HomeMy WebLinkAbout025257 - Construction-Related - Contract - Deltatek Engineering, _-_; - �� F; - �� �� � � ^�. �� �� : �. ��� �; �: �. �� � CITY SECRETARY
CONTRACT NO. �-'��a ��
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the"City"), and Deltatek engineering
(the "Engineer") on September 9, 1999 , for a PROJECT generally described as Repainting
and Renovation of Seminary Hi112.0 Million Gallon Elevated Storage Tank.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation and Schedule
The ENGINEER's compensation is set forth in Attachment B. the project schedule is set
forth in attachment C.
Article III
Term of Payment
Payment to the Engineer will be made as follow:
A. The Engineer shall provide the City sufficient document to reasonably substantiate the
invoices.
B. Monthly invoices will be issued by the ENGINEER far all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
C. Upon completion of services encumbered in Article I, the final payment of any balance
will be due within 30 days of receipt of the final invoice.
D. In the event of disputed or contested billing, only that portion so contested will be
withheld from payment, and the undisputed portion will be paid. The City will exercise
reasonableness in contesting any bill or portion thereof. No interest will accrue on any
contested portion of the billing until mutually resolved.
E. If the CITY fails to make payment in full to ENGINEER for billing in good faith within
60 days of the amount due, the ENGINEER may, after 7 days' written notice to City,
suspend services under this AGREEMENT until paid in full, including interest. In the
event of suspension of
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services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY
because of such suspension of services.
Ac-ticle N
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative under this
Agreement, providing professional engineering consultation and advice and furnishing customary
services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of sldll and diligence
normally employed in the State of Texas by professional engineers or consultants perfornung the same
or similar services at the time such services are performed.
C. Subsurface Investigations
1. The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such
as special surveys, tests, test borings, or other subsurface investigations in connection with design
and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY
conceming the results of same. Such surveys, tests, and investigafions shall be furnished by the
CITY, unless otherwise specified in Attachment A.
2. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics
may vary significanfly between successive test points and sample intervals and at locations other
tl�an where observations, elcploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CIT'Y the original drawings of all plans approved by the CITY,
which shall become the property of the CITY. The CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for
any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
1. The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site
representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible
for those duties that belong to the CITY and/or the CITY's construction contractors or other
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entities, and do not relieve the construction contractors or any other entity of their obligations,
dufies, and responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and completing all portions of
the construction work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its personnel have no
authority to exercise any control over any con'struction contractor or other entity or their
employees in connectian with their work or any health or safety precautions.
2. Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the
ENGINEER or its personnel shall have no obligafion or responsibility to visit the construction site
to become familiar with the progress of quality of the completed work on the PROJECT or to
determine, in general, if the work on the PROJECT is being performed in a manner indicating
that the PROJECT, when completed, will be in accordance with the Contract Documents or the
agreement between CITY and ENGINEER be consirued as requiring EN�INEER to make
exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise
check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER
should make an on-site observation(s), on the basis of such on-site observations, if any, the
ENGiNEER shall endeavor to keep the CITY informed of any deviation from the Contract
Documents coming to the actual notice of ENGINEER regarding the PROJECT.
3. When professional certification of performance or characteristics of materials, systems or
equipment is reasonably required to perform the services set forth in the Scope of Services, the
ENGINEER shall be entitled to rely upon such certification to establish materials, systems or
equipment and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
The ENGINEER shall provide opinions of probable costs based on the current available
information at the time of preparation, in accordance with Attachment A.
2. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules
for the PROJECT, the ENGTNEER has not control over cost or price of labor and materials;
unknown or latent conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market condifions; time or qualify of
performance by third parties; quality, rype, management, or direction of opera.ting personnel; and
other economic and operational factors that may materially affect the ultimate PROJECT cost or
schedule. Therefore, the ENGINEER makes no warranry that the CITY'S actual PROJECT
costs, financiai aspects, economic feasibiiiry, or schedules will not vary from' the ENGINEER' S
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendafions by the ENGINEER to the CITY for periodic construction progress payments to the
construction contractor will be based on the ENGINEER's lrnowledge, uiforma.tion, and belief from
selective sampling and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations have been made tiy the
ENGINEER to ascertain that the construction contractor has completed the work in exact accordance
with the Contract Documents; that the final work will be acceptable in a11 respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the construction
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contractor has used the moneys paid; that tifle to any of the work, materials, or equipment has passed
to ti�e CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not
other matters at issue between the GITY and the construction contractor that affect the amount that
should be paid.
H. Record Drawings
Record drawings, if xequired, will be prepared, in part, on the basis of information compiled and
furnished by othecs, and may not always represent the exact location,, type of various components, or
exact manner in which the PROJECT was finally constructed. The EIV�GINEER is not responsible
for any errors or omissions in the information from others that is incorporated into the record
drawings.
I. Minority and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 11923, the City has goals for the participarion of
minority business enterprises and woman business enterprises in City contracts. Engineer
aclawwledges �e MIWBE goal established for this contract and its commiiment to met that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) andlor the commission of fraud
by the Engineer may result in the termination of this agreement and debarment from participating in
City contracts for a period of time of not less than three (3) years.
J. Right to Audit
ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment
under. this contract, have access to and the right to examine and photocopy any directly pertinent
books, documents, papers and records of the ENGINEER involving transacflons relating to this
contract. ENGINEER agrees that the CITY shall ha.ve access during normal worldng hours to
all necessary ENGINEER facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
2, ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision
to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3)
years after final payment under the subcontract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of such subconsultant,
involving iransactions to the subcontract, and further, that the CITY shall have access during
normal working hours to all subconsultant facilities, and shall be provided adequate and
appropriate work space, in order to conduct audits in compliance with the provisions of this arricle
together with subsection 3. hereof. CITY shall give subconsultant reasonable advance norice of
intended audits.
3. ENGINEER and subconsultant agree to phatocopy such documents as may be requested by the
GITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in
the Te�cas Administrative Code in effect as of the time copying is performed.
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K. ENGINEER's Insurance
1. Insurance coverage and lirriits
ENGINEER shall provide to the City .certificate(s) of insurance documenting policies of the
following coverage at minimum limits which are to be in effect prior to commencement of work
on the PROJECT.
a. Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
b. Automobiie Liability
$1,000,000 each accident (or reasonable equivalent limits of coverage if written on a split
limits basis). Coverage shall be on any vehicle used in the course of the PROJECT.
c. Worker's Compensation
Coverage A: statutory (imits
Coverage B: $100,000 each accident
. $500,000 disease - policy limit
$100,000 disease - each employee
d. PzQfessional Liability ,
$1,000,000 each claim/annual aggregate
2. Certificates of insurance evidencing d�at the ENGINEER has obtained all required insurance shall
be delivered to the CITY prior to ENGINEER proceeding with the PROJECT.
a. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its
interests may appeaz. The term CITY shall include its employees, officers, officials, agents,
and volunteers as respects the contracted services.
b. Certificate(s) of insurance shall document that insurance coverages specified according to
items section K. 1. and K. 2. of this agreement are provided under applicable policies
documented thereon.
c. Any failure on part of the CITY to request required insurance documentation shall not
constitute a waiver of the insurance requirements.
d. A minimum of thirry (30) days notice of cancellation, non-renewal or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the
event of nonpayment of the premium. Such terms shall be endorsed onto ENGINEER's
insurance policies. Notice shall be sent to the respective Department Director (by name),
City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102.
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e. Insurers for all policies must be authorized to do business in the state of Texas or be o�erarise
approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their
financial strength and solvency.
Deductible limits, or self insured retentions, affecting insurance required herein may be
acceptable to the CITY 'at its sole discredon; and, in lieu of traditional insurance, any
alternative coverage maintained through insurance pools or risk retenflon groups must be also
approved. Dedicated financial resources or letters of credit may also be acceptable to the
City.
g. Applicable policies shall each be endorsed with a waiver of subrogadon in favor of the CITY
as respects the PROJECT.
h. The City shall be entided, upon its request and without incurring expense, to review the
ENGINEER's insurance policies including endorsements thereto and, at the CITI"s
discretion, the ENGINEER may be required to provide proof of insurance premium
payments. •
i. The Commercial General Liability insurance policy shall have no exciusions by endorsements
unless such are approved by the CITY.
The Professional Liability insurance policy, if written on a- claims made basis shall be
maintained by the ENGINEER for a minimum (2) year period subsequent to the term of the
respective PROJECT contract with the CITY unless such coverage is provided � the
ENGINEER on an occurrence basis.
k. The CITY shall not be responsible for the direct payment of any insurance premiums required
by this agreement. It is understood that insurance cost is an allowable component of
ENGINEER's overhead.
1. All insurance requir�d in section K., except for the Professional Liability insurance policy,
shall be written on an occurrence basis in order to be approved by the CITY.
m. Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain die same
or reasonably equivalent insurance coverage as required for the ENGINEER. When
insurance coverage is maintained by subconsultants, ENGINEER shall provide CITY with
documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary
contained 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 the
Agreement.
L. Independent Consultant
'The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY.
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M. Disclosure
The FNGINEER aclrnowledges to the CITY that it has made fiill disclosure in writing of any existing
conflicts of interest or potential conflicts of interest, including personal financial interest, direct or
indirect, in property abutting the proposed PROJECT and business relationships with abutting property
cities. The ENGINEER further acknowledges that it will make disclosure in writing of nay conflicts
of interest which develop subsequent to the signing of tlus contract and prior to final payment under
the contract.
N. Asbestos or Hazardous Substances
l. If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER
will stop its own work in the affected portions of the PRO7ECT to permit testing and evaluation.
2. If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist
the CITY in obtaining the services of a qualified subcontractor to manage the remediation
activities of the PROJECT.
O. Permitting Authorities - Design Changes
If pernutting authorities require design changes so as to comply with published design criteria and/or
current engineering practice standards which the ENGINEER should have been aware of at the time
this Agreement was executed, the EI�GINEER shall revise plans and specifications, as required, at
its � own cost and expense. However, if design changes are requireii due to the changes in tlle
permitting authorities' published design criteria and/or pracfice standards criteria which are published
after the date_ of this Agreement which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made
through an amendment to this AGREEMENT. ,
A.rtic[e V
Obligations oF the City
Amendments to A.rticle V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's possession relating
to the ENGINEER's services on the PROJECT. The ENGINEER znay rely upon the accuracy,
timeliness, and completeness of the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's
performance of its services and will provide labor and safety equipment as required by the
ENGINEER for such 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
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in connection with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required by local, state, or federal authorities; and land,
easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT
construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications,
proposals, and other documents; obtain advice of an attomey, insurance counselor, accountant,
auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance with the project schedule
in Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes
aware of any development that affects the scope or timing of the ENGINEER's services or of any
defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
1. To the maximum extent permitted by law, the C1TY will indemnify and release ENGINEER and
its officers, employees, and subcontractors from all claims, damages, losses, and costs, including,
but not limited to, attorney's fees and li6gation expenses arising out of or relating to the presence,
discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the
PROJECT. Nothing contained herein shall be construed to require the CiTY to levy, assess or
collect any tax to fund �#his indemnificafion.
2. The indemnification and release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's
negligence or if such hazardous substance, contaminant or asbestos is brought onto the PROJECT
by ENGINEER.
G. Contractor Tndemnification and Claims
The CITY� agrees to include in all construction contracts the provisions of Article IV.E. regarding the
ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of
the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
1. The CITY agrees that all contracts with construction contractors and equipment or materials
suppliers shall include the following clause: �
�
"Contractors, subcontractors and equipment and materials suppliers on the
PROJECT, or their sureties, sha11 maintain no direct action against the
ENGINEER, its officers, employees, and subcontractors, for any claim arising
out of, in connection with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaldng by the ENGINEER."
2. This AGREEMENT gives no rights or benefits to anyone other than the CITY and the
ENGINEER and there are no third-parry beneficiaries.
3. The CTTY will include in each agreement it ent�ers into with any other entiry or person regarding
the PROJECT a provision that such entity or person shall have no third-parry beneficiary rights
under this agreement.
4. Nothing contained in this section V.H. shali be construed as a waiver of any right the CITY has
to bring a claim against ENGINEER.
I. CITY's Insurance
The CITY may maintain properry insurance on certain pre-existing structures associated with the
PROJECT.
2. The CITY will ensure that Builders Risk/Installafion insurance is maintained at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or
documentation of such on a cerfificate of insurance.
3. The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in
coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested assistance
tv support, prepare, document, bring, defend, or assist in lirigation undertaken or defended by the
CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in �is AGREEMENT.
If such changes affect the ENGINEER's cost of or time required for performance of the services, an
equitable adjustrnent will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
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Article VI
Genera! Legal Provisions
Amendments ta Article VI, if any, are included in Attachment C.
A. Authorization t,� Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a writien Notice
to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the ENGINEER,
whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether
the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting
through or on behalf of the CITY of any such instrzunents of service without ihe written permission
of the ENGINEER will be at the CITY's sole risk. The final designs, drawings, specifications and
documents shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of God,
strikes, lockouts, accidents, or other events beyond the control of the E1�IGII�iEER.
D. Terminafion
1. Ttus AGREEMENT may be termanated only by the City for convenience on 30 days' written
notice. This �AGREEMENT may be terminated by either the CITY or the ENGINEER for cause
if either parry fails substantially to perform through no fa.ult of the other and does not commence
correction of such nonperformance with 5 days of written notice and diligently complete the
correction thereafter. � �
2. If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid
for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, pians, specifications or other forms of
ENGINEER's work product;
b. Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files,
and other data storage supplies or services;
c. The time requirements for the ENGINEER's personnel to document the work underway at
the rime the CITY' S terminarion for convenience so �hat the work effort is suitable for long
time storage.
3. Prior to proceeding with termination services, the ENGINEER will submit to the CITY an
itemized statement of all termination expenses. The CITY'S approval will be obtained in writing
prior to proceeding with termination services.
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E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of
the CITY. In the event of such suspension, delay, . or interruption, an equitable adjustment in the
PROJECT's schedule, commitment and cost af the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. indemnification
1. The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or ezpense
claimed by third parties for property damage and bodily injury, including dea.th, caused solely by
�e negligence or willful misconduct of the ENGINEER, its employees, officers, and
subcontractors in connecrion with the project.
'2. If the negligence or 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, cost, or
expense shall be shared between the ENGINEER and the CITY ,in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section
33.011 (4) (Vernon Supplement 1996).
G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior written consent of
the other party.
H. InterQretation
Limitations on liabiliry and indemnities in this AGREEMENT are business understandings between
the parties and shall apply to all the different theories of recovery, including breach of contract or
warranty, tort including negligent, strict or statutory liability, or any other cause of action, except for
willful misconduct or gross negligence for limitations of liability and sole negligence for
indemnification. Parties means the CITY and the ENGINEER, and their 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 related to it. The venue for any litigation related to this
AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
1. All claims, disputes, and other matters in question between the CITY and ENGINEER azising 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 be submitted to mediation. If inediation is
unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both
parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000,
exclusive of attorney's fees, costs and expenses. Arbitra6on shall be in accordance with the
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Construction Industry Arbitration Rules of the �-lmerican Arbitration Association or other
applicable rules of the Association then in effect. Any award rendered by the azbitrators less than
$50,000, exclusive of attomey's fees, cosis and expenses, wifl be final, judgment'ma.y be entered
thereon in any court having jurisdiction, and will not be subject to appeal or modification eacept
to the extent permitted by Sections 10 and 11 of the Federal Arbitrafion Act (9 U.S.C. Sections
10 and 11).
2. Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated
by either party on a de novo basis. The award shall become final ninery (90) days from the date
same is issued. If litigation is filed by either party witiun said ninety (90) day period, the award
shall become null and void and shall not be used by either party for any purpose in the litigation.
L. Severability and Survival
If any of the provisions contained in this AGREENiENT are held for any reason to be invalid, illegal,
or unenforceable will not affect any other provision, and this AGREEMENT sh�ll be construed as if
such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F.,
VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive ternaination of this AGREEMENT for any cause.
M. Observe and Comply
ENGII�IEER shall at all times observe and comply with all federal and State laws and regulations and
with all City ordinances and regulations wYuch in any way affect this AGREEMENT and the work
hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may
exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment.
No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend,
indennnify and hold harmless CITY and all of ifs officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
� � .Articte VII
Attachments, Schedules, and Signatures
This AGREEMENT, inciuding its attachments and schedules, constitutes the entire AGREEMENT,
supersedes all prior written or oral understandings, and may only be changed by a written amendment
executed by both parties. The following attachments and schedules are hereby made a part of this
AGI�EEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C - Schedule
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EXECUTED in the City of Fort Worth, this � day of�'�P.rh,b2�, A.D. 1999
ATTES •
By: ��.
Gloria P arson
City Se retary
APPROVED AS TO FORM AND LEGALITY
By: �
Assist t City Attorney
ATTEST:
DELTATEK ENGINEERING
�
By:
Bahram Niknam, P.E.
CI OF RT WORTH
�
sy:
� Mike Groomer
Assistant City Manager
CITY OF FORT WORTH
BY� .2,t� C ���X�..
ee C. Bradley, Jr., P. .
Director, Water Department
Date: ���// �
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c- ���.�i
Cont;ract Authorization
9- �- 99
��te
ATTACHMENT "A"
General Scope of Services
I. DESIGN AND RENOVATION MANAGEMENT SERVICES
Deltatek Engineering will provide the following professional services:
A. Attend kick-off ineeting with the City of Fort Worth to develop design
criteria.
B. Conduct meeting with Water Production Division in order to coordinate
project activities.
C. Coordinate with other agencies such as FAA, •TxDOT, Health Department,
EPA, and TNRCC as required.
D. Perform environmental testing for lead, soil background, air monitoring,
waste disposal classifications, and waste disposal as required.
E. Perform site surveying to locate all utilities, underground piping, cables,
and buried structures.
F. Prepare plans and specifications for tank structural repairs.
G. Prepare plans and specifications for operational improvements.
H. Prepaxe plans and specifications for OSHA, ANSI, and AWWA
compliance.
I. Prepare plans and specifications for lead-based paint abatement and
containment per TNRCC requirements.
J. Prepare plans and specifications for interior/exterior surface preparation
and repainting.
K. Prepare plans and specifications for relocating of SCADA equipment
above ground to prevent moisture damage.
L. Prepare plans and specifications to replace the existing electric operator
butterfly valve with a new improved valve and actuator.
M. Interface SCADA system with the existing to maintain the current
operation modes per Water Production Division's requirements.
N. Relocate power service entrance underground.
O. Eliminate outdated and unused electrical wiring, conduit, enclosures, and
� rotted power poles.
P. Provide two (2) light standards equipped with 60W high-pressure sodium
lamps to improve area illumination.
Q. Prepare plans for removal and replacement of existing chain link fence
and double gate:
R. Prepare plans and specifications for overflow airgap system for three (3)
additional facilities in other locations.
S. Prepare necessary documents for re-platting the site with Parks
Department to extend the existing fence 10 feet beyond concrete vault and
enhance park safety.
T. Prepare and submit Design Report, Preliminary Plans, and Final Plans for
review and approval.
1 of 2
U. Conduct pre-bid and pre-construction meetings with City and contractors.
V. Review bids and make recommendation (s) for award.
W. Provide required testing such as welding, painting, dry/wet film
measurements, adhesion tests, holiday detection te�ts, soil analysis for
lead, and TCLP. ,
X. Provide on-site inspection during renovation.
Y. Review pay requests and make recommendations.
Z. Assist the City in substantial completion walk-thru.
AA. Assist the City in final walk-thru and prepare punchlist.
BB. Witness tank disinfection per AWWA requirements.
CC. Assist the City in project closeout.
2 of 2
ATTACHMENT "B"
Comnensation
I.
II.
PRIMARY ENGINEERING SERVICES
Compensation to Deltatek Engineering for professional engineering services as
outlined in Scope of Work shall be as follows:
Part I Design Phase .
Project Management and Administration $6,500.00
Preparation of Renovation Plans and Specification $72,000.00
Preparation of Plans for 3 Additional Overflow Modifications $15,000.00
Preparation of Platting Documents $3,000.00
Reimbursable, Printing, Plotting, & Photos $2,500.00
Total Compensation for Part 1
Part 2 Renovation Phase
Project Administration
Review of Shop Drawings and Submittal Data
Quality Control Observation
Reimbursable Expenses, Mileage, Photos, & Postage
Total Compensation for Part 2
Total Parts 1 & 2
SASIS FOR COMPENSATION
$99,000.00
$2,500.00
$11,255.00
$26,000.00
$2,200.00
$41,955.00
$140,955.00
The City shall compensate the Engineer for the various items listed above on
either a lump sum basis, or a reimbursable basis.
The Engineer shall be paid monthly based on statements submitted to the City for
the work accomplished during the proceeding month. Monthly statements for
lump sum services will be based upon a reasonable estimation of percent
complete.
Monthly statements for reimbursable services will be based upon time directly
chargeable to the project by the various types of individuals employed by the
Engineer in accordance with rate schedule in effect at the time of the services.
Engineer may revise the rate schedule on Jan}�ary of each year.
�
Monthly statements for reimbursable services performed by subconsultants will
be based upon the actual cost to the Engineer plus fifteen percent (15%).
Iofl
ATTACHMENT "C"
PROJECT SCHEDULE
Design Report:
Preliminary Plans:
City Review:
Final Plans:
Advertise:
Bid Opening:
Award:
Work Starts:
Renovation Complete:
August 13, 1999
September 15, 1999
September 29, 1999
October 4, 1999
October 11, 1999
November 4, 1999
December 4, 1999
January 3, 2000
May 1, 2000
City of Fort Wo�th, Texas
�1►�Ayar And C,aunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
9�7�99 **C-17631 60DELTA 1 of 1
SUBJECT ENGINEERING AGREEMENT WITH DELTATEK ENGINEERING FOR THE DESIGN
AND CONSTRUCTION MANAGEMENT OF THE REPAIR AND REPAINTING OF THE
SEMINARY HILL ELEVATED STORAGE TANK
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering contract
with Deltatek Engineering for the design and construction management of the repair and repainting of
the 2 MG Seminary Hill Elevated Storage Tank for a total fee not to exceed $140,955.00
DISCUSSION:
The Seminary Hill Elevated Storage Tank was recently inspected and was found to be badly corroded
and in need of repairs and repainting to extend the service life of the tank. In addition, modifications
are required to meet Texas Natural Resources Conservation Commission (TRNCC) and Occupational
Safety and Health Administration (OSHA) requirements.
The engineer will prepare construction plans and specifications for the repair and repainting of the
Seminary Hill Elevated Storage Tank and provide construction management during the construction
phase of the project.
The project is located in COUNCIL DISTRICT 3.
Deltatek Engineering has complied with the City's M/WBE ordinance by committing to 15% M/WBE
participation. The City's goal on this project is 15%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper-Water Fund.
MG:j
Submitted for City Manager's
Oftice by:
Mike Groomer
Originating Department Head:
Lee Bradley, Jr.
Additional Information Contact:
Lee Bradley, Jr.
I FUND IACCOUNT
� (to)
�
6140
�
8207 � (from)
I PW77
8207
CENTER I AMOUNT
531200 060770180190 $140,955.00
CITY SECRETARY
AP�AG`v"�:C
G��� COUNGI�L
�� � � 7 1999
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