HomeMy WebLinkAboutContract 30187 ,,f T Y SECRETARY—�f
NO. 1L
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Freese &Nichols,
Inc., (the "ENGINEER"), for a PROJECT generally described as: Water C'Tard .ns, Water P ,m�ing
Sys ems Assessment
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) 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 1, 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 of
such suspension of 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. The CITY
shall furnish such surveys, tests, and investigations, 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 the 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
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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 a
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.
1. 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.
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
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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.
(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.
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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
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit basis
OR
$250,000 Property Damage
$500,000 Bodily injury per person per occurence
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease-policy limit
$100,000 disease- each employee
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Professional Liability
$1,000,000 per occurrence
$2,000,000 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.
(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.
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(1) The Commercial General Liability insurance policy shall have no exclusions
by endorsements unless the CITY in writing approves the exclusions.
(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 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 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.
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(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
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 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
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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 Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the generation,
treatment, storage, or disposition of such materials. In consideration of the
associated risks that may give rise to claims by third parties or employees of City,
City hereby releases ENGINEER from any damage or liability related to the
presence of such materials.
(2) The release required above shall not apply in the event the discharge, release or
escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER's negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article N.E.
regarding the ENGINEERS 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.
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(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.
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
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
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PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the
CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER.
D. Termination
(1) The CITY may terminate this AGREEMENT for convenience on 30 days' written
notice. Either the CITY or the ENGINEER may terminated 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;
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_inju ,-including
death, caused solely by the negligence or willful misconduct of the ENGINEER, its
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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 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).
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(2) Any award greater than $50,000, exclusive of attorneys 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 it is issued. If either party files litigation 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.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
a
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
Attachment B - Compensation
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ATTEST: CITY OF FORT WORTH
12k ",L By: -Z -
lvia Glover Libby Wa on
451 Acting City Secretary Assistant City Manager
APPROVED AS TO FORM APPROVAL RECOMMENDED
AND LEGALITY
Assistant City Attorney R hard Zavala,Jr., Director
P s and Community Services
Department
contract authorizatioli
Date ENGINEER a
ATTEST: Freese&Nichols, Inc.
By�
rpor
4 Secretary Robert Pence,P. E.
President
FREESE & NICHOLS, INC. •
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ATTACHMENT A
GENERAL SCOPE OF SERVICES
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREE§E AND NICHOLS, INC.
FOR
OPERATIONAL ASSESSMENT AND ALTERNATIVE EVALUATIONS FOR
THE ACTIVE POOL AREA OF THE FORT WORTH WATER GARDENS
GENERAL SCOPE OF SERVICES
SECTION 1 —INTRODUCTION
The project consists of engineering services related to an operational assessment and alternative
evaluation of the Active Pool water system area of the Fort Worth Water Gardens. The purpose of
the project is to assist the City to determine the water recirculation system operating conditions
during the incident of June 16, 2004, and to identify and evaluate options for modifications to
improve public safety related to the water recirculation system. The scope of services is presented as
basic services and additional services. The basic services are separated into three (3) phases:
• Phase I—Assessment of the Active Pool Water System Operation
• Phase II—Field Testing & Verification
• Phase III—Evaluation of Alternatives for Modifications to the Active Pool
The basic services cover the elements required for the project that are authorized by the execution of
the contract. The additional services are the work elements that could be required and are identified
in the contract but are not authorized until FNI is given additional written approval by the City. A
list of deliverables to be produced under the basic services and schedule for completion of the project
are attached as Exhibits 1 and 2 respectively.
SECTION 2 - BASIC SERVICES
This section describes the services FNI will provide as basic services. A list of deliverables to be
produced by FNI under the Basic Services Scope of Work is presented as Exhibit 1.
PHASE I—ASSESSMENT OF THE ACTIVE POOL WATER SYSTEM OPERATION
A. DATA GATHERING
1. Attend Project Kick-off Meeting with City representatives.
2. Initial Site Visit to the Active Pool at the Water Gardens.
Attachment A-I Revised 6-27-04
3. Review design documents, construction plans and specifications, Operations and
Maintenance Manual for the facility.
4. Review photographic and video records of the incident for the purposes of determining
the operating conditions at the time of the incident.
5. Review eye witness statements for the purpose of determining the operating conditions at
the time of the incident.
6. Attend up to 6 meetings with City Staff.
B. OPERATIONAL ASSESSMENT
FNI will review the operating procedures and conditions at the time of the incident to assess
the following:
1. Operating procedures at the time of the incident versus the operating procedures(if any)
specified by the designers.
2. Operating conditions at the Active Pool at the time of the incident, including the
following:
a) Theoretical pumping rate of Effect Pump 1 and Effect Pump 2(EP-1 and EP-2)
b) Initial static and steady state water depth in the Active Pool
c) Theoretical velocities at various levels within the Active Pool including at the
inlet grate of the effect pump suction line from the Active Pool
PHASE II —FIELD TESTING & VERIFICATION
FNI will perform field testing for the purposes of verifying the actual operating conditions versus the
theoretical analysis performed in Phase I. If requested by the City, these services will include:
A. DEVELOP A FIELD TESTING PROTOCOL
1. FNI will develop a written protocol for simulating the operating conditions anticipated by
the original designers and the operating conditions at the time of the incident to compare
field conditions versus theoretical conditions estimated in Item B-2, including the
following:
a) Pump discharge rate (EP-1 and EP-2).
b) Initial static and steady state water level in the Active Pool.
c) Velocities at various locations at the intake grating of the effect pump suction
line from the Active Pool.
2. FNI will identify testing methods and furnish test equipment for measurement of the
following parameters:
a) Pump discharge rate from EP-1 and EP-2 (using portable, temporary flow
meters).
b) Initial static and steady state water level in the Active Pool (using conventional
land surveying equipment).
c) Velocity at the effect pump inlet grate(using portable velocity instrumentation).
3. FNI will plan, organize and conduct testing at the following conditions:
a) At the operating conditions anticipated by the designers.
Attachment A-2 Revised _27 4
b) At approximately the same operating conditions that existed at the time of the
incident.
B. DATA ANALYSIS AND PRELIMINARY REPORT
FNI will analyze the data and prepare a preliminary report summarizing the results of the
field testing and comparing the results of the field testing against the theoretical assessment
conducted as part of Phase I. These services shall ipclude:
1. Analyze the data developed from the work performed under Phase II, Part A.
2. Prepare a preliminary report summarizing the technical approach, testing protocol and
results of the field testing and verification, and comparing the results of the field testing
to the Operational Assessment performed in Phase I.
3. Prepare materials for, and conduct one briefing for City Staff.
4
PHASE III—EVALUATION OF ALTERNATIVES FOR MODIFICATIONS TO WATER
RECIRCULATION SYSTEM AT THE ACTIVE POOL
A. ALTERNATIVE EVALUATION
Based on the results of the work performed in the preceding sections,develop alternatives for
physical and/or operating procedures modifications specifically related to the Active Pool
recirculation pumping system to possibly reduce any identified risk of personal injury during
normal operations of the facility.
1. Develop conceptual sketches and descriptions of alternatives for review by City Staff and
City's Architectural Consultant.
2. Prepare materials for and conduct a workshop style meeting with City Staff and
Architectural Consultant to discuss alternatives for modification of the facilities.
3. Prepare Engineer's Opinion of Probable Project Costs for alternatives identified as
feasible during the workshop.
B. FINAL REPORT
1. Prepare a draft final report summarizing the results of the Operational Assessment,Field
Verification Testing, and Alternative Evaluation, including conclusions and
recommendations.
2. Prepare materials for and conduct one briefing for City Staff.
3. Prepare materials for and attend one briefing for City Council to present the Final Report
and answer questions.
4. Prepare final report incorporating comments from City Council and City Staff.
SECTION 3 - ADDITIONAL SERVICES
Attachment A-3 Revised 6-27-04
Additional services are those services not included in the basic services which maybe provided by
Freese and Nichols if so authorized by the City of Fort Worth.
A. Assisting the City with matters relating to litigation.
C. Reviewing or evaluating areas of the Fort Worth Water Gardens other than the Active Pool
area.
D. Evaluating the Fort Worth Water Gardens for compliance with Local, State or National
building codes, Americans with Disabilities Act, or other such requirements.
E. Preparing Preliminary or final engineering design of improvements to the Water Gardens.
F. Developing an Operations Manual for the Active Pool Water Recirculation System.
Attachment A-4 Revised 6-27-04
EXHIBIT 1
LIST OF DELIVERABLES
PHASE I — ASSESSMENT OF THE ACTIVE POOL WATER SYSTEM OPERATION &
PHASE II—FIELD TESTING AND VERIFICATION
1. Draft and Final Field Testing Protocol(15 copies each)
2. Draft and Preliminary Report (15 copies)
3. Presentation to City Staff
4. Materials to support City Staff with presentation to City Council (if requested by City)
PHASE III—ALTERNATIVE EVALUATION
1. Draft and Final Report(15 copies each)
2. Presentation to City Staff
3. Materials to support City Staff with presentation to City Council
4. Materials to support City Staff with presentation of Final Report at a Public Meeting (if "1
requested by City)
5. Materials to support City Staff with development of a Press Release summarizing FNI's Final
Report (if requested by City)
Attachment A-5 Revised 6-27-9-4
EXHIBIT 2
SCHEDULE
Estimated Estimated
Task Start Completion
Initial Meetings and Data Review 6/21/04 6/25/04
Operational Assessment 6/25/04 6/29/04
Develop Field Testing Protocol 6/21/04 6/29/04
Conduct Field Testing 6/30/04 7/1/04
Analyze Data and Develop Alternatives 7/2/04 7/5/04
Workshop with City Staff&Architectural Consultant 7/7/04
Draft Final Report 7/15/04 "
Presentation to Staff 7/16/04
Final Report 7/22/04
Attachment A-6 Revised 6-27-04
ATTACHMENT B
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR y
OPERATIONAL ASSESSMENT AND ALTERNATIVE EVALUATIONS FOR
THE ACTIVE POOL AREA OF THE FORT WORTH WATER GARDENS
COMPENSATION
I. BASIC ENGINEERING SERVICES
For engineering services provided under Attachment A, the City shall pay the Engineer
on a Salary Cost Method, an amount not to exceed Eighty Seven Thousand Seven
Hundred Twenty Six and 00/100 dollars ($87,726.00), according to paragraphs A, B
and C below. The basis for this payment is shown in the attached Schedule of Charges
(Attachment B-1) and Summary of Costs (Attachment B-2).
A. Labor: The engineer shall be compensated for the services of his personnel on the basis
of Salary Cost times 2.30 for the time such personnel are directly utilized on the work.
Resident representative services shall be compensated on the basis of Salary Cost times
2.00.
Salary cost is defined as the cost of salaries (including sick leave, vacation, and holiday
pay applicable thereto) plus unemployment, excise, and payroll taxes; and contributions
for social security, employment compensation insurance, retirement benefits, and medical
and other insurance benefits.
The salaries of any personnel assigned are subject to reasonable modification by the
Engineer throughout the term of this Agreement; however, such modifications will not
affect the upper limit value of this Agreement.
B. Other Incidental Direct Costs: The Engineer shall be compensated at his cost plus 15%
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, but are not limited to: air fare, automobile rental, mileage charges, parking, tolls,
taxi, meals, lodging, telephone, printing and reproduction costs, computers and word
processors, postage and mailing costs and other miscellaneous costs incurred specifically
for this project.
9
B-1 ! FN1
City �_
C. Sub-consultant Services: For all sub-consultant services, the Engineer shall be
compensated at his actual sub-consultant cost plus 15%.
II. ADDITIONAL SERN ICES
For Additional Services provided outside the scope defined in Attachment A, as approved
by an amendment to this Agreement, the City will pay the Engineer for labor, other
incidental direct costs and sub-consultants on the same basis as described in Paragraph I
of this Attachment.
B-2 FNI
City
COMPENSATION
COST TIMES MULTIPLIER WITH MAXIMUM FEE LIMIT OPTION
A. Not to Exceed: The total fee for Basic Services in Attachment "A" shall be computed on the basis of
the Schedule of Charges but shall not exceed Eighty Seven Thousand Seven Hundred Twenty Six
and 00/100 dollars ($87,726.00). If FNI sees the Scope of Services changing so that Additional
Services are needed, including but not limited to those services described as Additional Services in
Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional
services shall be computed based on the Schedule of Charges.
B. Schedule of Charges:
Staff Member Salary Cost Times Multiplier of 2.3
Resident Representative Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay
applicable thereto) plus unemployment and payroll taxes and contributions for social security,
employment compensation insurance, retirement benefits, medical and other insurance, and other
miscellaneous benefits.
a`
Other Direct Expenses Actual Cost Times Multiplier of 1.15
Other direct expenses shall include outside printing and reproduction expense, communication
expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous
expenses directly related to the work, including costs of laboratory analysis, test, and other work
required to be done by independent persons other than staff members. For CAD services performed
In-house by non-FNI employees where FNI provides workspace and equipment to perform such
services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the
cost to FNI if an FNI employee was performing the same or similar services.
Rates for In-house Services
Computer Printin
$10.00 per hour Black and Write
$0.10 per copy
Plotter Color
Bond $ 2.50 per plot $0.50 per copy
Special $ 5.00 per plot
Binding
$5.75 per book
Testing Apparatus
Density Meter $350.00 per month
Gas Detection $ 10.00 per test
B-3 FNI
City
ATTACHMENT C
CHANGES AND AMENDMENTS TO
STANDARD AGREEMENT
No Changes to Standard Agreement
i
Attachment C-1
�V � �• I
[OFF97041]C:\AAA RANDLE FILES\WATER GARDENSUUNE 16 2004\ATTACH A-SCOPE OF WORK-MARKED DRAFT.DOC
j 4�
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/6/2004 - Ordinance No. 16031
DATE: Tuesday, July 06, 2004
LOG NAME: 80WG1 REFERENCE NO.: C-20145
SUBJECT:
Supplemental Appropriation Ordinance and Award of Contract to Freese and Nichols, Inc. for
an Operational Assessment and Alternative Evaluations for the Active Pool of The Fort Worth
Water Gardens
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental ordinance increasing appropriations in the General Fund by
$87,726.00 and decreasing the unrevised, undesignated fund balance by the same amount; and
2. Authorize the City Manager to execute an agreement with Freese and Nichols, Inc., in the amount of
$87,726.00 for the operational assessment and alternative evaluations for the Active Pool of The Fort Worth
Water Gardens.
DISCUSSION:
As a result of the tragic loss of life at The Fort Worth Water Gardens on June 16, 2004, it is necessary to
analyze and assess the operations of the Active Pool Area. This contract will provide for three phases:
Phase I - Assessment of the Active Pool Water System Operation. Phase I will include review of
existing documents, existing infrastructure and will assess the operating conditions of the Active Pool at the
time of the incident.
Phase II-Field Testing and Verification. Phase II will include development of written testing protocols
simulating operating conditions of the original design depth. It will provide for testing of pumps and pool
levels as well as velocities of the water encountered in the system. Tests will be conducted on the
operating conditions anticipated in the original design and at the approximate conditions of the Active Pool
at the time of the incident. The test data will be analyzed and assessed for inclusion in the preliminary
report and for use in Phase III.
Phase III — Evaluation of Alternatives for Modification to the Active Pool. Phase III will provide
alternative solutions for physical and operational procedure modifications as they relate to the Active Pool.
Freese and Nichols Inc. will work with Komatsu Architecture to develop conceptual sketches for
descriptions of alternatives for possible modifications to the facility. Cost estimates of any potential
modifications will be provided.
Schedule:
Initial meetings on site ................................June 18, 2004
Operational Assessment, week of.............. June 28, 2004
Develop and conduct field tests, week of... June 28, 2004
Logname: 80WG1 Page 1 of 2
Analyze data and alternatives, week of.......July 05, 2004
Draft report................................................. July 15, 2004
Final report..................................................July 22, 2004
The Fort Worth Water Gardens is a facility that serves the entire City and is located in City
Council District 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached supplemental appropriation ordinance,
funds will be available in the current operating budget as appropriated of the General Fund. The
unreserved undesignated fund balance of the General Fund will be $35,202,794 after this appropriation.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0807051 $87,726.00 GG01 539120 0807051 $87,726.00
Submitted for City Manager's Office by Libby Watson (6183)
Originating Department Head: Richard Zavala (5704)
Randle Harwood (5744)
Additional Information Contact: Richard Zavala (5704)
Randle Harwood (5744)
Logname: 80 WG 1 Page 2 of 2