HomeMy WebLinkAboutContract 27563, �
CIiY S��[��Y�ORY
CONTRACT N� . ����
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Sani��r�,r �e��r Main 40�
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Fort Worth rlVater Deparime�t
Project Mo, . ` -
P I�I- o�o t��l s��aozp
Severn Trenf Pipefine Services
92021 Plano Road, Suite 130
Dall�s, Texas ���43
sao-�7�-o��s
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Temporarry �lorn� IVlon�fio�ing
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�ani��ry �er�e� I�lain 402
�ig Fossil Creek Parallel Reli�f
�'ort V9fort� 1�Vater �epartment
Project No. :
Pi��-o�u ��-�s�n�z.t�
This AGREEMENT is between the City af For� Worth {the "CITY"), and Se�ern Trent
Pipeline Services, Inc., (the "ENGINEER"), for a PROJECT gene�ally described as: Temporary
Sanitary Sewer Flow Monitoring for the Big Fossil Parallel Re[ief 5ewer Design.
Article 1
Scope of Services
A. The Scope of S�rvices is set forkY� in Attachm�nt A.
Article ll
Compensation
A. The ENGINE�R's campensation �s set for�h in Attachment B.
Ar��cle III
`�erms of Payrnent
Paymen�s fo the ENGINEER will be made as follows:
i4, Invaice artd Paymen#
(1) The Er�gineer shall pravide the City suf€icient dacumentation to reasonabfy
subsfantiate the invoices.
(2) Monthfy in�oices wilf be issued by the ENGIN�ER for all work perFormed
under this AGRE�MENT. Invoices are due and payable within 3fl days of
receip#.
(3) Upon completion af seruices enum�rated in Article I, the fiinal payment of
any bala�ce will b� du� wi�hin 30 days of receipt of the final in�aice.
(4) ln the e�ent of a disputed or contes�ed billing, only that portion sa
cantested wilE be withheld from payment, and the undisputed partion will �e
paid. The C1TY will exercise reasonableness in contesting any bill or
portion thereof. No interest will accrue on any contested poriion of the
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billing until mutuafly resolved.
(5) If the CITY fails to make payment in full to ENG[NEER for billings contested
in goad faith within 60 days of the amount due, the ENGINEER may, after
giving seven (7) days' written notic� to GTY, suspend services under this
AGREEMENT until paid in full, including �nterest. In the event of
suspensian of services, the ENGINEER sha11 have no liability to GITY for
delays ar damages cau�ed the CITY because of such suspension of
services.
Article [V
Olaligations of the �ngineer
Amendments to A�ticle IV, if any, are incl�ded in Attachment C.
A. Genera{
The ENGWEER wilf serve as the CITY's professional engineer�ng representative
under this Agreem�nt, providing professional engineering consuffation and ad�ice
and furnishing customary servic�s �ncidental thereto.
�. Standard of Care
The standard of care applicabie to the ENGINEER's services will be the degree of
skill and diligence normally �mployed in the State of Texas by professional
engineers or consultants perForming th� same or similar services at the tim� such
services are perfarmed.
C. Subsurface Investigatians
(1) The ENGIN�ER shall adW�se the CiTY with �ega�d to the necessity for
subcontract work such as special SUCVEyS, fiests, test f�orings, or other
subsurFace investigations in cannection with design and engin���ing work
to be performed hereunder. The ENGINEER shall also ad�ise #he CITY
concerning the results of same. Such surveys, tests, and in��stigations
shall be furnjshed by the CITY, unless atherwi�e sp�cified in Attachment A,
(2} In soils, foundation, groundwater, and other subsurFace inves#igations, the
actual characteristics may vary significantly b�tween successive test points
and sample intervals and at locations oi��r than where abservafiions,
exploratian, and investigations have been made. Because of the inherent
uncertainties in subsurfac� evaluations, changed or unanticipated
underground conditions may aecur that could affect fhe total PROJECT
cost andlor execution. These eonditions and costlexecution effec�s are not
the respansibility of the ENGINEER.
9. Preparataon a� Engineering Drawings
The ENGINEER will provide to the CITY the original drawings af all p[ans in ink on
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reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become #he property of th� CITY. ClTY may use such drawings in any manner it
desires; pra�ided, how�v�r, tha# the ENGINEER shalf not be liab[e for the use of
such drawings for any �roject other than the PR�JECT described herein.
��
E. �ngineer's Personnel at Consiruciian 5ite
(1} The presence or dt�ties of the ENGINEER's p�rsonne[ at a constructian
site, whether as on-site representatives or atherwise, do r�ot make the
ENGINEER or its persannel i� any way responsible for those duties that
belong to the CITY andlor the CITY's construction contracfiars or other
entities, and do nat relieve the construction contractors or any other entity
of their obligations, duties, and responsibilities, including, but not iimited to,
all construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the cor�struction
work in accardance with ihe Contract Dacuments and ar�y health or safety
�recautions required hy such construetion work. The ENGINEER and its
personnel have na authority to exercise any control o�er any construcf�on
confractor or other entity or their employees in connection with their wark or
any health or safety precautions.
(2) Exce�t to the extent of specific site visits expressly detailed and set forth in
Attachment A, the �NGINEER or its personnel shall have no of�ligation ar
responsibility to visit the construction site to hecome familiar with the
progress or quality of the campleted work on the PR�JECT or to
de#ermine, in gene�-al, if ihe work on th� PROJECT is being perfarmed in a
manner indicating that the PR�JECT, when completed, will be in
accordance with the Contract Dacuments, nor shall anything in the
Contract Docu�nents or the agreemenf between CITY and ENGINEER be
constru�d as requiring EIVGiNEER to mafce exhaustive or continuous on-
site inspections to discover latent defects in the work or otherwise check
the qua{ity or quanfity of the work an the PROJECT. If, for any reason, the
ENGINEER sho�ld make an on-site obs�rvation�s), an the basis of such
on-site observatians, if any, the ENGINEER shail �ndeavor to keep the
CITY informed of any deviation from the Contract Documents coming to the
actual notice of ENGIN�ER regarding the PROJECT.
{3) When praf�ssional certification of perFarmance or characteristics of
materials, systems or eguipmenf is reasanat�ly required to perForm the
services set #orth in the Scope af Services, the ENGINEER shap !ae entitled
to rely upon such cerkification to establish materiafs, systems or equipment
and performance criteria to be required in the Cantract Documents.
�. Opinions of Probable Cost, F'inancial Gonsiderations, and Schedules
(1) The ENGINEER shall provide opinions of probabfe costs based on the
current available information at the time of preparation, in accardance with
Attachment A.
(2} ln pro�iding opinions of cost, financial analyses, economic feasibility
�rojections, and schedules for the PROJECT, the ENGINEER has no
contro{ over cast or price of labar and materials; unknawn ar latent
conditions of existing equipment or structures that may affect operation or
maintenanc�e costs; campetiti�e bidding procedures and market canditions;
time or qualify of performance by� third parties; quality, type, management,
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ar direction of operating personnel; and o#her economic and operationaf
factors that may materially affect the ultimate PRO�ECT cosf ar schedule.
Therefore, the ENGIN�ER makes no warranty that the CITY's actual
PROJECT costs, �nancial aspects, economic feasibElity, ar schecfules will
not vary from the ENGINEER's apinions, analyses, pro}ections, or
estimates.
G.
H.
[�
J.
Canstruction Progress Payments
Recommer�dations by the �NGINEER to the CITY for periodic constructian
pragress payments to the construction cantractor will be based on the
ENGINEER's knawledge, information, and belief from selective sampling and
Qbservation khat the work has progressed to the point indicated. Such
recammendations do not represent that continuous or detailed examinations ha�e
been made by the ENGINEER to ascertain that the construc#ion cantractor has
comp[eted the work in exact accordance with the Contract Documents; that the
final work vtirill �e acceptable in all respects; that �he �NG�NEER has made an
�xaminatian to ascertain how or for �rhai purpose the construction cantractor has
usec[ fihe moneys paid; that tifle to any of the wark, materials, or equipment has
passed #o the CITY free and cfear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CfTY and
the cans�ruction contractor that af€ect the amount that sho�ld be paid.
Record Drawings
Record drawir�gs, if req�ired, wi11 be pr�pared, in part, nn the basis af information
compiled and furnished by others, ancl may not afways represent the exact
location, type af �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 that is incorporated into the record drawit�gs.
�linority and Woman Business �nferprise (�flll!lVV��) participatiQn
In accord with City of Fort Worth �rc�inanc� No. 11923, as amended by Ordinance
13471, the City has goals for the participation of minoriiy business enterprises and
woman business enterprises in City contracts. Engineer acEcnowiedges the MIWBE
gaal established for this contract and i#s commitment to meet that goal. Any
misrepresentation of facts {other than a n�gligent misrepresentatian) andlor the
commission of fraud by the Engineer may resuli in the termination of this
agreement and debarment from participating in City contracts far a period of t9me
of not less than three (3} years.
Right fo Audit
{1) ENGINEER agrees that the CITY shall, until the expiration ofi three (3}
years after fina� payment under this contract, have access io and ti�e right
to examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall ha�e access during
narmal working hours to all necessary ENGINEER facilities and shall be
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provided adequate and appropriate work space in o�der to conduct audits
in compliance with the pravisians of this section, The CITY sha[I give
ENGINEER reasona�le advance notice af intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
heraunder a provision #o the effect that the subcansultant agrees that the
CITY shall, until the expiration af three (3} years after final paymer�t under
the su�eontract, have access to and the right to examine and photocopy
any directly pertinent baoks, documents, papers and recards of such
subconsultant, involving transac#ians ta the subcontract, and furiher, that
the C1TY shall have access during normal working hours ta afl
subconsultant facilities, ar�d s�all be provided adequate and apprapriate
wor}c space, in order to conduct audits in campliance with the provisions of
tl�is article together with su�sectian (3}hereof. CITY shall give
subconsultant reasanabfe advance natice of intended audits.
(3) ENG[NEER and subconsultant agree ta photo capy such dacuments as
may be requested by the C1TY. The CITY agrees to reimburse
ENGIN�ER for the cost of copies at the rate publisned i� the T�xas
Administrative Code in effect as of the time copying is perform�d.
K. �NGRNEER's Insurance
(1) Insurance coverage and fimits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum 1im9ts which are to !�e in �ffect prior
ta commencement of work on the PROJECT:
Commercial General Liability
$9,000,000 each occurrence
$1,Q00,000 aggregate
Automobile Liability
$�,000,000 each accident (ar reasonably equivalent limits of coverage if writt�n on
a split limits basis). Coverag� shall be on any �ehicle used in the course af the
PROJECT.
Worker's Compensation
Co�erage A: sta#utory limits
Co�rerage B: $100,000 each accident
$500,D04 diseas� - policy limit
$100,000 diseasP - each employee
Professional Liability
$1,flpQ,D00 each ciaimlannual aggregate
{2) Certificates af insurance evfdencing that the ENGINEER has obtained all
required insurance shafl be delivered to the CiTY prior to ENGINEER
proceeding with the PROJECT.
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(a) Applicahle policies shall be endorsed to name the CfTY an
Additional [nsured thereon, as its interests may appear. The term
CITY shall include its employ�es, officers, ofFicials, agents, and
�olunteers as respects the eontract�d services.
(�} Certificate(s} of insurance shall dacument tl�a# insurance coverages
specified according to items section K.(�) and K.(2) o# this
agreement are provided under applicable policies documented
thereon.
(c) Any failure on
�ocumentatian
reguirements.
part of the CITY #o request required insurance
shall nof constitute a wai�er of the insurance
{d) A minimum of thirty (30) days r�otice of cancellatian, non-renewal or
material cnang� in caverage shall be pro�ided fo the CITY. A ten
(10) days no#ice shall be accaptable in the ev�nt of non-paym�n# of
premium. Such terms shal{ be �ndarsed onto ENGINEER's
insurance policies. Notice shal! be sent to the respective
Department Director (by nam�), City of Fort Worth, 1004
Throckmortan, Fort Workh, Texas 76102.
{e} Insurers for al1 policies must be authorized to do business in the
s�ate of Texas or be otherwise approved by th� CITY; and, such
insurers shall be accepta�le to the CITY in t�rrns af their financial
strength and sal�ency.
(fl Deductible limits, or self insured retentions, affecting insurance
required herein may be accep#able to the CITY at its sole discr�tion;
a�d, in lieu of traditional insurance, any alternative co�erag�
maintained through �nsurance poo�s or risk retention gro�ps must
�e also approvec[. Dedicated financial resaurces or letters of credit
may also be acceptable to the City.
(g) Applicable palicies shall each be endorsed with a wai�er of
subrogation in favor of the CITY as respects fhe PROJECT.
(h) The Ciiy shall be entitled, upon its request anc� without incurring
expense, to review the ENGfNEER's insurance policies including
endorsements #hereta and, at the CITY's discretion, the ENG[NEER
may be required ta provide proof af insurance pr�mium payments.
(I) The Commercial General Liability insurance policy shall have no
exclusians !�y endorsements unless such are appro�ed by the
CITY.
(j} The Professional Liability insurance poficy, if written on a elaims
made basis sha11 be maintained by fhe ENGINEER for a minimum
two {2} year period subsequent to the term of the respective
:
PROJECT contract with the C1TY unless such caverage is provided
the ENGINEER on an occurrence basis.
{k) The C1TY shall not be respansible for fhe direct payment af any
insurance premiums required by this agreement. It is understood
that insurance cost is an allowalal� cornponent of ENGlNEER's
overhead.
(I} All insurance required in section K., except fior fihe Prafiessiflnal
Liability inst�rance �licy, sha{I be written on an accurrence basis in
order ta be approved by the CITY.
(m} Subconsultants ta the �NGINEER shall be rec{uired by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required far the ENGINEER. When
insurance co�era�e is maintained by subconsultants, ENGINEER
shall pro�ide CITY with documentation tl�ereof an a certificate of
insurance. Noiw�thstanding anything to ihe contrary cantained
herein, in the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of fhe Agreement.
L. Independent Cansultant
The ENGINEER agrees to perForm all services as an independe�t consultant and
not as a subcontractar, agent, or employee of th� CITY.
11�, C3isclosure
The ENGINEER acknowledges to �he CITY that it has made full disclosure in
writing af any existing conf[icts of interest or potantial conflicts of interes�, incfuding
persana{ financial inierest, d�rect or in�irect, in property abutting the proposed
i'ROJECT and business relationships with abutting property cities. The
ENGINEER further ack�owledges that if will make disclosure in writing af any
canflicts of int�rest which develop subsequent to the signing of this contract and
prior ta fina{ payment under the contract.
N. Asbestos or Hazardous Substances
('{) If asbestos or hazardous substanceS in any form are encountered c�r
suspected, the ENG[NEER will stop ifs awn wark in the aff�cted partions of
the PROJECT to permi� testing and evaltaation.
(2) If asbestos or other hazardous subs#ances are suspected, the ENGINEER
wi11, if requested, assist the CITY in obtaini�g the services of a qualifed
subcontractor to manage #he remediation activities of t�e PRO.IECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes sa as to comply wi#Y� pubiished
�
design criteria andlar current engineering practice standards which the ENGINEER
shou[d have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as requirecl, at its own cast and
expense. However, if design changes are required due to the c�anges in the
permitting authorities' published design criteria andlor practice standards criferia
which are published after fhe date of this Agreement which the ENGINEER could
not have be�n reasanably aware of, the ENGINEER shali notify the CITY of such
changes and an adjustment in compensatian wil{ be made ihrough an amendment
to this AGREEMENT.
Article V
�bliga#ions of the City
Amendments to Article V, if any, are included ir� Attachment C.
A. CityP�'urnished Data
The CITY will make avai�able ta the �NGINEER all technicai data in th� ClTY's
�ossession relating to the ENGWEER's se�-vices on the PROJECT. The
ENGIN��R may rely upQn the accuracy, timeliness, and completeness of the
intormatian provided by the CITY.
B. Access to Faciliti�s and Property
The CITY wi11 make its facilities accessib{e to the ENGINEER as required for the
ENG�NEER`s perFormance of its serv�ces and will pro�ide fabor and saf�ty
equipmenf as required by the ENGWEER for such access. The CITY wifl perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's s�rvices. The CITY wil! be responsibfe for all acts of the CITY's
personnel.
C. Ad�erY�sements, Permits, and Access
Un{ess otherwise agreed to in the Scope of Services, the C1TY wiil obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local,
state, or federal authorities; and land, easements, rights-af-way, and acc�ss
necessary for the ENGINEER's services or f'R�JECT construcfion.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditar, bond and financial advisors, and other
consultants as the CITY deems appropriafe; and render in writing decisions
required by the CITY �n a timely mannar in accordance with the project schedule in
Attachment D.
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�. Prompf Notice
T�� CITY will give prompt wriiten notice to the ENGINEER whenever CITY
observes or b�cames aware of any developmer�t that affects the scnpe ar timing of
the ENGINEER's services or of any defect in the work of the �NGiNEER or
constructian contractors.
�. Asbestos or Haaardous Substances and Indemni�cation
{1) To the maximum exter�t permitted by law, the CITY will indemnify and
release ENGINEER and its officers, employees, and subcontractors #rom
all claims, damages, losses, and costs, including, but nat limited to,
attarney's fees and litigation expenses arising out of ar relating tv the
presence, discharge, release, ar escape of hazardous substances,
cantaminants, or asfnestos on or from the PRQJECT. Nothing contained
h�rein shall be construed #o require the CITY ta levy, assess or coll�ct any
tax to fund this indemnification.
(2) The ind�mnification and release required abaue shall not apply in the e��nt
the discharge, re{ease or escape af hazardaus substances, contaminants,
or as�estos is a result of ENGIN��R'S negligence or if such hazardous
substance, contaminant or asbestos is brought anto the PROJECT by
ENGINEER.
C. Cantractor Indemnification and Claims
The CITY agrees to include i� all construction contracts the provisions of Article
IV.E. regarding the ENGIN�ER's Personnel at Construction Site, and prouisians
prouiding contract�r indemnifiica#ion of the CITY and the ENGINEER for
contractor's negligence.
W. Contractor Claims and Third�Party Beneficiaries
(1) The CITY agress to include the following clause in all cantrac#s with
cons�ruc#ior� contractors and equipment or materials supp{iers:
"Cantractors, subcontractors and equipment and materials
su�pliers an the PROJECT, ar their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for ar�y claim arising ou� of, in connection with, or
resulting from the engineering services perfarmed. Only th� ClTY
will be th� ben�ficiary of ar�y undertaking by the ENGlNEER."
(2) Tfi�is AGREEMENT gives no rights or benefits to anyone other than the
CfTY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreem�n� it enters into with any ather entity
or person regarding the PR4JECT a provision that such entity ar person
shall have no fhird-party beneficiary rights under fhis Agreement.
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(�4} Nothing contained in this sectian V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
L CiYY's Irisurance
('{) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2} The CITY will ens�re that Bui4ders Riskllnstalla#ion insurance is maintainecf
at the replacement cost value af the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documen#ation of such on a certificate
of insurance.
(3} The CITY will speeify that the Builders Riskllnstallation insurance shall be
comprei�ensive in coverage appropriate to the PR�JECT risks.
J. Litigation Assistance
The 5cope of Services daes nof include costs af the ENGiNEER for requirecf or
requested assistance to suppart, prepare, document, bring, de#end, ar assist in
litigation underkaken or defended by the CITY. In the even� ClTY requests such
se►vices of the ENGINEER, this AGREEMENT shalf be amended or a separate
agreement �vil1 be negotiated be#ween the parties.
K. Changes
The CITY may make or approve chang�s within �he general Scope af Services in
this AGRE�MENT. lf such changes affect fhe ENGINEER`s cost of ar time
required far performance of tne services, an equitable adjustment will be made
through an amendment #o fhis AGREEMENT with apprapriate CITY appraval.
Article VI
General Legal Pro�isions
Amendments to Article VI, if any, are included in Attachmer�t C.
A. Aut�torizatian to Proceed
ENGWEER �i�all b� authorized to proceed with this AGREEMENT upon receipt af
a►rvritten Notice to Proceed from the CITY.
�. Reuse af Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic farm, are instruments of service
for this PROJ�CT, whether the PROJECT is cornpleted or not. Reuse, change, or
alteratian by the CITY or by others acting thraugh or an behalfi ofi the ClTY of any
such instruments af service without the written permission of tha ENGINE�R will
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�e at k1�e CITY's sole risk. Th� final designs, drawir�gs, specifications anc!
documents shail be owned by the CITY.
C.
�
�arce Majeu�e
TF�e ENGWEER is not
by acts of God, strikes,
the ENGINEER.
iermina#ian
responsible for damages or delay in perFormance caused
lackauts, accidents, or other evenis b�yonc� the control of
(1) This AGREEMENT may be terminated only by the City for con�enience on
30 �ays' written notice. This AGREEMENT may be terminated by eith�r the
CITY ar the ENGIN��R far causs if eitner party fails substantial{y to
perForm through no fault of the other and does not commence correction of
such nonper�ormance with ��e (5) days of written notiee and diligently
complete the correction thereaFter.
(2) If this AGR�EMENT is terminated for the convenience of the City, the
ENGIN��R will be paid for terminatian expenses as follows:
a} Cost of reproduction of partial or complete studies, plans,
specificatians or o�her forms of ENGINEER'S work pracEuct;
ia) Out-af-packet expenses
microfilm, electronic data
servEces;
for purchasing storage containers,
files, and other data starage supplies ar
c) The time req�irements for the ENGINEER'S personnel ta dacumenf
the wark underway at the time #�e C[TY'S terminatior� far
convenience sa that the wor�c effort is suitable for long fime sfarage.
�.
(3) Prior to proceeding with termination services, the ENGINEER will �ubmit
to the CITY an item�zed statement of all t�rmination expenses. The C1TY'S
approval will be obtained in writing prior to proceeding with termination
S@I"VIC25.
Suspension, Delay, ar Interrupiion to 1lVorl�
The CITY may suspend, delay, or interrupt the services af t�e ENGINEER far the
con�eni�nce of the CITY. ln the event of such suspension, delay, or interruption,
an equitable adjustment in ii�e PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be mar�e.
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�. Indemnification
{1) The ENGINEER agrees to indemnify and defend ihe CITY from any loss,
cos#, or exp�nse claimed by third parties for property damage and bodi{y
injury, including death, caused salely by the negiigence or wil[ful
misconduct of the ENGINEER, its empfayees, officers, and sUbcontractors
in connection with the PRO.IECT.
{2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified abo�e fior whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared �e�ween fhe
ENGINEER and the CITY in proporkion to their relative degrees af
negligence or willful misconduct as determined pursuani to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 9996).
�. Assi�nment
Neither pa�ty will assign all or any part af this AGREEMENT withou# the prior
written cansent af khe oth�r party.
H. Interpretation
Limitations on liability and indemnities in #his AGREEMENT are business
understandings between the parties and shalf apply to all the different theories of
recovery, including breach of cantract or warrar�ty, tort including neg[igence, strict
or statutory liability, or any other cause of action, except far willful misconduct ar
gross negligence for ]imitations of liability and sake negligence for indemnification.
Parties means the CITY and the ENGINEER, and the�r officers, employees,
agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims rela#ed to it. The vanue for
any litigation refated #o this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other maiters in question be�ween the CITY and
EEVGINEER arising out of, or in connection with this Agreement or the
PRO.l�CT, or any breach of any abliga#ion ar duty of CITY ar ENGINEER
hereunder, will be submit#ed to mediation. If inediation is unsuccessful, the
claim, dispute or other matter in c{uestion shalf be submitteci ta arbitration if
bath parties actir�g reasonably agree that the amount of the dispute is likely
ta be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbit�-ation Associatian or other app�icable rules of
the Association then in effec#. Any award re�dered by the arbitrators less
than $50,D00, exclusive af attorney's fees, costs and expenses, will be
final, judgment may be entered thereon in any court having jurisdiction, and
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will not b� subject to appeai or mocfification except to the extent permitted
by Sections 10 and 1'f of the Federal Arbitration Act (9 U.S.C. Sections 10
and 11).
(2) Any award greater than $50,000, exclusive af a�torney's fees, costs and
expenses, may be litigated by either party on a de novo bas�s. The award
shall laecome final ninety (90} days from the date same is issued. If
litigation is filed iay either party w�thin said nine�y (9Q) day period, the award
sha11 �ecom� null and void and shall no# be used by either party far any
purpose in t�e litigation.
K. Se�erability and Survi�al
If any of the provisions contained in this AGREE�IENT are held for any reasan to
be inva[id, illegal, or uner�forceable in any respect, such invalidity, illegality, or
unenforceability will not affect any ather provision, and this AGREEMENT st�all be
construed as if such invalid, illegal, or unenforceable pro�ision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., ar�d VI.J. shall survive
termination of tnis AGREEMENT #or any cause.
�. Observe and Camply
ENGINEER shall ai atl #imes abserve and comply with all federal and State laws
anc� regulations and with all City ordinances and regulations which in any way
affeci this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies ha�ing jurisdiction ar autharity for such
enactmenf. Na plea of misunderstanding or ignarance thereof shall be considered.
ENGINEER agrees to defend, indemnify and hold harmless CITY and �II of its
officers, agents and emplayees from and against all ciaims or liabi[ity arising out of
the violation of any such arder, law, ordinance, or regulation, vuhether �t be k�y itself
or ifs employees.
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Ar�icle VII
Atgachments, 5chedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral unders#andings, and may only be changed by a
written amendment executed by both parties. The following attachments and schedules are
hereby made a part of this AGREEMENT:
Att�chment A- Scope of Services
Attachment B - Compensation
Attachment C- Amendments to Standard Agreement for Engineering Services
ATTEST:
r� , l "�.
�. _ _ � _
�loria Pear�on
Cify 5ecretary
%�ln . ��%t-C .�l�t� r�d
Contrsct Au��+ori�.��ion
l�ate
APPROVED AS TD F'QRM
AND LEGALITY
CiTY OF FORT WORTH
` ` �
= '1_ % . { .►.. ' � �
Assistant City Manager
APPROV D �
i
Dale �ssel�r, P.E.
Director, Water Department
�
Severn Tren# Services, Inc.
�NGINEER
�� B : -�- ..�
y --
Assistant C�y Attorney Jame or ,Jr., �P.E.
Vice-President
�16� ' U�1���G��`i�'�����°�
���1'(r ��t���M1ne�
�iti 9��f�}�It� _
ATTACHMENT "A"
General SCope of Services
"5cope of 5ervrces set forth herein can only be madified by addifions, clarrficaiians, and/ar
deletions set forfh in fhe supplemer7fal Scope of S�rvices. In cases of conflicf between the
Supplemental 5cope af Services and ihe General Scape of 5ervices, fhe Supplemental Scope of
Services shall have precedence over the General Scope of 5ervices. "
C�N�R��
1} Preliminary Conferenee with City
The En�ineer shall attend prelimin�ry conferences with author[zec� representatives of the
Cify regarding the scope of praject so that the plans and specifications which are fio be
de�eloped hereunder by the Engineer will result in pro�iding facilit�es which are
economical in design and canforrn to the City's requirements and budge#ary constrain#s.
2) Coordination with Outside AgencieslPublic Entities
The Engineer shall coordinate with afficia[s ofi other autside agencies as may be
necessary for the design of khe proposed street, and starm drain ancE/or water and
wastewater facilitieslimprovements. lt shall be the Engineer's duty h�reunder to secure
necessary information from such outside agencies, to meet th�ir r�quirements.
3} Geotechnical ln�estigations
n�
4) Agreements and Permits
I�1_1
5) Design Changes Relaiing to Permitting Authorities
NA
�} Repor# 5�bmittal
Copies of the ariginal report shall be provided ta the Water D��aartment and shall became
the property of the City. Cify may use such report in any manner it desires; provided,
however that the Engineer shall not be liabie for the us� of such reporE for any project
other than the project described herein; and further pravided, that the Engineer shall nai
be [ia�le for the consequences of any chang�s that are made ta the report or changes that
are made in the implementation of the repor� withou# the written approval of the Engin�er.
7) Rightdof Way, Easement and Land Acquisition Needs
NA
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8} Design Survey
NA
9} Utility Coordination
The Engineer shall coardinate with all utilities, including utiliiies owned by the City, as to
any proposed utility liens or adjustment to existing utility lines within the project limits. The
infarmation obtained shall be shown �n the canceptual plans. The Engineer sha11 shaw an
the �reliminary and final plans ti�e ]ocation of the proposed utili#y [ines, exisfing utility lines,
based on the information provided by the utility, and any ac�justmen#s andlor relocation of
the existing lines within the project limits. The Engineer shall also evaluate the phasing of
the water, wasiewat�r, street and drainage work, and shall submit s�ch evaluation in
writing fo the City as part of this phase of the project.
10} Conceptual Pfans
�.
11) Report Data
The Er�gineer shall provide in the report recard�d flows, rainfall, infiltrationlinflow, and
other data specified in the attached �etailed Scope Of Wark.
'f2} �refiminary Construction Plans and 7echnical Sp�cifications
NA
13) �inal Construction Plans
NA
1�) �eta`rled Cost �stimate
NA
95) �lans and 5pecificafion Appraval
NA
16) �ina! /�ppro�ed Constructian P[ans
NA
17} �idding Assi�tance
NA
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18) Recommendation of Award
NA
19) Prebicf Conference
NA
20} Preconstruction Conference
NA
21) Construction SurWey
NA
22} Site Visi�s
NA
23) Shop �rawing F�eview
NA
24} Instructions to Cantractor
NA
25) Diff�ring Site Conditions
NA
26) Record �rawings
NA
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���AIL�C� SC�P� �F II���K
�emporary F'low Rllonitoring
�or
Sanitary Sewer Main 40�
�ig �ossil Cre�k Parallel R�lie�
Fort Vllorth �ilater D�partmer�ti
PROJECT NQ. .
Pi�-�-o�v ��I ��1�02.0
TAs�c 100 MOBILIZATIONIMETER PREPARA710N
Mobilize project team and coordinat� startup with City of Fort Worth Water Departmen�.
Esfab{ish personnel assignments and responsibilities. Inventory equipment needs and order
expencfable supplies. The temporary fbv�+ meters will be tested and mounting bands �repared.
Meet wEth City of �art Worth Water Department staff at kick-off mee#ing to establish lines of
communication, cantract requirements, schedu{e, and reporiing requirements.
Ta Be Provided by Gity of Forf Worth Water Department:
1, Meeting room for kick-off ineeting
Deliverable:
1. Project Kick-off ineeting minutes and schedule
2. Delivery of equipment includir�g iemporary flow meters and rainfall gauges
Measurement of Paymenf - Payment for this work task shall be a lump sum. Mobilization will be
billed in th� first monthly billing.
TASK 200 REVIEW EXISTIi�G PROJECT INFORMATION
Consuftant will re�iew all rele�ant existing materials, reports, etc. developed for or by the City af
Fort Worth concerning this praject, including, but not limited to, the fallowing:
Sewer Maps (electronic if a�ailable)
To Be Provid�d by City of For� Worth Water Departmei�f:
Copies of all applicable reparts and historical data for the study area at no cost to
CONSULTANT
2. Map of sevuer mains (electronic format if available}
Deliverables;
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9. Inclusian in final report of findings from this work task
Measurement ofi Payment:
Payrnent far this work task shalf be lump sum. lt is anticipated that review of ihe abave
materials will be essentially complete within 10 days of receipt of the materials by Consultant.
TASK 300 TEMPORARY FLOW M�TERING
A review af the City of Fort Worth Water Department study area maps will determine the
geomefry far preliminary placement af flow meters. Initial review indicates that three (3)
te►nporary flow m�f�rs will be utilized to estabfish wastewater flaws. �ield crews will perform
initial field insp�ct�ons to finalize the proposed flow meter sites. Pipe sizes wilf be confirmed,
debris depth measured, flow hydraulics reviewed, and accessibility evaluated prior to finalizing
the sites.
�law metering equipment {Sigma AreaNelocity) will �e capable of recording flow under
surcharged conditions and will be synchronized ta the same clock usec� for rain gauges. Flow
meiering shall be conducted simultaneously with rain manitoring far at Eeast 60 consecuti�e
days. Tf�e following schedule for mor�itoring is based on lacal historical rainfa[I:
�1e,e4. I�pr��
Monitoring Period: rab� u�;� —� znaz 60 days continuaus monitoring
lnformation ol�tained during the manitoring periods will be used to determin� the �ollowing for
each site:
'[. Average daily flaw - dry weather
2. Peak flow - dry weather
3. Auerage daily filow - wet wreather
4. Peak flow - wet weat��r
6. Peak inflow rates
6. Total EII volume
7. In-situ pipe capacity {both dry and wet weather)
�inal met�r site selection is based on City staff recommendations. The following sites wil[ be
monitored:
Site 1 Sta. 313�-36 M-253B
Site 2 Sta. 14+7Q M-292-C
5ite 3 Sta. 35+79 M-402 Big Fossil Sewer Main
City of Fort Worth Water Department wilf have authority to extend ti�e metering beyand the
�roposed days to obtain adequate flow data or request that the flow metering be terminated a#
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the end of ti�e proposed days based on a review af the data.
During data analysis, both the Manning and continuity equations will be platfed for flow.
Consultant will use sound engineering judgment in adjusfing raw depth and velocify data to
account for debris, sensor dri#t, e#c, By obtaining accurate velocity and depih data, the
engineer can further isolate hydraulic problems within the callection system. The consultant
may use ather analysis techniques, such as scatter graphs, to review data integrity or furiher
analyze the flow data.
Each meter will be field calibrated prior to instal{ation. Calibration of each meter uvill be a sim�le
procec�ure that wil[ consist of an in�ependent verification of the florru depth and velocity. The
flow sensors will be secured to a mounting �and that fits snugly in the pipeline. The cfata logger
for each site will be installed and secured in the top of �ach manhole a�d the met�r will be
activated at user defined sampling interva{s as determined by the Consultant, hawever, the
maximum sam�l�ng interval will not exceed 15 minutes. Routine maintenance and s�rrric� will
be undertaken ►rveekly to confirm normal operation. Written logs of each site Wisif will be
maintair�ed and will be used to record date and time of �isit, meter v�locity and depth reading,
corresponding in�ependant velocity and depth reading, maintenance items such as battery
valtage, etc.
�uring callec#ion, data �From each unit will be uplaaded in the field to a laptnp comput�r or an
electronic collectian device. Each laptop computer or data transfer unit will then be upload�d
to the centraf project camputer in the office for analysis. A tabular and graphical presentation of
the clafa will be developed that provides specific infiarmation far detailed evafuation. Peak,
minimum and average flaw depths and rates will be generated to assist in data analysis.
To Be Provided t�y City of Fort Wortl7 Water Deparfinent:
Re�iew of proposed meter site(s)
To Be Provrded by Consulfant:
1. Completian of ineter site location forms
2. List of sites requiring cleaning to facilitate fEow monitaring (if required)
3. Flow meter and rain gauge location map
4. Technicaf inemorandum specifying skart date for the monitoring perind
5. Veloeity, depth, and flow finalized met�r data in ta�ular and electrortic format
6. Maintenance Logs
Measurement of Paymenf:
Payment far this work task shall be a unit price far meter installation and calibration and a unit
price for each day ofi monitoring operation & maintenance. The basis far partial �aymen# will
be fhe summary of the number of ineters installed multiplied by �he daily billing rate times th�
number of days the meters ar� installed. Shauld monitoring be extended beyonc� the contract
duration, then the unif price specified for extended manitoring will be used for each meter day
during the extended monitoring period.
-G
TASK 4Q0 TEMP�RARY RAIN GAUGES
Continuously recarding rainfall gaug�s will be installed at two {2) key location to ol�tain each
stofin e�ent infensity and duratian across the study area. The rainfall gauges will be installed
and calibrated to ensure proper operation and recording. Mainter�ance logs will f�e prepared for
�ach site visit and will show as a minimum the date, time, o�efatianal check, verification of
recordings, and other applicable maintenance items such as battery valtage, etc.
Ta Be Provided f�y Cify of Forf Wo�th Wafer Depar�menf:
1. Coordir�ation of rain gauge placement (if requested)
To Be Provid�d 6y Consultant:
Rainfall summary intensity and duration
2. Rainfall volume
3. Tabular and elecfronic rainfall da#a
4. Maintenance and verificatian logs
Measurement of Payment:
Payment for this work task sha{I be a unit pric� for each rain gauge installatian and a daily rate
for each day of monitonng. The basis far par�ial payment will be the daily rate multiplied by
the number of working gauges times the numb�r of days installed.
Tas� 5D0 FLOW DATA AI�ALYSIS
During and following completion af the flow and rainfall monitoring, Consultant will analyze the
gathered data and develop tabular and graphical summaries. The impact of silt and debris will
be evaluated. Tha quantity of infiltrationlinflow will be determined for each mefer site.
To Be Provided by City of Fort Worth Water Department:
Review of Consultant procedures
To Be Provided by Corasultant:
Cumulative ancl discre#e flow components
2. Dry weather finalized flow tabular sumrnary and hydrographs
3. Wet weather finalized flow tabular summary and hydrograpns
4. Capacity ut9lized at each meter s�te
-7-
Measurement of Payment:
Payment far this work task shall be a lump sum. The basis for partial payment will be the
percentage completion of tabular summaries and hydragraphs of recarded flows.
TASK 600 ADMINISTRATiON AND PROJECT MANAG�MENT
This task includes internal project administration and oversight including scheduling, budget,
quality assurance and control and reporting. The project schedule will be reviewed in detail and
milestones for the completion of each task will be assigned. The project schedule will be
reviewed and updated monthly to ensure that all tasks are com�[eted in a timely and organizecf
fashian.
Management work items include:
1. Field crew supervision and project planning
2. Establish sub-system boundaries based on flaw monitoring sites ancE update maps
appropriately
3, Obtain initial maps for field us� and verification
4. Prepare monthly billings
5. Schedule equipment and order supplies
To Be Provided by Grty af Fort Worth Water �eparfinent:
1. Map{s) of study area
2. Review of in�oices
3. Written notice of any deficiencies in Cansultant's work
To Be Provid�d by Consultan�:
1. Monthly invoice
2. Manthly Status report
3. Monthly P�aject schedule and updates
Measurement of Payment:
Payment for this work task shall be a lump sum based on percent af project completion.
TASK 7�� DATA TABULAR LISTING
Provide tabular listings by basin in the report for all data acquired in at least the following
-8-
categories:
Tabular listing of the following items:
1. Location of flow monitoring stations
2. Lacation of rain gauge station
3. Measured rainfial] data by rain gauge per event
4. Dry weather flow including flaw components
5. VWet weather flow including flaw components
6. �nf{ow p�r rainfaN event
7. Hydragraphs af ihe f[ow data will be provided in the finaf report appendix
To Be Provided hy City of Fort Worth Water Deparfrrlenf:
1. Re�iew of taloufar fiarmat
Deliverables:
1. Taf�ular lis#ing as deseribed above
Measurement of Payment;
Payment for this wor€c task shall be a lump sum and hilled based an t�e estimated perc�ntage
complefian of the wark task.
TASK 800 INFILTRATIQNIINFLOW FINAL REPORT
Prepare and submit five {5) copies each of the final repor�s to City of Fort Worth project
�ngineer.
The praject re�ort (Phase 1} wil! include the following seetions:
�. Exec�ative Summary
2. Descript�on of all tasks
3. Rainfall data
4. DrylWet weather flows
5. Recorded Infiltration/lnflow
6. lnflow �olumes
7. Summary of �indings
S. Hydrograph presentation of flow data
�
To Be Provided by City of For� Worth Water Deparfiner�t.°
1. Review
Deliverables:
Reports st�all be baund with plastic laminated covers or three ring binders as directed by th�
City of �'ort Worth Water Depar�ment Project Manager. All maps will be provided in cofor. All
�efd data, photagraphs, sketches, maps, flow da#abase (depth, �elocity, flow, rainfall}, repart
narraii�e, etc. will be pfaced on CD-R4M and included w[th each Final Report.
To Be Pravided by Cify of Fort Worth Wafer Department:
1. Report review
Deliverables for Phase 1:
1. Five (5) bound copi�s of the final report.
2. Five (�) copies CD-ROM Final Repart with database (including flow data files),
photographs, maps, and report
Measurement af Payment:
Payment for ihis work task shal[ l�e a lump sum and billed based on the estimated percentage
complat�on of the work task.
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ATTACHfi�EfVi "�"
Compensa#ian
Task Description
1QOIVIabilizationlMeter Preparation
200 Review
300 Temporary Flow Monitoring
a. Meter Installation/calibration
b. Monitoring - 60 days x 3 sites
400 Rainfall Ga�aging
a. I nstal latia nlcal ib rafi on
b. Monitoring � fip days x 2 sites
500 Flow �ata Analysis
600 Admin.,Praject Mgt.
70Q Final Report
Total Not Ta Exceed
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Estimated
Quantity
L.S.
L..S.
3
180
2
120
L.S.
L.S.
L.S.
Unit
Price
L.S. $
L.S. $
Total
5Q0.00
1 �4.00
$ 425.00 $ 1,275.00
$ 73.DQ $ 13,140.00
� �a.aa � � ao.ao
$ 1 a.50 $ 1,26A.a0
L.S. $ 75�.0�
L.S. $ 20�.Q0
L.S. $ 1,350.00
$ � 8,72�.00
ATTACFiIV�ENT "C"
Amendments
None
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)