HomeMy WebLinkAboutContract 28418�ITY �E�f�E`i�O�� � `I,(
CIiY �� �ORT F�91QF�iH, i�� C:�N"f'f�A�°�' 11� .__ `f i�
STAN�AR� ��R��AN�NT I�O� �[d�ifV��RING S�RVI��S
ihis AGRFEMENT is between the Ci�y of Fort Worth (t�e °CITY"), and Halff Associates,
Inc. (the �I�NGIN�ER"}, for a PROJ�CT generally described as: Viilage Cre�k Wastewater
Treatment Plant Biasolids Processir�g and Disposal.
Ariicle 1
�eop� of Services
A. The Scope of Services is set fatth in Attachment A.
A�fiicle 1�
�ompensa�i�n
A. The ENG�N��R's compensa#ion is set #orth in Attachment B.
Ariicle lil
Te�ns o� �aymen�
Payments to the �IWGINEER will be made as follows:
�. Indo��� and P�yment
(�} The Er�gineer shall provide the City sufficient documentation to reasnnably
substantiate the invoices.
(2} Monthly invvices will be issued by the ENGINE�R for all wrrk perfarmed
under this AGREEMENT. In�aices are due and payabie within 30 days afi
receipt.
(3) Upon completian of servfces enumerated in Article�, the fnal payment of
any balanc� will be due within 30 days af receipt of the final in�aice.
(4) In the event af a disputed or cantested billing, o�ly thaf poriion so coniested
wili be withheld from payment, and the undisputed partion will be paid. The
CIiY will �xercise reasanableness in contesting any bill or porkion thereof.
No interest will accrue on any contested partian of #he billing until mutually
�esolved.
(5) If t�e CITY fails to ma�e payment in ful! to ENGIN��R for billings eoniested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving se�en (7) days' wntten notice io eliY, suspend s�r�ices under this
AGREEMENT until paid in full, including in#erest. In the e�ent of
suspensinn of services, the ENGINEER shall have no Iiab�Eity #o CI�Y for
delays or damages caused the CfTY b�cause of such suspension of
5�NIC�S, _
� ��� 1
-�- � � �
. �� �
,�rCicle I�
Oblig��ions of the �ngir��er
Amendments ta Articfe IV, if any, are included in AttachmentC.
A. General
The ENGINEER will serve as the CITY's professional engineering r�presentati�e
under this Agreement, providing prafessiana� engineering crosultation and advice
and furnishing customary s�rvices incidenia) thereto.
�. �tantla�d � �are
ihe standard of care applic.�ble to the ENGINEER's services wil[ be ihe clegree af
sk�1f and difigence normally emplayed in the State �f Texas by profession�
engineers ar consuktants performing the same or similar services at the time such
services are performed.
C. �ub�u�i�c� lnd���igafiio�s
(1) The ENGINEER shalf advise the CITY wi#h regard to the necessity for
subcontrac� war�c such as special surveys, tests, test borings, or other
sub�urFace investigations in connection wi#h design and engineering work
to b� perFormed hereund�r. The ENGINEER shall also advise the CfTY
conc�rnin� the results af same. Such surveys, tests, and investiga#ions
, shall be fumished by the CITY, unless otherwise specified in AttachmentA.
(2) In sails, faundatiort, gr�undwater, and other subsurface investigatians, the
actual characieristics may �ary significantly between successi�e test points
and sample intervals and a# locations o#her than where observations,
�xploration, and inves#igatior�s have heen made. Becaus� of #he inherent
uncer�ainties in subsurface evafuatians, changed or unan#icipated
underground conditions may occur that could affect th� tota! Pf�OJECT cost
andlar exec�tion. These conditions and castlexecution effects are nat the
� resp4nsibility Qf the �MGINEER.
D. �re�a���ion of �ngineer�ing �?rawings
TY�e ENGINEER will provide to the CITY the arig'rnal drawings of all plans in ink on
repraducible plasti� fiim sh�ts, ar as otherwise approved by CITY, whEch shall
become the prope►ty of t�e CI'T�l. CITY may use such drawings ir� any manner it
desires; provided, however, that the ENGINEER shall not foe iiable for the u�e of
such drawings for any project ather than the PR�JEC?' described her�in.
-2-
�. Engineer's Re��nnnel a� Consgruction Sifie
(1) i`�e �resence or duties of the ENGINEER's personnel at a constructian site,
whether as an-site representatives or otherwise, do not mak� the
ENGINEER or its persannel in any way respo�sible for those duties that
belong #o the CIiY and/or the CIiY's construction contractors ar other
entities, and do not relieve the construction contractors or any ather �ntity of
t�eir obligations, duti�s, and responsibilities, including, but not fmifed io, all
c�nstruction methods, rneans, fechniques, sequences, and proced�res
necessary for coordinating and completing al� portior�s of the construction
work in aceordance with the Contract Dacuments and any health or saf�ty
precautions required by such constructian work. The ENGINEER and its
pe�sorrnel ha�e no autho�ty to exercise any control over any canstruction
contractor or o#her enti#y ar their employees in connection with their wark or
any health or safety precautions.
(2) Except #o the exter� of specific site visits ex�ressly detailed and set farth in
Attachrnent A, the ENGINEEFt or its p�rsonnel shall have no obfigation ar
responsibility to visit the cor�struction site io become familiar with the
progress or quality of the complet�d wark on the PROJ�CT or to de#ermine,
in ger�eral, if the work on the PR�JECT is being ��rFormed in a manner
indicating that the PROJECT, when compieted, wt[I be in accordance with
the Contract Dacuments, nor sha[[ anything in the Contract Documents a�
the agreement b�tween C��Y and ENGINE�R be construed as r�quiring
ENGINEER ta ma�e exhaustive or continuous orrsite inspectians #a
discouer [atent defects in the war�c or otherwise check the quality or quar�tity
af the wor� on ihe PFtOJ�CT. �f, for any reason, the ENGINEERshou�d
, make an on-site obsenration{s), on the basis of such on-site observations, if
any, the �NGIN��R shafl �ndea�ar to keep the C1TY i�formed af any
d��iation from the Contract Documents coming to the actual nokice af
ENG�NEER regarding the PROJECT.
(3} When professionai certi€icatior� of pertormance or c�aracteristics of
ma#erials, systems or equi�ment is reasonably required to pertorm the
services sefi farth in the Scope of Ser�ices, the ENGINEER shalf be entitled
to rely Upor� such ce�tification to es�ablish materials, systems nr equipment
and perfarmance criteria ta be required in the Contract Dacuments.
�'. �pinians of Prohable �osi, �inanci�l Considerafiior�s, and Sc�edules
(1} T�e ENGINEER shal� prov�de opi�€ans of pr�bable costs based on the
current availabie information at the time o# preparation, in accordance with
Attac�mer�t A.
(2} In providing opinions of cast, finar�cial analyses, econamic feasibility
prajections, and scF�edul�s for the PROJECT, the �NGINEER has no
�ontral over cost or price of labor and materials; unknown or latent
con�itians of existing equipment or structures that may affect o�eration or
maintenancs costs; competiti�e bidding proeedures and market conditions,
time or qualify of performance by third parties; quality, type, management,
-3-
or directian of operating personnel; and b#her economic and operational
factors that may materially affect the ultimate PRO.fECT cost or schedule.
Ther�fore, the ENGINEER makes no warranty that tY�e CITY's actual
�ROJ�GT costs, financial aspects, economic feasibility, ar schedules will
not vary from the �NGINEER's apinians, ar�alyses, projections, or
astimates.
�. Cons�ruc�ior� ���gr�ess Paymenfis
Recommendations by tf�e ENGINE�R to the CITY for periadic cansinjcEion
pragress payments to the con�truckion contractor will be based on the
�NGIN��R's icnawledge, information, and belief from s�l�ctive sampling and
abservatior� thak the work has pragressed to the paint indicated. Such
recornmendatians do not represent tha# continuous ar detailed examinatbns have
been made by the EN�INEER ta ascertain that the canstructian cvntractar has
comp[eted the wo�k in exact accordanc� with the Cor�iract Documents; that the final
wor� will be acceptable in all respects; that the �NGINEER has made an
examina#ion to ascertain how ar far what purpose the constrtactian contractor has
used the mon�ys paid; that #ii[e to any of the wor�c, materiais, or equipment has
passed ta the C[TY free and c�ear of lie�s, claims, security interests, or
encumbrances; ar that there are not other matters at issue between the CITY and
the constnactian contractor that affect the amoun# t�at should be paid.
H. �ie�ord �rarwings
Recorcf drawings, if required, will be prepared, in part, on the �asis of infarmation
campifed and fumished by others, and may not always represent the exact location,
#ype of various campo�ents, or exact manner in which the PROJECT was fnafly
car�structed. The �NGIN��R is not respons�hle far a�y errors or omissions in the
infarmatian from others that is incorporated 'nto the record drawings.
I. NAinorirry and l�oman �usiness �nfie�prise ({4lIIIV���} pa�ticipafiion
in accord with City of Fort Worth Ordinance No. 1'C923, the City has goafs far the
participation of minority business enteE-prises and woman buszness enterprises in
City con#racts. Engineer acknowledges the MIW�� goa� established for this
contract and its commitment to meet t�at goal. Any misrepreser�tation af facts
{other than a negligent misrepresentation) andlar the cammission of fraud by i��
Engineer may result in the termination o# this agreement and debarment from
participating in City con#racts for a period o# time of not less than thre�; (3) years.
.�. �ighfi �o Audifi
(1 } �NGINE�R agrees t�at the CITY sha11, until t�e expiration of three (3) years
after final payment under this contract, �ave access to and tF�e right to
examine and pho#oco�y any directly pertinent books, documents, papers
and records of the �NGINEER invofving transactians relating tfl this
cantract. ENGINEER agrees that the CITY shall �a�e acc�s during
normal warkir�g hours to al� nec�ssary �NG[NEER facili#ies and sha�l be
pravided ade�uate and appropriate work space in order to conduct audits in
-4-
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice a� in#ended a�dits.
(2) ENGWEER further agrees tv inc[ude in all iis subcansultan# agreements
hereunder a pravision to the effect that the st�bconsultant agrees that the
CITY shall, until th� expiration of �hree {3) years after #inal payment under
the subcon#ract, haue aceess to and the right to examine and photocopy
any directly pe�tinent boa�s, documents, papers and records of s�ch
subcnnsu[tant, in�olving transactions to the sub�ontraci, and further, that
the ClTY shal! have access during normal working hours to all
subconsuitant facilities, and shall b� provided adequate and appropriate
wor�t space, in order to conduci audits in compliance with the provisions �f
khis arkicle together with subsectian (3)hereof. CITY shall give subconsultant
reasonable advance notice of intended audits.
(3) �NGINEER and subeonsultant agree ta photo copy such documents as
may be requested by the CIiY. ihe CITY agrees to reimburse ENGINEER
for the cost o# copies at the ra�e published in the Texas Administrative Code
in effect as of the time capying is perfarmed.
F�. FNGIf���i�'� insurance
(1) Insurance coverage and limits:
ENGfNEER shail pravide to tf�e City certifcate{s} of insurance documenting policies
af the folbwing co�erage at minimum iimits which are #o be in effect prior to
commencement �f wor�c on the PROJECT:
Commercial General Liabifity
$1,000,004 each occurrence
$2,0OO,OflO aggregate
Autamabile Liability
$1,OOQ,000 each accide�t {or reasonably equivaEent limits of caverage if written on
a spiit limits basis). Coverage shall be on any �ehicle �sed in the course of the
PR�J�CT.
Worker's Compensatior�
Coverage A: statutory limits
Caveraga B: $1Q�,OOa eac� accident
$500,000 disease - policy limit
$10Q,D00 disease - each em�loyee
Professianal LiabiIity
$1,000,000 each claimlanr�ual aggregate
(2) Certificates af insurance evidencing thai the ENGINEER has obtained all
required insurance shall be delivered to the CIlY prior ta ENGiNEER
proceeding with the PRO.JECT.
_5_
(a) Applicable policies shall be en�orsed to name the CITY an
Additional lnsured thereon, as its int�rests may appear. The ierm
CITY sha�f incfude its employees, officers, afficials, agents, and
rrolur�teers as respects f�e cantracted services.
(b) Certificate(s} of irtisurance shall doctiment that insuranr,e caverages
specified according ta items section K.(1} and Ft.(2) of this
agreement are pro�ided under appficabie palicies documented
thereon.
{c) Any failure on par� af ihe CITY to request required insurance
docume�tation shall not constrtuie a waiver of the insurance
rEquirements.
(d) A minimum of thirty (30) days noiice of can�eflatian, nor�renewal or
rnaterial change in cflverage shall he pravided to the CITY. A ten
{1 a) days notic� shall be accep#able in the event of non-payment of
premium. Such terms shall be endorsed onto ENGINEER's
insurance policies. Notice shall be sent to the respecti�e
Department Directar (by name), City of Fart Worth, 1a00
Throckmorton, �'ork Wort�, Texas 76902.
(e} Insurers for afl potic9es must be authorized to do b�siness in the
state of Texas or be okherwise appraved by the CITY; and, such
insurers shail be acceptable to ihe CITY in terms af their financial
strength and solvency.
(t} Deducti�le Eim�ts, or self ir�su�ed reterfiions, affecting insurance
required herein may be acce�ta�le t� the CITY at its soEe discretion;
and, in lieu of tradi#ional insUrance, a�y altemative co�erage
maintained thraugh insurance pools or risi� reterrtion groups must be
alsa approved. Dedicated financial resources or letters of credit
may also be acceptable to the City.
{g) Applicable policies shall each be endorsed with a waiver of
subrogatian in fa�or of the CITY as �s�ects the PROJECT.
(h) The City shall be enti#�ed, upon its request aid without incurr�ng
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at fh� CIIY's discretian, th� ENGINEER
may be required to pra�ide proof of insurance premium payrnen#s.
(I} 'f�e Commerc�al General Liability insurance policy shall have no
excl�sior�s by endorsements unless such are approved by the CITY.
(j) ihe Professiflna� Liability insurance policy, if written on a claims
made basis shail be maintained by the ENGINEER for a minimum
two (2) year period s�bsequent ta the #erm of the respecti�e
PROJ�CT contrac# wi�h the CITY unless such cv�erage is prouided
the �NGIN€�R on an occurrence basis.
�
{k) The CITY s�ali not � respansible for the direct payment of any
insurance premiums required by this agreement. It is understood
tha# insurance cost is an allowabie camponent of �NGINEER's
overhead.
(f) A[I insurance required �n sectinn K., except for the Professior�al
Lia6ility insurance polic�r, shaif be written on an accurrence basis in
order to be approved by the CITY.
(m} Subcansuitants to tf�� ENGINE�R �ha�[ be required by #�e
ENGINEER to maintain the same or reasonably equivalent
insurance coverag� as required for the ENG[NEER. VV�en
insurar�ce co�erage is maintained by subcansultants, ENGIN�ER
shall provide CITY with documentation thereof on a ce�tificate af
insurance. Notwithstanding anything to the conirary cantained
herein, in the event a subconsuitant's insurance coverage is
canceled or terminated, such cancellation ar termination shall not
constitute a breach by ENGINEL��t of the Agreeme�t_
!.. Independen� �onsul�an�
The ENGINEER agrees ta perform all services as an independent consultani and
not as a subcontractor, agent, or em�[vyee of the CITY.
19�. Disclosure
,The ENGINEER acknowledges to the C[TY that it has made full disclosure in
writing of any existing conflicts �f interest or potential conflicts a# interest, including
personal financial interest, direct or indirect, in p�operty abutting the proposed
PR�J�CT and busir�ess relationships with a�utting property cit�es. The
�NGIN��R 'further acknowledges that it wilf make disclosure in writing o� any
contlicts of �nterest wh�ch develop subsequent to the signing of this con#ract and
prior to fi�al payrnen# under t�e contract.
�. A��e�4�s a� b�a�dous Su�is�ance�
{1) If asbestos or �azardaus substances in any form are eneouniered ar
suspected, the ENGINEER will stop its own work in the affected portians of
the PROJECT to permit testing and evaluation.
{2) If asbestos or other hazardous su�stances are suspec#ed, the �NGIN��R
will, if requested, assist the CITY in obtaining the services of a�ualified
subcdn#ractor to manage the remediation activities of the PR�JECT,
8. �epmiffing �ee��hopifies � �esign Ci���g��
If permitting authorities require design changes so as tfl comply with published
design criteris andlar current engine�r�r�g practice standards which the �NGIN��R
should ha�e been aware of at the time this Agreement was executed, the
-7-
ENGINEER shall re�ise plans and specifications, as required, at its own cost and
expense. However, if design char�ges are required due to the changes in the
permitting authorities' published design criteria andlar practice standards criteria
which are published after the date of this Agreement which the ENGNE�R cauld
not have been reasanably aware o�, the ENGiNEER shall notify the C[TY of such
char�g�s and an adjustm�nt in campensation will be made through an amer�drnent
to this AGR��MENT.
A�icfe 1�
Oblig�fi��s �� fhe �ifjl
Amendments to Article V, if any, ae indUded in Attachment C.
�. Ci�-�ur�nisF�ed �a�a
The CITY will ma�e a�ailable to the ENGINEER all technical daia in th� CITY's
possession relating to ihe ENGIN�ER's services on the PROJECT. The
ENGINEER may rely upor� the accuracy, tim�lin�ss, and compie#en�ss of #he
informa#ion pravided by the C�TY.
�. �ecces� to �acili�ies and �Poper�iy
The C{TY will mak� its facilities accessib[e to the �NGIN�ER as required for the
�NG�N�ER's performance af i#s SBNIC�S and will provlde labor and safety
equipr�ent as r�q�ired by th� ENGlNEER for such access. The CITY wil� perForm,
at no cast to the ENGiNEER, such tests of equipment, machinery, pipelines, and
other components af the CITY's facilities as may be r�quired �� connection with the
ENGINEER's services. Ths C1TY will b� responsibl� fa� all acts of the CETY's
pe�sonnel.
�. �dr►enisemen4s, �ermi�s, and �c�ess
Unless otherwise agreed to ir� the 5cope of Services, the C�TY wi[f obtain, arrange,
and pay fvr all adve�isements for bids; permits and [icerses required by local,
state, or federal authvrities; and land, easements, rights�of-way, and access
necessary for the ENGINEER's services or PROJ�Ci construc�ion.
�, Yimely �eview
The CITY will examine the ENGINEER's studies, reports, ske#ches, drawngs,
specifications, proposa�s, and other documen#s, obtain advice of an attorney,
insurar�ce counsefor, accountan�, auditor, bond an� financial advisors, and other
consuitants as the CITY deems appropriate; and render in writing decisaans
required by the CITY in a timely manner in accordance with th� project schedule in
Attachment D.
�. Prompfi �lofiice
The CITY will give promp# written notice ta the ENGfNEER whenever C1TY
�
observes or becomes aware of any development that affects the scope or timing af
the ENGINE�R's services or of any defect in th� work af the ENGiNEER or
constructian contractors.
�. A�bestas or Ha�ardous Substances a�� lndemnifica�ion
{1) Ta tne maxim�m extent perrnitted ay law, the CiTY will indemnify and
release �NGINEER ar�d iis-officers, emplayess, and subcantractors from al!
claims, damages, losses, and costs, inc��ding, but not [imited to, attomey's
#ees and ii#igation expenses arising oui of or relating to the presence,
discharge, release, or escape of F�a�ardous substanc�s, cantaminants, or
asbestos on or from the PROJECT. Nothing contained herein shap be
consirued fo require #he CITY to levy, assess or col�ect any tax to fund this
indemni#icatian.
(�) Yhe indemnificatian and release required above shall not apply in the e�ent
tne discharge, release or escape of harardous substances, contaminants,
or asbes#os is a resuEt of ENGINEER'S negligence or if such hazardous
substance, contaminant or asb�stos is brought onto the PRO,IECT by
ENGINEER.
�. Con���c�op I�dem�ifica�ion �nd Claims
The CITY agrees to include ir� alf constructio� cantrac#s ihe pra�isians of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing coniractor indemnification of the CITY ancf the ENGINEER for
contracior'$ negligence.
H. Can4��c�oP Cl�;ims �rtd �hipt��arr�y �ene�iciar�i�s
('!) The CITY agrees to �nciude the fallowing clause in all contracts with
cor�strucfion contractors and equlpmer�t or materiafs suppliers:
"Contractars, subcontractors ar�d equipment and materials suppliers
on the PRC?JECT, ar their sureties, shall maintair� no direct action
against the ENGINEER, its ofFicers, employees, and subcontractars,
for any claim arising out af, in connection with, or resulting from the
engineering services perform�. Only the CITY� will be the
beneficiary of any undertaking by the �NGINEER."
(2) This AGREEMENT gives no righ�s or benefits to anyone other than the
CITY and the ENGINEER and thes-e ar� no third-party beneficiaries.
(3) The CITY wiil include in each agreement it enters inta with any other entity
or person regarding the PROJECT a pro�ision that such er�#ity or person
shall ha�e no third-party beneficiary rig�ts under this Agreement.
(4} Nothing contair�ed in this sectior� V.H. shall he construed as awaiver af any
r�ght the CITY has to bring a claim againsi ENGINE�R.
�
L CIT1f's Insur�ance
('[) The CITY may maintain praperty ins�arance on certain pr�existing
structures associated with the PROJECT.
(2} The CITY will ensure that Buiiders Riskllnstalatio� insurar�ce is mair�taineci
at th� re�[acement cost �a[ue of the PR�JECT. The CITY may pro�ide
ENGINEER a copy ofi the policy or documentation of such on a certifcate of
insurance.
(3) The CITY will speci#y f�at the Builders Riskllnsta�latian insuraice snall be
comprehen�Ne in co�erage appropria#e to the PROJFcCT ris�s.
J. �ifiigafiion Assisfiance
The Scope af Services daes not include costs of tY�e ENGINEER for required or
requested assistance to suppar�, prepare, �ocument, bring, defend, or assi� in
litigatian undertaker� o� defe��ed by the CITY. In the �ve�t CITY requests such
servic�s of the �NGINEER, #his AGREEM�NT shall� he amended or a separate
agreement will be negatiated between the parti�s.
K. Chan�es
The CITY may ma4�e or apprave changes wit�in fhe g�neral Scope of 5ervices in
ihis AGREEMENT. If such changes affect the ENGINEER's cost o# or time
required for perFormance of the services, an equitable adjustment will be made
througt� an amendment ta t�i� AGREEMENT with appropriate CITY aq�ro�aE.
qrfiic[� IAI
Ceneral Legal I�rovisions
Amendmenis to Article VI, if any, are included in AttachmentC.
A. �ughori��fion �a ��oceed
�NGINEFR shall �e authorized to proceed with this AGREEAII�NT upon receipt of
a written Notice to Proceed frarn ihe CfTY. -
�. �eu�e og �r��ecf �ocum�nts
All d�signs, drawings, specificafions, d�c�men#s, and ather worf� prflducts of the
�NGW��R, whether in hard copy or in electronic form, ara instruments of s�rvic�
for this PROJECT, whether the PROJECT is completed a�- nat. Reuse, change, or
alteratian by the CITY or by others actir�g t�rough or an behalf of the CITY of any
such instruments of service without t�te written permissian of the �NGINE�R will be
at fY�� CITY's sole risk. The final designs, drawings, specifcations ar�d docurnents
shall be awned by the CITY.
C. ���c� f�ajeure
-10-
The ENGINE�R is not responsible for damages ar delay in performance caused by
acts of Gad, stri�ces, lockouts, accidents, or other events beyond the can#rol afi t�e
ENGINEER.
I�
Yermination
(1} This AGRE�MENT rnay be t�rminaied only by the City for con�enience on
30 days' written notice. This AGREEMENi may �e termina#ed by eitl�er the
CIiY or the ENGINEER for cause if either party faifs substantially ta
perform t�raugh no fault vfi the other and does no# commence correc#ion af
such nanper�ormance with five (5) days ai written notice and di[igently
complete the correction thereafter.
(2) If this AGREEMENT is terrninated far the convenience of the Ciiy, the
ENGINEER will be paid for terminatian expenses as follows:
a} Cost of reproduction of �ar�ial or compl�te studies, plans,
sp�cifications or oth�r forms of ENGWE�R'S work product;
b} Out-ofi packet exper�ses
microfilm, electronic data
S�NIGES;
for purchasing s#orage containers,
files, and other data starage supplies a�
c) The time reguirements fior the ENGINEER'S personr��l to document
the work underway at ihe time the CITY'S terminatiar� for
can���ience so that #he work effort is suitable for long #ime storage.
�.
(3) Priar ta proceeding wit� termination services, the ENGINEER will sufnmit
to the CITY an ite�niz�d stat�men# ofi all te�mination expenses. The CITY'S
appro�al wii! be obtained iR writing prior to proceeding with termination
SBNICES.
�uspen�ion, Delay, or Irrterruption fio I�ark
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
con�enience of the CITY. In tY�e event o� such suspension, delay, or inierruptior�,
an equitable adjustment ir� the PROJECT� schedule, commitment and cost � the
ENGINE�R's personnel and subcontrac�ors, and �NGINEER's comper�sa#ion will
he made.
-11-
�. Indemni��afioR
(1) The ENGIIV�ER agrees ta i�demnify and defend the CtTY from an� loss,
cosi, or expense claimed by third parties far prope:#y damage and bodly
�njury, including death, caused solefy by the negligence o�-will#ul misconduct
of the �NGINEER, its employees, o�ic�rs, and subcontractors �n
connec�ion with the PFiOJECT.
(2) If #h� negliger�ce or willful misconduct of bath the ENGINEER and the C�TY
(or a person identified abave for wnom each is liable) is a eause of such
darnage or injury, the lass, cost, or expense shall be shared between the
ENGINEER and the CI7Y in proporkian ta their relative degrees af
neg�igence or wiilful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.D11(4} (Vernon Supplement 199fi).
C. Assigr�men4
Neither party will assign all or any part of this AGREEMENT without the prior written
cansent of the other party.
HI. Inte�peiati�n
Limitations on liability and indemnities in this AGREEM�NT are business
unders�andings between ihe parties and shall apply to all the differ�nt theories of
r�covery, inclucling breach of contract or warranty, tort including negligence, str'rct
or sta#utory liability, or any other cause of action, except for willful miscanduct ar
grnss negligence for limitations o# liability and sole negligence for indemnificatian.
Parties means the CiTY and the ENGINEER, and their afficers, employess, agents,
and subcontractors.
I. JUp[sdi�f'ton
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpr�tation a�d perFormance, and any other clairns related to it. The venue far
any litigatian re�at�d to this A�REEMENT shall be Tarrant County, Texas.
J. Altern�ie Di�pute �esolufiion
{� ) All cCaims, disputes, and other rnatters in question between the CITY and
�NGIN��R arising out of, ae in connection with this Agreement or the
PROJECT, or any breach af any obligatian or d�ty of CITY or �NG[NEER
hereunder, will be s�bpnitted to med9ation. If inediation is u�successfui, the
claim, dispute ar other matt�r in question shal[ be subrnitted to arbitration if
both parties acting reasorra�ly agree that the ama�nt of the dispute is ti�Ce�y
to be E�ss than $50,000, exclusive of attomey's fees, costs and expenses.
Arbitra#ian shall be in accordance wi�h th� Construction Industry Arbitration
Rules of the American Arbitration Assaciation ar ather applicahle rul�s of
the Associatian thero ir� �ffeci. Any award rendered by the arbitratars less
than $50,OOD, exclusive of attorney's #ees, cosis and expenses, will be fnal,
judgm�nt may be entered thereon in any court having jurisdiction, and w�ll
-12-
not be sub3ec� to appeal or madification except to the extent permitted by
Sections � 0 and 11 of tne Federal Arbitration Act (9 U.S.C. Sections 1 Q and
11).
(2) Any award greater than $50,fl00, exdusive af attorney's fe�s, costs and
expenses, may be litigaied by either party on a de novo basis. The award
shall become final ninety (90) days fram th� date same is iss�ted. Ef litigation
is fil�d by either party within said �inety (9Q) day penod, the award shall
�ecome null and void and shall not be used by either party for any purpos�
in the litigation.
K. 5ederability ar�c! Survi�+�l
If any af the pravisions contained.in t1�is AGR�EM�NT are held for any reason to
b� in�alid, iilegal, or unenforceable in any respect, such invafidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall �e
canstrued as 'tf such inval9d, ilfegal, or unenforceable prvvision i�ad never been
contair�ed here�n. Articles V.F'., VI.B., VI.D., VI.H., V4.1., and VI.J. sha�l survive
terrnination of th�s AGREEMENT for any cause.
L. @i�s�rr�e anci �vm�l�
ENGINEER shall at all times obserrie ancf compiy with a!I federal and State laws
and regulations and wit� alf City ordinances and regulations which in any way affect
this AGR��M�NT and #he work hereunder, and shall obsetve and comply with alf
orders, [aws ardinances ar�d reguiations which may exisi or may be e�tacted later
by governing bodies having jurisdictian or au#hority for such enactment. No plea of
mis�nders#anding or ignorance thereof s�all be considered. ENGINF�R agrees to
def�rtd, indemnify and hold harmless CITY and all af its offic�rs, ag�nts and
employees from and against all claims or liability arising out of the violation af any
such arder, law, ordinance, or regulatiQn, whether it be by itself or its employees.
�-13-
��icle 1�[�
Ai�chments, Schedules, and �igr�a�ures
This AGRL�MENT, induding its attachments and schedul�s, constitutes the entire AGREEMEN�,
supersedes all �ri�r written or oral understandings, and may only be changed by a written
amendn-�ent executed by bath parties. The following attachments and scYtadules are hereby m�de
a part of this AGR�EMENT:
Attachment A- 5eope of Services
Attachment � � Compensatinn
ATTEST:
► —
��� � ,� /.�
G1 ria Pearsan ��
City Secretary
CITY OF FORT WORTH
�. ,.� gy, i
�9arc A. tt
Assistant City nag�r
C��r �� �� �
Contr��,t�uth,orL���ioa� .i.
�[�loa—
__ _ _ .__ ---- ��,�_____.__ _
��t�
APPROVED AS TO F'ORhA
AND LEGALITY
APPROVED
4
Dal . Fisseler, P,. .�
Directar, ' Water Aepartmenf
bA�FF ASSOCIATES, INC.
Assistant City Attamey
A:IEPA
�
By: ��� �' - - -
�� l. � �. Roberts� �.�.
�
� _�• Vice President
�1
-1,4-
�,
Q�l��i�"0���� �����
Gen�ra! ScOpe of S�rvices
"5cope of 5eruices set forth herein can only be modiired by additions, clarifrcations, and/or
deletions set forfh in the supplerr�ental Scop� af Services. !n cases af canflict beiween fhe
Supplemenfal5cope of Services and the General Scope of Services, the Supplemental Scope of
Services shall have preced�nce over the General Scop� af Services."
G �h! �R��
1) Prelim�n�ry Gonf�rence v+sith �i�r,+
The Engineer shall attend prefiminary conferences with authorized repr�sentatives of the
City regarding the scope o# projec� sr� that the plans a�d sp�cifications which are to be
developed hereunder by the Engineer will resu�t in praviding facilities which ae economical
in design and conform to the City's requirements and budgetary cons#raints.
2} Coordinaiion wri#h Ouf�ide AgencieslPubli� �nfiiiies
The Engineer shall coordinate with officials of other outside agencies as may be necessary
for the design af the proposed street, and storm drain andlor water and wastewater facil�
tiesrmprovements. It shall be the I�ngineer's duty hereun�er to secure nec�ssary
information from such outside agencies, to mee# their requirements.
3) Geo�e�h�"rcallnvestigafiions
The Engineer shall ad�ise the Ci#y of tes� barings, and other subsurFace investigations ti�at
may be needed. In ine event it is de#ermined necessary to make barings or excavate test
holes or pits, the Engineer shall in coardination with the City ar�d the Cit�'s geatechnical
engineering cansultant, draw up specific�tions for such testing program. T�e cos# of the
�orings or excavations shall be paid for by the City.
4} Agreemenf� and �errmi�
Tne Engineer shall complete ali formslapplications #o allow khe C#y of F�o�E Warth to obtain
any and all agreements andlor permits normalfy required for a project o# this size and type.
The Engineer will be r�sponsible for n�gotiating and coardnating to obtain appraval af the
agency issuing the agreement andlar permi#s and wil! make any r��isions r�ec�ssary to
bring the plans into campiiance with the requirements of said agency, including �ut not
[imited io highways, railroads, water authorities, Corps of Engineers and other utilities.
�) De�i�n Change� �elating fio Permit�ing Auihorities
!f permitting authorities require design c�anges, the Engineer shall revise the pians and
spe�ifcafiions as reguired at the �ngineers own cost and expe�se, unless such char�ges
are required due to changes in the design of the facilities made by the permiiting authority.
lf such changes are required, the �ngineer shafl natify the City and an amendment to the
contract si�all he made ii the Er�gineer incurs additional cost. If there are unavaidable
-i-
delays, a mutually agreeable and reasonable fime e�ension shall be negotiated.
6) Pl�n �ubmiital
Copies af th� ariginal plans shall be provided on reprodudble mylar or approved p�astic film
shteets, or as atherwise approved by the Departmer�t af Engineering anc� shall became t�e
property of the Ciky. City may use such draw�ngs in any manner it desires; pro�ided,
howe�er thai the Engineer shalf r�ot be liable for the use of such drawings for any project
other than the project described herein; an� iurther pravided, that fihe �ngineer shall nvt be
fiable for the cansequences of any changes that are made to the drawings or changes that
are made in the implem�ntation of the drawings without the written appraval of #he
Engineer.
PbAS� 1
7) Righ�-�fi �ay, ��semeng and �and Acquisition Pleeds
The Engineer shali determine the right�of way, easement needs for the construction o# the
project. Engineer shall determine awnership of such lar�d and fumisn the City with the
necessary right-of-way sketches, prepare necessary easement descriptions for acquiring
the rights-of-way anc#!or easements for the construction of this project. Sketches and
easemant descriptions are to be presented in farm suitable for direct use by the
Department of Engineering in obtaining rigF�ts��f-way, easements, �ermi#s and licensing
agreements. All materi�ls shall be furn'tshed on the apPrapria�e City forms in a minimum of
four (4} copies each.
8) Design,Survey
The Engineer sha�[ pravide necessary fiefd survey for use in the prepar�ation af Plans and
Specifications. The Engineef shall furnEsh the City certifed copies of the freld data.
9) lJfilify Goopdination
The Engineer shali caordinate wi#h ail u#ilities, ineluding utilities owned by the City, as #o
any propos�d utility liens or adjustment ta existing utiliiy lines within the p�ject limits. The
information obtained shali be shawn on the conceptual plans. The Engineer shali show on
the preliminary and final plans the location af the prapased utility lin�s, existing utility lines,
based on t�e information provided !�y the utility, and any adjustments andlor relocation of
the exis#ing lines withir� the project limits. The Engineer shall alsa evaluate the phasing afi
the water, wastewater, streek and drainaga work, and shall submit s�ch evaluation in
wri#ing to the City as part of this phase af the projact.
-2-
10) Conceptual Plans
The �ngineer shall furnish four (4) copies of the �hase 1 cancept engineering plans which
include layouts, preliminary right of way needs and preliminary estimat�s o# probable
construc#ion casts far the Engineer's recommended plan. For all submittals, the Engineer
shall submit plar�s and doc[aments for strestlstorm drain and water/wastewater facilities.
T�e Engineer sha![ recei�e written appraval of the Phase 1 Plans from tY�e City"s pro�ect
manager before praceeding with F�hase 2.
����� a
11) �esi�n �a�
The Enginear shall provide design da#a, reports, cros�sections, profiles, drainage
calculations, and preliminary estima�es of probable construction cost.
12) �pefimina�r �ons��uction Plans and iechn�cal �ieci�cations
The Engineer shall submit twenty (2�} capies of Phase 2 preliminary canstr�ction plans
and fi�e (5) Copies of th� preliminary technical specifcations for re�iern� by the City and for
submission ta utili#y companies and o#her agencies for the purposes of coardir�a#ing rrvork
with existing ar�d proposed utilities. i'he preliminary co�struction plans shall indicate
focation of existinglprapased utilities a�d storm drain lines. The Engineer shall recei�e
writ�en appraval af the Phase 2 plans from the City's project manager before proceeding
with Phase 3.
�H�S� 3
13) �inal Cons�ruction �lan�
The Engineer shall furnish five (5) cdpies nf th� fnal construc#ion plans and contract
specifications for re�iew by ths Gity.
94) �efi�iled Casi �sfiim�te
T#�e Engineer shall fumish �aur (�4} copies of detailed estimates o� probable constr�action
costs for the authori�ed const�uction project, which shall include summaries of bid items
and quantities.
15) Pl�n� �nd �peci�i��fion App�odal
The Engineer shall furnish an originai cover mylar for the signatures of authori�ed City
officials. The C�ntra�t Doc�nenfs shall comply with applicabie local, sta#e and fed�ral laws
and with appficable rules and regulations promulgated by lacal, state and national boards,
bur�aus and agencies, The Engineer shall recei�e written approval of the Phase 3 pians
from the City's pro�ect manager before proceeding with Phase 4.
-3-
�H�SI� 4
'�6} �inal �ppr�aved Gonsfruction Plan�
The Engineer sf�all furnis� 4� baur�d copies vf Phase 4 final approved eans#ruction plans
and contract specifications. The a�praved plans and cantract specifications shall be us�d
as authorized by the Gity far use in obtaining bids, awarding contracts, and canstructing the
project.
17) �idding 1�essistance
The Engineer shall issue add�nda as appropriate to interpret, clarify, ar �xpand the bid�ing
documents, and ass'ssi the owner in determining the qualificafions and acceptability of
prospective constructors, subcon#ractors, and supplier�, UVhen substit�tion p�iar to the
award of contracts is al4owed by the b�dding documents, the Engineer will advise the owner
as ta the acceptability of aiternate materials and equipment �roposed by the prospecti�e
cons#ructors.
1 S} Recommendati�n o� Av�va�d
The Engineer shail assist in the tabula#ion and review of all bids recei�ed for the
construction of the praject and shall make a recommendation of award to the City.
19) Prebid �anfe�en�e
The Engineer shafl attend the prebid conference and the bid opening, prepare bid
tabulatipn sheets and provide assistartce to the owner in e�aluating bids or propasals and
in assemb�ing and awarding contracts for construction, materials, equipment, and seNices.
�HAS� �
2Q} Precvns�ruction Canfiere�t�e
The Engineer shall attend the precanstructian conferer�ce.
21) Con�t�uc�ion �uw�y
The Engineer shal! be a�ailable ta the City on matt�rs coneeming the layout af the project
during its ca�struction and will set control poin#s in the field ta allaw City survey crews to
siake #he project. The setting of line and grade stakes and raut� inspection of canstructian
will be perfarmed by the City,
22) �i�� ��i�s
ihe Engineer shall visit the project site at ap�ropriate ir�tervals as eonstruction proceeds to
observe and report on the progress �d the qualify af the executed work.
-4-
23} Sh�p �rawir�g Rediew
Th� Engineer shall revieuv shop and erection drawings submitted by the contraetor for
campliance with design concepts. The Engineer shall review iaboratary, shap, an� mill test
rep�rts on materials and equipment.
24} In�tpucfions fio Con�����or
T�e Engineer shall provi�� necessary interpretations and clarificatians af contraet
documents, review change arders and mak� recommendations as ta the acceptability of
t�e work, at the request of the City.
25) �i�er�ing Sife �ondi�ion.�
The Engine�r shall prepare ske#ches reguired ta resolve problems due to a�tual field
conditians encountered.
26) i�ec�r�d ��awings
The Engine�r shall prepare record drawjngs from informatiort submitted by the contra�trr.
-5-
EXHIBIT "A 1"
Supplement #a Attachme�t "A"
Scope of Work
Engineerin.g Suppart and Contract Administration Services
far
1) Lon�-�Term Solids Dewaterin�, Procesain� and Disposal Cantract
2) E1�IS (Enviranmental Management System) Developme�t and Implementation
3) Long�term 1Vlaster Plan for' fhe Drying Bed Area
4) Prepara.tion o� Plans and Spec�ications for l�ew Long Term Solids Dewatering,
Processin�, and Disposal Contrac# {if' necessary}
I. CURRENTLONG-TERMSO�IDSDEWATERING, PROCESSING� ANDDISPO�AL CONTRACT
A. GeQeral Description:
Halff Associates, Inc. will provide contract admizustration services for Long-Term Solic�s
Dewat.�ring, Process�i�ng and Disposat far the periad fram �ctober 1, 2�02 to fhe end of the
current fxve-year contract, or September 30, 2007. The following scope of work confarms to
requirements set forth in the Contrac� Docutnents pr�pared by Alan Plummer and Associates,
Inc. as well as conversatzons with City Staff. The Engineer will pravide the Contract
Administration and Inspection �ervices necessary to monitor the sludge dewatering, proc�ssing
and disposal.
B. Coatract Admini�fration Services:
1. General �ernices
a. Consult wi.tla. Ci.ty on all questions of engin�ering r�laLing to the project.
b. Caordinate between the City, Design Engineer, and Contractor to achieve maximum
efficiency and continuity during the contract.
c. Provide a professionally qualified field organizatian satisfa�etory to the City ta
pro�ide contract ac�ministration services to comm�nsurate with the Owner's
standards.
d. Attend and participate in conferences as requested by City.
2. Day�to�Day Activities
a. Provide pa,rt-time resident iinspection (an average of 3 hours per week). Tt is
understood that the work hours may vary due to the Contractor's schedule and �he
Gity's requirements. The primary focus of the project will be to attend and
document progress meetings, verify monthly and final pay estimates and assi.st the
City in monito�ing sludge d�watering, processing and disposal. The Engineer will
A� 1
monitor lan.d application a�tivities and visit new sites on a man�hly basis and upon
the request of the Crty's Pxoject Manager. Said inspections shatl be docum�nted on
farms approved by the City.
b. Act a� a liai�son far, and make recommendations to, the City toward the goal of
resolving contract prablems and conflicts.
c. Farticipate in and document weekly progress meetings with the Cantractor and City
to review the upcoming contract activi�ies and assist in resolving poten#ial contract
problems and conflicts.
d. Ma�e final inspeCtian of the cornpleted work aud make recommendat�ons relative to
its acceptance.
�. if request�d by the City, recezve Cnntractor's Requests for Infor�ation and
Clarification (RFI) and Contract Modif�cation Requesis (CMR) o� the contract
drawings and respond to the RFI's and CMR's when pxacticai or forward the RFI's
and CMR's to the Design Engineer for a response. All responses will be forwarded
to the Contractor in a timely manner.
3. Change Orders
The xesident engi�neer will provide this service as part of the average 3 hau.rs per week
allocated to the pro�ect.
a Frepare change arders, suppiemental ag�reemenfs, and other items necessary to
properly ciocument routine changed conditions or rnadified contrac# activities.
b. Pxovzde nego�iation assistance on Contractor`s claims and make recommendations
for resolution af claims.
4. Reparting and Docurnentation
The Engineer will provide services described in Paragraphs a., b., c., d., and e. as part af
the average 3 howrs per week allocated �o the praject.
a. Prepare and distribute thase farms necessary for monitoring and ins�ecting �ontract
activities, test reports, change orders, extra work orders and supplemental
agreem�nts using standardi.zed iarms developed aud approved by the Ciiy to the
rnaxi.mum extent possible.
b. Report field canclitions that conflict with design drawings to the City and malce
recommendatians fox field modifications to resolve conflicts.
c. Report and record accidents which the Engineer obser�ves and/or information which
the Engineer is informed of cancerning accidents involving the operation andlar
A-2
accidents occurring on the job si#e or in the vicinity of the job site. Photograph site
conditians aroun:d each accident sit�e ta the e�ent reasonably possible.
d. Prepare inspection reports.
e. Main.tain files of correspondence, telephone conversations, and other written
documentaation concezning project design revisians and co:ntract activities.
f. Monitor and review Contractor's submittais upon written request of City's Pro��ct
Manager.
g. At the end af the contract, compile ail pertinent files anc� records and in a
comprehensiv� package and deliver to City.
5. Quantity Verification and Con�ractor's Requests for Payment
The resident engineer will devote appraxunately 2 hours evety tlaree months for the
services described in paragraphs a. and b.
a. Assist the City in establishing a procedwre far �erifica�ion of quantities of sludge
processed and disposed far t.�ie Project. The Engineer will assist th� City in
weighing and recarding truck #are weigh#s.
b. Review Contractor's payment requests and attached reports, test data and other
d.ocumenta,iion required by the Contract Documents and racommend monthly and
fi�nal Contractar Payments.
5. Contract Ciose-Out
The second term of the current contract is for five {5) years. The City of Fort Worth has
the aption to renew the con�ra.ct fa�r an additional five (S) yeaxs. If the City doe� not
exercise its option to renew the contract, Halff will provide assistance ta the City, as
requested, to complete contract closeou�. A total o� 40 hours is budgeted �or this wor�C.
Project clQseout requtrcrnents of C�ntractor include:
a. Contract Clase-qut Su��nittals
b. Final application far payme�t
c. Final cleaning
d. Reconditioning af Filter Presses
�. Rernoval of Temporary Struct�res
£ Clean Con#aminated Starmwater Lagoon
A-3
g. Transition Trauung
IL EMS �ENfrIRONMENTAL MANAGEMENT S`YSTEM� DEVELOPMENTAND IMPLEMENTATION
A. GeneraI Descri��fi.an:
The City of Fort Worth is one of twenty-s�ven charter cities parti.cipating in the National
Biosolids Partnership's (NBP) "demvnstration project" to establish an Environmental
Management System (EMS) covering vvastewater and biosalids managernent. The pxoject
goals are (1) to assist arganizations to estabUish EMS's based on the "blueprint" the NBP
dsvelops, (2} to eval�aa.te the coanponents of �he "blueprint", and (3) to gat�a.er information
about EMS implementation by the Charter Demonstratian Organizations.
The City must impl�m�nt an EMS in accordance with �lie NBP's Biosolids En�ironmental
Management System Guidance Manual and the Gap Ar�alysis r�port that PA Consultants
prepared November 2Q00. Curr�ntly the City is compiling their EMS manual aud preparing
to implement the pragx�am for the required six-month period before a third party aud'zt can
h� performed. Halff will assist the City on an as-needed basis to complete the EMS
manual, implement and revzew the pro;gram, and compile subm�ttals.
B. EMS Sexvices:
1. Rev,iew the euxrent EMS manual and provide recornmendations and schec�ules for
completion according the NBP guideiines and the Gity's EMS �imeline.
a. Deveiop or document e�us�ing procedure for updati�g critical control points.
b. Gross referez►ce criticai canirol points with National Manual of Good Practice for
BiosoIids, permits, regula�ions, environn�ental impacts, and contract documents.
c. De�elop cturent Zist of permits and regulations �vith locations, expiration dates,
and reference to records tl�at veriiy compliance.
d. Docu.ment Specific Measurabie Attainable Relevant Time bound goals and
objectives iar the biosolids program with reference to Water Department's Master
�'lan with location of the plan and referenc�: critical contral paints and
documentativn that illustrates actions towazd goals and objectives.
�. Pxovide xefexences to public participation documents.
f. Praduce organizational chart that is cross referenced with control points, goals,
ob3ectives, and contract documents.
g. Document trai.ning procedures referencing regulations, compliance
A-4
documentation, roles, res�onsibilities, and critical control points.
h. Refer�nce documenta.hon d�aling with internal an.d e�cternal communica�zans such
as complaint confacts and tracking, regional biasolids eclucation, mark�:ting and
outreach, and EMS pmgress.
i. Reference standard operating prrocedures with critical control points providing
document locations and effective dates.
j. Dacument ox reference e�sting document cantrvl procedur�s.
k. Develap list of ernergency res}�onse plans with current contacts and provide
reference to critical contral paints and assnciated documentation.
1. Reference moz�itaring and measurement pracedures, equipment, manufacturer's
data, a�d data records to critica� con�rol points, goals, and objectiv�s.
m. Document or reference exis�ing doeumentation dealing with nonconformance,
actions taken to carrect, preventa.tive actian procedures and respansible positions.
n. Develop management review documenta.tian.
2. Provide �echnical assistance with the development of a Pow�rPoin� presentatinn for the
City Council that will also act as a training, public �ducation, and conference tooI.
,
3. Provide suppart for internal audits. A complete internal audit musi be performed and
documcnted before an application ean be submitted for a third party audit (EMS year 0)
and two partiat �nternal audits musi be made two and four years following the initza,l
third patty audit (EMS years 2 and 4).
a. De�elop audit protacoi, procedures, and schedule.
b. Train audit team.
c. Coordinate audit and provide intexnal audit report describing findings,
nancnn%rmance, and coz�ective ac�ons.
4. Provide technical support f�or the initial third party audit and the two partial third patty
audi#s to be eonducted one and three years after the i.�autial. thixd party audit (EMS years
1 and 3).
a. Pravide technical support to complete EMS verification application form for third
partY audit.
b. Coordinatc and document any noncompliance found by the third party audit.
A-5
�. Provide support for annual progress reports to NPB.
a. Xdent�fy report fo�tnat.
b. Provide technical support to combine c�,uxent reports into a comprehex�sive report.
c. Provide support fox progrca.m cost studies.
III. LONG-T'�RMMASTER PLAN FOR THE DRYl'NG BED AREA
A. General Descripfion:
All VCVVWTP biosolids aze dewatered at the privatized facility located in the Sludge 4nily
Landfill. The dryin� beds currently seree as an emergeney backup for biasolids disposal in
the event of u�nforeseen prabl.ems with the lang-tem con�rac�. The futUre of the facility is
undecided. Future permanent and interim uses may include:
1. Future plant expansion or au��ia�y uses.
2. Development of bird watching areas in conjunction with private groups.
3. Wetlandslvalley storage mitigation for fixture City projec�s.
4. Parkland/open space.
B. Evaluate Prapasals:
Halff will assist the Village Creek Wastewater Treatment Plant staff an an as-needed
basis to evaluate plans and proposals for utilization of the drying beds.
IY. PREPARATI'ON DF PLANS AND SPECIFICATIONS FOR NEW LONG ��'ERM SO�IDS DEWATERING,
PROCES�lNG, AND DISPOSAL CONTRACT (IFNEEDED�
A. Gener-al Description:
If the Ciiy elects not to renew the cu,rarent fiv�-yeat ext�nsian of �he Iong ierm contract,
Halff Associates will pr�pare plans and contract dvcuments for a new long-term contract.
Th� currEnt long-term contract expires March 31, 2005. It is asswned that a new long-teim
contract will use the current facility located im the Sludge Qniy Landfill t4 process biosolids
to Class "A" requiremen�s for land application.
B. P�repare Contr�ct Documents for New Long�Term Cantract
Note: Upon completion af the current cantr°aet, the City will own the dewatering facility.
The curt�ent contract will he required to clean the facility, recondition belt p�esses
A '
ana'provfde adequate oper�ational and maintenance training to the pe�sorcnel
designated by the Owner.
1. Establish Cont�ct Parametexs: Halff will consuit with the City to determi�ne parameters
of the cont�act including:
a. Leng�x of contract (ini�ial term and extensions)
b. Q�antities of biosolids - Estimate quantities of sludge for #he contract term taking
into account the passibility of future camposting
c. Determine method and frequency of price adjustment
2. Prepare Bid Documents - Bid documents wi11 include at a rninimum the fallowing
sec�ior�s
a. Part A d Notice to Bidders, Instructions to Bidders and prequalification infomlation
b. Part B- Proposal. The proposal section shall provide for pay.ment of receiving solids
and operating all necessary equipment for dewatering of solids received and
furnishing and applying ch�micals or other appraved rnaterial and/or processes to
acceptable Class "A" pathogen, and vectar attraction reductinn levels and far
transporting and beneficially using on land for 3b5 days per yeaz for the contract
term. Th� proposal shall also provida pay items for mobilization and
demobiliza�ion after completzon a� the con�ract. �ther sections accompanying the
Proposal shail include Vendvr Compliance with State Law and City Ordinance and
Policy, Minimurn Wager Rates and Disad�antaged Business Enterprise.
c. Part C- General Canciit�ons. The General Conditions for Water Departrnent
Prajects sha11 be used.
d. Part D- Special Cc�nditions. � Special Conditions applicable to the praject shall be
prepared.
e. Part E- Technical Specifications. Technical Specifications will be prepared to
govein the wark where the Water Department standard specifications da not cover
�he special �tems o�work. The Technical, Speeificatioris will include:
1) Summary of Work
2) Measurement and Payment
3) Coordination
4) Subrnittals
5} Pragress Schedules
6} Mobilization
7) Contract Close-out
S} Equip�nent Maintenance
A-7
9) Belt Prress Dewatering Equi.pment Maintenance
I O) Solids Dewatering Operations
11) Solids Processing and Disposal Operations
� Part F - Bonds
. g. Part G � Contract
h. Part H- Plans. A Si�e Plan based on "a��built" survey information showing the
existing facility relative to th� Sludge Dnly Latzdfill shall be prepared.
i. Appendic�s � Append'zces w�. be attached to cantain NPDES and TNRCC permits,
data on existing equipment, and characteristics of feed sludge.
3. Assist City in advertising �he project, receiving bids an.d award oaE contract.. The
Engineer will pxint all bid documents (up to 40 sets).
a. Attend pre-bid meeting. Frepare minutes af the meeting.
�. Prepare bid addenda as neccs�aay.
c. Tabulaie and analyz� bicls and make recommendations for award of contract.
Attend City Council me�tings if needed.
d. Prepare Contract Dvcuments
e. Attend pre-construction conference. Prepaze minutes of �1ie meeting.
r�:�
ATTACH11i�E1�T "B"
BAS�S OF COlVIPEl�TSATI01� A1�TD SCHEDULE
En�ineering Sup�art and Contract Administration Services
far
1) Lon�-Term Solids Dewatering, Processiiriag and D�sposal Contract
�) E1VIS (Envirunmentat Management System) Development and Implementation
3) Lon��ter�n Master Plan �or #he Drying Bed Area
4) Preparatian of Plans and Speciiications for New Long Term Solids Dewate�irn,g,
Processing, and Dis�osal Contract {if necessary)
I Compensation
A. The basis of compensation for the Engin��r shall be the salary cost of each
Engineer's employ��, dir�ctly engaged an the project, ti�mes a multiplier of 2.3 for
fringe benefits, overhead and praf t. The multiplier includes all costs of
accounting and othe:r staff nat directly involved in projec# production. The
gu�anteed maxzmum fee �or se�rvices listed in E�ibi� "A-1" without
modification is $��1,3] 4.
B. All direct nan-labor expenses, which, in genexal, include expenses for s�xpplies,
transpartation, equipment, travel, commutuca,tion, sttbsistence and Iodging away
from home, and simzlaar incidentals are chaxged as reunbursables.
TI. Schedule
Exhibit "A�1 (Scape of Wor%) shall be completed as described in Attachrnent "D".
EXffiBIT "B�l"
(Suppiement to Attachment "B")
Engineerin� SupporE and Cont�ract Admaiva�istration Services
for
1) Long Term Solids Dewaterin�, Prflcessing and D�sposal Conh act
�) EIVI5 {Environmental Manx�ement System} Development and Implemen#ativn
3) Long-term R�Iaster Plan for the Dryi�g Bed Area
�} Preparation of Plans and Speci�icat�ons far li�ew Long Term Solids Dewatering,
Proeessing, and Disposal Contract (if necessary)
Y Methad of Payment
A. The ENGINEER shall be paid monthly an the basis of invoices prepared from the
books and records of account of the ENGINEER.
B. Each invaic� is to be verified as to its accuracy and compliance with the terms oi
this cantract by an aificer of the ENG�NEER,
II. Pragress Reports
The ENGINEER sha11 submit to the designated representati�e of the Director of the
Wat�r Departrnent monihly progress repo�ts covering all p�ases of design by the 15�' af
every month in the format required by the Cifiy.
ATTACHNIEI�IT "B-3"
(Supplement to Attachm�nt "B"}
SUIViMARY OF TOTAL PROJECT FEES
for
1) Long�Term Solids Dewatering, Proces�ing and Disposal Contract
2) EMS (Envirnnmental Managemen� System) Development aad Implementation
3} Longaterm l�iaster Plan for the Drying Bed Area
4) Preparation of Pxans and Specif cations for li�ew Long Term Sa�ids Dewa�ering,
Pracessin�, and Disposal Contract (if necessary)
I.
The Guaranteed 1Via7c�imum Fees f�r services �isted in E�hibit "A-1" without
madification of the contract are as fallows:
1. Long-Term Solids Dewatering, Processing and Dispasal Contract
Long�Term Salids Contract Year 8(Oct. 1, 2002 to Sept. �0, 2Q03) $13,860
Long-Term Solic�s Contract Year 9(Oct. 1, Zaa� � s�Pt. 30, 2004} $14,550
Long-Term Solids Contract Year 10 (Oct. 1, 2404 to Sept. 30, 2Q05} $2�4,860
Long-Term Solids Contract Year 11 (Oct 1, 20p5 to Sept. 30, 2006} $1$,040
Long-Term �olxds Contract Year 12 (Oct 1, 2006 ta Sept. 30, 2007} $16,850
Subtotal
$86,16U
2. EMS (E:nviroXunental Management 5ystem) Development and Irnplernenta.tion
Ha1ff Contract Year 1(Oct. 1, 2Q02 tn Sept. 30, 2003)
Ha1ff Contract Year 2(Oct. 1, 20fl3 ta Sept. 30, 24Q4)
Halff Contract Year 3(Ocfi. 1, 2QQ�L to Sept. 30, �005)
Halff Contract Year 4(Oct. 1, 2005 to Sep� 30, 2Q06)
Ha1ff Cantract Year 5(Oct. 1, 2QQ6 to Sept. 30, 200�)
Subtota.l
3. Long-Tezm Master Plan �ar th�e Drying Bed Area
Halff Contrac� Year 1{Oct, 1, 2002 to Sept. 3Q, 2003}
Halff Con�ract Year 2(Oct. 1, 2003 to Sept. 30, 2004)
Halff Contract Year 3(Oct. 1, 2004 to Sept. 30, 2D05)
HalffContraet Year 4(Qct. 1, 2005 to S�pt. 3Q, 2006)
Ha1ff Contract Year 5(Oci. 1, 20Od to Sep�. 30, 2407)
�ubtotal
$32,620
$ 9,14�
$ 8,430
$ 7,500
$ 9,280
$ 66,970
$ 1,920
$ 2,Oi0
$ 2,1 �Q
$ �,z�o
$ 2,330
$10,�90
:
4. Preparatian af Plaris and Specifications for New Long Term Solids Dewatering,
Processing, and Disposal Contract (if necessary)
XI.
Long-Term Solids Cantract Year S(Oct.1, 2002 to Sept. 30, 2fl03} $ 0
Lang-Te�n, Sfllids Contract Yeaz 9(�ct. l, 20p3 ta Sept. 30, 2044} $46,490
Long�Term Solids Contract Year 10 (Oct. 1, 2004 to Sep� 30, 2005} $11,1Q0
Long-Term Solids Contract Year 11 (Oct. �, 20Q5 �to Sept. 30, 2006) $ 0
Lang�Term Solids Contract Ye�ar 12 {Oct. 1, 2046 to Sept. 30, 2pa7) $ 0
Subtotal
TOTAL
$ �7,�90
$221,310
TI�e above fees include computer charges, prin#ing, faxes, aufo mileage to and from the land
applicatian sites and telepb.c�ne to�l charges, but exciuding other reimbursable expenses.
Estimat�s of reimbursable expenses are subject to change based on actual expe�ditures on
the project.
The 1l�I/WBE participafion is listed �eiow:
,
h�lWBE Firm Service
Lopez/Garcia Assistance with P�eparation $21,600
af Plans and Specificat�ons
for New Long-Tertn C�ntract
Amarxnt % of Tatal
Hugo C. Txevino Printing of Plans and Specifications $5,000
For New Long-Term Contract and
EMS Manual
Tata1l�+IlWBE Participation
9.76%
2.2b%
12.p2%
�: a
P2337
ITEM DESCRIPTION
9 Task
Long-Term Soiids �ewaterirtg,
1'racessing and 6isposal Contract
a. FY (Ocro2-Sep03)
b. FY (oct03•SeryD4)
c. �Y (Oct045ep05)
d. FY (Oct05-Sepa6)
e. FY (QctoS-3epo7)
_ � I
� . , �
��plemantati«, �
:qir;plBie hAanu83
.. ,� F -'-n°-� • 4asistenc8 �
' �r Inlerrtal Aud�f= i
_ ,.. .._ _: Third Party I
. . _. i.,r Annual RsAc" • �
, �
�
� .sk
rngTa�n Mae.. x�fah far th�� ,
,�ns a�d n�
h ewnttaot 7arame�-
Bid Dacun�an�
i aNtldmg
� Awerd rt Contrt^:
ATTACHMFM "D�•
Enginexring Support and Cont�'aet Admirustration Services
�OC
1 j Long Term 5o[ids �ewatering, processing arx! �isposal CantracE
2) EMS (Emrironmental ManayemenE System) be�elopment and Implementation
3) Lang Term Plan for the �ryirtg Beda Ares
4] Preparetion of Plans and Spee[fications iar New Long-Tetm solids oewatering, Processing, and �ispossl Contract (if necessary)
2002 2003 2004 2005 2006 I 2007
J F M AiM .7 J A S D N D J F M A M J J A S O N 6 J F M A M J .1 A 5 O N � J F M A M J J A S O N D J F A/ A M J J A S O NEd`.i F M A M J J A 5 O N aJ
I
�
�
�
�
—I I
� �
�
_�I �. , _ . _...
;lll -
� � �
I
�
�
,�
�
i
� �
C`ity of ' �'o�i i�o��h, �'e�cars
l�f�y�r ��d �ou���l Cor�r�unic�tion
DAiE REFEREfVC� NUMSER l�.OG NAME
12/17/02 **�o� ��9� {
6�SUPP�RT
PAGE
1 of 2
susJ�c7 ENG�NEERING AGREEMENT WITH HALF'F AN� ASSOCIATES, ING. FOR THE
GENERAL SUPP�RT AND CONTRAGT ADMINISTRATION SERVICES FOR THE
ViLLAGE CREEK WASTEWATER TREATMENT PLANT BIOSOLIDS PROCESSING
AND DISPOSAL PROJECTS
RECOMMENDATI4N:
li is recommended that the City Council authorize the City Manager to execute an engineering
agreement with Halff and Associates, Inc. for t�e General Support and Contr�act Administration Services
for the 1�ilfage Creek Wastewater Treatment Plant (VCWWTP} Biosolids Processing and Disposal
Praj�cts for a total fee not to exceed $221,310.00.
D15CUSSION:
On August 6, 1991 (M&C C--13QD0), fhe City Cauncil authorized the execution of an engineering
agreement with Halff and Associates, ]nc. for the initial contract administration and engineering support
services associated with �ariaus VCWWTP biosalids processing and remo�al contracts.
On September 8, 1998 (M&C C-16982}, the City Council authoriz�d Halff and Associates, Inc. to
continue to provide specialized (biosalids) engineering expertise in construction management services
far various VCWWTP biasolids p�ocessing and remo�al contracts.
Th� pro�ased enginee�ing agreement will perform administrafion and inspection services, including
Emergency lVlanagement System (EMS) developmant and implementatian, and cantinued construction
management ser�ic�s far #he next fi�e years of the Lang-Term Salids Dewatering project and ofiher
biosolids prajects.
The following services will be provided in the agreement:
� Cantract Administration Support 5ervices for #he current VCWVIITP Long-Term 5olids
Dewatering, Processing and ❑ispasal Contract to include �art-tim� specialljr inspection for
sludge dewatering operations, contract administration, contraci negotiatian and renewal
assisiance and contract closeout; and
• Environmental Managem�nt Sys�em (EMS) devefopment and implementation for the Fort Worth ,
Biosolids Program as part of the United States EPA Natior�al Biosolids Partnership (NBP)
P�ogram; and ',
� De�elop a lang-ierm master plan #or the utilizatifln of th� existing drying bed area for fut�re plant
aperations ar other possible uses; and ,
� Preparation of plans and specificafions for future new Long-Term Solids Dewaiering, Processing,
and Disposal Contracts when the current �-year cont�act ends (if needed).
Halff and Assaciates, Inc. is in compliance wit� the City's MIVIIBE Ordinance by committing to 12%
MIVIIBE participation. The City's goal on ihis project is 12°/a.
�`ity o�'I�'ort �o�th, T'exas
I�i�yor �r�d Council Corr�m�anica����
DATE REF�R�NC� NLJMBER LOG NAME PAC��
12/17/02 *�`�a1939� 60SUPPORT 2 of 2
SUBJEC7 ENGINEERING AGREEMEVT W1TH HALFF AND ASSOC[ATES, INC. F4R THE
GENERAL SUPPORT AND CONTRACT ADMIN[STRAT[ON SERVECES FOR THE
VI�LAGE CREE� WASTEWATER TREATMENT PLANT BIOSOLIDS PROCESSING
AND DfSPOSAL PROJECTS
F'ISCAL INF�RMATI�NICERTIFICATfDN:
The Finance �irector certifies that funds are available in the current capital budget, as appropriated, of
the Sewer Capita! Projeet Fund.
MO;k
Su6mitted for City Manager's
Qffice by:
Marc Oit
Originating Department Head:
Dale Fisseler
Additional Infarmation CQntact:
Dale Fisseler
I�'U1VD I ACCOUIVT I CENTER I AMOUNT
� (to)
�
847G I
�
82Q7 I (fram)
I PS58
�
8207 I
-- �
53i200 07058030p100 $221,31a.D0
CITY SECR�TARY
APPROVED 121i7/Q2