and Final Draft versions of the documents will be prepared and submitted for review by staff. Workshops will be conducted with CITY staff as well as the Specification Advisory Committee during various stages of completion of the documents to solicit feedback and comments. The following subsections describe the tasks required for completing the development of Division 01 — General Requirements. Task 6.1 Prepare an Outline for Division O1 Documents The existing documents used by the various CITY Departments will be reviewed to determine the appropriate specification sections that will be required. Draft outlines of the Table of Contents, using CSI MF04 documents will be prepared for review and consideration by the CITY. Deliverables: Draft outline of the Table of Contents for Division 01 documents. Task 6.2 Kickoff Meeting with Division Ol Team ENGINEER' S team will meet with the CITY's Department management staff and construction inspectors to discuss specifying strategies, review other industry standards such as the Engineers Joint Contract Document Committee (EJCDC), and determine the CITY's preferences for revising their existing documents. Sample documents will be assembled and discussed to allow ENGINEER'S team to learn about the CITY's preferred Division 01 specifying strategies. An agenda for the workshop will be prepared and distributed at least one week in advance. Following the workshop, notes and action items will be documented to develop a decision log. Immediately following the workshop, draft documents will be prepared. Deliverables: Meeting agenda, sample documents for review, meeting notes, and decision log. Task 6.3 Prepare Initial Draft of Division 01 Documents Following the kickoff meeting, ENGINEER will incorporate feedback and develop an initial draft of Division 01 documents in CSI MF04 format for traditional delivery using provisions contained in the CITY's existing front-end documents. The Table of Contents and Specification Sections anticipated to be included in Division 01 will be derived from a composite of existing front end documents used by the various Departments and converted to CSI Master Format section AttachmentA-Scope_Final.doc 6 of 15 11/17/2009 numbers based on the following Master Format Table (Note that not all numbers and sections listed below may correspond to existing sections used by the CITY)$ SECTION TITLE 01 00 00 General Requirements 01 10 00 Summary 01 11 00 Summary of Work 01 14 00 Work Restrictions 01 18 00 Project Utility Sources 01 20 00 Price and Payment Procedures 012100 Allowances 01 22 00 Unit Prices 01 23 00 Alternates 012400 Value Analysis 01 25 00 Substitution Procedures 01 26 00 Contract Modification Procedures 01 29 00 Payment Procedures 01 30 00 Administrative Requirements 01 31 00 Project Management and Coordination 013200 Construction Progress Documentation 01 33 00 Submittal Procedures 01 35 00 Special Procedures 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 70 00 Execution and Closeout Requirements 01 80 00 Performance Requirements 01 90 00 Life Cycle Activities ENGINEER will use the most current version of the Engineer's Joint Contract Documents Committee (EJCDC) Division O1 documents that parallel a composite of the CITY's various department documents, and modify them to include the CITY of Fort Worth requirements. When the initial draft of the documents is complete, it will be distributed for review by the CITY. Deliverables: Initial draft Division 01 documents. Task 6.4 Initial Draft Division 01 Document Review Workshop After a sufficient review period, ENGINEER will coordinate a workshop with CITY staff and ENGINEER'S technical team to review and discuss comments that were received. AttachmentA-Scope_Final.doc 7 of 15 11/17/2009 An agenda for the workshop will be prepared and distributed at least one week in advance. Following the workshop, notes and action items will be documented to develop a decision log. Immediately following the workshop, final draft documents will be prepared. Deliverables: Workshop agenda, meeting notes and decision log. Task 6.5 Prepare 2nd Draft Division O1 Documents Following the initial draft workshop, comments from the initial draft will be incorporated and a 2nd draft version of the Division 01 documents will be prepared and distributed for review by CITY staff. Deliverables: 2nd draft Division O1 documents. Task 6.6 2nd Draft Division O1 Document Review Workshop with Departments and Advisory Committee After a sufficient review period, ENGINEER will coordinate a workshop with ENGINEER'S technical team and Department staff and the Advisory Committee to review and discuss comments that were received. An agenda for the workshop will be prepared and distributed at least one week in advance. Following the workshop, notes and action items will be documented to develop a decision log. Immediately following the workshop, final documents will be prepared. Deliverables: Workshop agenda, meeting notes and decision log. Task 6.7 Review Comments with Division Ol Team After conducting the workshop with the advisory committee, comments received will be reviewed with the Division 01 team for consideration. A list of comments received will be distributed in advance. Decisions made at the workshop will be documented and distributed to the advisory committee. Deliverables: Workshop agenda to include comments received from the advisory committee to be considered, meeting notes and decision log. Task 6.8 Prepare Final Draft Division O1 Documents Following the workshop with the Division 01 Team, final comments will be incorporated and the final draft documents will be prepared and delivered to the CITY for adoption and implementation. Deliverables: Final draft of Division 01 Documents. AttachmentA-Scope_FinaLdoc 8 of 15 11/17/2009 Task 7 Divisions 0249 — Technical Specifications The ENGINEER shall establish multiple production teams that review, update, and convert the specification or standard detail according to format established in TASK 4. It is the intent that the teams be arranged that multiple specifications and/or details can be completed in parallel. A list of Division 0249 specifications in CSI MF04 format will be developed for consideration by the CITY. Task 7.1 Indentify Packets and Packet Management The ENGINEER shall divide the specification and details as identified in Task 3 into to subsets of related material. For this scope of services, these subsets will be referred to as a "Packet". The review, update and conversion will be assigning and tracked to team based on these Packets. Packets, in general, shall contain related specifications and details and will be divided into groups based on the number of departments impacted. Packets will be assigned based on the prioritizations established in Task 5. The ENGINEER shall use the prioritization to assign packets to the project team so that a set of packets begins the review, update, and conversion process at periodic intervals as dictated in the schedule as established in Task 2 Task 7.2 Meetings to Receive City's Comments on Existing Specifications and Details The ENGINEER shall conduct a series of regularly scheduled meetings with each of the CITY's impacted departments to receive input from representative personnel from that department. The meeting may include the ENGINEER's Principle in Charge, Project Manager, Department Liaison, and possibly the Personnel working on the Packets to be discussed in those meetings, as well as the CITY's Project Manager, Technical Representatives from the Department, Inspectors and other field personnel. Meetings should generally be representative of the quantity and complexity of specifications to be reviewed, updated and revised for that Department. Task 7.3 Draft Specifications and Details The ENGINEER shall prepare draft specifications, and details in accordance with format as provided in Task 3 and the information gathered in Tasks 155, and 7.1. In general, the specification or details should incorporate nationally recognized standards, or regionally recognized standards for references. The review, update, and conversion of the specifications and details will use products and standards that are already acceptable to the CITY. Only in instances where the existing standard refers to a product or a process that is no longer available, shall the ENGINEER change the acceptable product or process approved by the City. Specifications and/or details will be completed on a per Packet basis as determined in Task 7.1. Deliverables: Draft specifications for Divisions 0249 Task 7.4 Technical Review of the Specification Once a given packet is complete, it shall be assigned in accordance with Task 7.1 to a member of the ENGINEER'S team and to a technical quality reviewer for that Packet. The technical review designee will review for technical consistency and that the specification and/or detail is in conformance with the general intent of the existing specification, standard product list, or from the information gathered in TASKS 1,5, and 7.1. The technical and quality reviewer will also review for general constructability as well clarity to eliminate ambiguity. AttachmentA-Scope_Final.doc 9 of 15 11/17/2009 Task 7.5 Testing and Measurement and Payment Once a given packet has completed Task 7.4, it shall be assigned according to Task 7.1 to a member of the ENGINEERS team for review. The ENGINEER'S team will review for installation and acceptance testing, as well as measurement and payment for consistency of the items specified with respect the entire body of specifications. Task'7.6 Meetings to Review Draft Specifications and Details The ENGINEER shall conduct a series of regularly scheduled meetings with each of the CITY's impacted Departments to receive input from representative personnel from that Department with respect to the intent of the specification. The meeting may include the ENGINEER's Principle in Charge, Project Manager, Department Liaison, and possibly the Personnel working on the Packets to be discussed in those meetings, as well as the CITY's Project Manager, Technical Representatives from the Department, Inspectors, and other field personnel. Meetings should generally be representative of the quantity and complexity of specifications to be reviewed, updated, and revised for that Department Task 8 Training and Implementation When all of the specifications and drawings have been completed, ENGINEER will prepare and provide training materials and conduct training sessions in the use of the documents. Some of the training and implementation support that will be provided will include recommendations for maintenance of the documents, establishment of a Specification Task Team, and a process for revising, updating and notifying stakeholders of updates to the Standard Specifications and Details. Additionally, the ENGINEER will prepare training materials consisting of a User's Manual outlined for training sessions for internal and external stakeholders. Descriptions of the tasks to be completed are discussed in the following subsections. Task 8.1 Final Draft Construction Specification Workshop When the final draft of the standard specifications has been completed and reviewed by the internal stakeholders, the documents will be made available for the external stakeholders to review and provide comments. Comments received will be reviewed and considered for incorporation into the final standard specifications. A decision log will be prepared to document comments received and describe the action taken to address the comments. After an appropriate review and comment processing period, a workshop will be coordinated, scheduled, and conducted to present the final draft standard specifications, describe the path forward for implementation, and the processes for accessing the standard specifications and submitting comments for consideration by the CITY'S Specification task team. A sample agenda for the workshop is as follows: Final Draft Construction Specification Workshop Agenda: 1.1. Team Introductions 1.2. Status of Project to Date 1.3. Summary of Feedback from External Stakeholders AttachmentA-Scope_Final.doc 10 of 15 11/17/2009 1.4. Schedule and Process for Adoption and Implementation 1.5. Access to final Standard Specifications 1.6. Process for Maintaining and Updating Standard Specifications Attendees for the Final Draft Specification workshop should include all major internal and external stakeholders as follows: • ENGINEER'S Team • CITY Stakeholders including representatives from Departments of: o Legal Department o Transportation and Public Works o Water o Program Management Office • CITY Construction Specification Task Team Representatives o Consultant Community o Construction Community o Equipment and Material Supply Community During the workshop, participants will be thoroughly briefed regarding the current status of the standard specifications, the feedback received to date, the actions taken to include external stakeholder feedback, and the path forward for adoption, implementation and maintenance. All questions, concerns, or issues that are raised will be addressed by the project team and reported to the stakeholders. Workshop notes, chartering documents and endorsements will be distributed to all participants within one week following the workshop. Deliverables: Workshop agenda and handout materials, workshop notes. Task 8.2 Training A User's Manual will be developed for use by CITY staff, Consultants, Consultants, and Contractors and Vendors that will describe the processes required for use of the CITY's Standard Specifications and Details. Additionally, two (2) training sessions of approximately 4 hours for CITY staff and 2 hours for external stakeholders are anticipated. Course outline, handout materials course facilitation will be provided. for CITY staff, Deliverables: User's Manual, outline for training sessions, one training session and one for external stakeholders. AttachmentA-Scope_Final.doc 11 of 15 11/17/2009 A 1 1 L- UJUIVI IN 1 GGD59 Compensation I. Professional Engineering Services For all professional engineering services included in ATTACHMENT "A", Section I, Basic Services of the General Scope of Services, the CITY agrees to pay the ENGINEER on a cost plus maximum basis. The total amount of the contract will not be exceeded without a modification to this agreement; however, any task may be exceeded as long as the PROJECT total is not exceeded. Recommend budgets are as follows: ■ Task 1 —Data Collection $ 19,200.00 ■ Task 2 — Project Management and Project Status $ 995900.00 ■ Task 3 — Document Identification and Format $ 313300.00 ■ Task 4 —Document Management $ 155,200.00 ■ Task 5 — Stakeholder Meetings and Prioritization $ 213400.00 ■ Task 6 — Division 0 1 - General Requirements and General Notes $ 1045700.00 ■ Task 7 — Divisions 02-49 — Technical Specifications $ 5133200.00 ■ Task 8 — Training and Implementation $ 575900,00 Total compensation to be paid to the ENGINEER will not exceed $ 1,0025800.00 II. Basis for Compensation The CITY will compensate the ENGINEER for the various items listed above on a reimbursable basis, where the total contract amount may not be exceeded without an amendment. Individual task budgets may be exceeded. Labor fee will be billed at multiplier of 3.3 times the salary cost. Direct reimbursable expenses such as express delivery services, fees, air travel, subconsultant expenses, printing, and other direct expenses will be billed at 1.10 times cost. Other expenses such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, word processing and technical use of computers shall be included as part of the labor rate multiplier. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees that are not identified specifically in the scope of services shall be paid directly by the Client. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice AttachmentA-Scope_Final.doc 12 of 15 11/17/2009 EXHIBIT `B-1" M/WBE Summary CITY STANDARD CONSTRUCTION SPECIFICATION REVISIONS Task Description Fee M/WBE i Task 1 — Data Collection $1 %200 $0 as 2 — Project Management and Project Status $99,900 $0 Task 3 — Document Identification and Format $313300 $4,050 Task 4 — Document Management $155,200 $0 Task 5 — Stakeholder Meetings and Prioritization $215400 $0 Task 6 — Division 01 - General Requirements and Notes $104,700 $43,400 Task 7 — Divisions 02-49 -Technical Specifications $513,200 $124,550 Task 8 — Training and Implementation $57,900 $29,000 Total Project $190025800 $2019000 (20904%) M/WBE Subconsultant Services Fee JQ Engineering $74,500 Lamb -Star Katz & Associates and Associates, Inc. Total Engineering $82,500 Public Relations $29,000 Engineering $155000 $201,000 Non-M/WBE Subconsultant Services Fee HDR. Inc. Engineering $171,500 Brown and Gay Engineers Inc. To tal Engineering $160,000 $59,500 $391,000 This attachment is provided for informational purposes only to show the projected plan to meet the M/WBE goal of 20%. The actual dollars paid by the ENGINEER to M/WBE subconsultants may vary for each task as well as for each subconsultant. The subconsultants listed are those intended for use on this project, but the actual subconsultants used may vary. AttachmentA-Scope_Final.doc 13 of 15 11/17/2009 ATTACHMENT "C" Amendments to Standard Agreement No modifications to the Standard Agreement were necessary for this project. AttachmentA-Scope_Final.doc 14 of 15 11/17/2009 ATTA UNIVIEI I 6GT99 Schedule The ENGINEER will complete Tasks 1-7, as defined in the Scope of Services, within 12 months. Task 8 will follow and is anticipated to be completed within 2 months from completion of Tasks 1-7. AttachmentA-Scope_Final.doc 15 of 15 11/17/2009 Page 1 of 3 City of Fort Worth, Texas Mayor and Council C DATE: Tuesday, November 17, 2009 LOG NAME: 02CONSTRUCTION SPECS REVISION �TiiT ii' unication REFERENCE NO.: C-23914 SUBJECT: Authorize the Execution of a Professional Services Agreement in the Amount of $1,002,800.00 with Kimley-Horn Associates, Inc., for Revision of the City's Standard Construction Specification Documents and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations in the Special Assessments Fund by $250,700.00 from available funds; 2. Authorize the transfer of $250,700.00 from the Special Assessments Fund to the Storm Water Utility Fund; 3. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Storm Water Utility Fund in the amount of $501,400.00 and decreasing the unreserved, undesignated fund balance by the same amount; and 4. Authorize the City Manager to execute a Professional Services Agreement in the amount of $1,002,800.00 with Kimley-Horn Associates, Inc., for revision of the City's Standard Construction Specification Documents for use on City Projects. DISCUSSION: During Phase I of the City's Integrated Program Management initiative, the City's Standard Construction Specification documents were reviewed and determined to be in need of substantial revision. It was suggested by the City's consultant that a task team be established to make recommendations regarding the City's documents. A Standard Construction Specifications Task Committee, comprised of City staff and representatives of the local engineering and construction communities, was established and has recommended that the standard specifications be revised to provide a uniform set of specifications and contract documents for use on City projects. The City's construction specifications, notes and standard details for water, sanitary sewer, paving and drainage improvements have been historically updated in a piecemeal fashion over many years. This approach has resulted in multiple partial revisions, creating documents that are neither consistent nor complete. It is anticipated that revising the specification documents and standard details will eliminate ambiguity in the contract documents and pay items, encourage additional contractors to bid on City projects and result in long-term savings and more durable projects for the City. The City received proposals from seven consulting firms in response to a Request for Proposals for revision of the standard construction specifications. Aselection committee comprised of the Water, Transportation and Public Works, Parks and Community Service and Aviation Departments and the Program Management Office, reviewed the proposals and shortlisted four of the seven firms to interview http://apps.cfwnet.org/ecouncil/printmc.asp?id=12629&print=true&DocType=Print 11/19/2009 Page 2 of 3 prior to the final selection. Based upon the interviews, staff considered Kimley-Horn and Associates, Inc., (Kimley-Horn) and HDR, Inc., (HDR) to be the most qualified and concluded that the City would obtain the best product for this unique project if the expertise and resources of both firms were combined. Consequently, staff requested Kimley-Horn and HDR to form a team to provide the required services. Both Kimley-Horn and HDR have agreed to form a combined team for the project, with Kimley-Horn as the principal and project manager. The proposed scope of services includes the following: . Documentation of existing specifications; . Project management and scheduling; . Documentation identification and formatting; . Document management and control; . Coordination of inputs from City Staff, consultants and contracts; . Stakeholder collaboration; . Stakeholders meetings and prioritization; . Procurement and contracting requirements; . General requirements and general notes; . Technical specifications; . Paving standard details; . Training of City staff; and . New document development implementation, distribution and implementation. The proposed scope focuses on the most critical elements of the City's contract documents. It is anticipated that regular updates will occur to the Standard Construction Specifications in the future once the initial restructuring occurs and the most important portions of the documents are revised under this initiative. On November 10, 2009, staff and Kimley-Horn representatives provided the Infrastructure and Transportation Committee with an overview of the need for the specification documents revisions, the recommended project approach and the associated timeline to complete the project. Kimley-Horn proposed to provide the necessary professional service on an hourly basis and multiplier with a not to exceed fee of $1,002,800.00. Staff considers the fee to be fair and reasonable and recommends approval. Kimley-Horn is in compliance with the City's M/VVBE Ordinance by committing to 20 percent M/WBE participation. The City's goal on the project is 20 percent. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budgets, as appropriated, of the Water and Sewer Operating Fund and the Storm Water Utility Fund. Upon approval, the retained earnings of the Storm Water Utility Fund will exceed the minimum reserves as specified in the Financial Management Policy Statements. FUND CENTERS: TO Fund/Account/Centers 1)PE69 531200 0209000 FROM Fund/Account/Centers $501,400.00 2) PE69 531200 0209000 CERTIFICATIONS: Submitted for City Manager's Office bv: 2)PE45 531200 0602501 2)PE45 531200 0702501 Fernando Costa (8476) $501.400.00 $250,700.00 $250.700.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=12629&print=true&DocType=Print 11/19/2009 Page 3 of 3 Originating D�artment Head: Additional Information Contact: Randle Harwood (6101) Dena Johnson (7866) ATTACHMENTS 1. 02CONSTRUCTION SPECS REVISION ao.doc (Public) 2. 02CONSTRUCTION SPECS REVISION Ord.pdf (Public) 3. Fund Availability.pdf (CFW Internal) 4. Melissa Ramon - RE M&C Review Request 02CONSTRUCTION SPECS REVISION .msQ (CFW Internal) 5. MWBE_Construction Specs.pdf (CFW Internal) 6. PE45 531200 06.x1s (CFW Internal) 7. PE45 538040 0609020.x1s (CFW Internal) 8. PE45-Funds Availability.pdf (CFW Internal) 9._P.E69_531200.._10.30__0.9_..xls (CFW Internal) 10. Updated_Kimley.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=12629&print=true&DocType=Print ll/19/2009