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HomeMy WebLinkAboutContract 55512CSC No. 55512 C1TY OF FORT WORTH, TEXAS STANDARD AGREEI!lIENT FOR ENGiNEERING RE�ATED PROFESSIONAL SERV[CES This AGREEMENT is between the Cifiy of Forf Wor�h, a Texas home-rule murticipal[ty ("CfTY"), and Kimley-Horn and Associates, Inc,, authorized to do business irt Texas, ("ENGINEER"), for a PROJECT ger�erally described as: Trini�y Indus�ries Sanitary Sewer fmprovements Articfe f Scope of Servic�s The Scope of Services is sef forth in Aitachment A. Article Il Compensatian and Terrn of Agreement A. The ENGINEER's com�ensation shalf be ir� the amaunt up to $42,84d.00 as set forth in Attachmer�t B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreerrient shal[ be for a term beginning upon the effeciiue dat�, as described f�eiaw, and shalf cantinue until the expiration of the funds or completion of the subject matter contemp[ated herein, whichever occurs firs�. Ar�icle IIl Terms of Paymenfi Payments to the ENGINEER wil! �e matte as follows: A. invoice and Payment (1} The Engineer shal[ pro�ide the City suf�icient documenfafian, including but not limited to m�eting the requirements set for�h in Attachment D to this AGREEMENT, #o reasonably substantiate the in�oices. (2) The ENGINEER wilf issue montt�Ey invaices for al[ work performed under this AGR�EMENT, lnvfl�ces are due ar�d payabfe within 3� days of receipt. Clfy ot Fort Worth, Texas Siandard qgreement for Engineering Related i]esign Services Revlsed Qate: f1.97.17 OFFICIAL RECORD Page 1 of 17 CITY SECRETARY FT. WORTH, TX (3) Upan completion of services enumerated in Arfiicie [, fhe final �aymenfi of any �alance wi[I be due withi� 30 days nf receipt of the final invoice. (4) In the event of a disputed ar eontested billing, only �hat por�ion so contes�ed wlf be withheid from payment, and the urtdisputed por#ian will �e paid. The C1TY will exercise reasanableness in contesting any �ill ar portian thereaf. No interest wili accrue on any con�ested po�tion of #he billing until mutualEy resolved. (5) If the CITY faifs to make payment in full to ENGiNEER for bi![ings con#ested in gooci faith wifhin 60 days of t�e amoun� due, the ENG[NEER may, after giving 7 days' written notice ta C1TY, suspen� Sf?IVIGGS un�er this AGREEMENT until paid in full. In the event of suspens�on of services, the ENG[NE�R shal! ha�e no [ia�i(ity to CITY far delays ar damages caused fihe CITY because of such suspe�sion of services. Arkic�e 1V Obliga�ions of the Eng"rr��er Amendmenfs to Article IV, if any, are included in Aftachment C. A. General The ENGINEER will se�-ve as t�e CiTY's professional engineering represer�tafive ur�der this Agreemen�, providing praf�ssional engineering consuitation and ad�ice ar�� furnis�ing customary services incidentaf thereto. B, Standard of Care The ENGINEER shai[ �erForm its services: (�} with fihe professional skill and eare ardinarily provided }�y competent engineers practicing in t�e same or sirr�ilar loca[ity and under the same or similar circumsfiances and professional license; ar�d (2) as expeditiously as is prudent considering the ordinary professivna[ skill and care of a competent engineer. C. Subsurface ir�vesiigatians (1} T�e ENGINEER shalf advise the CITY with regard to the necessity for subcontrac# wor�C such as sp�ciaf s�rveys, tests, test borings, or ofher subsurFace investigations in cannection w�th des�gn and engineering CiEy of Fart Worth, Texas 5landafd Agreement far Engineering Refaled �esign Services itevised €]afe: 1'i. t7.17 Page 2 a[ 17 work to be per#ormed hereunder. The �NGINEER �l�all also advise the CITY concerning the results of same. Such surveys, tests, artd in�estigations shal[ be f�rnish�d by the CfTY, unless atherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, fhe actual characteristics may �ary significantly between successive fest points and sample intervals and at locations ofher than where observations, expforation, and ir��estigations have been made. � Because af the inherent uncertainties in subsurface evaluations, changed or unanticipated underground car�ditians may occur that � � coulcl affect the totaE PROJECT cost anc[lor execution. These conditions artd cosfilexecu�ion effects are not the responsibility of the ENGINEER. D. Pre�aration af Engir�eering �rawings The ENGINEER rrvifl provide to fhe CITY the arigina[ drawings of all plans in ink or� reproducible mylar sheets and efectronic fiies in .pdf format, or as otherwise a��roved �y C1TY, which shafl �ecome the praper�y of fhe CITY. CITY may use such drawings in any manner it desires; pravided, t�owever, that the ENGINEER shall not be liable for the use of suc1� drawings fior any project other than the PR�JECT described herein. E, Engineer's Personnel at Cans#ruction Site (1} The presence or duties of the ENGINEER's personnel at a construction sife, whether as on-sife representatives ar otherwise, do nat make the ENGINEER ar its personnel in any way respansible fior #hose duties thafi beEong to the ClTY andlor the ClTY`s construction contractors or other entifies, and do not relieve the construction contracfars or any afiher entity of their obligations, duti�s, and responsibifities, including, buf not limited tn, a!I construction methads, means, #echniques, sequenees, and pracedures nec�ssary for caardinating and completing all portions af the canstr�ction work in accordance with t�e Con#ract Documents and any health ar safety precautions r�quir�d by suc}� canstruciion wark. The ENGINEER and its personne! have no aufhority to exercise ar�y control aver any car�strucfiion contractar or ath�r eniity or their empfayees in conneetior� with their work or any health ar safety precautians. (2) Except to the extenf of speci�c site �isits expressfy detai[ed and set far�h irt Attachment A, the ENGINEER or its persor�nel shall have no abfigatian or respor�sibility to visit the construcfian site to become famifiar with ih� progress or quali#y of �ha cflmplefed work on the PROJECT or to determine, in generaf, if the work on fhe PROJECT is being perFarmed in a manner City of Fori Worth, Texas Sianderd Agreemenf ior Engineering Related Design Services xsv;s�d oate: t�.��.i� Page 3 af 77 indicating that the PRO.]EGT, when completed, will be in accarc�ance with ihe Contrac� Docurr�ents, r�or shal[ anything in the Contraci Dacuments or fihis AGREEMENT betvueen CITY and ENGiNEER be canstrued as requiring ENGINE�R to make exhaus#i�e or continuous on-site inspect[ons to discauer later�t defects in fihe wark or o�herwise check the quafity or quantity of the work on tF�e PROJECT. If the ENGINEER makes an-site obs�rvation(s) of a deuiatior� fram the Cantract Documents, the ENGINEER shafl inform fhe CITY. (3) When professianal certificafion of performance or charac�erisfics af materia[s, systems or equipment is reasanab[y required to perForrn the services. set �orth in the Scope af Services, the ENGfNEER sha[I be entifiled to rely upon such certificat�an to estab[ish materia[s, systems ar eq�aiprnent and perFormance criteria to be required in the Contract Documents. F, �pinior�s of Probab[e Cost, Finar�ciaE Considerations, and Schedules (�) The ENGINEER shali �rovide opinions of prabable costs based an the currenf a�ai[able information at the time of preparat�on, in accordance wifh AftacY�ment A. (2} !n pra�idirtg opinions o# cos�, financiaf analyses, �canomic feasibility projections, and schedules for the PROJECT, the ENG[NE�R has no control aver cost or price of labar and ma��rials; unknown or lafe�f conditions of exisfir�g equipment or siructures that may affect operatian or maintenance cos�s; competitive E�idding procedures and markei conditior�s; fiime or quality of perfarmance by third par�ies; quali#y, #ype, management, or direction of aperating personr�el, and other ecnnomic and o�erational factvrs that may materially affect tl�e ulfimafi� PROJECT cosf ar schedu9e. T�erefore, the ENGINEER makes no warranty fihat the CITY's actual PROJECT costs, financial aspecfis, economic feasi�ility, or schedules wilf nat vary from fhe ENG[NEER`s opinions, analyses, projections, or esiimates. G. Construction Progress Payr�en� Recammendafiians by th� ENGENEER to the CITY far periodic canstruction progress payments to ti�e constructian cor�tractor wiEl be based or� the ENGiNEER's know[edge, information, and �elief from selecti�e sampling ar�ct observation that the work has progressed fo the point indicated. Such recommendations do not represent that continuous or d�taifed examinations ha�e been made by the ENGlNEER to ascertain that the construction co�tfracfor has completed the work irt exact accordance with the Confract �ocuments; that the final work will be acceptable in all respects; that the ENGINEER has macfe an examina�ion to ascertain haw ar for what purpose City af Forf Worth, Texas Sfandard Agreement for �ngineering Related Des'sgn Services Ravised DaEe: 13.t7,77 Page 4 of t7 the construction contractor has used the moneys paid; that title to any of the wori�, materials, or equipment has passed to the CITY free and clear af liens, elaims, securi�y ir�terests, ar encumbrances; or thaf there are noi oiher matters afi issue beiween the CITY and the canstruction contractor that affeet the amount that should be paid. H. Record Drawings Record drawings, if required, wil[ �e prepared, in part, an fihe basis of inforrr�a#ion compiled and furnishecf by others, and rr�ay not afways re�resenf the exact locaiior�, type af uarious com�onents, or exacfi mar�ner in which the PROJECT was finally constructed. The ENGINEER is nat responsible for any errors or omissions in the information from others that is incarporated inta the record drawings. I. Mirtoriiy Busin�ss and Small Business Ent�rpr`rs� (MBE�4SBE� Partici�ation [n accord with the City of Fork Warth Business Di�ersity goals {Chapier 20, Article X af the City`s Code of Ordinances alkla �rdinance No. 20020-12- 201'[, as amended), the City has goals for the participatian af minority �usiness enterprises andlor sma[I busines� enterprises in City confiracts. Engineer acknowledges the MBE and SBE gaals established for this contrac# and its accepted wriften comm�tment to MBE and SBE participatior�. Any misrepresentatior� of facts (other than a negligent misr�pres�ntation) and/ar the commissic�n of fraud �y the �ngineer may result in the ferminatian of tf�is Agreement and debarment from parfiicipating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (�) ENGINEER agrees that the CITY shall, until tf�e expiration of fi�e (5} years a#ter final payment under this cohtract, have access fio ar�d the right fia examine and photacQpy any directly periinent books, d�curr�ents, papers and records ofi the ENGINEER invalving firansactions relating to this corttracf. ENGINEER agrees that the C1TY shall ha�e access durirtg normal working }�ours to all necessary ENGINEER facilifiies and shall be pro�ided adequate and appropriate work space in order to conduct audits ir� compliance with the provisions of this seetio�. The CETY shafl gi�e ENGINEER reasona�le advanee nofice o€ intended audi�s. (2) ENGiNEER fur�her agrees tn incl�de in a[I ifs subcnr�sulfant agreements her�und�r a pro�ision to th� effecfi that the subconsultant agrees that th� G1TY shaif, until the expiration af fiive (5} years after final payment under the subcor�traet, have access to and the right to examine and phatocopy any Cify ot �or} Warth, iexas Siandard Agr�ement Eor Engineering Related Design Sarvices Revised aate: 4].t7.?7 Page 5 of 17 directly per�inent f�ooks, docume�ts, papers and recards af such subeansultant, invol�ing transactions to the subcontract, and further, thafi the CITY shall have access during norrr�al wor�ing hours to all subcansultar�t facilities, ar�d shall be prcavided actequafie and apprapriate work space, in order ta conduct audits in compliance with fhe prnvisians of this article together with subsection (3) her�of. CITY shall give subcansultant reasonable a�vance notice of ir�tended audiis. (3) ENGINEER and suhconsuitant agree to photocopy such documents as may be rec{uest�d f�y the CITY. The C[TY agrees to reim}�urse ENGINE�R far the cost of copies at the rate published in the Texas AcEministrative Cade in effect as of the tim� copying is performed. K. INSURANCE ('1) ENG(NEER'S 1NSLJRANCE a. Cammercial General Liability -- the ENGINE�R shall mai��ain cammercia9 generaf liability (CGL.) and, if necessary, comm�rcial umbrella insurance wifh a limit of nof less fhan $'[,00�,400.00 per each occurr�nce with a$2,�DO,O�O.QO aggregate. If such Commercial General Liabifity i�surance cantains a general aggregate limit, ii shal[ apply separately to this PR�JECT or location. The CfTY shal( be incCuded as an additional insured with all rights of defense under ihe CG�., using ISO additional insured er�dorsement or a subst�tute providing equi�a(ent coverage, a�d under the commercial umbreifa, ifi any. This insurance shall apply as primary insurance wifh respect ta any ather insurance or seff- insuranc� pragrams affarded ta fh� CITY. The Commercial Generaf Liability insurance policy shall have na exclusions or endorsemenis that would af#er or nulli�Fy: premisesloperations, products/compfeted operations, cnntracfuai, persana! injury, or adver�Esing injury, which are normally can�ained within the poliey, unless fhe CITY speeificalfy apprnves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agenfs, afficers, directors and employees for reco�ery of damages fo the extent these damages are co�ereci by the commerciaf general l'tabi(ity or cornrr�ercial umbre(ia liability insurance maintained in accordar�ce with this agreement. b. Business Auto — the ENGINEER shal! maintain business auto lia�ility and, if r�ecessary, commere[al umbrella liability insurance with a limit of no� less than $1,OD0,0�0 each accident. Such insura�ce sh�all cover City of Fort Worih, Texas Sfandard Agreement for Engin�ering Relafed �esign Services ReVised �ate: 11.'[7.17 Page 8 nP 77 liability arising oui af "any auio", including owned, hired, and non-nwned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or nvnTowned is ace�ptable. i. ENGIN�ER wai�es ail rights against the C1TY and its ager�ts, officers, directors an� employees for reco�ery of damages to the extent these damages are coverec[ by the business auto [iability or comm�rciai um�rella liabiliiy insurance obtained by ENGINEER pursuarrt to ihis agreement or �ander any applicable auto �hysical damage caverage. c. Workers' Compensation -- �NGINEER shall maintain warkers compensation and employers liability insurance and, if necessary, commercia[ umbrella liability insurance with a iimit of nai less than $100,000.�0 each accident far bo�ily injury by accident or $100,000.00 each empfayee for bodi[y injury by disease, with $SQO,OOO.QQ palicy limit. i. ENGINEER wai�es a[1 righfs agains� th� CiTY and i�s agen�s, officers, directors anc� employees for reco�ery of damages to the e�ctent these darr�ages are co�ered by workers compensation and �m�ioyer`s iiability or commercia[ umbrel[a insurance abtained by �NGINEER pursua�t ta this agreement. d. Professional Lia�iility -� ENGINE�R shail maintain professional liability, a claims-made policy, with a minim�m af $�,QOD,�OO.�A p�r claim and aggregate. The poiicy shalE contain a retroactive date priar to the c[ate of the cantract or �he firsf dafe of se�v�ces to be perFormed, whichever is earlier. Co�erage shall be maintained for a periad of 5 years following the complet�on of the contract. An annual certificate of insurance specifically referencing this project shali be submitted to the CiTY for each year foflowing comp[etion of the contract. {2} GENERAL 1NSURANCE REQU(REMENTS a. Certificates of insurance evidencing that the �NG[NEER has obtained a[I required insurance shall �e attached fio this AGREEMENT prior to its executin�. b, Applicable policies shall be endorsed to name the CITY an Additional insured #herean, su�ject to any d�fense praWided by the palicy, as its �nterests may appear. The term CITY shall include its employees, officers, ofFEcials, agents, and �alunt�ers as respects the contracted services, Ciiy o€ Fort Worih, Texas Standard Agreemant for �ngineering Related �esign Seroices Revised {�ate: i�f.17.i7 Page 7 of i7 c. Certifiicate(s} of insurance sha[I document t1�at insurance co�erage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on par� af the CITY to aftach the required insurance docum�ntation h�r�ta shalf not constitut� a r�vai�er ofi the insurance requirements. e. A minimum of thir[y (3Q) days notice of cancellation or material change in co�erage sha[I be provided to #he CITY. A ten (10} days natice shall be acceptable in the e�ent of nan-paymeni of premium. Notice shalf be sent ta the respecti�e Department Direcior (by name}, City of Fort Worth, 2�0 Texas, For� Warth, Texas 7C102. f. Insurers far all policies must be au�horized to do b�asiness in the 5tate af Texas and haWe a mir�imum rating of A:V or greater, in the current A.M. Best Key Rating Guide or haue reasonably equivafer�t financia[ strength and solvency to the satisfiaction of Risk Managemen#. g. Any deductible or self insured retentior� in excess of $25,000.00 that wou(d char�ge ar after the requiremen�s herein is subject ta approval by the CITY in writing, if co�erage is nof pro�ided an a first-dallar basis. The ClTY, at it sole cliscrefion, may consent �o alternative coverage maintained fihrough insurance pools or ri�k retention gr�ups. D�dicafied financiai resources or letters af credit may also be acceptable fo t�te CITY. h. Applicabie �aoficies shall each �e endors�d with a wai�er of subrogation in fa�or of the CITY as respects fE�e PROJECT. i. The CITY shall be er�tiiled, upon its request and without incurring expense, to re�iew the ENGIN�ER's insurance policies inc[uding endorsemenfs thereto and, at the C[TY's discretion; fhe ENG[NE�R may be rec�uired ta �rovide �roof of insurance premium payments. j_ Lines of co�erage, other than Professior�al Liabilify, underwriften on a claims-made basis, shai[ contain a retroaciive date caincideni with or prior to the dafe tif fF�e contractua! agreement. The certificate af insurance shall state botl� the retroacti�e date ar�d that fihe cov�rage is cfaims-made. k. Caverages, whefher written on an occurrence or cfaims-made �asis, shafl be maintained withoc�� interruption nar restricti�e modification or c�anges from date nf cammencemenf of the PROJECT unfil finaf payment and termina#ion of any eoverage required to be maintained a�ter City of Fo�i Worth, Texas Standard Agreemert! for Engineering itelated Design Serv7ces Revised Date: 71.17.17 Paga 8 af 17 finaf paym�nts. The CiTY shaif not be respansible for ihe direct payment of any ins�arance premiums re�uired by this agreement. m. Sub consultants and subcontractors to/of the ENGlNEER shall be req�ired by the ENGINEER to maintain the same or reasonably equivalent insurar�ce coverage as required for the ENGlNEER. When sub cc�nsultantslsubcantractars maintain insurance coverage, ENGINEER shal[ provide ClTY vvith documentation thereof on a cer�ificate of insurance. L. lnc�ependen# Consultan# The ENG[NEER agrees ta perform a[I s�rvices as an independent consultant and nof as a subcontracfvr, agent, or employee of �he CfTY. The doctrine of respondeat superiorsha[I not appfy. M. Disclose�re The ENGINEER acknowledges to the CITY that it has made full disclasure in wriiing of ar�y exisiing conf[icts of interest ar potential car�flicfs of interesf, inc[uding p�rsonal financial inferest, direct or indirect, in properfiy abuiting the proposed PROJECT and busir�ess relations�ips with abut�ing proper�y cities. T�e ENGfNEER �€�rther ackr�owledges fhat it wifl maKe disclosure in writing of any conf[icts of interest thai de�efop subs�q�aenfi to the signing af tFtis contract and prior �a finai payment under the contract. N. Asb�stos ar Hazardaus Substances ('[) If asbestos or l�azardous substar�ces in any form are encountered or sttspected, the ENGINEER wiil stop its o�rvn work in the affecfied por�ions of the PROJECT to permit testing and e�alua#�on. �2} [f asbestos or oiher hazardous subsiances are suspected, the CITY may request the ENGINEER to assist in obtaining the services afi a qualified subcontractor to manage fhe remediation activities of the PROJECT. O. Permitt"rng Authorities - Design Changes if permifting authorifies require ciesign changes so as ta comply with published des�gn criteria andlor curreni engineering practice standards which the ENGINEER should have been aware af at the fime tl�is Agreemen� was exec�ted, the ENGINEER shall re�ise plans and specifications, as required, at its awn cost and expense. Hawever, if design City af Fprt Wo€1h, Texas Standard AgreemenE ior Engineering RelaEed Design SenriCes Revised Date: 11.17.17 Page e of 17 changes are required d�e to the changes in the permitting authorities' published desigr� criteria andlor practice standards criteria which are publis�ed after the da#e of this Agreement which fhe ENGINEER could not ha�e been reasonab[y aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made throug� an am�n�mer�t ta this AGREEMENT. P. Schedule ENGINEER shall manage fh� PROJECT in accordance wi#h the schedule de�eloped per Attachmenf D to this AGREEM�NT. Articl� V Obligations o'� the Ciiy Amendments to Article V, i� ar�y, are incl�ded in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and complefeness of the information provided �y the C[TY. B. Access to �acilities and Property The CiTY will maEce its facilities accessible to the EIVGINEER as required for #he ENGINEER's p�rFormanc� of iis s�ruices. The CITY wil[ p�rfarm, at no cnst to t�e ENGINEER, such tests of equipment, machinery, pipe(ines, and oth�r components of the C1TY's facilifi�s as may be required i� connection with fhe ENGINEEFt`s services. The CITY wili be respansib�e far al( acts of the C1TY's person�ef. C. AdverEisemen�.s, Permifs, and Access Unfess otherwise agreed to in the Scope of Ser�ices, the CfTY will ob�ain, arran�e, an� pay for alf advertisemer�ts for bids; permits and licenses required by IocaE, state, or federai autharities; and fand, easemenfs, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Tim�ly Rerr'r�w The C[TY wil[ exam[ne the ENGINEER's studies, re�orts, sketches, drawings, specifications, proposals, and other documents; obfain ad�ice of Ci(y of Foft Worth, Texas Siandard Agreemeni for Engineering Related �esign S�rvices Revised Qate: i 1.17.17 Page 1 U oF 17 an attorney, insurance caunselar, accountan#, auditar, bond and finaneial advisars, and other cnnst�ftants as the CITY deems appropriate; and render in writing decisions required by the CITY ir� a timely manner in accordance with the p�ojecfi schedule prepared ir� accordance wifi}� Attachment D. E, Prom�f Notice The CITY will give prompt wriiten naiice fia the ENGINEER whene�er CITY observes or becomes aware of any developmenf that afFects the scope or timing of the ENGENEER's seruices or af any defecf in fhe work of the ENGINEER or cnnstruction cor�tractors. F. Ashesfos or Hazardaus Substances Release, (1) CITY acknowledges ENGINEER wil[ perform par� of the wflrk at C1TY's faciiities that may cantain hazardous materia(s, including asbestos cor�taining materia(s, ar conditions, and that ENGINEER hac{ no prior role ir� �he ger�eration, treatment, storage, or dispositian of such materiais. In cor�sideration of fihe associated risks that may giue rise ta claims by ihird parties or employees of Ci#y, City hereby releases ENGINEER from any �amage ar liabi(ity re[aied to the presence of such maferials. (2) The release re�uired aboue shall not a�ply in the e�ent tha �ischarge, release or escape of hazarctous su}�stances, contaminants, or asbestas is a resulfi of ENGINEER's negligenc� or if ENGfNEER brings such hazardous substance, con#aminant or asbestos onto the �rojecfi. G. Coniractor Indemnification anci Claims The CITY agre�s to include in afl construction contracts the provisions o� Article IV.E. regardir�g the ENG[NEER`s Personnel at Consfrucfion Sife, and provisions providing for contractor indemnification of the C1TY and ihe ENG[NEER for cnnfracior's negligence. H. Contractor Claims and Third-Party Beneficiaries (1} The CITY agrees to include the following clause in al! contracts with canstruction contractors and equipment or rnaterials suppliers_ "Contractors, subcontractors and ec{uipment and materiais suppliers on the PR�JECT, or their s�areties, shall maintain no direct action agair�st fhe ENGINEER, its officers, employees, and subcontractors, for any claim arising oui ofi, in connection wit�, or resulting from the engineering services performed. Only the CITY will be fihe beneficiary City of Fort Worth, iexas Siandard Agreement for Engineering Reiaie[i �esign Services Revised ➢ate: 1't.17.17 Page 11 of 17 of any undertaking by the ENG[NEER." (2) This AGREEMENT gives no rights or benefifis ta anyone other than the CITY and the ENGINEER and there are no third-�arty beneficiaries. (3) The CiTY will inc[ude in each agreement it enfers inta with any other entity or persor� regardir�g fihe PROJECT a pro�ision that such entity or persor� shall ha�e no third-party bene�iciary rights under ihis Agreemeni. (4) Nothing contained in this Section H. shall be construed as a waiver of any right tY�e CITY has fo bring a claim against �NGINEER. 1. Cfl"Y's Insurar�ce (1) The GITY may maintain property insurance on cer�ain pre-existing strucfi�res associated with the PROJECT. {2) The CITY may secure Builders Risiclfnstallatian insurance at the r�plac�menf cost �alue of the PROJECT. The C1TY may prauide ENGIIVEER a copy of the policy or documentatian of such on a cerfificate nf insurance. (3) The CITY will specify that the Buifders Risk/lnstalla#ion insurance shall be camprel�ensive in cov�rag� appropriate to the PROJECT risks. J. Liiigation Assistance The Scope of Services does not include costs of �he ENGINEER for required or requesied assistance to supparfi, prepare, doeument, bring, defend, or assist in iitigafion undertaKer� or defer�ded by the CITY. In the event C1TY requests such services of the ENG[NEER, fhis AGREEMENT shall be amended or a separate agreement will be negotiated beiween the parti�s. K. Changes The CITY may make or approve char�ges within fihe ge�eral Scape of Services in fihis AGREEMENT. ]f such changes afFect ihe ENGINEER's cost of or time required far perFormance of the services, an equitabl� adjustment wil( be made ihrough an amendm�nt to this AGR�EMENT with appropriate C[TY approvai. City af Fort Wosih, Texas Sfandard Agreemen3 for Englneering Related Design Ser�ices 12evised €7a€e: 1 L17.17 Page 12 a# 97 Article Vl Genera� L�ga[ Prorrisions Amendments to Article VI, if any, are inciuded in Attachment C. A, Author[zation ta Procee� ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a wriiten Notic� ta Proceed from the CITY. B. Reuse of Project Docurr�en�s A!1 designs, drawings, specifications, documents, and o#her work prc�ducts af the ENGINEER, whether in hard copy or in electrnr�ie form, are instruments of se�vice for �his PROJECT, whetF�er the PROJECT is completed or nofi. Reuse, change, ar alteratian by tha CITY or by others actir�g through ar ort behal� of the CITY of any such instruments af service without the written permissian of the ENGIN�ER will be at the C1TY's sale risk. TY�e C[TY shalf own the final designs, drawings, specifications and documents. C. Farce Majeure The ENG[NEER is not responsible for darr�ages or deiay in performance caused by acts �f Go�, s�rikes, lockouts, acciden#s, or ofher evenfs beyond the contral of �he ENGINEER thaf pr�ver�t ENG[NEER's performance of its obligations her�ur�der. D. Termination (1) Tnis AGREEM�NT may be terminated a.) by ihe City far its canvenienc� upon 30 days' written notic� ta ENGINEER. �.) by either the CITY or the ENGINEER for cause if either party fails substantially fo perfarm thro�agh no faul� of tl�e other and t�e nanperfarming party does not commenc� correction of sucl� nonperformance within 5 days' written nofiee or thereafter faifs ta diligently camplete the correction. (2) If this AGREEMENT �s terminated for the convenience af the City, tl�e ENGINEER wil[ be paid far termination expenses as follows: a.} Cost of reproduction of pa�tial or comp[ete studies, plans, specificatians or ofher forms of ENGINEER'S work pro�uct; Ciiy of Fori Worth, 7exas Standard Agreament for Engineering Etelated pesign Services Revised Date: 11.17.'17 Page 13 of 17 b.} Out-of-pocket expenses for purchasing efec#ronic data fiies and otl�er data storage supplies or services, c.) The time requiremen#s for the ENGINEER'S personnef to document the work underway at the #ime of the CITY'S terminatian for con�enience so that the work effort is suifiable for long time starage. (3) Prior to proceeding wi�h termir�afiion services, the ENGfNEER wil( submit to the CITY an itemized sta�ement of all fermir�ation expens�s. The C(TY'S approva! will be obtained in writing �riar ta praceeding wit� termination s�rvices. E. Sus�ension, Delay, ar [nterruption to V1lork The CITY may suspend, delay, or interrupf the services of the ENGINEER for tl�e convenience af fhe CfTY. fn the euent of such suspension, delay, or interru�tian, an equita�le adjustment in the PROJECT`s schedule, commitment and cost of th� ENGINEER's personnel and subcontractors, and ENGINEER's eamper�satian will be made. F. Indemnifca#ion In accordance with Texas Lacal Government Code Section 279.9D4, the ENGINEER shalf inderr�nify or hold harmless the CITY against [iahility fior any damage committed by the ENGINEER or ENGtNEER's agent, consuftan� under contract, or at�other enti#y over which ihe ENGCNEER exercises contral to the extent that th� damag� is caused by or resulting fro� an acfi of negligence, intentional tort, ir��ell�ctual property infringement, or faiture to pay a subcontractor or supplier. C[TY is �ntitt�d to recov�r i�s reasonab�e attorney's fees in proportion fo the ENGINEER's 1ia�ility. G. Assignment Neither party shali assign all ar any part of this AGREEMENT wEthouf the prior wriften consen# of the afher party. H. Jurisdiction The law of the State of Texas shall gavern the �afidity of ti�is AGREEMENT, it� interpr�tation and performance, and any �ther claims rela#ed ta i�. The �enue for any li#igation related ta this AGREEMENT shall be Tarrant County, City of Fort Worih, Texas Standard Agrcemeni for Engineedng Refated Design Services R�vised Date: 1 i.17.1'7 Page 14 of 17 Texas. I. Severabilii�r and Sur�iVal ff any of the �ro�isians contained in this AGREEMENT are held for any reason ta be in�alid, illegal, or unenforceable in any respecf, SUCI1 i�7V��lE�lt]/, illegality, or unenforceability will not afFec� any other provision, and this AGREEMENT shall be constr�aed as if such invalid, illegal, ar unenforceable pro�is�on had never been contained herein. A�#icles V.F., VI.B., VI.D., V1.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any caus�. J. Obsenr� and Comply ENGINEER shall at all time� observe anc[ com}�iy with alf federal and 5tate (aws and regulatipns and wiih a[I Cify ordinar�ces and regulations which in any way affect this AGREEMENT and fihe work h�reunder, and shail olaserve and comply wifh all orders, laws ordinances artd regulafians which may exist or may be enacted fater by go�erning bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ig�orance thereof sha[I be cansid�red. ENGINEER agr�es ta defend, indemnify and hold harmiess CITY and all of its afficers, agents and em�foyees from and against ali claims or liability arising a�t of th� �iolatior� of any such order, law, ordinance, or regulation, whether it be by itseif or its emplc�yees. K. lmmigrafiion Nationality Act ENGINEER shall verify the identity and �mpiayment eligibifity of its ernployees vvho perform work ttnder this Agreement, including comp[efiing the Empioyment Eligibififiy Verification Form (I-9). Upon request by CITY, ENGINE�R shall provide C[TY with cnpies nf all I-�9 forms and supportir�g eligibi[ity documentatian for �ach employee wha perForms wQric under ihis Agreemen�, ENGINEER shall adhere to all Federal and Sfate laws as well as establisY� appropriate procedures and controls so that no services will �e performed �y any ENG[NEER employee whc� is not legally �ligil�f� tv perForm such s�rvices. ENGINEER SHALL INDEMNIFY CITY AN� HOLD CITY HARMLESS FROt!!I ANY PENALTIES, LtABiL1TIES, �R LOSSES Dl1E TO VIOLATIONS OF TH[S PARAGRAPH BY ENG[NEER, ENGINEER'S EIVIPL�YEES, SUBCONTRAGTORS, AGENTS, {}R L.ICENSEES. C1TY, upon written notice to ENGINEER, shall l�ave the right to immediatefy terminate tt�is Agreement for violatians of this provision �y ENGfNEER. �,. Prohibi�ion On Corttrac�s Wit� Campanies Boycott`rng Israel ENGINEER ac�Cnowledges tha# in accordance wifh Chapter 2270 af the City of Fort Warth, Texas Standard Agreement for Engineering Related DeslgR Senrices Revised pate: 11.17.17 Page 15 of 17 Texas Gouernmer�t Code, CITY is prohibited firom entering ir�ta a contract wifh a compa�y for goods or services unless the contracfi confains a writfen �erification from the company that it: (�) does r�nf �oycott [srael; and (2) will not boycatt Israel during the term of the cantract. The terms "boycott lsraeP' and "company" shall ha�e t�te meanings ascribed to fhose fierms in S@C�iQtl 808.00� of fhe Texas Government Cad�. By signing fhis confract, ENGINEER certifies fhaf ENGINFER'S signature provides wr'iften verification to the CITY �hat EN'GINEER. (1) does nof boycoff Israel; and (2) flE/,fII l70� bOj/CO��' i5l"�eI Cili1"Itl� tf1� t�rm of fh� contracf. This AGREEMENT, including its attachments and schedules, cansfitutes #h� entir� AGREEMENT, which supersedes al[ prior wrifiten or oral unders�andings, and may only be changed �y a writt�r� amc�r�dmeni executed �y both parties. This AGREEMENT may be executed in one or more cot�nterparts and each counterpart shall, for al! purposes, f�e deerned an ariginaf, bui ail such caunt�rparts shall tog�iher canstifute hui one and the same instrumer�t. The following attachments and schedules are hereby made a par� of this AGREEMENT: Attachment A � Scape o# Ser�ices Attachment B � Compensation Attachment C- Amendments to 8tandard Agreemenf for �ngineering Services Attachment D - Projeet Sched�le Attachrrient E - Location Map City of Fori Worth, Te�ras Standard Agreemenf for Engineering Related �esign Serv€ces Revlsed �ate: 11.17.97 Page 16 af 17 Duly execuied by each party's designated representafi�e ta ba effecfive or� the date suE�scribed by the City's designated Assistartt City Manager. BY: CITY Q� FORT WC)RTH ba�w scu�A�iva� o;,,� � rs i i r;�{ ,;� ; i� Dana Burghdoff Assistant City Manager Apr 5, 2021 Dafie: APPROVAL. RECOMMENDED: Cl��isto.�G�e� �f��le� o Chr'i'sto��hcr H� rdcr (Niar31, 2021 0952 CDT) LJy' Chis Harder, P. �., Direcfor Water Departmer�t Contract Compliance Manager: By signing, 1 acknawledge that I am the persQn responsible for the monitoring and administraiion of this ca�tracf, including ensuring a!I �erformar�ce and re�arting requirements. 7�-�. GJ� �^ Leon Wifson, P.E. Project Manager APPROVED AS T� ��RM AND LEGAf�ITY 6�/�i flRla<k �."upi 1. JUJ1 13:J^, C�T'� By. Doug Black, Sr Assis�ant City Attorney ATTEST: ✓l��-�� _ ,�a� FORr �� p �F000000000�Lda �.�.o° °°� �� �o o��� 0 o � vo ° � ° oo ��, �d� ��°°�00000� .� �n TEXA`'��,��'� BY: ENGINEER Kimley-Harn and Associate�, Inc. � �� J� G enn A. Gary, P.E. Senior Vice Presid�nt Date:�.�(� '�.� Farm '[295 No. N/A Mary J. Kayser City Secretary Clty af Fori Worth, Texas Standard Ag�eement fo� Engineering Related design Services Revised Date: 1'1.17.i7 Page 17 of 97 M&C No.: NIA M&C Date: NIA OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENTA DESIGN SERVICES FOR TRINITY INDUSTRIES SANITARY SEWER IMPROVEMENTS CITY PROJECT NO.: 102082 ATTACHMENT A Scope for Enqineerinq Desiqn Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR TRINITY INDUSTRIES SANITARY SEWER IMPROVEMENTS CITY PROJECT NO.: 102082 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED PROJECT DESCRIPTION: The ENGINEER will provide design, easements, survey, and construction phase services for sanitary sewer construction within the Trinity Industries property. Approximately 1,100 linear feet of 8" sanitary sewer mains will be replaced. Task 1. Design Management Task 2. Conceptual Design — None Task 3. Preliminary Design Task 4. Final Design and Construction Document Preparation Task 5. Bid Phase Services — None Task 6. Construction Phase Services Task 7. Record Drawings and Closeout Task 8. ROW/Easement Services Task 9. Survey TASK 1. DESIGN MANAGEMENT. 1.1. Project Administration • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct review meetings with the CITY at the end of each design phase • Monthly coordination meetings with the CITY • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Water Department. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 11 ATfACHM�NTA L1ES[GN SERVICES �OR TRiNITY [NQUSFRIES SANITARY SEWER IMPROVEMENTS CIiY PR{iJkCT Np.: 3U20A2 • Prepare and submit bas�;lin� Projeci Schedule initiaily, and Project Schedule �pdaies with a schedule narrati�e monthly, as required in Aftachment D to this Standard Agreement and according to the City of �art Worth's Schedule Guidance Document. p Coordinaie with oiher agencies and entities as neeessary for the desigr� of the praposed infrasfructure, and pro�ide and abtain irtformation needed to prepare the desigr� � With respec� to coordinatian with permittir�g authorities, ENGIN�ER sl�a[[ communicate with permitting authorities suci� that their regulatary requirements are appropriate[y refiected in the designs. �NGINEER shall work with reg�latary authnri�ies to abtain appror�al of fihe desigr€s, and make ct�anges necessary to rneet their requirements, as part of #he design scope. @ P�rsor�n�l and V�hicfe ldentificaiion; When conducting sit� visits to tl�e project location, tE�e �NGINEER or ar�y of its sub-consuliants shalf carry reaciily visible informa#ion identifying the name of #he company and the company representati�e. • C�ordinate SB� and non-SB� Subconsuftants to complete the scope of ser�ices. A5SUMPTIONS • 3 meetings with cify staff CIE�.IVERABLES A. Mee�ir�g summaries with actior� items B. Mor�thly inuoices TASK 2. CONCEPTUA�. �ES1GN. None. TASK 3. PR�L.IMINARY ��SIGN {Fiq PERC�NT). Preliminary plans and specifeafions shall be submi#ted to CITY per fh� approved Project Schedule. ENGINEER will develop the prelirr�inary desig� af fih� infrastructure as follows. �.1, [�aue[apmeni of Preliminary Design �rawings and Specificatians shal( include the f�llowir�g: e Co�er Sheet A Proiect Control Shee#, s�awing ail Control Points, used or set whi[e gathering data. Generally or� a scafe of not I�ss than 1:400. The foilowing information shalE be mdica#ed for each Confrol Point: fdentifed (existir�g City Monument #8901, PK Naif, 518" Iron Rod); X, Y and Z Coordinatas, in an ider�tifed coordinate system, and a referred bearing base. Z coordinaie on City Daturn only; descripti�e loca�inn (i.e. set in the centar[ine of the infet ir� #he So�th curb line of North Side Dri�e at the Cify o( Fort Worfh, rexas Attachment A RMO Release pate: 08.1.2074 Page 2 of t 9 A37ACHMENT A �ES(Ghi SERViCES FOR TRfNITY IN011STR1�S SP.RtiARY SEWER iMPROVEMENT5 CITY PROJ�CT NO.: 102092 Easfi end of radius at the Southeast corner of North Side Drive and Narth Main Sfreet). • O�erall praiect easement iavout sheet(s) with praperty owner infarmatian. • ��erail ro'ect water andlor sanita sewer la out sheets. The water layout sheet shall identify the praposed water main improverrientl exis#ing water mains in the vicinity at�d a(I water appurkenances along with pressure plane boundaries, water tanks, pump stafiions, vaf�es, and fre hydranis. The sewer layou# sheet shall identify fihe praposed sewer rt�ain impro�err�entlexisting sewer rnains and a[I sewer appu�tenances in the �vicinity. o O�erall water andlor sanitary sewer abandanment sheet. • Coordinates or� ali P.G.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittir�gs, etc., in ihe same coordir�ate system as the Control Paints. • B�r�eh marks per 1,fl00 �t of planlpro�le sheet — twa or more. • Bearinqs gi�en at� alf proposed centerfnes, or baseEines, • Statian e uations refatir�g utifities to paving, when appropriate. • Plan and profile sheets w�ich show the following: proposed water andbr sanitary sewer planlprofile and recommended pipe size, fire hydrants, water service lines and t��ter boxes, gate �a[�es, isolaiion �alves, manhofes, existing me#er numbers and sizes that are to be replaced, existing sarnple loea#ians, existirtg fire line laca#ians, existing utilities and utility easements, and al( pertir�ent information r�eeded to construct the praject. �.egaf descripiion (L.ot Nas., Block Nos., and Addition Rlames} a[ong with proper#y ownership shall be provided an the plan view. The �NGIN��R shall make pra�isions for reconnectir�g all identifiable water anrilor was#ewater service lines whic}� cannect directly to any rnain being replaced, including r�p[acement of existing service lines wiihin Cify rigl�i-ofi way ar uti[ity easemen#. When the existing alignmeni of a water and sanifary sewer main or la#eral is ehanged, pro�isions will be made in the final pfans andlor sp�cifications by the �NGINEER io relocate ali service lines which are c�nnectect to the existing main and connect said s�r�ice lines tn th� r�located mair�. The following shaii be applicaE�le at ali locations where it is necessary to reloca�e or r�route the existing pri�ate sanitary sewer service line due fio the abandonmeni or realignment of the existirtg public sanifary sewer lat�rai ar main: The CfTY sha[f furnish the �NG1iVEER with a sample forma# of how the sewer s�rvice line reroutelrelocation shou[d be designed and subrnitted for construction. D�ring cl�sign survey, if a rad can be ir�ser�ed through tha cleanaut to the battom of the serwice line, the �NGINEER will obiain #he �iaw Eine ele�ation and d�sign the service fine priar to adverfising the project for bid. If the service flow line inforrnation cannot be abtai�ed during design survey, the �NGfNE�R shall delay the design of the sew�r service fin� ur�til after a Qua[ity Level A 5ubsurface Utility �nginesring {SUE in�esiigation has been perFormedj. The Le�el A SUE will be performed; (1) by the ENGIN��R if included in the fee proposal; or (2) by the CITY prior fo bidding if the C1TY determines that it is needed far satisfactory City o# Fort Worth, Texas Attachment A PMO ite9ease Date: 08.1.2014 page 3 of 1'f ATTACHMENTA ❑ESIGN SERVICES FOR T§ZINITY INDl1STRIES SANI'IACt'r SELVER Ih+PROVEh1�NTS CiTY PRDJECT NO.: 102082 campletion of the design; or (3) by the Contractor after the project has be�n bid, by means of a bid item to thak effect. In all aptions, the ENGINEER shall propose appropriate exploratary exca�ation locations in the projact and collect #low line efe�ation and other applicable inforrnation of the sew�r seivice line. The ENG[N��f� shall use this informatio� to provide the design for the sanitary sewer ser�ice line ia be rerouted or relocated. • Pro�ide map shawing ]ocation of n�w manhole construction at the encE of existing sewer segments, 90-degree bends, or tee connections. Site survey or specifiic design plans for manhaEe cansfruction is r�ot incfuded as part of the scope, The contract documents shall specify that it is the Contractor's respansibility to coordinate uii[�ty location, efc. manhole construction. 7�e ENGINEER will pre�are stanciard and special detail sheets fior water line insfiallation anc[ s�wer rehabili#ation or replacement fhat are not already includeci in the CITY's sfandard details. Thes� may ir�clude cannection defails beiween �arious parts of the projecf, tunneling detai�s, boring and jacking details, waterline re�ocations, details unique to the canstructian af the project, tren�chless details, and s�ecial service lat�ral reconnections. 3.2. Ufilify Clearance • None. ASSUMPTIOIVS • Two (2) sets af 22 x 24 size plans will be delivered fart�e Preliminary Design (60°/a d�sign). • DWF files created from design CAD drawings will be uploaded to fhe d�signat�d project folder in BIM360. • Th� CITY's emergency contract specifications will be used. �'he �NGIN��R shal[ supplement fhe technica! specifications if needed. • Zera (0) sets of drawings will be deli�ered for Utility Clearance. • ENGIRlEER shall not �rocesd witF� Fina[ Design ac#ivities without wri#fen approval by the CITY of #he Preliminary Design plans. DE�IVERABLES A. Preliminary Design drawings B. Erosion Control Plan for contractor's preparation of a Storm Water Pollution F'revention P[an C. Data Base listing names and addresses of residenis and husinesses affected by fhe project. TASK 4. FINAL G�tJSTRUCTION DOCUM�NTS (10q P�RC�NTj. City of Fo�i Worth, Texas Aflachment A PMO Release Dala: 09.12014 Page 4 of 11 ATfACHM�NT A OESIGN SERVICES FOR TRIN['(Y 1Nb[35TRIES SAh€ITARY SEWEp IMPRDVEASENTS C[TYPRQJECTNQ,: {OZQB2 IJpon approval afifhe Prelirrtinary plans, ENGINEER will prepare constructian p(ans as follows: • The �NGINE�R s�tall subrriit Construction bocuments (1 �0%) ta ihe CITY per the approved Project 5chedule. Each p[an she�t shall be stamped, dafed, and signed by the ENGINEER registered in 5tate of Texas. • 7he �NGlN��R shall su�mit a final design estimate of probable canstruction eost with fh� 1U0% design packages. This estirnate shall use ONLY standard CITY bid if�ms. ASSUMPTIONS • Two (2) sets �f 22 x 34 size drawings wil[ be deli��red for fhe 100% Design packag�. + A �WF fiie far t�e 100°1� �esign wifl be created from design CAD drawings and wil! be uploaded ta the project folder in Buzzsaw. •�ina! sheet list: co�er, index and general notes, contro! and benchmarks, averall lacation and proposed sheet reference, a�erall existing {water & sanitary sevder) (2), li�e abandanment (1), pian and prafiles (2), and detai( sheets. �ELIVERABLES A. 'f0a% construcfion plans. B. Surt�rnaries of bid items and quantities using the ClTY's star�dard bid items and forrnat. TASK 5. BID PHAS� S�RVICES, ►f�.CTiT� TASK 6, GONSTRUCT[ON PHASE SERVICES. ENGINEER wii) support the construction phase of tt�e �rojeci as follows. 6.1. Consiruetion Sup�aor# • The Ef�GfNEER shall attend th� precnnstruction cnnference. s A#ter the pre-construction conference, the ENGIN��R shall provide praject exhibifs and at�end public meeting to help expfain th�; proposed projeci to residents. The CITY shall select a suitable location and mail #he invitation fet�ers to the afiecied customers. o Prepare and disfiribute Meeting f�otes. • On-site Observation • Make up io one (1) site visits a� intervals as directed E�y CITY in ord�r ta observe the progress of the work_ city ot Fart Worth, rexas Attachment A PMO Release i�ate: 08.9.2014 Page 5 of 11 ATfACHMENT A nESIGN SERVICES F4R TRiNITY INUUSTRIES SANITHRY SENIER IMPROVE�SENFS CITY PROJECT NL1.: 7D2U82 Such visits and observatians by ENGINEER are not intended ta be exhaustive or to e�cier�d to every aspect of Contractor`s work in progress. Observations ar� #o be limited to spot checking, selective measurement, and similar rnefihods of genera[ abserva#ion of the Work based on ENGINEER'S exercise af professional judgment. Based on infarrnation obtained during such �isits and such abservations, �NGINE�R will e�aluate whether Cor�tractor's worl� is generally prnce:�ding in accordance with the Cantract Doc�menis, and ENGINEER will I<��p CITY informed of ihe general progress vf the Work. The purpose of �NGIN��R'S site visits wi[I be #o enable ENGINEER io better carry nut the duties and respansibilities specifically assigned in fhis Agreem�nf to �NG1N��R, and to pro�ide CIT'Y a greater degree of confidenee that the completed Wark will conforrn in general to the Contract Documenis. E�IGlNEER shall not, during such vis�ts or as a rescalt �f suc� observations of Contractar's work in progress, supervise, direct, or ha�e control ouer Contractor's work, nor shall ENGINEER ha�e auihority o�er or responsibility for #he means, methods, techniqu�s, equipment choice and usage, SBCjU2i1C�S, scheduies, ar procedures of canstruction se[ected by Cnntractor, for safefy precautions and programs incident �o Contractar's wark, nor for any failure ofi Contractflr ta comp[y with laws and reguia�ions applicabfe to Contractor's f�rnishing and perfarmir�g the Work. Accordingly, ENGINEER neither guarar�tees the performance of any Cantractor nor assumes responsibiliiy for any Contractor's failure to furnish and perform iis v�ork in accordance with the Contract �ocum�nts. e Progress Meetings e None, o Shop drawEng, samples and other submittals Re�iew Review up to twn (2) shop drawings, samplas ar�d other submitta(s submitted by the contractor for general conforr�ance with ihe design concepts and ger�eral compliance with the require�nents of the contraet for construction. Such re�iew, appro�ais or otE�er action will not e�end tn means, me#hads, techniques, equipment choice and usage, sequences, schedules, or procedur�s af cnnstruction or to related safety precautions and pragrams and sha(I not re[ie�e the Cantractar from its respor�sibiiity for perFormance in accordance with the contract for aansiruction, nor is such review a guarantee that the woric co�ered by the shop drawings, samplss and submiitals is free af errors, inconsistencies or omissions. o Log all shap drawings, samples and ather submiitafs. e�ry or �ort wortn, T�xas AftachmenE A PMO Retease Date: 08,1,201A Page 6 of 11 ATFACHMENT A OESIGN SERVICES FOR TRINkTY fNpUSTRIE3 SAtJITARY SEWER Ih1PRQV�MEN3'S C€7Y PROJECF hi0.:1�2082 � SEI�B�ltl3t10i15 • �i011B. • Requ�st for inForrnation {RFI): • Pravide necessary interpratations and clari#ications of cantract dacuments, and make recommendations as fo fhe acceptabifity ofi th� wnrk for up to ane (1) RFPs. ENGlNEER wi[I respond to reasonable and appropriate Contractor requests for information and issue necessary clarifica#ions and interpretations of the Contracf Documents ta C(TY as appropriate to the orderly co�pletion of Cor�tractor's wark. Any arders authorizing �ariafions from #he Contract �ocuments wil! be rrtade by C[TY. � Change Orders • None. • �'inal PROJ�CT Walk Through • Attend the "Finai" PROJ�CT Part walk through and assisf with preparatian af final punch list. Attend one (1) final site �isit to determine if the carnp(efieci Work of Co�#ractor is generally in accordance with the Cantract �oc€�rnents. •�NGINEER s�talf not be responsible for the acts or omissions af any Contractar, or of any of tt�eir subcontractors, suppiiers, or of any other individua[ or entity p�rforming or furnishing the Work. ENGINEER shaEi not ha�e the aut�tarity or responsibility tc� stop the work af any Cot�iractor'. ASSUMPTIONS • 2 Shop drawings submittals are assumed. • 1 R�I's are assumed. • 0 Change Qrders are assumed �ELNERABLES A. Response to Contractor`s Requesi for fnformation B. Re�iew of shop drawings C. Final Punch List ite�s TASK 7. RECORD DRAWINGS. ENGINEER will pro�ide �he follawing for recard drawings anc[ project c[oseout: 7.9 Record Drawings City of Fori Worth, Texas AEiachment A Ph/�Q Release f�ate: Q8.1.2Qi4 Page 7 of 11 AFTACHMENT A UES[GN SERVICES FOR TRfNITY fNDU5TRIES SAHi7ARY SEWEk IMpROVEM�N75 CI3Y PR(iJECT N0.;1�2p82 • The ENGlNEER shall prepare Record Drawings from information pro�ided by the CITY depicting ar�y changes made to the Final �rawings during constructinn. The following infarmation shaff be �rovided by the CITY: • As-Buili Survey • Red-�.ine Markups frarn Con#ractor • Rec!-Line Markups from City lnspectnr • Copies af Appraved Change Orders p Apprav�d Substitutions • 7he ENGIN��R shall madify ihe Final Drawings elee#ronically and shaif place a stamp or� ti�e pEar�s inc{icating thafi they represent Record Drawings of #he project as canstructed. The stamp sl�ail b�: sign�d and dat�d by fihe �NGINEER and sha[I be placed on each plan sheet, whether there are any reWisions on the sheet or no#. Each sheet sha91 clearly indicate all changes which apply ta that sheet by clouding anc� numbering, or other s�itabfe means. • The following disclaimer shali be included with the Record Drawirtg stamp: • Th�se Record �rawings were prepared using inforr�ation pravided by others and r�present the as constructed conditions to the extent t�at docurrrented changes were provided far recarding. The EEVGINEER assumes no liability for undocumented changes and certifies or�ly that ttte dacumented changes are accurately depicted o� these drawings. • The ENGINEER shall submit a set of seafed Final Drawings, rrtodified and starr�ped as Recard Drawings, on mylar for record s�orage. The �NGI NEER may keep copies of the information pro�ided by the C1TY for their fiEes, k�ut alf origina[ red-lined drawings shall be returned to the CITY wiih the mylars. ASSUMP710N5 e One copy of fuEl siz� (22"x34") mylars wifl be deli�ered to the CITY. DELiV�RABL�S A. Record Drawings an Myiar B. PDF ar�d DWF Record Drawings �fes will be €aploaded to Buzzsaw. C. G15 shapefiles wil[ be provided ta the City in .shp format. D. Appro�ed Pipe Shop Drawings. TASK 8, RQWIEASEMENT S�RVIC�S. �NGINEER will support and per#arm actiuities related ta ROW and [and as outlined below, per scoping direction and guidance from the CI7Y's Project Manager. 8.1. Righf-of Way Research Ciiy of Fori Worth, Texas Attachnlent A PMO Releass �ate: 08.i.2014 Pageeofti ATTACHMENTA DESIGN SERUICES FOR TRINITY!N�USTRIFS SANIIARY SEWER Ih1PR0UEh1ENTS GIN PRO.I�CT tJO.: 102082 • The ENGINEER shalf deterrr�ine rights-of-way, easaments needs for construction of the prnject. Required temporary and p�rmanent easements wil[ �e identified based on a�ailable informafion and recommendations wilf be made for ap}�roval by the CITY. 8.2. Right-of-�lVaylEasemer�t Preparation and Submittal. • T'he �NGINE�R shall prepare dacuments to be used to obtain right-of-way and parmanant andlor temporary easerrients required to construct #i�e improverrtenfs, • Ti�e �NGIN��R shall su�mit the right-af-way andlor easemertt documents to CITY PM for real properfy acquisition • The documentation shaEl be pro�ided in conformance with the checklists and templates a�ailab[e on the CITY's Buzzsaw site. ASSUMPTIONS + One (9) sanitary sewer easements. • Up to one (1) temporary rignt-of-antry documents will �e necessary. Right-�f-Way researci� and mapping includes re�iew of propertylright-of-way records based on current internet based Tarranf A�praisal District (TAD) information a�ailable at the star� of the project and available on-ground proper�y infarmation (i.e. iron rods, fences, stakes, etc.}, Ifi does not include efFort for chain of title research, par�nt track research, additional research for easements not included in the TAD, righf-of-way takings, easement �acations and abandonments, right-of-way �acations, and street closures. TASK 9. SURVEY. ENG]NEER will provide survey support as fallows. 9.�. Dasign Survey �NGINEER will perform field surveys to coilect horizontal and vertical eEevations and other information ne�d�d by ENGINEER in design and preparation of �lans for the project. [nforrnafion gathered during ihe sur�ey shali include topographic data, efe�atians ofi al! sani#ary and adjacent storm sewers, rimlinvert elevations, location of buried utiliti�s, sti�uctures, trees (measure caliper, identify overall canopy, and have qualified arhorist identifiy species of tre�s), and other feafures releuant to khe fina� plan sheets. ExEsting drainage at inkersections will be verified by field surveys. Spot elevatians wil] be shown on intersection layau#s with cross slope to fif int�rsecting grade lines. • The minirr�um su�vey information to be pro�ided on the plans shall include t�e following: • A Project Canfrol Si�eet, showing ALL Conirol Points, used or set while gathering data. Generally on a scale of not less than 1;400: City of Fort Worth, iexas Ariachment A PNiO Refease Qate: OB.t.2014 Page 9 of 11 ATfACHMkNTA ❑�SIGN SERVICES �OR TRtNIFY f�]Ot€STRIES SANIFARY SEWER IMPROVEl�ENTS CETY PRddECTNO.; iU2U82 • The fallowing informatian about each Controi Po[nf; a Ideniifiied (Existing. CITY Monument #8901, �'K Nail, 518" Iron Rod) • X, Y and Z Coardinates, in an identified coordinate system, an� a referred bearing i�ase. � coorcfinate on CITY Dat�m oniy. • �escriptiv� Location (Ex. Set in the centerline of the inle# in the South curE� line of North Side Dri�e at the East end of radius at the 5oufheast carner of Nor�h Side �ri�e ar�d Narth Main Street}, • Coordi�ates on alf P.C.'s, P.T.'s, P.I.'s, Manhoies, Vaives, etc., in the same coordinate system, as fhe Control. • No [ess tha�t two �arizantal bench marks, per line or focation. • Bearings gi�en on a[I propased eenferlines, or baselines. m Station equations relating utilities ta paving, when apprapriate, • Temporary Right of Entry Preparation and 5ubmittal • Prior to er�tering property, the �NGIN��R shall prepare and submit Temporary Right of Entry far landowners to C1TY PM. • The doc�mentatian shail be pra�ided in conformance with the checklists and iernpfates available on the CITY's C3uzzsaw site. ASS11�11fPT14NS e Topograp�ic survey wiil �xtend from the tie ins to �he existing rr�anholes and 1 �-ft beyor�d. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Te�nporary Rigi�t-of-Entry Letters. ADDITIONAL SERVICES NOT INCLUDED TN THE EXTSTING SC4�� �F SERVICES Additional Services rtat included in ihe existin Sca e of Services — CITY and EfVGiNEER agre� ihai the fa!lawing services are beyand the Scope of Ser�ices described in the tasks above. Howe�er, ENGINEER can provide these servic�s, if needed, upon t�e CI�'Y's writter� req�est. Any additional amnunts paid to fhe ENGINEER as a resul# of any material char�ge to the Scc�pe of the Projec# shall be agreed upan in writing E�y both parties befare the s�rvices are perFarmed. These additi�nal services include ihe foffowing: a Construction Phase Services • Preparation of permanent andlor temporary easement documents. City af Fort Worth, Texas Attaahmeni A PMO Release Dafe: (l8.1.2014 Pega 10 af 11 ATTACNMENTA �ES1GN 5ERVICES FOR TRIiJITY INnIISTRIES SANITkRYSEWER In1PROVe�AEFlTS CI]Y PROJeC7 NO.: 102082 • Services related to acquiring real property inciuding �aut not lirnited to easements, right-of- way, and/or temporary right-of-entries. + 5�r�ic�s relat�d ta de�eloprnent af the CITY's project financing andlor budget. • Geotechnical engineering services, • Services related to disputes o�er �re-qualification, i�id protests, bid rejection and re- bidding of the contract for consfruction. • Constructian management and inspection services • PerFormance of materials testing or specialty testing services, • Services necessary due to the default of fE�e Contractor. • 5erv�ces relat�d to darr�ages caused by #ire, fiood, earthqual<e or other acts of God. • Services related to warranty claims, enforce�nent and inspection after final completion. • Services reiated to Sur�ey Construction Sfaking • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Pe�formance of miscellaneous and supplemental services related to the project as reguested by the CITY. City o( Fort Worth, Texas AHaahmeni A PM4 Release Data: 08.1.2014 Page 11 of 11 I AiTACHMENT B COMPENSAiiO�l �esign S�rvices far 7rinity lndustries Saniiary Sewer [mprovements City Praject No. 1a2082 Time and Materials with Rate Schedule Project I, Compensation A. T}�e �NGIN��R shall be campensated for personnel tirrte, non-labar expenses, and subcontract expenses in perForming services enumerated in Attachmeni A as follows: i. Personnel Tirr�e. Personnel time shaf[ b� compensated based upon hours worEced directly in performing the PROJ�CT rr�uliipEied by #he apprapriate Labor Cateqory Rate for the �.NGIN��R's team member performing t�e worlc. E.abor CateqoN Rate as presented in the rate sch�dule table below is the rate for each labor category perforrning the work and includ�s all direci saiaries, o�er�ead, and profit. Labor Caiegory 202d Rate $Ihaur Senior Prafessianai f $185 - $2G� Senior Professional fl $250 - $275 Professionaf $965 - $215 Anal sf $115 - $185 S�nior Tec}�niea[ 5u ort $920 �$2fl0 �echnical Su or� $75 - $1 tl5 Su ar� StafF $85 - $125 ii. Non�Labor Expenses. Non-fabor exp�nses shall be reimbursed as �irect Expenses at in�oice or interr�a! office cost. 4.6% will be acEcted to each invoice �o caver certain ofher internal affice cast expenses as ta these tasks, such as in-f�ouse duplicating, lacal mi[eage, te(ephone eaf[s, facsimiles, postage, and ward processir�g. Direct Expenses {non-labor} include, b�t are not limited �a, mileage, tra�el ar�d lodging expenses, maiE, supplies, prinfing and reproduction seruices, ather direc# expenses associated with delivery of the work; plus appiicable sales, use, �alue added, business transfer, gross receipts, or other simifar taxes. Direct reimbursahEe expenses such as express deii�ery ser�ices, fees, tra�el, and other direct expenses wil! be hilfed at 1.1fl times the cost. ATTACHMEN'T E� COMP�NSAiION iii, 5ubeontract Exper�ses, 5ubcontract expenses artd autside services shall be reiml�ursed at cosi ta ENGIN�ER plus a markup of ten pereent (� 0%). iv. Budgets. ENGINEER will rrial<e reasonab(e efFor�s to cornplete th� work within ihe budget and wiil Eceep ihe City infarmed of progress towarc{ that end so that fhe i�udget or work effort can be adjusted if found necessary. ENGINEER is nai obligated to incur cos#s beyond the indicated budgefs, as may be adjusfed, nor is the City ob[igated �o pay �NG(NEER beyond these litnits. [f ENG[NEER projects, in the course of prn�iding th� nec�ssary s�rvices, thaf the PROJECT cast presented in Article 2 of this Agreement will be exceaded, whefher by change in scape af the project, increased easts or other canditions, the �NGINE�R shal[ irr�mediately report such fac# to the City and, if so insiruc#ed by the Gity, shall suspend alf work hereunder. When any budget has been increased, �NGIN��R's excess costs expended prior fio such increase will be aElowable fio the same extent as if such costs had been incurred after the appro�ed increase. B. The �NGIN��R shal! be paid rrianthly payments as desari�ed in Sectinn I1 - Mefhod of Payrnent. 11. Methnd nf Payment A. The ENGIN�ER shall be paid by fihe City based upon an invaice cr�at�d on the basis of sfat�menfs prepared frorr� the books and records of account of t�e �NGIN��R, basecf an the actual hoUrs and casts expended by the �NGINEER in per�orming the work. B. Each inuaice shal! be �erified as io its accuracy and corr�pliance with the terms of t�is Agreemenf by an officer ofthe ENGINEER. C. �NGIN�ER shal! prepare and subrt�it invoices in tl�e f�rmat and includir�g canfer�t as presented in Exhibit B-1. D. Payment of in�oices wi11 i�e subject to certification by #he City fhat such work has beert perfarmect. ill, Pragress Repnrts A. The ENGINEER shail prepare and �ubmit ta the d�signated repres�r�tati�� af the Wafer Depariment monthly progress reports and sc�eduies in the forrr�af required by the City. ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kimley-Horn and Design, Bidding, Survey, and 39,340 91.8 Associates, Inc. Construction Phase Services I I Proposed MBE/SBE Sub-Consultants Yazel Peebles and Survey Field Work 3,500 8.2 Associates Non-MBE/SBE Consultants TOTAL 42 840 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE % 102082 Trinity Industries Sanitary $ 42,840 $ 3,500 8.2% Sewer Improvements Contract 2020 City MBE/SBE Goal = 0% Consultant Committed Goal = 8_2 °/o �v� � � � T N � m � � -�+ry m � d d r 1 � � N � �D � ry � N � � %m m'�mN o�o � � � . � m ro � - m � 'o m m o � 3 ns .. nab w o v v m n �� o ro m 0 0 �' o `" c o � � o a � ti °� `� �I T �l m m r�'u � E m ba � N � N O N m i dl N m 0 o j W A 0 0 0 0 0 p o D z 0 � � � � m m -� moinr7� o Na mm � �n m m b m [ntnp m� N o o�� 6 O 3 � � ' m m m :�1dmc=@�x � v » ? m � y � w ra W (A W A � NNfA o JN � 3�00000�n lV C � � 7 O � � 7 � Q "�" � � N � � N d . y � � N 47' ry� rt ''� � 1 • D In m ili � N � i O x � � C � � C � N � � � � � O � f1, 1 I NiC�MEItl� iFf+77 La CHANG�S AIVD A�lI�NDM�NTS TO STANDARD AGRE�MENT Design Ser�ices for Trinity Industries Sanitary Sewer Impro�ements City Praject No. 102i182 iV0 CHANGES City of Fori Worth, Texas Attachment C PMO Release Qa1a: R5.19.2Q1� page 1 of I FO RT Wa RT'H ATTACHMEIV� "D" PROJECT SCNEDUL.E A. ENGIfVEER Project Schedule Develo�ment ENGINEER shall prepare a project schedule for the services ta be pro�ided in fulfilling the requirements af the Agreement and eneompassing the Scope of Work defined in Attachmen# A #o the Agreement. ENGINEER shall prepare and maintain project schedule #hroughout the life of the project as de�ined in the Agreerr�enf in compliance wi#� the Cify's Specificafiion 00 31 15 entitled Engir�eer Project Schedvle. ��lG1NEER's project scF�eduie will fallow fhe Critical Path Metihodoiogy (CPM} far planned sequencing of the worl< activity and timing of ihe worK. B. Schedul� "Tier" Selection City has identified three "Tier" fe��ls for project schedules as defined in City's S�ecification 00 31 95, #o align wifh the size ar�d complexity of the �roject as a basis for schedufe d�velnpmen#. City's Project Manager will determine the "Ti�r" ieve! for the ENGINEER's project schedule as parf of fhe negotiation af the Agr�ement. C. Praject Baseline Schedu�e ENGINEER will produce an inifial project schedule and submif as a"baseline° for r�view and acceptance by Cify's Project Manager as detined in Ci#y's 5pecification 00 31 15 which will be referred #o as the Praject 8aseline Sched�ie, Upcfates to the baseline schedule foilflw the requirements of City's Specification 00 31 15. D. �rojecf Progress Scheduie �NGINEER will provide to th� Ci#y, monthly updates to iheir project schedule indicating progress of t�e Wor�C in campliance with the requirements nf City's Speci�cation 00 3� 15 anc! said schedule will ba referred ta as ti�e Project Progr�ss Schedule. �. Master Project Scheduie City will develop and maintain a masfer project schedule for the o�erall project. �NGINEER's projecf base�ine and progress schedule submiiials will be an ir�tegral part of t�e de�elapment and updating process of City's Master Project Schedu�e. 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Z KHA NO.: 061018379 58ft{AL N0.876B5 -i RELOCATIONS �ATE:lN5RCH2621 v�criei nrcSnGinanavn onia c�.,...� ini �...�.,.r v..�..,.wunocvr.....�.. ��a��,.r.,, c....n...., c.....,..