Loading...
HomeMy WebLinkAboutContract 38976CITY SECRETARY CITY OF FORT WORTH, TEXWNTRACT NO, STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and Malcolm Pirnie, Inc., (the "ENGINEER"), for a PROJECT generally described as: West Fork Interceptor and Villaae Creek Wastewater Treatment Plant Odor and Corrosion Control marovements0 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, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 1 of 15 pII-1 �-0 9 OFFICIAL RECORD _ CITY SECRETARY �ECC FT.Ni'ORTH+ Tyr I�`L- 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 ®bligations 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services (i.30.09 Page 4 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed .and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 3 of 15 current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/V11BE) Participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 4 of 15 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 five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 5 of 15 i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto —the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is 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, officersI directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability —the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 6 of 15 the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. 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. 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, City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 7 of 15 to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. Clty of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 8 of 15 O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 9 of 15 D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article ME. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 10 of 15 with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. 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 I nsurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 11 of 15 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated. for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 12 of 15 work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part,of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 13 of 15 J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 14 of 15 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A -Scope of Services Attachment B —Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D -Project Schedule Attachment E -Location Map Executed this the `��ay of , 20 �% ATTEST: CITY OF FORT WORTH Marty Hendrix City Secretary � � ,. • • APPROVE Assistant City ATTEST: ey RM AND LEGALITY City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 15 of 15 Assistant City Manager APPRO_VAI� RECOMMEN S. Frank Crumb, P.E. Director, Water Departm Malcolm Pirnie, Inc. Randall G. Mcl Vice President IbQ-�--f P.E. i� P� OFFICIAL REC4R0 CITY S�CRETAR�' UV'ORTH� T� Attachment A City of Fort Worth West Fork Interceptor and Village Creek Wastewater Treatment Plant Odor and Corrosion Control Improvements City Project No. 01286 Engineer and its subconsultants will provide all the labor, equipment, and material to provide the following scope of work services. 1. Construction and Start-up Assistance The original construction schedule of six months was expanded to nine months requiring additional construction assistance and continued support. Biofilter start-up and optimization services are provided. Additional site visits to monitor and adjust biofilter and fan performance as facilities are brought on-line and changed/drifted during normal break-in periods. 2. Operations and Maintenance (0&M) Manual Preparation of an 0&M manual for the odor control facilities, fans and biofilter. An 0&M manual is a requirement of State Revolving Funding program utilized to fund the odor control facility construction. 3. Odor Chemical Addition Optimization: Provide engineering services for the corrosion and odor control alternatives to determine the anticipated effectiveness and cost of chemical addition to the collection system or wastewater treatment plant. Engineer will summarize the most likely chemical addition alternatives and describe their applicability specifically for the VCWWTP and collection system. The anticipated low, mid and high -range capital, operation and maintenance cost for each chemical will be summarized along with documented advantages and disadvantages specifically for the VCWWTP and collection system. 4. Benchscale Testing: Chemical Addition to the Wastewater System: Conduct benchscale testing of three (3) chemical addition alternatives. Benchscale testing will determine preliminary effectiveness of each chemical and potential impact, negative or positive, to the processes at the VCWWTP. The benchscale testing results will be summarized in a report that includes effectiveness at decreasing hydrogen sulfide odors and/or corrosion within and to the associated infrastructure. The benchscale testing will include the following three (3) chemicals: a. Thioguard b. Bioxide c. Ferric Salts/ Hydrogen Peroxide 5. Full Scale Validation of Odor Chemical Addition to the Wastewater System Once the most promising chemical is identified from Task 4, a full scale demonstration test will be performed at suitable location upstream for a one month duration. Engineer will work with Owner staff to identify an optimum offsite location. The selected vendor will provide all necessary equipment, associated labor for installation, test oversight, report preparation and demobilization. A-1 Chemical cost, which is not included in the fee for this task, will be paid by the Owner for the test period. Engineer will develop a test and sampling plan for the test, provide third party oversight, and prepare a memorandum summarizing the results and conclusions of the study. 6. Primary Clarifier Odor Scrubber Validation The existing caustic scrubbers at the primary clarifiers have been in operation for 20+ years and require increased maintenance/operator attention and are a significant safety concern due to the use of caustic. VCWWTP staff would like to validate odor control alternatives that can significantly reduce operations and maintenance needs and increases safety by eliminating the use of caustic which is expensive and hazardous. Engineer will assist with vendor coordination, test plan preparation, test oversight, independent testing and verification, and report preparation. The following validation tests will be performed: a. Biorem long life (10 yr) media pilot test. Biorem will provide a pilot unit at no cost to the owner which will be evaluated using a sample of combined foul air currently being treated by the existing chemical scrubbers. The pilot test will be operated by VCWWTP for 30 days. Engineer will prepare a test and sampling plan for the pilot study. At no cost the Owner, the vendor will provide gas sampling devices for H2S (OdaLogs) at the foul air influent and treated effluent discharge locations for continuous monitoring. Engineer will also install OdaLogs at the same locations as part of third party verification. Engineer will conduct biweekly site visits to assess pilot study system and download odor data. Engineer will analyze and summarize data from the pilot test and summarize findings in a technical memorandum. Engineer will also make a presentation of the validation test results to the Owner's staff. b. Adapco amine chemical pilot test. An additional scrubber will be retrofitted to receive amine based chemical if preliminary evaluations show feasibility. c. Baseline pilot test (existing caustic scrubber). Sampling and analyses similar to that performed to evaluate the vendor pilot unit will be performed to track the baseline performance of the existing chemical scrubbers. One of the existing chemical scrubbers will be used for baseline comparison as part of this task. 7. Fluoride Usage Consulting As part of this task, Engineer will prepare a concise, focused paper (approximately 5 to 10 pages in length) discussing the following aspects of fluoride addition to water. a. Historical use and reasons for fluoride application in drinking water distribution systems b. Details on chemicals used in fluoride addition and typical dosages c. Regulations concerning fluoride concentrations and chemical suitability in drinking water i. EPA Maximum Contaminant Level (MCL) — basis for selection of the MCL ii. AWWA standards for fluoride additives (e.g., quality verification) iii. National Sanitation Foundation (NSF) standards d. Controversy about fluoride addition to drinking water i. Fluoride proponents' key arguments —including the World Health Organization, the Centers for Disease Control, the American Dental Association, and the American Medical Association ii. Fluoride opponents' key arguments A-2 e. Rebuttal of opponents' unsubstantiated viewpoints Engineer will provide all references cited in the paper to enable Owner to review any study -specific details should that be needed in the future. After Owner has the opportunity to review the discussion paper, Engineer experts will hold a conference calls with Owner to address any questions and revise the discussion paper as necessary. Engineer will assist Owner in the preparation of presentation exhibits and/or summary handouts to be presented at a public meeting. The fee proposed for this task does not include effort for Engineer to travel and make a presentation to the Owner City Council. 8. Alternative Chemical Disinfection Evaluation The Village Creek Wastewater Treatment Plant currently used chlorine gas and sulfur dioxide gas to disinfect the treated effluent. Alternative disinfection methods that reduce odors and risk and increase worker safety will be evaluated. The following services will be provided as part of the Alternative Chemical Disinfection Evaluation. a. Perform Background Assessment. A site visit will be conducted identify existing provisions/issues/ constraints of installing systems capable of feeding alternative chemicals. As part of our site visits, Engineer will interview Owner plant staff to obtain additional insight into operational practices/issues with the existing chemical feed facilities. b. Identify and Evaluate Alternatives Disinfectants. Engineer will identify all feasible alternatives for chlorine gas including bulk sodium hypochlorite, onsite sodium hypochlorite generation and/or other options (e.g., ozone and ultraviolet light). Engineer will evaluate the alternatives in terms of applicability, integration ease, operational experience, conceptual footprint, estimated use of benign source chemicals (e.g., salt), availability of source chemicals, number of truck trips, storage and handling requirements, degradation issues, ease of operation, and other criteria. c. Coordinate/Discuss with TCEQ. Based on the alternatives identified from the previous task, Engineer will meet with TCEQ to identify impacts to permits (type of renewal, duration, additional supporting documentation required, feasibility, etc.). d. Develop Conceptual Level Capital Cost Opinions. Engineer will prepare the conceptual design criteria for safer alternatives for chlorine gas and other chemicals of interest. Using the design criteria information, Engineer will size and obtain quotations for the key equipment. The capital cost opinions developed will meet the Level 5 requirements of the Association for Advancement of Cost Engineering (AACE). e. Develop Conceptual - Level 0&M and Life -Cycle Cost Opinions. Using the annual average plant production and chemical consumption information, Engineer will develop the conceptual 0&M cost opinions for each of the benign alternatives for chlorine gas and other chemicals of interest. The 0&M cost opinions will include the costs for chemicals, energy, additional labor and equipment maintenance. Engineer will develop life -cycle cost opinions. f. Identify and Document Cost Offsets. Using the annual average plant production and chemical consumption information, Engineer will identify any cost offsets associated with conversion from chlorine gas. The cost offsets will account for savings that may be achieved from eliminating certain security needs, installing safety devices (scrubbers, alarms etc) and other potential liabilities. A-3 g. Prepare Report. The Department of Homeland Security (DHS) may provide some grant monies to assist systems to implement chlorine gas conversion. Using the information from the above tasks, Engineer will prepare a report that can be tailored to meet a DHS grant money application requirement. The report will include an evaluation of safer alternatives for each chemical of interest; identify the most -preferred alternatives, and their life -cycle costs. It will also include a conversion plan and conditional schedule (based on approval of grant request). 9. M-280 Investigation &Improvement Plan a. Provide Subconsultant RedZone Robotics RESPONDER large diameter pipe inspection system, a trained operating crew, analyst, and the necessary appurtenances to access and collect data for the various size diameter interceptor sewers utilizing LASER, Digital CCTV with pan -tilt -zoom, V-360 Virtual CCTV, and Gas Sensors above the flow line and SONAR sensor technology below the flow line. b. The project will consist of 54,173-feet of M-280 that ranges in size from 84-inch to 96-inch. M-280 will be investigated during low flow conditions. c. Engineer's Subconsultant will provide all necessary computer hardware and software to analyze and present the inspection data in a format easily understood for analysis. d. Responder Robotic System investigation will include mobilization and demobilization of the system and equipment, trained engineering technicians and deployment crew. All labor, equipment and material required to deploy the system using LASER, SONAR, CCTV, V-360 CCTV and GAS sensors to collect data within the designated pipe section. e. Field investigation will include the part-time inspection, field coordination and field investigation evaluation by the Engineer. The Subconsultant will provide a robotic technician, a robotic engineer, deployment technicians and other field personnel as necessary for deployment and investigation. f. All labor, equipment and material required to post process the data including all set-up and software of the collected data will be provided. g. Field reports will include notation of any unusual findings or conditions including those that might affect the accuracy of the investigation data for all of the sensors used. h. Engineer will evaluate, organize and summarize the field investigation data and prepare necessary exhibits to convey findings. Field investigation data will be stored and delivered on DVD/CD format with a printed and bound hard copy. j. The necessary computer software to view the investigation data will be provided. Subconsultant will provide software to allow a complete viewing of the collected 3D pipe model and sonar data. A-4 k. Engineer will collect as -built M-280 information from the Owner and prepare a spreadsheet program to evaluate the pipeline current D-loads and allowable D-loads given the pipe corrosion conditions. I. Engineer will prepare and update a concrete corrosion model to determine the pipeline corrosion rates. The modeled corrosion rates will be compared and verified to the measured corrosion conditions. m. Using information from the D-load program and corrosion model, Engineer will evaluate the measured corrosion patterns and future corrosion rates to identify the potential failure locations and dates. n. Engineer will evaluate the costs for improvements of M-280 using various rehabilitation techniques and materials. o. Engineer will determine the future costs for replacement of M-280 given the predicted useful life of the pipe segments, with and without the use of chemicals. p. Engineer will evaluate the cost-effectiveness of interceptor rehabilitation versus interceptor replacement. q. Engineer will prepare a recommendation of interceptor improvements and an implementation schedule. Responsibility of the Owner for project execution. a. Provide access to available system maps, construction plans, flow data, videotapes, maintenance history and previous inspection data. b. Information on known problems, designs or conditions within the interceptors to be examined so that proper field procedures can be used, and necessary precautions can be taken during the inspection process to avoid loss of equipment. c. Access to the structures needed for deployment of equipment for interceptor inspection. Open any sealed or non-standard manholes / access plates, and reinstall and or reseal them as necessary after the inspection is complete. d. Locate and expose such manholes or access locations that are not visible or accessible, or covered. e. Provide minimum of 24-inches of access diameter for entry of Responder robotic system. This minimum access requirement may require the removal of manhole rings and lids. f. Access roadways that can be traveled by large truck to the five deployment sites. g. Clear and grade around the five deployment sites for access by the truck and equipment. Investigation Performance a. Where progress is delayed or halted beyond Engineer and Subconsultant's control by such causes as weather, access, traffic, wastewater flow, interceptor blockages, or other circumstances, will not be cause for innvestigation termination. b. Certain interceptor construction, operating environments, and field conditions may limit, A-5 interfere, or prohibit Subconsultant from obtaining data or performing work. Some of these may be, but not limited to, surface access, manhole construction, manhole chamber construction, chamber to pipeline interface, vertical, or horizontal lay of the interceptor, blind bends, obstructions, debris, lateral connections, flow levels and velocity, transported materials, flow monitors, electrical interference, cables, or other structures or conditions. Inability to overcome these impediments will not be cause for inspection termination. c. Temporary delays or start of work, or interim delays, shall not be cause for termination of contract. Engineer or Subconsultant will provide written notification of any schedule departures. ATTACHMENT "B" City of Fort Worth West Fork Interceptor and Village Creek Wastewater Treatment all Odor and Corrosion Control Improvements COMPENSATION AND SCHEDULE City Project No. 01286 I Compensation A. Payment for services will be computed on the basis of Salary Costs times a multiplier of 3.25 to determine the payment due for services. The multiplier is a factor which 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 100/- . D. Payment for expenses, costs and services as described in Attachment "A" shall not exceed $954,283.00. E. Partial payment shall be made monthly upon receipt of an invoice from the Engineer, prepared 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 terms of this contract by an officer of the Engineer. Payment according to statements will be subject to certification by the Water Director or his duly authorized representative that such work has been performed. c a a Q 7 c — N U V o a o 0 0 o aw w N C :0 U my o `w p C U LU w h O m w 2 - N U �z w m aw W � cn O pQ2 m E Fo `u m c =_ o w N nm. _ °w �w d n iis ¢ O E E GI O N _ zi MY Ma m 3> U K _ E _ 6 O — Y � . Nry . • m m � A F- RiR111"_ Amendments to Standard Agreement for Engineering Services City of Fort Worth West Fork Interceptor and Village Creek Wastewater Treatment Plant Odor and Corrosion Control Improvements City Project No. 01286 None Attachment D - Project Schedule City of Fort Worth West Fork Interceptor and Village Creek Wastewater Treatment Plant Odor and Corrosion Control Improvements This PROTECT requires a Tier 3 schedule as defined herein and in the City's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: - Primavera (Version 6.1 or later or approved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Primavera SureTrak (Version 3.x or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the Cl'TY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (MS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGI2;ESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CIs Schedule Guidance Document inclusi TY've. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: 1 OF 2 • Changes in the critical path, • Expected schedule changes, o Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, • Other schedule -related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY s current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. 20F2 0 C a) E i U i a) E a) O L Q. L O 0 a) O L U Page 1 of 2 City of Fort Worth, Texas Mayor and uncil Communication COUNCIL ACTION: Approved on 7/28/2009 -Ord. No. 18737-07-2009 DATE: Tuesday, July 28, 2009 LOG NAME: 60WEST FORK MALCOLM PIRNIE REFERENCE NO.: C-23696 SUBJECT: Authorize an Engineering Agreement in the Amount of $954,283.00 with Malcolm Pirnie, Inc., for the West Fork Interceptor and Village Creek Wastewater Treatment Plant Odor and Corrosion Control Improvements and Adopt Appropriation Ordinance ........_.................. RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $974,283.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $974,283.00 from available funds; and 3. Authorize the City Manager to execute an Engineering Agreement with Malcolm Pirnie, Inc., in the amount of $954,283.00 for the West Fork Interceptor and Village Creek Wastewater Treatment Plant Odor and Corrosion Control improvements. DISCUSSION: The Water Department developed an interceptor condition assessment program after several significant pipeline failures in 2007 and 2008 on various large diameter pipelines. This proposed contract is a part of the larger program to assess the condition of the large diameter sanitary sewer mains in the system and to prioritize repairs. Approximately 80 percent of the sanitary sewer flow into Village Creek Wastewater Treatment Plant (VCWWTP) is transported through two 96 inch concrete interceptors running roughly along the West Fork of the Trinity River from the old Riverside Wastewater Treatment Plant (Gateway Park). These lines cross several major arterials and at one point cross under East Loop of Interstate Highway 820. One of the two interceptors was installed in 1963 and the other in 1977. Both of these lines must be in service at all times to meet the sanitary sewer demands of the customers in the service area. Due to the critical nature of these interceptors, the Water Department has been working to assess the pipeline condition. Initial visual data gathered in 2003 indicated significant corrosion in the pipelines, warranting a more in-depth evaluation of the pipeline condition. In 2004, a pilot scale demonstration of a more comprehensive technology was conducted to evaluate its effectiveness before investing in a full scale effort. The pilot scale demonstration confirmed the soundness of the technology for this application. This proposed contract provides a full scale inspection of M280, the older West Fork interceptor, to set a benchmark of the pipeline condition and to identify locations of potential critical failures. The inspection will be performed with the line in service and includes sonar, laser and television data. The laser scans will reveal the remaining pipe wall thickness, the sonar scans will map debris accumulated in the pipe and the television data provides visual information on the condition of the system. The 46-year old pipeline, M280 http://apps.cfivuet.org/ecouncil/printinc.asp?id=12002&print=true&DocType=Print 8/3/2009 Page 2 of 2 will be inspected from the old Riverside Waste Water Treatment Plant to the VCWWTP. In conjunction with the pipeline inspection, the contract services include additional professional services related to corrosion and odor control at the VCWWTP and within the sanitary sewer approach mains. These services include an evaluation of chemical corrosion and odor control methodologies that are expected to extend the operational life of the pipelines and the VCWWTP and to reduce the generation of odor in the pipelines and at the wastewater treatment plant. In addition to contract costs, $20,000.00 is included for staff support. This project is located in COUNCIL DISTRICT 5. Malcolm Pirnie, Inc., is in compliance with the City's M/1NBE ordinance by committing to 5 percent M/WBE participation on this contract. The City's goal on this contract is 5 percent. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. _._ __ FUND CENTERS: TO Fund/Account/Centers 1 & 2) P258 476045 7013001286ZZ 2)P258 531200 701300128630 2)P258 511010 701300128630 CERTIFICATIONS: FROM Fund/Account/Centers $974,283.00 1) PE45 538040 0709020 $954,283.00 3) P258 531200 701300128630 $20,000.00 Submitted for City Manager's Office bv: Ori inating Department Head: Additional Information Contact: Fernando Costa (6122) S. Frank Crumb (8207) Madelene Rafalko (8215) ATTACHMENTS 1. 60WEST FORK AO._doc (Public) 2. 60WEST FORK MALCOLM__PIR_N_IE FAR.Pdf (CFW Internal) 3. GOWEST FORK MALCOLM P_I_RNIE MAP (portrait),pdf (Public) __ — _ _ 4. PE45_Sewer.pdf (CFW Internal) 5. Updated_Compliance,_pdf (CFW Internal) $974,283.00 $954,283.00 http://apps.cfwnet.org/ecouncil/priutmc.asp?id=12002&print=true&DocType=Print 8/3/2009 Page 1 of 2 City of Fort Worth, Texas COUNCIL ACTION: Approved on 7/28/2009 -Ord. No. 18737-07-2009 __ __ DATE: Tuesday, July 28, 2009 LOG NAME: 60WEST FORK MALCOLM PIRNIE REFERENCE NO.: C-23696 SUBJECT: Authorize an Engineering Agreement in the Amount of $954,283.00 with Malcolm Pirnie, Inc., for the West Fork Interceptor and Village Creek Wastewater Treatment Plant Odor and Corrosion Control Improvements and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $974,283.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $974,283.00 from available funds; and 3. Authorize the City Manager to execute an Engineering Agreement with Malcolm Pirnie, Inc., in the amount of $954,283.00 for the West Fork Interceptor and Village Creek Wastewater Treatment Plant Odor and Corrosion Control improvements. ___ __ __ _ _. DISCUSSION: The Water Department developed an interceptor condition assessment program after several significant pipeline failures in 2007 and 2008 on various large diameter pipelines. This proposed contract is a part of the larger program to assess the condition of the large diameter sanitary sewer mains in the system and to prioritize repairs. Approximately 80 percent of the sanitary sewer flow into Village Creek Wastewater Treatment Plant (VCWWTP) is transported through two 96 inch concrete interceptors running roughly along the West Fork of the Trinity River from the old Riverside Wastewater Treatment Plant (Gateway Park). These lines cross several major arterials and at one point cross under East Loop of Interstate Highway 820. One of the two interceptors was installed in 1963 and the other in 1977. Both of these lines must be in service at all times to meet the sanitary sewer demands of the customers in the service area. Due to the critical nature of these interceptors, the Water Department has been working to assess the pipeline condition. Initial visual data gathered in 2003 indicated significant corrosion in the pipelines, warranting a more in-depth evaluation of the pipeline condition. In 2004, a pilot scale demonstration of a more comprehensive technology was conducted to evaluate its effectiveness before investing in a full scale effort. The pilot scale demonstration confirmed the soundness of the technology for this application. This proposed contract provides a full scale inspection of M280, the older West Fork interceptor, to set a benchmark of the pipeline condition and to identify locations of potential critical failures. The inspection will be performed with the line in service and includes sonar, laser and television data. The laser scans will reveal the remaining pipe wall thickness, the sonar scans will map debris accumulated in the pipe and the television data provides visual information on the condition of the system. The 46-year old pipeline, M280 http://apes.cfivnet.org/ecouncil/printmc.asp?id=12002&print=true&DocType=Print 8/3/2009 Page 2 of 2 will be inspected from the old Riverside Waste Water Treatment Plant to the VCWWTP In conjunction with the pipeline inspection, the contract services include additional professional services related to corrosion and odor control at the VCWWTP and within the sanitary sewer approach mains. These services include an evaluation of chemical corrosion and odor control methodologies that are expected to extend the operational life of the pipelines and the VCWWTP and to reduce the generation of odor in the pipelines and at the wastewater treatment plant. In addition to contract costs, $20,000.00 is included for staff support. This project is located in COUNCIL DISTRICT 5. Malcolm Pirnie, Inc., is in compliance with the City's M/WBE ordinance by committing to 5 percent M/WBE participation on this contract. The City's goal on this contract is 5 percent. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers 1 & 2)P258 476045 7013001286ZZ 2)P258 531200 701300128630 2)P258 511010 701300128630 CERTIFICATIONS: FROM Fund/Account/Centers $974,283.00 1) PE45 538040 0709020 $954,283.00 3) P258 531200 701300128630 $20,000.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6122) S. Frank Crumb (8207) Madelene Rafalko (8215) ATTACHMENTS 1. 6__OWEST FORK A4.doc (Public) 2. GOWEST FORK MALCOLM_PIRNIE FAR.pdf (CFW Internal) 3. GOWEST FORK MALCOLM PIRNIE MAP (portrait).pdf (Public) 4. P_E45 Sewer.pdf (CFW Internal) 5. Updated_Carnplian_ce.pdf (CFW Internal) $974,283.00 $954,283.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=12002&print=true&DocType=Print 8/3/2009 Page 1 of 2 • . • � � COUNCIL ACTION: Approved on 7/28/2009 -Ord. No. 18737-07-2009 DATE: Tuesday, July 28, 2009 LOG NAME: 60WEST FORK MALCOLM PIRNIE REFERENCE NO.: C-23696 SUBJECT: Authorize an Engineering Agreement in the Amount of $954,283.00 with Malcolm Pirnie, Inc., for the West Fork Interceptor and Village Creek Wastewater Treatment Plant Odor and Corrosion Control Improvements and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $974,283.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $974,283.00 from available funds; and 3. Authorize the City Manager to execute an Engineering Agreement with Malcolm Pirnie, Inc., in the amount of $954,283.00 for the West Fork Interceptor and Village Creek Wastewater Treatment Plant Odor and Corrosion Control improvements. _. __ _ _ _. .. DISCUSSION: The Water Department developed an interceptor condition assessment program after several significant pipeline failures in 2007 and 2008 on various large diameter pipelines. This proposed contract is a part of the larger program to assess the condition of the large diameter sanitary sewer mains in the system and to prioritize repairs. Approximately 80 percent of the sanitary sewer flow into Village Creek Wastewater Treatment Plant (VCWWTP) is transported through two 96 inch concrete interceptors running roughly along the West Fork of the Trinity River from the old Riverside Wastewater Treatment Plant (Gateway Park). These lines cross several major arterials and at one point cross under East Loop of Interstate Highway 820. One of the two interceptors was installed in 1963 and the other in 1977. Both of these lines must be in service at all times to meet the sanitary sewer demands of the customers in the service area. Due to the critical nature of these interceptors, the Water Department has been working to assess the pipeline condition. Initial visual data gathered in 2003 indicated significant corrosion in the pipelines, warranting a more in-depth evaluation of the pipeline condition. In 2004, a pilot scale demonstration of a more comprehensive technology was conducted to evaluate its effectiveness before investing in a full scale effort. The pilot scale demonstration confirmed the soundness of the technology for this application. This proposed contract provides a full scale inspection of M280, the older West Fork interceptor, to set a benchmark of the pipeline condition and to identify locations of potential critical failures. The inspection will be performed with the line in service and includes sonar, laser and television data. The laser scans will reveal the remaining pipe wall thickness, the sonar scans will map debris accumulated in the pipe and the television data provides visual information on the condition of the system. The 46-year old pipeline, M280 http://apps.cfivnet.org/ecouncil/printmc.asp?id=12002&print=true&DocType=Print 8/3/2009 Page 2 of 2 will be inspected from the old Riverside Waste Water Treatment Plant to the VCWWTP In conjunction with the pipeline inspection, the contract services include additional professional services related to corrosion and odor control at the VCWWTP and within the sanitary sewer approach mains. These services include an evaluation of chemical corrosion and odor control methodologies that are expected to extend the operational life of the pipelines and the VCWWTP and to reduce the generation of odor in the pipelines and at the wastewater treatment plant. In addition to contract costs, $20,000.00 is included for staff support. This project is located in COUNCIL DISTRICT 5. Malcolm Pirnie, Inc., is in compliance with the City's M/V1/BE ordinance by committing to 5 percent M/WBE participation on this contract. The City's goal on this contract is 5 percent. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers 1 & 2) P258 476045 7013001286ZZ 2)P258 531200 701300128630 2)P258 511010 701300128630 FROM Fund/Account/Centers $974,283.00 1) PE45 538040 0709020 $954,283.00 3) P258 531200 701300128630 $20,000.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) S. Frank Crumb (8207) Madelene Rafalko (8215) ATTACHMENTS 1. 60WEST FORK AO.doc (Public) 2. 6QWEST FORK MALCO_LM_P_I_RN_ IE___FAR.pdf (CFW Internal) 3. 60WEST FORK MALCOLM PIRNIE MAP (portrait),pd_f (Public) 4. PE45 Sewer,pd__f (CFW Internal) 5. Updated_ Co_ mpliance_ pdf (CFW Internal) $974,283.00 $954,283.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=12002&print=true&DocType=Print S/3/2009