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HomeMy WebLinkAboutContract 45860l�U 4l tl 2NCRETARY covnivAcrir R100 r ,11:55,(ie 0 • im• CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Kleinfelder, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Como Ground Storage Tank Repair and Re -painting 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 $153,834.50 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. 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 invoice. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 1 of 16 RrCEIVILT AUG 19 (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 3 of 16 I 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 for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 4 of 16 I 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. 1. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 5 of 16 facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 6 of 16 I 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 (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 8 of 16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official 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 CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 10 of 16 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 11 of 16 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. L CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 12 of 16 B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 13 of 16 E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 14 of 16 J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services 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 Executed and effective this the %*day o BY: CITY OF FORT WORTH eimeidis4) at — Fernando Costa Assistant City Manager Date: 8/1411+ APPROVAL RECOMMENDED: By:&Li/ 42 fin.S. Frank Crumb, P.E. Director, Water Departments BY: ENGINEER Kleinfelder, Inc. S) isterrk Emad AI -Turk, PE Vice President Date: 1/3)/I APPROVED AS TO FORM AND M&C No.: LEGALITY M&C Date: B Douglas W. Black Assistant City Attorney ATTEST: Mary J. Kajrser City Secretary City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 16 of 16 N 12.11 e2r°k. v air ("KL EINrA=—L DER Bright People.Right Solutions. ATTACHMENT A Como Ground Storage Tank Repair and Repainting COFW Project No. 02314 Scope of Services City of Fort Worth, Texas PURPOSE AND SCOPE OF BASIC SERVICES As part of Phase I, the ground storage tank will first be evaluated in terms of its physical condition and operating performance. Kleinfelder will develop planning estimates of the costs to repair tank deficiencies observed. For Phase II, Kleinfelder will prepare final design, detail drawings, technical specification and opinion of cost for rehabilitation of tank. Phase III, Kleinfelder will provide construction phase engineering support services as well as observe and document field quality during the rehabilitation phase. The scope of work to accomplish this purpose is described in detail below. Task 1 — Project Planning & Management Upon issuance of Notice to Proceed, Kleinfelder will develop a health and safety plan, review available information provided by the City, tailor the assessment forms, and prepare a field assessment work plan with an inspection schedule. Task 1.1 — Develop Health and Safety Plan Kleinfelder will prepare a Health and Safety Plan, including a list of project personnel responsible for health and safety, hazard analysis for the anticipated activities, required personal protective equipment, contingency measures and forms. Field personnel will be briefed on the plan. Task 1.2— Review Available Information Kleinfelder will submit a list of information to the City which is required to complete the tank assessments and prioritization activities. The data request is expected to include, at a minimum: • As-builts and manufacturer's drawings for the storage tank • TCEQ inspection reports • Operation and maintenance documentation Kleinfelder will submit a list of questions to the City which is required for Kleinfelder staff to become familiar with the ground storage tank — specifically operations, maintenance, water quality, corrosion, safety, security and regulatory compliance issues. Kleinfelder will use pre- existing condition assessment rating criteria for the tank and major components. Kleinfelder will recommend a suggested date for the evaluation and assessment. Kleinfelder will facilitate a monthly progress meeting with the City's project manager. These meetings will review project progress, discuss upcoming tasks, and compare schedule and budget against original submittal. Kleinfelder will maintain project schedule updates and will provide reports to City at the monthly progress meeting. When feasible, these meeting will be conducted in conjunction with other task meetings. DFW14P0464 Page 1 of 8 June 10, 2014 ©2014 Kleinfelder KLEINFELDER 7805 Mesquite Bend Dr.,Suite 100, Fort Worth,TX 75063 p 1972.868.5900 f 1972.409.0008 PHASE Task 2 —Assessment of Tank Kleinfelder will perform assessment of the Como GST, in accordance with the procedures stated in the following subtask. Task 2.1 —Wet Tank Condition Assessment Kleinfelder can evaluate and assess the tank using a combination of a "float" and "wet" tank approach using certified commercial divers along with a remotely operated vehicle (ROV). • Once the hatch is open, Kleinfelder staff will inspect the tank assets via commercial divers. • Condition of the walls and interior appurtenances will be visually inspected using a camera and video recorder. • Based on visual assessments, Kleinfelder will provide ratings for condition, performance and code compliance. For structures with significant visible degradation, Kleinfelder will identify appropriate additional testing to evaluate the structural integrity; recommended structural integrity testing would be performed as an additional service by amendment to this scope of services. • Kleinfelder will perform observations as identified in Table 1. City responsibilities include: • Providing access to tanks for Kleinfelder staff. • Opening electrical panels, guards, or hatches for Kleinfelder to visually evaluate electrical components. • Operating tank electrical system (i.e. turning the power off/on to the pumps). This will include increasing the level of water, if needed. • Disinfection of the tank. Kleinfelder will perform the following observations in Table 1 for tank to include at a minimum — coating system, structural, safety, security, operational and sanitary conditions as well as general details. DFW14P0464 Page 2 of 8 June 10,2014 ©2014 Kleinfelder KLEINFELDER 7805 Mesquite Bend Dr., Suite 100, Fort Worth,TX 75063 p 1 972.868.5900 f 972.409.0008 Table 1 —Observations of Tank System Kfil fiani S� mf 1V�eth�zclOi +►attl v Coating Systems The condition of the tank exterior coating systems will be evaluated by the following methods: Tank Exterior • Observation of the coating,where access permits Coating System • Coating adhesion test • Coating thickness measurements • Heavy metal tests • Depth and location of corrosion pitting or general corrosion The condition of the tank interior coating systems will be evaluated by the Tank Interior following methods: Coating System • Observation of the coating,where access permits • Coating thickness measurements • Depth and location of corrosion pitting or general corrosion Structural Perform an exterior observation to assess the condition of the following: • Tank foundation Tank Exterior • Structural steel, roof plates, shell plates, where access permits Structural and • Access ladders, platforms, walkways, stairs, and railing Appurtenances • Roof accessories,vents, and roof hatch • Exterior valves and piping connected to the tank, inlet/outlet piping, tank drain, sludge drain,washout piping, overflow pipe, flap valve and containment structure Perform interior observations to assess the condition of the following: • Roof plates, roof framing, and upper portions of the shell above the high Tank Interior water level Structural and • Visible portions of the tank and appurtenances at floor level Appurtenances • Overflow weir, and pipe • Ladder • Level sensor/transmitter and sample to Safety&Security Perform an observation of safety and security features to assess the condition of the following: • Security cameras, alarms, sensors and access controls • Fall protections systems Safety and • Ladders and railings constructed to OSHA requirements Security Features Safety climbing devices •• Painters rings and brackets • Locking ladder guard • Fencing, gates, lighting and access points Operational Tank Site Perform an observation of tank site to assess the condition of the following: Evaluation Overflow splash pad or catchment structure Perform an observation of pipe and valve vault to assess the condition of the following: Pipe and Valve • Vault structure • Access hatch, ladder and safety devices Vaults • Pipe and valves • Pipe and valve coating • Pipe and valve supports DFW14PO464 Page 3 of 8 June 10,2014 ©2014 Kleinfelder KLEINFELDER 7805 Mesquite Bend Dr.,Suite 100, Fort Worth,TX 75063 p(972.868.5900 f 972.409.0008 1aIG System rr IthoclOs+ rY �on. • Ventilation, lighting, sump pumps and drains • Labeling Sanitary Perform an observation of the tank system to assess potential pathways for contamination: Pathways for * Roof or Roof and walls Contamination Roof hatches • Roof drainage Evaluation Venting • Screening • Overflow Task 2.2 — Ranking of Tank System Components. After completion of on-site assessment of each tank asset, KLEINFELDER will assign a score for each tank system component using the ranking criteria in Table 2. Table 2— Rankings 3 1-Excellent 2-Slightly Visible Degradation Condition Ranking 3-Visible Degradation 4-Integrity of Component Moderately Compromised 5-Integrity of Component Severely Compromised 1-Component Functioning as Intended Performance 2-In-Service, but Higher than Expected O&M Ranking 3-In-Service, but Function is Impaired 4-In-Service, but Function is Highly Impaired 5-Component not Functioning as Intended Code Compliance 1- Exceeds: Component Functioning as Intended by Regulation Ranking 2-Acceptable: In-service, but Function Minimally Meets Regulation 3- In-service, but Function Does Not Meet Regulation Task 3— Preliminary Evaluation and Assessment Report (PEAR) Kleinfelder will analyze the assessment findings and develop a list of repairs and operation and maintenance actions in order of priority. Kleinfelder will develop preliminary planning-level opinions of probable cost for design and construction of recommended tank repair/refurbishment projects. Planning-level opinions of probable cost will be based upon recently awarded Contracts in the area, RS Means and other sources. City staff will provide examples of bids for recent City of Fort Worth tank projects to assist with tailoring cost estimates. KLEINFELDER will present the prioritized list of rehabilitation projects in a tabular format, including opinions of probable construction, rehabilitation and repair costs. DFW14P0464 Page 4 of 8 June 10,2014 ©2014 Kleinfelder KLEINFELDER 7805 Mesquite Bend Dr.,Suite 100,Fort Worth,TX 75063 p(972.868.5900 f 1 972.409.0008 Task 3.1 — Preparation of Preliminary Evaluation and Assessment Report(PEAR) Kleinfelder will provide a final evaluation report for Como GST. The report will include the following information: • Scope of Inspection & Evaluation • Inspection & Evaluation Standard • Inspection & Evaluation Personnel • Definitions • Site Description • Tank Facility Description • Inspection & Evaluation Results o Coating System o Structural • Safety& Security • Operational • Sanitary • Repair& Replacement List • Preliminary planning level Opinion of Probable Cost for R&R List Kleinfelder will submit one (1) copy of the draft report to the City for review. Following receipt of comments from City, Kleinfelder will meet with the City of Fort Worth to review comments and then finalize the report. City responsibilities include review and comment on draft evaluation report. Printed and Electronic Deliverables One (1) complete copy of the final assessment and evaluation report will be provided. An electronic copy of report will provided PHASE II Task 4— Design Phase Services After approval of the Preliminary Evaluation and Assessment Report (PEAR) by the City of Fort Worth, KLEINFELDER will produce a set of design plans, specifications and opinion of probable cost estimate for the rehabilitation of the Como GST. DFW14P0464 Page 5 of 8 June 10,2014 ©2014 Kleinfelder KLEINFELDER 7805 Mesquite Bend Dr.,Suite 100, Fort Worth,TX 75063 p 972.868.5900 f 1 972.409.0008 Task 4.1 — Preparation of Plans Drafts of the design plans specifications and contract documents shall be submitted to the City of Fort Worth at 60% and 90% completion levels. Task 4.2—Design Review Submittals 60% Plans, Sections, Draft Preliminary 1 and Most Details 1 Bound 90% Bid Ready Bid Ready Final 1 Unbound for Repro uction The City of Fort Worth will reproduce and distribute drawings and specifications for bidders. Task 4.3 —Opinion of Probable Construction Cost Prepare updated opinion of probable construction costs at the 60% and 90% completion stages. Printed and Electronic Deliverables • One (1) hard copy (11"x17") and one (1) electronic copy of rehabilitation drawings at 60% design level. • One (1) hard copy (11"x17") and one (1) electronic copy of rehabilitation drawings at 90% design level. • One (1) set of specifications and contract documents will be delivered as part of the 90% and 90% design submittal • One (1) set of opinion of probable construction cost will be submitted as part of the 90% design submittal. PHASE III Task 5—Construction Administration Engineering Support Services Kleinfelder will provide construction phase engineering services to include the following: • Aid in bid document preparation. Review bids and provide recommendations. • Attend field construction progress meetings and provide monthly construction reports to City of Fort Worth. • Review Contractor submittals and shop drawings. • Process and develop responses to Contractor Requests for Information (RFIs). • Assist in the review and evaluation of contract change orders. • Prepare final as-built documents. DFW14P0464 Page 6 of 8 June 10,2014 ©2014 Kleinfelder KLEINFELDER 7805 Mesquite Bend Dr.,Suite 100, Fort Worth,TX 75063 p 1 972.868.5900 f 1 972.409.0008 Task 5.1 — Bid Phase Services Kleinfelder will attend the bidder's conferences for the tank, prepare notes, log questions for bidders, and prepare up to three (3) addenda each. In addition, Kleinfelder will assist the City of Fort Worth in tabulating and comparing the bids, and evaluating bidder qualifications, based on financial and reference checks. It is assumed that City of Fort Worth will advertise for bids, reproduce and distribute contract documents to bidders, maintain a list of bidders, and host the bidder's conference. Task 5.2—Issued for Construction Documents Kleinfelder will compile issued for Construction Documents; one reproducible and one (1) hard copy will be provided. Task 5.3 —Construction Coordination Meetings Kleinfelder will attend the pre-construction meeting. Kleinfelder will attend construction meetings and the contractor, subcontractors, and City staff. Attendance at up to ten (10) meetings is anticipated. Task 5.4— File Preparation Kleinfelder will maintain a file of shop drawings with review comments, RFIs, change orders, and other documents processed by Kleinfelder. Task 5.5—Contract Change Orders/Plan Revisions Analyze and make recommendations to City staff regarding contract change orders, and plan revisions requested during the course of the construction projects. Change orders will be evaluated from an engineering perspective. Up to two (2) change orders are anticipated. Task 5.6— Requests for Information Review, coordinate with City staff and respond to contractor's request for information (RFIs). When appropriate, suggestions and alternatives will be provided to the contactor and/or City staff. A log of RFIs will be maintained. Upon to three (3) RFIs are anticipated. Task 5.7—Shop Drawing Review Receive and review technical documents submitted by contractor. Submittals will be reviewed by Kleinfelder for general conformance to the contract documents. Subsequent to Kleinfelder's review, we will return the submittal to the contractor. Kleinfelder will maintain a log of shop drawings that have been submitted, and the disposition. We estimate that approximately five (5) shop drawings submittals will be reviewed. Task 5.8—Record Drawings Prepare construction record drawings based on information supplied by the Contractor. One (1) hard copy (11"x`17") and one (1) electronic copy of record drawings after construction completion. DFW14P0464 Page 7 of 8 June 10,2014 ©2014 Kleinfelder KLEINFELDER 7805 Mesquite Bend Dr.,Suite 100, Fort Worth,TX 75063 p(972.868.5900 f 1 972.409.0008 Task 6— Construction Observation Services Kleinfelder will provide a project representative meeting the City of Fort Worth's requirements to perform construction observations for the on-site quality assurance program. During these observation visits, the project representative will consult with the general contractor to review the overall activities and progress of the project. In a proactive manner, Kleinfelder intends to identify potential issues that may impede project progress or potentially add cost to the successful completion of the project. If there are any issues identified, they will be discussed with the contractor to manage both the schedule and cost through project completion. Kleinfelder will provide reports of the observations. Kleinfelder will also review the contractor's baseline schedule, which needs to be set and updated in writing if any changes occur. Kleinfelder will have the authority to halt operations until unsatisfactory conditions have been corrected — if City inspector is not on-site. The City will be notified immediately. In addition, after consultation with the City, Kleinfelder will have the authority to recommend procedures to correct conditions detrimental to timely and proper execution of work. INFORMATION/SERVICES PROVIDED BY THE OWNER Owner shall: • Designate in writing a person to act as their representative, with respect to the services rendered in this proposal. • Indicate a point of contact at the project site location that can relay safety procedures, grant site access/escort, and indicate location of existing subsurface utilities/structures. • Obtain rights-of-entry, permits, easements, landowner permission, and all other authorizations and permits required to perform the services described in this proposal. • If available, provide reports, plans, and records of tank planning, design, construction and maintenance. ADDITIONAL SERVICES The following services are not included in the Scope of Basic Services and will be considered as Additional Services, if and when they are required or requested: • The services of specialty sub-consultants or other special outside services other than those described in the above Scope. • Assessment of third party communication systems installed on the tanks. • Meetings, other than those described in the above Scope. • Additional report copies or submittals; or report revisions after final submission. • Additional or increased insurance coverage (if available) other than described in the Engineering Services Contract. • Coordination with regulatory agencies other than described in the above Scope. • Structural investigation or assessments that are not specifically included in the above Scope • Survey services associated tank designed in the above Scope. DFW14P0464 Page 8 of 8 June 10,2014 ©2014 Kleinfelder KLEINFELDER 7805 Mesquite Bend Dr.,Suite 100, Fort Worth,TX 75063 p 1 972.868.5900 f 1 972.409.0008 KLE/NFELOER Bright People.Right Solutions. ATTACHMENT B Compensation REIMS. TASK HOURS BUDGET LABOR EXPENSE BUDGET SUB ; TOTAL !. BUDGET Task 1 - Project Planning 67 $11,048.00 $0.00 $0.00 $11,048.00 & Management Task 2-Assessment of 68 $7,820.00 $1,300.00 $9,982.50 $19,102.50 Tank Task 3- Preliminary 88 $11,630.00 $0.00 $0.00 $11,630.00 Evaluation &Assessment Task 4- Design Phase 332 $38,472.00 $450.00 $15,950.00 $54,872.00 Services Task 5-Construction Phase Engineering 154 $20,160.00 $135.00 $0.00 $20,295.00 Support Task 6-Construction 362 $36,262.00 $625.00 $0.00 $36,887.00 Observation Services TOTALS 1071 $125,392.00 $2,510.00 $25,932.50 $153,834.50 DFW14PO464 June 2, 2014 ©2014 Kleinfelder KLEINFELDER 7805 Mesquite Bend Dr.,Suite 100, Fort Worth,TX 75063 p 972.868.5900 f 972.409.0008 KLEINFELDER BUDGETING TEMPLATE Como Ground Storage Tank PROJECT NAME: Repair& Repainting FEE ESTIMATOR: Freddie Guerra PROJECT MANAGER: CP Nawal PRICING BASIS: Multiplier Enter Labor Pricing Mult. Here --> 3.10 �,' r' {✓ � fin. � P � r 1 Freddie Guerra 12 - Project Manager III $190.00 2 QPR 13 - Sr. Principal $180.00 Professional 3 CP Nawal 12 - Principal Professional $175.00 4 Rachel Norris 9 - Staff Professional II $100.00 5 CADD 8 - GIS Analyst 1 $75.00 6 PCS 10 - Project Controls $110.00 Specialist IV 7 Adm 6 -Administrative II $65.00 8 David Hernandez 8 - Construction Inspector II $85.00 9 Emad AI-Turk 14 -VP $298.00 Overhead Rate 180% DFW14P0464 June 2,2014 ©2014 Kleinfelder KLEINFELDER 7805 Mesquite Bend Dr.,Suite 100, Fort Worth,TX 75063 p 1 972.868.5900 f 1 972.409.0008 C) 0 0 0 0 C) C) 0 0 0 0 00 O O N O N M ,. O 00 CMO � O N N 00 O CO r ,„ .. M N M �} c' w r - O O CO t4 LO O CM O 00 CO It O O N d_ M ti 00 co N � to ti t0 00 M M 00 O ME CY) ON to N 2 40 r � -Q! O O N M L O o t C14 00 N co O CL LO cli CD LO 00 N 1l1 M CO ✓ err` `' - " '. N? EfY ER co O CD 00 CD 00 co LL r- ✓ N I H co r ° ° Iq � N ^ n 0O 00 M n L 4a 69. C) MEMO r � r M 00 O Cl) N M -�- I -✓ ate, .--- �? 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W o O - N M N d Cn p CO U U Y C Y m E Ne tOn N W Y 7 O co co a3 cn cv c0 co a> c`a Q N h U) H U) LL (OK�LIN,=EL DER Bright People.Right Solutions. ATTACHMENT C Amendments to Standard Agreement For Engineering Services I t I Article K. Insurance Page 7, Item (2) (g)—Amend this section to allow Kleinfelder to change the deductible from $25,000 to $100,000 SIR. DFW14PO464 June 10,2014 ©2014 Kleinfelder KLEINFELDER 7805 Mesquite Bend Dr.,Suite 100,Fort Worth,TX 75063 p 972.868.5900 f 1 972.409.0008 ('OKL E/NFEL DER Bright People.Right Solutions. ATTACHMENT D Project Schedule i r, PROJECT SCHEDULE Notice to Proceed: Week of July 14, 2014 Perform Assessment of Tank: Week of July 21, 2014 Submittal of Preliminary Evaluation and Assessment Report (PEAR): Week of September 1, 2014 City's Review Comments on PEAR: By September 5, 2014 60% Submittal to the City for Review: Week of October 6, 2014 City's Review Comments on 60% Submittal: By October 10, 2014 90% Submittal to the City for Review: Week of October 27, 2014 City's Review Comments on 90% Submittal: By October 30, 2014 Finalize the Design and Ready for Bid: By November 7, 2014 Advertisement/Bidding Phase: November 2014 to December 2014 Construction Phase: December 2014/January 2015 to April 2015 DFW14P0464 June 10,2014 ©2014 Kleinfelder KLEINFELDER 7805 Mesquite Bend Dr.,Suite 100, Fort Worth,TX 75063 p 972.868.5900 f 1 972.409.0008 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/22/2014 DATE: Tuesday,July 22,2014 REFERENCE NO.: **C-26874 LOG NAME: 6000MO GST REPAINT&REHAB SUBJECT: Authorize Execution of an Engineering Agreement with Kleinfelder Central,Inc.,in the Amount of $153,835.00 for the Como Ground Storage Tank Repaint and Rehabilitation Project Located at 5920 Blackmore Avenue East of Bryant Irvin Road(COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Agreement with Kleinfelder Central,Inc.,in the amount of$153,835.00 for the Como Ground Storage Tank Repaint and Rehabilitation Project located at 5920 Blackmore Avenue East of Bryant Irvin Road. DISCUSSION: The Como six million gallon(MG)ground storage tank(GST) provides potable water storage for Holly Pressure Plane within the Central Fort Worth area. It is a steel GST, originally built in 1959, and was last repaired and repainted in 1996.In the past, structural repairs were performed to the roof deck and vent due to failed coatings and corrosion of the steel structure. On March 6,2014, a Request for Qualifications (RFQ)was issued for several Water Department projects including potable water storage tank rehabilitation projects. On April 9, 2014,a total of six proposals were received from engineering consultants for the tank rehabilitation projects.A Staff selection committee recommended Kleinfelder Central,Inc.,for the Como GST repaint and rehabilitation project. As part of the work,Kleinfelder Central,Inc.,will test the existing coatings for heavy metals and perform a physical and structural inspection of the tank.A preliminary design report anticipated to recommend existing coating removal and disposal methods, structural repairs and proposed coating system will be prepared. The report will also identify all related ancillaries including roof hatches, ladders,roof vents,platforms,and other structural elements,which need to be repaired/replaced/modified to bring this GST into compliance with new federal and state regulations dealing with safety, operational and maintenance issues. 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—Kleinfelder Central,Inc.,is in compliance with the City's BDE Ordinance by committing to 12 percent SBE participation.The City's SBE goal on this project is 12 percent. The project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated,of the Water Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P265 531200 603180231430 $153.835.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S.Frank Crumb (8207) Additional Information Contact: Farida Goderya (8214) ATTACHMENTS 1.02314—SBE Compliance—Kleinfelder.12 2. Como GST Site.pdf 3.FAR-00001CIP#02314P265.pdf 4.Fund Verification.pdf