HomeMy WebLinkAboutContract 38976CITY SECRETARY
CITY OF FORT WORTH, TEXWNTRACT NO,
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
Malcolm Pirnie, Inc., (the "ENGINEER"), for a PROJECT generally described as: West Fork
Interceptor and Villaae Creek Wastewater Treatment Plant Odor and Corrosion Control
marovements0
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, including but not
limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, 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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 1 of 15
pII-1 �-0 9
OFFICIAL RECORD _
CITY SECRETARY �ECC
FT.Ni'ORTH+ Tyr I�`L-
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. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
®bligations 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
(i.30.09
Page 4 of 15
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible mylar sheets and electronic files in .pdf format, or as otherwise
approved by CITY, which shall become the property of the CITY. CITY may
use such drawings in any manner it desires; provided, however, that the
ENGINEER shall not be liable for the use of such drawings for any project
other than the PROJECT described herein.
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 the ENGINEER makes on -site observation(s) of a deviation from the
Contract Documents, the ENGINEER shall inform the CITY.
(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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 3 of 15
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
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/V11BE) 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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 4 of 15
enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) 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 five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to 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. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability —the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 5 of 15
i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella, if any. This
insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto —the ENGINEER shall maintain business auto liability and,
if necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of "any auto", including owned, hired, and non -owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officersI directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability —the ENGINEER shall maintain professional liability,
a claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 6 of 15
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) GENERAL INSURANCE REQUIREMENTS
a. 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.
b. 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.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
e. 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.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first -dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 7 of 15
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.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date 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. Coverages, whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
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 CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
Clty of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 8 of 15
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.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 9 of 15
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 prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article ME. 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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 10 of 15
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
I
nsurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 11 of 15
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 that prevent ENGINEER's performance of its
obligations hereunder.
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 in 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 electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 12 of 15
work underway at the time of 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
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the ENGINEER
exercises control.
G. Assignment
Neither party shall assign all or any part,of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 13 of 15
J. 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.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 14 of 15
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
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D -Project Schedule
Attachment E -Location Map
Executed this the `��ay of , 20 �%
ATTEST: CITY OF FORT WORTH
Marty Hendrix
City Secretary
� �
,.
• •
APPROVE
Assistant City
ATTEST:
ey
RM AND LEGALITY
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 15 of 15
Assistant City Manager
APPRO_VAI� RECOMMEN
S. Frank Crumb, P.E.
Director, Water Departm
Malcolm Pirnie, Inc.
Randall G. Mcl
Vice President
IbQ-�--f
P.E.
i� P�
OFFICIAL REC4R0
CITY S�CRETAR�'
UV'ORTH� T�
Attachment A
City of Fort Worth
West Fork Interceptor and Village Creek Wastewater Treatment Plant
Odor and Corrosion Control Improvements
City Project No. 01286
Engineer and its subconsultants will provide all the labor, equipment, and material to provide the
following scope of work services.
1. Construction and Start-up Assistance
The original construction schedule of six months was expanded to nine months requiring
additional construction assistance and continued support. Biofilter start-up and optimization
services are provided. Additional site visits to monitor and adjust biofilter and fan performance as
facilities are brought on-line and changed/drifted during normal break-in periods.
2. Operations and Maintenance (0&M) Manual
Preparation of an 0&M manual for the odor control facilities, fans and biofilter. An 0&M manual is
a requirement of State Revolving Funding program utilized to fund the odor control facility
construction.
3. Odor Chemical Addition Optimization:
Provide engineering services for the corrosion and odor control alternatives to determine the
anticipated effectiveness and cost of chemical addition to the collection system or wastewater
treatment plant. Engineer will summarize the most likely chemical addition alternatives and
describe their applicability specifically for the VCWWTP and collection system. The anticipated
low, mid and high -range capital, operation and maintenance cost for each chemical will be
summarized along with documented advantages and disadvantages specifically for the VCWWTP
and collection system.
4. Benchscale Testing: Chemical Addition to the Wastewater System:
Conduct benchscale testing of three (3) chemical addition alternatives. Benchscale testing will
determine preliminary effectiveness of each chemical and potential impact, negative or positive, to
the processes at the VCWWTP. The benchscale testing results will be summarized in a report that
includes effectiveness at decreasing hydrogen sulfide odors and/or corrosion within and to the
associated infrastructure. The benchscale testing will include the following three (3) chemicals:
a. Thioguard
b. Bioxide
c. Ferric Salts/ Hydrogen Peroxide
5. Full Scale Validation of Odor Chemical Addition to the Wastewater System
Once the most promising chemical is identified from Task 4, a full scale demonstration test will be
performed at suitable location upstream for a one month duration. Engineer will work with Owner
staff to identify an optimum offsite location. The selected vendor will provide all necessary
equipment, associated labor for installation, test oversight, report preparation and demobilization.
A-1
Chemical cost, which is not included in the fee for this task, will be paid by the Owner for the test
period. Engineer will develop a test and sampling plan for the test, provide third party oversight,
and prepare a memorandum summarizing the results and conclusions of the study.
6. Primary Clarifier Odor Scrubber Validation
The existing caustic scrubbers at the primary clarifiers have been in operation for 20+ years and
require increased maintenance/operator attention and are a significant safety concern due to the
use of caustic. VCWWTP staff would like to validate odor control alternatives that can
significantly reduce operations and maintenance needs and increases safety by eliminating the
use of caustic which is expensive and hazardous. Engineer will assist with vendor coordination,
test plan preparation, test oversight, independent testing and verification, and report preparation.
The following validation tests will be performed:
a. Biorem long life (10 yr) media pilot test. Biorem will provide a pilot unit at no cost to the
owner which will be evaluated using a sample of combined foul air currently being treated
by the existing chemical scrubbers. The pilot test will be operated by VCWWTP for 30 days.
Engineer will prepare a test and sampling plan for the pilot study. At no cost the Owner, the
vendor will provide gas sampling devices for H2S (OdaLogs) at the foul air influent and
treated effluent discharge locations for continuous monitoring. Engineer will also install
OdaLogs at the same locations as part of third party verification. Engineer will conduct
biweekly site visits to assess pilot study system and download odor data. Engineer will
analyze and summarize data from the pilot test and summarize findings in a technical
memorandum. Engineer will also make a presentation of the validation test results to the
Owner's staff.
b. Adapco amine chemical pilot test. An additional scrubber will be retrofitted to receive
amine based chemical if preliminary evaluations show feasibility.
c. Baseline pilot test (existing caustic scrubber). Sampling and analyses similar to that
performed to evaluate the vendor pilot unit will be performed to track the baseline
performance of the existing chemical scrubbers. One of the existing chemical scrubbers
will be used for baseline comparison as part of this task.
7. Fluoride Usage Consulting
As part of this task, Engineer will prepare a concise, focused paper (approximately 5 to 10 pages in
length) discussing the following aspects of fluoride addition to water.
a. Historical use and reasons for fluoride application in drinking water distribution systems
b. Details on chemicals used in fluoride addition and typical dosages
c. Regulations concerning fluoride concentrations and chemical suitability in drinking water
i. EPA Maximum Contaminant Level (MCL) — basis for selection of the MCL
ii. AWWA standards for fluoride additives (e.g., quality verification)
iii. National Sanitation Foundation (NSF) standards
d. Controversy about fluoride addition to drinking water
i. Fluoride proponents' key arguments —including the World Health Organization, the
Centers for Disease Control, the American Dental Association, and the American
Medical Association
ii. Fluoride opponents' key arguments
A-2
e. Rebuttal of opponents' unsubstantiated viewpoints
Engineer will provide all references cited in the paper to enable Owner to review any study -specific
details should that be needed in the future.
After Owner has the opportunity to review the discussion paper, Engineer experts will hold a
conference calls with Owner to address any questions and revise the discussion paper as
necessary. Engineer will assist Owner in the preparation of presentation exhibits and/or summary
handouts to be presented at a public meeting. The fee proposed for this task does not include
effort for Engineer to travel and make a presentation to the Owner City Council.
8. Alternative Chemical Disinfection Evaluation
The Village Creek Wastewater Treatment Plant currently used chlorine gas and sulfur dioxide gas
to disinfect the treated effluent. Alternative disinfection methods that reduce odors and risk and
increase worker safety will be evaluated. The following services will be provided as part of the
Alternative Chemical Disinfection Evaluation.
a. Perform Background Assessment. A site visit will be conducted identify existing
provisions/issues/ constraints of installing systems capable of feeding alternative
chemicals. As part of our site visits, Engineer will interview Owner plant staff to obtain
additional insight into operational practices/issues with the existing chemical feed facilities.
b. Identify and Evaluate Alternatives Disinfectants. Engineer will identify all feasible
alternatives for chlorine gas including bulk sodium hypochlorite, onsite sodium
hypochlorite generation and/or other options (e.g., ozone and ultraviolet light). Engineer
will evaluate the alternatives in terms of applicability, integration ease, operational
experience, conceptual footprint, estimated use of benign source chemicals (e.g., salt),
availability of source chemicals, number of truck trips, storage and handling requirements,
degradation issues, ease of operation, and other criteria.
c. Coordinate/Discuss with TCEQ. Based on the alternatives identified from the previous task,
Engineer will meet with TCEQ to identify impacts to permits (type of renewal, duration,
additional supporting documentation required, feasibility, etc.).
d. Develop Conceptual Level Capital Cost Opinions. Engineer will prepare the conceptual
design criteria for safer alternatives for chlorine gas and other chemicals of interest.
Using the design criteria information, Engineer will size and obtain quotations for the key
equipment. The capital cost opinions developed will meet the Level 5 requirements of the
Association for Advancement of Cost Engineering (AACE).
e. Develop Conceptual - Level 0&M and Life -Cycle Cost Opinions. Using the annual average
plant production and chemical consumption information, Engineer will develop the
conceptual 0&M cost opinions for each of the benign alternatives for chlorine gas and
other chemicals of interest. The 0&M cost opinions will include the costs for chemicals,
energy, additional labor and equipment maintenance. Engineer will develop life -cycle cost
opinions.
f. Identify and Document Cost Offsets. Using the annual average plant production and
chemical consumption information, Engineer will identify any cost offsets associated with
conversion from chlorine gas. The cost offsets will account for savings that may be
achieved from eliminating certain security needs, installing safety devices (scrubbers,
alarms etc) and other potential liabilities.
A-3
g. Prepare Report. The Department of Homeland Security (DHS) may provide some grant
monies to assist systems to implement chlorine gas conversion. Using the information
from the above tasks, Engineer will prepare a report that can be tailored to meet a DHS
grant money application requirement. The report will include an evaluation of safer
alternatives for each chemical of interest; identify the most -preferred alternatives, and
their life -cycle costs. It will also include a conversion plan and conditional schedule (based
on approval of grant request).
9. M-280 Investigation &Improvement Plan
a. Provide Subconsultant RedZone Robotics RESPONDER large diameter pipe inspection
system, a trained operating crew, analyst, and the necessary appurtenances to access and
collect data for the various size diameter interceptor sewers utilizing LASER, Digital CCTV
with pan -tilt -zoom, V-360 Virtual CCTV, and Gas Sensors above the flow line and SONAR
sensor technology below the flow line.
b. The project will consist of 54,173-feet of M-280 that ranges in size from 84-inch to 96-inch.
M-280 will be investigated during low flow conditions.
c. Engineer's Subconsultant will provide all necessary computer hardware and software to
analyze and present the inspection data in a format easily understood for analysis.
d. Responder Robotic System investigation will include mobilization and demobilization of the
system and equipment, trained engineering technicians and deployment crew. All labor,
equipment and material required to deploy the system using LASER, SONAR, CCTV, V-360
CCTV and GAS sensors to collect data within the designated pipe section.
e. Field investigation will include the part-time inspection, field coordination and field
investigation evaluation by the Engineer. The Subconsultant will provide a robotic
technician, a robotic engineer, deployment technicians and other field personnel as
necessary for deployment and investigation.
f. All labor, equipment and material required to post process the data including all set-up and
software of the collected data will be provided.
g. Field reports will include notation of any unusual findings or conditions including those that
might affect the accuracy of the investigation data for all of the sensors used.
h. Engineer will evaluate, organize and summarize the field investigation data and prepare
necessary exhibits to convey findings.
Field investigation data will be stored and delivered on DVD/CD format with a printed and
bound hard copy.
j. The necessary computer software to view the investigation data will be provided.
Subconsultant will provide software to allow a complete viewing of the collected 3D pipe
model and sonar data.
A-4
k. Engineer will collect as -built M-280 information from the Owner and prepare a spreadsheet
program to evaluate the pipeline current D-loads and allowable D-loads given the pipe
corrosion conditions.
I. Engineer will prepare and update a concrete corrosion model to determine the pipeline
corrosion rates. The modeled corrosion rates will be compared and verified to the
measured corrosion conditions.
m. Using information from the D-load program and corrosion model, Engineer will evaluate the
measured corrosion patterns and future corrosion rates to identify the potential failure
locations and dates.
n. Engineer will evaluate the costs for improvements of M-280 using various rehabilitation
techniques and materials.
o. Engineer will determine the future costs for replacement of M-280 given the predicted
useful life of the pipe segments, with and without the use of chemicals.
p. Engineer will evaluate the cost-effectiveness of interceptor rehabilitation versus
interceptor replacement.
q. Engineer will prepare a recommendation of interceptor improvements and an
implementation schedule.
Responsibility of the Owner for project execution.
a. Provide access to available system maps, construction plans, flow data, videotapes,
maintenance history and previous inspection data.
b. Information on known problems, designs or conditions within the interceptors to be
examined so that proper field procedures can be used, and necessary precautions can be
taken during the inspection process to avoid loss of equipment.
c. Access to the structures needed for deployment of equipment for interceptor inspection.
Open any sealed or non-standard manholes / access plates, and reinstall and or reseal
them as necessary after the inspection is complete.
d. Locate and expose such manholes or access locations that are not visible or accessible, or
covered.
e. Provide minimum of 24-inches of access diameter for entry of Responder robotic system.
This minimum access requirement may require the removal of manhole rings and lids.
f. Access roadways that can be traveled by large truck to the five deployment sites.
g. Clear and grade around the five deployment sites for access by the truck and equipment.
Investigation Performance
a. Where progress is delayed or halted beyond Engineer and Subconsultant's control by such
causes as weather, access, traffic, wastewater flow, interceptor blockages, or other
circumstances, will not be cause for innvestigation termination.
b. Certain interceptor construction, operating environments, and field conditions may limit,
A-5
interfere, or prohibit Subconsultant from obtaining data or performing work. Some of
these may be, but not limited to, surface access, manhole construction, manhole chamber
construction, chamber to pipeline interface, vertical, or horizontal lay of the interceptor,
blind bends, obstructions, debris, lateral connections, flow levels and velocity, transported
materials, flow monitors, electrical interference, cables, or other structures or conditions.
Inability to overcome these impediments will not be cause for inspection termination.
c. Temporary delays or start of work, or interim delays, shall not be cause for termination of
contract. Engineer or Subconsultant will provide written notification of any schedule
departures.
ATTACHMENT "B"
City of Fort Worth
West Fork Interceptor and Village Creek Wastewater Treatment all
Odor and Corrosion Control Improvements
COMPENSATION AND SCHEDULE
City Project No. 01286
I Compensation
A. Payment for services will be computed on the basis of Salary Costs times
a multiplier of 3.25 to determine the payment due for services. The
multiplier is a factor which compensates the Engineer for fringe benefits,
overhead and profit.
B. Payments shall also include Direct Non -Labor Expenses which, in
general, include expenses for supplies, transportation, equipment, travel,
communication, subsistence and lodging away from home, and similar
incidentals.
The Direct Non -Labor expenses shall be reimbursable at actual invoice
cost plus 10%, except for living and travel expenses when away from the
office on business connected with the Project. All travel outside of the
Dallas/Fort Worth Metropolitan Area to be made, which are reimbursable
at actual invoice cost, by the Engineer in connection with the Project must
first be approved in writing by the City Engineer.
C. Subcontractor cost shall be reimbursed at the actual cost plus 100/-
.
D. Payment for expenses, costs and services as described in Attachment "A"
shall not exceed $954,283.00.
E. Partial payment shall be made monthly upon receipt of an invoice from
the Engineer, prepared from the books and records of the Engineer,
outlining the amount of hours worked by each employee, the employee's
name and classification, and the employee's salary rate along with
itemized charges for any subcontract and reproduction work performed
during the period covered by said invoice. Each invoice is to be verified as
to its accuracy and compliance with the terms of this contract by an officer
of the Engineer. Payment according to statements will be subject to
certification by the Water Director or his duly authorized representative
that such work has been performed.
c
a
a
Q
7
c
—
N
U
V
o
a
o
0
0
o
aw
w
N
C
:0
U my
o
`w
p
C
U
LU
w
h
O
m
w
2
-
N
U �z
w
m
aw
W
�
cn
O
pQ2
m
E
Fo
`u
m
c
=_
o
w
N
nm.
_
°w
�w
d
n
iis
¢
O
E
E
GI
O
N
_
zi
MY
Ma
m
3>
U
K
_
E
_
6
O
—
Y
�
.
Nry
.
•
m
m
�
A
F-
RiR111"_
Amendments to Standard Agreement for Engineering Services
City of Fort Worth
West Fork Interceptor and Village Creek Wastewater Treatment Plant
Odor and Corrosion Control Improvements
City Project No. 01286
None
Attachment D - Project Schedule
City of Fort Worth
West Fork Interceptor and Village Creek Wastewater Treatment Plant
Odor and Corrosion Control Improvements
This PROTECT requires a Tier 3 schedule as defined herein and in the City's Schedule Guidance
Document.
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described in this
specification, showing by Critical Path Method (CPM) the planned sequence and timing of
the Work associated with the Agreement. All submittals shall be submitted in PDF format,
and schedule files shall also be submitted in native file format (i.e. file formats associated
with the scheduling software). The approved scheduling software systems for creating the
schedule files are:
- Primavera (Version 6.1 or later or approved by CITY)
Primavera Contractor (Version 6.1 or later or approved by CITY)
Primavera SureTrak (Version 3.x or later or approved by CITY)
Microsoft Project (Version 2003/2007 or later or approved by CITY)
D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT's understanding of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments, if
any, and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to in preparing the baseline schedule, and as
described in further detail in the Cl'TY's Schedule Guidance Document.
a. The scope shall be subdivided by work breakdown structure (MS) representing the
tasks, subtasks, and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities, key milestones, and
dependencies/relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points, including third party utility dependencies and reviewing agencies.
D3. PROGI2;ESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the CIs Schedule Guidance Document inclusi
TY've. As the Work progresses,
the CONSULTANT shall enter into the schedule and record actual progress as described in
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also include a concise schedule narrative that
highlights the following, if appropriate and applicable:
1 OF 2
• Changes in the critical path,
• Expected schedule changes,
o Potential delays,
• Opportunities to expedite the schedule,
• Coordination issues the CITY should be aware of or can assist with,
• Other schedule -related issues that the CONSULTANT wishes to communicate to the
CITY.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CITY s current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D. CONSULTANT's monthly invoices will not be accepted and
processed for payment without monthly schedule updates that are submitted in the time
and manner required by Attachment D and the CITY's current Schedule Guidance
Document.
20F2
0
C
a)
E
i
U
i
a)
E
a)
O
L
Q.
L
O
0
a)
O
L
U
Page 1 of 2
City of Fort Worth, Texas
Mayor and uncil Communication
COUNCIL ACTION: Approved on 7/28/2009 -Ord. No. 18737-07-2009
DATE: Tuesday, July 28, 2009
LOG NAME: 60WEST FORK MALCOLM PIRNIE
REFERENCE NO.: C-23696
SUBJECT:
Authorize an Engineering Agreement in the Amount of $954,283.00 with Malcolm Pirnie, Inc., for the West
Fork Interceptor and Village Creek Wastewater Treatment Plant Odor and Corrosion Control Improvements
and Adopt Appropriation Ordinance
........_..................
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $974,283.00 from the Water and Sewer Operating Fund to the Sewer Capital
Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Projects Fund in the amount of $974,283.00 from available funds; and
3. Authorize the City Manager to execute an Engineering Agreement with Malcolm Pirnie, Inc., in the
amount of $954,283.00 for the West Fork Interceptor and Village Creek Wastewater Treatment Plant Odor
and Corrosion Control improvements.
DISCUSSION:
The Water Department developed an interceptor condition assessment program after several significant
pipeline failures in 2007 and 2008 on various large diameter pipelines. This proposed contract is a part of
the larger program to assess the condition of the large diameter sanitary sewer mains in the system and to
prioritize repairs.
Approximately 80 percent of the sanitary sewer flow into Village Creek Wastewater Treatment Plant
(VCWWTP) is transported through two 96 inch concrete interceptors running roughly along the West Fork
of the Trinity River from the old Riverside Wastewater Treatment Plant (Gateway Park). These lines cross
several major arterials and at one point cross under East Loop of Interstate Highway 820. One of the two
interceptors was installed in 1963 and the other in 1977. Both of these lines must be in service at all times
to meet the sanitary sewer demands of the customers in the service area.
Due to the critical nature of these interceptors, the Water Department has been working to assess the
pipeline condition. Initial visual data gathered in 2003 indicated significant corrosion in the pipelines,
warranting a more in-depth evaluation of the pipeline condition. In 2004, a pilot scale demonstration of a
more comprehensive technology was conducted to evaluate its effectiveness before investing in a full
scale effort. The pilot scale demonstration confirmed the soundness of the technology for this application.
This proposed contract provides a full scale inspection of M280, the older West Fork interceptor, to set a
benchmark of the pipeline condition and to identify locations of potential critical failures. The inspection will
be performed with the line in service and includes sonar, laser and television data. The laser scans will
reveal the remaining pipe wall thickness, the sonar scans will map debris accumulated in the pipe and the
television data provides visual information on the condition of the system. The 46-year old pipeline, M280
http://apps.cfivuet.org/ecouncil/printinc.asp?id=12002&print=true&DocType=Print 8/3/2009
Page 2 of 2
will be inspected from the old Riverside Waste Water Treatment Plant to the VCWWTP.
In conjunction with the pipeline inspection, the contract services include additional professional services
related to corrosion and odor control at the VCWWTP and within the sanitary sewer approach mains.
These services include an evaluation of chemical corrosion and odor control methodologies that are
expected to extend the operational life of the pipelines and the VCWWTP and to reduce the generation of
odor in the pipelines and at the wastewater treatment plant.
In addition to contract costs, $20,000.00 is included for staff support.
This project is located in COUNCIL DISTRICT 5.
Malcolm Pirnie, Inc., is in compliance with the City's M/1NBE ordinance by committing to 5 percent M/WBE
participation on this contract. The City's goal on this contract is 5 percent.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current capital budget,
as appropriated, of the Sewer Capital Projects Fund.
_._ __
FUND CENTERS:
TO Fund/Account/Centers
1 & 2) P258 476045 7013001286ZZ
2)P258 531200 701300128630
2)P258 511010 701300128630
CERTIFICATIONS:
FROM Fund/Account/Centers
$974,283.00 1) PE45 538040 0709020
$954,283.00 3) P258 531200 701300128630
$20,000.00
Submitted for City Manager's Office bv:
Ori inating Department Head:
Additional Information Contact:
Fernando Costa (6122)
S. Frank Crumb (8207)
Madelene Rafalko (8215)
ATTACHMENTS
1. 60WEST FORK AO._doc (Public)
2. 60WEST FORK MALCOLM__PIR_N_IE FAR.Pdf (CFW Internal)
3. GOWEST FORK MALCOLM P_I_RNIE MAP (portrait),pdf (Public)
__ — _ _
4. PE45_Sewer.pdf (CFW Internal)
5. Updated_Compliance,_pdf (CFW Internal)
$974,283.00
$954,283.00
http://apps.cfwnet.org/ecouncil/priutmc.asp?id=12002&print=true&DocType=Print 8/3/2009
Page 1 of 2
City of Fort Worth, Texas
COUNCIL ACTION: Approved on 7/28/2009 -Ord. No. 18737-07-2009
__ __
DATE: Tuesday, July 28, 2009
LOG NAME: 60WEST FORK MALCOLM PIRNIE
REFERENCE NO.: C-23696
SUBJECT:
Authorize an Engineering Agreement in the Amount of $954,283.00 with Malcolm Pirnie, Inc., for the West
Fork Interceptor and Village Creek Wastewater Treatment Plant Odor and Corrosion Control Improvements
and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $974,283.00 from the Water and Sewer Operating Fund to the Sewer Capital
Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Projects Fund in the amount of $974,283.00 from available funds; and
3. Authorize the City Manager to execute an Engineering Agreement with Malcolm Pirnie, Inc., in the
amount of $954,283.00 for the West Fork Interceptor and Village Creek Wastewater Treatment Plant Odor
and Corrosion Control improvements.
___
__
__ _ _.
DISCUSSION:
The Water Department developed an interceptor condition assessment program after several significant
pipeline failures in 2007 and 2008 on various large diameter pipelines. This proposed contract is a part of
the larger program to assess the condition of the large diameter sanitary sewer mains in the system and to
prioritize repairs.
Approximately 80 percent of the sanitary sewer flow into Village Creek Wastewater Treatment Plant
(VCWWTP) is transported through two 96 inch concrete interceptors running roughly along the West Fork
of the Trinity River from the old Riverside Wastewater Treatment Plant (Gateway Park). These lines cross
several major arterials and at one point cross under East Loop of Interstate Highway 820. One of the two
interceptors was installed in 1963 and the other in 1977. Both of these lines must be in service at all times
to meet the sanitary sewer demands of the customers in the service area.
Due to the critical nature of these interceptors, the Water Department has been working to assess the
pipeline condition. Initial visual data gathered in 2003 indicated significant corrosion in the pipelines,
warranting a more in-depth evaluation of the pipeline condition. In 2004, a pilot scale demonstration of a
more comprehensive technology was conducted to evaluate its effectiveness before investing in a full
scale effort. The pilot scale demonstration confirmed the soundness of the technology for this application.
This proposed contract provides a full scale inspection of M280, the older West Fork interceptor, to set a
benchmark of the pipeline condition and to identify locations of potential critical failures. The inspection will
be performed with the line in service and includes sonar, laser and television data. The laser scans will
reveal the remaining pipe wall thickness, the sonar scans will map debris accumulated in the pipe and the
television data provides visual information on the condition of the system. The 46-year old pipeline, M280
http://apes.cfivnet.org/ecouncil/printmc.asp?id=12002&print=true&DocType=Print 8/3/2009
Page 2 of 2
will be inspected from the old Riverside Waste Water Treatment Plant to the VCWWTP
In conjunction with the pipeline inspection, the contract services include additional professional services
related to corrosion and odor control at the VCWWTP and within the sanitary sewer approach mains.
These services include an evaluation of chemical corrosion and odor control methodologies that are
expected to extend the operational life of the pipelines and the VCWWTP and to reduce the generation of
odor in the pipelines and at the wastewater treatment plant.
In addition to contract costs, $20,000.00 is included for staff support.
This project is located in COUNCIL DISTRICT 5.
Malcolm Pirnie, Inc., is in compliance with the City's M/WBE ordinance by committing to 5 percent M/WBE
participation on this contract. The City's goal on this contract is 5 percent.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current capital budget,
as appropriated, of the Sewer Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers
1 & 2)P258 476045 7013001286ZZ
2)P258 531200 701300128630
2)P258 511010 701300128630
CERTIFICATIONS:
FROM Fund/Account/Centers
$974,283.00 1) PE45 538040 0709020
$954,283.00 3) P258 531200 701300128630
$20,000.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
S. Frank Crumb (8207)
Madelene Rafalko (8215)
ATTACHMENTS
1. 6__OWEST FORK A4.doc (Public)
2. GOWEST FORK MALCOLM_PIRNIE FAR.pdf (CFW Internal)
3. GOWEST FORK MALCOLM PIRNIE MAP (portrait).pdf (Public)
4. P_E45 Sewer.pdf (CFW Internal)
5. Updated_Carnplian_ce.pdf (CFW Internal)
$974,283.00
$954,283.00
http://apps.cfwnet.org/ecouncil/printmc.asp?id=12002&print=true&DocType=Print 8/3/2009
Page 1 of 2
• . • � �
COUNCIL ACTION: Approved on 7/28/2009 -Ord. No. 18737-07-2009
DATE: Tuesday, July 28, 2009
LOG NAME: 60WEST FORK MALCOLM PIRNIE
REFERENCE NO.: C-23696
SUBJECT:
Authorize an Engineering Agreement in the Amount of $954,283.00 with Malcolm Pirnie, Inc., for the West
Fork Interceptor and Village Creek Wastewater Treatment Plant Odor and Corrosion Control Improvements
and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $974,283.00 from the Water and Sewer Operating Fund to the Sewer Capital
Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Projects Fund in the amount of $974,283.00 from available funds; and
3. Authorize the City Manager to execute an Engineering Agreement with Malcolm Pirnie, Inc., in the
amount of $954,283.00 for the West Fork Interceptor and Village Creek Wastewater Treatment Plant Odor
and Corrosion Control improvements.
_.
__ _ _ _.
..
DISCUSSION:
The Water Department developed an interceptor condition assessment program after several significant
pipeline failures in 2007 and 2008 on various large diameter pipelines. This proposed contract is a part of
the larger program to assess the condition of the large diameter sanitary sewer mains in the system and to
prioritize repairs.
Approximately 80 percent of the sanitary sewer flow into Village Creek Wastewater Treatment Plant
(VCWWTP) is transported through two 96 inch concrete interceptors running roughly along the West Fork
of the Trinity River from the old Riverside Wastewater Treatment Plant (Gateway Park). These lines cross
several major arterials and at one point cross under East Loop of Interstate Highway 820. One of the two
interceptors was installed in 1963 and the other in 1977. Both of these lines must be in service at all times
to meet the sanitary sewer demands of the customers in the service area.
Due to the critical nature of these interceptors, the Water Department has been working to assess the
pipeline condition. Initial visual data gathered in 2003 indicated significant corrosion in the pipelines,
warranting a more in-depth evaluation of the pipeline condition. In 2004, a pilot scale demonstration of a
more comprehensive technology was conducted to evaluate its effectiveness before investing in a full
scale effort. The pilot scale demonstration confirmed the soundness of the technology for this application.
This proposed contract provides a full scale inspection of M280, the older West Fork interceptor, to set a
benchmark of the pipeline condition and to identify locations of potential critical failures. The inspection will
be performed with the line in service and includes sonar, laser and television data. The laser scans will
reveal the remaining pipe wall thickness, the sonar scans will map debris accumulated in the pipe and the
television data provides visual information on the condition of the system. The 46-year old pipeline, M280
http://apps.cfivnet.org/ecouncil/printmc.asp?id=12002&print=true&DocType=Print 8/3/2009
Page 2 of 2
will be inspected from the old Riverside Waste Water Treatment Plant to the VCWWTP
In conjunction with the pipeline inspection, the contract services include additional professional services
related to corrosion and odor control at the VCWWTP and within the sanitary sewer approach mains.
These services include an evaluation of chemical corrosion and odor control methodologies that are
expected to extend the operational life of the pipelines and the VCWWTP and to reduce the generation of
odor in the pipelines and at the wastewater treatment plant.
In addition to contract costs, $20,000.00 is included for staff support.
This project is located in COUNCIL DISTRICT 5.
Malcolm Pirnie, Inc., is in compliance with the City's M/V1/BE ordinance by committing to 5 percent M/WBE
participation on this contract. The City's goal on this contract is 5 percent.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current capital budget,
as appropriated, of the Sewer Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers
1 & 2) P258 476045 7013001286ZZ
2)P258 531200 701300128630
2)P258 511010 701300128630
FROM Fund/Account/Centers
$974,283.00 1) PE45 538040 0709020
$954,283.00 3) P258 531200 701300128630
$20,000.00
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
S. Frank Crumb (8207)
Madelene Rafalko (8215)
ATTACHMENTS
1. 60WEST FORK AO.doc (Public)
2. 6QWEST FORK MALCO_LM_P_I_RN_ IE___FAR.pdf (CFW Internal)
3. 60WEST FORK MALCOLM PIRNIE MAP (portrait),pd_f (Public)
4. PE45 Sewer,pd__f (CFW Internal)
5. Updated_ Co_ mpliance_ pdf (CFW Internal)
$974,283.00
$954,283.00
http://apps.cfwnet.org/ecouncil/printmc.asp?id=12002&print=true&DocType=Print S/3/2009