HomeMy WebLinkAboutContract 26021 CITY SECRETARY
CONTRACT NO. o &C�
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Kimley_
Horn and Associates, Inc. (the "ENGINEER"), for a PROJECT generally described as:
Richardson Slough Lift Station Replacement.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is 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 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.
(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.
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(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, including interest. In the event of
suspension of services, the ENGINEER shall have no liability to CITY for
delays or damages caused the CITY because of such suspension of
services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment D.
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.
(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.
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D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, 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
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, for any reason, the ENGINEER should
make an on-site observation(s), on the basis of such on-site observations, if
any, the ENGINEER shall endeavor to keep the CITY informed of any
deviation from the Contract Documents coming to the actual notice of
ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
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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 matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT was
finally constructed. The ENGINEER is not responsible for any errors or omissions
in the information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 11923, the City has goals for the
participation of minority business enterprises and woman business
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City contracts. Engineer acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. Any misrepresentation of facts
(other than a negligent misrepresentation) and/or the commission of fraud by the
Engineer may result in the termination of this agreement and debarment from parti-
cipating in City contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have 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 workspace in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after 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 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 subcon-
sultant 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. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits, which are to be in effect prior
to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
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Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage
if written on a split limits basis). Coverage shall be on any vehicle used
in the course of the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B. $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an
Additional Insured thereon, as its interests may appear. The term
CITY shall include its employees, officers, officials, agents, and
volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified according to items section K.(1) and K.(2) of this
agreement are provided under applicable policies documented
thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation or material
change in coverage shall be provided to the CITY. A ten (10) days
notice shali be acceptable in the event of non-payment of premium.
Such terms shall be endorsed onto ENGINEER's insurance policies.
Notice shall be sent to the respective Department Director (by
name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas
76102.
(e) Insurers for all policies must be authorized to do business in the
state of Texas or be otherwise approved by the CITY; and, such
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(f) Deductible limits, or self insured retentions, affecting insurance
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required herein shall be acceptable to the CITY in its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may
also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
(j) The Professional Liability insurance policy, if written on a claims
made basis shall be maintained by the ENGINEER for a minimum
two (2) year period subsequent to the term of the respective
PROJECT contract with the CITY unless such coverage is provided
the ENGINEER on an occurrence basis.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of ENGINEER's
overhead.
(1) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
subconsultants maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
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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 ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
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 amendment
to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment D.
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A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be 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 in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing of
the ENGINEER's services or of any defect in the work of the ENGINEER or
construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release ENGINEER and its officers, employees, and subcontractors from all
claims, damages, losses, and costs, including, but not limited to, attorney's
fees and litigation expenses arising out of or relating to the presence,
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discharge, release, or escape of hazardous substances, contaminants, or
asbestos on or from the PROJECT. Nothing contained herein shall be
construed to require the CITY to levy, assess or collect any tax to fund this
indemnification.
(2) The indemnification and release required above shall not apply in the event
the discharge, release or escape of hazardous substances, contaminants,
or asbestos is a result of ENGINEER'S negligence or if such hazardous
substance, contaminant or asbestos is brought onto the PROJECT by
ENGINEER.
G. Contractor 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
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 H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
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(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 D.
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 final designs, drawings, specifications and
documents shall be owned by the CITY.
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C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control of
the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to
perform through no fault of the other and does not commence correction of
such nonperformance with 5 days of written notice and diligently complete
the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit
to the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination services.
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
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property, damage and bodily
injury, including death, caused solely by the negligence or willful mis
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of the ENGINEER, its employees, officers, and subcontractors in
connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including 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.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of
the Association then in effect. Any award rendered by the arbitrators less
than $50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will
not be subject to appeal or modification except toter -pe y
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Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose
in the litigation.
K. Severability and Survival
If any of the provisions contained in this 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.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
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 - Schedule
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EXECUTED in the City of Fort Worth, thisZ49 day of 1✓'1e , A.D. 2000
ATTEST: / CITY OJFO T W TH
_gA By'Gloria Pearsork D U Mi e G
City Secretary Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY j
ByBy: l�
Assistant City Attorney Dale A. Fissele , P.E.
Director, Water Department
ATTEST: KIMLEY-HORN AND
ASSOCIATES, INC.
B By: �LL— W. Z.'O�
illi—am s, P.E. Charles M. staples, P.E.
Vice President
Contract Authorization
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Date
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ATTACHMENT "A"
General Scope of Services
I. PRELIMINARY DESIGN SERVICES
KHA will provide the following professional services:
A. Attend a kick-off meeting with the City to develop design criteria.
B. Prepare for and conduct two (2) meetings with City operating staff in order to
coordinate this project with other City projects.
C. Coordinate with other agencies such as TNRCC, THD, etc., as may be
necessary for the design of the project.
D. Perform a geotechnical investigation to determine subsurface conditions and
make recommendations regarding structural, pavement and trench design
parameters.
E. Perform a topographic survey of the proposed site to verify topographic features
and existing utilities contained within and adjacent to the site. No boundary
survey will be performed or documents prepared, such as metes and bounds
descriptions, for acquisition of easements, temporary or permanent, for
construction or ingress /egress, with regards to this project.
F. Prepare and submit a Preliminary Design Report for the Richardson Slough
Replacement Lift Station that provides the firm pumping capacity of 5 MGD. The
preliminary design will be based on a submersible type lift station approximately
28 feet in depth utilizing the existing lift station's 16-inch forcemain and located
within the property boundaries for the existing lift station site. The preliminary
report will include; a site plan; plan view and cross-sections of the proposed
station; opinion of probable construction costs and; final design
recommendations. In addition, the preliminary design will provide additional wet
well volume and space features enabling the City to add pump equipment and
appurtenances, in the future, to increase the replacement station's firm capacity
from 5 MGD to 7 MGD. The preliminary site plan will also include area for
installation of a second lift station of equal size. The site layout for the second lift
station is intended to confirm that the City can exercise its option, at a later time,
to increase the entire facility's firm capacity to 14 MGD at the same site. There
are no provisions, under this contract, for the design of a second lift station, other
than a preliminary site layout, or the technical design (plans and specifications)
for increasing the replacement lift station's firm capacity from 5 MGD to 7 MGD.
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The following list summarizes the technical information to be included in the
preliminary design report:
- Discussion of Operating Features
Size and volume
Pumps
Piping
SCADA System
• None of existing SCADA will be utilized for the replacement lift
station
• Arrangements will be made during construction between the City
and selected Contractor to remove and salvage usable SCADA
components to be stored at City assigned facility
■ Major component for new SCADA in the replacement lift station will
include an automatic telephone dialer for remote alarm notification
- Hydraulic Analysis
- Preliminary Drawings
Site Plan
Lift Station Cross-Sections
Lift Station Plan View
- Opinion of Probable Construction Cost
- Recommendations for Final Design
G. Address City comments and prepare a final version of the Preliminary Design
Report.
In this phase, KHA will provide the following deliverables:
1. Five (5) copies of the Draft Preliminary Design Report for City review
2. Ten (10) copies of the final version of the Preliminary Design Report
3. Submit Preliminary Design Report to appropriate regulatory agencies for
review and approval
During this phase, KHA will participate in the following meetings:
1. Kick-off meeting
2. Two (2) meetings with City operating staff to coordinate lift station features
3. Two (2) coordination meetings with outside agencies
4. Presentation of the Preliminary Design Report to the City
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II. FINAL DESIGN SERVICES
Once all comments from the City have been addressed and the Preliminary Design
Report has been approved by the City, KHA will proceed with the following
professional services:
A. Prepare engineering plan sheets and specifications and construction contract
documents in accordance with the preliminary design and for project bidding and
regulatory approval for Plans shall consist of 22"x34" plan sheets. Specifications
shall include specifications for materials and installation of the proposed facilities.
The contract documents shall be in accordance with the City of Fort Worth
requirements.
B. Submit to the City 95% complete plans, specifications, contract documents, and
an opinion of probable construction cost for review and comment.
C. Submit final plans to appropriate regulatory agencies for review and utility
companies for relocation of adjacent or affected facilities.
D. Submit to the City final bidding documents.
In this phase, KHA will provide the following deliverables:
- Five (5) copies of 95% Plans and Specifications , Contract Documents
and an Opinion of Probable Construction Cost, for review and comment
- Five (5) copies of Final Plans and Specifications, Contract Documents
and an Opinion of Probable Construction Cost
During this phase, KHA will conduct the following meetings:
- Present 95% Plans and Specifications, Contract Documents and an
Opinion of Probable Construction Cost
- Present Final Plans and Specifications, Contract Documents and an
Opinion of Probable Construction Cost
III. ADVERTISE/BID PHASE SERVICES
KHA will provide the following professional services:
A. Prepare a Notice to Bidders for publication by the City. The City shall be
responsible for publication of the notice. KHA shall provide 30 bound sets of bid
documents for distribution by the City to prospective contractors, suppliers and
plan rooms.
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B. Provide support to City staff during the bid phase of the project to pre-qualify
prospective bidders, answer questions from bidders, issue interpretations of the
contract documents and prepare necessary addenda for the project.
C. Prepare for and conduct a pre-bid conference.
D. Attend the bid opening for the project, assist in the review and tabulation of the
bids received, evaluate the apparent low bidder(s) and make a recommendation
regarding the possible award of the contract.
E. Prepare contract documents for execution by the contractor, receive and review
such documents for completeness and forward to the City for review and
execution.
In this phase, KHA will provide the following deliverables:
- Recommendation for award to lowest acceptable Bidder
- Issue bid addenda and clarification as required
During this phase, KHA will conduct the following meetings:
- Pre-bid Conference
- Bid opening
IV. CONSTRUCTION CONTRACT ADMINISTRATION
KHA will provide professional construction phase services for the Richardson
Slough Lift Station Replacement project for the purpose of providing assistance to
Client during construction. These services include the following effort:
A. Coordinate and Conduct a Pre-Construction Conference prior to commencement
of Work at the Site.
B. Conduct visits to the Site once each week, during the construction phase, in
order to observe the progress of the Work. Such visits and observations by KHA
are not intended to be exhaustive or to extend to every aspect of Contractor's
work in progress. Observations are to be limited to spot checking, selective
measurement, and similar methods of general observation of the Work based on
KHA's exercise of professional judgment. Based on information obtained during
such visits and such observations, KHA will determine if Contractor's work is
generally proceeding in accordance with the Contract Documents, and KHA shall
keep the City informed of the general progress of the Work.
The purpose of KHA's visits to the site will be to enable KHA to better carry out
the duties and responsibilities, assigned in this Agreement, to KHA during the
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construction phase by the City, and, in addition, by the exercise of KHA's efforts,
to provide the City a greater degree of confidence that the completed Work will
generally conform to the Contract Documents and the integrity of the design
concept of the completed Project as a functioning whole as indicated in the
Contract Documents has been implemented and preserved by the Contractor.
KHA shall not, during such visits or as a result of such observations of
Contractor's work in progress, supervise, direct, or have control over the
Contractor's work, nor shall KHA have authority over or responsibility for the
means, methods, techniques, equipment choice and usage, sequences,
schedules, or procedures of construction selected by the Contractor, for safety
precautions and programs incident to the Contractor's work, or for any failure of
the Contractor to comply with laws and regulations applicable to the Contractor's
furnishing and performing the Work. Accordingly, KHA neither guarantees the
performance of any Contractor nor assumes responsibility for any Contractor's
failure to furnish and perform its work in accordance with the Contract
Documents.
C. Recommend to the City that the Contractor's work be disapproved and rejected
while it is in progress if, on the basis of such observations, KHA believes that
such work will not produce a completed Project that conforms generally to
Contract Documents or that it will prejudice the integrity of the design concept of
the completed Project as a functioning whole as indicated in the Contract
Documents.
D. Issue necessary clarifications and interpretations of the Contract Documents to
the City as appropriate to the orderly completion of the Contractor's work. Such
clarifications and interpretations will be consistent with the intent of and
reasonably inferable from the Contract Documents. Field Orders authorizing
variations from the requirements of the Contract Documents will be made by the
City.
E. Recommend Change Orders to the City, as appropriate. Review and make
recommendations related to Change Orders submitted or proposed by the
Contractor.
F. Review and approve or take other appropriate action in respect to Shop
Drawings and Samples and other data which the Contractor is required to
submit, but only for conformance with the information given in the Contract
Documents and compatibility with the design concept of the completed Project
as a functioning whole as indicated in the Contract Documents. Such review and
approvals or other action will not extend to means, methods, techniques,
equipment choice and usage, sequences, schedules, or procedures of
construction or to related safety precautions and programs.
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G. Evaluate and determine the acceptability of substitute or "or-equal" materials and
equipment proposed by Contractor, but subject to the provisions of applicable
standards of state or local government entities.
H. Require such special inspections or tests of Contractor's work as KHA deems
appropriate, and receive and review certificates of inspections within our area of
responsibility, tests, and approvals required by laws and regulations or the
Contract Documents. KHA's review of such certificates will be for the purpose of
determining that the results certified indicate compliance with the Contract
Documents and will not constitute an independent evaluation that the content or
procedures of such inspections, tests, or approvals comply with the requirements
of the Contract Documents. KHA shall be entitled to rely on the results of such
tests.
I. As necessary, render written decision on all claims from the City and Contractor
relating to the acceptability of the Contractor's work or the interpretation of the
requirements of the Contract Documents pertaining to the execution and
progress of the Contractor's work. In rendering such decisions, KHA shall be fair
and not show partiality to the City or Contractor and shall not be liable in
connection with any decision rendered in good faith in such capacity.
J. Based on KHA's observations and on review of applications for payment and
accompanying supporting documentation:
1. Determine the amounts that KHA recommends Contractor be paid. Such
recommendations of payment will be in writing and will constitute KHA's
representation to the City, based on such observations and review, that, to
the best of KHA's knowledge, information and belief, the Contractors' work
has progressed to the point indicated, such work is generally in accordance
with the Contract Documents (subject to an evaluation of the Work as a
functioning whole prior to or upon Substantial Completion, to the results of
any subsequent tests called for in the Contract Documents and to any other
qualifications stated in the recommendation), and the conditions precedent to
the Contractor's being entitled to such payment appear to have been fulfilled
in so far as it is KHA's responsibility to observe the Contractor's work. In the
case of unit price work, KHA's recommendations of payment will include final
determinations of quantities and classifications of Contractor's work, based
on observations and measurements of quantities provided with pay requests.
2. By recommending any payment, KHA shall not thereby deemed to have
represented that observations made by KHA to check the Contractor's work
as it is performed and furnished have been exhaustive, extended to every
aspect of the Contractor's work in progress, or involved detailed inspections
of the Work beyond the responsibilities specifically assigned to KHA in--this
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Agreement and the Contract Documents. Neither KHA's review of the
Contractor's work for the purposes of recommending payments nor KHA's
recommendation of any payment including final payment will impose on KHA
responsibility to supervise, direct, or control the Contractor's work in progress
or for the means, methods, techniques, equipment choice and usage,
sequences, or procedures of construction of safety precautions or programs
incident thereto, or the Contractor's compliance with Laws and Regulations
applicable to the Contractor's furnishing and performing the Work. It will also
not impose responsibility on KHA to make any examination to ascertain how
or for what purposes the Contractor has used the moneys paid on account of
the Contract Price, or to determine that title to any portion of the work in
progress, materials, or equipment has passed to the City free and clear of
any liens, claims, security interests, or encumbrances, or that there may not
be other matters at issue between the City and Contractor that might affect
the amount that should be paid.
K. Promptly after notice from the Contractor that the Contractor considers the entire
Work ready for its intended use, in company with the City and Contractor,
conduct a final punch list inspection to determine if the Work is substantially
complete. Work will be considered substantially complete following satisfactory
completion of all items identified on the final punch list. If after considering any
objections of the City, KHA considers the Work substantially, complete, KHA
shall notify the City and Contractor.
L. Conduct a final site visit to determine if the completed Work of the Contractor is
generally in accordance with the Contract Documents so that KHA may
recommend, in writing, final payment to the Contractor. Accompanying the
recommendation for final payment, KHA shall also provide a notice that the Work
is generally in accordance with the Contract Documents to the best of KHA's
knowledge, information, and belief and based on the extent of the services
provided by KHA under this Agreement.
M. KHA shall not be responsible for the acts or omissions of any Contractor, or of any
of their subcontractors, suppliers, or of any other individual or entity performing or
furnishing the Work. KHA shall not have the authority or responsibility to stop the
work of any Contractor.
N. Based on the Contractor's set of record drawings KHA will produce the final record
drawings and submit to the City.
O. The Engineering fee for construction contract administration and construction
inspection services is based on construction duration of seven (7) months. Should
the duration of construction phase Work be extended beyond the seven (7) month
period by reason of a City directed; Work delay; change in the Scope of Work; or
engineering service, the engineering fee for construction phase services shall be
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subject to negotiation for an increase in the fee amount.
In this phase, KHA will provide the following deliverables:
- Review and provide recommendations for Contractor's applications for
payment
- Review, comment and/or provide approval for shop drawings, samples,
test reports and product substitutions
- Prepare and issue project clarifications as required
- Prepare change order documentation
- Prepare final punch list
- Prepare close out documentation
- Prepare and submit project record drawings
During this phase, KHA will conduct the following meetings-
- Pre-Construction conference
- Conduct monthly status meetings
- Perform site visits as needed to observe progress of work
- Final project walk through
V. ADDITIONAL SERVICES
Services which can not be initially identified as necessary to the project but which may
be discovered during performance are considered additional to the scope of Work for
the Contract and can be performed on an individual basis upon authorization by the
City. Compensation for additional Work shall be provided on the same basis as for
reimbursable services unless the engineering effort for a specific task is identified and
negotiated with the City based on a lump sum basis and approved by a Contract
Amendment. Such services shall include:
1. Plotting, computing, and filing plats or subdivisions, and related land planning and
partitioning.
2. Construction staking and staking lots.
3. Preparation of property acquisition documentation or contracts, negotiations with
property owners and filing of documents.
4. Attendance at neighborhood or community meetings.
5. Redesign to reflect project scope changes requested by the City, required to
address changed conditions or change in direction previously approved by the
City, mandated by changing governmental laws, or necessitated by the City's
acceptance of substitutions proposed by the Contractor.
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6. Assistance to the City as an expert witness in negotiations, arbitration, or litigation
in connection with the project or in hearings before approving and regulatory
agencies.
7. Assistance to the City as an expert witness in any litigation with third parties,
arising from the development or construction of the project, including preparation
of engineering data and reports.
8. Preparation and/or submittal of plans, flood plane evaluation studies, or hydraulic
analyses for FEMA regarding the effect of flood plane elevations as they relate to
the proposed lift station site.
9. Design for SCADA that provides remote operation of the facility, including
instrumentation of radio transmitting devices, antenna and software programming
to install this feature.
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ATTACHMENT "B"
Compensation
I. PROFESSIONAL ENGINEERING SERVICES
For all professional engineering services included in ATTACHMENT "A", Sections I,
II, III, and IV of the General Scope of Services, the City agrees to pay the Engineer
on a reimbursable basis the amount not to exceed $149,500.
II. BASIS FOR COMPENSATION
The City shall compensate the Engineer for the various items listed above on a
reimbursable basis.
Monthly statements for reimbursable services will be based upon time directly
chargeable to the project by the various types of individuals employed by the
Engineer in accordance with the rate schedule in effect at the time of the services.
Engineer may revise the rate schedule on January 1 of each year. The year 2000
rate schedule is attached.
Monthly statements for reimbursable services performed by subconsultants will be
based upon the actual cost to the Engineer plus fifteen percent (15%).
Direct reimbursable expenses for services associated with paragraph II above, such
as express mail, fees, out-of town mileage (trips in excess of 100 miles) and other
direct expenses that are incurred during the progress of the project will be billed at
1.15 times the Engineer's cost.
For services associated with paragraph II above, an amount equal to six percent
(6%) of the Engineer's labor fee will be added to each invoice to cover certain other
direct expenses such as in-house duplicating and blueprinting, facsimile, local
mileage, telephone, postage, and word processing computer time.
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KIMLEY-HORN AND ASSOCIATES, INC.
RATE SCHEDULE
(HOURLY RATE)
Principal $165 to $195
Senior Professional $135 to $155
Professional 2 / Registered Professional $70 to $120
Professional / Professional 1 $65 to $95
Designer $100 to $115
CADD Operator $70 to $90
Support Staff $45 to $60
Technician $50 to $100
Party Chief $60 to $70
Instrument Man $55 to $60
Rodman $45 to $50
Effective as of April 1, 2000
ATTACHMENT "C"
Schedule
Calendar Days
Notice to Proceed to KHA
Preliminary Design Services 45
City Review 7
Final Design Services 96
City Review 7
Advertise, Bid, and Award 50
Construction Phase Services 212
* Calendar Days are inclusive and commence with a Notice To Proceed, City approval
of one phase and direction to proceed with subsequent phase, or submission of
appropriate "deliverables".
We will endeavor to meet the City of Fort Worth's scheduling needs by having bid-ready
documents completed for advertising by October 2, 2000. The above calendar day
schedule and Kimley-Horn's ability to meet this goal is based on receiving a notice to
proceed from the City by April 30, 2000.
f%idA VIECORD
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City of Fort Worth, Texas
imoluor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/20/00 **C-18085 1 60LIFT 1 of 2
SUBJECT APPROPRIATION ORDINANCE AND AVVARD OF ENGINEERING AGREEMENT TO
KIMLEY-HORN AND ASSOCIATES, INC. FOR DESIGN AND CONSTRUCTION
MANAGEMENT OF THE RICHARDSON SLOUGH LIFT STATION REPLACEMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Projects Fund by $157,000 from available funds; and
2. Authorize the transfer of $157,000 from the Sewer Capital Project Fund to the Commercial Paper -
Sewer Fund; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Commercial Paper- Sewer Fund in the amount of $157,000 from available funds; and
4. Authorize the City Manager to execute an engineering agreement with Kimley-Horn and Associates,
Inc. for the Design and Construction Management of the Richardson Slough Lift Station
Improvements, for a total fee not to exceed $149,500.
DISCUSSION:
The existing Richardson Slough Lift Station, located along Old Granbury Road, was built as a
temporary lift station, using an existing low capacity package lift station. The lift station was designed to
provide service in the area generally south of Columbus Trail and west of South Hulen Street. Due to
continuing growth in the area, a replacement of the existing lift station with a new (larger) lift station to
serve the basin near Benbrook Lake is now needed.
Kimley-Horn and Associates, Inc. will prepare and submit a preliminary design report for the new
Richardson Slough Replacement Lift Station that will provide for initial capacity of 5 MGD (million
gallons per day) and expansion capabilities to 7 MGD with the addition of a pump. The design will also
determine the site layout for future facilities to allow the lift station to have a total capacity of 14 MGD.
Additionally, Kimley-Horn and Associates, Inc. will prepare construction plans and specifications for the
new 5 MGD lift station, and will provide construction administration support during the construction
phase for a.cost not to exceed $149,500.
Kimley-Horn and-Associates, Inc. is in compliance with the City's M/WBE Ordinance by committing to
30% M/WBE participation. The City's goal on this project is 24%.
In'addition to the authorized amount, $7,500 is required for staff review.
City of Fort Worth, Texas
qV611jor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/20/00 **C-18085 60LIFT 2 of 2
SUBJECT APPROPRIATION ORDINANCE AND AWARD OF ENGINEERING AGREEMENT TO
KIMLEY-HORN AND ASSOCIATES, INC. FOR DESIGN AND CONSTRUCTION
MANAGEMENT OF THE RICHARDSON SLOUGH LIFT STATION REPLACEMENT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and completion of recommendation 1, and adoption of
the attached appropriation ordinances, funds will be available in the current capital budget, as
appropriated, of the Commercial Paper- Sewer Fund.
MG:I
Submitted for City Manager's FUND FACCOUNTI CENTER AMOUNT CITY SECRETARY
Office by: (to)
1)PS58 488353 020580200050 $157,000.00
1)PS58 538070 020580200050 $157,000.00 APPROVED
472045 070460280020 $157,000.00 C-
Mike Groomer 6140 23)PS466 531200 070460280020 $149,500.00 1TY COUNCtt.
Originating Department Head: 3)PS46 511070 070460280020 $ 7,500.00
JUN 20 2000
Dale Fisseler 8207 (from) � ))
2)PS58 538070 070580200050 $157,000.00e.,17�t�a/
Additional Information Contact: 4)PS46 531200 070460280020 $149,500.00 city Secretary of the
city of Fort Worth,TO:a+
Dalelisseler , 8207
�ar
Adopted Ordinance No. lg2,g9 Adopted Ordinance No. J '1250