HomeMy WebLinkAboutContract 35271 (2)����}�F ����� 9 ��/^�y(V
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CITY OF FORT WORTH, TEXAS � -� ' �� „� . �
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Freese and
Nichols, Inc., (the "ENGINEER"), for a PROJECT generally described as: Planning,
Design and Construction Phase Services for Rehabilitation/Replacement of the
Eastside 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:
Invoice and Payment
The �ngineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
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
GITY 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 paymerrt in full fo ENGINEER for billings contested
in goad 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 ENGIrNF�h�4# ,h�r�� mo liability to CITY for
delays or damages caused th �R"�Y ,�t�a�ta��
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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 wil! 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 sr�rveys, 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
�he EN�IIVEER will provide to the CI�'Y 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 tha� the PROJECT described herein.
ENGINEERING AGREEMENT
August2006
Page 2 of 15
E.
F.
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 ths construction site to become familiar with the
progress or quality of the completed work on the PRO,lECT 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 Scop� of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and perforrr�ance criteria to be required in the Contract Documents.
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 tinne of preparation, in accordance with
Attachment A.
(2) In providing opinions af cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGlNEER has no
control over cost or price . of labor and materials; unknown or latent
ENGINEERING AGREEMENT
August 2006
Page 3 of 1,5
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or quality of performance by third parties; quality, type, management,
or direction of operating personnel; and other economic and operational
factors that may materially affec� 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 fVo. 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.
ENGINEERING AGREEMENT
August 2006
Page 4 of 15
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under
the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that
the CITY shall have access during normal working hours to all
subconsultant facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions of
this article together with subsection (3)hereof. CITY shall give subcon-
sultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident
or
$250,000 property damage
$500,000 bodily injury per person per accident
ENGINEERING AGREEMENT
August 2006
Page 5 of 15
A commercial business auto policy shall provide coverage on "any auto", defined as autos
owned, hired and non-owned during the course of this 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
$2,000,000 aggregate
Professional Liability Insurance shall be written on a project specific basis. The
retroactive date shall be coincident with or prior to the date of this contract and the
certificate of insurance shall state that the coverage is claims-made and the retroactive
date. The insurance coverage shall be maintained for the duration of this contract and for
five (5) years following completion of the contract (Tail Coverage). An annual certificate
of insurance shall be submitted to the City for each year following completion of this
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 according to items section K.(1) and K.(2) of this
agreement are provided under applicable policies documented
thereon.
(c) Any failure on
documentation
requirements.
part of the CITY to request required insurance
shall not constitute a waiver of the insurance
(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.
ENGINEERING AGREEMENT
August 2006
Page 6 of 15
(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.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions in writcng.
(j) The CITI' 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.
(k) 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.
(I) 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 �n 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.
ENGINEERING AGREEMENT
August 2006
Page 7 of 15
M.
N.
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 that develop subsequent to the signing of this contract and prior
to final payment under the contract.
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.
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 �0
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 EfVC�INEER's services on the PROJECTo The
EfVGINEER may rely upon the accuracy, timeliness, and completeness of the
informatioro provided by the ClTY.
ENGINEERING AGREEMENT
August 2006
Page 8 of 15
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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.
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, pr 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.
ENGINEERING AGREEMENT
August 2006
Page 9 of 15
(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.
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 connec#ion 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
sfructures 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.
ENGINEERING AGREEMENT
August 2006
Page 10 of 15
(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 AGFdEEIV1ENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, ar� included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will
be at the CITY's sole risk. The final designs, drawings, specifications and
documents shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control of
the ENGINEER.
ENGINEERING AGREEMENT
August 2006
Page 11 of 15
D. Termination
(1) The CITY may terminate this agreement for its convenience on 30 days'
written notice. Either the CITY or the ENGINEER for cause may terminate
this AGREEMENT 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 and hold the CITY
harmless for any loss, cost, or expense claimed by third parties for property
damage and bodily inju�ry, 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 deterrnined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
ENGINEERING AGREEMENT
August 2006
Page 12 of 15
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.
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, 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 s�id ninety (90) day period, the award shall
become null and void and shali not be used by either party for any purpose
in the litigation.
ENGINEERING AGREEMENT
August 2006
Page 13 of 15
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, il�egal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEIVIENT 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 o�dinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered.
ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its
officers, agents and employees from and against all claims or liability arising out of
the violation of any such order, law, ordinance, or regulation, whether it be by itself
or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
ENGINEERING AGREEMENT
August 2006
Page 14 of 15
Executed this the���day of � , 200�:�
ATTEST: CITY OF FORT WORTH
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+' � � ��� � � r�_, � � � .: � �-c �_ - By:
s�J�art�i Hendrix _ r . tt
� City Secretary Assistant City Manager
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rc.�ntrac�. Au hoaria��f��
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APPROVED AS TO FORM
AND L��ALITY �
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Amy J. , s
Assist ' Ci Attorney
ATTEST:
ENGINEERING AGREEMENT
August 2006
Page 15 of 15
APPROVAL RECOMMENDED
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�r�-��' S. Frank Crumb, P.E
� li Director, Water Department
ENGINEER
Freese anc�Nichols, I
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ATTACHMENT A
GENER�iL SCOPE OF SERVICES
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR
PLANNING, DESIGN AND CONSTRUCTION PHASE SERVICES FOR
REHABILITATION/REPLACEMENT OF THE EASTSIDE PUMP STATION
GENERAL SCOPE OF SERVICES
INTRODUCTION
The City of Fort Worth's East Side Pump Station (ESPS) serves a critical function supplying water
to the Eastside II pressure plane. The ESPS equipment has reached the end of its service life and
must be rehabilitated/replaced, and its capacity must be increased to meet projected future water
demands. Freese and Nichols, Inc.'s (FNI) engineering services related to the
rehabilitation/replacement of the ESPS will be divided into four (4) phases. Phase 1 will involve an
operational study and concept design. The operational study will evaluate how the ESPS best fits
into the long range plans for the water distribution system and will determine the required capacity
for present operating conditions and at projected build-out conditions. FNI will identify and
evaluate various alternative operating scenarios and assist the Fort Worth Water Department
(OWNER) in determining whether the ESPS should remain in the same location or whether the
pump station should be moved to a new location. Once a decision is made regarding the optimum
operating regime and pump station location, FNI will prepare conceptual designs and a life cycle
cost analysis of the alternatives pump station configurations. FNI will prepare a final concept
design report presenting the results of the analysis and recommendations.
In Phase 2 of the project, FNI will perform the preliminary and detailed design of the pump station
for the alternative selected by the OWNER. Phase 3 will be the bid phase, and Phase 4 will be the
construction phase. This scope of work defines the detailed scope of work and engineering budget
for Phase 1— Concept Design Phase. A generalized scope of work for Phases 2, 3 and 4 are
presented herein based on typical projects of this type. The final scope of work and compensation
for Phases 2, 3 and 4 will be established upon the conclusion of Phase I and the OWNER's
acceptance of the final concept design report.
R.\contract\2006\Contract�FtWorth\ f�-1 Revised 6/20/06
EastSide Pump Station�Attach A
BASIC SERVICES
FNI shall render the following professional services in connection with the development of the
Proj ect:
A. PHASE I— OPERATIONAL STUDY AND CONCEPTUAL DESIGN
Operational Study
a. Attend a project kick-off ineeting with the OWNER to review the scope of work,
deliverables, financial management, status reporting, communications protocol and
other routine project management issues. A project schedule will be developed and
dates established for workshops, progress review meetings, interim submittals and
final completion of the concept phase.
b. Gather and review available data including SCADA data, maintenance records, as-
built plans, O&M Manual, previous studies, etc.
c. Review updated water demand projections including potential wholesale
supplier/customer relationships with neighboring entities.
d. Develop schematic diagrams of system configurations for the various alternative
supply scenarios identified in Task Alc. Prepare a preliminary assessment of the
supply scenarios on the basis of reliability and operational flexibility.
e. Conduct a workshop with the FWWD to review the alternative supply scenarios and
alternative system configurations. Identify at least three, and no more than 5
alternative supply scenarios for detailed technical and economic evaluation. It is
anticipated that one scenario to be investigated will be relocation of the ESPS to the
Randol Mill site and corresponding adjustments to the Holly/ESII pressure planes.
f. Prepare the water distribution computer model for use in analyzing system operations
for the supply scenarios identified in Task Ale.
g. Perform model runs for all alternatives to identify necessary distribution system
improvements and corresponding pump station capacity to meet projected demands.
h. Prepare a time phased schedule of pump station expansions and dis�ribution system
improvements for each alternative.
i. Prepare planning level opinion of probable project costs for the pump station and
associated distribution system improvements for each alternative corresponding to
the improvements schedule developed in Task Alh.
j. Prepare draft Technical Memorandum No. 1(TM1) presenting the alternative
distribution system configurations and corresponding requirements for the ESPS.
Provide 10 copies of the draft memorandum.
k. Conduct a Warkshop with OWNER to review the alternatives developed and
presented in TM1 and assist OWNER to select an alternative for implementation.
L Incorporate OWNER's comments and results of the workshop and issue 10 copies of
the final TM 1.
R:\contract\2006\Contract�F'tWorth\ A-2 Revised 6/20/06
EastSide Pump Station�Attach A
2. Concept Design
If the selected alternative involves rehabilitating or replacing the pump station at
the e�sting site, FNI will perform the following tasks.
a. Review as-built plans and maintenance records for the existing ESPS. Conduct a site
inspection of the existing pump station in the presence of the FWWD to discuss
operational and maintenance concerns for the existing pump station.
b. Coordinate with TXU regarding power supply issues, including conversion from
2300 V to 4160 V power, alternatives/cost for replacement of main transfarmers and
potential availability of a secondary power feed.
c. Meet with Fort Worth Parks and Community Services to discuss future plans for the
surrounding property, availability of City owned property for pump station
expansion, coordination issues that could impact pump station construction.
d. Prepare conceptual designs for up to three options for renovation/reconstruction of
the ESPS on the existing property. It is anticipated that these alternatives will
E'�'
h.
include:
i. Renovation of the existing building to meet current building codes, and
addressing (insofar as practical) the operations and maintenance concerns
identified by the FWWD.
ii. Reconstruction of the existing pump station in place with a new structure with
adequate headroom for an overhead crane.
iii. Reconstruction of the pump station at different location on the same site or
adjoining City property.
Prepare preliminary opinion of probable project costs for the pump station and
associated distribution system improvements for each alternative corresponding to
the improvements schedule developed in Task Alh.
Prepare a life cycle cost analysis of the alternatives identified above, including cost
of distribution system and pump station improvements (based on improvements
schedule for each alternative developed in task Alh) including projected operating
and maintenance costs.
Prepare draft Technical Memorandum No. 2(TM2) summarizing the findings of the
Concept Design Phase. Provide 10 copies of the draft memorandum.
Conduct a review meeting to present TM2. Incorporate comments as appropriate and
issue 10 copies of final TM2.
If the selected alternative involves relocating the pump station to a different site,
FNI will perform the following tasks.
a. Review aerial photos to identify potential locations for the pump station.
b. Conduct field reconnaissance of potential sites.
c. Conduct a review meeting with FWWD to review potential sites and select up to
three for further evaluation.
d. Coordinate with TXU regarding primary power supply availability, and potential
availability of a secondary power feed to each alternative site.
e. Prepare conceptual level design for t�e pump station for each alternative site showing
building location, access routes, extensions of suction and discharge piping and
ground storage tanks (if applicablej.
f. Prepare preliminary opinion of probable project costs for the pump station and
associated distribution system improvements for each alternative �orres�ond.���- J
the improvements schedule developed in task Alh. ` r `'j � i� ���;��� °� �;�
� �j T
� � � '. 'I'4 ��i�`��
1( �� . / � ��y 1 _I : L
R:\contract\2006\Contract�F'tWorth\ fi-3 ReV1S�C� 6�b�Q� J�jti`I �r��
, II�gUUu �aL1:�
EastSide Pump Station�P.ttach A , a 9
g. Prepare a life cycle cost analysis of the alternatives identified above, including cost
of distribution system and pump station improvements (based on improvements
schedule for each alternative developed in task Alh) including projected operating
and maintenance costs.
h. Prepare draft Technical Memorandum No. 2(TM2) summarizing the findings of the
Concept Design. Provide 10 copies of the draft memorandum.
i. Conduct a review meeting to present TM2. Incorporate comments as appropriate and
issue 10 copies of final TM2.
Concept Design Report
a. Compile Technical Memoranda No. 1 and 2 into a final report format. Provide 10
copies of the draft report.
b. Conduct a review meeting to present the final report. Incorporate comments as
appropriate and issue 15 copies of final report.
c. Upon acceptance of the final report by the FWWD, FNI will develop a scope of work
and engineering budget for preliminary design, final design, and construction phase
services for the proposed improvements.
B. PRELIMINARY AND FINAL DESIGN PHASE
1. Preliminary Design
After OWNER has accepted the Concept Design Report and has issued written
authorization to proceed with the Design Phase, FNI shali:
a. Prepare preliminary design documents consisting of final design criteria, preliminary
drawings and outline specifi�ations.
b. Prepare final criteria for pumping unit selection including number of units, type of
pump, rated points, duty points and other pertinent criteria.
c. Communicate with potential pump suppliers and collect performance curves, data
and cut sheets.
d. Evaluate major equipment requirements including pump control valves, isolation
valves, pressure reducing valves and power equipment.
e. Prepare up to three alternatives for pump station and equipment layout.
f. Prepare a preliminary site plan providing for initial construction and future expansion
of the site.
g. Conceptual design of surge control systems.
h. Develop Preliminary One Line Diagram for the pump station based on the
recommended pump layout. Eval�ate the use of 480V vs. 4160V based on the pump
sizes.
i. Coordinate with electrical suppliers to determine the dimensions required for the
electrical room.
j. Cantact Electric Utility Company, provide preliminary loads and get preliminary
construction cost for power to the site and motor starting inrush requirements.
k. Determine SCADA and metering requirennents. Provide preliminary input/output
summary.
�. Provide a SCADA path survey from the pump station to the repeater site.
m. Provide a technical memorandum on the SCADA system identifying the
requirements and preliminary systezn architecture.
n. Based on the information contained in the preliminary design documents, submit a
revised Opinion of Probable Project Costs.
x:��ontra�c�aoo6�contra�c�tworth� A-4 Revised 6/20/06
EastSide Pump Station�Attach A
o. Furnish ten (10) copies of the above Preliminary Design Report and present and
review them with OWNER.
2. Fina1 Design
a. Prepare drawings, specifications, Construction Contract Documents, designs, and
layouts of improvements to be constructed based upon the acceptance of the
Preliminary Design Report (surveys to be furnished as Additional Services).
b. Advise OWNER of need for and recommend scope for additional subsurface
investigations, special analysis, hydraulic model studies, subsurface utility
engineering, etc, and the retention of special consultants which are not covered in
Basic Services. The cost of such services shall be paid by OWNER and are not
included in the services performed by FNI.
c. Furnish OWNER, when requested, the engineering data necessary for applications
for routine permits required by local, state and federal authorities. Preparation of
applications and supporting documents for government grants or for planning
advances is an Additional Service.
d. Submit drawings, specifications, and Construction Contract Documents to the
applicable federal and state agency(s) ior approval, where required.
e. Furnish such information necessary to utility companies whose facilities may be
affected or services may be required for the Project.
f. Prepare designs far the pump station facilities and ofF-site projects such as valve tie-
ins, pump suction and discharge piping, connections to sanitary sewer, and
connection to the electrical service, as defined in the Preliminary Design Report.
g. Prepare design for transmitting pressure and flow signals to the City of Fort Worth's
SCADA system.
h. Prepare revised Opinion ofr Probable Construction Cost.
i. Prepare bidder's proposal forms (project quantities) of the improvements to be
constructed.
j. Furnish OWNER five (5) sets of drawings, specifications, and bid proposals marked
"Preliminary" for approval by OWNER. Upon final approval by OWNER, FNI will
provide OWNER ten (10) sets of copies of "Final" drawings.
k. Attend up to a total of twelve (12) meerings with City or other entities during the
Preliminary and Design Phases.
C. BID OR NEGOTIATION PHASE
Upon completion of the design services and approval of "Final" drawings and
specifications by OWNER, FNI will proceed with the performance of services in this
phase as follows:
1. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors
and vendors listed in FNPs database of prospective bidders, and to selected plan
rooms. Frovide a copy of the notice to bidders for OWNER to use in notifying
construction news publications and publishing appropriate legal notice. The cost for
publications shall be paid by OWIVER.
2. Print Bid Documents and distribute to selected plan rooms, and to prospective
bidders that respond to the l�Totice to Bidders. Send one (1) copy of Bid Documents
to each of the f�llowing agencies:
R:\contract\2006\Contract�FtWorth\ f�-5 ReV1SeCl 6�20��6
EastSide Pump Station�P.ttach A
o Texas Bepartment of Licensing and Regulation (ADA compliance)
o Texas Commission on Environmental Quality (TCEQ)
3. Maintain information on entities that have been issued a set of bid documents.
Distribute information on plan holders to interested contractors and vendors on
request:
4. Assist Owner by responding to questions and interpreting bid documents. Prepare
and issue addenda to the bid documents to plan holders if necessary.
5. At OWNER's request, F'NI wi11 assist OWNER in the opening, tabulating, and
analyzing the bids received. Review the qualification information provided by the
apparent low bidder to determine if, based on the information available, they appear
to be qualified to construct the project. Recommend award of contracts or other
actions as appropriate to be taken by OWNER. Pre-qualification of all prospective
bidders and issuing a list of eligible bidders prior to the bid opening is an additional
service.
6. Assist the OWNER in conducting a pre-bid conference for the construction projects
and coordinate responses with OWNER. Response to the pre-bid conference will be
in the form of addenda issued after the conference. Attend the tour of the project site
afterthe pre-bid conference.
7, Assist OWNER in the preparation of Construction Contract Documents for
construction contracts. Provide ten (10) seis of Construction Contract Documents
which include information from the apparent low bidders bid documents, legal
documents, and addenda bound in the documents for execution by the OWNER and
construction contractor. Distribute five (5) copies of these documents to the
contractor with a notice of award that includes directions for the execution of these
documents by the construction contractor. Provide OWNER with the remaining five
(5) copies of these documents for use during construction. Additional sets of
documents can be provided as an additional service.
8. Furnish contractor copies of the drawings and specifications for construction
pursuant to the General Conditions of the Construction Contract.
D. CONSTRUCTION PHASE
Upon completion of the bid or negotiation phase services, FNI will proceed with the
performance of construction phase services as described below. FIVI will endeavor to
protect OWNER in providing these ser�✓ices however, it is understood that FNI does not
guarantee the Contractor's performance, nor is FNI responsible for supervision of the
�ontractor's operation and employees. FNI shall not be responsible for the means,
methods, techniques, sequences or procedures of construction selected by the Contractor,
or any safety precautions and programs relating in any way to the condition of the _
premises, the work of the Contractor or any Subcontractor. FNI shall not b� r�spo"�" nsi��e �
for the acts or omissions oi any person (except its own employees or a�er�ts) at :tYie --� `�;
�
Project site or otherwise performing any of the work of the Project. �,' �; �'
, - ��,�'
These services are based on the use of standard General Conditions for construcfion
projects mutually agreed upon between OWNER and FNI. Modifications to these
R:\contract\2006\Contract�FtWorth\ f�-6 iZeVlSeCd 6�2��06
EastSide Pump Station\Attach A
services required by use of other general conditions or contract administration procedures
are an additional service. If general conditions other than F`NI standards are used, the
OWNER agrees to include provisions in the construction contract documents that will
require the construction contractor to include FNI and their subconsultants on this project
to be listed as an additional insured on contractor's insurance policies.
1. Assist OWNER in conducting pre-construction conference(s) with the Contractar(s),
review construction schedules prepared by the Contractor(s) pursuant to the
requirements of the construction contract, and prepare a proposed estimate of
monthly cash requirements of the Project from information provided by the
Construction Contractor.
2. Establish communication procedures with the OWNER and contractor. Submit
monthly reports of construction progress. Reports will describe construction progress
in general terms and summarize project costs, cash flow, construction schedule and
pending and approved contract modifications.
3. Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents. Monitor the processing of
contractor's submittals and provide for filing and retrieval of project documentation.
Produce monthly reports indicating the status of all submittals in the review process.
Review contractor's submittals, including, requests for information, modification
requests, shop dravvings, schedules, and other submittals in accordance with the
requirements of the construction contract documents for the projects. Monitor the
progress of the contractor in sending and processing submittals to see that
documentation is being processed in accordance with schedules.
4. Based on FNI's observations as an experienced and qualified design professional and
review of the Payment Requests and supporting documentation submitted by
Contractor, determine the amount that F`NI recommends Contractor be paid on
monthly and final estimates, pursuant to the General Conditions of the Construction
Contract.
5. Make visits appropriate to the stage of construction to the site (as distinguished from
the continuous sexvices of a Resident Project Representative) to observe the progress
and the quality of work and to attempt to determine in general if the work is
proceeding in accordance with the Construction Contract Documents. FNI will make
up to fifteen (15) site visits. In this effort FNI will endeavor to protect the OWNER
against defects and deficiencies in the work of Contractors and will report any
observed deficiencies to OWNER. Visits to the site in excess of the specified
number are an additional service.
6. FNI will make up to five (5) site visits in addition to the fifteen (15) listed above to
provide specialty inspection of electrical installations.
7. Notify the contractor of non-conforming work observed on site visits. Review
quality related documents provided by the contractor such as test reports, equipment
installation reports or other documentation required by the Construction contract
documents.
R:\contract\2006\Contract�FtWorth\ fi-% Revised 6/20/06
EastSide Pump StationWttach A
8. Coordinate the work of testing laboratories and inspection bureaus required for the
testing or inspection of materials, witnessed tests, factory testing, etc. for quality
control of the Project. The cost of such quality control sha11 be paid by OWNER and
is not included in the services to be performed by FNI.
9. Interpret the drawings and specifications for OWNER and Contractor(s).
Investigations, analyses, and studies requested by the Contractor(s) and approved by
OWNER, for substitutions of equipment and/or materials or deviations from the
drawings and specifications is an additional service.
10. Establish procedures for administering constructive changes to the construcrion
contracts. Process contract modifications and negotiate with the contractor on behalf
of the OWNER to determine the cost and time impacts of these changes. Prepare
change order documentation for approved changes for execution by the OWNER.
Documentation of field orders, where cost to OWNER is not impacted, will also be
prepared. Investigations, analyses, studies or design for substitutions of equipment or
materials, corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the contractor and
approved by the Owner are an additional service. Substitutions of materials or
equipment or design modifications requested by the OWNER are an additional
service.
11. Prepare documentation for contract modifications required to implement
modifications in the design of the project. Receive and evaluate notices of contractor
claims and make recommendations to the OWNER on the merit and value of the
claim on the basis of information submitted by the contractor or available in project
documentation. Endeavor to negotiate a settlement value with the Contractor on
behalf of the OWNER if appropriate. Providing these services to review or evaluate
construction contractor(s) claim(s), supported by causes not within the control of FNI
are an additional service.
12. Assist in the transfer of and acceptance by the construction contractor of any Owner
furnished equipment or materials.
13. Conduct, in company with OWNER's representative, a final review of the Project for
conformance with the design concept of the Project and general compliance with the
Construction Contract Documents. Prepare a list of deficiencies to be corrected by
the contractor bef�re recommendation of final payment. Assist the City in obtaining
legal releases, permits, warranties, spare parts, and keys from the contractor. Review
and comment on the certificate of eompletion and the recommendation for final
payment to the Contractor(s). Visiting the. sit� to review completed work in excess of
two trips are an additional service.
14. Revise the construction drawings in accordance with the information furnished by
construction Contractor(s) reflecting changes in the Project made during
construction. Two (2) sets of prints of "Record Drawings" shall be provided by FNI
to OWNER.
R:\contract\2006\Contract\FtWorth\ fi-g Revised 6/20/06
EastSide Pump Station�Attach A
SPECIAL SERVICES
A. EMERGENCY OPERATIONS CONSULTING AND MISCELLANEOUS SERVICES
l. In the event of failure of the ESPS during the planning phase of the project, FNI will
assist the FWWD in developing an emergency operations and repair plan and provide
special distribution system operations consulting. In the event of such an emergency,
FNI will prepare a scope of services and estimated fee for review/approval by the
FWWD priar to starting wark.
2. If requested by the FWWD, FNI will assist with evaluation of the feasibility of
identifying potential sources of spare parts for the obsolete switch gear now in
service at the ESPS from other water utilities. F'NI will prepare a scope of work and
estimated fee for review/approval by the FWWD prior to starting work.
B. GEOTECHNICAL ENGINEERING: Retain and monitor the efforts of a geotechnical
engineering firm to provide the following services:
1. Exploratory Borings
The field investigation will include borings for the pump station structure, the ground
storage tank, and additional borings located on the site in the proximity of roads,
vaults, pipeline or other improvements. The proposed borings are as follows:
o Pump Station = 4 borings
o Miscellaneous Site = 5 borings
2. Laboratory Testing
Classification tests (water content, liquid and plastic limits, percent passing #200
sieve) will generally be run on at least two samples from each boring to document
soil types and basic properties.
Additional testing to help develop design criteria will include unconfined
compression of cohesive soils and bedrock cores, pressure-swell tests, and
consolidation tests where appropriate. Other special tests will be added if
appropriate.
3. Reports
One report will be issued documenting the findings of the geotechnical evaluation
and contain recommendations required for the designers to help apply the findings of
the investigation to the design and to address special issues that arise. Consultation
and special inspection services during construction will be additional services.
C. SURVEYING: FNI will retain and monitor the efforts of a surveying firm to provide the
following services:
Provide deed research and prepare a boundary survey suitable for a warranty deed.
Title research is not included in this scope of work.
2. Provide survey control at the project site, including setting up to three (3) permanent
benchmarks.
R:\contract\2006\Contract�FtWorth\ A-9 R0V1S0Cl 6�2���6
EastSide Pump StationWttach A
3. Provide topographic survey of the proposed site for up to three acres. Topographic
survey will not include individual tree surveys.
4. Off-site survey required for up to 20001inear foot of off-site utilities.
5. Preparation of up to 3 easements for off-site work.
6. Preparation of topographic surveys of up to six (6) small off-site areas (50'x50')
required for off-site projects.
7. Heavy clearing of trees and underbrush is an additional service.
D. SURGE ANALYSIS: FNI will retain and monitor the efforts of a firm to provide an
analysis of the surge conditions at the proposed booster pump station. The �nalysis will
include an evaluation of power failures at the booster pump station and provide proposals
for mitigating the impacts of surge to the system. The analysis will extend to the
immediate connections with the distribution system and will not include an analysis of
the distribution system.
E. ACCESSIBILITY REVIEW: FNI will retain and monitar the efforts of a firm to provide
an Accessibility Review of the pump station facilities. The firm will provide comments
on compliance with TDLR standards for accessibility.
END OF SECTION
R:\coniract�2006\Contract�FtWorth\ A-l� Revised 6/20/06
EastSide Pump StationWttach A
ATTACHMENT "B"
COMPENSATION
A. Not to Exceed: The total fee for Basic Services in Attachment SC shall be computed on the basis of
the Schedule of Charges but shall not exceed One Hundred Thirty Two Thousand Seven Hundred
Seventy Two Dollars ($132,772). 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.
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.
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 inembers. For CAD services perfarmed 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 Inhouse Services
Computer
$10.00 per hour
Plotter
Bond
Special
$ 2.50 per plot
$ 5.00 per plot
Testing AAAaratus
Density Meter $700.00 per month
Gas Detection $ 20.00 per test
3-10-04
R:\Contract\2006\Contract�Fort Worth�EastSide Pump Station�Attach B
Printin�
Black and White
$0.10 per copy
Color
$0.50 per copy
Binding
$5.75 per book
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�v1&� iZequest Review
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Page 1 of 2
�`t��T''�4'�'3��`i�
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Print M&C
COUNCIL ACTION: Approved on 4/24/2007 - Ordinance No. 17520-04-2007
DATE: 4/24/2007 REFERENCE NO.: **C-22081 LOG NAME: 60EASTSIDE PS
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of an Engineering Agreement with Freese & Nichols, Inc., for the Eastside
Pump Station Improvement Project — Operational Study and Concept Design and Adopt
Appropriation Ordinance
�
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $132,772.00 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 $132,772.00, from available funds; and
3. Authorize the City Manager to execute an engineering agreement with Freese & Nichols, Inc., in the
amount of $132,772.00 for the Eastside Pump Station Improvement Project — Operational Study and Concept
Design.
DISCUSSION:
On March 19, 2002, (M&C C-19013) City Council authorized the execution of an engineering agreement for
the update to the Water System Master Plan. This study provided schedules for major water capital
improvement projects through the year 2025. The update to the water master plan contains projections for
both population growth and corresponding potable water demands of each pressure zone within the Water
Department's service area.
The Eastside Pump Station serves a critical function in supplying water to the Eastside pressure plane. The
Water Master Plan recommends that the Eastside pump station be rehabilitated or replaced due to pump
station capacity limitations and outdated and inefficient equipment.
As part of the scope of work, Freese & Nichols, Inc., will evaluate the Eastside Pump Station rehabilitation
versus replacement options, determine potential locations for a relocated pump station, prepare conceptual
design schematics for each alternative, and develop cost estimates. The design of either the existing pump
station rehabilitation, or a new Eastside Pump Station, will be based on the recommendations contained
within the Operational Study and Concept Design.
This project is located in COUNCIL DISTRICT 8.
Freese & Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 10 percent
M/WBE participation. The City's goal on this project is 10 percent.
http://www.cfwnet.org/council�acket/mc_review. asp?ID=7341 &councildate=4/24/2007 4/25/2007
?VI&C Request Review
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendation 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)P253 472045 6018500369ZZ $132,772.00
2)P253 531200 608150036931 $132,772.00
Submitted for Cit�l Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
1)PE45 472045 0609020 $132,772.00
3)P253 531200 608150036931 $132,772.00
Marc Ott (8476)
S. Frank Crumb (8207)
S. Frank Crumb (8207)
ATTAC H M E NTS
60Eastside PSOrd.doc
http://www.cfwnet.org/council�acket/mc_review.asp?ID=7341 &councildate=4/24/2007 4/25/2007
Freese
�irPd4d� •
N�C���S� 1"nC. Engineers
Environmental Scientists Architects
4055 Internationa� P�aza, Suite 200 Fort Worth, Texas 76109 817 735-7300 817 735-7491 fax www.freese.com
August 18, 2006
Mr. Chris Harder, P.E.
Project Manager
Fort Worth Water Department
1000 Throckmort�n
Fort Worth, Texas 76102
Re: Agreement for Engineering Services — Eastside Pump Station Rehabilitation and
Expansion
Dear Mr. Harder:
Submitted herewith is the cupporting documentation for the engineering agreement for
the Eastside Pump Station Rehabilitation and Expansion. Under this agreement, Freese
and Nichols will provide planning, design and construction phase engineering services.
There are many options for how this pump station could be modified to serve the long
term needs of the City. Options range from rehabilitating the existing pump station at its
present location to constructing an all new pump station at different location. For this
reason, the project will be executed in multiple phases. The initial phase will be an
operational study and conceptual design phase. At the conclusion of the conceptual
design phase, the City will have the information it needs to decide how to proceed with
the pump station improvements, at which time we will be able to finalize a scope of work
and develop a fee estimate �ar the detail design and construction phase services.
The team we assembled for this assignment includes significant MWBE involvement.
The MWBE firms and their role on the project team is as fc�llows:
o Gupta & Associates (Electrical/Ir�strumentationl
o Komatsu Architecture (Architecture)
o I�VJ Associates, Inc. (Geotechnical engineering)
o Pacheco Koch Consulting Engineers (Survey)
o James Daniels & Associates (Right af Way Acquisition)
o Paige Hendricks Public Relations (Public involvementl
Mr. �Iarder
August 18, 2006
Page 2 of 2
The subconsultant involvement opportunities in the initial operational study and concept
design phase are limited. Much of the operational study is distribution system modeling
and master planning, which will be performed by Freese and Nichols. During the
conceptual design phase, Gupta & Associates will be involved looking at electrical power
supply issues. The other firms' involvement will not begin until the design phase. Our
proposed fee for the operational study and conceptual design is $132,772 as detailed in
Attachment "B". Of this amount, we expect Gupta & Associates' fee to be $13,800, or
10.4°l0 of the total fee for the operational study.
Based on our anticipated scope of work for the detail design and construction phase
services, we estimate the MWBE participation will exceed the City's stated goal of 28%.
We appreciate the opportunity to be of service to the City of Fort Worth and look forward
to working with you and the rest of the Water Department staff on this important project.
If you have any questions about the enclosed information, please call rne at (817) 735-
7289.
Sincerely,
AND NICHOLS; INC.
Kendall King, P.E. -
Project Manager/Princi
Attachments
[OFF06041]T:�F'ortWorth�Eastside Pump Stario� cover.doc
Attachment "B-1"
City of F�rt Worth
East Side Pump Station R�habilitation and Expansion
Concept Design Phase
Project I Sr. Project Sr. Jr. Jr. Design Sr. Elect Jr. Elect GIS CADD CADD Word Total
Task I A- Phase I- Operational Study and Conceptual Design Principal ' Modeling Modeling Architect Subtotal Task Fee
Manager Eng. En E� Eng Eng Eng Analyst Designer Tech Processor Hours
g g
1 Operational Study
a Project Kick-0ff Meeting. 2 4 2 2 2 12 $2,154
b Gather, review data. 2 4 4 4 4� 4 I 2 2' 26I $3,876
c Review water demand projections. 2 2, 8 8 4 24 $3,241
Develop schematic diagrams of system configurations for
d various alternative supply scenarios. Prepare preliminary 4 8 2 16 16 4 8 58 $7,986
assessment of scenarios.
Conduct workshop with FWWD to review alternative supply
e scenarios and system configurations. 4 4 4 4 � 16 $2,803
f Prepare water distribution computer modeL 2 8 i 16' 8 34 $4,117
g � Perform model runs. 2� 12 2�# 12 50 $5,957
Prepare time phased schedule of pump station expansions and �
h distribution system improvements for each altemative. 4 4 8 16 4 8 44 $5,782
Prepare planning level opinion of probable project costs for
i pump station and associated distribution system improvements 2 4 8 16 30 $4,292
for each alternative.
Prepare draft Technical Memorandum No. 1(TM1). Provide 2 g 2 12 lE 24 4 8 8 84 $10,410
� 10 copies of draft memorandum. ,
k Conduct workshop with OWNER to review alternatives 4 8 4 4 16 8 44 $6,074
developed and presented in TM1.
1 Incorporate Owners comments and results of workshop and 2 4 2 2 2 2 2 16 $2,394
issue 10 copies of final TM1.
Subtotal OperationalStudy 32 50 28 80I 102� 56I 6 0� 0� 40 0 28 16 438 $59,086
2 Concept Design
If selected alternative involves reconstra�cting PS at existing
site, FNI wi[Z perforrrz tlze following trrsks:
Review as-built plans and maintenance records for existing
a ESPS. Conduct site inspection of existing PS in presence of 2 4 4 4 4 18 $2,657
FWWD.
b Coordinate with TXU regarding power supply issues. 2 2 $409
� Meet with Fort Worth Parks and Community Services to 4 4 8 $1,372
discuss future plans for surrounding property.
Prepare conceptual designs for up to three options for
d renovation/reconstruction of ESPS on existing properiy to
include:
Renovation of existing building to meet current building
(i) codes and addressing operations and maintenance concerns 1 2 8 8 2 8 8 37 $5,059
identified by FWWD.
(ii) Reconstruction of existing PS in place with new structure 1 2 8 8 2 8 8 37 $5,059
with adequate headroom for overhead crane.
111 Reconstruction of PS at different location on same site or 1 Z g g 2 4 8 33 $4,417
� � adjoining City property.
e Prepare preliminary opinion of probable project costs for PS 1 2 4 16 2 8 33 $4,738
and distribution system improvements for each alternative.
,-----�"`
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Attachment "B-1"
City of Fart Worth
East Side Pump Station Rehabilitation and Expansion
Concept Design Phase
� I
Project Sr. Project Sr. Jr. Jr. Design Sr. Elect I' Jr. Elect GIS CADD CADD Word Total
Task A- Phase I- Operational Study and Conceptual Design Principal Modeling Modeling Architect Subtotal Task Fee
Manager Eng. En En Eng Eng Eng Analyst Designer Tech Processor Hours
g g
In-House Expenses , Quantity I iJnits Unit Cost I Subtotal
Computer Expenses 400.00 hrs $10 $4,000
CADD Expenses 118.00 � hrs $10 $1,180
Plotting 200.00 Sheets $2.50 $500
B/W Reproduction 10000.00 Sheets $0.10 $1,000
Color Reproduction 300.00 Sheets $0.50 $150
Mileage 500.00 n�files $0.445 $223
Miscellaneous 1.00 LS $500.000 $500
� Subtotal $7,553
Outside Expenses ; Cost Mark-up Subtotal
� Electrical Subconsultant � $12,000 � 1800 $13,800
Architectural Subconsultant $0 0 $0
Geotech Subconsultant $0 0 $0
Survey Subconsultant $0 0 $0
Public Involvement Subconsultant $0 0 $0
� Subtotal $13,800
Total Expenses $21 353
�
Total Cost - Existing Site $129 487
�
Total Cost - New Site $132,772
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Attachment B- I -3