HomeMy WebLinkAboutContract 27591 CITY SECRETARY
CITY OF FORT WORTH TEXAS CONTRACT NO.
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth(the"CITY"),and Freese and Nichols,
Inc. (ENGINEER), for a PROJECT generally described as: Update of Water Master Plan.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to ENGINEER will be made as follows:
A. Invoice and Payment
(1) ENGINEER shall provide the CITY sufficient documentation to reasonably
substantiate the invoices.
(2) Monthly invoices will be issued by ENGINEER for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article 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,ENGINEER may,
after giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In-la-v=
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suspension of services, the ENGINEER shall have no liability to CITY for
services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
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 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) 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. 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 ENGINEER.
D. Preparation of Engineering Drawings
ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets,or as otherwise approved by CITY,which shall become the property
of the CITY. CITY may use such drawings in any manner it desires; provided, however, that
ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT
described herein.
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E. ENGINEER's Personnel at Construction Site
(1) The presence or duties of ENGINEER!s personnel at a construction site,
whether as on-site representatives or otherwise,do not make 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. 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 extend of specific site visits expressly detailed and set forth in
Attachment A, 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 or the agreement between CITY and ENGINEER be
construed as requiring ENGINEER to make exhaustive or continuous on-site
inspections to discover latent defects in the work or otherwise check the
quality or quantity of the work on the PROJECT. If, for any reason, the
ENGINEER should make an on-site observation(s),on the basis of such on-
site observations, if any, ENGINEER shall endeavor to keep the CITY
informed of any deviation from the Contract Documents coming to the actual
notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the 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) 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, 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
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costs;competitive bidding procedures and market conditions;time or quality
of performance by third parties; quality, type, management, or direction of
operation personnel; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore,
ENGINEER makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not vary from
ENGINEER's opinions, analyses,projections, or estimates.
G. Construction Progress Payments
Recommendations by ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on 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 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
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. ENGINEER is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE)Participation
In accord with City of Fort Worth Ordinance No. 11923,the CITY has goals for the
participation of minority business enterprises and woman business 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 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.
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J. Right to Audit
(1) ENGINEER agrees that the CITY shall,until the expiration of three(3)years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books,documents,papers and
records of 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 all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under
the subcontract,have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant,involving transactions to the subcontracts,and farther,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. ENGINEER!s Insurance
(1) Insurance Coverage and Limits:
ENGINEER shall provide to the CITY certificate(s) of insurance
documenting policies of the following coverage at minimum limits which are
to be in effect prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident(or reasonably equivalent limits of coverage
if written on a split limits basis). Coverage shall be on any vehicle
used in the course of the PROJECT.
Worker's Compensation
Coverage A: statutory limits
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Coverage B: $100,000 each accident
$500,000 disease -policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate
(2) Certificates of insurance evidencing that ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall
include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverages
specified according to items section K.(1)and K.(2)of this agreement
are provided under applicable policies documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty(3 0)days notice of cancellation,non-renewal or
material change in coverage shall be provided to the CITY. Aten(10)
day notice shall be acceptable in the event of non-payment of
premium. Such terms shall be endorsed onto ENGINEER's insurance
policies. Notice shall be sent to the respective Department Director
(by name), City of Fort Worth, 1000 Throckmorton, Fort Worth,
Texas 76102.
(e) Insurers for all policies must be authorized to do business in the state
of Texas or be otherwise approved by the CITY; and, such insurers
shall be acceptable to the CITY in terms of their financial strength
and solvency.
(f) Deductible limits, or self insured retentions, affecting insurance
required herein may be acceptable to the CITY at its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may
also be acceptable to the CITY.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The CITY shall be entitled, upon its request and without incurring
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expense, to review ENGINEER's insurance policies including
endorsements thereto and,at the CITY's discretion,ENGINEER may
be required to provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless such are approved by the CITY.
(j) The Professional Liability insurance policy, if written on a claims
made basis shall be maintained by ENGINEER for a minimum two
(2) year period subsequent to the term of the respective PROJECT
contract with the CITY unless such coverage is provided ENGINEER
on an occurrence basis.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood that
insurance cost is an allowable component of ENGINEER's overhead.
(1) All insurance required in Section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to ENGINEER shall be required by ENGINEER to
maintain the same or reasonably equivalent insurance coverage as
required for ENGINEER. When insurance coverage is maintained by
subconsultants,ENGINEER shall provide CITY with documentation
thereof on a certificate of insurance. Notwithstanding anything to the
contrary contained herein, in the event a subconsultant's insurance
coverage is cancelled or terminated,such cancellation or termination
shall not constitute a breach by ENGINEER of the AGREEMENT.
L. Independent Consultant
ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY.
M. Disclosure
ENGINEER acknowledges to the CITY it has made full disclosure in writing of any
existing conflicts of interest or potential conflicts if interest, including personal
financial interest,direct or indirect,in property abutting the proposed PROJECT and
business relationships with abutting property cities. ENGINEER further
acknowledges that it will make disclosure in writing of any conflicts of interest which
develop subsequent to the signing of this contract and prior to final payment under
the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
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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,ENGINEER will,if
requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities -Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which ENGINEER
should have been aware of at the time this AGREEMENT was executed,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 ENGINEER could not have
been reasonably aware of,ENGINEER shall notify the CITY of such changes and an
adjustment in compensation will be made through an amendment to this
AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to ENGINEER all technical data in the CITY's
possession relating to ENGINEER's services on the PROJECT. 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 ENGINEER as required for
ENGINEER's performance of its services and will provide labor and safety
equipment as required by ENGINEER for such access. The CITY will perform,at no
cost to ENGINEER, such tests of equipment, machinery, pipelines, and other
components of the CITY's facilities as may be required in connection with
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,
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or federal authorities; and land, easements,rights-of-way, and access necessary for
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate;and render in writing decisions required
by the CITY in a timely manner in accordance with the project schedule in
Attachment E.
E. Prompt Notice
The CITY will give prompt written notice to ENGINEER whenever the CITY
observes or becomes aware of any development that affects the scope or timing of
ENGINEER's services or of any defect in the work of ENGINEER or construction
contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release ENGINEER and its officers,employees,and subcontractors from all
claims, damages, losses, and costs, including, but not limited to, attorney's
fees and litigation expenses arising out of or relating to the presence,
discharge, release, or escape of hazardous substances, contaminants, or
asbestos on or from the PROJECT. Nothing contained herein shall be
construed to require the CITY to levy, assess, or collect any tax to fund this
indemnification.
(2) The indemnification and release required above shall not apply in the event
the discharge, release, or escape of hazardous substances, contaminants, or
asbestos is a result of ENGINEER's negligence or if such hazardous
substance, contaminant, or asbestos is brought onto the PROJECT by
ENGINEER.
G Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and 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:
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"Contractors, subcontractors, and equipment and materials suppliers on the
PROJECT, or their sureties, shall maintain no direct action against
ENGINEER, its officers, employees, and subcontractors, for any claim
arising out of,in connection with,or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any undertaking by
ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and ENGINEER and there are no third-parry 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.
L CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of 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 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 inthis
AGREEMENT. If such changes affect 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
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 ENGINEER will be at
the CITY's sole risk. The final designs, drawings, specifications, and documents
shall be owned by the CITY.
C. Force Majeure
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 ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the CITY for convenience on
30 days'written notice. This AGREEMENT may be terminated by either the
CITY or ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the CITY,
ENGINEER will be paid for termination expenses as follows:
(a) Cost of reproduction of partial or complete studies, plans,
specifications, or other forms of ENGINEER's work product.
(b) Out-of-pocket expenses for purchasing storage containers,microfilm,
electronic data files, and other data storage supplies or services.
(c) The time requirements for 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,ENGINEER will submit to the
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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 of Work
The CITY may suspend, delay, or interrupt the services of 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
ENGINEER's personnel and subcontractors,and ENGINEER's compensation will be
made.
F Indemnification
(1) ENGINEER agrees to indemnify and defend the CITY from any loss,cost,or
expense claimed by third parties for any property damage and bodily injury,
including death, caused solely by the negligence or willful misconduct of
ENGINEER, its employees, officers,and subcontractors in connection with
the PROJECT.
(2) If the negligence or willful misconduct of both ENGINEER and the CITY
(for a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P.&R.Code,
Section 33.011(4) (Vernon Supplement 1996).
G Assignment
Neither party will assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery,including breach of contract or warranty,tort including negligence,strict or
statutory liability,or any other cause of action,except for willful misconduct or gross
negligence for limitations of liability and sole negligence for indemnification. Parties
means the CITY and ENGINEER and their officers, employees, agents, and
subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance,and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Tarrant County,Texas.
J. Alternate Dispute Resolution
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(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this AGREEMENT or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder,will be submitted to mediation. If mediation is unsuccessful,the
claim,dispute,or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely to
be less than $50,000, exclusive of attorney's fees, costs, and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs, and expenses, will be final,
judgement may be entered thereon in any court having jurisdiction,and will
not be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act(9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs, and
expenses, may be litigated by either parry on a de novo basis. The award
shall become final ninety(90)days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either
party for any purpose in the litigation.
L. 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.,VIH.,VI.I.,and VI.J.shall survive termination
of this AGREEMENT for any cause.
M. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all CITY ordinances and regulations which in any way affect
this AGREEMENT and the work hereunder, and shall observe and comply with all
orders,laws,ordinances,and regulations which may exist or may be enacted later by
governing bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to
defend, indemnify and hold harmless CITY and all of its officers, agents, and
employees from and against all claims or liability arising out of the violation of any
such order, law, ordinance, or regulation,whether it be by itself or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings,and may only be changed by a
written amendment executed by both parties. The following attachments and schedules are hereby
made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C - Supplemental Obligations of ENGINEER
IN TESTIMONY WHEREOF,the City of Fort Worth has caused this instrument to be signed
in quintuplet in its name and on its behalf, by its Assistant City Manager and attested by its City
Secretary, with the Corporate Seal affixed, and the Engineer also has properly executed this
instrument in quadruplet copies each of which is deemed an original.
EXECUTED this r day of / 1-- ---,A.D.,
ATTEST: CITY OF FORT WORTH
IW 0 B
.Gloria Pe son Brid tte arrett
City Secretary Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY
FREESE AND NICHOLS,INC.
Assistant City Attorney
ATTEST: By: /
Robert F. Pence, P.E.
Senior Vice President
APPROVAL COMMEN ED: Z — 1% Ol3
Contract authorization
By' Date
Dale Fisseler, P. .
Water Director
05MCC SQL MQ
CNN 5EC-M&I
ATTACHMENT "A"
General Scope of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in the Supplemental Scope of Services. In cases of conflict between the
Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope
of Services shall have precedence over the General Scope of Services."
GENERAL
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the
City regarding the scope of project so that the plans and specifications which are to be
developed hereunder by the Engineer will result in providing facilities which are
economical in design and conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be
necessary for the design of the proposed street and storm drain and/or water and
wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure
necessary information from such outside agencies, to meet their requirements.
3) Geotechnical Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations
that may be needed. In the event it is determined necessary to make borings or
excavate test holes or pits, the Engineer shall in coordination with the City and the City's
geotechnical engineering consultant, draw up specifications for such testing program.
.The cost of the borings or excavations shall be paid for by the City.
4) Agreements and Permits
The Engineer shall complete all forms/applications to allow the City of Fort Worth to
obtain any and all agreements and/or permits normally required for a project of this size
and type. The Engineer will be responsible for negotiating and coordinating to obtain
approval of the agency issuing the agreement and/or permits and will make any
revisions necessary to bring the plans into compliance with the requirements of said
agency, including but not limited to highways, railroads, water authorities, Corps of
Engineers and other utilities.
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineer's own cost and expense, unless such changes
are required due to changes in the design of the facilities made by the permitting
authority. If such changes are required, the Engineer shall notify the City and an
amendment to the contract shall be made if the Engineer incurs additional cost. If there
are unavoidable delays, a mutually agreeable and reasonable time extension shall be
negotiated.
6) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic
film sheets, or as otherwise approved by the Department of Engineering and 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; and further provided, that the
Engineer shall not be liable for the consequences of any changes that are made to the
drawings or changes that are made in the implementation of the drawings without the
written approval of the Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction of
the project. Engineer shall determine ownership of such land and furnish the City with
the necessary right-of-way sketches, prepare necessary easement descriptions for
acquiring the rights-of-way and/or easements for the construction of this project.
Sketches and easement descriptions are to be presented in form suitable for direct use
by the Department of Engineering in obtaining rights-of-way, easements, permits and
licensing agreements. All materials shall be furnished on the appropriate City forms in a
minimum of four(4) copies each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans
and Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to
any proposed utility lines or adjustment to existing utility lines within the project limits.
The information obtained shall be shown on the conceptual plans. The Engineer shall
show on the preliminary and final plans the location of the proposed utility lines, existing
utility lines, based on the information provided by the utility, and any adjustments and/or
relocation of the existing lines within the project limits. The Engineer shall also evaluate
the phasing of the water, wastewater, street and drainage work, and shall submit such
evaluation in writing to the City as part of this phase of the project.
10) Conceptual Plans
The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans
which include layouts, preliminary right-of-way needs and preliminary estimates of
probable construction costs for the Engineer's recommended plan. For all submittals,
the Engineer shall submit plans and documents for street/storm drain and
water/wastewater facilities. The Engineer shall receive written approval of the Phase 1
Plans from the City's project manager before proceeding with Phase 2.
-2-
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, 'drainage
calculations, and preliminary estimates of probable construct cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans
and five (5) copies of the preliminary technical specifications for review by the City and
for submission to utility companies and other agencies for the purposes of coordinating
work with existing and proposed utilities. The preliminary construction plans shall
indicate location of existing/proposed utilities and storm drain lines. the Engineer shall
receive written approval of the Phase 2 plans from the City's project manager before
proceeding with Phase 3.
PHASE
13) Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
.14) Detailed Cost Estimate
The Engineer shall furnish four (4) copies of detailed estimates of probable construction
costs for the authorized construction project, which shall include summaries of bid items
and quantities.
15) Plans and Specifications Approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state and federal
laws and with applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies. The Engineer shall receive written approval of the
Phase 3 plans from the City's project manager before proceeding with Phase 4.
PHASE
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans
and contract specifications. The approved plans and contract specifications shall be
used as authorized by the City for use in obtaining bids, awarding contracts, and
constructing the project.
-3-
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the
bidding documents, and assist the owner in determining the qualifications and
acceptability of prospective contractors, subcontractors, and suppliers. When
substitution prior to the award of contracts is allowed by the bidding documents, the
Engineer will advise the owner as to the acceptability of alternate materials and
equipment proposed by the prospective contractors.
18) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the
construction of the project and shall make a recommendation of award to the City.
19) Prebid Conference
The Engineer shall attend the prebid conference and the bid opening, prepare bid
tabulation sheets and provide assistance to the owner in evaluating bids or proposals
and in assembling and awarding contracts.for construction, materials, equipment, and
services.
PHASE
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters concerning the layout of the
project during its construction and will set control points in the field to allow City survey
crews to stake the project. The setting of line and grade stakes and route inspection of
construction will be performed by the City.
22) Site Visits
The Engineer shall visit the project site at appropriate intervals as construction proceeds
to observe and report on the progress and the quality of the executed work.
23) Shop Drawing Review
The Engineer shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratory, shop, and mill
test reports on materials and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the acceptability of
the work, at the request of the City.
-4-
25) Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field
conditions encountered.
26) Record Drawings
The Engineer shall prepare record drawings from information submitted by the
contractor.
[OFF02041]TAFortWorth\Water Study\Contract\AttachmentA
-5-
EX HBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT"A")
The following is a clarification of the tasks that the ENGINEER will perform under
ATTACHMENT"A". Work under this attachment includes engineering services for water
system improvements for the following:
Update of water master plan, including strategic planning and capital improvement plan
development.
Upon receipt of notice to proceed,the ENGINEER will perform the following tasks.
I. Project Management
A. Administration—Perform general administration duties with the project, including
progress monitoring, scheduling, general correspondence, office administration
and invoicing. This activity also includes
B. Project Reports — Prepare and submit progress reports to the City on a monthly
basis. Progress reports will summarize work tasks completed during the past
month, scheduled activities for the upcoming month, outline upcoming key
decisions which will require input from, or discussion with, the City's staff, and
list any problems or unresolved issues.
C. Meetings—Participate in meetings with the City including the following:
1. Initial Meeting—Hold an initial meeting to define lines of communication
and confirm the study scope and schedule.
2. Progress Meeting—Hold progress meetings monthly to discuss data needs,
project status, and any topics of special concern. Furnish City
memorandum outlining progress, action items, and project schedule.
II. Strategic Planning
A. Collect, Review and Analyze Planning Data — Obtain Land Use Plan, Zoning
Maps, ETJ & CCN Mapping, Thoroughfare Plan (digital form), street centerline
and parcel mapping (GIS), and contour maps. Review data and prepare mappings
showing various service boundary alternatives and limitations.
A-1.1
B. Meet with Primary Stakeholders — Coordinate three meetings with Master
Planning Advisory Committee to gather input on strategic planning and study area
boundaries. Provide committee with results of data analysis of service boundary
alternatives.
C. Establish Maximum Planning Area Boundary- Following the results of the
meetings, establish maximum limits of the ultimate planning boundaries for the
City of Fort Worth retail and wholesale water system.
D. Set Planning Boundaries in 5-year Increments- Establish planning boundaries for
the following increments of times 2005, 2010, 2020 and buildout conditions.
Planning boundaries will be established based on existing and potential
customers, ETJ & CCN boundaries, and the requirement for new pressure planes.
E. Meet with Secondary Stakeholders — Coordinate three meetings with secondary
stakeholders, such as Fort Worth Chamber of Commerce and Wholesale
Customer Advisory Committee, to provide information regarding progress of
strategic planning.
F. Prepare Strategic Planning Memorandum Report — Prepare strategic planning
memorandum report outlining existing and future service areas for the Fort Worth
Water System along with an ultimate service boundary. The report will discuss
issues to be resolved in extending future water service and potential water supply
alternatives to be addressed in detailed the water system study. Provide 40 copies
of Strategic Planning Report to the City.
III. Water System Model Update and GIS Integration
A. Evaluate Water System Modeling Software and Modules—Compare the H2OMap
Water and H2ONet modeling packages and present results to City to choose a
modeling package. Review advantages and disadvantages of the use of
calibration module (Calibrator), system reliability module (Adviser), and
optimization module (Designer) with the 112ONet modeling software. A $50,000
software allowance is included for the purchase of modeling software and new
H20NET modules for the City.
B. Obtain and Review Digital Water System Files— Obtain from City detailed 11" x
17" Micro-Station mapping of existing water system, pressure plane valve
locations, mapping of pumping and elevated storage facilities.
A-1.2
C. Obtain Hard Copies of Recent Projects — Obtain copies of recently completed
significant water system projects showing new transmission, storage and pumping
projects and plans of major developments under construction not included in 11"
x 17"mapping.
D. Develop Pipeline and Node Numbering Scheme for H20NET and GIS
Developing — Review alternatives numbering schemes with City and make
recommendations for both model and GIS development. Pipeline numbering
scheme will identify pipe and node location and pressure plane.
E. Modify H20NET Models to Match City's GIS Base Incorporate GIS
Parcel and Street Centerline files as background mapping for H20NET models.
Reconstruct H20NET models until model files match GIS Parcel Mapping for all
12-inch and larger waterlines and isolated 8-inch waterlines.
F. Review and Prepare Memorandum Outlining Water Model Data and Format
Needed in GIS Development—Meet with GIS personnel and discuss water system
data and format needed in performing future water system model updates,
including "Date Accepted" and "From & To" and "Material" fields and how
pipeline and water system nodes shall be constructed in GIS.
G. Modify Pumping/Storage Facilities in H20NET Model - Update pumping and
storage facilities in H20Net models to match "Distribution Manual" piping
configurations and GIS Base Mapping.
H. Review and Update Pipe Size and Connectivity in H20Net Model - Confirm
pipeline connectivity and diameters in model to match connectivity shown in
Micro-Station system maps.
I. Conduct Meetings with Field Operations and Production Department to Review
System Layout — Meet with Field Operation and Production Departments to
review pipeline connectivity, identify pipelines problems, closed valves, pressure
plane valves, and abandoned waterlines.
J. Update Pipe Data Fields in Model - Populate pipe material and pipe age fields in
H20Net model. Utilize historical water system studies showing mapping in
1930', 1940's, 1950's, 1960's, 1970's, 1980's and 1990's for pipe age and
material descriptions.
K. Group pipes for Use in Calibrator - Select pipe groups based on pipe material and
pipe age by pressure plane in H20Net model for use with H20Net Calibrator
Module.
A-1.3
IV. Water Usage Analysis
A. Obtain and Evaluate SCADA Data from the City — Obtain SCADA data for two
weeks of peak summer usage and two weeks of typical winter usage. SCADA
data will be used to develop diurnal curves for each of the Pressure Planes and to
assist in model calibration.
B. Prepare and send Projected Water Needs Request Pamphlet to Wholesale
Customers and Major Industries- F&N will prepare and send Projected Water
Needs Request Pamphlet to major customers to educate customers on the master
planning process and to assist in assessing the water demand needs of Fort
Worth's service area.
C. Review and Evaluate Wholesale Water Usage Data — Review and evaluate
historical water usage over the last 5 years for each of the City's wholesale
customers as well as the size and capacity of each of the wholesale water meters.
D. Review and Evaluate Retail Water Usage Data — Review and evaluate historical
growth in number of connections within each pressure plane over the last 5 years,
including the top 50 large water users within each pressure plane and their
locations.
E. Estimate Year 2002 Water Demands - Review historical SCADA data and
population to determine per capita water usage. Utilize per capita water usage to
estimate 2002 average day, maximum day, and peak hour demands for each
pressure plane.
F. Utilize NCTCOG GIS Census Tract Mapping for Existing Water Demand
Distributions - Incorporate NCTCOG GIS census tract mapping and data to
allocate existing water demands throughout each pressure planes for model
update.
G. Utilize City's GIS Land Use and Zoning Maps - Incorporate GIS Land Use and
Zoning Maps as background mapping to estimate population growth and water
demands for undeveloped areas.
H. Project Year 2005, 2010, 2020 and Buildout Populations - Review historical and
projected populations from NCTCOG, TWDB, and City and utilize this
information along with projected service boundaries and land uses to project
2005, 2010, 2020 and buildout populations for each Pressure Planes. The limits
of planning will be determined from the results of the strategic planning
memorandum report.
I. Project Year 2005, 2010, 2020 and Buildout Water Demands - Utilize per capita
water usage and projected populations to determine average day, maximum day,
A-1.4
and peak hour demands for each Pressure Planes for 2005, 2010, 2020 and
buildout.
J. Distribute Water Demands to Water Lines - Distribute water demands for each
operating condition throughout each Pressure Planes using NCTCOG's Census
Tract Data and the City's land uses. Large wholesale customers, industrial and
commercial demands will be distributed as point loads to the system model.
V. H2ONet Model Field Testing and Calibration
A. Identify Field Testing Locations - Assist with City in conducting hydraulic field
testing required for model calibration by preparing procedures for field testing
showing proposed location of testing, duration of testing, required SCADA data
during testing period, and assistance from Field Operations Department. F&N
Will coordinate and process field testing data.
B. Conduct Hydrant Flow Tests—Assist and coordinate with City in identifying 3 to
5 hydrant flow testing locations in each pressure plane depending on pressure
plane size for a total of 30 tests. The City will conduct-the hydrant flow tests.
C. Conduct Pressure Observation Tests — Assist and coordinate with City in
identifying 5 to 8 pressure testing locations in each pressure plane depending on
pressure plane size for a total of 65 tests. The tests will consist of recording
pressure gauge readings continuously for a one week period. The City will
conduct pressure testing.
D. Evaluate Pump Testing Data—Evaluate and model pump testing data from 1999
Fort Worth Electrical Assessment Study. Conduct additional booster pump
station field testing for major pumping facilities as necessary.
E. Assign Initial C Factors in Model - Assign initial C factors to existing waterlines
in H20NET model using results of the pipe age/material table in model update.
F. Assign Field Testing Data to Nodes in Model for use in Calibrator - Input field
measured pressures into H20Net Calibrator Module.
G. Assign C Factor Ranges in Calibrator - Identify and input minimum and
maximum limits of C factors for each pipe group depending on pipe material,pipe
age and field testing results.
H. Conduct Limited C-factor Testing- - Conduct up to six C-factor tests for areas
where water system model cannot be calibrated with pressure testing data.
A-1.5
I. Utilize H2ONet Calibrator Module - Use H2ONet Calibrator Module to calibrate
C factors in each Pressure Planes. C-factors will be adjusted until model results
conform to field testing data and historical SCADA information. Calibration will
be reviewed for both steady state and extended period analysis.
VI. Conduct Water System Analysis for Existing, 2005, 2010, 2020 and Buildout
Conditions
A. Distribute Demands in H2ONet Model - Distribute demands for average day,
maximum day, and peak hour operating conditions for existing, 2005, 2010, 2020,
and Buildout planning conditions using TSZ data.
B. Coordinate with Other Consultants on Existing,On-going Water Projects - Collect
data from City and other consultants about on-going water system improvements
including size, locations and project schedule.
C. Perform Steady State Modeling - Conduct steady state modeling of existing
system for average day, maximum day, peak hour and fire flow operating
conditions.
D. Perform Extended Period Modeling - Conduct 48-hour extended period
simulation of existing system to evaluate and to determine storage needs within
the existing system.
E. Perform Water Age Modeling—Conduct 5 to 7-day extended period simulation of
existing system to determine water age throughout the system and identify longest
travel time for each pressure plane.
F. Identify Hydraulic Deficiencies - Determine deficiencies in system based on low
and high system pressures, and areas with excessive headloss.
G. Conduct Fire Flow Analysis — Utilize water system model to conduct fire flow
analysis for each Pressure Planes to identify areas with less than 1,500 gpm fire
flow capacity. Fire flow analysis will be compared and adjusted to match hydrant
flow testing results.
H. Evaluate Pressure Plane Delineation - Analyze delineation between each Pressure
Planes based on modeling results, field testing data and water treatment locations.
Identify specific areas with low pressures at normal operating conditions.
A-1.6
I. Utilize H2ONet Adviser Module to Evaluate System Reliability - Use H2ONet
Adviser Module to determine reliability of existing system. Water supply to each
of the Pressure Planes will be evaluated if a large transmission main is closed
simulating pipeline failure.
J. Determine Sizing of System Improvements - Determine water system
transmission, storage and pumping facilities needed to serve 2020 and buildout
demands throughout service area boundary. FNI will evaluate need and phasing
of water 'system improvements to serve Walsh Ranch Development. Develop
water system maps showing proposed improvements for both demand conditions.
K. Utilize H2ONET model to Evaluate Water Distribution Back-Up Alternatives to
Each Pressure Plane- Utilize H2ONET model to determine if each pressure plane
can be supplied average day water demands from secondary water supply source,
i.e. Utilize Rolling Hills and Eagle Mountain WTP to meet average day water
demands in Holly Pressure Plane.
L. Determine In-Service Dates of System Improvements - Use interim models (2005
and 2010) to determine phasing of system improvements. Phased improvements
will be determined by water demand projections and development of new water
supply sources or pressure planes.
V1I. Water Supply Planning
A. Evaluate Raw Water Availability — Review existing water rights and raw water
supplies and prepare memorandum outlining raw water availability for future
WTP alternatives.
B. Evaluate Raw Water Supply Alternatives for New Westside WTP — Evaluate up
to 4 raw water supply alternatives for Westside Treatment Facilities including:
1. Utilization of Brazos River water,
2. Development of supply off of the TRWD's Benbrook Connection System,
3. Raw water supply requirements for a TRVJD West Loop Pipeline,
4. Interim use of raw water supplies through Weatherford 36" Supply Line
C. Evaluate Raw Water Infrastructure Capacities through Year 2020 — Review
existing total and firm raw water supplies for mild & severe drought conditions to
each existing water treatment plant and recommend raw water supply
improvements with costs and in-service dates to meet projected water treatment
expansions needed through the year 2020.
A-1.7
D. Power Supply — Review conceptual power supply requirements including
probable power supplier(s), constraints, costs, and issues for power supply to each
raw water supply facility.
E. Permitting — Review general permitting requirements, and impacts on schedule
and costs for each raw water supply facility.
VIII. Water Treatment Planning
A. Water Quality Data Anal —Obtain and review available water quality data for
potential water sources supporting new west and southwest water treatment
plant(s) including evaluation of the emergency Brazos water supply.
B. Plant Siting — Review alternatives for siting two water treatment plants to serve
the West and Southwest areas. Siting factors to be considered include: available
land, proximity to anticipated population growth, distribution system constraints,
and emergency backup for the Holly and/or Southside pressure planes.
C. Permitting — Review permitting requirements and impacts on schedule and costs
for new water treatment plant(s): two potential plants to serve West and
Southwest areas.
D. Power Supply — Review power supply requirements including probable power
supplier(s), constraints, costs and issues associated with connection to area power
distribution lines.
F. Treatment Alternatives — Prepare analysis and cost estimates of three alternatives
for treating water on the west side of the City from potential raw water sources.
Alternatives to be considered include conventional,high-rate and membrane.
G. Commercial Water Sales —Review other municipal operations that currently treat
and sell bottled water. Prepare summary report outlining facilities required to
construct and operate bottled water facilities for new treatment facility.
H. Evaluate Future Water Treatment Expansions through Year 2020 — Review
existing water treatment capacities and recommend future water treatment
expansions with costs, and in-service dates through the year 2020.
IX. Capital Improvement Plan and Master Plan Deport
A. Identify Requirements for System Improvements - Identify whether system
improvements are necessary for growth, system reliability, or to eliminate low
pressure, and the impacts improvements will provide for water system.
A-1.8
B. Develop Capital Improvement Plan (CIP) Costs - Develop costs for each
proposed project. Costs will be in Year 2002 dollars and will include engineering
and contingencies.
C. Develop Comprehensive CIP Mapping - Develop large scale citywide map
showing proposed projects, new treatment plane location, costs, and
recommended in-service dates.
D. Prepare Comprehensive CIP of Supply, Treatment, and Distribution Projects -
Incorporate water supply, treatment and distribution projects, including in-service
dates and project costs.
E. Review Alternatives for Cost Recovery—Review the City's current cost recovery
mechanisms and alternatives, i.e. cost per acre charges, cost per linear foot of
frontage charges. Recommend cost recovery alternatives to City.
F. Prepare H20NET Operation Manual - Prepare operational manual showing water
system model file layout, model runs, field testing results, pump curves along
with water demand parameters used to input data into H20NET.
G. Conduct Model Training - Conduct model training at the City two days a week
every other week for 6 weeks on updated H20NET Models.
H. Prepare Master Plan Report - Prepare technical report summarizing modeling
data, water demand projections, water supply options, and the Capital
Improvement Plan. -
I. Prepare Detailed 11"x17" Sets of Water Distribution System Maps — prepare 10
copies of detailed ll"xIT' sets of water distribution system maps showing
existing water system as well as proposed water system improvements.
J. Deliver AutoCAD Master Plan Mapping and Modeling Files to City - After
completion of Master Plan Report, F&N will deliver to the City all modeling files
digital format and AutoCAD Master Plan Mapping in large overall system format
with Project Number, Cost and Recommended In-Service Date.
A-1.9
ATTACHMENT B
COMPENSATION AND SCHEDULE
WATER DISTRIBUTION SYSTEM MASTER PLAN
I. COMPENSATION
A. The ENGINEER shall be compensated at a cost plus with a maximum fee of$1,100,000
for Basic Services as summarized on Exhibits `B-3" and `134". Payment of the fee shall
be considered full compensation for the services described in Exhibit "A-1" for all labor,
materials, supplies, and equipment necessary to complete the project.
B. Partial payment shall be made monthly as stipulated on Exhibit B-1 upon receipt of an
invoice from the ENGINEER, prepared from the books and records of the ENGINEER.
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 Director of Engineering Department or his authorized
representative that such work has been performed.
II. SCHEDULE
A. Phase 2 — Strategic Planning, including meetings and preparation of Strategic Planning
Memorandum Report,will be completed 4 months after the "Notice to Proceed".
B. Phase 3 —Water System Model Update and GIS Integration will be completed 8 months
after the "Notice to Proceed".
C. Phase 4 — Water Usage Analysis will be completed 7 months after the "Notice to
Proceed":
D. Phase 5 — H2ONet Model Field Testing and Calibration will begin approximately 3
months after the "Notice to Proceed" and be completed approximately 6 months after
commencement.
E. Phase 6 — Water System Analysis will begin approximately 5 months after Field Testing
and Calibration and be completed 6 months after commencement.
F. Phases 7 and 8 — Water Supply and Treatment Planning will be completed 14 months
after"Notice to Proceed".
G. Phase 9 — Capital Improvement Plan and Master Plan Report will be completed 20
months after"Notice to Proceed".
B.1
EXHIBIT "B-1"
METHOD OF PAYMENT
(SUPPLEMENT TO ATTACHMENT "B")
H. METHOD OF PAYMENTS
The Engineer shall be paid in monthly partial payments as outlined below:
A. The ENGINEER shall be paid in monthly payments upon the receipt of individual
invoices for each partial payment request from the ENGINEER.
B. Partial payments shall not exceed the equivalent of 10% of the total fee, until City
approval of Exhibit A-1, Phase 2, Section F, Strategic Planning Memorandum Report.
C. Partial payments shall not exceed the equivalent to 55% of the total fee, less previous
payments, until City approval of Exhibit A-1, Phase 5, Sections A through J, Field
Testing and Calibration.
D. Partial payments shall not exceed the equivalent to 95% of the total fee, less previous
payments,until City approval of Exhibit A-1, Phase 9, Section H, Master Plan Report.
E. The balance of the fee shall be payable after delivery of Exhibit A-1, Phase 9, Section J,
AutoCAD Master Plan mapping and model files to City.
II. PROGRESS REPORT
A. The ENGINEER shall submit to the designated representative of Director of
Department of Engineering monthly progress reports covering all phases of design by
the 15th of every month in the format required by the City.
B-1.1
TAFort Worth\Fort Worth Water Study\contract\Attachment B-BI-C.doc
EXHIBIT B2
COMPENSATION
A. Not to Exceed: The total fee for Basic Services in Attachment"A"and Exhibit"A-1"shall be computed on the basis of the Schedule of Charges but
shall not exceed One Million One Hundred Thousand Dollars($1,100,000). IFFNI sees the Scope of Services changing so that Additional
Services are needed,including but not limited to those services described as Additional Services in Attachment SC,FNI will notify OWNER for OWNER's
approval before proceeding. Additional Services shall be computed base on the Schedule of Charges.
B. Schedule of Charges for Additional Work:
POSITION MIN MAX
PRINICIPAL 185.46 235.56
SENIOR CONSULTANT 87.65 266.48
MANAGER-LOCAL OFFICE 147.66 183.00
GROUP MANAGER 158.76 196.42
SR DISCIPLINE LEADER 176.47 208.87
DISCIPLINE LEADER 82.90 179.07
PROGRAM MANAGER 104.36 130A5
ENGINEER VI 110.67 181.50
ENGINEER V 103.57 156.05
ENGINEER IV 91.82 119.05
ENGINEER INTERN III 81.50 103.80
ENGINEER INTERN II 72.97 98.21
ENGINEER INTERN I 66.94 83.25
ELECTRICAL ENGINEER VI 119.14 148.93
ELECTRICAL ENGINEER V 105.36 138.28
ELECTRICAL ENGINEER IV 109.60 126.96
ELECTRICAL ENGINEER INTERN II 84.97 91.01
MECHANICAL ENGINEER VI 141.09 161.52
MECHANICAL ENGINEER IV 85.11 106.38
MECHANICAL ENGINEER INTERN I11 73.60 96.60
RESIDENT ENGINEER 115.75 151.93
SENIOR RESIDENT REPRESENTATIVE 90.11 168.68
CONSTRUCTION PHASE PROJECT MANAGER 82.07 114.74
SPECIALTY OBSERVER 79.60 104.47
SR DESIGNER 92.05 120.81
DESIGNER II 96.64 119.95
DESIGNER I 59.73 105.93
SENIOR ENGINEERING TECHNICIAN 91.57 106.83
ENGINEERING TECHNICIAN 68.54 93.82
TECHNICIAN II 57.12 80.29
TECHNICIAN I 55.16 72.98
DRAFTER 47.12 58.81
ESTIMATOR/SCHEDULER 67.79 78.57
DOCUMENT CONTROL CLERK 46.81 58.51
ENVIRONMENTAL SCIENTIST V 89.25 105.30
ENVIRONMENTAL SCIENTIST IV 71.34 89.18
ENVIRONMENTAL SCIENTIST IH 64.37 83.44
ENVIRONMENTAL SCIENTIST I 53.73 58.81
SENIOR ARCHITECT 119.10 148.88
ARCHITECT V 110.71 131.09
ARCHITECT IV 81.96 102.45
ARCHITECT III 89.45 111.82
ARCHITECT II 78.11 85.62
ARCHITECT I 62.30 72.42
HYDROLOGIST V 87.21 109.01
HYDROLOGIST IV 78.30 97.87
HYDROLOGIST 1 56.80 71.00
GEOTECHNICAL ENGINEER VI 124.60 155.75
SENIOR GEOLOGIST 89.96 112.46
WORD PROCESSING/SECRETARIAL. 46.91 54.99
OPERATIONS ANALYST 67.78 96.89
CONTRACT ADMINISTRATOR 66.90 83.63
INFORMATION SERVICES CLERK 35.24 46.14
CO-OP 24.13 48.73
The ranges and individual salaries will be adjusted annually.
RATES FOR INHOUSF.SERVICES
Computer and CAD Calcomp Plotter
PC CAD Stations $10.00 per hour Bond $2.00 per plot
PC Stations $8.00 per hour Color $3.50 per plot
VAX Computer $20.00 per hour Vellum $4.00 per plot
Mylar $10.00 per plot
Print Shop Testing Apparatus
Bluelines $0.08 per square foot Density Meter $350.00 per month
Offset and Xerox Copies $0.07 per single side copy Gas Detection $10.00 per test
Offset and Xerox Copies $0.14 per double side copy
GBC Binding(Reg.Cover) $2.00 per book
GBC Binding(Emboss.Cover) $4.00 per book
Tape Binding(Reg.Cover) $1.75 per book
Tape Binding(Emboss.Cover) $3.75 per book
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times a multiplier of 1.15.They include outside printing and reproduction expense,comunication
expense,travel,transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work,including costs
of laboratory analysis,tests,and other work required to be done by independent persons other than staff members.
FNI
cpm:A 03-31-01 OWNER
EXHIBIT "B-3"
COST SUMMARY
UPDATE OF WATER MASTER PLAN
SCOPE OF SERVICES
Ware& Multatech KADD Environ. %Total
Item Total Fee Assoc. Alphagraphics Eng. Assoc. Trainers MWBE
Project
Management $69,351 $0 $0 $0 $0 $0 0%
Strategic
Planning $87,259 $22,000 $1,000 $0 $0 $0 26.3%
Model Update $157,278 $0 $0 $33,000 $0 $0 21.0%
Water Usage
Analysis $129,779 $0 $0 $0 $0 $0 0%
Field Testing
& Calibration $64,802 $0 $0 $30,600 $0 $0 47.2%
Water System
Analysis $163,841 $0 $0 $0 $10,000 $0 6.1%
Water Supply
Planning $107,055 $0 $0 $19,800 $0 $4,500 22.7%
Water
Treatment
Planning $142,587 $0 $0 $28,600 $0 $4,500 23.2%
CIP &Master
Plan Report $178,048 $0 $7,000 $2,000 $15,000 $0 13.5%
TOTAL $1,100,000 $22,000 $8,000 $114,000 $25,000 $9,000, 16.2%
Proposed MWBE Subconsultants:
Ware &Associates—Public Relations, Strategic Planning Coordination $ 22,000
Alphagraphics—Printing, Binding & Scanning Services $ 8,000
Multatech Engineering—Power Supply Analysis, Field Testing,Training $114,000
KADD Associates—Drafting $ 25,000
Environmental Trainers, Inc.—Permitting Review $ 9,000
B-3.1
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ATTACHMENT"C"
SUPPLEMENTAL OBLIGATIONS OF ENGINEER
PROJECT NUMBER: WATER P161-531200060161140070
None
CA
TAFort Worth\Fort Worth Water Study\contract\AttachmentB-B I-C.doc
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER � LOG NAME PAGE
3/19/02 C-19013 60UPDATE 1 of 2
SUBJECT ENGINEERING AGREEMENT WITH FREESE & NICHOLS, INC. TO UPDATE THE
WATER SYSTEM MASTER PLAN
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering
agreement with Freese & Nichols, Inc. to update the Water System Master Plan for a fee not to exceed
$1,100,000.
DISCUSSION:
Periodically, the Water Department requires comprehensive planning efforts to help guide long-term
.capital improvements projects. On December 20, 1977 and. January 14, 1986, the City Council
authorized comprehensive studies of the water distribution system in order to ensure the most cost-
effective design of water distribution system improvements. These studies have provided a guide for
major capital improvements through 2001.
The recommended capital improvement projects included in the 1986 study have been followed closely
where development has occurred, however, there has been substantial growth within the water system
over the last 15 years. The average day water use alone has increased 40% since the previous study.
In addition, the service area of the Fort Worth water system has increased by 180 square miles since
the last master plan. As a result, Fort Worth has become the regional provider of water services for
most of the communities in Tarrant County.
The Water Department provides treated water throughout the City of Fort Worth and to many of the
surrounding cities in the Fort Worth metropolitan area. Planning of this nature must be performed on a
periodic basis so water system development can proceed in a cost effective manner that serves the
long term interests of the City. For this reason, the need for the Water System Master Plan Update is
identified as one of the strategic goals in the Water Department's Business Plan. The Water System
Master Plan Update Study has been identified as an impact fee eligible capital improvement plan
project in the recently completed "Water Capital Improvements Plan and Impact Fee Calculations
Study". Approximately 90% of the cost of this study is eligible to be paid through the use of impact fees.
The engineering firm of Freese & Nichols, Inc. has been selected to update the Water System Master
Plan and was selected after a comprehensive review of national and local firms with the requisite skills
to complete this type of plan.
Freese & Nichols, Inc. will define Fort Worth's ultimate service area by establishing planning area
boundaries (PAB), surveying organizations within the PAB to identify constraints and evaluate needs in
future water system development.
The engineer will analyze and update the existing water distribution system hydraulic model, and
develop various scenarios to evaluate and recommend water system improvements to serve
undeveloped and unincorporated areas within the Fort Worth Certificate of Convenience and Necessity
boundary. The engineer will base future water system improvements on future water demands under
various development scenarios for a twenty-year planning period. The Water System Master Plan will
address water system deficiencies in the existing system, as well as future growth areas.
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER � LOG NAME, PAGE
3/19/02 C-19013 60UPDATE 2 of 2�
SUBJECT ENGINEERING AGREEMENT WITH FREESE & NICHOLS, INC. TO UPDATE THE
WATER SYSTEM MASTER PLAN
As part of the study, Freese & Nichols, Inc. will develop a water system capital improvements plan with
cost estimates and implementation schedule, and identify relevant issues associated with additional
water treatment capacity/plant requirements, including permitting, schedule, cost, probable location,
raw water sources, raw water rights, raw water lines, raw water pump stations, and capacity.
Freese & Nichols, Inc. is in compliance with the City's M/WBE Ordinance by committing to 16% MIWBE
participation. The City's goal on this project is 16%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Water Capital Project Fund.
BG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Bridgette Garrett/Acting 6140
Originating Department Head:
Dale Fisseler 8207 (from) APPROVED 03/19/02
P161 531200 060161140070 $1,100,000.00
Additional Information Contact:
Dale Fisseler 8207