HomeMy WebLinkAboutContract 27844/
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C1TY SECRETARY � r1��� �
CONTRACT NO. �
CIiY ��' �0��' 1d�10R�Fi, ���5
STA�IDA�� /;CaR�Fch��Ri� FOR I�iVGIN��RINC SER111�ES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and P�k
�nqinPPrinq (the "ENGINEER"), for a PROJECT generally d�scribed as: Design and
Gonstr�ction Management of Existin� Di�ester at Villag .r __I� Wactewa#Pr TrPq��nt Plant�
�►r�icle I
5cope of �erviees
�►. ihe Scope of Serriices is se� �or�h in Af�achmen� �.
�r�icle II
Compens�fion
�. ihe �ngineer�'s compensation is sei fo�fih in ►4ttaehmenfi �.
�rticle III
Term� o� ��ym�nf
Paymenfs to the ENGINEER will be made as falEows;
�4. Invoice and �aymen4
{1} The Engineer shall pro�ide the City sufficient documenfation to reasonably
substantiate the invoices.
(2) The ENGINEER wil[ issue manthly in�oices far all wark perfarmed under this
AGREEMENT. tn�oices are due and payable wi�hin 30 days of receipt.
(3) Upon complefian of services enumerated in Article I, the finaf payment af any
balance will be due wifihin 30 days of receipt of the final in�oice.
(4) In fhe e�ent of a dispu#ed or contested billing, only that portion so contesfed will be
withheld from payment, and the undispufed portian will �e paid. The CITY wiil
exercise reasonableness in contesting any bill or portion thereof. No interest will
accrue on any contested portion af the billing until mutually resolved.
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(5) If the CITY fa[Is to make payment in full to ENGIhlEER for billings contested �n
good faifh within 60 days o� the amount due, tf�e ENGINEER may, after gi�ing 7
days' writfen notice to CITY, suspend services under this AGREEMENT unti[ paid
in fulf, including inferest. In the e�ent of suspension of services, fhe ENGINEER
shal! have no liability ta CITY for delays or damages caused the CITY because of
such suspension of services.
�►rfiicle IV
Obliga�ions of 4he �ngin�e�
Amendments to Arkicle IV, if any, are included in Attachment D.
�. General
The ENGINEER will serve as the CITY's prafessional engineering re�resentati�e under
this Agreement, providing professional engineering consultatian and ad�ice a�d
furnishing custamary services incidentai thereto.
1�. Sfi�nda�d o�' Care
The standard of care applicable to fhe ENGINEER's services will be the degree of slcill
and diligence normally employed in the State of Texas by professional engineers or
consultants performing the same or similar services afi the time such services are
perFarmed.
C. Subsurface In�estigaiions
(1) The ENGINEER shall advise the CITY with regard to the necess�ty for subcontract
work such as special surveys, tests, test borings, or o�her subsurtace
in�estigations in connection with design and engineering work to be perFormed
hereunder. The ENGINEER shall also advise the C[TY cancerning the results of
same. Such sutveys, tests, and in�estigations shall be furnished by the CITY,
unless ofiherwise specified in Attachment A.
(2) In soils, 'FDUf1d�fl0i1, groundwater, and other subsurFace in�estigatians, the actual
characterisfiics may �ary sign�ficantly between successiue tes# points and sample
intervals and at locations other than wher� abservation5, exploration, and
investigations ha�e been made. Because of the inherent uncertainti�s in
subsurface e�aluations, cYtanged or unanticipa�ed underground conditions may
occur that could affect the to�al PROJECT cosi andlor ex�cution. These conditians
and castlexecution effects are nof the responsibility of ihe ENGiNEER.
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�. �reparaiion of �ngineering �ra�ing�
The ENGINEER will pro�ide to fhe CITY the original drawings of all plans in ink an
reproducibEe plastic film sheets, or as otherwise approved by CITY, which sY�all become
the property of the CITY. CfTY may use such drawings in any manner it desires;
prouided, howe�er, that fhe ENGINEER shall not be liable for the use of such drawings
for any project other #han the PROJECT described herein.
�. I�ngineer�'s �e�sonnel af Cons�eu�fiion �ifi�
(1) The presence or duties of fhe ENGINEER's personne! at a construction slte,
whether as on-site representatives or otherwise, do not ma{�e the ENGINEER or its
personnel in any way responsible far those duties that belong to the CITY andlor
the CITY's co�struction coniracfiors or o�her enfiities, and do not relieve the
construc#ion contractors or any other entity of their obligations, duties, ar�d
respansibilities, including, but not limited fo, all construction mefhods, means,
fechniques, sequences, and procedures necessary for coordinating and
completing all portions of the consfruction work in accordance wifh the Contract
Documents and any health ar safety precautions req�ired by such construc�ion
wark. The ENGINEER and its personnel have no authority to exercise any con�rol
o�er any construction contractar or other entity or their employees in connection
with their work or any heaith or safe�y precaufions.
(2} Except to ihe extent of specific site visits expr�ssly detailed and set forth in
Aitachment A, �he ENGINEER or its pe�sonnel shall have no obligation or
responsibility to �isit the canstruction site to become familiar with the progress or
quality of the compieted wor� o� the PROJECT or to determin�, in general, if th�
work on fhe PROJECT is being perFormed in a manner indicating that the
PROJECT, when completed, will be in accordance with fhe Contrac� Documents,
nor shall anything in fh� Contract Documents or the agreement befinreen GITY and
ENGINEER be construed as requiring ENGINEER to make exhaustive or
continuous on-site inspectians ta discover latent defects in the work or othervvise
check the quality or quantity of the work on the PROJECT. Ifi, for any reason, the
ENGINEER should malce an on-site abservation(s), on the basis of such on-site
observations, ifi any, �he ENGINEER shall e�dea�or to keep the CITY informed of
any de�iatior� from the Contract Documents coming to the actual notice of
ENGiNEER regarding the PR�JECT.
(3} When prafess[onal certification of performance or characterisfics of materials,
systems or equipment is reasanably required to perForm the services set forth in
the Scope of Services, the ENGINEER shal! be entitled to rely upon such
cer�ification to establish materials, systems or equipmenfi and perFormance criteria
to be required in the Contrac# Documents.
F. Opinions of �r�obahle Cost, �inancial Considerafiions, and Scheduie�
(1) The ENGIiUEER sY�all prouide o�inions of probable costs based on the current
a�aiiable information af fihe time of preparation, in accordance with Attachment A.
(2} In pro�iding opinior�s of cos�, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control o�er cost or price
of labor and materials; unknown or latent conditions of existing equipment or
structures that may affect operation or maint�r�ance costs; competiii�e bidding
procedures and market condifions; time or quality of perFormance by third parties;
quality, fype, management, or directian of aperating �ersannef; and other
economic and operational factors that may materialfy affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER malces no warranty that the CITY's
actual PR�,lECT casts, financial aspects, economic feasibility, or schedules will
not �ary from the ENGINEER's opinions, analyses, projections, or estimates.
+C. Consfi�ucfiion PPogr�e�s �aymen�
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construc#ion confractor will be based on ti�e ENGINEER's �nowledge,
information, and belief from selecii�e sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represen� thaf
cantinuous or de#ailed examinatians ha�e be�n made by the ENGINEER to ascertain that
the eonstructian contractor has completed the work in exact accordance with the Coniract
Documents; that fhe fiinal wark will be acceptable in all respects; that fhe ENGINEER has
made an examination to ascertain t�ow or for what purpose the construction contrac�or
has used the moneys paid; that title to any of the work, materials, or equipment has
passed to the C1TY firee and clear of liens, claims, securi�y interesfs, or encumbrances; or
that there are nvt other ma�ters at issue beiween the CITY and the construcfion
contractor that affect the amount that shauld �e paid.
H. Fteco�d I]rawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may nofi always represertt th� �xact location, #ype
of �arious components, or exact manner in which the PROJECT was finally constructed.
The ENGINEER is not responsible for any errors or omissions in the information from
others �hat is incorporafed in�o the record drawings.
I. i�inority and !f'�oman �usiness �nfierp�ise ��IIdV��) �ar�icipafion
ln accord with City of Fort Worth Ordinance Na. 'f 19�3, the City has goa[s for the
participation of minority business enterprises and woman business enterprises in Cify
con�racts. Engineer acknowl�dges the MIWBE goal established for fhis contract and iis
commitment to meet that goal. Any misrep�'esentation of facts (other #han a negligent
misrepresentation) andlor the cammissio� of fraud by the Engineer may result in fhe
termination of this agreement and debarment from participating in City contracks for a
periad of time of nat fess than three (3) years.
J. �igh� �o �udi4
(1) ENGINEER agrees that the CITY shall, unfiif the expiration of tfi�ree (3} years afte�
final paymenf und�r this contracf, have access to and the right to examine and
�ho�ocopy any directly pertinent books, documents, �apers and reeords of the
ENGINEER in�olving transactions relating to this contract. ENGINEER agrees
that the CITY shall have access during normal working hours to all necessary
ENGINEER facilities and shall be provided adequate and appropriate woricspace
in order to conduct audits in compliance with the pro�isions of this section. The
C1TY shall give ENGINEER reasonable ad�ance notice of intended audits.
(2) ENGINEER further agrees to include in all its sub cansultan� agreements
hereunder a pro�ision fo the effect that the sub consultant agrees tha# the CITY
shall, until the expiration of fhree (3) years afker final payment under the
subcontract, ha�e access to and the right #o examine and photocopy any directiy
pertinent books, documents, papers and records of such sub consultant, invol�ing
transactions to the subcontract, and further9 that the CITY shall have access during
normal working hours to all sub consultant facilities, and shall be pro�ided
adequate and appropriate worl� space, in arder to conduct audifs in compliance
with the provisions of this article together wifh sufaseciion (3)hereof. CITY shafl
give subcon-sultant reasonable advance notice of intended audits.
(3) ENGINEER and sub consultant agree to photocopy such documen#s as may be
requested by the CITY. The CITY agrees io reimburse ENG[NEER for the cast of
copies at the rate pubfished in the Texas Administrati�e Code in effect as of the
time capying is perFormed.
F�. ���lRl���'� Insurance
(1} Insurance co�erage ar�d limits:
ENGINEER shall provide to the City certificate{s} of insurance documenting policies of the
following co�erage at minimum fimits, which are ta be in effect prior to commenceme�t of
work on the PROJECT:
a. Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
b. Aufomobi[e Liability
$�,OO�,OOD each accident (or reasonably equival�nt fmits of coverage
lf written on a split limits basisj. Coverage shall be an any vehicle used
in the co�arse af the PROJECT.
c. Worker's Compensation
Co�erage A: statutory Hmits
Co�erage B: $10a,000 �ach accidenf
$500,000 disease - policy fimit
$100,000 disease - each employee
d. Professional Liability
$1,OOQ,000 �ach claimlannual aggregate
(2) Certificates of insurance eviclencing that the ENGfNEER has obta�ned all required
insurance shall be delivered to the GITY prior to ENGINEER proceed�ng with the
PROJECT.
(a) Applicable paEicies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and �olunteers as respec�s fhe
contracted services.
(b) Certificate{s) of insurance shall dacument that insurance coverage specifed
according to items section K. (1) and K. (2} of this agreement are pro�ided
under applicabfe policies documenfed thereon.
(c) Any failure on part of the CITY to reques# required insurance documentation
shall not consti#ute a waiver of the insurance requirements.
{d) A minimum of thirty (3Q) days notice of cancellation ar material change in
coverage shall be pra�ided fo the CITY. A fen (10) days notice shall b�
acceptable in the event of non-paymenf of premium. S�ch terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall �e sent to #he
respect��e Department Director {by name), Cifiy ofi �ort Wor�h, 10�0
Throckmorfion, Fort Worth, Texas 761 �2.
(e) Insurers for all policies must be authorized to do business in the state of
Texas or be otherwise appraved by the CITY; and, such insurers shall be
acceptable to the CiTY in terms of their financial strer�gth and solvency.
�fi� Deductible limits, or self insured re#entions, affecting insurance required
herein shall be acceptable to the G1TY ir� its sole discrefion; and, in lieu of
traditianal insurance, any alternative co�erage maintained #hrough
insurance pools or risk retention groups must be also approved. Dedicated
financial resources ar letters of credit may also be acceptable to the City.
(g) Applicable policies shall each �e endorsed with a wair�er of subrogation in
fauor ofi the CITY as respects the PROJECT.
{h) The Gity shall be entitled, upon its request and wi#hout incurring expense, ta
review the ENGINEER's insurance policies including endorsements fi�ereto
and, at the CITY's discretion, the ENGINEER may be required to pro�ide
proof of insurance premium paymenfs.
(i) The Commercial General Liability insurance policy shail have no exclusions
by endarsements unless #he C1TY appro�es such exclusions.
(j) Ti�e Professiona� Liability insurance policy, if written on a claims made �asis
shall be maintained by the ENGINEER for a minimum two (2) year period
subsequent fo the term of the respec�i�e PROJECT contract with the CITY
unless such co�erage is provi�ed.ihe ENGINEER on an occurrence basis.
(k} The CITY shall not be responsible for the direc# paymen# of any insurance
premiums required by this agreement. It is unders�ood that insurar�ce cost
is an allowable componenf of ENG[NEER's overhead.
(I) All insurance required in section K., excepfi for tE�e Professional Liability
insurance policy, shall be written on an accurrence basis in order to be
appro�ed by the CITY.
(m) Subconsultants to fhe ENGINEER shall be required by the ENGINEER to
maintain the same or reasanably equi�alenf insuran�e co�erage as required
for ihe ENGINEER. When subeonsulfanfs maintair� insurance coverage,
ENG[NEER shall pro�ide CITY with documentation thereof on a certificate
ofi insurance. Nafwithstanding anykhing to the contrary contained herein, in
the e�ent a su�consultanf's insurance co�erage is canceled or terminated,
such cancellation or termination shall no# constitute a breach by
ENGINEER of the Agreement.
L. Independent Gonsuliant
The ENGINEER agre�s to perform all services as an inde�enden� consultant and not as
a subcontrac#or, agent, or employee of the C1TY.
fP�. f9i�closure
The ENGINEER acEcnowledges to the CITY fihafi i� has made full disclosure in writing of
any existing conflicts of interest or patential conflicts of interest, including personal
fiinancial interest, direct or indirect, in property abutting the proposed PROJEGT and
business relationships with abutting property ci�ies. The ENGINEER further
acknawledges fhat it wil! ma�e disclosure in writing of any conflicts of interest that de�elop
subsequent to the signing of this contract and prior to final payment under the contract.
�. Asbesfos or Hagardous �ub�fcaances
(1) If asbesfos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the afFected portions of the PROJECT to
permit #?sting anc� evaluation.
{2) If as�es#os or other haaardous substances are suspe�ted, the ENGINEER wi{I, if
r�q�ested, assis# the CITY in obtaining the services of a qualifed subconfractor to
manage the remediation acti�ities of the PROJECT.
O. �er�mitl'ing Authoeities � �esign Changes
If permitting authorities require design changes so as ta comply wit� pub[ished design
criteria andlor current engineering practice standar�s which t�e ENGINEER should ha�e
f�een aware of a# the time this Agreement was executed, the ENGINEER shall �'evise
plans and specifications, as required, a# its own cost and expense. Howe�er, if design
changes are required due to the changes in the permiftir�g authorities' published design
criteria andlor practice standards cri#eria which are publish�d after the date of this
Agreement which the ENGINEER could nof have been reasonably► aware of, the
ENGINEER shall na#ify the CITY of such changes and an adjustment in compensation
will be made through an amendment to this AGREEMENT,
Ar�icle �
�blig�tions o# the City
Amendments to Ar�icle V, if any, are included in Attachment D.
�. City��uwnish�d �ata
The CITY will malce available to the ENGiNEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PR�JECT. The ENGINEER
may rely upon the accuracy, timeliness, and completeness ofi the information provided by
ihe CITY.
�. Access fio �acilifiies and �rop�rrty
The CITY will make its facilities accessible ta the ENGINEER as req�ired for the
ENGINEER's perFormance of its services and will provide labor and safety equipment as
required by the ENGINEER for such access. The CITY will perform, at no cost �o the
ENGINEER, such tesfs of equipm�nf, macninery, pipelines, and ofher componen#s af the
CITY's facilities as may be required �n connection with the ENGiNEER's services. The
CITY will be responsible for all ac#s af the CITY's personnel.
C. Adver�i�emen�, �ermif�, and Acce�s
Unless ofherwise agreed to in the Scope of Services, the CITY wiEl oi�tain, arrange, and
�ay fior all ad�ertisements for bids; permifs and licenses required by local, sfiafie, or �ederal
autharifies; and land, easements, rights-of-way, and access necessary for th�
ENGiNEER"s services or PR�JECT construction.
D. iimely R�vi�w
The CITY will examine the ENGINEER's s#udies, reports, sketc�es, drawings,
speci�cations, proposals, and ofher documents; obtain ad�ice of an at�orney, insurance
counselor, accoUntan�, auditor, bond and financial ad�isors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the projec# sc�edule in Attachment A.
�. Pt�ompt Nioiice
The CITY will give prompt written not�ce to the ENGINEER whene�er CITY obse�ves or
becomes aware ofi any de�elopment thaf afFects the scope or timing of the ENGINEER's
s�rvices or of any defect in the worl� of fhe ENGINEER or construction contractors.
�. Asbes�as or b�zardous Subst�nces and Indemnifcation
(1) To the maximum ex�enfi permitted by law, the CITY will indemnify and release
ENGINEER and its officers, employees, and subconfractors from all claims,
darrtiages, losses, and cosis, including, but not limi�ed ta, attorney's fees and
litigafian expens�s arising out of or relating to the presence, discharge, release, or
escape of hazardous substances, contaminants, or asbestos on or from �he
PR�JECT. Nothing eontained herein shall be construed to require #he CITY to
levy, assess or collect any tax to fiund this indemnification.
(2) The indemnification and release required abo�e shall not apply in the e�ent the
discharge, release or escape of hazardous substances, contaminanis, or asbestos
is a result ofi ENGINEER'S negligence or if suci� hazardous substance,
cantaminant or asbestos is brought onto fhe PR�JECT by ENGiNEER.
C. Confir�actor {ndemni�icafion and C[a�m�
The CITY agrees to include in all construcfiion contracts the pravisions of Article IV.E.
regarding the ENGINEER's Personnel at Cons#ruc#ion Site, and provisions pro�i�ing
contractor indemnification of the CITY and the ENGINEER for contrac#or's neg�igence.
Ff. Confractor Claims and Third-F�ar�i7► �eneficiaries
(1} The CITY agrees to include the following c[a�se in afl contracts with constructivn
contractors and equipment or materials suppliers:
"Contractors, subcontracfors and equipment and materials
suppliers on the PROJECT, ar their sureties, shall maintain no
direct action against fihe ENGINEER, its officers, employees, and
subcontractors, for any claim arising aut oi, in connection with, or
resulting from the engineering services performed. Only fihe CITY
will be the beneficiary af any undertal�ing by the ENGINEER."
(2j This AGREEMENT gi�es no rights or benefits to anyone other fhan the CITY and
the ENGINEER and there are no �hird-party beneficiaries.
(3) The C1TY will include in each agreemenf it enters inta wifh any ofher entity or
persan regarding the PROJECT a pro�ision fhat such entity or person shall ha�e
no third-party benefiiciary righ�s under this Agreemertt.
(4) Nothing contained in this section H. shall be consfrued as a wai�er of any right the
CITY has fio bring a claim against ENGINEER.
I. CI�Y'� Insurance
(1} The CfTY may maintain property insurance on certain pre-exis#ing structures
associafed with the PROJECT.
{2) The CITY will ensure that Builders Riskllnstallation insurance is maintained at the
re�lacement cost �alue of the PROJECT. The CITY may provide ENGINEER a
copy of the policy ar documentatian of such on a certificate af insurance.
(3) The CITY wil[ specify that the Builders R�skllnstalfatian insu�ance sha11 be
comprehensive in coverage appropriat� to �he PR�JECT risks.
J. Li�ig�iion A�sist�nce
The Scope of Services does not inc[ud� costs af the ENGINEER for req�ired or
requested assistance to support, prepare, documen�, bring, defend, or assist in [itigation
undertal�en or defiended by the CITY. In the e�ent CITY requests such services of the
ENGINEER, t�is AGREEMENT sY�all be amended or a separate agreement will be
ne�otiated between the parties.
F�, �hanges
The CITY may make or approWe changes wifhin the general Scope af Services in this
AGREEMENT. If such changes affect #he ENGINEER's cost ofi or time required for
pertormance of the serv�ces, an equitable adjustment wifl be made through an
amendment to this AGREEMENT with appropriate CITY approval.
A�tic[e VI
�eneral ��gal �rovi�ions
Amendments to Ar�icle VI, if any, are included in At#achmer�t D.
�. �uthopiz��ion �o ��°a�eed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed frotr� the CITY.
�. Reuse of Pr�jec4 Documen�s
All designs, drawings, speci�cations, documents, and o�her worEt products of the
ENGINEER, wl�ether in hard capy or in electronic form, are ins�ruments of service for th�s
PROJECT, whether the PROJECT is com�leted or not. Reuse, change, or alteration by
the C�TY or by ath�rs acting thraugh or or� �ehalf af fhe CITY af any such instrum�nts of
service without ihe written permission of the ENGWEER will be at the CiTY's sole risf�.
The fiinal designs, drawings, specifications and documents shall be owned by the CITY.
C. For�ce f�Yajeure
The ENGINEER is not responsible for damages or delay in perFormance caused by acts
of God, strikes, locl�outs, accide�ts, or otF�er e�ents beyond the control of the
ENGINEER.
�. �e�min�tion
(1} This AGREEMENT may be terminated only by the Ci�y for con�enience on
3D days' written notice. Th�s AGREEMENT may be terminated by eifher fhe CITY
or the ENGINEER for cause if either party fails subs�antially to perform fihrough no
fault of the other and does not commence correction of such nonperFormance with
5 days o'F written notice and diCigently complete the carrectian #hereafit�r.
(2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER
wi�l be paid for terminafion expenses as follows:
a,} Cost of reproduction of partial or complete st�adies, plans, specifications or
other forms af ENGINEER'S wor4� product;
b.) Out-of-poc4cet expenses for purchasing siorage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requiremen#s for the ENGINEER'S personnel to documen� the
work underway at the �ime the CITY'S termination for canvenience so that the wark
effort is sui�able for {ong time sforage.
(3) Priar to proceeding with termination services, the ENGINEER will submit to the
C1TY an itemized statement of all t�rmina#ion expenses. The CITY'S appro�al will be
o�tained in writing prior to proceeding with termination services.
�. �uspension, �elay, or In�rerrupiion fo 1Norl�
The CITY may s�spend, delay, ar interrupt the services of the ENGINEER for the
con�enience of the CITY. In the e�ent of such suspension, de[ay, or interrupfiion, an
equitabl� adlustment in ihe PROJECT's schedufe, commitment and cast of the
ENGiNEER's personnel and subcontrac#ors, and ENGINEER's compensation will be
made.
F. Indemni�ic��ion
(1} The ENGINEER agrees fo indemnify and defend fhe CITY from any loss, cost, or
expense claimed by third parties for proper�y damage and bodiay injury, including
death, caused solel�r by �he rtegligence or wiliful misconduct of fhe ENGINEER, its
employees, officers, and subconfractors in connection with the PROJECT.
(2) lf the negligence o�' willful misconduct of both the ENGINEER and the CITY (or a
person identified above for whom each is liable) is a cause of such damage or
injury, the loss, CDSt, or expense sha11 be shared between the ENGINEER and the
CITY in praportion to tl�eir relati�e degrees af negligence or willful misconduc# as
determined pursuant to T.C.P. & R. Code, secfion 33.D11{4) {Vemon Supplement
1996},
G. Assignmen�
Neither part� wip assign ali or any part of this AGREEMENT without the prior written
cor�s�nt of �he other party.
Fi. Inferpref�a�ion
Limitations on lia�ility and indemnities in this AGREEMENT are business understandings
between the parties and shall apply fo al! the different theories of reco�ery, including
breach of contract or warranty, tort incfuding negligence, strict or statufory liability, or any
other cause of action, except for willful miscanduct or gross negligence for limitafions of
liability and sole negligence for indemnification. Par�ies mean the CITY and the
ENGiNEER, and �heir officers, employees, agents, and subcontractors.
I. Juri�di�tion
The law of the State of Texas shall govern fhe �alidity of this AGREEMENT, its
inferpretation and performance, and any other claims refated to it. The venue fior any
litigaiion related to this AGREEMENT shal{ be Tarrant Caunty, Texas.
J. Al�rerna�e �i�pu� Resolufion
(1) A!I claims, disputes, and other matters in question between the C[TY ar�d
ENGINEER arising out of, or in connection with this Agreement or the PROJECT,
or any breach of any obligation or duty of CITY or ENGINEER hereunder, will �e
submitted ta mediation. lf inediation is unsuccessful, the claim, dispute or other
matter in question shall be submitted ta arbifration if both parties acting reasonably
agree that the amount of the dispute is likely to foe less �han $50,D00, exclusi�e of
attarney's fees, costs and expenses. Arbitration sha[I be in accordance with the
Constructian Industry Arbitratian Rules of the American Arbitration Association or
ofher applicable fules of the Association then in effect. Any award rendered by the
arbitrafors fess than $SQ,ODa, exclusive of a#torney's fees, costs and e�cpenses, will
be final, judgment may be entered t�ereon in any courk ha�ing jurisdiction, and will
not be subject to appeal or modifica�ion except �o tY�e extent permitted by Sections
10 and � 1 of the Federaf Arbiira#ion Act (9 U.S.C. Sections 10 and 11).
{2) Any award greater �han $50,000, exclusive of att�rr�ey's fees, costs and exp�r�ses,
may be litigated by either party on a de no�o basis. The award shall become final
ninety (90) days from the date same is issued. If litigatior� is filed by either party
within said ninety (90} day period, the award shall become null and void and shall
not be used by eifher party for any {aurpose in fhe litigation.
FG. Severability and Sur�ri�al
If any of the provisions contained in this AGREEMENT are held for any reason to be
invali�, iUegal, or unenforceable in any respect, such inrralid�ty, illegality, ar
uner�forceabi[ity will not affect any other pro�ision, and this AGREEMENT shall be
construed as if such in�alid, illegal, or unenfiorceable pro�ision had never been contained
herein. Artic[es V.F., Vf.B., VI.D., VI.H., VI.I., a�d VLJ. shal] survive termination of this
AGREEMENT for any cause,
�. �b�ewe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the wark hereunder, and sl�all abserve and compCy with all orders,
laws ordinances and regulations which may exist or may be enacted later by governing
bodies ha�ing jurisdiction or authority for such enactmen#. No plea of misunders�anding or
ignorance th�reof shall be considered. ENGINEER agree� to defend, irtdemnify and hald
harmless CITY and al{ of its officers, agents and employees from and against all claims or
liability aris[ng out of the vialation of any such order, law, ardinance, or regula#ion, whether
ii be by itself or Ets employ�ees.
/��ticle VII
��tachmerais, Schedules, and Signatures
This AGREEMENT, including ifs attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changeci hy a written amendment execu#ed by both parties. The following attachments
and schedufes are hereby made a part vf this AGREEMENT:
A#tachment A- 5co�e af Services
Attachmen� B — Compensation
Attachment C - Schedule
EXECUTED in fhe City of For# Worth, this � day of
ATf EST:
By: �e�- l"-� Ca� • �
� �F�torra-�r�o�'
���City Secr�t�ry
APPROVED AS TO FORM
AND LEGALITY
B�
Y
° Gary Stein�erger
Assistanf City Attorney
�4TT�ST:
Deltate�C Engineering
�4114 Dallas Parkway, Suite 480
Dalias, Texas 752�4
B :�5����U� �
v �
Bahram Niknam, P.E.
P�esident
C I����-
Contrac# Autharization
�/�� � 4 �
Date
,
��..�� �.
CITY OF
�
A. 0
, A. D. �Oa�
Manager
.� � . �
� � �+,�_ _ _
}, �
ale A. Fissele , P.E.
Director, Water Departmen�
J���V ��BG� �� �'I�r::'�' ��'�J
C��l��`r 5,�,� : �}���`���U
�`' s�i�;�
A�tachment "A"
Part 1.0
General Scope of Services for
Design and Consiruction Manag�menfi of
Existing Digester at the Village Creek Wastewater Treatment Plant
Reno�ation Documettts
1.01 Deltatek Engineering shall prepare reno�atian con#ract documents in accordance with
the City of Fort Wor�h requirements as ou#lined req�est for Proposals for the referenced
project. The scope of services shall include plans and specification for Design of
Existing Digester at the Vi[lage Cree� Wastewater Treatmenf Plant. Deltatel�
Engineering shalE pro�ide cartstr�ction management services fvr fhis pra�ect. The scope
of work shall include but not limited ta the following:
1.
2.
Part 2.D
Provisions fo� repair and rehabilitation of diges�er raof.
Roof mounting brac�Cets repair.
Construction services
2.0'�. Deltatek Engine�t'ing shall ma�e per�odic visits during reno�at�ort of this facility. The
services shalr ir�clude on site observa#ion during renovation to ensure compliance wi�h
the reno�ation dacuments.
Part 3.D MVIIBE Compfiance
3.1 Incompliance with the City af Fort Worth Ordinance 1�923 Good Faith Effort program,
Deltate� Engineering fo assign 15% of total fee �o the Minority firm pf HB5 Engineering,
HBS Engin�ering will provide Auta CAD services and ass'rst Deltatel� Engineering in on-
site observation during renovation.
Part 4.0 Project cost prapasal
�esign �hase
1. Cleaning
2. Qacuments
Total Compensation:
�onstruciian Phas�
Construcfiion Services
Total compensation:
$ 9,500.�0
$18,450.�0
$27,950.OQ
$ 7,d5D.00
$35,000.00
�ifiachmenfi "A,�
Part 1.0
General Scope of Services for
Design and Construction Management af
Existing Digester at the Village Creek Was#ewafer Trea#ment Plant
Reno�ation Documents
�.01 Deltatek Engineering sha�l prepare reno�ation contract documents in accordance with
the City of Fort Worth requirements as outlined reques# for Proposals for the re'ferenced
project. The scope ofi services shafl include plans and specification for Design of
Exisfing Digester af ihe Village Creek Vllastewater Treatment Plant. Deltatek
Engineering shall provide construction managemer�t seruices for this project. The scope
of worlc shall include but nat limited to #he following:
1.
2.
Part 2. Q
Pro�isions for repair and r�habilitation of digester roof.
Roof mounting brackets repair.
Construcfion services
2.01. Deltafel� Engineering shalf make periadic visits during renavation of fhis facility. The
senrices shall incEude on site observation during renovation to ensure compliance with
the reno�ation documents.
Part 3.0 MWBE Compliance
3.� Incompliance with the City of For� Worth Ordinance 11923 Good Faith Effort program,
Delfiatek Engineering to assign 15% of tota[ fee to the Minority firm pf HBS Engineering,
HBS Engineering will prauide Auto CAD services and assist Deltatek Engineering in on-
sifie ol�servation during reno�ation.
Par� 4.0 Project cost proposal
Ciesign �hase
1. Cleaning
2. Documents
Totai Compensation:
Con�fi�uciion �hase
Construction Services
Total compensation:
$ 9,500.00
$18,450.OQ
$27,95Q.OQ
$ 7,0�0.00
$35,000.00
�TTACbI�I�iVT "�"
Compensaicion
I. �RO���SIOiVQ►L I�iVC�1N��FZIiVC SERVIC��
For all profiessional engineering services included in ATTACHMENT "A", Sections I, of the
General Scope of Services, the City agre�s #o pay the Engineer a lump sum of
$27,950.Q0
ll. COh1SiRUCil�f� SEFil�IC�S
For all professional engineering services included in ATTACHMENT "A", Sections II, of the
General Scope of Services, the Ci#y agrees to pay the Engineer a lump sum of
�7,o5o.ao.
ii. ��srs Fo� c�n����s�-r�oN
The City shall compensate the Engineer for the various items listed abave on either a lump
sum basis or reimbursable basis.
The Engineer shall �e paid monthly based on statem�nts submitted to the City for work
accomplished during the preceding month. Monthly Statement for lump sump services will
be based upon a reasonable estimaiion of percent complete.
Monthly S�atement for reimbursable services will be based upon time directly chargeable to
fihe project by #he various types of individuals employec� by the Engineer in accordance with
the ra#e schedule in effect at �h� time of the services. Engineer may revise the rate
schedule on January 1 of each year. The year 2ad0 rate sched�le is attached.
Manthly statements for reimbursable services performed by sub consultants will be based
upon the actual cost to the Engineer plus fifteen p�rcent (15%).
Actual out-of-pocf�ef expenses for services assaciated wi#h paragraph 11 above that are
incurred during fihe progress ofi the praject will be eompensated by the City at the
Engineer's cost plus fifteen percent (15°/a). These may include air fare, automobile rental,
mileage charges, parking, tofl, taxis, meal, Iodging, telephone, printing, reproduction and
otl�er direct cost incurred specially for this praject. For services associafed w��h paragraph
II abo�e, misceflaneaus direcf exp�nses sueh as photo eopies, tra�el less than 100 miEes
round trip, etc shall be accounted for and compensated at six and one quarter percent (6-
114%) of the actual hour[y bilfing rate of #he Engineer's employess on the project.
Af��ehmen� ��Cs'
� �-.
Notice to Proceed to Delfatek Engirteering
Plan and Specifiicafion
City Re�iew
Final Design Services
Cifiy Review
Advertise, Bid, and Award
Consfrucfion Phase Services
Calendar �ays *
84
10
14
10
60
90
* Cafendar Days are �nclusive and commence with a Notice To Proceed, City approvaf of one
phase and direction to proeeed with subsequent pi�ase, or submission of appropriate
"deli�erables".
We will �ndeavor to meef the City of Fort VVorth's scheduling needs by having bid-ready
docume�ts completed for advertising by No�ember 4, 2a02. The abo�e calendar day
schedule and Deltatek Engineering ability to meet this goal is based on receiving a nofice ta
proceed from the Ci#y by Ju1y 1�, 2002.
�elf�t�� �nginee�ir�g
RATE SCHEDULE
(HOIJRLY RATE)
Principal $'I 65 to $9 95
Senior Professional $135 to $155
Professianal 21 Registered Professional $70 to $12a
Professional 1 Professional I
Designer
CADD Operator
Support SfiafF
Technician
Party Chief
Instrument Man
Rodman
$65 to $95
$�00 to $1�5
$7� io $90
$45 fo $60
$50 fo $1 a0
$60 to $7D
$5� io $6D
$45 �o $50
Effecfive as afApril �, 2000
C'ity a, f'�'o�t Wo�ih, Texas
1�1�yor ��� CounciC Cor�mur�ic��io�
DATE REF�RENC� NUMBER LOG NAME PAG�
5128102 *'*�o� �1 �� 60DELT �f of �
5UBJECT ENGfNEER1NG AGREEME T WITH DEL.�`ATF�C ��l�YN ERING FOR DESIGN AND
C�NSTRUCTION MANAGEMENT OF THE EXISTWG DIGESTER AT THE VILLAGE
CREEK WASTEWATER TREATMENT PLANT
RECOMMENDATION:
It is recommended that the City Council authorize the Ci#y Manager to axecute an engihe�ring
agreemen# with Deltatek Engineering for design and construciion management vf the existing digester
No. 13 at the Vi![age Creek Wastewater Treatment Pfant for a cost not to exceed $35,fl00.
D15CU5SION:
The cover of t1�e exisiing dig�ster No. 13 at the Village Creek Vllastewater Treatment Plant was rece�tly
damaged d�e to excessive pressura buildup within the unit. Deltatek Engir�e�ring will pre�are
construction documents for the necessary repairs and manage the consiructian p�ase of the required
work. Digeste� No. 13 is ouf of service until the repairs are made.
Deltatefc Engineering is in compliance with ff�e City's MIWBE Qrdinance by committing to 15% MIWBE
pariicipation. The City's goal on this pro�ecf is 15°/a. .
FISCAL 1NFORMATIONICERTfFICATION:
The Finance Director certifies that fun�s are a�aiiabf� in t�e current capital budget, as apprapriated, af
fhe 5ewer Commercial Paper Fund. �
BG:k
Suhmitted far Gity Manager's
Office by: '
Bridgette C�arrettlActing
Originateng I)epartment Head:
Dale Fisseier
Additianal Information ContacE:
Dale Fisselex
I FUND
I (ta)
�
U140
�
8207 ! (from)
P172
8207
ACCOUNT I CENTER � AMOUNT CITY SECRETARY
�
APPROVED 05/28/42
531200 Q70172301010 $35,p40.00