HomeMy WebLinkAboutContract 29190 CITY
NRCREOATNO a 1
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Nlu 140, 15&
inee rin) ; _mac . , (the "ENGINEER"), for a PROJECT generally described as: *-The_ W;r
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Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, 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 ofehr-suspensio
services.
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Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the. CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work
to be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
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.
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If, 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
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control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or quality of performance by third parties; quality, type, management,
or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain that the construction contractor has
completed the work in exact accordance with the Contract Documents; that the
final work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, materials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others,and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT was
finally constructed. The ENGINEER is not responsible for any errors or omissions
in the information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE)
participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business 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.
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J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of 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 subcon-
sultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that 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.
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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 coverage
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 or material
change in coverage shall be provided to the CITY. A ten (10) days
notice shall be acceptable in the event of non-payment of premium.
Such terms shall be endorsed onto ENGINEER's insurance policies.
Notice shall be sent to the respective Department Director (by
name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas
76102.
(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 shall be acceptable to the CITY in 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.
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(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.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
Q) 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 ENGINEER's
overhead.
(1) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
subconsultants maintain insurance coverage, 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.
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
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personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships with abutting property cities. The
ENGINEER further acknowledges that it will make disclosure in writing of any
conflicts of interest that develop subsequent to the signing of this contract and prior
to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the 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-Furnished 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.
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
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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, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local,
state, or federal authorities; and land, easements, rights-of-way, and access
necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions
required by the CITY in a timely manner in accordance with the project schedule in
Attachment A.
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.
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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
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requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
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.
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
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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;
c.) The time requirements for the 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 shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
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H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability and sole negligence for indemnification.
Parties mean the CITY and the ENGINEER, and their officers, employees, agents,
and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate 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
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construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., 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.
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
Exhibit A-1 — Supplement to Attachment A
Attachment B — Compensation
Exhibit B — 1 — Supplement to Attachment B
Exhibit B — 2 — Supplement to Attachment B
Attachment C —Schedule
Executed this theob4 day of Ott _, 2003.
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ATTEST: CITY FO WORT
B , t
loria Pears n Marc A. Ott
City Secretary Assistant City Manager
APPROVED:
r _ I
contract AuthorizationBy:
Dale A. Fisseler Le_12-q 0 3_
Director, Water Department tate
APPROVED AS TO FORM ENGINEER
AND LEGALITY
By: IZ4
Assistant ity Attorney Victor A. Weir, II P.E.
Principal
Multatech Engineering, Inc.
ATTEST:
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Fy.
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ATTACHMENT "A"
General Scope of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in the Supplemental Scope of Services. In cases of conflict between the
Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope
of Services shall have precedence over the General Scope of Services."
GENERAL
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the
City regarding the scope of project so that the plans and specifications which are to be
developed hereunder by the Engineer will result in providing facilities which are
economical in design and conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be
necessary for the design of the proposed street, and storm drain and/or water and
wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure
necessary information from such outside agencies, to meet their requirements.
3) Geotechnical Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations
that may be needed. In the event it is determined necessary to make borings or
excavate test holes or pits, the Engineer shall in coordination with the City and the City's
geotechnical engineering consultant, draw up specifications for such testing program.
The cost of the borings or excavations shall be paid for by the City.
4) Agreements and Permits
The Engineer shall complete all forms/applications to allow the City of Fort Worth to
obtain any and all agreements and/or permits normally required for a project of this size
and type. The Engineer will be responsible for negotiating and coordinating to obtain
approval of the agency issuing the agreement and/or permits and will make any
revisions necessary to bring the plans into compliance with the requirements of said
agency, including but not limited to highways, railroads, water authorities, Corps of
Engineers and other utilities.
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineer's own cost and expense, unless such changes
are required due to changes in the design of the facilities made by the permitting
authority. If such changes are required, the Engineer shall notify the City and an
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}
amendment to the contract shall be made if the Engineer incurs additional cost. If there
are unavoidable delays, a mutually agreeable and reasonable time extension shall be
negotiated.
6) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic
film sheets, or as otherwise approved by the Department of Engineering and shall
become the property of the City. City may use such drawings in any manner it desires;
provided, however that the Engineer shall not be liable for the use of such drawings for
any project other than the project described herein; and further provided, that the
Engineer shall not be liable for the consequences of any changes that are made to the
drawings or changes that are made in the implementation of the drawings without the
written approval of the Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction of
the project. Engineer shall determine ownership of such land and furnish the City with
the necessary right-of-way sketches, prepare necessary easement descriptions for
acquiring the rights-of-way and/or easements for the construction of this project.
Sketches and easement descriptions are to be presented in form suitable for direct use
by the Department of Engineering in obtaining rights-of-way, easements, permits and
licensing agreements. All materials shall be furnished on the appropriate City forms in a
minimum of four(4) copies each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans
and Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to
any proposed utility liens or adjustment to existing utility lines within the project limits.
The information obtained shall be shown on the conceptual plans. The Engineer shall
show on the preliminary and final plans the location of the proposed utility lines, existing
utility lines, based on the information provided by the utility, and any adjustments and/or
relocation of the existing lines within the project limits. The Engineer shall also evaluate
the phasing of the water, wastewater, street and drainage work, and shall submit such
evaluation in writing to the City as part of this phase of the project.
10) Conceptual Plans
The Engineer shall furnish four(4) copies of the Phase 1 concept engineering plans
which include layouts, preliminary right-of-way needs and preliminary estimates of
probable construction costs for the Engineer's recommended plan. For all submittals,
the Engineer shall submit plans and documents for street/storm drain and
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Page 2 of 5
water/wastewater facilities. The Engineer shall receive written approval of the Phase 1
Plans from the City's project manager before proceeding with Phase 2.
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary constructions plans
and five (5) copies of the preliminary technical specifications for review by the City and
for submission to utility companies and other agencies for the purposes of coordinating
work with existing and proposed utilities. The preliminary construction plans shall
indicate location of existing/proposed utilities and storm drain lines. The Engineer shall
receive written approval of the Phase 2 plans from the City's project manager before
proceeding with Phase 3.
PHASE 3
13) Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
14) Detailed Cost Estimate
The Engineer shall furnish four(4) copies of detailed estimates of probable construction
costs for the authorized construction project, which shall include summaries of bid items
and quantities.
15) Plans and Specification Approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state and federal
laws and with applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies. The Engineer shall receive written approval of the
Phase 3 plans from the City's project manager before proceeding with Phase 4.
PHASE 4
16) Final Approved Constructions Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans
and contract specifications. The approved plans and contract specifications shall be
used as authorized by the City for use in obtaining bids, awarding contracts, and
constructing the project.
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17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the
bidding documents, and assist the owner in determining the qualifications and
acceptability of prospective constructors, subcontractors, and suppliers. When
substitution prior to the award of contracts is allowed by the bidding documents, the
Engineer will advise the owner as to the acceptability of alternate materials and
equipment proposed by the prospective constructors.
18) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the
construction of the project and shall make a recommendation of award to the City.
19) Prebid Conference
The Engineer shall attend the prebid conference and the bid opening, prepare bid
tabulation sheets and provide assistance to the owner in evaluating bids or proposals
and in assembling and awarding contracts for construction, materials, equipment, and
services.
PHASE 5
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters concerning the layout of the
project during its construction and will set control points in the field to allow City survey
crews to stake the project. The setting of line and grade stakes and route inspection of
construction will be performed by the City.
22) Site Visits
The Engineer shall visit the project site at appropriate intervals as construction proceeds
to observe and report on the progress and the quality of the executed work.
23) Shop Drawing Review
The Engineer shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratory, shop, and mill
test reports on materials and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the acceptability of
the work, at the request of the City.
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25) Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field
conditions encountered.
26) Record Drawings
The Engineer shall prepare record drawings from information submitted by the
contractor.
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EXHIBIT A-1
(SUPPLEMENT TO ATTACHMENT"A")
SCOPE OF SERVICES
Engineering Services
for
Village Creek Wastewater Treatment Plant
Air Blower Installation & Diffuser Upgrade Study
The following is a clarification of tasks that the ENGINEER will perform under Attachment A.
Upon receipt of Notice to Proceed, the ENGINEER will perform the following tasks.
Task 1. Blower System Design.
A. Evaluate the physical condition and operation of existing air blower and
distribution system. Evaluation will consist of a walk-through observation with
Plant Staff to collect data and receive comments.
B. Determine the optimum size, number, and location of new blower(s) inside the
plant given the current and anticipated future conditions. This step will optimize
the solution by including factors for life cycle cost, process requirements, plant
requirements, and system constraints.
C. Evaluate electrical distribution and blower switchgear arrangement to increase
reliability and redundancy of alternate electrical feeds to the existing MB10 and
the new blower(s).
D. Present proposed options with recommendation for final selection to City for
evaluation.
E. Prepare design drawings and specifications for the new blower(s), air delivery
piping, and associated components.
F. Prepare design drawings and specifications for the motor(s) and switch-gear
associated with the blower(s)
G. Provide advertisement-phase services.
H. Provide bid document review.
I. Attend a maximum of three (3) meetings as required by the City.
J. Review submittals during construction phase of contract.
Task 2. Aeration System Evaluation.
A. Kickoff Meeting. A project kickoff meeting will be held including City, plant, and
consultant staff to review the project goals, schedule, and deliverables.
B. Background Information. This task will involve working closely with plant staff to
gather the information that is available on the aeration system including special
testing, personnel observations, and routine plant operations data. The goal will
be to assess and document changes that have occurred in the aeration system
over the past decade.
C. Off-gas Testing. Dave Redmon, one of the leading aeration system test
engineers, will perform off-gas testing on at least three of the aeration basins
(one from each type of aeration basin) and determine the current oxygen transfer
efficiency of the insitu systems. This information will be compared to previous
tests performed during the late 1980s. Representative diffusers from selected
0:\Proj\2001\01027\Contract\ExhibitA1.doc/6-27-03
Page 1 of 2
4
basins will be evaluated for dynamic wet pressure, fouling, and general
conditions.
D. Air Distribution System Evaluation. This task will involve assessing the air
delivery system from the blowers to the diffusers. Pressures will be measured
throughout the system and an assessment made of why there are difficulties
delivering air to specific areas in the plant. Consultant personnel will work with
plant staff to schedule taking specific basins out-of-service to evaluate the
condition of the infrastructure supporting the diffusers.
E. Data Summary Evaluation. In this task, the data collected in the previous tasks
will be organized and analyzed. The goal is to assess the degree of fouling of
the existing system, bottlenecks n the distribution system, problems in the
infrastructures, and general performance of the existing system. These data will
be used for the cost benefit analysis in the next task.
F. Cost/Benefit Analysis. In this task, costs will be developed for cleaning,
modifying, improving, and/or replacing parts or all of the aeration system. These
costs will be compared with costs related to continuing to operate the system at
reduced efficiency. An assessment of when it becomes cost effective to replace
the existing aeration system or parts of it will be made.
G. Summary Report And Recommendations. All the information developed in the
previous tasks will be organized and presented along with recommendations
regarding the operation, maintenance, and improvement of the aeration system.
The output from this task should allow the City to develop CIPs for the aeration
basins.
H. Project Meetings (3). This task includes the time involved in preparing for and
participating in three project meetings in addition to the original kickoff meeting.
Meetings are anticipated after the initial background information gathering, after
the off-gas testing and air distribution system evaluation, and after completion of
the draft summary report.
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Page 2 of 2
ATTACHMENT "B"
BASIS OF COMPENSATION AND SCHEDULE
Engineering Services
For
Village Creek Wastewater Treatment Plant
Air Blower Installation & Diffuser Upgrade Study
I. COMPENSATION
A. The basis of compensation for the Engineer shall be the salary cost of
each Engineer's employee, directly engaged on the project, times a
multiplier of 3.28 for fringe benefits, overhead and profit. The multiplier
includes all costs of accounting and other staff not directly involved in
project production. The guaranteed maximum fee for services listed in
Exhibit "A-1" without modifications is two hundred three thousand four
hundred fifty five dollars ($203,455).
B. All direct non-labor expenses, including computer-aided design and
drafting (CADD) charges, other computer charges, telegraph and telegram
toll charges, bid advertising, deliveries, printing, faxes, filing fees, etc., and
travel subsistence for the principals and staff when required for the proper
execution of the work, are charged as reimbursables at cost plus ten
percent (10%). Mileage is 34.5 cents/mile.
C. Compensation is based upon current orders, laws, ordinances and regulations
existing on date of signed contract. Any legal or regulatory changes affecting this
project shall be subject to additional compensation for the Engineer.
II. Schedule
Exhibit "A-1" (Scope of Work) shall be completed as described in Attachment "C".
0:\Prof\2001\01027\Contract\FWStandAttB.doc/06-27-03
EXHIBIT'B-1"
(Supplement to Attachment B)
SUMMARY OF TOTAL PROJECT FEES
Task 1 -Blower System Design
Mech Elect Project Principal
Item Description Engineer Engineer Manager Engineer Cad Clerical Total
A. Eval.Existing Blower 60 12 12 30 114
B. Determine Size/Location of New Blower 48 24 24 96
C. Eva].Electrical Dist.&Switchgear 12 4 16
D. Preliminary Design Report 24 18 14 18 74
E. Drawings and Specifications-Blower&Piping 312 32 48 392
F. Drawings and Specifications-Motor&Switchgear 120 32 40 192
G. Advertise for Bids 10 10
H. Bid Review 8 4 4 16
I. Meetings 24 12 12 8 56
J. Submittal Review 24 24 8 24 80
Total hours 510 226 0 142 0 168 1046
Billing Rate $ 94 $ 125 $ 125 $ 155 $ 55 $ 45
TASK 1 TOTAL LABOR $ 47,940 $ 28,250 $ - $ 22,010 $ - $ 7,560 1$ 105,760
Expenses AMOUNT
Subconsultant-132CADD(DBE) $30,100
Employee Mileage $150
In-House printing $2,750
Outside printing-Trevino Assoc.(DBE) $6,000
Reimbursable Expense Service Charge @ 10% $890
TOTAL DIRECT EXPENSES $39,890
TASK 1 TOTAL LABOR AND EXPENSES $ 145,650
Task 2-Air Diffuser Study
Proj. Project Principal
Item Description Engineer Manager Engineer Technician Clerical QC Total
A. Kickoff Meeting 4 4 4 12
B. Background Information 40 24 4 68
C. Off-gas Testing 40 4 2 46
D. Air Distribution System Evaluation 32 4 16 52
E. Data Summary/Evaluation 32 16 4 52
F. Cost/Benefit Analysis 32 4 8 44
G. Summary Report/Recommendations 40 16 8 16 16 96
H. Project Meetings(3) 12 12 12 36
0
Quality Control @ 3%of subtotal 10 10
Project Management @ 4%of subtotal 13 13
Word Processing/Clerical 0
0
Total hours 232 97.04 58 16 16 9.78 429
Billing Rate $ 90 $ 130 $ 150 $ 75 $ 50 $ 150
Total Labor $ 20,880 $ 12,615 $ 8,700 $ 1,200 $ 800 $ 1,467 $ 45,662
Expenses AMOUNT
Subconsultant-Redmon Engineering $10,000
Employee Mileage $150
Other instrument&wet chemistry charges @$250/week $500
Photo Processing&Film $40
Telecommunications/postage/fax @$2.00/hr $858
In-House printing $200
Outside printing $200
Reimbursable Expense Service Charge @ 10% $195
TOTAL DIRECT EXPENSES $12,142
TASK 2 TOTAL LABOR AND EXPENSES $ 57,805
SUMMARY
TASK 1 TOTAL LABOR AND EXPENSES $ 145,650
TASK 2 TOTAL LABOR AND EXPENSES $ 57,805
GRAND TOTAL $ 203,455
M/WBE TOTAL: $36,100
M/WBE%: 18%
0:\Proj\2001\01027\Contract\Exhibit B1.As
January 1,2003
Exhibit"B-2
(Supplement to Attachment"B")
Multatech Engineering, Inc.
SCHEDULE OF CHARGES
BILLABLE HOURLY RATES
POSITION LOW HIGH
PRINCIPAL $127.00 $175.00
SENIOR ENGINEER 100.00 125.00
PROJECT MANAGER 78.00 125.00
ENGINEER 75.00 110.00
DESIGN TECHNICIAN 50.00 105.00
ENGINEER-IN-TRAINING (EIT) 55.00 87.00
CADD/TECHNICIAN 40.00 70.00
WORD PROCESSING/SECRETARIAL 32.00 55.00
The ranges and individual salaries will be adjusted annually as of January 1.
RATES FOR IN-HOUSE SERVICES
SERVICES RATE
PC CAD STATIONS $10.00 PER HOUR
PLOTTER 3.50 PER PLOT
BLUELINES .11 PER SQUARE FOOT
XEROX COPIES .10 PER SINGLE SIDED COPY
XEROX COPIES .18 PER DOUBLE SIDED COPY
GBC BINDING (REG. COVER) 2.00 PER BOOK
GBC BINDING (EMBOSS. COVER) 4.00 PER BOOK
TAPE BINDING (REG. COVER) 1.75 PER BOOK
TAPE BINDING (EMBOSS. COVER) 3.75 PER BOOK
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside
reproduction and printing, transportation, travel, communication expense, and subsistence away from
Fort Worth and other miscellaneous expenses directly related to the work. Costs of tests and other work
required to be done by independent persons other than staff members are reimbursed at actual cost
times a multiplier of 1.10.
0:/Prof./2001/01027/Contract/ExhbitB2-Jan.2003
ATTACHMENT "C"
SCHEDULE
Engineering Services
For
Village Creek Wastewater Treatment Plant
Air Blower Installation & Diffuser Upgrade Study
1. Blower Design Schedule
ID Task Duration Predecessor
(days) ID
Blower Preliminary Design 180
1 NTP 0
2 Evaluate existing mech/elec system 45 1
3 Determine size/location of new blower 90 2
4 Preliminary Report 24 3
5 Review&Approval by City 21 4
Blower Plans/Specifications 180
6 50% Plan Preparation 54 5
7 50% Review 21 6
8 100% Plan Preparation 54 7
9 100% Review 21 8
10 Final Revisions 30 9
2. Oxygen Diffuser Study Schedule
ID Task Duration Predecessor
days ID
Oxygen Diffuser Study 180
1 NTP 0
2 Gather Data/Conduct Testing 45 1
3 Conduct Analysis 60 2
4 Develop Report 30 3
5 Review 30 4
6 Final Revisions 15 5
0:\Proj\2001\01027\Contract\FWStandAttC.doc/06-27-03
City of Fort Worth, Texas
My � o) Clckatian
DATE REFERENCE NUMBER LOG NAME PAGE
6/24/02 **C-19632 60PLANT 1 of 2
SUBJECT ENGINEERING AGREEMENT WITH MULTATECH ENGINEERING, INC. FOR THE AIR
BLOWER INSTALLATION AND DIFFUSER UPGRADE STUDY AT THE VILLAGE
CREEK WASTEWATER TREATMENT PLANT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an engineering
agreement with Multatech Engineering, Inc. for the preparation of plans and specifications for the Air
blower installation and the preparation of a diffuser upgrade study for Village Creek Wastewater
Treatment Plant for an amount not to exceed $203,455.
DISCUSSION:
The Village Creek Wastewater Treatment Plant (VCWWTP) currently uses a combination of two
methane-powered reciprocating engines directly coupled to two 30,000 cubic feet per minute (CFM)
centrifugal air blowers and six electric air blowers of various sizes and ages to provide oxygen for the
activated sludge treatment process in the aeration basins. The two engines have exceeded their useful
service life. Moreover, air permit requirements for engines are becoming more stringent, therefore staff
recommends that these two engine blowers be replaced.
As part of this project, the engineer will evaluate the existing air blowers and air distribution system to
determine the optimum air blower (or blowers) location and size. The engineer will also evaluate the
electrical power distribution system for the blowers and the blower switchgear for increased reliability
and redundancy for electric power delivery to the proposed and existing electric blowers. In addition,
the engineer will prepare design drawings and specifications for the new electric blower (or blowers),
the necessary air distribution piping, switchgear and appurtenances.
The VCWWTP has also experienced a decrease in the efficiency of air transfer into the aeration basins
due to fouling of the ceramic domed diffusers installed over 10 years ago. In conjunction with the
design of the new blower system, the engineer will perform testing of the diffusers to determine the
current state of oxygen transfer efficiency in the aeration basins. The engineer will determine the extent
of fouling of the diffusers and perform an efficiency recovery study, evaluating different types of cleaning
methods. A cost-benefit analysis will be performed detailing the options available and a recommend-
ation to improve the efficiency of this operation will be provided. The engineer will also prepare plans
and specifications for the selected option.
Multatech Engineering, Inc. is in compliance with the City's M/WBE Ordinance by committing to 18%
participation. The City's goal on this project is 18%.
City of Fort Worth, Texas
41g � »
.)agar
DATE REFERENCE NUMBER LOG NAME PAGE
6/24/02 **C-19632 60PLANT 2 of 2
SUBJECT ENGINEERING AGREEMENT WITH MULTATECH ENGINEERING, INC. FOR THE AIR
BLOWER INSTALLATION AND DIFFUSER UPGRADE STUDY AT THE VILLAGE
CREEK WASTEWATER TREATMENT PLANT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Sewer Capital Projects Fund.
MO:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 6122
Originating Department Head:
Maebell Brown(Acting) 8207 (from) APPROVED 06/24/03
P171 531200 070171300010 $203,455.00
Additional Information Contact:
Maebell Brown(Acting) 8207