HomeMy WebLinkAboutContract 26385 CITY SECRETARY
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), Wiss, Janney,
Elstner Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as: Fire
Suppression System Failure Investigation at Meacham International Airport, Hanger 39N.
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) Monthly invoices will be issued by the ENGINEER for all work performed
under this AGREEMENT. Invoices are due and payable within 30 days
of receipt.
(3) Upon completion of services enumerated in Article 1, 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.
(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 seven (7) days' written notice to CITY,
suspend services under this AGREEMENT until paid in full, including
interest. In the event of suspension of services, the ENGINEER shall
have no liability to CITY for delays or damages caused the CITY
because of such suspension of services.
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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.
(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
Ttre-ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible sheets, or as otherwise approved by CITY, which
shall become the property of ITY may use such drawings in any
manner it desires; provided, however, that the all not be liable for
the use of such drawings for any project other than the PROJ ed
herein.
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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.
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 bi i — jrd marketoF1 u
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conditions; time or qualify of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments \
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ommendations by the ENGINEER to the CITY for periodic construction
progr ayments to the construction contractor will be based on the
ENGINEE owiedge, information, and belief from selective sampling and
observation that work has progressed to the point indicated. Such
recommendations do no resent that continuous or detailed examinations
have been made by the ENGI to ascertain that the construction contractor
has completed the work in exact acco ce with the Contract Documents; that
the final work will be acceptable in all resp- - that the ENGINEER has made
an examination to ascertain how or for what purpos construction contractor
has used the moneys paid; that title to any of the work, m als, or equipment
has passed to the CITY free and clear of liens, claims, secun t-tests, or
encumbrances; or that there are not other matters at issue between ITY
and the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record—drawings, if require will be prepared, in part, on the basis of
information com d furnished by others, and may not always represent
the exact location, type of van onents, or exact manner in which the
PROJECT was finally constructed. The EN of responsible for any
errors or omissions in the information from others that is incor to the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 11923, as amended by
,Ordinance 13471, the City has goals for the participation of minority business
enterprises and woman business enterprises in 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 participating in City
contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3)
years after final payment under this contract, have access to and the
right to examine and photocopy any directly pertinent books, documents,
papers and records of the ENGINEER involving,-transactions-relating to
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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 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 subconsultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photo copy 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
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
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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
coverages specified according to items section K.(1) and K.(2) of
this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation, non-renewal
or material change in coverage shall be provided to the CITY. A
ten (10) days notice shall be acceptable in the event of 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
required herein may be acceptable to the CITY at its sole
discretion; and, in lieu of traditional insurance, any alternative
coverage maintained through insurance pools or risk retention
groups must be also approved. Dedicated financial resources or
letters of credit may also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the
ENGINEER may be required to provide proof of insurance
premium payments.
(1) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless such are approved by the
CITY.
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(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.
(i) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis
in order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
insurance coverage is maintained by subconsultants, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
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 which develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the
ENGINEER will, if requested, assist the CITY in obtaining the services of
a qualified subcontractor to manage the remediation activities of the
PROJECT.
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O. Permitting Authorities - Design Changes NIA- OUIQ
�If� miffing authorities require design changes so as to comply with published
design a and/or current engineering practice standards which the
ENGINEER sho ave been aware of at the time this Agreement was
executed, the ENGINE II revise plans and specifications, as required, at
its own cost and expense. Howe , ' design changes are required due to the
changes in the permitting authorities' pu ' d design criteria and/or practice
standards criteria which are published after the f this Agreement which
the ENGINEER could not have been reasonably aware of, GINEER shall
notify the CITY of such changes and an adjustment in compensa ' will be
made through an amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perform, at no cost to the ENGINEER, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be 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
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required by the CITY in a timely manner in accordance with the project schedule
in 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 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, 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 wit t other
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entity or person regarding the PROJECT a provision that such entity or
person shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of
any right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders 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 Risklinstallation insurance shall
be comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt
of a written Notice to Proceed from the CITY.
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
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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.
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 five (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
misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CIN (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 means the CITY and the ENGINEER, and their officers,
employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant 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 thaa.$50,000,
exclusive of attorney's fees, costs and expenses, will be final, judgment
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may be entered thereon in any court having jurisdiction, and will not be
subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10
and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The
award 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 VIA. 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.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B -Compensation
ATTEST: CITY OF FORT WORTH
By:
hGioriapearson Ramon Guajardo
ity Secretary Assistant City Manager
APPROVED
Contract Authorization
"/k ra A. Douglas Rademaker, P.E.
Date Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
Wiss, Janney, Elstner Associates, Inc.
By: _
Assistant y Attomey Fred L. Metz
Vice-President
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3050 Regent Boulevard,Suite 100
Wi ss, Janney, Eisteer Associates, Inc. Irving,TX 75063-3107
WJE Engineers,Architects, Materials Scientists (972)550-7777 fax:(972)373-9403
http://www.wje.com
Headquarters June 16, 2000
Northbrook,IL
Mr. Rick Trice
Engineering Department
Atlanta
Offices City of Fort Worth ATTACHMENT "A-1"
nm
1000 Throckmorton Street
Austin Fort Worth, Texas 76102
Chicago
Cleveland RE: Fire Suppression System at Meacham International Airport
Dallas WJE No. 2000.0697
Denver
Detroit Dear Mr. Trice:
Honolulu
Houston As you k,'lv w', and as requested by Mr. Gary" S:einbcrger, Assistant City Attorney, vy iss,Janney,
Memphis Elstner Associates, Inc. (WJE) is currently providing engineering services on the failure of the fire
Minneapolis suppression system at Hanger 39 at Meacham International Airport.
New York
Princeton Mr. Steinberger has requested that we provide forensic evaluation of the fire suppression system
San Francisco piping consisting of a 24-inch diameter water line and 6-inch diameter foam line, and the
Seattle associated thrust blocking. W)E has engaged, as a sub-consultant, Gregory Geotechnical to
Washington,DC provide consulting and testing services related to the geotechnical aspects of the project.
Included in the scope of work is the review of selected items in the original design drawings,
review of data from the City regarding the operation of the fire suppression system, observations
and documentation of site conditions during excavations and repairs, coordination of the
geotechnical sub-consultant's work, attendance at meetings, and the eventual preparation of a
report presenting our observations and opinions regarding the cause(s) of the failure of the fire
suppression system to operate as intended.
WJE's cost to date is approximately $11,000, including $4,700 that has been billed to us by the
geotechnical sub-consultant. The geotechnical sub-consultant has submitted an estimate of an
additional $7100 to complete their assignment and prepare a report. This amount does not
include extensive meeting time following completion of the report, nor additional services that
may be requested.
We understand, from conversations with you and Mr. Steinberger, that additional site work is
about to begin, starting with the installation of a temporary above-grade foam line. While we do
not anticipate being present to observe that work, we do anticipate significant site time as
additional excavations are made to expose the water and foam lines and associated thrust blocks.
Due to the uncertainty of the amount of field and meeting time, it is difficult to predict a firm
budget recommendation at this time. Thus, we request that you grant approval for a budget
amount of $30,000, which includes the current proposed budget ($11,800) for the geotechnical
sub-consultant. This amount does not include any laboratory studies of material samples. If the
scope expands to the extent that an increase in the budget is necessary, we will contact you prior
to exceeding the approved amount.
Actual charges for our services will be invoiced approxi a� �t ionthly 017gl nb standard rates
in effect at the time the work is performed. Invoices e @ upon receipt. 11 services are
provided in accordance with our standard "Terms andn #y♦4I'icts,dated 1�ugus 1, 1996, copy
attached. 40 1711 e.6�ti V h ila
Wiss, Janney„ Elstner Associates, Inc.
Mr. Rick Trice June 16, 2000
City of Fort Worth Page 2
We understand that City Council approval of this budget will be necessary. However, due to the on-going
nature of the project, we will continue to make site visits and attend meetings as requested, in anticipation
of subsequent formal authorization by the City Council. If this is not acceptable, please contact us
immediately. Also, please contact us if we need to provide you any additional information at this time.
Very truly yours,
WISS, JANNEY, ELSTNER ASSOCIATES, INC.
Douglas W. Deno, P.E.
Project Manager
Attachment
cc: Mr. Gary Steinberger
G A2000P ROJ\0697\1_061600
CNN K11: GSAP,
ATTACHMENT"B"
COMPENSATION
Fire Suppression System Failure Investigation at Meacham International Airport, Hanger 39N
I Compensation
A. Payment for services will be computed on the basis of Salary Costs times a multiplier of
3.2 to determine the payment due for services. The multiplier is a factor that
compensates the Engineer for fringe benefits, overhead and profit.
B. Payments shall also include Direct Non-Labor Expenses which, in general, include
expenses for supplies, transportation, equipment, travel, communication, subsistence
and lodging away from home, and similar incidentals.
The Direct Non-Labor expenses shall be reimbursable at actual invoice cost plus 10%,
except for living and travel expenses when away from the office on business connected
with the Project. All travel outside of the Dallas/Fort Worth Metropolitan Area to be
made,which are reimbursable at actual invoice cost, by the Engineer in connection with
the Project must first be approved in writing by the City Engineer.
C. Subcontractor cost shall be reimbursed at the actual cost plus 10%.
D. Payment for expenses, costs and services as described in Attachment"A" shall not
exceed $30,000
E. Partial payment shall be made monthly upon receipt of an invoice from the Engineer,
reared from the books and records of the Engineer, outlining the amount of hours worked
by each employee, the employee's name and classification, and the employee's salary
rate along with itemized charges for any subcontract and reproduction work performed
during the period covered by said invoice. Each invoice is to be verified as to its
accuracy and compliance with the terns of this contract by an officer of the Engineer.
Payment according to statements will be subject to certification by the Director of
Engineering or his duly authorized representative that such work has been performed.
�0PD
�� SES��D'D EV
City of Fort Worth, Texas
"Avon and Council Communication
DATE REFERENCE NUMBER LOG NAMEE
PAG
7/18/00 C-18152 55WISS 1 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO
WISS, JANNEY, ELSTNER ASSOCIATES, INC. FOR A FIRE SUPPRESSION SYSTEM
FAILURE INVESTIGATION AT MEACHAM INTERNATIONAL AIRPORT, HANGER 39N
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to adopt the attached supplemental appropriation ordinance increasing
appropriations in the General Fund by $30,000 and decreasing the unreserved, undesignated
General Fund fund balance by the same amount; and
2. Authorize the City Manager to transfer $30,000 from the General Fund to the Engineering Services
Fund; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Engineering Services Fund by $30,000 from available funds; and
4. Authorize the City Manager to execute an engineering services contract with Wiss, Janney, Elstner
Associates, Inc. (WJE) for a Fire Suppression System Failure Investigation at Meacham
International Airport, Hangar 39N for an amount not to exceed $30,000.
DISCUSSION:
Hangar 39N is located near the north end of Meacham International Airport. It was originally
constructed in 1990 as the Page AvJet facility. The hangar is provided fire protection by a 24-inch
waterline and a 6-inch Aqueous Film Forming Foam line. The fire system was design by Carter and
Burgess, Inc. (C&B), and constructed by Architectural Utilities, Inc. (AUI).
During the 10-year life of the system, there have been numerous leaks in both the foam line and the
waterline.
On September 16, 1997 the City Council approved M&C C-16294, that authorized a contract with
Turner, Collie and Braden, Inc. (TCB) to examine construction and design and determine the possible
cause for the leakage. TCB determined deficiencies in both design and construction. City staff has
negotiated with C&B and AUI to remedy the problem.
During the negotiations, both C&B and AUI identified several areas they wanted to examine. All of the
parties agreed in principle to hire an independent consultant to perform a forensic investigation. WJE
was selected to do that work. WJE will primarily examine the soil conditions and the thrust blocking and
pipe restraint fittings. They will, however, examine other areas of concern as they are raised. The
compensation will be based on hourly rates and will not exceed $30,000.00. This cost will be included
in any negotiations regarding the total cost of remediation of the system.
M/WBE goals for this contract have been waived due to the nature of emergency for this work.
City of Fort Worth, Texas
"anon and Council Communication
DATE REFERENCE NUMBER I LOG NAME PAGE
7/18/00 C-18152 55WISS 2 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO
WISS, JANNEY, ELSTNER ASSOCIATES, INC. FOR A FIRE SUPPRESSION SYSTEM
FAILURE INVESTIGATION AT MEACHAM INTERNATIONAL AIRPORT, HANGER 39N
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinances, funds will be available in the current operating budget, as
appropriated, in the Engineering Services Fund. After this action, the General Fund balance will be
$26,635,491.
RG:I
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
1)GG01 538070 0909103 $30,000.00
Ramon Guajardo 6140 2&3)P1 19 472001 0301000 $30,000.00 APPROVED
Originating Department Head: 3)PI19 539120 0301000 $30,000.00 CITY COUNCIL
Lisa A.Pyles 5400 (from) JUL 18 2000
2)GG01 538070 0909103 $30,000.00
Additional Information Contact: 4)PI19 539120 0301000 $30,000.00
Luis Elguezabal 5401 City of F�YYark%Tei,
Adopted Ordinance No./`I17s Adopted Ordinance No. ,/411 7X