HomeMy WebLinkAboutContract 50784 CITY SECRETARY p
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality ("CITY"), and Rodney R. Thornhill d/b/a White Rock Consultants, authorized
to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Contract
Management of the Interceptor Condition Assessment Program (ICAP) 2018.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in the amount up to $225,000.00 as
set forth in Attachment B.
B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement
shall be for a term beginning upon the effective date, as described below, and
shall continue until the expiration of the funds or completion of the subject
matter contemplated herein, whichever occurs first.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but
not limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
City of Fort Worth,Texas OFFICIAL RECORD
Standard Agreement for Engineering Related Design Services
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(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.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or
similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
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
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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
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
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indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
this 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 the ENGINEER makes on-site
observation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
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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 Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity goals (Chapter 20,
Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-
2011, as amended), the City has goals for the participation of minority
business enterprises and/or small business enterprises in City contracts.
Engineer acknowledges the MBE and SBE goals established for this
contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this Agreement and debarment from participating
in City contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during normal
working hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
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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 photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
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liability arising out of "any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the contract or the first date of services to be performed, whichever is
earlier. Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
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c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
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final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
The doctrine of respondeat superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with
published design criteria and/or current engineering practice standards
which the ENGINEER should have been aware of at the time this
Agreement was executed, the ENGINEER shall revise plans and
specifications, as required, at its own cost and expense. However, if design
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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.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of
the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses
required by local, state, or federal authorities; and land, easements, rights-
of-way, and access necessary for the ENGINEER's services or PROJECT
construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
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an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate, and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing for 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,
uppliers:"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
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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.
(2) The CITY may secure Builders Risk/installation insurance 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.
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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows.-
a.)
ollows:a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product,
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b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
C.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify or hold harmless the CITY against liability
for any damage committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control to the extent that the damage is caused by or
resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier.
CITY is entitled to recover its reasonable attorney's fees in proportion
to the ENGINEER's liability.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. 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.
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I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
J. 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.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will
be performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND
HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this Agreement for violations of this
provision by ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
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ENGINEER acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, CITY is prohibited from entering into a contract
with a company for goods or services unless the contract contains a
written verification from the company that it: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing
this contract, ENGINEER certifies that ENGINEER'S signature
provides written verification to the CITY that ENGINEER: (1) does not
boycott Israel, and (2) will not boycott Israel during the term of the
contract.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:11.17.17
Page 16 of 17
BY: BY:
CITY OF FORT WORTH ENGINEER
�-- Rodney R. Thornhill d/b/a White Rock
Cons is
Jesus J. Chapa
Assistant City Manager nhill
''President
Date: � 1-- �l
Date:
APPROVAL RECOMMENDED:
By: CSC. lc`�--
Chris Harder, P. E.
Acting Director, Water Department
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Title: Sr'Professional Engineer
APPROVED AS TO FORM AND LEGALITY
By:
Dou6—las'AN. Black
Senior Assistant City Attorney
ATTEST: Form 1295 No.2018 - 332229
aN V� -At��'Lq (� -
Mary J. Kayser M&C No.: C -28678
If City Secretary
M&C Date: May S, 2018
Gam. `z
O
i OFFICIAL RECORD
City of Fort Worth,Texas y 4
Standard Agreement for Engineering Relate esigi P.Seryice i CITY SICRITARY—
Revised Date:11.17.17
Page 17 of 17 jt C FT.WOKTNO TX
ATTACHMENT A
SCOPE OF SERVICES
CONTRACT MANAGEMENT OF INTERCEPTOR CONDITION ASSESSMENT
PROGRAM (ICAP)
ICAP Scope of Work Description
The City of Fort Worth selected White Rock Consultants and sub-consultant Freese
and Nichols to provide engineering services and manage the ICAP Cleaning and
Inspection Contract provided by ACE (Contractor).
Deliverables of the project include the following and they are described in details
elsewhere in this document;
• Review project areas and track Contractor progress for ICAP work orders
• Conduct pipe record research and detailed review of inspection data
• Develop remaining useful life estimates and ICAP project report
• Prepare executive briefing on ICAP program status and findings
• Integrate findings and recommendations into the current Wastewater Master
Plan now underway by Freese and Nichols and including any modifications
to Cap Plan
Document procedures and methodologies for use in long term interceptor
assessment and planning.
Task A: Year 7 Pre-Inspection Engineering
A.1 Administration: Perform general administration duties with the project,
including progress meeting scheduling, general correspondence, office
administration, and monthly invoicing.
A.2 Document Control: WRC and FNI has established Document Control
procedures to enable proper recordkeeping and retrieval. The Document
Control procedures use a standardized electronic and paper file index, set up
at the outset of the project. Protocols are observed for electronic and paper
records, confidentiality and security, and proper distribution and retention.
Documents will be assigned unique names and the filename and path included
in the footer of each document.
A.3 Data Collection: WRC and FNI will compile information from the City
including GIS files, as-built, and preliminary design drawings for projects
currently under design.
Attachment A
city of Fort Worth,Texas
Standard Agreement for Engineering Services
PMO Official Release Date:05/04/2012
Page 1 of 7
AA Year 7 Inspection Kickoff Meeting: White Rock Consultants (WRC) and
Freese and Nichols (FNI) will conduct a kick-off meeting with Fort Worth
Water Department (FWWD) and contractor to discuss project goals, scope,
schedule, and milestones. At the kickoff meeting, WRC, FNI, contractor and
the FWWD will review data needs for the pipelines in Year 7, goals and
expectations for ICAP.
A.5 Year 7 Pre-Inspection Research: WRC and FNI will review the as-builts
and other data provided by FWWD (or other sources) for each year 7 pipeline
to determine the best available estimate of original pipe wall thickness for
each pipe segment. FNI will populate wall thickness data, location of
reinforced steel and hydraulic modeling results for each pipeline segments
in each work order and provide the data to RedZone and IT Pipes for further
processing.
A.6 Meeting to Review Results of Research: WRC and FNI will meet with
FWWD to review the results of the pre-inspection research, including the data
hierarchy and the results of Year 7 research.
A.7 Develop Remaining Useful Life (RUL) Matrix for Year 7 Pipes: WRC and
FNI will develop a remaining useful life categorization for each pipe wall
specification identified for the Year 7 pre-inspection research. The RUL
matrix will be utilized to determine the remaining life of each pipe segment
based on the amount of pipe wall loss. WRC/FNI will develop a RUL matrix
for non-concrete pipe, including PVC, Fiberglass, and VCP, based on
deflection, ovality, and defects identified during inspection.
A.8 Prepare Data, Mapping, and Presentation for RUL Workshop: WRC and
FNI will work with FWWD to develop data, mapping and a presentation for
the workshop.
A.9 RUL Recommendations (Workshop #1): WRC and FNI will conduct a
workshop to present the RUL recommendations to FWWD staff.
Task B: Year 7 Interceptor Inspection
B.1 Create Work Orders and Track Progress: WRC/FNI will assist FWWD in
creating work orders including initial quantities, project limits and special
procedures necessary including exhibits identifying the beginning and
ending of projects and overall project location. Confirm that Contractor has
completed an initial review of the inspection data to determine quality and
completeness of inspections using QC procedures established in bid
documents.
Attachment A
City of Fort Worth,Texas
Standard Agreement for Engineering Services
PMO Official Release Date:05)04/2012
Page 2 of 7
B.2 Update ICAP Geodatabase for Year 7 Work Orders: Update the ICAP
database tables to track each work order assignment including project
status, quantities performed for inspection and cleaning activities, condition,
and data corrections.
8.3 Monitor Interceptor Inspection: Monitor progress of field work including
inspection and cleaning, processing of data, difficulties in completing field
inspection.
B.4 MSI Data Processing: Track progress of data processing between
contractor, Redzone, and IT Pipes and bring any substantial delays to the
attention of Field Operations project manager.
Task C: Year 7 Post Inspection Engineering
C.1 Post Inspection Data Review: WRC will correct coding of MSI data and
add observations as needed. WRC will communicate with Contractor,
RedZone and IT Pipes as needed to avoid any additional errors in the process.
WRC and FNI will review RedZone pdf reports, IT Pipes, video, GIS and other
source documents for accuracy and completeness and note any discrepancies.
WRC and FNI will support FWWD as needed utilizing MSI data, geometry,
Master Plan data, modeling results, exhibits to aid in the replacement or repair
pipe segments identified to be at risk of immediate failure. FNI will provide
support to Field Operations and Water Engineering as needed in response to
emergency repairs, design, and capital improvement planning.
C.2 Post Inspection Analysis: Conduct full engineering analysis of CCN,
sonar, and laser profiling inspection data for gravity lines, including
interpretation of laser profile results to determine completeness of inspections
and to assess structural condition of pipeline segment. Review sonar data to
determine where cleaning is required and identify by line segment in GIS. WRC
will notify FWWD Field Operations and Contractor of any re-inspections required
or any segments that require cleaning and reinspection. Provide RedZone with a
list of corrections to PDF reports needed prior to delivery of consolidated PDF
report of all work orders including re-sorting and renumbering of all report pages.
Add consolidated report numbers to IT Pipes inspection records. Review IT Pipes
defect coding and attribute data, make corrections or additions as needed.
C.3 Initiate Required Pipe Cleaning: WRC and FNI will advise FWWD of any
required pipe cleaning work orders, including quantities and project limits,
based on review of data in Task C.1. WRC and FNI will review the post
cleaning sonar inspection for adequacy and issue work order for inspection
as necessary.
Attachment A
City of Fort Worth,Texas
Standard Agreement for Engineering Services
PMO Official Release Date:05104{2012
Page 3 of 7
CA Post Pipe Cleaning Inspection Review: Review the quality of post-
cleaning inspections and notify FWWD Field Operations and Contractor of any
segments that were not adequately cleaned.
C.5 Determine Remaining Useful Life Score: WRC and FNI will utilize the
inspection results and the RUL matrix to develop remaining useful life (RUL)
estimates for each pipeline segment. WRC and FNI will develop GIS
mapping symbolizing RUL of each pipe segment. Pipe segments at risk of
immediate failure will be brought to FWWD attention for emergency repairs.
C.6 Review Previous ICAP Inspections and Revise Scoring: WRC and FNI
will review previous ICAP inspections and re-score pipe segments as needed
based on the change of time in RUL. WRC and FNI will add any line
segments that were re-scored as 4 or 5 to the list of recommended
improvements. WRC will review line segments that were inspected during
the current ICAP project and also were inspected during previous ICAP
projects. WRC will compare changes in condition if any and report findings
to FWWD.
C.7 Develop Renewal Recommendations: WRC and FNI will develop renewal
recommendations based on the RUL of each pipe segment. Renewal
recommendations include trenchless repairs, or direct replacement.
Recommendations will be compared against short term capacity
improvements and planned CIP projects. WRC and FNI will evaluate if
potential changes are needed to O&M procedures based on the inspection
findings. FNI will coordinate with FWWD staff to develop the appropriate
recommendation. WRC and FNI will develop GIS mapping of the renewal
recommendation of each pipe segment.
C.8 Develop Renewal Recommendations Cost Estimates: WRC and FNI will
develop renewal recommendations master planning level cost estimates for
rehabilitation or replacement for capital improvement projects for pipe
segments with a RUL score of 4 or 5.
C.9 Prepare Data, Mapping, and Presentation for Renewal
Recommendations Workshop: WRC and FNI will work with FWWD to
develop data, mapping and a presentation for the workshop renewal
recommendation.
C.10 Renewal Recommendations (Workshop#2): WRC and FNI will conduct
a workshop to present the yearly inspection findings and renewal and any
O&M recommendations to FWWD staff.
Attachment A
City of Fort Worth,Texas
Standard Agreement for Engineering Services
PMO Official Release Date:05/04/2012
Page 4 of 7
Task D: Year 7 Inspection Report and Executive Briefing
D.1 Prepare and Submit Draft Inspection Report: WRC and FNI will prepare
and submit ten (10) copies of the Year 7 draft inspection report to FWWD.
The inspection report will document the methodologies utilized in the
inspection process, determination of each pipe segments estimated RUL, and
pipe segments cleaned, and process utilized to identify them. The report will
also include the final renewal recommendations prioritized by condition and
provide recommendations on potential changes to O&M procedures.
D.2 Draft Inspection Report Review Meeting: WRC and FNI will conduct a
meeting with FWWD staff to review the draft inspection report for Year 7.
Comments from FWWD staff will be utilized to finalize the report.
D.3 Finalize and Submit Year 7 Inspection Report: WRC and FNI will finalize
the Year 7 inspection report based on feedback from FWWD staff during the
review meeting and provide ten (10) copies of the final report, along with a
PDF. The final inspection report will include GIS mapping of the final renewal
recommendations prioritized by condition for the entire inspection program to
date.
DA Conduct Executive Briefing Year 7: Prepare and conduct presentation for
final executive summary briefing on [CAP program status, findings and
highlights of benefits achieved.
D.5 Conduct Meeting to PDCA Year 7: Consistent with continuous
improvement, WRC, FNI and the FWWD will PDCA (Plan Do Check Act) at
the end of year 7.WRC and FNI will conduct a meeting with FWWD to review
the overall process of Year 7, discuss what went well and what didn't, and
discuss modifications to be included in Year 8.
D.6 Maintain Inspection data and IT Pipes Dataset: Maintain full ICAP
inspection dataset of all previous ICAP projects. Upload most recent ICAP
inspection data into FWWD master IT Pipes CCTV inspection dataset.
Workshops and Malor Meetings:
• Year 7 Inspection Kickoff
• Meeting to Review Results of Research
• Workshop#1: Review RUL Matrix
• Workshop#2: Renewal Recommendations
• Executive Briefing
• Meeting to PDCA Year 7
Attachment A
City of Fort Worth,Texas
Standard Agreement for Engineering Services
PMO Official Release Date:05/04/2012
Page 5 of 7
Life of contract
It is anticipated that a Notice to Proceed will be issued to the within 30 days from
execution of the Agreement. The City has the option to renew this contract for
THREE (3) one-year terms under the same terms, conditions, costs. The City shall
give the Contractor at least sixty (60) days notice prior to the expiration of one year
from the date of the Notice to Proceed if it chooses to execute the option to renew.
Proiect Team Roles
The prime firm is White Rock Consultants and the sub-consultant is Freese and
Nichols.
The Contractor awarded the ICAP inspection and cleaning project is Ace Pipeline
Cleaning, Inc.
RESPONSIBILITIES OF CITY: CITY shall perform the following in a timely manner
so as not to delay the services of Engineer:
A. Designate in writing a person to act as CITY's representative with respect to
the services to be rendered under this AGREEMENT. Such person shall
have contract authority to transmit instructions, receive information, interpret
and define CITY's policies and decisions with respect to Engineer's services
for the Project.
B. The CITY will provide its GIS integration code to assign unique identifier
numbers to asset-based data.
C. Provide all criteria and full information as to CITY's requirements for the
Project, including design objectives and constraints, space, capacity and
performance requirements, flexibility and expandability, and any budgetary
limitations; and furnish copies of all design and construction standards which
CITY will require to be included in the drawings and specifications.
D. Assist Engineer by placing at ENGINEER's disposal all available information
pertinent to the Project including previous reports and any other data relative
to design or construction of the Project.
E. Assist ENGINEER regarding access to and provisions for ENGINEER to
enter upon public and private property as required for ENGINEER to perform
services under this AGREEMENT.
F. Examine all studies, reports, sketches, drawings, specifications, proposals
and other documents presented by ENGINEER, obtain advice of an attorney,
insurance counselor and other consultants as CITY deems appropriate for
such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of ENGINEER.
Attachment A
City of Fort Worth,Texas
Standard Agreement for Engineering Services
PMO Official Release Date:05/04/2012
Page 6 of 7
G. Furnish approvals and permits from all governmental authorities having
jurisdiction over the Project and such approvals and consents from others as
may be necessary for completion of the Project.
H. Provide such accounting, independent cost estimating and insurance
counseling services as may be required for the Project, such legal services
as CITY may require or ENGINEER may reasonably request with regard to
legal issues pertaining to the Project including any that may be raised by
Contractor(s), such auditing service as CITY may require to ascertain how or
for what purpose any Contractor has used the moneys paid under the
construction contract, and such inspection services as CITY may require to
ascertain that Contractor(s) are complying with any law, rule, regulation,
ordinance, code or order applicable to their furnishing and performing the
work.
I. CITY will have the opportunity to review all contractor submittals prior to
ENGINEER's approvals. CITY shall make prompt reviews.
J. Give prompt written notice to ENGINEER whenever CITY observes or
otherwise becomes aware of any development that affects the scope or
timing of ENGINEER's services, or any defect or nonconformance of the work
of any Contractor.
K. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in
Attachment A, Article 1 of this AGREEMENT or other services as required.
L. Provide easement acquisition.
M. Provide all archeological services required for the project.
N. Provide notifications to all environmental permitting authorities and
negotiations for environmental permit applications.
END OF SECTION
Attachment A
City of Fort Worth,Texas
Standard Agreement for Engineering Services
PMO Official Release Date:05/04/2012
Page 7of7
ATTACHMENT B
COMPENSATON
Engineering Services for Interceptor Condition Assessment Program (ICAP)
City Project No. 101311
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $225,000.00 as
summarized in Exhibit B—TASK/HOUR Breakdown. The total lump sum fee shall
be considered full compensation for the services described in Attachment A,
including all labor materials, supplies, and equipment necessary to deliver the
services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
111. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Water Department monthly progress reports and schedules in the format required
by the City.
City of Fort Worth,Texas
Attachment B-Compensation
PMO Official Release date:05104/2012
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Engineering Services for Interceptor Condition Assessment Program
(ICRP) City Project No. 101311
None.
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of 1
ATTACHMENT D
PROJECT SCHEDULE
ENGINEER is authorized to commence work on the Project upon execution of this AGREEMENT
and agrees to complete the services as defined in Attachment A and shall be dictated by work
flow and/or as work performed and submitted as defined in the contract specifications associated
with the ICAP Inspection and Cleaning Contractor's (ACE) work.
CITY review of milestone review submittals will be no longer than three weeks. CITY review of
minor submittals will be no longer than two weeks. Additional time may be granted to ENGINEER
if review times are exceeded.
If ENGINEER's services are delayed through no fault of ENGINEER, ENGINEER shall be entitled
to adjust the contract schedule consistent with the number of days of delay. These delays may
include but are not limited to delays in CITY or regulatory reviews, delays on the flow of
information to be provided to ENGINEER,governmental approvals, etc. These delays may result
in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment
B.
Attachment D
City of Fort Worth,Texas
Standard Agreement for Engineering Services
PMO Official Release Date:0 510 412 01 2
Page 1 of 1
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EXHIBIT B-1
Level of Effort Spreadsheet
TASKMOUR BREAKDOWN
Engineering Services for
Interceptor Condition Assessment Program-Year 7 Sewer Funds
CityProject No.101311
Lahar hou Fx me
Asda ant
V,muRock Prolecl CIS
Task oescrfpfOn Projst ER Clerical Tobl labor Tobl ExplBwe
Tuk N. ConsulbnM Engineer Analyst Subconaulbnl Task Sub Total
(PM) MIFNI (FNU (FNO (FNI) (FN) Coal Travel RePraduclion Cort
FI
$160 1213 $167 3113 $65 $100 MKBE Non4AW6E
A Year 7Pm4ns mdon Emin-Ing 5e 18 32 66 10 12 529,352 s0 $0 SMO 31.000 31,400 330.752
Al Mtl Irvsbabon 20 2 4 54,426 s100 $20o 3300 3{726
A2' OOcumesd C.&.1 8 2 6 :$2468 30 szois
A3 Oala Collection 2 2 4 8 52,350 50 $2,358
A{ Ymr7,km IOdmRM - -e 2 2 32200 Sim 3400 3'00'
AS Year 7 Pre-Ins dion Research 2 2 a 24 4 35,17/ 1 $IW $100 $5,274
AB MfttoRWl Ros06a W Reasarch-1 4 2 2 31.460 >D .460 1
A7 Develop Renuinkg Useful file(RUL)Mabet for
Year 7 W 9 2 6 12 2 §4.394 30 $4 394
Aa RIIL Plsp-WbZ,k1spp9p.sls/Pmsrb3Nthr
2 2 6 24 4 36,840 50 §4.840
A.9 RUL Recommendatlons orkstao 9l 6 2 4 2 $2.014 5100 §400 ESoo 52.514
9 Yeaf7lreerc tonna s Idn 49 6 26 M 24 0 521,000 30 $0 $100 30 §100 $21,100
8.1 Create Work Old-and Track Pr res 15 2 6 12 $5.484 $100 8100 .&5,584
92 Update lCAPDeodahW b Ysar7wmlc
_ 4 1 12 Z6 t13 p /4516
.3 Mardwr 2 6 §4,126 so $4,129
31stDa'o Pracesti is 2 8 16 $6270 30 $6270
C Year?PasIW Ion En heed 307 49 118 300 M 10 5123,430 $0 30 §100 $400 3500 $123,990
C.1 Posl Iris ctbn Dao Review 39 16 18 M 14 2 $20,248 so $20.248
C.2 Post bs n is 190 6 12 4a 4 $41.446 30 W.W
C3 In to Re ubed Pi Geanin 4 4 4 52,240 30 $2240
CA Post Ctrard'-kIs RmL1 L' 4 4 12 32 4 37.532 30 $7.512
C.5 Oder m R,maWm Useful LIM Score U 4 12 32 2 $9,161 so alu
Pm-Mm KM MpbdI-sad III-
10 2 4 24 4 58,618 30 now
C.7 Devsb Rerewbl Rec9mmerzta8ore 30 2 24 80 4 4 318,614 1 $0 $19,614
CA Dwd pRem"Rscmmwd Som Cost
Fi&n 4 4 16 24 4 2 37,496 _30 37,498
0.6 Prepare Doh,Msppin9.and rexrlsfon bt
Renewal Remmm-Iq ,nWadaho 10 2 12 12 4 2 W,128 SO 36126
-G10 Rerew4l Remrrunendafcrs IVVeob.pp2 12 - d 4 13.M 3100 It 3910 U.I.
D Year 7 Inspection Report and E-1.
Brief 110 20 56 66 10 10 $45,314 50 30 3500 §3,344 33,944 MAN
D.1 Pre reand Submit Daft fns ttBon Re rt W 2 12 24 4 4 S11282 E100 51000 $1.100 $12,382
02 Dart kw Son Re RRevk:w Meet' 10- 4 4 $3,MO 3100 344 In" J3,4H
0.3 lnu.and Subme Year]ire ecOon Re art 15 2 6 12 2 2 $5,854 3100 31,500 31,600 §7,454
0.4 Cardlct Etieufrveark+ Y7 10 4 4 12 2 2 046 3100 3100 516
0.5 Co VMe bPOCAYear7 5 d 8 6 K136 §1011 3400 3500 34,638
-O.6 Maidab bn data anE[T Dalasal M 4 24 32 515676-. 30 f/5878
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FW WfA 016cY1 RYease Lbb:8.083012
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/8/2018
DATE: Tuesday, May 8, 2018 REFERENCE NO.: **C-28678
LOG NAME: 601CAP2018-WHITEROCKC
SUBJECT:
Authorize Execution of an Agreement with Rodney R. Thornhill d/b/a White Rock Consultants in the
Amount of$225,000.00 for Contract Management of the Interceptor Condition Assessment Program
(ICAP) 2018 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Agreement with Rodney R. Thornhill
d/b/a White Rock Consultants in the Amount of$225,000.00 for Contract Management of the Interceptor
Condition Assessment Program (ICAP) 2018 with the option to renew up to three additional terms,
DISCUSSION:
This Mayor and Council Communication is to authorize the professional services to be performed by White
Rock Consultants of managing the City's contractor's activities and developing work plans, procedures,
methodologies and criteria to assess the pipe condition program. The engineer will integrate its findings
and assessment results with the Wastewater Master Plan capacity recommendation into a multi-year
capital improvements work plan with the coordination of the Water Department Infrastructure Services
Division. This project is part of the Water Department' s Sanitary Sewer Overflow Initiative Program
(SSOI).
On January 28, 2018,the City submitted its Sanitary Sewer Overflow Corrective Action Plan to the Texas
Commission on Environmental Quality (TCEQ). The plan provided for preventive maintenance cleaning
and condition assessment of large diameter sanitary sewer mains, known as the Interceptor Condition
Assessment Program (ICAP). Design and construction contracts, will be generated from the ICAP
Program,
This citywide proactive program, currently being overseen by Water Department Field Operations, has
goals of identifying and eliminating potential operation and maintenance issues and pipe structural failures
before they occur. Within the Fort Worth wastewater collection system, there are approximately 263 miles
of large diameter pipes that are equal to or greater than 24-inch diameter. This agreement will continue
the programs anticipated ten-year program that are required to complete the assessment of all large
diameter interceptors city wide.
M/WBE Office:A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Department and approved by the M/WBE Office, in accordance with the M/WBE or BDE Ordinance,
because the purchase of goods or services from source(s)where subcontracting or supplier opportunities
are negligible.
The project affects ALL COUNCIL DISTRICTS,
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as appropriated
of the Water and Sewer Fund and that prior to an expenditure being made, the Water Department has the
responsibility to validate the availability of funds.
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FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference# moun
ID ID Year Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: Robert Sauceda (2387)
ATTACHMENTS
1. 601CAP2018-WHITEROCKC 1295 Form.pdf (Public)
2. 601CAP2018-WHITEROCKC Compliance Memo.pdf (CFW Internal)
3. 601CAP2018-WHITEROCKC FID Table (Dan).docx (CMInternal)
4. 601CAP2018-WHITEROCKC SAM.pdf (CFW Internal)
httn_//anns.cfwnet_erg/eceuncil/ni intmc.asn?id=25812&nrint=true&DoeTvne=Print 5/91MI R
.. S-WHITEROCKC FID Table
-
-
',Ree " Fund �'Dept#f '; Account �I Protect' Activity�, Budget Year CF �',Program Amount Purpose 'Xfer
_ _ _ FfDs(GL,Journal Entries)__ __ '
R#c i Fund I Dept,# I Account P=rID ct+ ` Activity Budget Yearn ' 2F I-Progrram Amount: '`Purpose !;Xfer Amortize
L
FIDS (Expense Only -No KK or GL Entries Needed)
Rec Fund Dept# Account Project Activity Budget Year CF Program Amount Purpose
P56001 10700430 53305GO 2018 $225,000.00
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10f1
Complete Nos.i-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1.2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-332229
White Rock Consultants
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/29/2018
being filed.
City of Fort worth Date Acltno'wledcied:
3 Provide the identification number used by the governmental entity or state agency to Brack or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract
City Project No.101311
Contract Management for the Interceptor Condition Assessment Program(ICRP)2018
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Thornhill,Rod Dallas,TX United States X
5 Check only if there is NO interested Party. ❑
6 UNSWORN DECLARATION
My name is tT 0 b FH f L L and my date of birth is It-2 7/ ✓r y
My address is Q D Z R ( 0 6 S PR I N 6 y A 4 t A S 7,k 7 5'2- 18 0519.
(street) (city) (slate) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct
Executed in 6 A L L A S County, State of l L K S on the Z 7 day of /4Anc .20 .
(month) (veal
re of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523