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HomeMy WebLinkAboutContract 45866omen CM t E CM. PACT CITY OF FORT WORTH, TEXAS •L_---ra I STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Neel -Schaffer, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Stage Coach Ground Storage Tank Rehabilitation Project. Article I 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 $116,085 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 16 001,±3' cao (AyEi(c,„\T,WiiiI) pp:7,y (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 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 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 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 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 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 ME. 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 Worth,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 ENGINEER. 1. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 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 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; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 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 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 15 of 16 Attachment E - Location Map Executed and effective this the BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Date' 8��8h4 APPROVAL RECOMMENDED: 11/41re#7,0 CPAAA S. Frank Crumb Director, Water &lt BY: ENGINEER Neel -Schaffer, Inc. --sz6mes P. Amick, P.E. Engineer Manager Dates APPROVED AS TO FORM AND M&C No.: LEGALITY M&C Dates B Douglas W. Black Assistant City Attorney ATTEST: Mary J. dr 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 7ril OFFICIAL RECORD' SECRETARY Lig. WORTH, TX ATTACHMENT A DESIGN SERVICES FOR STAGE COACH GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.:02316 ATTACHMENT A Scope for Engineering Design Related Services for Water Improvements DESIGN SERVICES FOR STAGE COACH GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.: 02316 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. The work to be performed entails rehabilitating the Stage Coach Ground Storage Tank. WORK TO BE PERFORMED Task 1 - Design Management Task 2 - Preliminary Design Report Task 3 - Design Task 4 -Advertisement and Award Task 5 - Construction Phase TASK 1 - DESIGN MANAGEMENT ENGINEER shall: • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Prepare invoices and submit monthly in the format requested by the CITY • Prepare and submit monthly progress reports in the format provided by the Water Department • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly • Complete Monthly MWWBE Report Form and Final Summary Payment Report Form at the end of the project ASSUMPTIONS • Twelve MWBE reports, progress reports and project schedule updates will be prepared. MWBE reports will be mailed, and the other items uploaded to Buzzsaw. DELIVERABLES Page 1 of 6 O:\Marketing\Fort Worth\Stagecoach GST\Attachment A.doc 6/212014 ATTACHMENT A DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.: A. Meeting summary with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2 - PRELIMINARY DESIGN REPORT ENGINEER will prepare a Preliminary Design Report. It will include documentation of the existing structural condition; assessment of the coating system condition including laboratory analysis of paint chips; assessment of the tank appurtenances including hatches, vents, ladders, platforms, and piping; and assessment of the compliance with OSHA safety requirements. The Preliminary Design Report will include the Engineer's recommendations for complete rehabilitation of the tank, as well as a preliminary opinion of probable construction cost. The ENGINEER will receive CITY staff comments by e-mail. Attending a review meeting is not included. 2.1. Data Collection • The CITY will provide ENGINEER all relevant data including the most recent inspection report and record drawings of major underground piping • The ENGINEER will visit the tank site to briefly review the recommendations for rehabilitation proposed in the inspection report and observe the visible portions of the tank (it will not be drained, therefore internal details will not be accessible) • The ENGINEER will obtain paint scrapings from the outside of the tank and have them analyzed for lead. • The ENGINEER will review the inspection report and in conjunction with the site visit, determine refurbishing method and required specifications, recommend extent of refurbishing required and review tank for compliance with TCEQ requirements • The ENGINEER will provide a Boundary and Topographic Survey of the site (Map 2006-388, Stagecoach Pump Station Addition, 40109, Block 1, Lot 1) 2.2. The Preliminary Design Report shall include the following in a letter report: • Cover letter • List of proposed rehabilitation features • Documentation of key design decisions (i.e., considering inclusion of project components that will speed construction like requiring dehumidification on interior work) Page 2 of 6 O:\Marketing\Fort Worth\Stagecoach GSTWttachment A.doc 6/2/2014 ATTACHMENTA DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.: • Photographs • Opinion of probable construction cost ASSUMPTIONS • The Preliminary Design Report will be delivered electronically in PDF format. • ENGINEER shall revise the report after receiving CITY comments, if needed. DELIVERABLES A. Preliminary Design Report TASK 3 - DESIGN ENGINEER will develop the design as follows. It will include preparation of 60%, 90% and 100% plans and specifications, to be reviewed by Water Department staff; attendance at design review meetings with Water Department Staff; and preparation of opinion of probable construction cost at 90%. Design Drawings shall include the following as necessary: • Cover Sheet • Vicinity Map • Site Plan (based on City provided drawings and the survey showing visible aboveground features from the survey and major underground water lines based on the CITY's record drawings, no future site improvements will be shown) • Grading Plan (to drain ponding areas northwest of the tank) • General Notes • Ladder Details (replacement) • Staircase Details (to modify/replace to OSHA Standards) • Shell Man-way Details (to increase all three to 36" minimum and replace/modify hinge) • Roof Hatch Details (to add a second one, 36"x 36") • Platform Details (with one additional handrail panel either side of platform) • Logo Details • Miscellaneous Details ASSUMPTIONS Page 3 of 6 O:\Marketing\Fort Worth\Stagecoach GST\Attachment A.doc 6/2/2014 ATTACHMENT A DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.: • Specifications and standards (including project sign detail, etc.)will be obtained one time from CITY at the beginning of the project. Updates and/or revisions will be considered additional services. • The CITY's front end specifications will be used. The ENGINEER shall develop/customize technical specifications for repairs and coatings. • Two sets of 11 x 17 size plans and two sets of specifications will be delivered for each of the 60%, 90% and 100% submittals. • Logo specifics to be provided by City (size, colors, etc.). • Induced current cathodic protection will not be used. DELIVERABLES A. Design drawings and specifications B. Estimate of probable construction cost C. Original cover mylar for the signatures of authorized CITY officials TASK 4 -ADVERTISEMENT AND AWARD ENGINEER will support the bid phase of the project as follows: • Printing and distribution of plans/specifications to contractors during bid period • Assist with special pre-qualification of contractors (if necessary) • Maintain plan holders log • Conduct pre-bid meeting • Answer contractor's questions, issue addendum (after review by CITY) as appropriate • Prepare bid tabulation and make recommendation on award • Prepare three sets of conformed documents ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Thirty sets of 11 x 17 construction documents will be sold to plan holders and/or given to plan viewing rooms. • Two sets of full size sets of drawings will be delivered to the CITY. • Three sets of 11 x 17 size drawings and three specifications will be delivered to the CITY, from the thirty printed for bidding, as conformed documents. If three sets are not available from bidding they can be provided at additional cost. Page 4 of 6 O:\Marketing\Fort Worth\Stagecoach GST\Attachment A.doc 612/2014 ATTACHMENT A DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.: • The CITY will prepare the Advertisement and coordinate with the Newspaper. • The CITY will post plans/specifications/addenda to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulation C. Recommendation of award D. Construction documents E. Conformed documents TASK 5 -CONSTRUCTION PHASE ENGINEER will support the construction phase of the project as follows: • Conduct preconstruction conference • Submittal review and attendance at monthly construction meetings • OPTIONAL On-site inspection, testing and resident representation services • Management of construction submittal and documents and review and recommendations for pay estimates, RFls, proposed changes and other construction issues • Timely and thorough shop drawing review and RFI responses (posted to Buzzsaw by ENGINEER) • Prepare record drawings based on red line markups provided by the Contractor. Record Drawings shall be submitted in Adobe Acrobat PDF format(version 6.0 or higher) format. This will include shop drawings signed and sealed by Contractor's Engineer as appropriate. ASSUMPTIONS • Three RFI's are assumed • One Change Order is assumed • Six Site Visits are assumed • Six Pay Applications are assumed • Six Monthly Meetings are assumed • Fifty paint and weld inspections are assumed if authorized DELIVERABLES Page 5 of 6 O:\Marketing\Fort Worth\Stagecoach GST\Attachment A.doc 6/2/2014 ATTACHMENTA DESIGN SERVICES FOR FLEETWOOD GROUND STORAGE TANK REHABILITATION PROJECT CITY PROJECT NO.: A. Responses to Contractor's Request for Information B. Change Order C. Record Drawings ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Services related to development of the CITY's project financing and/or budget • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction • Public meetings • Services necessary due to the default of the Contractor • Services related to damages caused by fire, flood, earthquake or other acts of God • Services related to warranty claims, enforcement and inspection after final completion • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY • Performance of miscellaneous and supplemental services related to the project as requested by the CITY • Coordination and/or design for moving overhead power lines underground Optional services (inspections) will be credited back to the contract if not performed. $10,000 has been established as a contingency fund for additional services. This will only be used upon written authorization by the City. Page 6 of 6 O:\Marketing\Fort Worth\Stagecoach GST\Attachment A.doc 6/2/2014 ATTACHMENT B COMPENSATION Design Services for Stage Coach Ground Storage Tank Rehabilitation City Project No. 02316 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $116,085 (which includes a $10,000 contingency that may only be used at the City's discretion) as summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. Contingency — This line item is at the City's discretion to use. This can be used for any changes to the scope of work that gets added to the project (i.e., items identified during assessment that need immediate maintenance actions and/or unforeseen circumstances not accounted for in this scope of work). C. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Neel-Schaffer, Inc. Design and Bidding $86,765 74.7 Proposed MBE/SBE Sub-Consultants JQ Infrastructure Construction Management $17,820 15.4 Non-MBE/SBE Consultants Steel Inspectors of Paint and Weld Inspections $11,500 9.9 Texas, Inc. TOTAL $116,085 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE % #02316 Stage Coach Ground Storage $116,085 $17,820 15.4 Tank Rehabilitation T_ City MBE/SBE Goal = 12% Consultant Committed Goal = 12% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 0 0 Q) C a C °n c> � •ip O vi e9 �» E O C) 0] C N V O 7 V LO N d W d r d O o 3 0 O 'w >> C +d+ v c a) d c > d O r v U o E E CO C Oo0 o � LL O r d y r O o Qe E c axi aX L O ® rw `» n E @ v F 9 m E O v ' w r r a s U N 3 2i C a rn c c t � <v o a N 0 E° 'a C e® OE 1W c o d E°d tftC d'i E d c ° zo w N . a C c w � N w V,0 Q o Ol T = l6 r I9 ` E ~M MW (9 "@O � C C N 0 �' O N �' o)a O _ L O a u 3 U m Q N N a O a .1 N :Ll C y U O n` wh 0 LL Q) U U) d Q Q O U) Cr 1— C O E O` d d (� E C V m m u U a. �Q a w to U- O a) o V cn E !— �k C .O l4 d ® E v u a •� y d Z C C > 'O U (� W g ® N W QY W N N o •ryd U) O A V Q) f H F F F F O O E ce >,E� o � . L � O C o 0 o o 0 0 >a.u.r5 cn 33333 0 0 \)\ ] > .2 0 A 0 > 0 EE a 7i > E 0 0 E $« 0) E ID V 0 cw E (D CL E z /\ k /}/ \\�� \ � � � ) < -he 0 0 U) c: :3 cn p (D E a. 6 .0 cu < U) E z L; L: E 0. .2 z W.0 0 0 - 0>w' a; E 0 U) E 11 >E,E r c 0 . tai> CL (L 0 4) CL LL a. Q>0.LL 0) 6 :E- M E r > .0 > 0. E 0 A o �l w M 2 mE '0 0 rw E E > o 31: E n E �o W M E z o w 0 >o 2 \\ k \ .1 t5 E iw v (D v a 0 4,0 F-LL \/ 0 co C) 0)(0 lul w E tr © .2 -am F) z w fM /2 (555 2 o > LL� 3:LL C'L 0>IL -E (§\ j > .0 > B E 0 E \o 0 § ) ) E 2, CL E 0 L) 4) E z C5 k2 § �2 V w 0 )§/) � \ \ k � K\ .0 cu 0 L3 m EE \f)�` . / \ } .0 0 w =0 4i z IE U) 0 m 0 0) 0 CL Jq! E o 'o r.- 2 o > ca 0- 0- LL 0(L z >am LL�-.s 0. .... . . . . . . . .. .. .. ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Stage Coach Ground Storage Tank Rehabilitation Project City Project No. 02316 <List any changes to the Standard Agreement> None. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of 1 � I ff LO : » \ � 6 � \ r \ I > l � ... . . « \ > \ \ b ° ° § c / / o « a e § $ / 0{/ \{/ \ \t ( & \ §\# . . .. ¥. ..a2 « / §\/ 5 § \ Q _ § n 5 ± \ % / § a ) $ = } / U- § § LL U- / 2 ) \� * e c ; ° � $ / // ) c c i / � \ ƒ { a% i of { z i } } \ f \ \i D § (m :Em _ a) o2 A . \ : p & ! \D ) \���/ � \ �2 tt 1 � C,4 , � � � E E ( »* o g . / / City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/22/2014 DATE: Tuesday,July 22, 2014 REFERENCE NO.: **C-26878 LOG NAME: 60STAGECOACH GST REPAINT&REHAB SUBJECT: Authorize Execution of an Engineering Agreement with Neel—Schaffer,Inc.,in the Amount of$116,085.00 for the Stage Coach Ground Storage Tank Repaint and Rehabilitation Project Located at 8608 West Freeway Between Las Vegas Trail and Car Place Lane RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Agreement with Neel—Schaffer,Inc.,in the amount of$116,085.00 for the Stage Coach Ground Storage Tank Repaint and Rehabilitation project located at 8608 West Freeway between Las Vegas Trail and Car Place Lane. DISCUSSION: The Stage Coach 5.5 Million Gallon(MG)Ground Storage Tank (GST)provides potable water storage for Westside II Pressure Plane area within the City of Fort Worth.This GST was constructed in 1980 and repainted in 2001.More recent on site inspection of this tank has indicated that the existing coating system is again in need of replacement, as required, to protect the structural steel from corrosion. On March 6,2014, a Request for Qualifications(RFQ)was issued for several Water Department projects including potable 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 Neel—Shaffer,Inc.,for the Stage Coach GST rehabilitation project. As part of the work,Neel—Schaffer,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. The report will also identify all related ancillaries including roof hatches,ladders,roof vents, platforms,and other structural elements, which may need to be repaired/replaced/modified to bring this GST compliant 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—Neel—Schaffer,Inc.,is in compliance with the City's BDE ordinance by committing to 15 percent SBE participation.The City's SBE goal on this project is 12 percent. The project is located within the City limits of White Settlement. 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 600180231630 $116.085.00 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 1.02316—SBE Compliance—Neel Schaffer.pdf 2.FAR-00001CIP#02316 P265.pdf 3.Fund Verification.pdf 4. Stage Coach GST Site.pdf