HomeMy WebLinkAboutContract 31982 CITY SECRETARY_
CITY OF FORT WORTH, TEXAS CONTRACT NO.
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Camp
Dresser and McKee, Inc. (CDM), (the "ENGINEER"), for a PROJECT generally described
as: Expansion of Northside Pump Station
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 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. 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
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
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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.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
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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
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non-owned when said vehi ate—is—aused4 the.
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course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and shall
contain a retroactive date prior to the date of the contract or the first date of
services to be performed, whichever is earlier. Coverage shall be maintained
for a period of 5 years following the completion of the contract. An annual
certificate of insurance specifically referencing this project shall be submitted
to the City for each year following completion of the contract.
(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 in 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 forty-five (45) 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
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Texas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
(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.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions.
Q) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be coincident with or prior
to the date of the contractual agreement. The certificate of insurance
shall state both the retroactive date and that the coverage is claims-
made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
(1) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance.
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
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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 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
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
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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 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 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.
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H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by
the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGI,NF_EF3.'s t_of or_fi, e
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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 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) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
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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.
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
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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 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. _.
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Article vii
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Exhibit B-1 - Cost Summary
Attachment C - Amendments to Standard Agreement for Engineering Services (not used)
Attachment D - Schedule
Executed this the day of , 2005.
ATTEST: ITY F FORT W TH
B0
Marty HendrixCl Marc A. qtt
City Secretary Assistan City Manager
-�-a X79
Contract Authorizatiox
ID- 11- 'a, APPROVAL RECOMMENDED
Date
S. FRANK CRUMB, P.E.
ACTING WATER DIRECTOR
APPROVED AS TO FORM EGALITY
--- I�L f
Assistant Ci tt ney
CAMP RESSE & McKEE INC.
ENG EER
.o
By:
Richard W. Sawey, P.E., DEE
Vice President
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ATTACHMENT "A"
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND CAMP DRESSER & McKEE INC.
FOR
EXPANSION OF NORTHSIDE PUMP STATION
The following is a clarification of the tasks that the ENGINEER will perform under Standard
Engineering Agreement. Work under this attachment includes engineering services for water
system improvements for the following:
Expansion of Northside Pump Station including the addition of two horizontal split case
pumps, motors, associated valves, fittings and piping, SCADA, and electrical.
Upon receipt of notice to proceed, the ENGINEER will conduct preliminary design tasks including
coordination with the local electrical utility company, perform detailed design, prepare construction
contract documents, and provide assistance during bidding and construction including field
demonstration testing for SCADA, for the expansion of Northside Pump Station. The work is
performing the following tasks:
• Preliminary Design
• Final Design
• Bidding Phase Services
• Construction Phase Services.
1. Preliminary Design
The purpose of this task is to determine the optimum capacity of the new pumping units
for the Northside Pump Station. The following subtasks will be performed:
a. ENGINEER will conduct a kick off meeting with the City Staff and CDM staff to
established protocol and lines of communications, gather all available documents
pertinent to the project, discuss project scope and schedule and develop the
parameters for the pump station sizing and design.
b. The ENGINEER shall submit a progress schedule after the design contract is fully
executed. The schedule shall be updated and submitted to the CITY along with
monthly progress reports as required under Attachment B of the contract.
c. Evaluation of current pump operations will be performed by ENGINEER for existing
and future conditions. Flow and pressure data will be collected from Fort Worth's
SCADA system. This information will be input into the City's most recent NSII
pressure plane hydraulic model and evaluated for existing and one future condition.
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System head curves for the future conditions will be developed to determine
appropriate pumping parameters.
d. A technical memorandum documenting the study phase will be submitted in draft
and final form to the Staff. One review meeting will be held to discuss the City's
comments.
e. CDM will develop design drawings and specifications for purposes of bidding the
project for construction. In the preliminary design phase the drawings will be
completed to the 30%.
f. Coordination with the Electrical Service Utility Company will be performed for service
requirements for the pump station expansion. A total of 40 hours is included for this
task.
g. ENGINEER will not perform field topographic surveys since the addition of the
pumps are in an existing structure. Record Drawings from the original construction
will be used as needed.
h. The ENGINEER shall submit a preliminary estimate of probable construction cost
with the preliminary plans submitted. ENGINEER shall assist City in selecting the
feasible and/or economical solutions to be pursued.
i. The ENGINEER shall meet with CITY to discuss review comments for preliminary
submittal. The CITY shall direct the ENGINEER in writing to proceed with Final
Design for Final Review.
j. Modifications to the ground storage tank, vaults, elevated storage tank, and building
are not considered in this scope and fee.
2. Final Design
Documents (plans and specifications) for the project will be developed for review
purposes at the 60% and 90% completion levels. Final contract documents will be
provided for bidding. The major items included in the expansion design include:
a. Additional power supply to the site and associated switchgear and necessary
electrical items.
b. Two additional split case pumping units with motors, pump control valves, suction
and discharge piping.
c. SCADA for the additional pumping units.
d. Modifications to the ground storage tank, vaults, elevated storage tank, and building
are not considered in this scope and fee.
e. The ENGINEER shall submit a final estimate of probable construction cost with the
final plans submitted.
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f. Following CITY approval of the recommended improvements, the ENGINEER shall
prepare final plans and specifications and contract documents to CITY (each plan
sheet shall be stamped, dated, and signed by the ENGINEER registered in State of
Texas) and submit two (2) sets of plans and construction contract documents within
15 days of CITY's final approval. Plan sets shall be used for Part C activities.
3. Bidding Services
Under this task, CDM will perform the following services:
a. The ENGINEER will make available for bidding, upon request by the CITY, up to ten
(10) paper sets, one reproducible set, and up to fifty (50) electronic copies of the
final approved and dated plans and specifications and contract documents for the
projects to the CITY for distribution to potential bidders. Proposal will be delivered in
electronic format.
When transferring data in electronic media format, CONSULTANT makes no
representation as to long term compatibility, usability, or readability of documents
resulting from the use of software application packages, operating systems, or
computer hardware differing from those used by CONSULTANT at the beginning of
the Project. Because the data stored in electronic media format can deteriorate or be
modified inadvertently or otherwise without authorization of the data's creator, the
party receiving electronic files agrees that it will perform acceptance tests or
procedures within 60 days, after which the receiving party shall be deemed to have
accepted the data thus transferred. Any errors detected within the 60-day
acceptance period will be corrected by the party delivering the electronic files.
CONSULTANT shall not be responsible to maintain documents stored in electronic
media format after acceptance by Owner. The original hard copy of the documents
containing the professional engineer's seal shall take precedence over the electronic
documents.
b. Engineer shall attend the scheduled pre-bid conference.
c. The ENGINEER shall assist the CITY during this phase including preparation and
delivery of any additional addenda prior to bid opening to plan holders and respond
to questions submitted to DOE by prospective bidders.
d. The ENGINEER shall assist in reviewing the bids for completeness and accuracy.
The ENGINEER shall attend the project bid opening, develop bid tabulations in hard
copy and electronic format and return four (4) copies of the bid tabulation, along with
the contract documents to the City within three (3)working days after bid openings.
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4. Construction Phase Services
a. The ENGINEER shall assist City in conducting a preconstruction conference with
General Contactor.
b. The ENGINEER shall review shop drawings and other submittals, up to 12 shop
drawings submittals.
c. The ENGINEER shall respond to questions and requests for information received
from the Contractor in writing.
d. The ENGINEER shall prepare one change orders if necessary.
e. The ENGINEER shall prepare record drawings for the project.
f. The ENGINEER shall provide part-time on-site construction inspection, up to 120
man-hours.
g. The ENGINEER shall attend the Field Demonstration Testing, up to 30 man-hours)
h. The ENGINEER shall submit a final set of mylar drawings for record storage as
follows:
L All sheets shall be standard size (22" x 34") with all project numbers (Water
Department prominently displayed.
ii. Signed plans sets shall also be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher) file. Each PDF file shall contain all associated
sheets of the particular plan set. Singular PDF files for each sheet of a
plan set will not be accepted. PDF files shall conform to naming
conventions as follows: Water file name example — "X-35667—org36.pdf'
where "X-35667' is the assigned file number obtained from the City of Fort
Worth, "—org" designating the file is of an original plan set, "36" shall be the
total number of sheets in this file. Example: X-12755 org18.pdf
PDF files shall be submitted on one (1) Compact Disk, which will remain with
the City of Fort Worth. Floppy disks, zip disks, e-mail flash media will not
be accepted.
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ATTACHMENT "B"
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND CAMP DRESSER & McKEE INC.
FOR
EXPANSION OF NORTHSIDE PUMP STATION
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 $238,500.00
according to paragraphs A, B and C below.
A. Labor. The engineer shall be compensated for the services of his
personnel on the basis of Salary Cost times 2.266 for the time such
personnel are directly utilized on the work.
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 10% for all costs other than salary costs that are incurred
pursuant to this Agreement, but which are not normally included as part of
the Engineer's overhead. These costs include, 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.
C. Subconsultant Services. For all subconsultant services the Engineer shall
be compensated at his actual subconsultant cost plus 10%.
NSPS Expansion May 13,2005
II. ADDITIONAL SERVICES
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 Subconsultants on the same basis as
described in Paragraph I of this Attachment "B".
END OF ATTACHMENT "B"
NSPS Expansion May 13,2005
EXHIBIT "B-1"
COST SUMMARY
FOR
EXPANSION OF NORTHSIDE PUMP STATION
MWBE FEE MWBE
Task Total Fee Electrical Instrument. %
Preliminary Design $ 72,800 $ 3,600 $ 3,300 9.48%
Final Design $ 103,200 $ 18,000 $ 13,260 30.29%
Bidding Phase Services $ 8,500 $ 3,375 $ 1,080 52.41%
Construction Phase Services $ 46,000 $ 14,550 $ 6,120 44.93%
Expenses/Mark-up on Subs $ 8,000 $ 475 5.94%
$ 238,5001 $ 39,525 $ 24,235 26.73%
MWBE: Gupta and Associates, Inc.
Electrical and Instrumentation 5430 Alpha Rd. Ste. 200
Dallas, TX 75240
ATTACHMENT "D"
TO AGREEMENT FOR ENGINEERING
CITY OF FORT WORTH AND CAMP DF
FOR EXPANSION OF NORTHSIDE PUII
Task April °h April May June July
Preliminary Design Phase
Notice to Proceed
Coordination with Electrical Utility
Kick-off Meeting
Preliminary Design
Submittal of Technical Memorandum
Review Meeting with City Staff
Final Design Phase
Design Phase to 90% complete
Submittal of Plans (90% complete)
Review Meeting with City Staff
Design Phase 90%to 100%complete
Submittal of Plans (100% complete)
Review Meeting with City Staff
Incorporate Comments
Bidding/Construction
Advertisement/Furnish Bid Documents
Pre-Bid Conference
Bid Opening
Award
Pre-Construction Conference
Construction
Pumps Operational-Testing
Record Drawings
Record Drawings
CDM 0515-46014 6/16/2005 5:33 PM
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/7/2005 - Ord. #16467-06-2005 & 16468-06-2005
DATE: Tuesday, June 07, 2005
LOG NAME: 60NORTHSIDE REFERENCE NO.: **C-20779
SUBJECT:
Adopt Appropriation Ordinances and Authorize Execution of an Engineering Agreement with Camp
Dresser & McKee, Inc. for the Expansion of the Northside Pump Station
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Retail Water
Impact Fee Account by $205,110.00 from available funds;
2. Authorize Transfer of the $205,110.00 from the Retail Water Impact Fee Account to the Water Capital
Project Fund;
3. Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Water
Capital Project Fund in the amount of$205,110.00 from available funds; and
4. Authorize the City Manager to execute an engineering agreement with Camp Dresser & McKee, Inc.
for the design of the expansion of the Northside Pump Station for a fee not to exceed $238,500.
DISCUSSION:
The Northside Pump Station was completed in 2004 as part of a series of projects to increase water
transmission to north Fort Worth and its wholesale customers. It is now necessary to expand this pump
station to meet long-term demands for this growing area.
Camp Dresser & McKee, Inc. will provide water distribution system modeling, which will develop the
required pump station improvements and will prepare construction plans and specifications for the
recommended improvements. Also, the engineer will provide specialized inspection and SCADA system
testing support during construction.
On May 18, 2004, (M&C G-14635) the City Council adopted the Land Use Assumptions, Capital
Improvements Plan and Impact Fees for water and wastewater. The Northside Pump Station is listed in the
Capital Improvements Plan as eligible for partial impact fee funding.
In addition to the authorized amount, $31,500 is required for staff review and support.
This project is located in COUNCIL DISTRICT 2.
M/WBE- Camp Dresser & McKee, Inc. is in compliance with the City's M/WBE Ordinance by committing to
26% M/WBE participation. The City's goal on this project is 19%.
Logname: 60NORTHSIDE Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and completion of recommendation 1 and adoption of
the appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the
Water Capital Project Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1)PW53 488023 060530200050 $205,110.00 2)PW53 538070 060530200050 $205,110.00
1)PW53 538070 060530200050 $205,110.00 4)P264 531200 602160023230 $238,500.00
2&3)P264 472053 602160023230 $205,110.00
3)P264 531200 602160023230 $205,110.00
Submitted for City Manager's Office bk Marc Ott (8476)
Originating Department Head: S. Frank Crumb (Acting) (8207)
Additional Information Contact: S. Frank Crumb (Acting) (8207)
Logname: 60NORTHSIDE Page 2 of 2