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HomeMy WebLinkAboutContract 20041.�'3`F' 1 ! q.� ��, �,-,, .y �_. ..� lt �: T 1 3 :�_... ��,... ; t�, � . �,,f a .•.., .. ,..,., €'� ) ��L�.�..�,� � �t��sl:}j'�s..'i �:�, ,. ..__ �, - � . . AGREEMENT FOR ENGINEERING BETWEEN THE CITY OF F'ORT WaRTH AN� FREESE AND NICHOLS FOR THE REHABILITATION OF CHLORINE AND AMMDNIA FACILITIES AT THE HDLLY WATER TR�ATM�NT PLANTS AN� SAF�TY EVRLUATI�NS �F CHLORIN� SYSTEMS AT REMOTE BOOSTER PUMP STATTONS AND WRTER STQRAGE FACILITIES TF�IS AGREEMENT made, entered into and executed by and hetween the City of Fort Worth, a municipal corporatian situated in Tarrant County, Texas; acting �y and through Rohert Terrell its duly authorized City Manager, hereinafter referred �o as "City;" and �reese and Nichols, Inc., hereir�after referred to as "Engineer," to provide en�ineering 5ervices. WITNESSETH: WHEREAS, City naw desires to proceed with the rehabi]ita�ion of chlorine and ammonia fac�lities at the Holly Water Treatment Plants and safety evaluations of chlorine systems at remote booster pump stations and wa�er starage facilities, and; WHEREAS, Engineer has available and affers to provide personnel and faci�ities necessary to perfarm engineering services for the Project, ar�d; N4W, THEREFORE, City and Engineer agree a5 follow�: . �_' � � �: � ��C����►��� � S�CTIQN T- SERVICES OF' THE ENGINEER -'' !�`-����� -. _ �' , _ The City hereby contracts with Engineer as an independent contractor, and th� Engineer hereby agrees to perform, within the professional standards norma7ly accepted in the 5tate of Texas, the professional services set aut herein in connection w�th the Project as described in Exhibit A entitled, "�escription of Project and Schedule." If, during the course o� perfarming the engineering services, G��y and Enqineer agree that it is necessary to make changes in the Projec� as described �n �he exhibit, such changes will be incorporated in the Agreement hy written amendment. SECTIaN II - SCQPE OF �NGINEERING SERVTC�S, A. BA5IC AN� SPEGIAL SERVICES Engineer agrees to perform those planned tasks described 7n �xhibit B, Scape ofi Engineering Services. lJnTess modified in writing by the parties, the respansibilities of t�te Engineer shall not exceed the service� ]isted. 1 B. ADDITTONAL SERVICES City and �ngineer agree that certain portions of the services contemplated to he performed by Engineer canno� be defined sufficiently at the time of execu�ion of this Agreement so as to be specifically included rtn the attached Exhjbit B, and t�at incidental engineering services related to th� Project and not covered in said Exhibit B may be needed during performance Of �h75 Agreement. Such categories of services shall he classified as Additional Engineering Services and shall be undertaken under the terms of written amendments to the Agreement executed by City and Engineer or inc�uded in a separate contract if the Engineer is selected to perform the Additional Engineering Services. Additional Engineering Serv�ces include, but are no� limited to those described in �xhihit B. S�CTI4N rIi d SCOPE OF CITY SERUICES City agrees to provide faciliti�s and equipment, and �a perform services in connection wit� the Praject which are particu�arly described as set for�h in EXI17�1� B. SECTION IV - AUTHORIZATI4N. PROGRESS, AHD COMPLETION The City and the Engineer agree that the project is planned to be completed in accordance with the project schedule in Exhibit A wf�ich is attached hereto and made a part hereof. The Eng�neer shall employ manpower and o�her resources and use professiona] skill and diligence to meet the schedule; however, he shall r�ot he re5pon5ibTe for schedule delays resulting from conditions beyond his contro1. With mu�ual agreement, the City and the Engineer may mod�fy the project schedule during the course of the project and if such modifiications affec� the Engineer's compensatian, it sha1] be modif�ed accordingly, su6ject to City Council approval. � For Additiona1 Engineering Services, the authorizatio� by the City sha�l be in writing and shall include the definition af the services to be provided, �ihe schedule for commencyng and eomple�ing the services and the basis for compensation therefnr, all as agreed upon by the City and Engineer. It �s understood that this agreement contemplates the fu11 and complete engineering services for this project including any ar�d all services necessary to complete the work as outlined in Exhibit B d Scope of 5ervices oth�r than Additional Engineering Services. Nathing contained herein shall be consirued as authorizing additional fees for services to provide complete 5er�vices necessary for the successful completion of this projec� other than A�ditional Engineering Services. The Engineer acknawledges �y execution of this contract E �hat suc� con�ingencies as may be deemed necessary and praper have been includ�d in �xh�bit D - Compensation. SECTIa� V - COMPENSATI4N For the services descrihed in Exhibit B which are to be per�ormed by the Engineer, the Gity agrees �o pay, and Engineer agrees to accept, campensation in accardance with the methods and schedules set forth in Exh7bit D w�ich is attached hereto and made a part hereof. Payment to the Engineer is due upon receipt of i�voice by City and ve�ification by a duly authorized representative of the City. SECTION UI - INQEMNITY Apprnval by the Owner of cantraet documents shaTl nat canstitute or be deemed to be a release of the responsibiTity and liability of the Engineer, its officers, agenis, employees and subconsultan�s, for the accuracy and compe�ency of the services performed under �his agreemen�, including but not 1imited to evaluations, reports, surveys, designs, working drawings and spec�fications, and other engineering documents. Such approval sha�l not �e deemed to be an assump�ion o� such responsibi1ity and 1iability by the City for any error, omission, defect, deficiency or negligence in t�e performance of �ngineer's prafessional services or in the preparation af the evalua�ions, reports, surveys, designs, working drawin�s and specifications or other engineering documents by the �ngineer, its officers, agents, emp]oyees and subconsultants, it being the intent of the parties tha� approval by th� City signified the City's approval of only the general design concept of the improvements to be constructed in this cannection. The Engineer shall indemnify and hold the City and all of its officers, agents, servants, and empioyees harmless from any 1oss, damage, liabil�ty or expenses, on accaunt of damage to pra�erty and inj�ries, including deatn, to any and all persans, including bu� no� limited to officers, agents or employees of the Engineer or subconsu�tants, and all other persons performing any part of the work and improvements, �hich may arise aut of any negligent act, error, or omission in the per�ormance of Engineer's prafessional services or in the preparatian of evaluating, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; the Engineer shall defend at its awn expense any suits or other proceeding5 brought against the City and its officers, agents, servants and employees or any of them on accoun� af the foregaing described negligent ac�, error or omissian, and shall pay all expenses and satisfy all judgme�ts which may be incurred by or rendered aga�nst the Ci�y, its officers, agents, servants and or any of them, in 3 connection wit� the foregoing described negl�gent act, error, or amission; provided and except however, that this indemnifTcation provision shal] not he construed as requiring the Engineer to indemnify or hold the City or any of its officers, agents, servants or employees harmless from any 7oss, damages, liabi�ity or expense, on account of damage to property or injuries ta persons caused by defects or deficiencies in design criteria and i�formation furnished Engin�er by City, or any deviatian in construction �rom Engineer's designs, working drawings, speeifications or other.�ngineering documenis. The Engineer's review firms employed by the C�ty complete respansibility fa SECTION VII � I�SURANGE of work prepared ar performed by individuals or shall not relieve thos� individuals or firms of r the adequacy of �heir work. For the duration of this Agreement, the Engineer shal� mairitain t�e following minimum puhlic liability and property damage insura�ce wh�ch shall protect the Engineer from claims fior injuries, �ncluding accidenta1 death, as wel� as from c1aims for property damage �hich may arise from thE perfarmanee of work under �his Agreemen�. The limit of liability for SUC� insurance shall be as follows: 1. Comprehensive general liab�lity insurance, inc1uding personal injury liahility, blanket contractual �iability, and braa� form prop�rty damage liability. The combined s�ngle limit for bodily injury and prop�rty damage shall he not less than $5Q0,000. 2. Automobile badi�y injury and property damage liability insurance cover�ng owned, nonowned, r�nted, and hired cars. The combined single limit for bodily i�jury and praperty damage shall �e not less than $500,000. 3. Statutory workers com�ensation and employers liab�lity insurance. 4. The Engineer shall provide Professional Liabi1ity Tns�rance in �he minimum amnunt af $1,400,000 during the period of services for this agreement. This shall includ� cav�rage af Contractually Assumed Liability to the exten� that such insurance is available to the Engineer from commercial sovrces. The Eng7neer sha11 furnish to the City a Certificate of Insurance indieating that this coverage is in effect prior to commencing work on this Agreement and shall notify �he City thirty days priar ta cancel1atian ar change in this insurance. � SECTTQN VIII � S�BCQNTRACTS Engineer shail be entStled, to the extent determined appropriate by the Engineer, to subcontract any portion of the services to be performed by Engineer under th�s Agreement. SECTION IX - ASSIGNMENT This Agreement fs binding on the par�ies hereto. This Agreement is not the Engineer withnut the prior writt�n heirs, successors, and a�signs of the �o be assigned by either the C7iy or consent of the o�her. S�CTIQN X - INTEGRATION This Agreement represen�s the entire unders�anding of the City and Engineer as to those matters contained herein. No prior oral or written unders�anding shall be of any force or effect with respect �o those �atters covered hereunder. ihis Agreement may not be modified or altered except in writing, signed by both parties. SEGTTON XI - JURISDICTION This Agreement shall be administered and interpreted under the Taws of the State of Texas. Venue of litigation arising from this Agreement sha71 be in Fort Worth' Tarrant County� Texas. If any part o� this Agreement is found to be in conflict with applicable iaw5, such part shal� be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shail be in full fiarce and �ffect. SECTIQN XII � INUEPENQENT CONTRACTOR �ngineer s�all perfarm services hereunder as an indepe�dent contrac�or, and not as an officer, servant or employee of the Ci�y and Engineer shall have the exclusive right to control services p�rfarmed hereunder by Engineer, and all persons perfiorming same, and s�a11 be responsible for the negligent acts and omissions of ��s officers, agents, employees, and subcansultants. Nothing herewith shall be construed as creating a partners�ip or join� v�nture between the City and Engineer, �ts officers, agents, employees and subconsultants; and the doctrine of respanden� superior has no application as between the City and th� �ngine�r. 5 SECTION XIII � CITY'S P�OJECT 4FFICER The City's Praject O�ficer shall act for the City and shall be identified in wr�ti�g at the time the authorization to proceed is issued, SECTION XIV - S�SPE�SI�N OF S�RVICES The City may suspend, in writing, all or a portion of the services provided under this Agreement in the event unforese�n circumstances beyond the control af the City make normal progress in the perfarmance of the services impossible. The Engineer may request �hat �he services be suspended by no�ifying the City, in writing, of circumstanees whieh are interfering with normal progress of the services. The �ime for completion of the services shall be extended by the number af days the services �re suspended. Tn the event that the period of suspension exceeds 90 days, the terms of this Agreement are subject �o renegotiation and both parties are granted the option to t�rminate services on the suspended portion of the project in accordance with Article XV. SECTTON XV � TERMINA�ION OF SERVIC�S The Ci�y may t�rminate all ar a portion afi the serv�ces covered by this Agreement for its convenience. Either the City or the Engineer may terminate services in the event �he other party fails to perform in accordance with the provisions af this Agreement. Termination of this Agreement is accomplished by 15 days prior written notice from the party initiating termination to the other. Notice of �erm�nation shall be delivered by certi�ied mail with receipt for delivery returned to �he sender. In the event of �ermination, the Engineer 5ha11 perform such additional services as neeessary for the orderly filing of documents and closing Qf the project. The addi�ional time for fiiing and closing shall not exceed IO pereent of the totai time expended on the terminated portian of the �ro�ect and in any event shall be not less �han 30 nor mor� �han b0 days prior to the effec�ive date �f termination. Engineer shall be ca�pensated for the terminated port�on of �he services on the ha5is of services actually performed prior to the effective date o� termina�ion p�us the services required for filing and closing. Charges for the ]atter services are subject to the time limitatian describ�d in this Article. 6 SECTIUN XVi � ENGINE�R'S PROJECT OFFICER The Engineer's Project Officer, who s�all be empowered to act for �he Engineer in accordance with this Agreement in all matters relating �o �he technical administration of services ta be provided, shall be the Engineer's duly appointed Principal�indCharge. .The Engineer shall identify the Principal-in�Charge to the Qwn�r in writing. SECTION XVII � RIGHT TO AUDIT Engineer agrees that the City sha]1, until the expiration of three (3) y�ars afiter final payment under this contract, have access to and �he right to examine and photocopy any directly pertinent books, documents, papers and record of the Engineer involving transactians relating to this contract. Engineer agrees that the City shall have access during normal working hours ta all necessary Engineer facili�ies and shall be pravided adequate and appropriate work spaee in order �o conduct audits in comp1iance with the provisions of this section. The City shal] give �ngineer reasonable advance notice of intended audits. Engineer further agrees to include i� a11 its subconsultant agreements hereunder a provision �o ihe effect �hat the su6consu1tant agrees that the Ci�y shall, unti7 the expiration of three (3) years afiter final payment under the subcontract, have acces5 to and the right to examine and photocopy any directly pertinent books, documents, papers and records af such su�consultant, invo�vi�g �ransactions to,the subcontraet, and further, that the City 5ha11 hav� access during normal warking hours to a11 subco�sultant facilities, and shal� he provided adequate and appropriate work space, in order ta conduct audits in comp�iance with the pro�isions of this article, City shall give subconsultant reasonable advance no�ice of intended audits. Engineer and sub�onsuliant agree to �hotocopy such doc�ments as may he r�quested by the City. The Ci�y agrees to reimhurse Engineer for the cost of copies as fallows: 1. 50 capies and under � 10 cents per page Z. Mare tha� 50 copies d 85 cents for the first page plus fifteen ce�ts for each page thereafter. S�CTIO� XVIII � DBE GOALS The Engineer acknowledges his commitrtent to meet the City of Fort Wor�h's goals for disadvantaged business enterprise (�BE} participation in City contracts, as specified in his proposal. 4BE participat7on was par� of t�e 7 evaluation criteria used in the award of this contract, therefore, failure to comply may resu1t in a bidder being classified as an irresponsible consultant and being barred City work for-a period of not less than six months. The Engin�er agrees to furnish documentation of DB� participation such as canceled checks, etc. or such evidence as may be deemed proper by the City of Fort Wa��h. � SECTION XTX - VENUE Venue of any sui� or cau5e of action under this con�rac� shall lie in 7arrant County, Texas. � SECTION XX � AGE In accordance with ihe policy ("POLiCY") of the �xecutive Branch of the �edera1 Government, Engineer covenants that neither it nor any of �ts officers, members, agents, employees, pragram participants ar subconsultant5, while.engaged in performing this cantract, sha11, in connect�on with the employment, advancement of discharge of em�loyees or in connection wit� the terms, conditions, ar privileges ar their emp1oyment, discrim��ate aga9nst persons because of their age except on the basis of a bona fide occupational qua1ification, retirement plan or statutory re�uirem�nt. Engineer further covenants that neither it nor its officers, members, agents, employees, subconsultan�s, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisemen� far employees to wark an this cantract, a maximum age �imit for suc� employment unless the specified maximum age limit is based up.on a bona fide occupa��o�al quaTification, ret�rement p�an or statutory requirement. Engineer warrants 7t W7�� �U��y comply wi�h the palicy and wil� defend, �ndemnify and ho1d City harmless against any claims or allegations asser�ed by third parties or s�bconsultants against City ar�sing ou� af Engineer andjor its� subcansUltant's a�leged fiai�ure to comply with the above referenced policy concerning age discriminatio� in the performance of this agreement. S�CTI�N XXI � DISABTLITY In accordance with the provisions of the Americans with Disabili��es of 199� ("ADR"), Engineer warrants that it and any and ail o� its su�consultants will not u�lawfully discriminate an the basis of disability the provision of services to the general pub1ic, nor in the availabi�ity, terms, andJar conditions of employment for app]icants for employment with, employees o� Engineer or any pf its subcansultants. Engineer warrants it Act in or wiil : fully camply with ADA's provisions and any other applicable fiederal, state and local �aws concerning disabili�y and will defend, indemnify and hald City harmless aga�nst any claims or ailegations asserted by thir� partie5 or 5��consultants against City arising out af Engineer and/ar its subconsuTtant's alleged failure to c�mply wi�h the abowe referenced laws concerning disability discrimination in the performance of �his Agreement, S�CTIaN XKII W EXHIBITS The failowing exhibits are made a part of this Agreement: �xhibit A� Description of Praject and ��hedu1e Exhibi� B� Scope of Engineering 5ervices Exhibit C d Special Services Exhibit D � Compensa�ion Exhibit E� Schedu1e af Charges � Special and Addit7onal Services. 9 iN �ESTrM4NY WHEREO�, the City af Fort Worth has caused this instrument to be signed in triplicate in its name and on its hehalf, by i�s City Manager and attested by its City Secretary, wi�h the Corporate Seal affixed; and the Engineer also has properly executed this instrument in triplica�e copies each of which is deemed an original. EXECUT�D in the City of Fort War�h, A.D., 1993. � ATT� : _ . �� . �Y � ��',[ T " � �,. _ lice M. ch City Sec� ary � ApPR��ED AS TQ FORM AN LEGALITY: $ ' � Assistan ity Attorney Date : /�/ �` �/� � thi s � day ofi����, , 0 � ITY RT 0 T . r �y. �R bert Terre Ci�y Manager � _ t _. �G�;x��,�:°�.;;�€; �1.�.T.,�'�ti:c�:iiation --- - ...�. � �� � :,.�: � 1�z?�,'J FREESE AN.� NICHOLS, I�dC. npy{ /-. r✓ � �. � _� 1 .�> > J�imes I�. Ni chol s " Chairman Da�e; � J � �`1 `1� f:17� i�►L1�� B y : \._ / f GGU��c--1,t� _ ��� Richard W. Sawey, bir cto Water Department Date: I �1�5 �`]� ! 10 ApP�OVED �Y CITY COUNCIL: sy: City Secretary Da�te: EXHIBIT A DESCRIPTTON OF PRO��CT AND SCHEDULE T�is project consists of the prelim�nary and final design and related services to assist the City of Fort Worth in implementing rtmprovements to the North and South Holly Water•Treatment Plant's disinfec�ion systems. This agreemeni consists of the services required fflr the design and preparation of construction eontract documents for the improve�ents. The construction phase engineering will be provided for under a separate agreement. The overatl �roject sha11 consist of the follawing i�ems: 1. Preparation of cons�ruction contract documents for renovations ta the chlorina�ion buildings at the South and North Holly Water Treatment Plan�s. The existing chlorinators and evaporators are to be replaced with new chlorinators and evaporators, a�d a new chlorine vacuum sys�em wi1T replaee the ex�sting ch1orine �ressure gas feed system. The �xisting chlorination buildings are ta be renova�ed ta conform to the City of Fort Worth �ire code provisions in compliance with the Uniform Fire Code (UFC) requiremen�s for chlorine facilit�es and comply with Americans with Disabilities Act (ADA). The UFC modificaiions shall include renovatians to the buildings for ventilation system�, gas serubbers, emergency power, alarm and detection systems, starage �ank con�ainment and spill eontrol measures, fire sprink�er or fire contral systems, safety Sy5�2�5 for gas detectors, smoke and f�re alarms,. and temperature ca�trols. The interior �on cylinder �torage areas shall he isolated and protecte� �n accordance with UFC requiremen�5. The outside storage areas shall be relacated ta 75 fee� away from any structure or a two hour fire resistive barrier constructed. The storage areas shall he modified to meet containmen� requirements of the UFC. 2. �repara�ion of construction contract documen�s for renavations to �he ammonia feed �acilities for �he North and Sou�h Holly Water Treatment Plants. The existing ammonatars and evaporators are �o he replaced with new units. T�e existing ammonia buildings shall �e renovated to conform with the City ofi Fort Warth Fire Cade prov�sians in compliance with the UFC requiremen�s, as descrihed for the chlarination system �ncluding explosion ratin� requirements �or ammonia gas facilities and ADA requirements. 3. Preparation of construc�ion contract documents for a SCADA interface contro1s system to confor� with �afe Drinking Water Act CT disinfection requirements for both the Sauth and �orth Holly Water Treaime�t Plants. The design shall include chlorine and ammonia control and monitoring systems interfaced with the plant's SCApA system. City of �or� Worth Exhibit A Page � of 4 4. Prepare a written report on Safety Evaluation of Chlorination 5ys�ems at the following remote booster pump stations and water storage facilities with c�lorination: B4057ER PUMP STATIONS a. Alta Mesa, 4328 Alta Mesa b. Cantrell-Sansom, 160Q Cantrell-Sansom Road c. C1ear Fork, 14�1 Qld University Road d. Como, 5920 Blackmore Avenue e. Eastside, 2511 Avenue "B" f. Edwards Ranch, 3207 Qverton Park, W. g. Eighth Rvenue, 2255 8th Rvenue h. Fleetwood, 152a1 F.A.A. Boulevard i. �enkins Heights,. 6111 Shady flell Drive j. N. Beach, 4600 Ray White Road k. Northside, 2710 Rosen Avenue 1. Randol Mill, 6401 Bridge Street m. Russom Ranch, 5301 Woodway La�e n. Southside Reservoir, 3750 Gordon Avenue o. Stagecaach Road, 8608 W. Freeway p. WeStside, 3731 Camp Bowie Boulevard RES�RUOIRS ANQ TANKS WIiH CHLORINATION a. Cay1or Road Reservoir, 13a0 Caylor Road North b. Fleetwond Reservoir, 152a1 F.A.A. Boulevard c. Stagecoach Reservoir, ssao w. Freeway (IH�30) d. Westland Reservoir, Basset �ocke Drive & Dorfan Stree� e. Sun Country, �8U0 Stuart Phelps Road The Sa�ety Evaluation shal� include canfiarmance evaluation with the follawing regulations: 1. Texas Administrative Code {TAC�. Sectian 290.43fci(5).(6). and �., which reiates �o housing requirements for gas chlorination equipment and cylinders. 2. Uniform Fire Code (U�C1. 5ection 80.303, which relates to housing requirements far toxic and highly toxic compressed gasses. 3. Americans with Disabilities Act of 1990 �ADA]. Tit1e TI, which applies when alteratians are made to ex�s�ing facilities owned by public entities. 5. Prepare a wri��en rep�rt for evaluat�on of the chlorine and ammonia fiacilities at the Rolling Wills Wa�er Treatment Plant. The report Ci�y of Far� �orth Exhibit A Page 2 �f 4 will include the eva�uation of storage facilitie5, chlor7ne and ammania �eed equipment, and analys�s of the chlorine injection water system, � monitoring and cantrol �quipm�nt. The report will present recommendations for system comp�iance with t�e Texas Natura� Resource Conservation Commission require�ents, an implementation schedule and an opin7an of probable cons�ruction costs. SC��DU�� The Scope of Services �or �his assignmen� is based on the to�lowing schedule: �. H4��Y Cb�OR��� AN� �MMON�A �AC������5 R��A�Y���A�Y�N ��EWT COMPL�i�ON �Ai� CALENDAR DATE IS AFTER AUTNO���AT�OH TO PROC��Q �ngineer conducts qualiiy review at 20% 1eve1 Engineer 5uhmits preliminary Design Repor� Owner cample�es review of preliminary Design Repor� �ngineer canducts quality review at SQ% level Engineer submits 990 level Contract Documents far Owner's review Owner comp1etes rev7ew of 99% submittal Engineer submits fina1 Contract Doc�aments Submission of Plans and Specifications ta Texas Water Commissian 60 90 115 160 175 190 205 215 N4. D� COPY�S 1� 10 10 3 Ci�y of Fort Worth Exhibi� A Page 3 of 4 ��. SA��TY ��ALU�TIO� 0� CbLOR�N� SYS���S Ai ��MOT� P�MP SiAiY4WS AN� WAi�� S�O�A�� �AC��ITi�S Submit preliminary repor� 45 10 Owner completes preliminary report fi0 review Su�mit final report � 90 10 �YY. ��PD�i ON �VA�UAT�O� 0� CH�ORa�� A�D �MMOtiIA �AC�LY�Y�S A� RQLLYNG H�LLS WAT�� TR�ATT+I�NT �LAN� Submit preiiminary report 90 10 Owner completes preliminary repart 60 review Submit final report �20 10 City of Fort Worth Exh�bit A Page 4 af 4 EXHIBIT B SCOPE OF EN�TN��RIN� SERVICES This Exhibit describes the services the �ngineer wiil provide. The service� are far the Design Phase only, and do not include the Constructian Phase Services. The design serviCes shall be compTeted upon recommendations for award of contract. The follaw�ng is the detailed Scope of Services far the Project. A. Prenaration of Plans and 5pecificatian: Wark under thi5 phase shall consis� of the preparations of construction p]ans and specificat�ons for �he folTowing: 1. Preparation of construction contraet documents for renovations to �he chlorination huildings a� the South and North Holly Water 7reatment Plants. The existing chlorinators and evaporators are to be r�placed with new chlorinators and evaparators, and a new chlorine vacuum system will replace the existing chlorine pressure gas feed system. The existi�g chlorination buildi�gs ara to be renovated to conform to the City of Fort �orth fire cade provisions in compliance with the Uniform Fire Code (UFC) requirements for chlorine faciliti�s and comply with Americans with Disabilities Rct (ADA). The UFC modifications shall include renova�ions to �he �uild�ngs for ventila�ion systems, gas scrubbers, emergency power, alarm and detect�on systems, storage tank containment and spi13 con�rol measures, fire sprinkler or fire control systems, safety systems for gas de�ectors, smake and fire alarms, and temperature controls. The interior �on cylinder storage areas shall be isolated and protected in accordance with UFC requirements. The outside storage areas shall be relocated ta 75 feet away from any structure ar a two hour fire resistive barrier constructed. The storage areas s�all be modifiQd to meet containment requirements of.the UFC. 2. Preparat7on of constructian contract documents for renovatians ta the ammonia feed faci1ities �or the Nor�h and South Holly Water Treatment Plants. The existing ammanators and evaporators are to be replaced with new uni�s. The exi�ting ammonia buildings sha11 be renavated to canform with the City of Fort Worth Fire Code provisians in compliance with the �FC requirements, as described Ci�y o� Fort Wort� Exhibit 8 Page 1 0� 5 for the ch1orination system including ex�1osion rating requirements far ammonia gas fdCl�lt1�5 and comply with ADA requirements. 3. Preparation of construction contract dacuments for a SCAaA interface conirol system to conform with Safe Drinking Water Act GT disinfiection requirements far bath �he 5outh and North Holly Water Treatment PlantS. The design shall include chlarine and ammonia control and monitoring interface with ihe p1ant's SCAUA systems. 4o Prepare a wri�ten repar� on Safety Evajuation o� Chlorination Systems at the follawing remote baoster pump sta�ions and water storage facilities wi�h chlorination: B�OSTER PUMP STATI0�5 a. Rl�a Mesa, �328 Alta MeSa b. Cantrell-Sansom, 160� Cantrell-SanSom Road c. Clear Fork, 1401 D1d �niversity Road d. Coma, 5920 Blackmore Avenue e. �astside, 2511 Avenue "B" f. Edwards Ranch, 3207 Overton Park, W. g. Eighth Avenue, 22�5 8�h Avenue h. Fleetwood, 15201 F.A.A. Boulevard i. �enkins Heights, 6�11 Shady �ell Drive j. N. Beach, 4600 Ray White Raad k. Northside, 2710 Rasen Avenue 1. Randol Mill, 6401 8ridge Street m. Russom Ranch, 53p1 Woodway Lane n. Southside Reservair, 3750 �ordon Avenue o. Stagecoach Road, SbU8 W. Freeway p. Westside, 3731 Camp Bowie Bouleuard RESERVOIRS AND TANKS WITH CHLORINATION a. Caylor Road Reservoir, 130U Cay1or Road North b. �leetwood Reservoir, 152U1 F.A.A. Boulevard c. Stagecoach Reservoir, 8800 W. Freeway {IH�3�} d. Westland Reservoir, Basset Lacke Drive & Darfan Street e. 5un Country, 5800 5tuart Phelps Road The Safety Evaluation sha11 include conformance eva1uation wi�h the fo�lowing regulations: City of Fort Wort� Exhibit B �age Z of 5 1. Texas Administrative Code (TAC). Section 290.43�c1l5].(6). an� (7), which rela�es to housing requirements for gas chlorination equipment and cylinders. 2. Uniform �ire Code (UFC). Section 80.3b3, which relates to housing requiremen�s for toxic and highly toxic campressed gasses. 3. Americans with Disahilities Act of 1990 (ADA�. Title Ii, which appZies when altera�ions are made ta existing facilities owned hy public entities. Provide ten {14�, sets of the drafit report to the City for review. Provide ten {10) copies of the final report for the City fiiles. 5. Prepare a written report far evaluatian of the ch1orine and ammonia facilities at the Rolling Hil�s Water Treatment P1ant. The repori will �nclude �he eva1uation of starage facilities, chlor7ne and ammonia teed equipment, and analysis of the chlorine injeetion water system, monitoring and can�rol equipment. The report will presenfi recammendations for system compliance with �he Texas Natural Resource Canservation �ommission requireme�ts, an implementation schedu1e and an opinion of probable cons�ruction costs. Provide ten (10) sets ofi the �raft repflrt to the City �or review, Provide ten {10� copies of the finaT report for City files. S. Survevinq: �stablish hor�zontal and vertical control lines and bench marks for use ih the design of the improvemants. C. Preliminary Desiqn Report: Prepare a pre�iminary design report w�ic� sets forth de5ign criteria, presents preliminary layout drawings of the iroprovemenis and develop opinians of probable construction costs. Provide ten (10} seis af the draf� report to the City for review. Pravide ten (10) copies of the fina1 repor� for the City files. D. Cons�ruction Plans and Specifications: �rovide ten (10) sets of the construction plans and speci�ications for the Ci�y's 99% rev�ew. Provide ten �lOj sets of the final construction City af Fort Worth �xhibit B Page 3 af 5 p�ans and spec�ifications for City files. Provide requ�red bidding sets at repra�uction costs established by the Engineere Cost for repraduction shal1 b� inc�uded in purchase price of bidding documents. E. Advertisement and Contract Award: The Engineer will assist the Owner in �he advertisement af the construction contrac�, and will prepare a letter of recommendat�on of award of contrac�. The engineering services dur�ng advertisement wi11 consist of mailing the Notice to Bidders, conducting one (1) pre-bid co�ference, interpreting the plans and specifications, preparing necessary addendum, and reviewing the bid s�bmittals. F. Items �ot Included in the Scone of Engineerin4 Services: Addi�ional.Eng�neering Services to he performed by the Engineer, if autharized by the City, which are not included in the above described basic servic�s, are described a5 follows: lo Investigations involving detai1ed consideratian of ap�ration, - maintenance and�overhead expenses, and the preparation of rate schedules, earnings and expense s�atements, feasibi1ity studies, appraisals, evaluations, ass�ssmeni schedules, and material audits or inventories required for certification of force acc�unt construction p�rformed hy �he City. 2. Making necessary prop�rty, boundary, and right-of-way surveys, preparation of easement and deed de�cr7ptions, �ncluding titTe search and examination of deed records. 3. Appearing before regulatory agencies or caur�s as an expert witness in any litigation with third parties or condemnatian proceedings arising from the dev�lapm�nt or cans�ruction of the Project, including the preparatian af engineering data and reparts for assis�ance to the City, 4. Preparation of detailed formal permit applicationso 5. providing general environmental support services inc1uding the design and imp]ementation of ecologica� baseline studies, environmenta1 mnnitnring, impact assessment and analyses, � permi�ting assistance, and other assistance required to address environmental issues, except as provided in �his agreement. Ci ty of Fort Wortf� Exhi bi � B Page 4 of 5 6. Provide technical specifications for cons�ruction which are in the City's format. 7. Provide ar�ist conceptual drawings of the Project. 8. Provide geotechnical soils engineering services and investigations. Ci�y of Fort Worth Exhibit B Page 5 of 5 �XHIBIT C SPECIAL SERVICES A. 5pecial Services during Design Phase Preparat�on of applications and supporting documents {in addition to those furnished under Basic Services} for private or governmenta1 grants, loans or advances in connection with the Praject; preparation or review of enviranmental ass�ssmen�s and impact statements; and review and evaluation o� the effect on the design requirements of the Project of any such statements and documents prepared by others. Services resulting fro� significant changes in the genera1 scope, extent or character of the Project or its design including, but not limited to, changes 7n size, complexity, City's sc�edule, character of construction or met�ad of fi�anci�g; and revising previously accepted studies, reports design documents or Contract Documents �hen such revisions are required by changes in laws, rules, regulations, ord�nance5, codes or orders enacted subsequent to �he preparation af such studies, reports or documents, or are due to any o�her causes beyond Engineer's control. Providing physical mode�s for City's use. Inves�igations and studies involving, but no� limited to, praviding geotechnical engineering services, value engineering during the course of design; the preparation of feasibility studies, cash flow and economic eva�uations, rate schedules and appraisa1s; assistance in abtaining financing for the Project; evaluating process�s available for licensing and assisting Ci�y in obta�ning process licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connec�ion with construction performed by Ci�y. Assistance in connection with �id pratests, rebidding or renegotiating contracts for construction, maierials, equipment or service. Preparing to serve or serving as a consultant or witness for City in any l�tigation, arbitratian or other legal proceeding involving the Project. Additional serv�ces iri connection with the Project, including services wh�ch are to be furnished by City in accordance with Section III, services d�scribed in Exhibit B, a�d serviees not otherwise provided for in t�is Agreement. City of Fort Warth �xhibit C Page � o� 1 EXHIBIT D COMP��SA�YON Campensatian to the Engineer will be made as follows: A. �as�c �n�in��ring Servi�es Compensation fior Basic S�rvices provided under Ex�ibit B shall be in accordance with the methods in this exhibit and t�e specific amounts as 5et for�h herein. Campensation for the �asic Eng�neering Services shall be on the basis of a Cos� Plus a Fixed Fee .{CPF�) as fo1lows: 1, Salary Costs Salary costs are the amount of wagas or salaries paid the Engineer's emplayees for work direetly performed on a Project plus a percentage applied to all such wages or sala�ies to cover fringe benefits and plus a percentage to cover general and administrative costs. Salary costs shal] be defined as an amount based upon the actual direct salarie� plus a factor of i.4774 times the ac�ual direct salary to cover dir�ct �mployee benefits and general administrative overhead. "Actua1 Direct 5alarieS" shall be defined as the actual wages paid io the project manager, planner, surveyor�, engineers, drafters, technicians, other professionals, clerks, etc., for the time directly charg�able to the praject. The direct employee benefits and general and adm�nistrative rate is ad�ustQd annual1y. 2. Subcantract Costs Subcantract costs are the costs pa�d by the Engineer �o other independent consultants perform�ng a pariion of the projec�(s) plus a percentage of 15o to cov�r the Engineer's 7iabi�ity insurance costs and other indirect business expenses. 3. Direct �xpense Direct ExpenSes are thase casts incurred on or �irectly for t�e Project including, but not limited to, necessary transportaiion costs, including current rates for the Engineer's vehicles, mea�s City af Fort Worth Exhi bi t D Page 1 of 5 and lodging, la�oratory tests and analys�s, computer services� word proc�ssing services, telephon�, pr�nting, binding and reproduction charges, and other similar C05�5. Reimbur5ement pirect �xpenses will be on the basis of actual charges times a multiplier of 1.15 when furnished by commercial sources and on basis of inhnuse rates when furnished by �he Engin�er. Rates for Inhouse 5ervices L� 5. Cam�ut�r �n� CA� PC CAD Stations Interpro PC Station5 VAX Computer C�lcorop Plo��er �ond Co]or Ve�lum �ylar �rqn� Shop Bluelines Offset and Xerox Copies pffset and Xerax Gopies GBC Binding (Regular Cover) GBG Binding (Embass. Cover} Tape Binding (Regular Cover) Tape Binding (Emboss. Cover) Fixed Fee $10.00 per connect hour $12.�0 per connect hour $ 8.00 per connect hour $20.00 per connec� hour $ 2.00 per plot $ 3.50 per pZot $ 4a04 per plot $10.0U p�r pTot $ $ $ $ $ $ $ for the 0.07 per square foot 0.07 per single sid� copy 0.14 per doubie side copy 2.00 per book 4.40 per book 1.75 per book 3.75 per book The City agrees to pay the Eng�neer a Fixed Fee over and above t�e Engineer's costs de5cribed abave to provide far Engineer's profit, return-on�investment and other business considerations relate� �o performing the project�s) on behaif of the City. This Agreement establish�s the amount of Fixed Fee for the scope of services for this praject(s} and may not be increased or decreased except by mutual written consent of bo�h parties in the for� o� a contract amendment. Budgetary Rmoun� A budgeting amount for the Basic Services set fort� in �xhibit B is hereby estimated be1aw. It is also understood tha� the cos� Ci�y of Fort Worth Exhibit D Page 2 of 5 at any time i� appears that the cost budget may be exceeded, �he Engineer shall notifiy the City as soon a possible in wr�ting. If there is a scope change, the Engineer sha11 natify th� Ci�y as soon as possible in writing and sha11 include a revised scope of service�, estimated cost, fixed fee, a�d a revised tiroe of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fixed fee, and tatal budget wiil be adjusted accordingly. City shall not be obligated to reimburse �he Engineer for costs incurred in excess af the cost budget. The Engineer shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the City has notifiied the Engineer in writing that the tata� budget for engineering services has been increase� and shall have specified in such notice a revrsed total budget which shall ther�upon constitut� a to�al budge� for engineering services for performance under this Agreement. A detai�ed scope of work, total hudget, and schedule will be prepared by the E�gineer and executed by �he City i� the Engineer is authorized to perform any Additional Service. P�YM��� Payments to �he Engineer will be made as foTlows: A. indoice �nd Time of Pay�en� Monthly invoices will be issued by the �ngineer for all wark performed under �his Agreement. I�voices are due and payab]e on receipt. Invoices wi�l be prepared in a format and approved by the City prior to submissian of �he firs� man�hly invoice. Once approved, the City agrees not to require changes in the invaice format, but reserves t�e righ� to audit, The invoice wiZl also incTude the amoun� of Fixed Fee to be paid. Fixed fee will be calculated in the same pr�portion that cost incurred is to cost budget, Upan completion of s�rvice� enumerated in Exhibit B, the final payment of any balance wil� he due upon receipt o� the fiinal invoice. City of Fart �orth Exhib�t p Page 4.of 5 �. Yn�er�s� Interest at the rate of 1.0 perc�nt per month, or �hat permitted by law �f lesser, wi11 be charged on all past�due amounts starting 30 days after date of invaice. Payments wi�l �irst be credited of interest and then to principalo In the event of a dispute of contested billi�ng, only that portion so contested wi�l be wi�hheld from paymeni, and the undisputed portion will be paid. Th� City will exercise reasonableness in contesting any bill or partion thereof. No interest will accrue on any contested portion of t�e billing unt71 mutualiy resolved. If the City fails to make paymen� in fu11 to Engineer for service5 within 6Q days of the amount due, the Engineer may, after giving i days' writte� notice �o City, suspend services under this Agreement unti� paid in full, including interest. In the event of suspensian of services, t�e Engineer shall have na liabi1ity to City for delays or damages caused by the City because of such suspension of services. C7ty of Fort Worth Exhibi� � Pa�e 5 of 5 EXHIBIT E SCH����� A� CHA�G�S SPECIAL AND AUDITIONAL SERVICES Staff Member Resident Re�resentative �alary Cost Times Mu7tiplier of 2.3 5alary Cost Times Multiplier of 2.0 Salary Cost 75 defined as the cost of payro1l of engineers, draftsmen, stenogra�hers, surveymen, clerks, laborers, etc., for the time directly c�argeable to the project, plus socia1 securi�y eontribu�ions, unemployment compensa�ion insurance, retiremen� benefits, medical and insurance benefits, longevity payments, sick leave, vacatian and holiday pay applycable t�ereto. (Salary Cost is equal to 1.48 times payroll. This �actor i� adjusted annual�y.) Other Direct Ex�enses Actual Cost Times Multiplier of 1.15 Other dir�ct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fart Worth and other miscellaneous expenses directly related to the work, includ�ng costs of 1aboratory analysis, test, and other work required �o be done by �ndependent persons other than staff inembers. Rates for Inhouse Services Ca��u�er �nd CA� PC CAD Stations Interpro PC Stat�ons VAX Computer $1Q.U0 per connect hour $12.5� per connect hour $ 8.00 per connect haur $20.00 per conr�eci hour Prynx Shop Bluelines af�set and Xerox Copies 4ffset and Xerox Copies GBC Binding {Regular Cover) GBC Binding (Emboss, Cover) Tape Binding (Regular Cover) Tape Binding (Emboss. Cover) $ 0.07 � o.a� $ U,I4 � z.ao $ 4.U0 $ 1.75 $ 3.7� C�lco�� �lo��er Bond Color Vellum Mylar . per square per single per double per book per book per book per book $ 2,U0 per p]ot $ 3.50 per plot $ 4.a0 per plat $10.00 per plot foot side copy si�e copy 9-7-93 budgets are based upon Engineer's best estima�� ofi work and level of ef�art required far the proposed scope of services. As the Project progresses, it is possible that the level of effort and/or scape may differ up ar down from that assumed. If there are no scope changes, the Engineer shall receive the full amount of fixed f�e, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the Engi�eer shall notify �he City as soon as possible in writing. �. Basic Engin�ering Services Holly WTP Chlarine and Ammonia Rehabilitation Safety Evaluation Rflll�ng Hi�ls WTP Chlorine and Ammonia Evaluation Total Cost Budget �ixed Fee $84,047 $ 9,747 $ 6,289 $1D0,083 $285,953 $ 50,253 $ 38,711 Total Budget $370,�00 ��a,aoo $45.004 $485,Q00 C. $384,917 Spec��l an�1 Addiiion�l Services Compensatian for the Specia� and Add�tiana1 Services provided shall be in accordance with the methads described in this exhibit, and the specific amounts, if any, set farth herein. Compensation for Special and Additional Services sha]1 be on the �asis of a salary cost times a multiplier plus Direct Expenses, �lus a service charge of 15% of Direc� Expenses, plus applicable sale, use, value added, business transfer, gro�s receipts or similar taxes as set forth in �xhibi� D - A�tachment 1. Au�it �nd Sco�� Ch�nge Cost budgets are set for�h above and are subject �o �he audit provisions of Agreemen�i, Section ?(VIT. It is also understaod that the cost budgets are based upon Engineer's hest est�mate of work and leve� of effort required for the proposed scope of services. As the Project progresses, it is possible that the level afi effort and/or SCOp� may differ up or down from that assumed. If there are no scape changes, �he Engineer shall rece�ve.the full amount af fixed fee, regardless of the cost. If Ci ty of Fort Wortf� Exhibit n Page 3 of 5 Ci� ��' �'�� �or�h� �"e�c�s .�I�c��� c�� �'o��i� �'�n����c��io�x r ��� ���� �$� � �� �,��,� 1 1!� 6!°J3 I �-X�#f��# � ���Fi��S� 1 1 of � �+���� �ix,#�I�IE�F�E�I� A����M�f�,4�" 1+1IITFi �R���� A�iD �II�FiOI.�. �IV�.. F�R TF-�� I��FiABIL�7A710�V �� �WLORI�J� AIUD �4MM�iVIA �A�IUTI�� A� THE HOt,L1t W�1��#i TREATM�h1T P1.��1T�. �IVD �1f{��U�,TIOIV �� RULLIfVfi HILL� V�1�►T�R 7F��AT�C�iT P�..Af�T �41VD �O��T�f� ��1MP STAT���I� R�C�MM�ND�4TIDfU: �t i� r�camrr�er�d�d t��# �h� C�ty �aun�il authari�� the �it� N�ar�ag�� t� �xe�ute an agre��ment witk� �rees� �nc� Nic#�ois, In�., �vr #he reha�ifitat�on of chlorine and am��r��a �a��lities at the Ho�ly W�t�r Tre�tment Pl�r�ts, ev�l��tio� afi Ro�lkr�g I�likls �hlprir�e �n� �rr�moni� f��Nitke�, a€�d e�raluati�n of th� b�oostar pufnp �tation ��lori�e f��iNties �or � fee �o� to �xcea� �48�.���.D�. �J�C�.J���OhM.: 1`his p�o�oc# will pro�rrde f�r im�r��e�nents �t tf�� Hoily 1N�i�� Tre�#men# I�lants wF�i�h �vil� e�sure compl't�n�e wi�h �he �afe Drin#cing �Nate{ A��t re�u�reme�ts b�r re�t�vation of the ��lorir�e and �mmoni� #���litwo�. �amp�i�n�p witt� �kh� l,fnl�ofm Fire �od� 8ntl t#te Ar��ricans I+Vit� Disabilities Act �ADA} is a�so �art o� t17� proje�t. Ti�e �hlt�rir��tion ant� srr�r���ia s��t�m� at the IV�rt#� and �outi� HoEly 1N�ter �`reatme�t Plar�ts vM+�r� install�� in th� 195�'s �nc� I�ave be�r� in co�t#��o�s ser�ice sir�ce that tirri�. Th� �urren# �hlorina#i�� s�stern �s a pressure gas feec� �y���� an� shoul� be canvert�d t� a mariern vacuum t��e feed s�rs�err� f�r irnpra�ed maintenar��e �nd sa�ety. A�so, tl�e ammon}� sy�tem wial �� u��ra[��d a# ��tlt �Ean#s. A scur�y oF �he �it�'s r$�ote baost�f pu�� statior�s an� ►n�ai�r stara�� �a��litres wk��re ��lorine is s#ar�� will be m�de ta ensu�e c�,mp�iar�c� with �he �.Jniform �ir� �ode ar�d ADA req��rerx��nt� and an e�ral�ation �� the chlorine anc# ammonia �ystem at ti�e R�I�ir�� Hills INat�r Tr�atment Plant will be conduc��d to r��te��ine iF impr�v�rr�e�t�� ,n�ill b� n�ces��rt�r to meet add�tiona� ch��rine��mrn�e�ia ieed rstes requfre� by t#�e ��fe Dri�t�Cing 3111at�r A�t �i��r�fec�ion �e�u.�rements. � Yr.qtad On r1ocPC�etl puLaf � �'i� ��f' �'�� �o��� �`��acc�s �c���� �� ����� ��������� �� ����� �� � �� ���� 1 1!� 619� I �-� 4� I ���R���€ � o# � �t,re��� EN�',I�f��Rl[VCa l��R��N���+1T INI�'!-I FF#���� AiVD hi��MOL$. IN�., ��DF� �HE Fi�l-�ABILITATIDN OF �HLDRI�U� A#�D AN�h+10�ViA FA�I�ITIES A'f 'r'H� I-kO�LI� Wl�►��R TR�A'�44��h1T PLA�VTS. I�INp �1fALUATION �F ROLLIh1C� I�l��,� WAT�R TRE�►�{V��fV7 ` Pi..�4f�T A►f�iD B���T�R ��.JMP S'T`A71�hf� � FIS.��4�._ ��1�FiE1AATl0l�IC��R71�t�ATiDN; �he i�ire�tor of Fis�al �ervrc�s certii�es t#�at funds �eq�i�ed for #his age�em�nt �r� �vail�ble in the curr��t �p��atin�g �udget, as apprapriate�, of Commer�iaE Paper �u��,Vl�ate�. MG:rn SuhmiiUad �ur Cily ht�u.a�v�r"n ��e �y: r���e ��,o��br ���$ �,�� ��: liiohard s�way 1�ar hd�llootl R�a�a�oaliao Cuulrcl: �Cisl�.rd s.we}� F'lJ�l�] I A�;�piFPil' I �&N'iZR I AMOi3N� l�1 ��� Y�07 (I�ruro} PW77 S:i1�A]4 06477QSU04�U S��.b00,00 14Z07 � CYTY �SF�CI�$1`A3lY �l4'P�C�1{� p ���4I�Y ��i���4L G���� x� ��� ��1,�s� �".f.��•�.e�t� �MI� �trakexy of 41t� r..;t w�,r r�f� va�, ��t,. �r� xnr � i�'IMFA on hlc}101od G��