HomeMy WebLinkAbout025233 - Construction-Related - Contract - Kimley-Horn and Associates, Inc.CITY SECRETARY
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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Kimley-Horn and Associates, Inc.,
(the "ENGINEER") on September 7, 1999 , for a PROJECT generally described as: Northwest 1
MG Elevated Storage Tank Rehabilitation.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation and Schedule
The ENGINEER's compensation is set forth in Attachment B. The project schedule is set forth in
Attachment C.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices.
B. Monthly invoices will be issued by the ENGINEER for all work performed under this AGREEMENT.
Invoices are due and payable within 30 days of receipt.
C. Upon completion of services enumerated in Article I, the final payment of any balance will be due
within 30 days of receipt of the final invoice.
D. In the event of a disputed or contested billing, only that portion so contested will be withheld from
payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in
contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing
until mutually resolved.
E. If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within
60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend
services under this AGREEMENT until paid in full, including interest. In the event of suspension of
services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY
because of such suspension of services.
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suspension of services, the ENGIN�ER shall have no liability to CITY for delays or damages
caused the CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative under this
Agreement, providing professional engineering consultation and advice and furnishing customary
services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of skill and
diligence normally employed in the State of Texas by professional engineers or consultants
performing the same or similar services at the time such services are performed.
C. Subsurface Investigations
1. The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such
as special surveys, tests, iest borings, _or other subsurface investigations in connection with
design and engineering work to be performed hereunder: �The fiNGINE�R_�hall also advise
the CITY concerning the results of same. Such surveys, tests, and investigations shall be
furnished by the CITY, unless otherwise specified in Attachment A. `
2. In soils, foundation, .groundwater, and other subsurface investigations, the actual characteristics
may vary signiiicantly between successive test points and sample intervals and at locations
other than where observations, exploration, and investigations have been made. Because of
the inherent uncertainties in subsurface evaluations, changed or unanticipated underground
conditions may occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the ENGINEER.
� D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the origina.l drawings of all plans approved by the
CITY, which shall become the property of the CITY. The CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such
drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
1. The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site
representatives or otherwise, do not make the ENGINEER or its personnel in any way
responsible for those duties that belong to the CITY and/or the CITY's consixuction contractors
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or other entities, and do not relieve the construction contractors or any other entity of their
obligations, duties, and responsibilities, including, but not limited to, all construction methods,
means, techniques, sequences, and procedures necessary for coordinating and completing all
portions of the construction work in accordance with the Contract Documents and any health
or safety precautions required by such construction work. The ENGINEER and its personnel
have no authoriry to exercise any control over any construction contractor or other entity or
their employees in connection with their work or any health or safety precautions.
2. Except to the extent of speciiic site visits expressly detailed and set forth in Attachment A, the
ENGINEER or its personnel shall have no obligation or responsibility to visit the construction
site to become familiar with �he progress of quality of the completed work on the PROJECT
or to determine, in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with the Contract
Documents or the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in
the work or otherwise check the qualiry or quantity of the work on the PROJECT. If, for any
reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site
observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any
deviation from the Contract Documents coming to the actual notice of ENGINEER regarding
the PROJECT.
3. When professional certification of performance or characteristics of materials, systems or
equipment is reasonably required to perform the services set forth in the Scope of Services,
the ENGINEER shall be entitled to rely upon such cer-tiiication to establish materials, systems
or equipment and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
The ENGINEER shall provide opinions of probable costs based on the � current available ,
information at the time of preparation, in accordance with Attachment A.
2. In providing opinions of cost, financial analyses, economic feasibility projections, and
schedules for the PROJECT, the ENGINEER has not control over cost or price of labor and
materials; unknown or latent conditions of existing equipment or structures that may affect
operation or maintenance costs; competitive bidding procedures a.nd market conditions; time
or qualify of performance by third parties; quality, type, management, or direction of
operating personnel; and other economic and operational factors that may materially affect the
ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY'S actual PROJECT costs, financial aspects, economic feasibility, or schedules will not
vary from the ENGINEER'S opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress payments
to the construction contractor will be based on the ENGINEER's knowledge, information, and
belief from selective sampling and observation that the work has progressed to the point indicated.
Such recommendations do not represent that continuous or deta.iled examinations have been made
by the ENGINEER to ascertain that the construction contractor has completed the work in exact
accordance with the Contract Documents; that the final work will be acceptable in all respects; that
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the ENGINEER has made an examination to ascertain how or for what purpose the construction
contractor has used the moneys paid; that title to any of the work, ma.terials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that
there are not other matters at issue between the CITY and the construction contractor that affect
the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled and
furnished by others, and may not always represent the exact location, type of various components,
or exact manner in which the PROJECT was finally constructed. The ENGINEER is not
responsible for any errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 11923, the City has goals for the participation
of minoriry business enterprises and woman business enterpris�s in City contracts. Engineer
acknowledges the M/WBE goal established for this contract and its commitment to met that goal.
Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission
of fraud by the Engineer may result in the termination of this agreement and debarment from
participating in City contracts for a period of time of not less than three (3) years.
J. Right to Audit
1. ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final
payment under this contract, have: acce"ss� to= and :the -right to examine and photocopy any
directly pertinent books, documents, papers and records of the ENGINEER involving
transactions relating to this contract. ENGINEER agrees that the CITY shall have access
during norrnal working hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance notice of
intended audits.
2. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision
to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3)
years after imal payment under the subcontract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have access during
normal working hours to all subconsultant facilities, and shall be provided adequate and
appropriate work space, in order to conduct audits in compliance with the provisions of this
article together with subsection 3. hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
3. ENGINEER and subconsultant agree to photocopy such documents as may be requested by the
CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published
in the Texas Administrative Code in effect as of the time copying is performed.
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K. ENGINEER's Insurance
1. Insurance coverage and limits
ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the
following coverage at minimum limits which are to be in effect prior to commencement of
work on the PROJECT.
a. Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
b. Automobile Liability
$1,000,000 each accident (or reasonable equivalent limits of coverage if written on a split
limits basis). Coverage shall be on any vehicle used in the course of the PROJECT.
c. Worker's Compensation
Coverage A: statutory lunits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
d. Professional Liability
$1,000,000 each claim/annual aggregate
2. Certificates of insurance evidencing that the ENGiNEER has obtained all required insurance
shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT.
a. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as
its interests may appear. The term CITY shall include its employees, officers, off'icials,
agents, and volunteers as respects the contracted services.
b. Certificate(s) of insurance shall document that insurance coverages specified according to
items section K. 1. and K. 2. of this agreement are provided under applicable policies
documented thereon.
c. Any failure on part of the CITY to request required insurance documentation shall not
constitute a waiver of the insurance requirements.
d. A minunum of thirty (30) days notice of cancellation, non-renewal or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the
event of nonpayment of the premium. Such terms shall be endorsed onto ENGINEER's
insurance policies. Notice shall be sent to the respective Department Director (by name),
City of Fort Worth, 1000 Throclanorton, Fort Worth, Texas 76102.
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e. Insurers for all policies must be authorized to do business in the state of Texas or be
otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in
terms of their financial strength and solvency.
Deductible limits, or self insured retentions, affecting insurance required herein may be
acceptable to the CITY at its sole discretion; and, in lieu of traditional insurance, any
alternative coverage maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may also be acceptable
to the City.
g. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the
CITY as respects the PROJECT.
h. The City shall be entitled, upon its request and without incurring expense, to review the
ENGINEER's insurance policies including endorsements thereto and, at the CITY's
discretion, the ENGINEER may be required to provide proof of insurance premium
payments.
i. The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless such are approved by the CITY.
j. The Professional Lia6ility insurance policy, if written on a claims made basis shall be
maintained by the ENGINEER for a minimum (2) year period subsequent to the term of
the respective PROJECT contract with the CITY unless such coverage is provided the
ENGINEER on an occurrence basis.
_�- _- k': �T�ie CITY shall �not be responsible for the direct payment of any insurance premiums
required by this agreement. It is understood that insurance cost is an allowable component
of ENGINEER's overhead.
l. All insurance required in section K., except for the Professional Liability insurance policy,
shall be written on an occurrence basis in order to be approved by the CITY.
m. Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the
same or reasonably equivalent insurance coverage as required for the ENGINEER. When
insurance coverage is maintained by subconsultants, ENGINEER shall provide CITY with
documentation thereof on a certificate of insurance. Notwithstanding anything to the
contrary contained herein, in the event a sabconsultant's insurance coverage is canceled
or terminated, such cancellation or tertnination shall not constitute a breach by
ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY.
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M. Disclosure
The ENGINEER acknowiedges to the CITY that it has made full disclosure in writing of any
existing conflicts of interest or potential conflicts of interest, including personal fmancial interest,
direct or indirect, in property abutting the proposed PROJECT and business relationships with
abutting property cities. The ENGINEE�Z further acknowledges that it will make disclosure in
writing of nay conflicts of interest which develop subsequent to the signing of this contract and
prior to final payment under the contract.
N. Asbestos or Hazardous Substances
1. If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER
will stop its own work in the affected portions of the PROJECT to permit testing and
evaluation.
2. If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested,
assist the CITY in obtaining the services of a qualified subcontractor to manage the
remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design criteria
and/or current engineering practice standards which the ENGIN�ER should have been aware of
at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as
required, at its own cost and expense. However, if design changes are required due to the changes
in the permitting authorities' published design criteria and/or practice standards criteria which are
published after the date of this Agreement which the ENGINEER could not have -been �reasonably. �>=" ---
, aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's possession
relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the
accuracy, timeliness, and completeness of the information provided by the CITY. �
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's
performance of its services and will provide labor and safety equipment as required by the
ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests
of equipment, machinery, pipelines, and other components of the CITY's facilities as may be
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required in connection with the ENGINEER's services. The CITY will be responsible for all acts
of the CITY's personnel.
C. Advertisements, Permits, and A�cess
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for
all advertisements for bids; permits and licenses required by local, state, or federal authorities; and
land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT
construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications,
proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant,
auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and
render in writing decisions required by the CITY in a timely manner in accordance with the project
schedule in Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes
aware of any development that affects the scope or timing of the ENGINEER's services or of any
defect in the work of the ENGINEER or construction contractors. �
F. Asbestos or Hazardous Substances and Indemniiication
._-_ _. - 1. To the ma�cimum extent permitted by law, the CITY will indemnify and release ENGINEER
� and its officers, employees, and subcontractors from all claims, damages, losses, and costs,
including, but not limited to, attorney's fees and litigation expenses arising out of or relating
to the presence, discharge, zelease, or escape of hazardous substances, contaminants, or
asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the
CITY to levy, assess or. collect any tax to fund this indemniiication.
2. The indemnification and release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER's negligence or if such hazardous substance, contaminant or asbestos is brought
onto the PROJECT by ENGINEER.
G. Contractor Indemniiication and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding
the ENGINEER's Personnel at Construction Site, and provisions providing contractor
indemniiication of the CITY and the ENGINEER for contractor's negligence.
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H. Contractor Claims and Third-Party Beneficiaries
1. The CITY agrees that all contracts with construction contractors and equipment or materials
suppliers shall include the following clause:
"Contractors, subcontractors and equipment and materials suppliers on the
PROJECT, or their sureties, shall maintain no direct action against the
ENGINEER, its officers, employees, and subcontractors, for any claim arising
out of, in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any undertaking by the
ENGINEER. "
2. This AGREEMENT gives no rights or benefits to anyone other than the CITY and the
ENGINEER and there are no third-party beneficiaries.
3. The CITY will include in each agreement it enters into with any other entity or person
regarding the PROJECT a provision that such entity or person shall have no third-party
beneficiary rights under this agreement.
4. Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY
has to bring a claim against ENGINEER.
I. CITY's Insurance
1. The CITY may maintain property insurance on certain pre-existing structures associated with
the PROJECT.
2. The CITY will ensure that Builders RisklInstallation insurance is maintained at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or
documentation of such on a certificate of insurance.
3. The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in
coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREBMENT shall be amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance
of the services, an equitable adjustment will be made through an amendment to this AGREEMENT
with appropriate CITY approval.
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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written
Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the ENGINEER,
whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether
the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting
through or on behalf of the CITY of any such instnunents of service without the written pernussion
of the ENGINEER will be at the CITY's sole risk. The final designs, drawings, speciiications and
documents shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of God,
strikes, lockouts, accidents, or other events beyond the control of the ENGINEER.
D. Termination
1. This AGREEMENT may be terminated only by the City for convenience on 30 days' written
notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for
cause if either party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and diligently
complete the correction thereafter.
2. If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be
paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, speciiications or other forms of
ENGINEER's°work product;
b. Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files,
and other data storage supplies or services;
c. The time requirements for the ENGINEER's personnel to document the work underway
at the time the CITY' S termination for convenience so that the work effort is suitable for
long time storage.
3. Prior to proceeding with termination services, the ENGINEER will submit to the CITY an
itemized statement of all termination expenses. The CITY' S approval will be obtained in
writing prior to proceeding with termination services.
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E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience
of the CITY. In the event of such suspension, delay, or interruption, an equitable adjusrinent in
the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemni�cation
1. The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense
claimed by third parties for property damage and bodily injury, including death, caused�solely
by the negligence or willful misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the project.
2. If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such damage or injury, the loss, cost,
or expense shall be shared between the ENGINEER and the CITY in proportion to their
relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011 (4) (Vernon Supplement 1996).
G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior written consent
of the other party.
H. Interpretation _
Limitations on liability and indemnities in this AGREEMENT .are business understandings between
the parties and shall apply to all the different theories of recovery, including breach of contract or
warranty, tort including negligent, strict or statutory liability, or any other cause of action, except
for willful misconduct or gross negligence for limitations of liabiliry and sole negligence for
indemnification. Parties means the CITY and the ENGINEER, and their officers, employees,
agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and
performance, and any other claims related to it. The venue for any litigation related to this
AGREEMENT shall be Tarrant Counry, Texas.
J. Alternate Dispute Resolution
All claims, disputes, and other matters in question between the CITY and ENGINEER arising
out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation
or duty of CITY or ENGINEBR hereunder, will be submitted to mediation. If inediation is
unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration
if both parties acting reasonably agree that the amount of the dispute is likely to be less than
$50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance
with the Constnzction Industry Arbitration Rules of the American Arbitration Association or
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applicable rules of the Association then in effect. Any awazd rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered
thereon in any court having jurisdiction, and will not be subject to appeal or modification except
to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections
10 and 11).
2. Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated
by either party on a de novo basis. The award sha11 become final ninety (90) days from the date
same is issued. If litigation is filed by either parry within said ninety (90) day period, the award
shall become null and void and shall not be used by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AG$EE�VIENT are held for any reason to be invalid, illegal,
or unenforceable will not affect any other provision, and this AGREEMENT shall be construed as if
such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F.,
VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive terinination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and regulations and .
with all City ordinances and regulations which in any way affect this AGREEMENT and the work
hereunder, and shall observe and comply with all orders, laws ordinances and� regulations which may
exist or may be ena.cted later by governing bodies having jurisdiction or authority for such ena ctrnent.
No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend,
indemnify and hold harmless CITY and all of its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT,
supersedes all prior written or oral understandings, and may only be changed by a written amendment
executed by both parties. The following attachments and schedules are hereby made a part of this
AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C - Schedule
EXECUTED in the City of Fort Worth, this/`J� day of ��.e �r, �I— , A.D. 1999.
ATTEST:
BY� 7 ��ls'rL
GLORIA PBARSON
City Secretary
APPROVED AS TO FORM AND LEGALITY
B . s��-�
Assista ity Attorney
ATTEST:
CITY OF FQRT WOR�H
f ��
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B : � ' ` � - "� 1,{��---
Y
�' Mike Groomer
Assistant City Manager
CITY OF FORT WORTH
By: � ���� C` ��
Lee . Bradley, Jr., P.E.
Director, Water Department
HIMLEY-HORN AND ASSOCIATES, INC
By: / L/ � � /� By: �" / / . ,cJ ,�
Glenn A. Gary, P.E. !� Charles M. Staples, P.E.
Assistant Secretary Vice President
c- ����3
Contract Authorization
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Date
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ATTAC�-IlVIENT "A"
General Scope of Services
I. DESIGN SERVICES
KHA will provide the following professional services:
A. Attend one (1) kick-off ineeting with the City to develop the scope and design criteria for this
project.
B. Coordinate with the Federal Aviation Administration with respect to the specification of obstruction
lighting and notice of construction activity.
C. Coordinate with the TNRCC regarding air quality issues and submit plans and specs for review.
D. Site visit to include photos of the tank and vault and a visual assessment of current conditions. �
Data collection will include obtaining copies of record drawings for the tank from the City and Pitt-
Des Moines, Inc. (PDM) and obtaining a copy of the Tank Industry Consultants (TIC) report for
the tank, dated November 9, 1995. A limited inspection of the tank will also be performed_to
compare existing conditions with the TIC report.
E. Perform a boundary survey of the proposed site to verify topographic features and existing utilities
contained within and adjacent to the site for platting purposes. �
F. Prepare specifications, construction contract documents, and a re-plat of the site for:project bidding
and regulatory approval. Speciiications shall include technical specifications far maferials and '-� -� ° �
installation of the proposed improvements to the facility. The contract documents shall be in �
accordance with the City of Fort Worth requirements for public works construction and will
include the following:
Hydraulics
- Air gap to the overflow piping discharge;
- Butterfly control valve with a remotely operated motorized operator;
- Wash down piping with 2-1/4 inch hose connections at the base and in the tank bowl.
2. Electrical
- Control valve and new monitoring equipment and alarms to the existing RTU and updating
the SCADA software with the new data points;
- Intrusion alarms on the vault and the tank access hatch;
- Cathodic protection system including wiring, anodes, and controller;
- Interior lighting in the tank access tubes including iixtures, wiring, and conduit;
- Site lighting to include poles, iixtures, and wiring;
- Removal of unused Antennas and install new wiring for antennas to remain;
- Obstruction lighting system, wiring, and conduit.
3. Instrumentation
Pressure transducer, tubing, valving, wiring, and conduit;
Level transducer, tubing, valving, wiring, and conduit;
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- Chlorine residual monitor, tubing, valving, wiring, and conduit;
- pH monitor, tubing, valving, wiring, and conduit;
- Temperature monitor, tubing, valving, wiring, and conduit.
4. Tank
- Foundation repairs that may be needed;
- Structural steel and steel plate evaluation;
- Ladder and platform replacement to comply with OSHA/City requirements;
- Hatch replacement to comply with OSHA/TNRCC/City requirements;
- Surface preparation and application of coating system;
- Handrails and antenna rails on the roof of the tank;
- Vent replacement to comply with TNRCC.
5. Site
- Control valve vault;
- Re-platting for the existing site;
- Paving at the entrance to the site and onto the site for a distance of 20-feet;
- Remove existing fence and gate and replace with a new six (6) foot fence with barbed
wire, mow strip, and gate.
G. Submit to the City 95 % complete specifications, contract documents, re-plat, and an opinion of
probable construction cost for review and comment.
H. Submit final plans to appropriate regulatory agencies for review and utility companies for
relocation of adjacent or affected facilities.
I. Submit to the City final bidding documents.
In this phase, KHA will provide the following deliverables:
1. Eight (8) copies of 95 % Specifications, Contract Documents, re-plat, and an Opinion of
Probable Construction Cost;
2. Eight (8) copies of Final Speci�cations, Contract Documents, re-plat, and an Opinion of
Probable Construction Cost.
During this phase, KHA will conduct the following meetings:
1. Attend Kick-off ineeting with City staff;
2. Present 95 % Specifications, Contract Documents, re-plat, and an Opinion of Probable
Construction Cost;
3. Present Final Specifications, Contract Documents, re-plat, and an Opinion of Probable
Construction Cost.
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II. ADVERTISE/BID PHASE SERVICES
KHA will provide the following professional services:
A. Prepare a Notice to Bidders for publication by the City. The City shall be responsible for
publication of the notice. KHA shall provide 40 bound sets of bid documents for distribution to
prospective contractors, suppliers, and plan rooms. .
B. Provide support to City staff during the bid phase of the project to pre-qualify prospective bidders,
answer questions from bidders, issue interpretations of the contract documents and prepare
necessary addenda for the project.
C. Prepare for and conduct a mandatory pre-bid conference.
D. Attend the bid opening for the project, assist in the review and tabulation of the bids received,
evaluate the apparent low bidder(s) and make a recommendation regarding the possible award of
the contract.
E. Prepare contract documents for execution by the contractor, receive and review such documents
for completeness and forward to the City for review and execution.
III. CONSTRUCTION CONTRACT ADMINISTRATION
KHA will provide professional construction phase services for the Northwest Tank Rehabilitation for
the purpose of providing assistance to the City during construction. These services may include, but
are not limited to, the following: � _ - _ -- _ - _ -� } -= � _- . " ` � �
A. Pre-Construction and Construction Conference.
KHA will conduct a Pre-Construction Conference at the site with City staff and Contractor's key
personnel in attendance prior to commencement of Work at the Site. Additionally, KHA will
conduct monthly construction meetings to discuss schedule, key events, and coordination issues.
B. Visits to Site and Observation of Construction.
Provide on-site construction observation services during the construction phase of the subject
project. Observations will vary depending on the type of work being performed by the
contractors, the location, and the contractors' schedules.
KHA will make visits to the Site at appropriate intervals as determined by KHA in order to observe
the progress of the Work. Such visits and observations by KHA are not intended to be exhaustive
or to extend to every aspect of Contractor's work in progress. Observations are to be limited to
spot checking, selective measurement, and similar methods of general observation of the Work
based on KHA's exercise of professional judgment. Based on information obtained during such
visits and such observations, KHA will determine if Contractor's work is generally proceeding in
accordance with the Contract Documents, and KHA shall keep the City informed of the general
progress of the Work.
The purpose of KHA's visits to the site will be to enable KHA to better carry out the duties and
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responsibilities assigned in this Agreement to KHA during the construction phase by the City, and,
in addition, by the exercise of KHA's efforts, to provide the City a greater degree of confidence
that the completed Work will conform in general to the Contract Documents and that the integrity
of the design concept of the completed Project as a functioning whole as indicated in the Contract
Documents has been implemented and preserved by Contractor. KHA shall not, during such visits
or as a result of such observations of Contractor's work in progress, supervise, direct, or have
control over Contractor's work, nor shall KHA have authority over or responsibility for the means,
methods, techniques, equipment choice and usage, sequences, schedules, or procedures of
construction selected by Contractor, for safety precautions and programs incident to Contractor.'s
work, or for any failure of Contractor to comply with laws and regulations applicable to
Contractor's furnishing and performing the Work. Accordingly, KHA neither guarantees the
performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish
and perform its work in accordance with the Contract Documents.
C. Recommendations with Respect to Defective Work.
Recommend to the City that Contractor's work be disapproved and rejected while it is in progress
if, on the basis of such observations, KHA believes that such work will not produce a completed
Project that conforms generally to the Contract Documents or that it will prejudice the integrity
of the design concept of the completed Project as a functioning whole as indicated in the Contract
Documents.
D. Clarifications and Interpretations.
Issue necessary clarifications and interpretations of the Contract Documents to the City as
appropriate to the orderly completion of Contractor's work. Such clariiications and interpretations
will be consistent with the intent of and reasonably inferable from the Contract Documents. Field
Orders authorizing variations from the requirements of the Contract Documents will be made by
the Ciry.
E. Change Orders.
Recommend Change Orders to the City, as appropriate. Review and make recommendations
related to Change Orders submitted or proposed by the Contractor.
F. Shop Drawings and Samples.
Review and approve or take other appropriate action in respect to Shop Drawings and Samples and
other data which Contractor is required to submit, but only for conformance with the information
given in the Contract Documents and compatibiliry with the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents. Such review and approvals
or other action will not extend to means, methods, techniques, equipment choice and usage,
sequences, schedules, or procedures of construction or to related safety� precautions and programs.
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G. Substitutes and "or-equal. "
Evaluate and determine
proposed by Contractor,
government entities.
H. Inspections and Tests.
the acceptability of substitute or "or-equal" materials and equipment
but subject to the provisions of applicable standards of state or local
Require such special inspections or tests of Contractor's work as KHA deems appropriate, and
receive and review certificates of inspections within our area of responsibility, tests, and approvals
required by laws and regulations or the Contract Documents. KHA's review of such certificates
will be for the purpose of determining that the results certified indicate compliance with the
Contract Documents and will not constitute an independent evaluation that the content or
procedures of such inspections, tests, or approvals comply with the requirements of the Contract
Documents. KHA shall be entitled to rely on the results of such tests.
Surface Preparation, Welding, and Coating Application inspection and testing will be performed
by an independent inspection service hired by KHA to provide full time;inspection and testing
services. Inspection and testing as provided by the independent inspectio� service will conform
to applicable regulations. �
I. Disagreements between the City and Contractor.
As necessary, render written decision on all claims of the City and Contractor relating to the
acceptability of Contractor's work or the interpretation of the require ents of the Contract
Documents pertaining to the execution and progress of Contractor's wo k. In rendering such
- decisions, KHA shall lie fair and'not_-show:partialiry to the City or Cont#�actor and shall not be
liable in connection �with any decision rendered in good faith in such capa;city.
J. Applications for Payment.
Based on KHA's observations and on review of applications for paym�nt and accompanying
supporting documentation: �
Determine the amounts that KHA recommends Contractor be paid. Sudh recommendations of
payment will be in writing and will constitute KHA's representation to t�e City, based on such
observations and review, that, to the best of KHA's knowledge, i�formation and belief,
Contractors' work has progressed to the point indicated, such work is gene{ally in accordance with
the Contract Documents (subject to an evaluation of the Work as a functibning whole prior to or
upon Substantial Completion, to the results of any subsequent tests called for in the Contract
Documents and to any other qualifications stated in the recommendation), and the conditions
precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as
it is KHA's responsibility to observe Contractor's work. In the case of u�nit price work, KHA's
recommendations of payment will include fmal determinations of quantiti�s and classifications of
Contractor's work, based on observations and measurements of quantities provided by the
contractor with pay requests. �
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By recommending any payment, KHA shall not thereby deemed to have represented that
observations made by KHA to check Contractor's work as it is performed and furnished have been
exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed
inspections of the Work beyond the responsibilities specifically assigned to KHA in this Agreement
and the Contract Documents. Neither KHA's review of Contractor's work for the purposes of
recommending payments nor KHA's recommendation of any payment including final payment will
impose on KHA responsibility to supervise, direct, or control Contractor's work in progress or for
the means, methods, techniques, equipment choice and usage, sequences, or procedures of
construction of safety precautions or programs incident thereto, or Contractor's compliance with
Laws and Regulations applicable to Contractor's furnishing and perfornung the Work. It will also
not impose responsibility on KHA to make any examination to ascertain how or for what purposes
Contractor has used the moneys paid on account of the Contract Price, or to determine that title
to any portion of the work in progress, materials, or equipment has passed to the City free and
clear of any liens, claims, security interests, or encumbrances, or that there may not be other
matters at issue between the City and Contractor that might affect the amount that should be paid.
K. Substantial Completion.
Promptly after notice from Contractor that Contractor considers the entire Work ready for its
intended use, in company with the City and Contractor, conduct a fnal punch list inspection to
determine if the Work is substantially complete. Work will be considered substantially complete
following satisfactory completion of all items identified on the final punch list. If after considering
any objections of the City, KHA considers the Work substantially complete, KHA shall notify the
City and Contractor.
L. Final Notice of Acceptability of the Work.
Conduct a final site visit to determine if the completed Work of Contractor is generally in
accordance with the Contract Documents so that KHA may recommend, in writing, final payment
to Contractor. Accompanying the recommendation for fnal payment, KHA shall also provide a
notice that the Work is generally in accordance with the Contract Documents to the best of KHA's
knowledge, information, and belief and based on the extent of the services provided by KHA under
this Agreement.
M. Limitation of Responsibilities.
KHA shall not be responsible for the acts or omissions of any Contractor, or of any of their
subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work.
KHA shall not have the authority or responsibility to stop the work of any Contractor.
N. Construction Contract Administration and inspection services are based upon a construction period
of not more than six (6) months. Should the construction period exceed eight (8) months, the
Engineer and Owner shall negotiate an increase to the fee.
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IV. ADDITIONAL SERVICES
Services not specifically identified as basic services above shall be considered additional and shall be
performed on an individual basis upon authorization by the City. Such services shall include, but are
not limited to, the following:
A. Permit expediting or coordination with governmental agencies not provided for in the above scope.
B. Utility Design not listed in the above scope of services.
C. Furnishing additional copies of review documents and/or bid documents in excess of the number
of the same identified above.
D. Redesign to reflect project scope changes requested by the Ciry, required to address changed
conditions or change in direction previously approved by the City, mandated by changing
governmental laws, or necessitated by the City's acceptance of substitutions proposed by the
contractor.
E. Multiple bid packages of any one project.
F. Assistance to the CITY as an expert witness in litigation in connection with the project or in
hearings before approving and regulatory agencies.
G. Preparation of Record Drawings.
_ H. Prepare for and conduct meetings with City operating staff in order to coordinate this project with
- ' _ � � _ : ��tlfei City pioje�ts.
I. Additional meetings with City staff for coordination and review of this project or related projects.
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ATTACHMENT "B"
Compensation
I. ENGINEERING DESIGN SERVICES
For all professional engineering services included in Sections I, and II of the General Scope of
Services, the City agrees to pay the Engineer a lump sum fee of $65,500.
II. CONSTRUCTION CONTRACT ADMINISTRATION SERVICES
For all professional engineering services included in Section III of the General Scope of Services, the
City agrees to pay the Engineer on a reimbursable basis a not to exceed amount of $60,000.
III. ADDITIONAL SERVICES
For all professional engineering services included in Section IV of the General Scope of Services, the
City agrees to pay the Engineer on a reimbursable basis.
IV. BASIS FOR COMPENSATION
The City shall compensate the Engineer for the various items listed above on either a lump sum basis,
or a reimbursable basis.
The Engineer shall be paid monthly based on statements submitted to the City for the work
accomplished during the preceding month. Monthly statements for lump sum services will be based
upon a reasonable estimation of percent complete.
Monthly statements for reimbursable services will be based upon time directly chargeable to the project
by the various types of individuals employed by the Engineer in accordance with the rate schedule in
effect at the time of the services. Engineer may revise the rate schedule on January 1 of each year.
The 1999 rate schedule is attached.
Monthly sta.tements for reimbursable services performed by subconsultants will be based upon the
actual cost to the Engineer plus fifteen percent (15%).
Actual out-of-pocket expenses for services associated with paragraph II above that are incurred during
the progress of the project shall be compensated by the Ciry at the Engineer's cost plus iifteen percent
(15%). These may include: air fare, automobile rental, mileage charges, parking, tolls, taxis, meals,
lodging, telephone, printing, reproduction and other direct costs incurred speciiically for this project.
For services associated with paragraph II above, miscellaneous direct expenses such as photo copies,
travel less than 100 miles round trip, etc. shall be accounted for and compensated at six and one
quarter percent (6-1/4%) of the actual hourly billing rate of the Engineer's employees working on the
Project.
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6
KIMLEY-HORN AND ASSOCIATES, INC.
RATE SCHEDULE
(HOURLY RATE)
Principal / Senior Principal
Senior Professional II
Senior Professional I
Professional II / Registered Professional
Professional / Professional I
Designer
CAD Operator
Support Staff
Technician
Parry Chief
Instrument Man
Rodman
Effective through December 31, 1999
$160 - $190
$140 - $170
$130 - $140
$ 95 - $110
$ 75 - $ 90
$ 95 - $115
$ 65 - $ 90
$ 45 - $ 75
$ 45-$ 85
$ 55-$ 65
$ 50 - $ 55
$ 40 - $ 45
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�
.
Notice to Proceed to KHA
Preliminary Design Services
City Review
Final Design Services
City Review
Advertise, Bid, and Award
Construction Phase Services
ATTAC�IlVIENT "C"
Schedule
Calendar Days*
28
7
21
7
35
180
Est. Start Date*
8-30-99
9-27-99
10-4-99
10-25-99
11-1-99
12-6-99
* Calendar Days and Estimated Start Date are inclusive and commence with a Notice To Proceed, City
approval of one phase and direction to proceed with subsequent phase, or submission of appropriate
"deliverables" .
We will endeavor to meet the City of Fort Worth' scheduling nee'd of adverEising this project by
November 1, 1999. The above calendar day schedule and Kimley-Horn's ability to meet this goal is
based on receiving a notice to proceed from the City on August 30, 1999.
P:\O10000.O5�PROPOSAL\FI' WORTFi�N W TANK\NwTank.doc
lofl
City of Fort Worth, Texas
n►�Ayar And Caunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
9���99 **C-17633 60KIM 1 of 1
SUBJECT ENGINEERING AGREEMENT WITH KIMLEY-HURN AND ASSOCIATES, INC. FOR THE
DESIGN AND CONSTRUCTION MANAGEMENT OF THE REPAIR AND REPAINTING
OF THE NORTHWEST ELEVATED STORAGE TANK
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering contract
with Kimley-Horn and Associates, Inc. for the design and construction management of the repair and
repainting of the 1 MG Northwest Elevated Storage Tank for a fee not to exceed $125,500.00.
DISCUSSION:
The 1 MG Northwest Elevated Storage Tank was recently inspected and was found to be badly
corroded and in need of repairs and repainting to extend the service life of the tank. In addition,
modifications are required to meet Texas Natural Resources Conservation Commission and
Occupational Safety and Health Administration requirements.
The engineer will prepare construction plans and specifications for the repair and repainting of the
Northwest Elevated Storage Tank and provide construction management during the construction phase
of the project.
The project is located in COUNCIL DISTRICT 2.
Kimley-Horn and Associates, Inc. has complied with the City's M/WBE Ordinance by committing to 32%
M/WBE participation. The City's goal on this project is 25%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper-Water Fund.
MG:j
Submitted for City Manager's
Office by:
Mike Groomer
Originating Department Head:
Lee Bradley, Jr.
Additional Information Contact:
Lee Bradley, Jr.
I FUND I ACCOUNT
� (to)
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6140 I
�
8207 � (from)
I PW77
8207 �
CENTER � AMOUNT
531200 060770180200 � $125,500.00
CITY SECRETARY
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� 7 1999
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