HomeMy WebLinkAboutContract 36822 CITY SECRETARY 1
CONTRACT NO. as
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Alan Plummer
Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as.. Regional
Wastewater Treatment Plant Sites Evaluation and Selection.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full, including interest. In the event of suspension of--services, -the_
ENGINEER shall have no liability to CITY for delays or damages caused 64
CITY because of such suspension of services.
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Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar services
at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible plastic film sheets, or as otherwise approved by CITY, which
shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable
for the use of such drawings for any project other t PROJECT
described herein. '/.NT �;��j
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on-site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT.
If, for any reason, the ENGINEER should make an on-site observation(s), on
the basis of such on-site observations, if any, the ENGINEER shall endeavor
to keep the CITY informed of any deviation from the Contract Documents
coming to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials;; unnkno2Wa_x latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
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conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
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J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3)hereof. CITY shall give subcon-sultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect
prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
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A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non-owned when said vehicle is used in the
course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and shall
contain a retroactive date prior to the date of the contract or the first date of
services to be performed, whichever is earlier. Coverage shall be maintained
for a period of 5 years following the completion of the contract. An annual
certificate of insurance specifically referencing this project shall be submitted
to the City for each year following completion of the contract.
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
(d) A minimum of forty-five (45) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102. _
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(e) Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
(f) Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion, the ENGINEER may be required to
provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions
in writing.
(j) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be coincident with or prior
to the date of the contractual agreement. The certificate of insurance
shall state both the retroactive date and that the coverage is claims-
made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
(1) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
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M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities- Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
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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, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
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G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by
the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
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requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
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(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any
loss, cost, or expense claimed by third parties for property damage and
bodily injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
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H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely to
be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by Sections
10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award shall
become final ninety (90) days from the date same is issued. If litigation is filed
by either party within said ninety (90) day period, the award shall become null
and void and shall not be used by either parry 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.
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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 during the term of this AGREEMENT by governing bodies
having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. ENGINEER
agrees to defend, indemnify and hold harmless CITY and all of its officers,
agents and employees from and against all claims or liability arising out of the
violation of any such order, law, ordinance, or regulation, whether it be by itself
or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B — Compensation
Executed this they day of , 2008
ATTEST: CITY OF FORT WORTH
G
Marty Hendrix Fernando Costa, Acting
City Secretary Assistant City Manager
��o o? � 2 APP OVAL MMEND D
Contract Authoriz&tloa
S. Frank Crumb, P.E., Director
Date �'` ---- Water Department
APPROVE AS TO F
AND L ITY
Am J. R s
AssistarA City Attorney
ALAN PLUMMER ASSOCIATES, INC.
ATTEST: ob-11- 1
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Alan H. Plummer, Jr., P.E., BCEE
Chairman of the Board
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EXHIBIT A
CITY OF FORT WORTH
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT A)
REGIONAL WASTEWATER TREATMENT PLANT SITES
EVALUATION AND SELECTION
PS58 531200 070580190020
The following is a clarification of the tasks that the ENGINEER will perform under
ATTACHMENT A. Work under this attachment includes the engineering services
associated with the Regional Wastewater Treatment Plant Sites Evaluation and Selection
study. Upon receipt of Notice to Proceed, the ENGINEER will perform the following tasks:
BASIC ENGINEERING SERVICES
1. Prepare for and conduct a meeting with representatives of the Cities of Fort Worth
and Aledo to review the project objectives, project approach, and schedule. Also,
available information to be used in the Project will be reviewed with participants.
2. Using available information, define the wastewater quantity to be treated at
individual plants to be located in the Clear Fork watershed and the Mary's Creek
watershed or at a single plant to be located within the Clear Fork watershed.
3. Determine the size of property to accommodate wastewater treatment units and to
provide the required buffer zone. Develop a preliminary conceptual layout using
conventional treatment unit operations.
4. Identify up to two potential wastewater treatment plant sites in the Clear Fork
watershed. One of these sites will be a site identified in "Feasibility Study: Mary's
Creek Recycling Center." Identify the property owners and, using Appraisal
District information, develop a preliminary estimate of the values of the properties.
5. Incorporate information about the Mary's Creek watershed site identified by the
previous City of Fort Worth investigation entitled"Feasibility Study: Mary's Creek
Water Recycling Center." This site is considered to be the candidate site for
purchase to serve the Mary's Creek watershed area.
6. Determine the probable electrical power supply requirements and source for each of
the two potential sites in the Clear Fork watershed and the site in the Mary's Creek
watershed. - -
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7. Review and utilize the probable discharge permit limits developed in the Mary's
Creek Feasibility Study and the Parker County Plan. Additionally, for a discharge
into the Clear Fork above Lake Benbrook, a phosphorus limit of 0.5 mg/L will be
used to determine treatment requirements.
8. Review available floodplain maps and topographic maps to identify floodplain and
topographic considerations for each potential site. Incorporate information from
previous studies where available.
9. Identify regulatory requirements and assess the probable degree of difficulty in
satisfying the requirements [i.e., obtaining Texas Pollutant Discharge Elimination
System (TPDES) and Section 404 permits, etc.] associated with each potential site.
10. Develop preliminary concepts for the major pipeline to transport raw wastewater to
each potential site and to convey treated effluent to the discharge point.
11. Develop a potential phased approach to providing wastewater services in a timely
manner to meet the near-term needs of the City of Aledo. An approach to be
examined involves initially constructing one or more lift stations and pumping the
Aledo wastewater to the City of Fort Worth wastewater collection system until a
new treatment plant could be constructed either in the Clear Fork watershed or
Mary's Creek watershed.
12. Develop preliminary opinions of probable costs for each potential site and the
corresponding regional system pipelines.
13. Prepare for and conduct a meeting with representatives of the Cities of Fort Worth
and Aledo to present the findings of the study and to identify the preferred site(s).
14. Summarize the project findings in a technical memorandum. Deliver five copies of
the draft technical memorandum to the City of Fort Worth and the City of Aledo.
Upon receipt of comments from the two Cities, finalize and submit five copies to
each City.
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TREATMENT PLANT SITES v9.doc
SPECIAL SERVICES
Special Services are those services known to be required for completion of the project that
the CITY agrees are to be furnished by the ENGINEER or by a subconsultant that cannot be
defined sufficiently at this time to establish the maximum compensation. The services are
not included in the scope of work of Basic Services or the amount of compensation for Basic
Services. The Special Services for this assignment are described as follows:
1. Perform market research to determine a planning level price of up to three potential
sites to be evaluated by this Project. Develop an opinion of probable costs for up to
two selected sites to be used by the City.
2. Provide surveying to develop legals and plats for up to two potential sites. The
legals and plats would be for the Cities' use in pursuing acquisition of the selected
site(s).
3. Prepare for and participate in making a presentation to the other cities involved in
developing the Eastern Parker County Regional Wastewater Facilities Plan.
4. Provide up to 60 hours of additional services not covered under Basic Services as
requested and authorized by the City.
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ADDITIONAL SERVICES
Additional Services to be performed by the ENGINEER, if authorized by the CITY, which
are not included in the above-described BASIC ENGINEERING SERVICES, may include,
but are not limited by the following.
1. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
2. Revisions and changes required by OWNER for easement acquisition and/or
other reasons to the pipeline alignments or sizes, after approval of the final
alignment.
3. Preparing Environmental, Archeological Surveys, Impact Assessments or
Statements, Storm Water Discharge Permits or SWPPP, and 404 Permit
Applications except as specifically included in the Basic or Special Services.
Design or Construction Administration for implementation of USACE Section
404 Permit Mitigation Plan (individual permit). Preparation of annual
compliance monitoring reports documenting survivability of plantings required
for mitigation for five years after construction completion.
4. Appearing before regulatory agencies or courts as an expert witness in any
litigation with third parties other than condemnation proceedings arising from the
development or construction of the project, including the preparation of
engineering data and reports for assistance to the OWNER.
5. Investigations involving detailed consideration of operation, maintenance and
overhead expenses, and the preparation of rate schedules, earnings and expense
statements, feasibility studies, appraisals, evaluations, assessment schedules, and
material audits or inventories required for certification of force account
construction performed by the OWNER.
6. Providing additional topographic surveys beyond the limits set forth in Basic
Engineering Services or Special Services.
7. Provide shop, mill, field or laboratory inspection of materials and equipment.
8. Furnishing engineering services during construction including general
representation and resident representation as the OWNER's on-site representative
during the construction phase.
9. Assisting the OWNER in claims disputes with Contractor(s).
10. Performing investigations, studies and analyses of substitutions of equipment
and/or materials or deviations from the Plans and Specification .
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11. Assisting OWNER or Contractor in the defense or prosecution of litigation in
connection with or in addition to those services contemplated by this Agreement.
Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated
by the respective parties outside of and in addition to this Agreement.
12. Sampling, testing or analysis beyond that specifically included in Basic Services.
13. Attending meetings and developing data and information required for zoning
and/or plat approvals of construction sites, except as included in Basic Services.
14. Attending additional meetings not detailed in the Basic Engineering Services as
requested by OWNER.
15. Providing additional copies of Plans and Specifications.
16. Providing the services of land agents to assist in securing easements.
17. Provide expert witness testimony as required for condemnation hearings,
including the preparation of engineering data and reports.
18. Preparation of an application for a Sand, Gravel, and Marl Permit and processing
of the permit application(s).
19. Preparation of an in depth Biological Assessment (HEP or WHAP), if requested
by Texas Parks and Wildlife Department or U.S. Fish and Wildlife Service.
20. Participation in a Public Hearing.
21. Obtaining tree permits.
22. Any sewer capacity analysis and/or hydraulic modeling.
23. Additional Contract Administration Services including: Preparation of Record
Drawings, Conformed Construction Drawings, Response to Additional RFIs,
PCMs, CMRs, Preparation of Field Orders and Change Orders, Pay Estimate
Review, Preliminary and Final Walk Throughs, and Punch List preparation.
24. Odor Control Evaluation - ENGINEER will evaluate odor control options at the
force main to gravity transition manhole. A brief Technical Memorandum will
be prepared, summarizing the options considered, recommended control plan (if
any), and detail showing the proposed system.
25. Any support of TWDB funding, or preparation of form or reports specifically for
that purpose.
26. Any additional services, which may be required by the OWNER for completion
of the project that are not included in the Basic Services or Special Services__
A-
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TREATMENT PLANT SITES 0.doc rn
EXHIBIT B-2
(SUPPLEMENT TO ATTACHMENT B)
ALAN PLUMMER ASSOCIATES,INC.
HOURLY FEE SCHEDULE
2008
Staff Description Staff Code Range of Billing Rates
Admi❑ Staff Al-A3 $ 50.00 - $ 70.00
Senior Admi❑ Staff A4 $ 65.00 - $ 95.00
Designer/Technician Cl-C2 $ 45.00 - $ 85.00
Senior Designer/Technician C3-C4 $ 80.00 - $ 110.00
Engineer-in-Training/Scientist-in-Training ESO-ES3 $ 75.00 - $100.00
Project Engineer/Scientist ES4 $ 90.00 - $115.00
Senior Project Engineer/Scientist ES5 $105.00 - $135.00
Project Manager ES6 $120.00 - $155.00
Senior Project Manager ES7 $150.00 - $215.00
Principal ES8-ES9 $165.00 - $250.00
Billing rates are based on "salary cost" times a multiplier of 2.3.
Salary cost is based on direct payroll costs times 1.43. Salary cost includes direct payroll costs,
payroll taxes, vacation, holiday, sick leave,employee insurance, and other fringe.
Range of billing rates shown may be adjusted by up to 4 percent annually (at the beginning of each
calendar year)during the term of this agreement. The multipliers shown will not be adjusted.
A multiplier of 1.15 will be applied to all direct expenses.
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DRAFT
EXHIBIT "B-3"
(SUPPLEMENT TO ATTACHMENT B)
COST SUMMARY
REGIONAL WASTEWATER TREATMENT PLANT SITES
EVALUATION AND SELECTION
Project No.PS58 531200 070580190020
Exhibit Scope of Services Fee M/WBE %
A $ 145,751.00 $ 26,300.00 18.0%
Proposed M/WBE Sub-Consultants Services Fees
Spooner&Associates,Inc. Surveying $ 26,300.00
Total $ 26,300.00
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ATTACHMENT C
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A
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CITY OF FORT WORTH
EXHIBIT"B-5"
(SUPPLEMENT TO ATTACHMENT B)
REGIONAL WASTEWATER TREATMENT PLANT SITES
EVALUATION AND SELECTION
PRELIMINARY PROJECT SCHEDULE
Date 16-Jan-2008
Project No.PS58 531200 070580190020
PROJECTED ACTUAL
TASK DESCRIPTION DURATION START FINISH DURATION START FINISH
Notice to Proceed 0 days Mon 1/28/08 Mon 1128108
Meetings with Fort Worth and Aledo 0 days Fri 2/15/08 Fri 2/15/08
Review Population and Flow Projections 5 days Mon 1/28/08 Fri 2/1/08
Size of Property/Conceptual Layout 15 days Mon 214/08 Fri 2/22/08
Identify Potential Sites 15 days Mon 2/25/08 Fri 3/14/08
Availability of Power 5 days Mon 3117108 Fri 3/21/08
Probable Effluent Discharge Limits 5 days Mon 3/24/08 Fri 3/28/08
Flood lain and Topography 10 days Mon 3/31/08 Fri 4/11/08
Regulatory Requirements 15 days Mon 4/14/08 Fri 5/2/08
Pipeline Routes and Costs 15 days Mon 5/5/08 Fri 5/23/08
Atedo Phased Approach 15 days Mon 5/26/08 Fri 6/13/08
Plant Costs 5 days Mon 6/16/08 Fri 6/20/08
Meetings with Fort Worth and Aledo 0 days Fri 7/11/08 Fri 7/11/08
Technical Memorandum 30 days Mon 6/23/08 Fri 8/l/08
I D= 1 Working Day
1 day=1 Calendar Day
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F:\Busdev\Proposals\Proposals_2007\2007-188-00_FW_Aledo_WWTP_Site_Evaluation\Contract\Exhibit D.xls
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/22/2008
DATE: Tuesday, January 22, 2008
LOG NAME: 60REGIONAL WWTP REFERENCE NO.: **C-22632
SUBJECT:
Authorize Execution of an Engineering Agreement with Alan Plummer Associates, Inc., for the
Regional Wastewater Treatment Plant Sites Evaluation and Selection Study and Authorize Entering
into an Interlocal Agreement with City of Aledo (City Project 00970)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an engineering agreement with Alan Plummer Associates, Inc., for
the Regional Wastewater Treatment Plant Sites Evaluation and Selection Study, in the amount of$145,751;
and
2. Authorize entering into an interlocal agreement with the City of Aledo to provide for cost participation of
35 percent of this engineering agreement.
DISCUSSION:
On June 6, 2006, (M&C C-21489) the City Council authorized the City Manager to enter into an agreement
with the Texas Water Development Board for the Eastern Parker County Regional Wastewater Facilities
Plan. By inter-local agreement, several cities and utility districts in eastern Parker County, including Aledo,
contributed to this effort.
Prior to this planning study, the City of Fort Worth had evaluated the need for regional wastewater treatment
on the west side of Fort Worth, called the Mary's Creek Water Recycling Center Study in 2004. Both studies
recommend the construction of a satellite wastewater treatment plant on the west side of Fort Worth to treat
increased wastewater flow from future development in western Tarrant and eastern Parker Counties. In
addition to reducing the need to transport this increased flow to the Village Creek Wastewater Treatment
Plant (VCWWTP), an additional plant or plants would increase water reuse opportunities in this area.
The City of Aledo wants to join with the City of Fort Worth for a regional wastewater treatment plant.
Currently the City of Aledo is required by Texas Commission on Environmental Quality (TCEQ) regulations
to expand their existing wastewater treatment plant (WWTP) to meet its residents growing wastewater
service needs. The City of Aledo would prefer to use their limited funding for participation in a new regional
WWTP than to expand an existing plant which is reaching maximum build-out.
This Regional Wastewater Treatment Plant Sites Evaluation and Selection Study will examine alternative
WWTP sites in the Clear Fork watershed upstream of Lake Benbrook and downstream of Aledo. In this
study, Fort Worth and Aledo's cost participation is 65 percent and 35 perce res ectively. Fort Worth will
invoice Aledo upon completion of the engineering agreement. As part of his,_rofec , the-engineer will
identify up to two potential sites in the Clear Fork Watershed; develop a conceptual layout for the regional
WWTP and an estimated cost, identify regulatory requirements; develop a phased approach to meet
wastewater services for Fort Worth and Aledo, and assist in the acquisition of the Mary's Creek WWTP site.
Logname: 60REGIONAL WWTP Page I of 2
Additional services, to be authorized as necessary, include land appraisals to determine cost of potential
sites; surveying for legal descriptions and platting of selected sites; and preparation and attendance at
public meetings for other cities in the Eastern Parker County.
This project is located in COUNCIL DISTRICT 3, west Tarrant County and Parker County.
Alan Plummer Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to 18
percent M/WBE participation. The City's goal on this project is 18 percent.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Sewer Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PS58 531200 070580190020 $145,751.00
Submitted for City Manager's Office by: Marc A. Ott (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Farida S. Goderya (8214)
Logname: 60REGIONAL WWTP Paae 2 of 2