HomeMy WebLinkAboutContract 27924, li,_ , �l`,1 � �
Aifachment A
CITY SECRETARY r�
CONTRACT NO. � ( � ���
CIiY OF FO�Y WO�iH, i�XAS
S�AN���� �,GR��{911�i�T FO� ENC�IN��RIfVf� S��VIC��
This AGREEIIlIENT is between the Gity of Fort Worth (the "CITY"},
Andr�ws & Newnam, Inc. (the "ENGWEER"), for a PRO,iECT generally
"Revised Water Canservation and System Optimization Program."
Article I
Scope �i 5enrices
A. The �cope Af Ser►rices is se� fiorih in �itachmen� A.
�rticle p
�omp�nsa�ian
and Lockwovd,
described as:
�►. �he �fV�IN���'s compensaiion is set forth in A��achmen� �.
Art9cle III
ierms raf Paymeni
Payments to the ENGINEER will be made as follows:
�.
(1}
(2}
(3}
In�oice and �aymenf
The Engineer shal� provide the City su#ficient documentation to reasonably
substaniiate the in�oices.
The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. fnvoices are due and payable within 30 days of rec�ipt.
LJpon comp[etion of services enum�rat�d in Articfe I, the final payment ofi any
balance will b� due within 3� days of receipf of fhe final invoice.
�4) ln tl�e e�ent nf a disputed or con#ested b�lling, only that partion so contested
will be withheld from payment, and the un�isputed �ortian wifl be paid. The
CfTY will exercise reasanableness in contesting any bil[ o� portion thereof.
No interest wil! aecrue on any contested partian of tl�e billing until mut�aal[y
resolved. � �. � �
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(5) If the CITY fails to make payment in full to ENGiNEER for billings cont�sted
in good faith withirt fi0 days af the amount due, the ENGINEER may, after
gi�ing 7 days' wri�ten notice to CITY, suspend services �nder this
A�REEMENT until paid in full, including interest. In the e�ent of
suspension of services, the ENCINEER shall ha�e no liabiiity to CITY #or
delays ar ciamages caused the CITY beca�se of such suspens�on of
services.
ArtEcle Id
Obliga�iahs of th� Engineer
Amendments to Article IV, if any, are irtcluded in Attachment D.
A. �eneral
The ENGINEER will senre as the CITY's pro�essional engineering representative
under this Agreement, pro�iding professional engineering consultatior� and advice
ar�ci furnishing custamary services incidental there#o.
�, Standard of Care
The standard of care applicable to #he ENGiNEER's services will be the degree of
sk�ll and diligence normally empioyed in the State ofi Texas by professional
engineers or consultar�ts pe�Forming the same or similar services at tF�e time such
services are performed.
C, SubsurFace Indestigations
(1} The ENGINEER si�all advise the CITY with regard to the necessity for
subcontract work such as special surveys, tesis, test borir�gs, or other
subsu�face investigations in connection wEth design and engineering work to
be perFormed nereunder. The ENGINEER shall also advise the CITY
concerning the results of sarne. Such sunreys, tests, and in�es#igations
shall be furnished by the C1TY, uniess otherwise specified ir� Attachment A.
(2} ln soils, foundatian, groundwater, and ot�er subsurface investigations, the
actual characteristics may vary significantly between successi�e tes# points
and sampl� intervals and at locatians other than where obser�ations,
exploration, and 'mvestigations have heen made. Because of the inF�erent
uncertainties in subsurface e�aluations, changed or unanticipated
underground car�ditions may occur that could affect #he total PROJECT cast
and/or executian. These canditions ar�d cosUexecution effects are nat the
responsibility of the ENGINEER.
�. �reparaiion of Engineering Drawings
The ENGINEER will provide to the CITY the origina! drawings vf all plar�s in ink an
reproducible plastic film shee#s, or as otherv►rise approved by CITY, which shall
become the property of the C3TY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER s�all not be liable for the use of
such d�-awings for any proj�et othe� than the PROJECT described herein.
�. �ngineer's �ersonnel at Cvns�ru�tion Site
(1j The presence or duties of the ENGINEER's personnel at a construction
site, whether as on-site represer�tatives or otherwise, do �ot make the
ENGINEER or its persannel in any way res�onsible far those duties that
belong to the C1TY andlor the CITY's construction contrac#ors or other
entities, and do not relieve t�e cons#ruction co�tractors or any other entity of
their obHga#ions, duties, and responsibilit�es, ineluding, but not limited to; al�
construction methods, means, techniques, sequences, and procedures
necessary far coordinating and completing all portions of the construction
worEt in accordar�ce with the Contract Documents and any health or safety
precautions requ9red by such construction wor�. The ENGENEER and its
�ersonnel have no authority to exercise any c�ntrol aver any constr�ction
contractor or ather entity or their employees in connection with their work or
any health or safety pr�cautions.
(2) Except to the e�ent o# specific site visits expressly detailed and set fiorth in
Attachment A, the ENGINEER or its personnei s�all ha�e no obligation or
responsibility to visit the construction si#e to become familiar wi#h the
progress or quality of the comp�eied work on the PRO,�ECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, wiil be in accordance with
the Cor�tract Documents, nor sha11 ar�ything in the Contract Documents or
the agreement betv�een CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive ar continuous on-site inspec#ions to
discouer latent defects in the work or otherwise eheck the quafity or qua�tity
of the warl� on the PROJECT. If, for any reason, the ENGINEER shou�cf
make an on-si#e observation(s), on ti�e basis Qf such an-site observations, if
any, the ENGINEER shall �ndeavor to ke�p the CITY informed of any
de�riation from the Cor�tract Documents coming to the actual notice of
ENG[NEER regarding the PR�JECT.
(3) When professional cerkification af performance or charac#eristics af
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER si�ali be entitled
to rely upon s�ch certification to establish materials, systems or eq�ipment
and performance criteria to be required in the Contract Documents.
F. Opinions of �robabl� Cost, Finaneial Conside�rafi�ns, and Schedules
��)
(2)
The ENGINEER shal! pro�ide opinions of probable costs based on the
current a�ailable informaiion at the time of preparation, in accordance with
Attachment A.
In providing opinions af cost, financial a�alys�s, economic feasibility
projections, and schedufes for the PROJECT, the ENGWEER has no
control over cosi ar price of labar and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; campetitive bidding procedures and market conditions;
time or quaiity ofi performance by third parties; quality, type, managemen#,
or d�rection of operating personnel; and other economic and operational
factors that may materially a#fect th� ultimate PROJECT cast or schedule.
Therefore, t�e ENGINEER makes no warranty that the CITY's actual
PROJECT cost�, financial aspects, econamic f�asibility, or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
�. Constructi�n Progress Paym�nis
Recommendations by the ENGINEER to the CITY for periodic constructian
progress �aym�nts to the cons#ruction contractor wil� be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
obseruation that the work has progressed to the point indicated. Sueh
recommendations do not represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain that the construction cor�trac#or �as
campieted th� work in exact accorciance with the Contract Documents; that the
final work will be acceptable i� all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose t�� construction ca�tractor has
used the moneys paid; that title to any of the worlc, materials, or equipment has
passed to #he C1TY free and c�ear of liens, claims, security interests, or
ertcumbrances; or that there are not o#her matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H, �eeord Drarn�ings
Record drawings, if required, will be prepared, i� part, on the basis of informatian
campiled and furnished by others, and may not always represent the exact
Iocation, #ype of various components, or exac# manner in which the PR�J�CT was
finally construeted. The ENGINEER is not responsible for any errors or omissions
in #he information from others that is incorporated inta the record drawings.
I. Minority and ld4loman �usiness �nierprise {A�Ml��) �articipation
In aecord with Ciiy of Fort Worth �rdinance No. 11923, the City has goais for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this
cantract ar�d its commi�ment to mee# that goal. Any misrepresentation of facts
(other #han a r�egligent misrepresentation) and/or the commission of fraud by tF�e
Ertgir�eer may result in the termination of this agreement and debarment from
parti-cipating in City coniracts for a period of time o# not less than three (3) years.
J. �ight �v Audi�
{i) ENGINEER agrees tha# the CITY shall, until the expiration of three (3� years
after final payment under tf�is contract, have access ta and the right ta
examine and phatoco�y any directfy pertinent books, documents, papers
and records of the ENGINEER in�olving transactions re�ating to this
contract, ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER fiacilities and shall be
provided adequate and appropriate workspace in arder to conduct audiis in
eompliance with the provisions of t�is section. The CITY shaEl give
ENGfNEER reasonable advance natice of intendeci a�dits.
(2) ENGINEER further agrees to include in alf its subconsultant agreements
hereunder a pro�ision to the effEct that the subconsultant agrees that the
CITY shali, until the expiration a# three (3) years after final payment under
the subcontract, have access to and the right to examine and phatocopy
any directly pertinen# books, documents, papers and records of such
subconsultant, in�ol�ing transac#ions to the subcontract, and furthe�, that
the CtTY shall �a�e access during normal working hours to all
subconsultant facilities, and shal! be pro�ided adequate and apprapriate
work space, in order to cor�duct audits in compliance with the pro�isions of
this article together with subsection (3)hereof. CITY shall give subcon-
sultant reasonable ad�ance notice of intended audits,
(3) ENGINEER and s�bconsultant agre� to photocopy such documents as may
be requested by the C1TY. The CITY agrees to reimburse ENGINEER for
t1�e cost af copies at the rate pubtis�ed in the Texas Administrative Code in
effect as of the time capying is performed.
�. EI�C�II���R's insurance
(1) Ir�surance coverage and limits:
ENGINEER shall pro�ide to the City certificate(s) of insurance documer�tmg
policies of the following co�erage at minimum limits, which are to b� in effect prior
to comm�ncement af work on the PROJECT:
Commercial General Liability
$1,000,000 each occ�rr�nce
$1,000,000 aggregate
Automobile Liability
$1,Udp,QQO each accident (ar reasonabEy equiva2ent limits of ca�erage
if written on a split limits basis). Co�erage shali be an any �ehicle used
in the course of the PROJECT.
Worker's Campensation
Coverage A: statutory limits
Co�erage B. $10a,000 each �ccident
$5�p,000 disease - policy limit
$100,000 disease - each employee
Prafessional Liability
$1,000,000 each claimlannual aggregate
(2) Certificates of Ensurance e�idencing that the ENGINEER has obtained all
requir�d insurance shall be deliver�d to the CITI( p�iar to ENGINEER
proceeding with the PROJECT.
{a} Appiicable policies shail be endorsed to name the C�TY an
Additional Insured thereon, as its interests may► app�ar. The term
CiTY shail incl�tde its employees, officers, officials, agents, and
�olunteers as respects the contracted services.
(b) Certificate(s) of insurance shafl document that insurance co�erage
specjfied according to items section K.{1) artd K.(2) of this
agreement are pro�ided under applicable policEes documented
thereo�.
(cj Any fai�ure on part of tf�e CITY to req�est required insurar�ce
documeniation shall not constitute a wai�er af th� insurance
requirements.
(d} A minimum o� thirty {30) days r�ot�ce of cancelfation or material
change in coverage shall be pro�ided to the CITY. A ten (10) days
notice shall be acceptable in the event of non-payment of premium.
5uch ierms shall be endorsed onto ENGfNEER's insurance policies.
Notice shall be sent to the respective Department Director (by
name}, City of Fort Workh, 1000 Throckmorton, Fort WortY�, Texas
76102.
(e) Insurers for all polic�es must be authorized to do business in the
state of Texas or be otherwise appra�ed by the CITY; and, such
insurers shal! be acceptable to the CITY in terms of their financial
strength and salvency.
(f) Deduc�ible limits, or self insur�d retentians, affecting insurance
required hereir� shall be acceptable to the CITY in its sole discre�ion;
and, i� lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk reter�#ian groups must be
also appro�ed. Dedicated financial resources or letters of credit may
aiso be aeceptable to the City.
�g) Applicable policies shall eacl� be endorsed wit� a wai�er of
s�brogation in #a�or of the CITY as respects the PR�JECT.
(h� The City shaH be entitled, upon its request and without incurring
expense, to re�iew the ENGINEER's ins�rance policies including
endorsements thereto and, at the C{TY's discretion, the ENGINEER
may be required to provide proof ofi insurance premium paymen#s.
(i) The Commercial General Liability insurance policy shall hav� no
exclusions by endorsements uniess the CITY ap�ro�es sueh
exc�usions.
(j) The Professional Liability insurance policy, ifi written on a claims
made basis shall be maintained by the ENGINEER for a minimum
two (2} yea�- period subsequent to the term of the respective
PROJECT contract with the CITY un�ess s�c� coverage is pro�fic�ed
the ENGINEER on an occurrence basis.
(!c) The CITY shall noi be responsible for the direct payment of any
insurance premiums required by this agreement. li is understood
that insurance cost is an alfowable component o# ENG�NEER's
ov�rhead.
(I) All insurance rec�uired in sectiort K., except for the Professional
Liability insurance policy, shall be written on an occurrer�ce basis in
order to be appro�ed by t�e CITY.
(m} 5ubconsultants to the ENGINEER shall be requir�d by the
ENGINEER to maintain the same or reasonably equi�alen#
insurance co�erage as required for the ENGINEER. Whe�
subconsuitants maintain insurance co�erage, ENGINEER shall
provide CITY vvith documentation thet'�of on a certificate of
insurance, Natwithstanding anything to the con�rary contained
herein, in the e�ent a subconsul#ant's insurance coverage is
canceled or terminated, such cancellation or termination shall na#
eonstitu#e a breach by ENGINEER of the Agreement.
�. Independenf Consulfant
The ENGINEER agrees to p�rform all services as an independent consu�tant and
not as a subcontractor, agent, or employee of the CITY.
NY. Discl�sure
The ENGINEER acknowledges to the C[T1( that it has made #ull disclosure in
writing of any existing conflicts of interesi or potential conflicts of interest, including
personal financial interest, direct or ind�rect, in propetty abutting #h� propased
PROJECT an� business relationships with abutting property cities. The
ENGINEER further acknowledg�s that it wilC make disclosure in writing of any
conflicts of interest that develop subsequent to the signing of this cantract and prior
ta #inal payment under the contract.
N!. Asbest�s or bagardous Substances
(1 } !f asbestos or hazardous substances in any fo�m are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT ta p�rmif testing and evaluation,
(2) If asbestos vr other hazardous sUbstances are suspec#ed, the ENGINEER
will, if requested, assist the C1TY in obtaining the seruices of a qualified
subeontrae�or to manage the remediation acti�ities of the PRQJECT.
0. Permitiing �uthorities - Design Changes
If permitting authorities require design cF�anges so as to com�ly with published
design criteria andlor current engineering practice standards which the ENGINEER
should have been aware of a# th� 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 ir� the
permitting authorities' published design criteria andlor practice standards criteria
which are published after the date of this Agreement which #he ENGINEER could
r�ot have been reasonably aware of, the ENGINEER shali notify the CITY of st�ch
changes and an adjustment in compensatior� will be made through an amendment
to this AGREEMENT.
�erticle V
Obligaii�ns of �h� City
Amendments to Article V, if any, are included in Attachment D.
A. Ci�o�urnished �ata
TF�e CITY will make available #o the ENGINEER all technical data in the CITY's
possessior� relating io the ENGINEER's services on the PR�JECT. The
ENGINEER may rely upon the accuracy, timeliness, and complete�ess of the
information pro�ided by the C[TY.
�. �°►cc�ss �� Facilities and Prop�riy
The CITY will mak� its facilities accessible to t�e ENGINEER as req�ired for the
ENGWEER's pe�fiormance ofi its services and will �rovide labor and safety
equipment as required by the ENGINEER for sueh access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CiTY's facilities as may be required in cannection with the
ENGINEER's serv�ces. The CITY will be responsible for all acts of the C1TY's
personnel.
C. Advertisements, �ermifs, and Access
Unless otherwise agreed to in tY�e 5cope of Services, #he CITY will obtain, arrange,
and pay for all adverkisements #or bids; permits and licenses r�quired by local,
state, or federal authoritEes; and land, easements, rights-of-way, and aceess
necessary for the ENGINEER's serrrices or PROJECT canstruction.
D. �imely Fdeviee+�
The CITY wilE �examtne the ENGINEER's studies, repnrts, sketc�es, draw�ngs,
specifications, proposals, and other documents; ob#ain advice of an attomey,
insurance counselor, accvuntant, auditor, bond and financial adr�isors, and ather
consultants as the CITI( deems ap{�rnpriate; and render in writEng decisions
required by #he CITY in a timely manner in accordance with the project sch�dule in
Attachment A.
�. �romp� No�ice
The CITY will give promp# written notice to the ENGINEER whenever CfTY
observes or becomes aware of any de�elopment that affects the scop� ar timing of
the ENGINEER's services ar a� ar�y defect in the work of the ENGINEER or
construction contractors.
�. �sb�stos or Ha�ardous Substan�es and Indemn�f�ca�ion
(1) Tv the maximum extent permitted by law, the CITY will indemnify and
release ENGINEER and its officers, employees, and subcontractors from all
claims, damages, losses, and costs, including, bu# no# limited to, attomey's
fees and litigation expenses arising out of or relating to the presence,
discharge, release, or escape a# hazardous substances, con#aminants, or
asbestos on or from the PROJECT. Nothing contained herein shall be
construed to require the CITY to levy, assess or coliect any fax ta fund this
indemnification.
(2) The indemnification a�d release required above shall not apply in the eWent
the discharge, release or escape of hazardous subs�ances, contaminants,
or asbestos is a result of ENGINEER'S negligence ar if such hazardaus
substance, contaminant or asbestos is brought onto the PROJECT by
ENGINEER.
�. Contractor Indemnifieaiion and �laims
The CITY agrees ta include in all construction co�tracts the provisior�s of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
{�roviding contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
b. Cantracto� Claims anci ihird��arty �en�fi�iaries
�1} The CITY agrees ta include the following clause in a!I contracts with
construct�on contractors and equipmer�t or materials suppliers:
"Contractors, subca�tractars and equipment and materiafs
supp�iers or� the PROJECT, or their sureties, shall maintain
no direct action aga�nst the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out
of, in connection with, or resuiting from the e�gineering
services performed. Only the CfTY will be the beneficiary
of any undertaking by the ENGINEER."
(2) ThEs AGREEMENT gives no rights or benefits to anyone other than the
GtTY and the ENGINEER ar�d #here are no third�party benefic�aries.
(3) The CITY wili include in each agreemen# it enters into wi#h any other entity
or person �egarding the PROJECT a provision that such entity or person
shall �ave no tF�ird-party �eneficiary rights t�nder this Agreement.
�4} Nothir�g contained in ti�is sectian H. shail be construed as a waiver of any
right the C�TY has to bring a claim against ENGINEER.
I. �[iY's Insurance
(1) The CITY may maintain property i�suranee on certain pre-existing
structures associated with the PROJECT.
(2} The CITY will ensure that Builders Riskllnstallation insurance is maintained
at the replacement cost value of the PROJECT. The C1TY may pro�ide
ENGWEER a copy of the policy or documentation of such an a certificate o#
insurance.
t3) The GITY will specify that the Builders Riskllnstailation insurance shall be
comprehensive in coverage appropriate ta the PROJECT risks.
J. �,itigation Assisiance
The Scope of Services does not include costs of the ENGINEER for required or
requesied assistance ta support, prepare, dacument, bring, defend, or assist in
litigation underta#�en or defiended by the CITY. In the e�ent CITY requests such
s�r�ices of the ENGINEER, this AGREEMENT shall be amended or a separate
agreeme�t wiil be negotiated between the parties.
K. �hanges
The CITY may ma�e or appro�e changes wit�in the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cos# of or time
required fior performance of the senrices, an equitable acijustment wil� be made
thraugh an amendment ta this AGREEMENT with appropriate CITY appro�al.
i4r�icle VI
�eneral �egal �ro�isions
Amendments to Article VI, if any, are included in Attachmen� D.
A. Aufhori�ation to �roee�d
ENGINEER shall be authorized to proceed with this AGREEMENT up�n receipt of
a written Notice to Proceed from the CITY.
�, Reuse of ��ojecf �ocuments
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. Re�ase, change, or
alteration by the C17Y or by others acting through or on behalf of t�e CITY of any
such instruments ot senriee wit�out the written permission of the ENGINEER will
be at the CITY's sa�e ris#c. The final designs, drawings, specifications and
documents shall be owned by the GfTY.
C. �or�e fV�ajeUre
The ENGINEER is not responsi�le for damages or delay in perfo�mance caused
by acts of God, strikes, lockouts, accidents, ar other events beyond the control of
the ENGINEER.
�. '�ermination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written natice. This AGREEMENT may be termEnated by either tF�e
CITY or the ENGINEER for cause if either party fails substantially to
perform through no fau�t of the other and does nat cammence correction ofi
such �onperFormance with 5 days of written notic� and diligently complete
th� cprr�ction thereafter.
(2) !f this AGREEMENT is termina#ed for the eonvenience of the City, the
ENGINEER will be paid for termination expens�s as follows:
a.) Cost of �eproductEon of partial or complefe studies, �lans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storag� containers,
microfilm, electronic data files, a�d ot�er data storage supplies or services;
c.) The time requiremen#s for the ENGlNEER'S personnel to document
the work underway at the time the C[TY'S termination for con�enience so
that the worRt effort is suitable for Iong time s#orage. .
(3) P�ior 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.
�. Suspension, �elay, or Interruption #01Nork
TF�e CITY may suspend, defay, or interrupt the services of the ENGINEER for the
cor�venience of tne CITY. In the ��ent nf such suspension, delay, or interruption,
an equi#able ad�ustmen# in tF�e PROJECT's schedule, commitme�t and cost of the
ENGINEER's personnel and subcontractors, and ENGfNEER's compensation will
be made.
F. Indemnificaiian
{�) The ENGINEER agrees to indemnify and defend the CITY fram any �oss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by t�e negliger�ce or willful misconduct
of the ENGINEER, its employe�s, officers, and subcontractors in
eonnection with #he PROJECT.
(2) If the negligence or willful misconduc# o# both the ENGINEER and the CITY
(or a person identifiied above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relati�e degrees o#
negiigence or willful miscond�ct as determi�ed pursuant to T.C.P. & R.
Code, section 33.011 �4) (Vernon Supplement 1996).
�. Assignm�n�
Neither party wilt assign all or any part of this AGREEMENT without the pria�'
written consent of the other pa�ty.
b. [nterpretation
Limitations on liability and indemnities in �his AGREEMENT are business
understar�dings between tY�e parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort inclut�ing negligence, s#rict
or statutory liability, or any other cause of action, except for willful misconduct o�
gross negligence far limitations of liability and sole negligence fior indemnification.
Parties mean the CITY and the ENGINEER, and tF�eir officers, employees, agents,
and subcontractors,
I. Jurisdiction
The law of the 5tate ofi Texas shall govem t�e validity of tt�is AGREEMENT, its
interpretation and performance, and any other cla�ms related to it. The �en�e for
any litigation related to this AGREEMENT shall be Tarrant Caunty, Texas,
J. Aiterna�e �ispufe Resolution
(1) All claims, disputes, and other matters in questian between the CITY ar�d
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, ar any breach af any abligatian or duty of CITY or ENGINEER
hereunder, will be submitted to mediatEon. If inediation is unsuccessful, the
claim, dispute or other matter in question shall �e submitted to arbitration if
both parties acting reasonably agree that the amount of �he dispute is tikely
to be less than $50,000, exclusive af attorney's fees, costs and expenses,
Arbitration shall be in acco�dance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of
the Associatian then in effect. Any award rendered by th� arbitrators less
than $50,000, exclusi�e vf attorney's fees, costs and expenses, will be fina(,
judgment may be enter�d thereon in ar�y court �aving jurisdic#ion, and will
not be subject to appeal or modification except to the extent permitted by
5ections 10 and 11 of the Federaf Arbitration Act (9 U.S.C. Sections 10 and
11}.
{2) Any award greater t�an $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. TF�e award
shall become final r�inety (90j days from the date same is issued. 1# litigation
is fii�d by either party within said ninety (90) day period, the ar►vard shall
become null and �oid and shall not be used by either party for any purpose
in the litigation.
K. Severabilit� and Surr�i�al
If any of the pro�isions contained in this AGREEMENT are �eld for any reason to
be in�alid, iliegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will nat affect any ather pro�ision, and this AGREEMENT shail be
canstrued as if such in�alid, illegal, or unenfarceable provision had never been
contained herein. Artic#es V.F., VI.B., VI.D., VLH., VI.�., and VI.J. shall sunrive
terminatian of this AGREEMENT far any cause.
L. �hserrre and Comply
ENG�NEER shall at all times observe and compfy with all federal and 5tate laws
and regulations and with �all City ordinances and regulations which in arty way
affect this AGREEMENT and the v�ork hereunder, and shall obser�e and comply
with all orders, laws ardinances and regulations which may exist or may be
enacted later by governing bodies ha�ing jurisdiction or aut�ority for such
enactment, subject to Artilce � V(O}. No plea of misunderstanding ar ignorance
thereof shall be cons�dered. ENGlNEER agrees #o defend, indemnify and hold
�armless CITY and all of i#s officers, agents and employees from and agains# a!I
claims or liability arisir�g aut o# t�te �ialation of any such arder, law, ordir�ance, or
regulatior�, whether i� be by itself or its employees.
/�rticle VII
�ttachmen�s, Schedules, and �ignaiures
This AGREEMENT, including its attaehments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only
be changed by a written amendmen# executed by boih parties. The following
attachments and schedules are hereby made a pari of tY�is AGRE��+IENT:
Attachment A- Scope of 5ervices
Attachment B — Compensation
Attachment C - Schedule
EXECUTED in the City of Fort Worth, thi�{�day o#
ATTEST•
By: � ''�� cF"-. .,�.�_
Glo�ia Pearsc�n
City Secretary �
APPROVED AS TO F�RM
AND LEGALITY
��
By: ;
Assistant City ttorney
� �s"=� 1 1 `'i"LfJ ,_ _
ATTEST: contract AuthaXizsti.�ri
� �q �a�.
____._--. - -- • a--- � _�.�
Date
.
By: � �-
�
�1 i►.� , A.D, , 2002
�
CITY �F ORT WOR H
By: j
Marc A. �Q�t
Assistant City Manager
�
By:
Dale . Fisseler, .�.
Direc#or, Water Department
LOCKWOOD, ANDREWS &
NEWNAM, iNC.
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ATTAGHMENT "A"
SCOPE OF WORK
PHA�E 1 TASKS — 3 months
C04RDINATI4N MEETING. Key LAN-WPRC staff ta meet with FW staff to
averview approach and ensure proper direction for each task.
I. UPDATE EXI�TIllTG W1�TER CON�ERV�TION PLt�.I�T�
A. Review of existing plans and immediate relevan# documents;
B. Campare FW Consezvation Pl�n in terms of major issues and approaches
to conservation
�} City of Dallas
2) Arlington or Irvin� ar Grand Prairie
g} City of Houston
C. RecQmmend proposed updates, changes or modifications
D. Review proposed changes with FW. Adjust as needed to address
questio�s, ideas, or additional information.
I�. CO�.iTSERVATION RATE REVIEW �Tl] DESIGI�
A. Task eoordination meeting with key LAN-WPRC s#aff and FW staff to
overview approach and ensure proper direction for each subtask
B. His�orical da-�a colIection
C. Retail Sales Analysis
�- CoIlect billing data on water-use by account �or each customer class
� Compile approved water projection data
�- Identify conservation measures that are in-place at time of aceount
data
F- Obtain monthly records on water consumption by account bXock and
corresponding rate schedules and coxrelate the effect of water pricing
on water use
D. Assess wa#er demands characteristics for highest water use cIasses
�- Identify % of outdoar use
� Contribution of classes to peak water demand {marginal cost
contribution)
F- Seasonal variation characteristics
�- Daily variation by class, if ava3lable
1of�
E. Determine the capacity of FW system to generate peak demands and �arget
conservation measures to p�ovide for reduced peak demands
F. Determine TWDB rationale and approach far assigning FW's gpcpd rate
G. Rate review and design (to identify appropriate conservation priczng
measuxes)
� Analyze the pattern of water use by category or block
�— Determine the cost of s�rvice by category (xelative to peak capacity)
F- .Analyze the cost and projected cost of providing p�ak capaci�ty
E— Praject the results of conservation in terms of deferring capacity
expansians over time (for an analysis period of �o years)
� Estimate the impact of conservation pricing measures
E— EstimatE the sa�ings (benefits) relative to marginal costs reductions
F— Determine the impacts on total revenues
H. Recommend rate changes to promote cflnservation
� lZate structure
� App�icatian of rate {e.g., seasonal ar year-round)
E- Justification {marginal cost recovery, wise management, equity amo�g
users, etc.)
i. Coordinate with Rate Committee
III. B�ELIl�TE DEVELOPIVIEI�TT AI'�D 1�ONITORIIi�G � 3 months
A. Determine appropriate m�thod for baseline monitaring (Minimum Night
Flo�vs or Integrated Flow or both)
S. Deeelop schematic showing the location o£ each water system component
C. Recommend and review with FW the monitoring approach
D. Llesign baseline monitoring approach
E. Set up and conduct baseline monitoring
IV. STRATEGi� DEVELOPI�EN'T
A. TASK COORDINATION MEETING
B. Establisb goals and course of action for Phase 2 effort and for the basis of
plan revisians and i�nplementation
f- Provide incentives for conservation through technology
F- Minimize "enforcement" approaches
2of�
F-�- Ydentify and revise or remave illogical or insignificant measures or
restrictions in current conservation plan or ordinances
�--- Frovide for overview of FW entire system fio fiake advantage of the
resources available
F- Shaw �hat FW conservation plan is designed to wisely manage its water
resources balancing conservation, costs, and revenues appropriately
C. Optimize approaches to conserva�ion
� Develap conse�vation targets that meet FW goals
� Prepare matx�ix to analyze all apprapriate options
F-- Incarpvrate baseline data to analyze conse�vat�on needs
� Outline how cornpnnents of FW system included in vptimizatian
� Design strategy to provide benefits (reduced costs, deferred peak
capacity use, and stabilized revenues) ir� each component of the overall
FW system
� Design approach to optimize supply-side, including raw water
conveyance, leak detection, conservation pricing with end-user
incentives fQr water conservation
D. Provide direction and inp�t for Optimization and Modeling task (Phase 2)
V. PUBL�C EDUCAT�ON 1�Ii�D I1V'FORIVIATIORT
A. Develop strategy
B. Cammunication plan
<--- Canservation plan changes
� FW Strategy for c�nservation measures encompassing the FW sy�tem
(supp�y-side and user-end)
� Water rate changes and impacts/benefits
E— Communicate technology approaches to reducing water use
�-- Reduction in seasanal (irrigation} wa�er use
� Public meeting(s] (ques�ionJanswer — "town hall" type)
PIIA�E � TASKS — b months
CQORDYNATION MEETING. Key LAN-WPRC staff to meet with FW sta�f to
ovez view approach and ensure proper direction for each task.
I. LEAKAGE
A. Review records
B. Analyze avaiTable data to further target zones or areas with highest
potential of economical leakage control
3af5
�- DemQgraphic infiormation
E— Sails data
� Repair and maintenance data (from FW work order records)
C. Monitoxing program for residential and commercial/industrial
D. Quantify watex losses by type
E. Determi�e the "economic level of leakage" (ELL)
�I. �ATER �YSTEIVI OPTIIVIIZATI01lT 1VIODEL
A. Identify areas where optimization of existing system operations can
pravide most return (benefit to cost}
� Energy aptimizat�an of pumping
� Balance demand, pumping, chemical use, O8tM, storage, etc based on
cost implications
F- Run e}rt�nded simulation of cu�r�rent system madel tQ evaluate
operational i.ssues, s�orage needs, and to assess and refine design
criteria used for triggering and designing additional capacity
� Othex parameters as appropria�e to improve efficiency ar achieve
conservation goals
B. Select and develop apprapriate optimization method and/or mod�l
C. Perform optimization under existing and with recommended conservation
measures (e.g., WSOsim)
III. SUPPLY-SIDE ALTERIlTATTVES (in addition ta conservation rate from
Pbase x}
A. Coordinate with the Tarrant Regional Water Authority
F- Obtain available data and supply system modeling (of deliveries and
aperating plan}
� Ana�yze consezvation measures an�l potential for more efficient
delivery of raw water to FW
� Incoxpoxate issues of source reliability, yield, cost of raw water
conveyance, water quality issues, etc.
B. Estimate the potential �aenefits af alternatives that will achieve ba]ance
between conservation and the possibility o£ xeduced xevenue
C. Coordination with FW
N. REUSE
4 af �
A. Develap criteria/standards for availability of xeuse supplies
B. Cost model to captu�e revenues to cover capital cosfis
C. Determine appropriate reuse water rates (as % of trea�ed water rates, for
example)
D. D�velop recarnmendations for increasing re�se water use
V. REPORT� Al�dD DELIVERABLE�
A. Technical (Progress} Mernoranda
� Comparison of FW p�ogram with other program�
� Resolution of per capita water use issues wi�th'.I WDB
� Matrix values for basEline data
� Baseline data development
� Water use characteriza�ifln for retail use by category
� Others as determined thxough consultation with FW
B. Conservation and System Optimization Document
F- Report on existing condi#ions
E- Recommended conservation rate changes and impacts
� Qptimization {strategies) to incl�de consezvatian in overall FW system
F-- Initial �-year conservation implemen�ation plan
F- Recommended cost reduc�ion measures
5 a� 5
Attachrnent B
Cornpensation
The Engineer shall be coinpensated on the basis of lum� sum af $280,DOO.QO. Payment
shall be in accordance witih the provisions of Artzcle III,
AtCachmenti C
Schedule
Task
Phase I
Phase 2
All Tasks and
Reports
Sche�.u�e
All tasks three (3) months from NTP
All tasks nine (10) mflnths from NI'P
Eleven (11) months from. NTP
Cit� of '.�F`ort �o�th, Texas
i�l�yor a�d Cou�ci� G�r��ur�i��-�i�r�
�ATE REF�REiVCE NUMBER l.OG �IAME PAGE
719102 **�_� 9��� I 60STUDY f- LL -
suB��cr EXECUTE AN �NGINEERING AGREEMENT WfTH LO�KWt�c�D.,
NEWNAM, INC, F�R THE WATER SYSTEM G�NSERVATlON
OPTlM1ZATfOfV PROGRAM
REGOMME�lDATION:
1 of 2
ANDREWS, &
AND SYSTEM
!# is recammended tha� fhe City Gauncil autt�orize the City Manager to �xecute an agreement with
Lockwood, Ancirews & Newnam, �ne. to design and prepare a revised water cons�rvation and system
optimization prngram in an amount no# #a exceed $2$0,00�.
DISClJSSf�N:
Fort Worth has der►eloped a lor�g-range wafer supply plan to meet anticipated water demand5 for the
next fifty years. The high cosi of future sources of our water supply ma�Ces conservation of existing
supplies a priority. This project will provide far hetier managemen� af existing supplies and integration
of new conservation and optimization practices and will be carefully de�ign�d to pro�ide for
conservation thrnugh incentives and other positi�e measures (e.g., use of technology, education, etc.)
as apposed to an over-re�iance on en�orcement af water restriction ordinances.
A re�iew of the City's r�sidential water rate sfructure is ne��ed to pro�ide far recovery of higher
incremental casts water during p�ak �eriods in a fair and aquitable manner. Identifying and carrecting
[eakage is another step that will pravide addi�ional revenues and extend existing supplies. The
conservation program will prouide for sap�isticated op#imization af casts including supply, treatment,
delivery, I+�akage correction, future infrastructure develapment, and extende� reliabiliiy of s�pply.
Lockwood, Andrew� & Newnam, �nc. has the experkise and capabilit� tv design and de�elop the
canservatian program and will compfete the foflowing tas�Cs:
�� Develop a public ectucation program to �ncourage th� efficient use of water; and
• Design and collect "basefine" data as a benchmark to measure results; and
� Allacate cos#s of ineeting pea� demands (margina� casts) among categori�s; and
o Establish appropriat� cc�nservatitin rates and measures; and
o fderatify economically-achie�able leak r�duction measures; and
� Design appropriate rates for reuse water supplies; and
• De�elop a model to optimiz� costs, reven�es, and supply; and
� Incorparate the City's landscape ardinance and public water use pragram into the uPdated
conservation plan,
Lockwaod, Andrews & Newnam, lnc. is in compliance wifh the City's MNUBE Ordinance by committing
t� 23% MlV11BE participation. The City's goal on this project is �3°/a.
�'ity o��'ort �'orih9 T'exas
f��yor ��d Coun��� C�r�n�u�ic��i��
DATL� R�FERENCE NUMBER LOG NAME PAGE
7191�2 **�e� g� �6 � 80STUDY 2 af 2
sus�ECT EXECUTE AN ENG�NEERfNG AGREEMENT WITH L CKWOnD, ANDREII'JS, &
NEWNAM, INC. FOR THE WATER SYSTEM CONSERVATION AND SYSTEM
OPTIMIZATION PROGRAM
FfSCAL INFORMATIONICERTIFICATION:
The Finance DireGtar certifies that funds are available in the current capital budget, as approp�iated, of
the V1later Capita� Projects Fur�d.
MO:k
Subrt�ittcd for City Manager's
Office by:
Marc Ott
Originating Departrnent Head:
Aale Fisse�er
6122
8207
FUND ! ACCDUNT ' CENTER � AMOUNT
(to)
{from) -
P182 5392Qfl �6�162151040 $280,000.00
CITY SECRETARY
Additional I�formation Contact:
Dale Fisseler
8207
APPROVED 07/09/Q2