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HomeMy WebLinkAboutContract 45596 (2)CITY OF FORT WORTH, TEXAS SE NTRACT�r�J15S ILO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Gupta and Associates Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Power System and Arc Flash Study at Water Treatment and Pumping Facilities. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Compensation A. Article II The ENGINEER's compensation shall be in the amount of $749,398.00 as 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) City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 1 of 16 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 ,avai.ce. OFFICIAL RECORD !MTV SECRETARY Ft WORTH, TX (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. 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Re;ease Date: 1/28/2013 Page 2 of 16 (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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 3 of 16 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1 /28/2013 Page 4 of 16 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 Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 5 of 16 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 6 of 16 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. 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 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 pnor 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) 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 7 of 16 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. 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 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. 1. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 8 of 16 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 wnting 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 9 of 16 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 PMO Official Release Date: 1/28/2013 Page 10 of 16 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 11 of 16 no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER " (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the 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 appropnate CITY approval. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 12 of 16 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; City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 13 of 16 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 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 u nderstandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including n egligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole n egligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 14 of 16 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. 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., VLH., 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 15 of 16 Executed and effective this the 15 day of April, 2014. BY: CITY OF FORT WORTH BY: ENGINEER Gupta and Associates Inc. 7L--\l � (a -AA - Fernan 6%-lta VK Gupta Assistant City anager President Date:e- of (__ I g APPROVAL RECOMMENDED: ' By: 49/tv\tiii ,X4 S. Frank Crumb, P.E. Director, Water Department Date: APPROVED AS TO FORM AND MC No.: LEGALITY B Doug as W. Black Assistant City Attorney ATTEST: Mary J. Kay,Or City Secretary City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 16 of 16 c. t69-'1, MC Date: q /y OFFICIAL RECORD: CITY SECRETARY FT. WORTh, TX City of Fort Worth Water Department Water Facilities Power System Studies (Arc Flash) Attachment "A" — Scope of Services BACKGROUND The City of Fort Worth Water Department water plants and pump stations have been modified and expanded with numerous capital projects over many years. Over the last fifteen years, most new pumping and treatment facility projects that included electrical equipment installatoins have required short circuit and coordination studies generally provided in paper copy format as a shop drawing Over the last five years, many projects have also included an arc flash hazard analysis followed by field labeling of equipment. The pupose of this project is to provide: • Updated facility short circuit study and protective device coordination • Arc Flash Hazard Studies • Field labeling of arc flash hazards • Staff training on arc flash safety and SKM PowerTools software The short circuit and coordination studies and arc flash hazard analysis shall be performed from the utility primary source of connection down to 480 volt motor control centers and 120 volt branch panels. Facilities to be analyzed include the list shown in the following table. I Facility Rolling Hills WTP and HSPS North Holly WTP and HSPS South Holly WTP and HSPS Eagle Mountain WTP and HSPS Address 2500 Southeast Loop 820 1000 Fournier Street 1500 11th Avenue 6801 Bowman Roberts Eagle Mountain Raw Water Pump 8619 Eagle Mountain Cr. Station No. 1 and No. 2 Clear Fork Raw Water Pump Sta. Alta Mesa Pump Station Como Pump Station Cantrell Sansom Pump Station Fleetwood Pump Station Jenkin Heights Pump Station McCart Pump Station Sendera Pump Station Stagecoach Pump Station Westland Pump Station 1500 Old University Dr. 4328 Alta Mesa Blvd. 5920 Blackmore Ave. 1200 Cantrell Sansom Rd. 15201 FAA Blvd. 6113 Shadydell Dr. 8889 McCart Ave. 14391 John Day Rd. 8608 West Freeway 11066 Dorfan St. 1 of 6 ES1D 10443720002981069 10443720006249711 10443720002980914 10443720006635630 10443720007826648 10443720007826679 10443720009515064 10443720009515095 10443720009602887 10443720006647131 10443720007845589 10443720007845682 10443720007845713 10443720009602794 10443720009514971 10443720009515002 10443720002980976 10443720005597035 10443720008553905 10443720005596911 10443720005597159 10443720005597004 10443720008159895 10443720008647742 10443720009207667 10443720002981596 ASSUMPTIONS In developing the scope of work and associated task budgets discussed in this proposal, GAI has made the assumptions outlined below: 1. Existing short circuit and coordination studies at these facilities will be provided to the Engineer. 2. City of Fort Worth will make electrical personnel available to provide access to all facilities and equipment including opening electrical cabinets and enclosures 3. City of Fort Worth will provide authorization for Oncor (or other electrical service provider) to share account information with Consultant. 4. Consultant will assist City in selecting software, but is not responsible for purchasing, licensing or installing any computer software SCOPE OF WORK BASIC SERVICES SECTION TASK 1.0 — PROJECT MANAGEMENT Obiective To provide proactive project management for the work to be performed. Methodoloav P roject Management: A detailed project plan, including task definitions, work scope, and schedules will be developed and distributed to project team members. Monthly Progress Meetings will be held to provide routine and formal review of project schedule and status. Various submittal review workshops may be held in conjunction with these Monthly P rogress Meetings to avoid repetitious meetings. Notify Oncor of study and establish key contacts for project coordination. Any costs from Oncor associated with this study shall be the responsibility of the City. Staff will provide all existing power system studies and one line diagrams in electronic format (pdf) or paper copy. Conduct a project kickoff meeting that will include COFW staff members from both operations and engineering. The purpose of this meeting will be: • • • • • • • • Review the overall project goals, needs, methods, and constraints. Identify team members and their responsibilities Establish lines of communication Identify support needed from COFW. Review availability of existing documentation such as One -Line Diagrams, O&M Manuals existing power system studies, etc., and identify other data needs. Review the preliminary project schedule showing major task milestones. Schedule interim meetings. Identify factors that are critical to the success of this project Explain arc flash, the associated hazards, and Owner responsibilities. The process to prepare and complete a facility short circuit, coordination, and arc flash study. 2of6 • Describe theory, model computational techniques, required inputs, assumptions utilized, system configurations, explanation of model outputs, and a synopsis of applicable code and safety guidelines. Deliverables The following deliverables will be submitted to City of Fort Worth at the completion of the above listed activities: • Meeting Agenda. • Meeting Minutes. • Team organization chart. TASK 2.0 — POWER STUDY TASK 2.1 — Site Visits and Investigations Obiectives This task will involve involve a series of site visits and office review of various sources of documentation to obtain current as -built installation of electrical distribution and controls. Methodology Review existing short circuit, protective device coordination, arc flash hazard studies, and existing one line diagrams provided of all facilities to be analyzed. This will include: • A review of available as -built drawings and documentation including single line diagrams • Data collected from previous studies if available • Relay testing and setting sheets as needed. • O&M documentation as needed. • Field verification as required to complete the requested studies. Field check accuracy of existing one line diagrams, updating as appropriate. Gather equipment data as necessary to build a software model of the facility's power system This will include: • • • • it Cable sizes and lengths. Protective device sizes and settings. Transformer sizes and impedances. Motor sizes and types Photographic documentation of installed equipment, noting any physical isolating barriers present. Other information necessary to complete an accurate analysis. Staff electricians will be available to assist in providing field data, in the opening of electrical equipment and panels and in coordinating outages necessary to obtain field data. Perform a visual assessment of the electrical equipment at those facilities during the data collection task It is the team's opinion that this type of assessment is essential as part of an overall effort to identify any potential safety issues. The results of the assessment and recommendations will be included in the overall study document. Review results of field data collection with staff in a series of workshops. These will: • Identify holes in collected data and develop plans on how to obtain the missing data. • Provide status of progress made in performing site work. • Review serious issues of potential safety concerns identified during site work. 3of6 Our data collection process will be conducted by several electrical engineers and designers. To achieve data uniformity and consistency, the team will develop and use standardized equipment datasheet forms Deliverables Not only will the raw data collected be turned over to City of Fort Worth, but updated one -line diagrams CADD files and equipment schedules will be provided for future reference as well. An inventory of equipment and systems surveyed will be compliled and provided to City of Fort Worth for review. The inventory will be provided as a Microsoft® Excel® spreadsheet. Digital formatted photographs will be provided in JPEG format. The following deliverables will be submitted to City of Fort Worth at the completion of the above listed activities: • One line diagrams of all facilities included in the study in AutoCad format. • System inventory. • Description of site conditions. • Meetings minutes from workshops. TASK 2.2 — Prepare Preliminary Power Study Objectives Prepare a preliminary short circuit, protective device coordination and arc flash hazard study for each facility. Arc flash analysis shall include incident energy levels, arc flash protection boundary distance, hazard risk category, and required protective clothing. Methodoloav The modeling will be done using PowerToolsTM by SKM Systems Analysis. Perform internal peer review of the input data, modeling, and preliminary results. GAI will utilize a multi -step review process for this report: • First, a draft version of the document will be submitted for review by City of Fort Worth. • Two weeks after submitting the draft documents, GAI will conduct a 2-hour meeting to review the draft reports with City of Fort Worth and answer any questions about the content. This initial review meeting may be held in conjuction with a monthly progress meeting to avoid repetitive meetings, and the reports for several similar facilities may be incorporated into the same meeting. • City of Fort Worth will then review the documents within two weeks will provide written review comments to GAI. • Once GAI has received City of Fort Worth's written review comments, GAI will conduct a meeting to discuss the comments with City of Fort Worth. GAI will prepare a formal response to each written comment made by City of Fort Worth. This meeting will be in addition to the monthly progress meetings. It is anticipated that the meetings for the pump stations will each cover reports for multiple locations. • Modifications necessitated by these comments will then be incorporated into the draft reports. Deliverables Provide a draft final report, documenting: • • • Protective equipment settings that need to be modified Over current protective devices with inadequate short circuit current interrupting ratings Equipment locations with dangerous incident energy levels. 4 of 6 • Recommendations on improvements to reduce or mitigate areas of high hazard risk Conduct a set of review meetings with City of Fort Worth Staff: • Review preliminary results for each site. • Identify areas of concern related to lack of detailed data. • Identify areas of excessive arc flash hazards. TASK 2.3 — Prepare Final Power Study Report Objectives This task will finalize the Power Study Report. Methodoloav GAI will incorporate all necessary comments from City of Fort Worth staff and internal quality reviews based on the draft report submittal • Two weeks after submitting the final document, GA! will conduct a two hour meeting to review the document with City of Fort Worth and answer any questions about the content. This review meeting should be held in conjuction with a monthly progress meeting to avoid repetitive meetings. Deliverables The following deliverables will be submitted to City of Fort Worth included in the engineering report: • Raw field data, equipment schedules, and equipment condition assessment. • One -Line Diagrams. • Protective Device Coordination Curves. • Arc Flash Hazard Report, including a PPE table that defines the PPE classes and clothing descriptions identified in the reports and labels • Preliminary recommendations for improvements and options for mitigating those locations that have been determined to present a hazardous level of arc flash energy along with preliminary opinions of probable construction costs Based on comments received at the workshop, finalize the report, providing to City in both hard and electronic copies. Opinions of probable construction costs are engineering estimates and are not warranted. TASK 3.0 — Field Labeling Objectives Provide and install ASTM compliant environment and chemical resistant arc flash hazard warning labels per NEC Section 110.16. Methodoloav GA! will provide sample labeling to City of Fort Worth for review and approval of wording. Following final approval of labeling, GAI will install labels on all electrical distribution and controls equipment from the utility primary source of connection down to 480 volt motor control centers and 120 volt branch panels. Deliverables Bus Labels will be generated for each fault location. The Zabel will include: 5of6 • • A summary of the flash boundary. Incident energy. PPE classification. Limited, Restricted, and Prohibited Approach boundaries based on the nominal system voltage. Labels will be installed directly on the equipment. TASK 4.0 — Training Objectives Provide safety training for entire Water Department electrical and instrumentation staff. The City plans on purchasing a network license of SKM PowerTools software, including: • "DAPPER' module for load flow and voltage drop analysis. • "CAPTOR' module for coordinating protective device settings. • Arc Flash Evaluation module for calculating incident energy and protective boundaries. Consultant will provide the city with data files of the finished facility studies and train the staff on how to utilize the software, how to update the studies should equipment be modified, how to develop a new study, and how to develop reports from the software. Methodology Training will be conducted on multiple dates in order to minimize impacts on operations and maintenance of facilities. Training will be conducted in two different classes: • SKM Software Goal: How to use the software; how to modify and add to the study; how to develop a new study; how to develop reports. The training class will utilize City -owned equipment and software. This training will have two topics: o Use of SKM including licensing restrictions o Manipulating the individual power study models from each of the power systems • Safety Training Goal Help COFW employees to work more safely, recognize the potential for hazardous locations, and apply proper safety techniques and tools. o Arc Flash understanding o Tools Safety procedures o Mitigation techniques and procedures Deliverables Training guides and copies of SKM modeling files for each site. SPECIAL SERVICES SECTION None identified at this time FEE The scope of work defined above is to be performed on a fixed fee basis as shown in Attachment "8" — Compensation 6of6 City of Fort Worth Water System Electrical Power Studies Attachment "B" - Compensation Location Rolling Hills WTP & HSPS (by CDMS) North Holly WTP and HSPS (by FNI) South Holly WTP & HSPS (by FNI) Eagle Mountain WTP & HSPS Eagle Mountain Raw Water Pump Station 1 & 2 Clear Fork Raw Water Pump Station Alta Mesa Pump Station Como Pump Station Cantrel Sansom Pump Station Fleetwood Pump Station Jenkin Heights Pump Station McCart Pump Station Sendera Pump Station Stagecoach Pump Station Westland Pump Station Additional Tasks Total Scope Total Fee $ 227,429 $ 107,453 $ 73,869 $ 104,639 $ 46,591 $ 15,892 $ 15,892 $ 15,504 $ 10,096 $ 10,096 $ 10,096 $ 10,096 $ 10,096 $ 10,096 $ 10,096 $ 71,456 $ 749,398 4/28/2014 Page 1of 1 City of Fort Worth Water Department Water Facilities Power System Studies (Arc Flash) Attachment "C" — Amendments to Standard Agreement for Engineering Services Not Applicable ID 2 3 4 5 8 9 11 12 13 14 15 0 Task Name tOFW Council Award Kickoff Meeting 1Field Data Gathering Duration 0 days 1 day Start Wed 4/23/14 City of Fort Worth Water Department Water Facilities Power System Studies (Arc Flash) Attachment "D"— Project Schedule Finish .1 May I June I July [August 1September 1 Octobe 4/13 4/.2.914/2z154 . 15ii 115/1815/25 I....6/..1 _1S/$ 16/1516/22,1„6/2,11/6 1711.317/.3017/221_913 19t1,018/1718/211913119/7 Au 4191.?..119/2911Q/5.. Wed 4/23/14 4/23 Wed 5/14/14 Wed 5/14/14 1 mon Preliminary Model Development 1 mon Draft Report Development Draft Report Submittal Draft Report Review Draft Report Review Mtg Field Data Gathering Final Model Development Final Report Development Final Report Submittal Final Report Review Final Report Review Mtg Training Label Installation Project: Master Project Template Date: Mon 4/28/14 Task Split Progress 2 wks 1 day 2 wks 1 day 2 wks 3 wks Thu 5/15/14 Thu 6/12/14 Fri 5/30/14 Thu 6/26/14 Fri 6/20/14 Thu 7/3/14 MOn 7/7/14 ' Mon 7/7/14 Tue 7/8/14 Mon 7/21/14 Tue 7/22/14 Tue 7/22/14 Wed 7/23/14 Tue 8/5/14 Wed 7/30/14 Tue 8/19/14 2 wks Wed 8/20/14 Wed 9/3/14 1 day 2 wks 1 day 2 days 5 days Thu 9/4/14 Thu 9/4/14 Fri 9/5/14 : Thu 9/18/14 Fri 9/19/1141' Fri Mon. 9/22/14 "Tue 9/23114 Wed 9/24/141 Tue 9/30/14 Milestone Summary Project Summary • 111.1111111111111. 4,-pt„r,,s,eklF,A1P4t-rtc$4i Page 1 of 1 External Tasks External Milestone Deadline •[<,,‘ }fa n;thiti ------'"1 DATE (MM/DD/YYYY) A� n CERTIFICATE OF LIABILITY INSURANCE 4/29/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT:. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: CT Brian R Hadar McLaughlin Brunson Insurance Agency, LLP PHONE X 12801 North Central Expressway LAIC. No.Esti: (214) 503-1212 rAIC.Not:(214) 503-8899 E-MAIL Suite 1710 ADDRESS: Dallas TX 75243 INSURED Gupta & Associates, Inc. 13626 Gamma Road Dallas TX 75244 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers INSURER B : Travelers INSURER C : Travelers INSURER D : AXIS Insur INSURER E : INSURER F : Indemnity Company Lloyds Ins. Company Casulaty & Surety Co. ance Company 25658 41262 19038 37273 COVERAGES CERTIFICATE NUMBER: Cert ID 24550 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE INSR WVD POLICY NUMBER :MMIDDY/YYYYI (EFF MM/DD ) LIMITS EXP LTR INSR WVD GENERAL LIABILITY B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY I X I JECO- I LOC AUTOMOBILE LIABILITY A X ANY AUTO ALL OWNED AUTOS HIRED AUTOS A X UMBRELLA LIAB EXCESS LIAB DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below D Professional Liability C SCHEDULED AUTOS NON -OWNED AUTOS X Y Y PACP5035M775 6/27/2013 6/27/2014 Y Y BA5038M06A OCCUR CLAIMS -MADE Y/N NIA Y CUP0449T154 Y UB5697Y826 N Y MBZ778916/01/2014 6/27/2013 6/27/2014 6/27/2013 6/27/2014 4/5/2014 4/5/2015 1/17/2014 1/17/2015 EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE X I TORY LIMIT WC STATU-S I E.L EACH ACCIDENT $ $ �$ $ OTH- ER Is E.L DISEASE - EA EMPLOYE $ E.L DISEASE - POLICY LIMIT I $ Per Claim $ Annual Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. Thirty (30) day notice of cancellation in favor of certificate holder on all policies. The City of Fort Worth include its employees, officers, officials, agents, and volunteers as respects the contracted services are named as additional insureds on the general, auto and umbrella liability coverages as required by contract. A waiver of subrogation is shown in favor of the additional insured on all policies. RE: City of Fort Worth Water Department Water Facilities Power System Studies (Arc Flash) 2,000,000 2,000,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 2,000,000 4,000,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth 1000 Throckmorton Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE retie/Ali 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 1 of 1 M&C Review Page 1 of 2 CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 4/15/2014 DATE: 4/15/2014 REFERENCE NO.: CODE C LOG NAME PUBLIC HEARING: SUBJECT: Authorize Execution of an Engineenng Agreement with Gupta & Associates, Inc., in the Amount of $749,398.00 for the Power System and Arc Flash Study at Various Water Treatment and Pumping Facilities (ALL COUNCIL DISTRICTS) TYPE: **C-26770 CONSENT • 60POWER SYSTEM AND ARC FLASH STUDY NO RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Agreement with Gupta & Associates Inc , in the amount of $749,398.00 for the Power System and Arc Flash Study at various water treatment and pumping facilities. DISCUSSION: A facility power system and arc flash study is designed to protect Staff personnel and equipment by minimizing the potential fault currents tuning protective devices, and alerting Staff to arcflash hazards by providing informational labels on all panels that include site specific required personnel protective equipment. As part of this project, a power system and arc flash study will be performed at the Rolling Hills, Holly, and Eagle Mountain Water Treatment Plants and High Service Pump Stations. In addition, the study will include three raw water pump stations as well as nine booster pump stations. Furthermore, Gupta & Associates, Inc., will provide Staff training on the computer analysis software so that the studies can be updated by Staff in the future. Completion of this study should reduce the nsk of damage to electrical equipment resulting from short circuits and help protect Staff by providing equipment labels containing arc flash information and required personal protective equipment. M/WBE Office - Gupta & Associates, Inc., is in compliance with the City's BDE Ordinance by committing to 15 percent SBE participation on this project. The City's SBE goal on this project is 15 percent. Additionally, Gupta & Associates, Inc. is a certified M/WBE firm FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds were not specifically budgeted for this project in Fiscal Year 2014, however, the department has identified current year savings to offset the full cost. TO Fund/Account/Centers FROM Fund/Account/Centers PE45 531200 0605001 $749,398.00 Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) S. Frank Crumb (8207) Chris Harder (8293) http://apps.cfwnet org/council_packet/mc review.asp?ID=19632&councildate=4/15/2014 5/1/2014