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Home My WebLink AboutContract 35351�, . , ' �E�Y �[-,(�'.��`ir�a��4( ';; � — �, �� ` � �� `�''� � ' -.- —_ —_ — - CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Deltatek Engineering, Inc., (the "ENGINEER"), for a PROJECT generally described as: Desiqn and Construction Manaqement for Repaintinq of Interior and Exterior of 6 0 Million Gallon Clear Well Nos. 6& 7 at the South Hollv Water Treatment Plant. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. A�i�le EI 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 compl�tion pf �ervi�es enumer�ted in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof, No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving seven (7) days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. : l ;'l -.-, _ -„ F,�. > �� ,; ,�.,�;;� . ;: . i ,; _,.,:-� riJ q ,, � , •.� 1r,a '�,� , � —1— � �'�'J�\li' ';`.'c� i;}"�'i��'`—�I�(\L c: �q �., ..,.��fPlf' rJ�)( ��SXar.,,'�� i �I i i �� :��:;::ur•,, �1'�;:� Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER wili 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 the 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 a�tual characteri�tics m�y 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. j ( I � ;,," �I J ��r �l� l. :� J )'.. � �-� c�.. �`.``�f 1 ��l j'�r :�':, '1;1�5��=��:�� -2- ��1 ��,','�y..uJl'g ��,�'�� ... 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 e�ent 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 condition�; time or qualify of performance by third parties; quality, type, management, .. J , . � .. ..� .... .. � ..- i -�J- � •�( � i;1r/',IGi 5 i ",�,4 �v J J�� ,? 2l� ,��'��r'` ��: �� 't�� .�'��''li�ufl� �!��t, 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 ha 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 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. �. �!�lOt'!�;/ �!?�1 Wp!??�t? R�ci!�e�S �tltPrr�riS� (MN_VB�1 P�r#iE1��jAC! 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 the CITY shall have access during normal working hours to all nece�sary ENGINEER facilitie� and �hall be provided adequate and appropriate work space in order to conduct audits � = �� ,;1 �` -4- � '<:;r11v _ � �s�:-./r.��,� �:. y � 1j� % ;-��'=;1 y� ,�c7:^, qj I �� ,�J U� ��`:; ?. � �'��.'`� �� V ,'„��;,?��,�� I�� , � �� . � 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. K. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits, which are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim/annual aggregate (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. , ,�'�f �!� � � ;:�vv.�:✓ -5- '�,��1 ;?.��':;-',;��'�,�'�1`.'�tU 'i�� ' :�,�,C 1�'� ��'� it1';;�'i 1. i i ,�'i1.�'fl� ��G4� (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, non-renewal or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to Dale A. Fisseler, P.E., Water Director, 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. (fl Deductible limits, or self-insured retentions, affecting insurance required herein may be acceptable to the CITY at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. (I) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such 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 -6- '� %5 � ,,� .i'r'1�'<�!..� �.�v�9��,'�'' � ��:�5(;�,; ;';,5,�'� ��;�r,��lf �'� � u � �;, �. � , .��'�: lu�.!%� :�.^�{�U n� � l�� '."'v�':;':�i G iti i ��t7� 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. (I) 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 PROJE�T and �usin�� r�l�ti�nshi�� with �butting prop�rty citi�s. 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 de�ign changes so as to comply with publi�hed design criteria and/or current engineering practice standards which the ENGINEER -7- �'rJ � :, ( ' S, , � • ° .�..� J:�; �'1 n✓Jil'' :,;:5 � �� `�: �^• ,_ ,;;` � � � , ;�, �r , �., � t:. J: � 1;'`J i�•, u ,:n ,,,.,� , �7 � il ,rt:,� „i�` �III' IIII �(L',r,� J I;i 'r'.�Jf.�JLI� YUJt�� should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT, Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services and will provide labor and safety equipment as required by the ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment A. �. � , , ,,,�:,, 6 > i='1�''7 �:.� 1: :�.': � v�.,� J,:'J -8- ;,,j �'`�' ��l ��I��';�� l ; � ��• IJ�� ':"' 1'�:I�:�� Li� � 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 of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release the ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess or collect any tax to fund this indemnification. (2) The indemnification and release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if such hazardous substance, contaminant or asbestos is brought onto the PROJECT by the ENGINEER. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver, qf any _ � � � ' iJ —9— �� ,�_ „_.__._.._...� � ,•, � ,-. � 11; S'j� �,9 ' i � :':��'i::��dl'y �Ll•�1� � J. K. right the CITY has to bring a claim against ENGINEER. 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 compreh�n�ive in coverage appropriate to the PROJ�CT risks. 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. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for perFormance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C A. L=� Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The final designs, drawings, specifications and documents shall be owned by the CITY. J : �_ 1 .� N . � � . ,� �l � �(1'_ � ';��v�:�\�I� � � �lyl,'G �..''�.`.�'„'IJ;.S`�L.i^..'1:n�� a '� _.� 5� �'J ��..r,.',p! ��' �! �� 1\ , ��;�;.�:��.L,�.� ��•� � —10— � � E. F. Force Majeure The ENGINEER by acts of God, the ENGINEER. Termination is not responsible for damages or delay in perFormance caused strikes, lockouts, accidents, or other events beyond the control of (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 perfiorm through no faulf ofi the other and does not commence correetion of such nonperFormance with five (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� P!-ior to proceedir.g �4iit� tPrmira±ien SPN!C2�, ±ilA E.R�GIR�EER ��i�! g�.!hl?'llt 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. 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. 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 , -11- F i `v i , J ': : � �._ :� .:� a t('�7�,�� '�ICo ��il5li'�!�'�� 4 "v-'J� l v-.`::%L'� �n :,�;,,��I'nr' �;��) I�II� ��`J yy� I.:Ifti1 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. 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 inediation 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, exclu�ive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award -12- .'i •1}I �. .,,�;�:�,��L��;�� v�� :: ' fi� ::;:�,,`'�ti� ��'�. 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. � 7I � �. ; �� J: I , ;, , � .^I L ; J �:% �v� ,.'� —13— --�}1/,'1j,a—.^-•J�;;,—_ �,,;;;;,,, ��.,:� � Y I� �i� � ':J ' � W� ��a v '�-U, �:��'�'�`i'U��i'� J!��—.��o 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 and Schedule Attachment C — Not Used -14— �_.,. � ,_ , r �'i � � 11��, � 1 � � .,.:�� liV�5�,:, <, ��;;,,.r , � �, j II ��y! �v��;� �.v ��( L � I�, ;�l i' 0 i��, :'`;��;!�'c'UJip ��70 i___� � �� EXECUTED in the City of Fort Worth, this � day of'� , A.D. 2007 ATTEST: CITY OF FOR T i . By: By: Marry Hendrix Marc A. Ott City Secretary Assistant City Manager APPROVED AS TO FORM A� By ATTEST: Deltatek Engineering 14114 Dallas Parkway, Suite 480 Dallas, Texas 75254 By: Bahram Niknam, P.E. President �'._ ��y,� Contract Authorization f��; l , �-�-� ) Date � ;' �__.: - / B /��l c . � � i � t�%;��` _ �- - - v� fl , �S. Frank Crumb, P.E. Director, Water Department , f'i';':�;'..1�:;'`;��..�� f, � �� }�'i �, ��%��? .t:J �;;Jl � ..� :1.` �� ^ �;,1: j7ic`;i �;, ,�'�:';y',`: ��' �Jti ��',:G'�.� Page 12 of 17 ATTACHMENT "A" General Scope of Services Repainting and Renovation of 6.0 MG Clear Well Nos. 6& 7 South Holiy Water Treatment Plant Part 1.0 Renovation Documents 1.01 Deltatek Engineering shall prepare renovation contract documents in accordance with the City of Fort Worth requirements and as recommended by the Evaluation Report submitted by Deltatek Engineering for these facilities. The scope of services shall include plans and specification to perform structural repairs, code compliance per TCEQ & ANSI/AWWA D102-03 Coating Steel Water-Storage Tanks for Potable Water Storage Facilities. Deltatek Engineering shall provide contract administration, construction management, and festing services for this project. The scope of work shall include but not limited to the following: 1. Provisions for repair and rehabilitation of 6.0 MG Clear Well Nos. 6& 7. 2. Provisions for code compliance per OSHA. 3. Operational improvements. 4. Regulatory compliance. 5. Repainting of interior and exterior. Part 2.0 Construction Services 2.01. Deltatek Engineering shall make periodic visits during renovation of this facility. The services shall include on site observation during renovation to ensure compliance with the renovation documents. Additionally, perForm testing required as listed below: • Conduct pre-bid meeting • Assist the City in project advertisement and prepare list of plan holders s Answer questions during advertisement • Attend bid opening • Review bids and maice recommenaation for award • Prepare and execute contract documents • Conduct pre-construction meeting • Surface preparation observation per SSPC sample block • SurFace profile measurements using tape test • Measure surface and dew point temperatures prior to coating application • Review paint mixtures per manufacture's data sheet • Measure wet film thickness of primer, intermediate, & finish coats • Measure dry film thickness of primer, intermediate, & finish coats • Perform Holiday detection tests in tank interiors • Review submittals and shop drawings • Review pay applications and make recommendation for payments • Conduct substantial completion walk-thru and prepare punch list items • Conduct final completion walk-thru and assist the City in project closeout � � i 7� : � .. ,I �-. ', r `- v v : J /',q ^ ;^��"ri��„ii ,ti.• ��• i+ C�'i l �� :7 J� U� .i'r�i`.� I�( � �,II<'; U ,:'(,PID �� `q 2 �;;Y'�;�� 5 i ��e ."'•��:'t �'dl9 �lSG�tv Part 3.0 MWBE Compliance 3.01 Incompliance with the City of Fort Worth Ordinance 15530, Deltatek Engineering to assign 17% of total fee to the Minority firm of Thomas Design Technologies to provide AutoCAD services, on-site field data collection, and as-built plans. Part 4.0 Project Cost Proposal Design Phase 1. Pre-design evaluations and assessment: $14,500.00 2. Preliminary plans and specifications: $79,125.00 3. Final plans and specifications: $26,375.00 Total Compensation: $120,000.00 Construction Phase 1. Construction Services: $30,000.00 Total Compensation: $30,000.00 ,� .- _ �; , , _ � � -, � ; r J �. , ! t �s v".," , �� (',� "j :ar��,�;ir2;,;;u;rsf v��'c �'S':;U:.,,�[>-��.:1 ��p -.�:.,;� �.>,,;��U� i5;7 �� ;`<�'f:��i� ��sU, ATTACHMENT "B" Compensation PROFESSIONAL ENGIN�ERIIVC SERVICES For all professional engineering services included in ATTACHMENT "A", Sections I, of the General Scope of Services, the City agrees to pay the Engineer a lump sum of $120,000.00 II. CONSTRUCTION SERVICES For all professional engineering services included in ATTACHMENT "A", Sections II, of the General Scope of Services, the City agrees to pay the Engineer a lump sum of $30,000.00, III. BASIS FOR COMPENSATION The City shall compensate the Engineer for the various items listed above on either a lump sum basis or reimbursable basis. The Engineer shall be paid monthly based on statements submitted to the City for work accomplished during the preceding month. Monthly Statement for lump sump services will be based upon a reasonable estimation of percent complete. Monthly Statement for reimbursable services will be based upon time directly chargeable to the project by the various types of individuals employed by the Engineer in accordance with the rate schedule in effect at the time of the services. Engineer may revise the rate schedule on January 1 of each year. The year 2007 rate schedule is attached. Monthly statements for reimbursable services perFormed by sub consultants will be based upon the actual cost to the Engineer plus fifteen percent (15%). Actual out-of-pocket expenses for services associated with paragraph II above that are incurred during the progress oi ihe projeci wili be compensated qy tne Ciiy at ihe cngineer's cosi plus iineen percent ( i 5%). These may include air fare, automobile rental, mileage charges, parking, toll, taxis, meal, lodging, telephone, printing, reproduction and other direct cost incurred specially for this project. For services associated with paragraph II above, miscellaneous direct expenses such as photo copies, travel less than 100 miles round trip, etc shall be accounted for and compensated at six and one quarter percent (6-1/4%) of the actual hourly billing rate of the Engineer's employees on the project: IV. 2007 RATE SCHEDULE Position Hourl Rate Pro�ect Princi al $175.00 Senior En ineer $130.00 Desi n En ineer $100.00 Desi n Technician $90.00 CADD Technician $60.00 Senior Field Technician $60.00 Field Technician $55.00 Clerical $55.00 �., r �.:J� � ��•;�:., � ;5�' �'... �� I; i� �;; "� �� "�,cl �S�U�i'�i?r�,i �`,_; : �! U .. � �� ' q :�` u `��'��•'��' ^� �I t�! i �I�L�`,e � +' �- HP Plotter Bond Vellum Mylar Prints Bluelines Copies Copies GBC Binding Reproduction & Services $1.85 per plot $3.78 per plot $9.25 per plot $0.05 per square foot $0.05 per single side copy $0.10 per double side copy $1.85 per book � . �, � ., .�. :-;:.� ,. � °:� �1�J�� +1 ��Sc -( �o,�i,� �✓a �:�JG-. 1su�i�:.%:t.✓ �I �.,�:.n•-�•, ^ �`J�J,Ii ] �.�ij�, �,'!if'P/ ,�� , �� :s ��-��. �1 U: ��v'J:�Ji� ULG�:� Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/1/2007 - Ordinance No. 17527-05-2007 DATE: Tuesday, May 01, 2007 LOG NAME: 60S HOLLY REFERENCE NO.: **C-22095 SUBJECT: Authorize Execution of an Engineering Agreement with Deltatek Engineering for the South Holly Water Treatment Plant Clearwell No. 6 and No. 7 Rehabilitation and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $160,000.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $160,000.00, from available funds; and 3. Authorize the City Manager to execute an engineering agreement with Deltatek Engineering in the amount of $150,000.00 for the South Holly Water Treatment Plant Clearwell No. 6 and No. 7 Rehabilitation. DISCUSSION: The South Holly Water Treatment Plant includes clearwells No. 6 and No. 7 that store finished water to be pumped into the distribution system. Each clearwell has a storage volume of approximately six million gallons. The clearwells were built in 1956 and were last repainted in 1989. This winter, each tank was completely drained and inspected. It was determined during this inspection that the existing coating has reached the end of its serviceable life and needs to be recoated. As part of the work, Deltatek Engineering will prepare plans and specifications for the removal of the existing paint system, recoating both the exterior and interior of the tank with a new coating system, minor structural improvements identified during the tank inspection, and perform construction management services. Deltatek Engineering is in compliance with the City's M/WBE Ordinance by committing to 17 percent M/WBE participation. The City's goal on this project is 17 percent. In addition to the contract cost, $10,000.00 is required for managing and review of the plans and specifications. http://www. cfwnet. org/council�acket/Reports/mc�rint. asp 6/4/2007 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. TO Fund/AccountlCenters 1&2 P264 472045 609180057530 � P264 531200 609180057530 � P264 511010 609180057530 $160, 000.00 $150,000.00 $10,000.00 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/AccountlCenters 1)PE45 538070 0609020 � P264 531200 609180057530 Marc Ott (8476) S. Frank Crumb (8207) S. Frank Crumb (8207) $160,000.00 $150,000.00 http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 6/4/2007