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HomeMy WebLinkAboutContract 45816CITY OF FORT WORTH, TEXAS C51VY SECkea,ff 9 r©riicir Via STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Dunham Engineering, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Meadowbrook Elevated Storage Tank Rehabilitation Project. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $147,500.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final jnyoice. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 1 of 16 (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services, Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CB 's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto.. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract or such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder, The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Sewices P Official Release Datw 112812013 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because oft inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CI 's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the or on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth,Texas Standard Agreement for Engineering Related Design Seri k*s P Officiai Release Date:1126/2013 Page 3 of 16 ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents, F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules fort PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs', competitive bidding procedures and market conditions; time or quality of performance by third parties, quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule, 'Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services P Official Release Datw 1/28/2013 Page 4 of 16 matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed, The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts, Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation, Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years., J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this 'contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records oft ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date, 112812013 Page 5 of 16 facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed.. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate, If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location.. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY, The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, prod ucts/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT.. If the engineer owns no vehicles, coverage for hired or non-owned is City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release DaW 1/2812013 Page 6 of 16 acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 7 of 16 d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY, A ten (1 0) days notice shall be acceptable in the event of non-,payment of premium. Notice shall be sent to the respective Department Director (by name) City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management, g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CI 's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments, I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement.. City of Fort Worth,Texas Standard Agreement for EngineeMg Related Design Services P Off-mial Release DaW 1/28=13 Page 6 of 16 m. Sub consultants and subcontractors /oft ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract, N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any for are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities ® Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due tot changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the to of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO OfficW Release Date:1/28/2013 Page 9 of 16 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services, The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CI 's personnel, C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids', permits and licenses required by local, state, or federal authorities,, and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release DaW 1/2812013 Page 10 of 16 D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain City of Fort'Mirtth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 11 of 16 no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed.. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINESR, I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT, The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties., K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for perforrnance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/2812013 Page 12 of 16 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault oft other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter.. (2) If this AGREEMENT is terminated fort convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other-forms of ENGINEERS work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services P Official Release Date: 1/28=13 Page 13 of 16 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses, The CITY'S approval will be obtained in writing prior to proceeding with termination services.. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CrTY., In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their offi cers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services P Official Release Date: 1128/2013 Page 14 of 16 I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severabillity and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabilfty will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.f., \A!B:, VI.D., VI.F., VI.H., and H. shall survive termination of this AGREEMENT for any cause, K. Observe and Comply ENGINEER all at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment.. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees, Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT, Attachment A - Scope of Services Attachment B — Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 15 of 16 effective this the Executed and BY: CITY OF FORT WORTH Fernando C � osta Assistant City Manager Date: SI 1 1'0 APPROVAL RECOMMENDED. Sy.! k Crumb, �'.. s.�Fran De�a�m Director,Watet PPROVED AS TO FORM A LEGALITY By. .Black Douglas Assistant City Attorney day ATT EST : Mary ,1. K y Cy it secretary BY: ENGINEER Dunham Engineering, , Inc. Worth, Texas Related Design Se rvicesCity of fort 1l� Engineering Standard Agreement for Pl1110 Official Release Date: 112812013 Page 16 of 16 Travis Cs Tatum President & CEO Date; M&C No.: Cal M&C Date 712512014 OFFICIAL RECORD CITY SECRETARY `E, WORTH, TX DETDUNHAM ENGINEERING, INC. www.DunhamEngineerino.com Texas Registration Number: F-2253 D U N H AM 12815 FM 2154,Suite 150,College Station,TX 77845 Phone:(979)690-6555 Fax:(979)690-7034 ENGINEERING Inspection. Design. Results. Attachment A Scope of Services Meadowbrook Elevated Storage Tank Repair& Repainting Project PHASE I—PRELIMINARY ENGINEER will attend a pre job meeting at CITY'S office prior to start of work. ENGINEER will perform a professional evaluation of the 2.OMG Meadowbrook Elevated Storage Tank in accordance with AW WA M42, TCEQ Chapter 290, and the scope of work outlined in the CITY's RFQ and the ENGINEER'S SOQ. The tank inspection will require approximately 4 hours, and any required draining of the tank will be closely coordinated with the City. 20% of Phase I work to be performed by Garza-Bury. The professional inspection and evaluation will include the following: • Visual inspection of interior and exterior surfaces of tank and support structure. • Inspection of site, field survey, and preliminary drainage design (Garza-Bury). • Prepare a topographic survey, which will be used to complete the design of the site and grading plan. The topographic survey will be based on an on-the-ground survey and will be produced at a one-foot interval. • Perform an on-the-ground boundary survey of the tank parcel consisting of one ownership deed. This survey will be conducted in accordance with the standards and conditions set forth for a Category 1 B, Condition II, Standard Land Survey in the State of Texas prepared by the Texas Society of Professional Surveyors, 2006 revised eleventh edition. The results of the survey will be incorporated into the engineering plans (a separate boundary map will not be created). • As an ADDITIONAL SERVICE, a tree survey can be performed. • As an ADDITIONAL SERVICE, easement survey and acquisition services can be provided. • Perform ultrasonic thickness testing on selected interior and exterior surfaces as needed to determine extent of corrosion damage. • Perform adhesion testing on the exterior coatings per ASTM 3359. • Collect coating samples and test for lead and other heavy metals. • Provide written report with pictures of interior and exterior surfaces. • Provide completed TCEQ Potable Water Storage Tank Inspection Form. • Maintain a copy of the inspection form on file for five(5) years as required by TCEQ. • Provide preliminary scope of work with schedule estimate and opinion of probable cost. • Report to be signed and sealed by a Texas Professional Engineer. Phase I to be completed within 45 days of Notice to Proceed (NTP). Page 1 of 3 PHASE 11—DESIGN,ADVERTISEMENT& AWARD ENGINEER will meet with the CITY to discuss the findings of the evaluation and discuss best value options to rehabilitate the tank. The ENGINEER agrees to prepare the design,produce engineering plans and specifications, prepare the contract documents, advertise for bids to selected contractors and recommend award of a lump sum construction contract to complete the PROJECT for the CITY.Design services shall include: • Selection of appropriate protective coating systems and surface preparation standards. • Design of all required structural details, including design of additional access platforms, walkways and handrails. • Design,of any upgrades/iniprovernents needed to meet current TCEQ and OSHA Regulations, including hatches,vents and overflow pipe modification. • Final site and grading plan including drainage design (Garza-Bury). • Design of appropriate containment system to ensure hazardous materials are contained and/or public nuisance is prevented, • Coordinate closely with the CITY to ensure communications equipment is removed, relocated or protected during the PROJECT(Garrza-Bury). • Coordinate relocation of power lines as needed(Garza-Bury). The ENGINEER agrees to provide a draft set of contract do'curnents to the CITY for review and approval no later than 30 days after completion of Phase I and receiving NTP for PHASE II. The ENGINEER agrees to finalize the documents and advertise the PROJECT to selected contractors for bids within 30 days after receipt of CI 's comments and approval.Project bid date is typically set for 30 days after final plans are complete and ready to advertise for bids. The CITY agrees to advertise in the newspaper of record as required by State procurement requirements. The ENGINEER.agrees to attend a pre-bid meeting and pre-bid site visit, answer questions from bidders,respond to Is and prepare addenda as needed, The ENGINEER agrees to assist the CITY in opening and reviewing bids and recommending a contractor for award. 15%of Phase II or to be perforryied.by Garza-Bnry. PHASE III- CONSTRUCTION ENGINEERING& MONITORING (CEM) The ENGINEER agrees to periodically inspect the contractor during the construction period to ensure contract compliance. Inspections will be performed periodically(Garza-Bury)and at specified hold-points(DEI)to provide excellent quality assurance at a reasonable price. Typical Page 2 of 3 hold-points for this type of project are identified below: • All welding and structural repairs completed prior to painting. • Reinforcement and forms properly installed prior to placing concrete • Containment erection completed. • Surface contaminants removed (if required). • Blast profile obtained and degree of blast completed • Prime coat completed. • Stripe coat completed. • Intermediate coat completed. • Finish coat completed. • Holiday detection test of interior completed. • Cure test of interior completed. The ENGINEER agrees to process Contractor progress payments and recommend payment by the CITY. The ENGINEER agrees to prepare and process Contract Change Orders as required during the course of the construction contract and respond to RFIs. The ENGINEER agrees to attend periodic construction progress meetings to update the CITY as to quality, budget and schedule performance. The ENGINEER agrees to conduct a final inspection of the PROJECT and to recommend final payment for the CONTRACTOR when the PROJECT is completed. The ENGINEER agrees to schedule and conduct a one year warranty inspection of the PROJECT prior to the end of the warranty period and to coordinate completion of any required warranty repairs. 15%of Phase III work to be performed by Garza-Bury. Page 3 of 3 DUNHAM ENGINEERING, INC. E)ET www.DunhamEngineering.com Texas Registration Number: F-2253 D U N H AM 12815 FM 2154, Suite 150,College Station,TX 77845 Phone: (979)690-6555 Fax:(979)690-7034 ENGINEERING Inspection. Design. Results. Attachment B Compensation Meadowbrook Elevated Storage Tank Repair & Repainting Project Based on a preliminary $1,300,000 construction budget(assumes no lead abatement required), and a 150 day construction schedule, fees for the scope of services in Attachment A are outlined below. Fees include all costs associated with travel, labor, insurance, tools and equipment. ➢ Phase I—Preliminary • 22% of Phase I fee to be paid to Garza-Bury • Lump sum fee of$30,000 -partial payments due as follows: 0 50% due when Field Inspection complete. 0 50% due when Report of Inspection provided to CITY ➢ Phase II —Design, Advertisement& Award • 16% of Phase II fee to be paid to Garza-Bury • Lump sum fee of$70,000 0 25% due when Draft Documents provided to the City 0 25% due when Final Documents provided to the City 0 25% after completion of Pre-Bid Meeting and any required responses. o 25% due when Contractor recommended for award ➢ Phase III —Construction Engineering & Monitoring (CEM) • 20% of Phase III fee to be paid to Garza-Bury. • Lump sum fee of$47,500 o 25%when Contractor mobilizes 0 25% when Contractor is 50% complete 0 25% when Contractor is 75% complete 0 25% when Contractor is substantially complete Total Engineering Fees: $147,500 Engineering Fees as percent of estimated construction cost: 11.3% Percent MlSBE Participation: 18.5% Page 1 of 1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Meadowbrook Elevated Tank Rehabilitation City Project No. 19888 No changes or amendments made to standard agreement City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 Ljaox-pnrn l l.oz-unr z uOZ-Aerq L WZ-Jdv. L60Z-Jeri L60Z°^qej z.bOZ uer 9402°^ae01 9 4O-AO 9LOZ-1130 94OZ-daS 94.OZ-6nV MZ..pr 9r0Z-unr 9G0Z••.AeIN 9402°°jdV 940Z-JeN 9r0Z°°qej 9r0Z°ueq° SrOZ DoG 9LOZ-AON Mz °1001 SrO'Z-sn'V S40Z-pnf SrOZ unc S40Z AeVq S 40Z-JdV 9W OZ-Jepq S 40Z-qe3 S40Z^ uer Koz 090 bLOZ AON 4402 2008 Pv40Z-d8-S t OZ-6nV, .1 bupugeuaeH sAe(]wm cl 12 a C� ... ! Za c3 e;epdwoo sAeq o o a a s as a a ama a a a sAe(]6upa(J0 ev ccq "I N a e]epduJCao a/n a a p v o °rya r� i BR a0 uP °q' W) st ca u�a •eY^b rea w car ^ .� „ •"1' c o usr a ry ..... a�f aei c°a co 16 r LU LO �g c era w t warm `o _ c1 c cr .0 uj / um o CL 4Y i in Como) t w � P•— tJ e-- �,.. V.er ca °d ai o W ^G E E c a:r a .a? :S . co ro axx Q yr<t E 8 CAA ^ aL1 C2 b q .� y u.'N.. w'.. dVl -� E eur �s, csmaava. ...Ar.r.o0 N f° us cm as c+p cd cv r 1 e i m .r. •-• ”.4...rr ' ."4"," I ' ,• • ' •' , Fr, tV/ h ' ; 4,:41,r`• rt. ', EVE • , „ m 44. - I •44 • „-„, 1:4 yW 0 m a) — o a) < ia) SD CL OJ 9 cr u) o 0 0 :1, (0 N) as' als 3 4.4 cks m 0 0 Co 0 0 m - m H ni 0 z m OJ z 0 n, z p ••••111, A` CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDd 7 yy /29/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONS71TUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER aO CT Tennifer S °tYt Siegeler Insurance envy (n 542-8449 FAX (9,9)542-0469 172 West Austin Street E°MAIL A RE :7s @siegins. INSURER S AFF NAIL 9 Giddings TX 789423294 INSURERA:State AutaIIL® Ins 5135 INSURED INSURER B Admiral Ins. Co. Dunham Engineering, Inc. INSURER C 12815 FM 2154 Stem 150 INSURER D: INSURER E College Station TX 77845 INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 All policies REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN Y HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE D L UBR POLICY EFF POLICY EXP TR POLICY NUMBER WDDlYY'Y)o JN&22NYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY f3TkMTkGE MI E R occ rrenc $ 300,000 A CLAIMS-MADE L.:r'-q OCCUR BOP2802198 /1/2014 /1/2015 MED EXP(Any one person) $ 10,()00 PERSONAL&ADV INJURY $ 2,000,000 .... GENERAL AGGREGATE $.... 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS°COMP/OP AGG $ 4,000,000 X POLICY PRO- LOC $ AUTOMOBILE LIABILITY GEO BMEeD SINGLE LIMIT 1 000 000 A X ANY AUTO BODILY INJURY(Per son) $ ALL OWNED SCHEDULED BAP2404239 /1/2014 /1/2015 BODILY INJURY(Perawident) $ ALTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident PIP-Basic $ 5 000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 A 7 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ XF2125183 /1/2014 /1/2015 $ WORKERS COMPENSATION WfC STATU.. OTH- AND EMPLOYERS'LIABILITY Y A N ANY PROPRIETOR/PARTNER/EXECUTIVE 0 E.L.EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? NIA CP222E5F>0 !1/2014 /1/2015 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1_,O 0 0 000 It yyes,describe under DESCRIPTION OF OPERATIONS below E.L..DISEASE-POLICY LIMIT $ 1 000 000 B Professional Liability 0000023929°-01 0/17/201310/17/2014 Each"Clairn" 1,000,000 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS,t VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It more space Is required) Meadowbrook EST Rehabilitation Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE M T. Siegeler/AG x° ACORD 25(2010105) C>1958-2010 ACORD CORPORATION. All rights reserved. INS025 oninnsn m Tha Ar ewn nnma and lnnn,ra ranictarari mnirke of arnRn M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWoR m COUNCIL ACTION: Approved on 7/22/2014 REFERENCE ,,, 60MEADOWBROOK ELEVATED DATE: 7/22/2014 NO.: C-26876 LOG NAME: TANK REHAB- DUNHAM ENG CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: Authorize Execution of an Engineering Agreement with Dunham Engineering, Inc., in the Amount of$147,500.00 for the Meadowbrook Elevated Storage Tank Rehabilitation Project Located at 4601 Bridge Street (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize execution of an Engineering Agreement with Dunham Engineering, Inc., in the amount of$147,500.00 for the Meadowbrook Elevated Storage Tank Rehabilitation Project located at 4601 Bridge Street. DISCUSSION: The two million gallon Meadowbrook elevated storage tank was constructed in 1959 and last rehabilitated in 2001. This elevated tank provides potable water storage and fire protection for areas in east Fort Worth. The existing coating system is in need of replacement as required to protect the structural steel from corrosion. On March 6, 2014, a Request for Proposals (RFP) was issued for several Water Department projects, including potable elevated storage tank rehabilitation projects. On April 9, 2014, a total of five proposals were received from engineering consultants for the elevated storage tank rehabilitation projects. A Staff consultant selection committee recommended Dunham Engineering, Inc., for the Meadowbrook elevated storage tank rehabilitation project. As part of the work, Dunham Engineering, Inc., will test the existing coatings for heavy metals and perform a structural inspection of the tank. A preliminary design report recommending existing coating removal and disposal methods, structural repairs, and proposed coating system will be prepared. Upon approval of this design report, the engineer will prepare plans, specifications and cost estimates, provide bidding assistance, and perform the construction management and on-site inspection for the rehabilitation project. M/WBE Office- Dunham Engineering, Inc., is in compliance with the City's BDE Ordinance by committing to 18 percent SBE participation. The City's goal on this project is 12 percent. The project is located in COUNCIL DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P253 531200 604180232980 $147,500.00 Submitted for City Manager's Office by: Fernando Costa (6122) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19888&councildate=7/22/2014 7/28/2014 M&C Review Page 2 of 2 Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Chris Harder(8293) ATTACHMENTS 60Meadowbrook Elevated Tank Rehab Dunham Eng map.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=19888&councildate=7/22/2014 7/28/2014