HomeMy WebLinkAboutContract 26127 CITY SECRETARY i(F 2,
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Chiang, Patel &
Yerby, Inc., (the "ENGINEER"), for a PROJECT generally described as: Water Department Alert
Notification Systems.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article ill
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) Monthly invoices will be issued by the ENGINEER for all work performed
under this AGREEMENT. Invoices are due and payable within 30 days of
receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving seven (7) days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of
suspension of services, the ENGINEER shall have no liability to CITY for
delays or damages caused the CITY because of such suspension of
services.
-1-
u C0PD
(rTV
era � a
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and
advice and fumishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be fumished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible 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 the ENGINEER shall not be liable for
the use of such drawings for any project other than the PROJECT described
herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other
entity of their obligations, duties, and responsibilities, including, but not
-2- ���8'G����'�C'���}�
(r v
limited to, all construction methods, means, techniques, sequences, and
procedures necessary for coordinating and completing all portions of the
construction work in accordance with the Contract Documents and any
health or safety precautions required by such construction work. The
ENGINEER and its personnel have no authority to exercise any control
over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth
in Attachment A, the ENGINEER or its personnel shall have no
obligation or responsibility to visit the construction site to become familiar
with the progress or quality of the completed work on the PROJECT or to
determine, in general, if the work on the PROJECT is being performed in
a manner indicating that the PROJECT, when completed, will be in
accordance with the Contract Documents, nor shall anything in the
Contract Documents or the agreement between CITY and ENGINEER
be construed as requiring ENGINEER to make exhaustive or continuous
on-site inspections to discover latent defects in the work or otherwise
check the quality or quantity of the work on the PROJECT. If, for any
reason, the ENGINEER should make an on-site observation(s), on the
basis'-of such on-site observations, if any, the ENGINEER shall endeavor
to keep the CITY informed of any deviation from the Contract Documents
coming to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be
entitled to rely upon such certification to establish materials, systems or
equipment and performance criteria to be required in the Contract
Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or qualify of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
0 ���� [�kQ��
� � �J ➢ r .
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction contractor
has completed the work in exact accordance with the Contract Documents; that
the final work will be acceptable in all respects; that the ENGINEER has made
an examination to ascertain how or for what purpose the construction contractor
has used the moneys paid; that title to any of the work, materials, or equipment
has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY
and the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/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 the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3)
years after final payment under this contract, have access to and the
right to examine and photocopy any directly pertinent books, documents,
papers and records of the ENGINEER involving transactions relating to
this contract. ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. The CITY shall
give ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that
the CITY shall, until the expiration of three (3) years after final payment
under the subcontract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records
of such subconsultant, involving transactions to the subcontract, and
further, that the CITY shall have access during normal working hours to
all subconsultant facilities, and shall be provided adequate and
appropriate work space, in order to conduct audits in compliance with the
provisions of this article together with subsection (3)hereof. CITY shall
give subconsultant reasonable advance notice of intended audits.
U e��
ia��
v�it����o
(3) ENGINEER and subconsultant agree to photo copy such documents as
may be requested by the CITY. The CITY agrees to reimburse
ENGINEER for the cost of copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits which are to be in effect
prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage if written
on a split limits basis). Coverage shall be on any vehicle used in the course of
the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease- policy limit
$100,000 disease- each employee
Professional Liability -:
$1,000,000 each claim/annual aggregate
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an
Additional Insured thereon, as its interests may appear. The term
CITY shall include its employees, officers, officials, agents, and
volunteers as respects the contracted services.
(b) Certificate(s) of insurance, - shall document that insurance
coverages specified according to items section K.(1) and K.(2) of
this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation, non-renewal
or material change in coverage shall be provided to the CITY. A
ten (10) days notice shall be acceptable in the event of non-
payment of premium. Such terms shall be endorsed onto
ENGINEER's insurance policies. Notice shall be sent to the
Icn ff�1C�� G��SM,y
Il . VV�'I I �D U ✓`a
respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the
state of Texas or be otherwise approved by the CITY; and, such
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(f) Deductible limits, or self insured retentions, affecting insurance
required herein may be acceptable to the CITY at its sole
discretion; and, In lieu of traditional insurance, any alternative
coverage maintained through insurance pools or risk retention
groups must be also approved. Dedicated financial resources or
letters of credit may also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the
ENGINEER may be required to provide proof of insurance
premium payments.
(1) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless such are approved by the
CITY.
(j) The Professional Liability insurance policy, if written on a claims
made basis shall be maintained by the ENGINEER for a minimum
two (2) year period subsequent to the term of the respective
PROJECT contract with the CITY .unless such coverage is
provided the ENGINEER on an occurrence basis.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement It is understood
that insurance cost is an allowable component of ENGINEEITs
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 the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
insurance coverage is maintained by subconsultants, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
-6-
we
L Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest which develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the
ENGINEER will,.if requested, assist the CITY in obtaining the services of
a qualified subcontractor to manage the remediation activities of the
PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER shall
notify the CITY of such changes and an adjustment in compensation will be
made through an amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Fumished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY except when verification is necessary to insure
the proper delivery of services to be performed.
-7-
Coy
='�� o new
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perform, at no cost to the ENGINEER, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in
connection with the ENGINEER's services. The CITY will be responsible for all
acts of the CITY's personnel.
C. Advertisements, Pennits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attomey,
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 D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing
of the ENGINEER's services or of any defect in the work of the ENGINEER or .
construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release ENGINEER and its officers, employees, and subcontractors from
all claims, damages, losses, and costs, including, but not limited to,
attorney's fees and litigation expenses arising out of or relating to the
presence, discharge, release, or escape of hazardous substances,
contaminants, or asbestos on or from the PROJECT. Nothing contained
herein shall be construed to require the CITY to levy, assess or collect
any tax to fund this indemnification.
(2) The indemnification and release required above shall not apply in the
event the discharge, release or escape of hazardous substances,
contaminants, or asbestos is a result of ENGINEER'S negligence or if
such hazardous substance, contaminant or asbestos is brought onto the
PROJECT by ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, Its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other
entity or person regarding the PROJECT a provision that such entity or
person shall have no third-party beneficiary rights under this Agreement
(4) Nothing contained in this section V.H. shall be construed as a waiver of
any right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is
maintained at the replacement cost value of the PROJECT. The CITY
may provide ENGINEER a copy of the policy or documentation of such
on a certificate of insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall
be comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
-9-
r,
(`'EG'JIT
Fovcrs���, � o
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, If any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt
of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not Reuse,
change, or alteration by the CITY or by others acting through or on behalf of the
CITY of any such instruments of service without the written permission of the
ENGINEER will be at the CITY's sole risk. The final designs, drawings,
specifications and documents shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control
of the ENGINEER. e
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience
on 30 days' written notice. This AGREEMENT may be terminated by
either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written
notice and diligently complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b) Out-of-pocket expenses for purchasing storage containers,
microfilm, electronic data files, and other data storage supplies or
services;
-10- uFF000At GC'CGG°�®
IC
IT YNj G> i° DY
c) The time requirements for tjle ENGINEER'S personnel to
document the work underway at the time the CITY'S termination
for convenience so that the work effort is suitable for long time
storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses.
The CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule, commitment
and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's
compensation will be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence for
indemnification. Parties means the CIN and the ENGINEER, and their officers,
employees, agents, and subcontractors.
1. 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.
-11-
J. Altemate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or
ENGINEER hereunder, will be submitted to mediation. If mediation is
unsuccessful, the claim, dispute or other matter in question shall be
submitted to arbitration if both parties acting reasonably agree that the
amount of the dispute is likely to be less than $50,000, exclusive of
attorney's fees, costs and expenses. Arbitration shall be In accordance
with the Construction Industry Arbitration Rules' of the American
Arbitration Association or other applicable rules of the Association then
in effect. Any award rendered by the arbitrators less than $50,000,
exclusive of attorney's fees, costs and expenses, will be final, judgment
may be entered thereon in any court having jurisdiction, and will not be
subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10
and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The
award shall become final ninety (90) days from the date same is issued.
If litigation is filed by either party within said ninety (90) day period, the
award shall become null and void and shall not be used by either party
for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never
been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.1., and VI.J. shall
survive termination of this AGREEMENT for any cause.
L Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
-12-
CRY I e pJ'UI
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules,constitutes the entire AGREEMENT,
supersedes all prior written or oral understandings, and may only be changed by a written
amendment executed by both parties. The following attachments and schedules are hereby made
a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
ATTEST: CITY OF FORT WORTH
By: V
Gloria Pearson 8-15'D� Mike Groomer
City Secretary Assistant City Manager
APPRO D
Dale Fisseler, .E.
Director, Water Department
APPROVED AS TO FORM
AND LEGALITY
CHIANG, PATEL & YERBY, INC.
ENGINEER
By:
Assistant Attorney 41, William E. Carroll, P.E.
Vice President
ATTEST:
Contract Authorization V'�
By. Ll- -
Date Michael F. Graves, P.E.
Project Manager
-13-
OKI °1d rrGU��
r�
p ,
ATTACHMENT "A"
SCOPE OF SERVICES
ALERT NOTIFICATION SYSTEMS FOR TREATMENT PLANTS
PROJECT DESCRIPTION
The City proposes installation of alert notification systems at the following Water Department
treatment facilities: Eagle Mountain, Rolling Hills, North and South Holly, and Village Creek.
Notification systems will consist of 1)tone/speech generators connected to existing public address
systems and activated by alarms linked to the SCADA system, 2)pole-mounted 125dB electronic
sirens, 3) two-way radios, and 4) encoders for the sirens.
Eagle Mountain has a tone/speech generator and only requires installation of an electronic siren.
The other three facilities need both tone/speech generators and electronic sirens. Encoders are
required at the Emergency Operations Center(EOC) and the Fire Department. Two-way radios
are off-the-shelf items that will comply with typical City standards.
Construction is proposed in two phases. Phase 1 includes installation of tone/speech generators
and Phase 2 includes installation of electronic sirens and associated equipment. Phase 1 design
and construction is proposed immediately. Phase 2 work will be scheduled after further decisions
are made by the City about incorporating the sirens into a proposed regionalized notification
system.
SCOPE OF SERVICES
Project Tasks
As part of the professional services required to complete this project, the Engineer will perform the
following tasks:
Task 1 Meetings and Coordination
For Phase 1 work, conduct one meeting with Water Department to discuss equipment and
configurations for tone/speech generators.
For Phase 2 work, conduct one meeting with Water Department, Emergency Operations Center,
and Fire Department to discuss equipment and configurations for the electronic sirens and
components. Since the sirens chosen for this project may become the standard for new sirens
in the City, coordination among the three departments is necessary.
When 90% draft documents are presented, conduct meetings with City staff to discuss the design
and Contract Documents.
Deliverable:Correspondence noting decisions agreed upon during meetings
T:\PROJECTS1Ctw0024tAgreementkAttachmentA.wpd A-1 August 2,2000
Toy
REX,
RE,
Task 2 Site Evaluations
Perform site visits at each facility to determine location of each siren as well as evaluate existing
controls and electrical components. Evaluations will include review of public address systems,
wiring, controls, and other items necessary for the system to operate as designed. If unforeseen
conditions are discovered during site evaluations, Chiang, Patel & Yerby, Inc. (CP&Y) will notify
the City in a timely manner. If unforeseen conditions require additional costs for engineering
services, CP&Y will obtain approval from the City prior to performing the extra work.
Task 3 Design and Development of Contract Documents
Design alert notification system and develop contract documents sufficient for bidding and
construction of the system at each facility. Construction is proposed in two phases with Phase 1
including installation of tone/speech generators and Phase 2 including installation of sirens.
Phase 1 design includes the following component.
• One tone/speech generator at Holly Water Treatment Plant, Rolling Hills Water
Treatment Plant, and Village Creek Wastewater Treatment Plant (3 generators
total).
Phase 2 design includes the following components:
• One 125-db electronic siren at Holly Water Treatment Plant, Rolling Hills Water
Treatment Plant, Eagle Mountain Water Treatment Plant, and Village Creek
Wastewater Treatment Plant (4 sirens total).
• Eight two-way radios
• One encoder at the Emergency Operations Center and the Fire Department (2
encoders total).
When working with closed-architecture SCADA systems,CP&Y will coordinate the design with the
SCADA system supplier. Fees charged by SCADA suppliers are considered an additional cost
or the City will directly pay SCADA suppliers under a separate contract.
Cost for engineering services are based on availability of the following components:
• Adequate public address system and wiring at each plant
• Adequate instrumentation and SCADA at each plant
• Adequate electrical availability for the equipment.
CP&Y will develop one set of contract documents for each phase of work. CP&Y will deliver two
separate drafts of contract documents at 90% and 95% complete to the City for review and
comment. After comments are included in the Contract Documents, CP&Y will produce 10 sets
of final Contract Documents for bidding purposes.
Deliverable:For each phase, the Engineer will submit to the City for review four(4)sets of contract documents and an opinion of
probable construction costs at 90%completion and upon final completion. Engineer will provide 10 sets of final Contract Documents of each
phase for bidding purposes.
T:tPROJECTS\Cfw0024\Agreement44ttachment A.WPd A-2 August 2,2000
EEC 0E,)D
Task 4 Bidding Assistance
The Engineer will assist the City during the bidding phase. Services proposed for Phase 1
include:
► Attend meetings with SCADA system suppliers
► Issue addenda as appropriate to interpret,clarify,orexpand the design documents.
Deliverable:Addenda as needed.
Services proposed for Phase 2 include:
► Assist the City in advertising and obtaining bids for the construction
contract.
► Distribute bidding documents, maintain a record of prospective bidders to
whom bidding documents have been issued, and receive and process
payments for bidding documents issued.
► Attend a pre-bid conference.
► Issue addenda as appropriate to interpret, clarify, or expand the bidding
documents.
Deliverable:Addenda as needed.
► Assist the City in determining qualifications and acceptability of prospective
constructors and suppliers.
► Attend the bid opening and prepare bid tabulation sheet.
Deliverable:Bid tabulation.
► Provide assistance to City in evaluating bids and assemble and award the
construction contract.
Deliverable:Bid evaluation.
The City will provide the following:
Handle bid advertising in local newspaper(s).
Task 5 Construction Phase Services
Engineer will provide construction services consulting and advise the City during construction
phase. Engineer will participate in regularly scheduled construction progress meetings with City
personnel and contractor representatives. Engineer will review and approve all required shop
drawings and pay requests.
T:\PROJECTS\CfwOO24\Agreemenri4ttachment A.wpd A-3 August 2,2000
UU dU,U
Services proposed for Phase 1 include:
- Issue necessary interpretations and clarifications of contract
documents, assist the City in preparing change orders, and make
recommendations as to acceptability of the work.
Deliverable:Change Orders as needed.
Provide field surveys to verify construction in accordance with
applicable specifications.
Services proposed for Phase 2 include:
- Prepare for and conduct a preconstruction conference, and issue
a Notice to Proceed on behalf of the City.
- Review shop drawings submitted by the constructors for compliance
with design concepts.
- Visit the project site to observe construction progress and
compliance with design concepts.
- Issue necessary interpretations and clarifications of contract
documents, assist the City in preparing change orders, and make
recommendations as to acceptability of the work.
Deliverable:Change Orders as needed.
Assist the City in review of progress payments due based on degree
of completion of the work.
Provide field surveys to verify construction in accordance with
applicable specifications.
- Prepare drawings conformed to the construction records furnished
by construction contractors.
Deliverable:Conformed Drawings
Task 6 Production of Informational Material
Engineer will subcontract Pavlik and Associates to produce 10,000 watering schedule magnets.
City will provide an electronic form of the desired layout.
PROJECT SCHEDULE
CP&Y will complete Phase 1 design within 31 days of notice to proceed. CP&Y will complete
Phase 2 design services within 60 days of a notice to proceed with the Phase 2 work.
T:\PROJECTS\Cfw0024WgreemenMdachment A.wpd A-4 August 2,2000
ATTACHMENT "B"
COMPENSATION
ALERT NOTIFICATION SYSTEMS FOR TREATMENT PLANTS
I BASIC ENGINEERING SERVICES
For engineering services under Attachment A, the City shall pay the Engineer on a Salary Cost
Method a lump sum fee of $23,096.00 for the Phase 1 work and a lump sum fee of $18,050.00
for the Phase 2 work, according to paragraphs A, B, C, D, and E below. The basis for the
payment is shown in Exhibit B-2 and Exhibit B-3.
A. Labor: The Engineer shall be compensated for the services of his personnel on the basis
of Salary Cost times a multiplier of 3.0 for the time such personnel are directly utilized on
the work.
Salary cost is defined as the cost of salaries of engineers, technicians, word processors,
surveyors, clerks, laborers, etc., security contributions, unemployment, excise and payroll
taxes, and insurance benefits, sick leave, vacation, and holiday pay applicable thereto.
The salaries of any personnel assigned are subject to reasonable modification by the
Engineer throughout the term of this Agreement; however, such modification will not affect
the upper limit value of this Agreement.
B. Other Incidental Direct Costs: The Engineer shall be compensated at cost plus 10% for all
costs other than salary costs that are incurred pursuant to this Agreement, but which are
not normally included as part of the Engineer's overhead. These costs include: air fare,
automobile rental, mileage charges, parking,tolls,taxi, meals, lodging, telephone, printing
and reproduction costs, computer and word processors, postage and mailing costs, and
other miscellaneous costs incurred specifically for this project.
C. Subconsultant Services: For all subconsultant services, the Engineer shall be
compensated at the actual subconsultant cost plus 10%.
D. Payment: Partial payment shall be made monthly upon receipt of an invoice from the
Engineer, prepared from the books and records of the Engineer, outlining the amount of
hours worked by each employee, the employee's name and classification, and the
employee's billing rate along with itemized charges for subconsultant services and other
incidental direct costs performed during the period covered by said invoice.
E. Timeliness: Lump fees are based on the City providing a notice to proceed for each phase
of the work within one year of the contract date. If a notice to proceed is not provided
within one year of the contract date, the Engineer has the option to renegotiate the lump
sum fee and hourly billing rates.
T:\PROJECTS\CfwW24WgreementWttachment B.wpd B-1 August 2,2000
P
II ADDITIONAL SERVICES
For additional services provided outside the scope defined in Attachment A, as approved by
amendment to this Agreement, the City will pay the Engineer for labor, other incidental direct
costs, and subconsultants on the same basis as described in Paragraph I of this Attachment.
T:(PROJECTS\CfwOO24\.AgreementWtWchment B.wpd [3-2 August 2,2000
M�E
EXHIBIT "B-2"
CHIANG, PATEL & YERBY, INC.
HOURLY BILLING RATES - 2000
Classification of Personnel Range of Billing Rates WHO
Principal $133 - $172
Project Manager $102 - $121
Registered Engineer $117 - $138
Graduate Engineer $54 - $79
Technician $54 - $68
Word Processor (Clerical) $42 - $63
T:(PROJECTS\CtwOO24WgreemenMttachment B.wpd B-3 August 2,2000
EXHIBIT "B-3"
COST SUMMARY
WATER DEPARTMENT ALERT NOTIFICATION SYSTEMS
Task Phase Phase MWBE MWBE %
1 Fee 2 Fee Fee MWBE
Task 1 Meeting and $1,000 $1,500
Coordination
Task 2 Site Evaluations $3,000 $2,000
Task 3 Contract Documents $9,000 $9,000 Jim's $1,000 11.1%
Reproduction
Task 4 Bidding Services $500 $1,000
Task 5 Construction Phase $1,500 $4,550
Services
Task 6 Production of $8,096 Pavlik and $7,360 17.9%
Informational Material Associates
Subtotal $23,096 $18,050
Total $41,146 $8,360 20.3%
T:\PROJECTS\CtwOO24WgreemenMttachment B.wpd B-4 August 2,2000
''�FGOI ���
City of Fort Worth, Texas
"rigor And Council Communicadon
DATE REFERENCE NUMBER LOG NAME T—PAGE
7/11/00 **C-18118 60ALERT 1 of 2
SUBJECT CONTRACT WITH CHIANG, PATEL & YERBY, INC. FOR ENGINEERING SERVICES
RELATED TO INSTALLATION OF WATER DEPARTMENT ALERT NOTIFICATION
SYSTEMS AT TREATMENT PLANTS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Chiang,
Patel & Yerby, Inc. for engineering services related to the installation of Water Department alert
notification systems at treatment plants for a cost not to exceed $41,146.
DISCUSSION:
On December 1, 1998 (M&C C-17171), the City Council authorized the execution of an engineering
agreement with Chiang, Patel & Yerby, Inc. for engineering services related to development of the
Water Department emergency response plan and outdoor warning system evaluation. The warning
system report recommended the installation of tone/speech generators connected to existing public
address systems and activated by alarms linked to the SCADA (Supervisory Control and Data
Acquisition) systems, pole mounted electronic sirens and two-way radios for all treatment plants.
In order to implement the recommendations in the Alert Notifications Systems Evaluation report, the
consulting firm of Chiang, Patel & Yerby, Inc. has proposed to perform the following work for a cost not
to exceed $41,146:
• Meetings and coordination; and
• Site evaluations; and
• Design and development of contract documents; and
• Bidding assistance; and
• Construction phase services; and
• Production of informational material.
At this time, only internal treatment plant warning systems are to be installed pending recommendations
from a county-wide study on an alert notification system.
Chiang, Patel & Yerby, Inc. is in compliance with the City's M/WBE Ordinance by committing to 20%
M/WBE participation. The City's goal on this project is 20%.
City of Fort Worth, Texas
,Mayor and coun"'I C.0mmunicaltion
DATE REFERENCE NUMBER LOG NAME jPAGE
7/11/00 **C-18118 60ALERT 2 of 2
SUBJECT CONTRACT WITH CHIANG, PATEL & YERBY, INC. FOR ENGINEERING SERVICES
RELATED TO INSTALLATION OF WATER DEPARTMENT ALERT NOTIFICATION
SYSTEMS AT TREATMENT PLANTS
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of
the Commercial Paper-Water and Sewer Funds.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) APPROVED
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
JUL 11 2000
Dale Fisseler 8207 (from) /tw.
PS46 531200 070460230010 $14,612.56 ---,j
Additional Information Contact: PW 77 531200 060770230010 $26,333.44 city swwary of the
City of Fort worth.t'W,xr
Dale Fisseler 8207