HomeMy WebLinkAboutContract 41469 CITY SECRETARY
CITY OF FORT WORTH, TEXAS CONTRACT NO.,_.
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home-rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
Freese and Nichols, Inc., (the "ENGINEER"), for a PROJECT generally described as:
DESIGN OF THE VILLAGE CREEK DEEP BED MEDIA FILTER MODIFICATIONS.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a 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.
(5) If the CITY fails to make payment in full to EN or illin s c ntested in
good faith within 60 days of the amount due, th Oi�MI #� D fter giving
7 days' written notice to CITY, suspend service V�+q�rrg�gROM ENT until
City of Fort Worth,Texas r1I Tv
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paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
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 skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing 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 concerning the results of same. Such surveys, tests, and
investigations 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 significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, 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.
F�I—C,IAL RECORD
City of Fort worth.Texas SECRETARY
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D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible mylar sheets and electronic files in .pdf format, or as otherwise
approved by CITY, which shall become the property of the CITY. 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 entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, 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 construction contractor or other entity or their employees in
connection 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 obligation or
responsibility to visit the construction site to become familiar with the progress
or 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, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER 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
the ENGINEER makes on-site observation(s) of a deviation from the Contract
Documents, the ENGINEER shall inform the CITY.
(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
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A. LOFFICIAL city of Fort worth.Texas ftE�JAR Standard Agreement for Engineering Related Design Services F 900oif15ReleaseDate:9.22.2010 CI:TRTH
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
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
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, 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 by 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 all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work,
materials, or equipment has passed to the CITY free and clear of liens, claims,
security interests, or encumbrances; or that there are not other matters at issue
between the CITY and the construction contractor that affect the amount that
should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various 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 drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, as amended, the City
has goals for the participation of minority business enterprises and woman
business enterprises in City contracts. Engineer acknowledges the M/WBE
goal established for this contract and its accepted written commitment to
M/WBE participation. Any misrepresentation of facts (other than a ne Ig i�aent
City of Fort Worth.Texas
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misrepresentation) and/or 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
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) 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 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 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 five (5) 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 transactions 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 article together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella. This
cn orFortw nn Tex insurance shall apply as primary insurance LOFFAL c�-�ther
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RTH,TX
insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto —the ENGINEER shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of "any auto", including owned, hired, and non-owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non-owned is acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary, commercial umbrella
liability insurance with a limit of not less than $100,000.00 each accident for
bodily injury by accident or $100,000.00 each employee for bodily injury by
disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability— the ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of the
contract or the first date of services to be performed, whichever is earlier.
Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for e ear
following completion of the contract. Y�
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(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies 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 volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first-dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident wi rior
to the date of the contractual agreement. The ce ificatte of in hall
City of Fort Worth,Texas OFFICIALS
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state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
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.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full 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
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) 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 PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting 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 ENGINEER shall revise plans and specific at
its own cost and expense. However, if design changes a 9� �� i � U�ti
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FT. WORTH, TX
changes in the permitting authorities' published design criteria and/or practice
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.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may 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. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in 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 attorney,
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 prepared in accordance with Attachment D.
City of Fort worth.Texas OFFICIAL RECORD
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FT. WORTH, TX
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 Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The 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 ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification 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 to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall 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 undertaking 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-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other e i or
person regarding the PROJECT a provision that suc y or per all
have no third-party beneficiary rights under this Agreem rpFF�v
City of Fort Worth.Texas CITY SEA :,ETARY
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Page 10 of 15 1
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation 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 certificate 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 to support, prepare, document, bring, defend, or assist in
litigation 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 this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written 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
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CITY SECRETARY
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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 instruments of service without the written permission of the
ENGINEER will be at the CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
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 ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated 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 party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 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, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing 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 time of the CITY'S termination for convenience so
that 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.
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 of the ENGINEER's personnel and subcontractors, and EN ER's
compensation will be made.
OFFICIAL RECORD
City of Fort worth.Texas CITY SECRETARY
Standard Agreement for Engineering Related Design Services
PMO Official Release Date:9.22.2010 FT.WOR rH TX
Page 12 of 15
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability 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 negligence,
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 mean 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. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
K. Observe 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 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
City of Fort Worth,Texas
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considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its 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.
OFFICIAL RECORD
City of Fort Worth,Texas
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including 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 AGREEMENT:
Attachment A - Scope of Services
Attachment B — Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the day of 2011.
ATTEST:
,daNCORT� Y OF FORT WORTH
p„aoaL',.
dC'` By: ��
Marty Hendrix �v o Fernando Costa
City Secretary o''X*00%000000 Assistant City Manager
APPROVED AS TO .AND LE PPROVAL RECOMMENDED
By: Qi) By.
'AssistaM City Attorney+ S. Frank Crumb,
Director, Water Department
Contract huthorizaton Freese and Nichols, Inc.
Data
David R. ack on, P.E., BCEE
Principal
By:
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services FT. WORTH, TX
PMO Official Release Date:9.22.2010
Page 15 of 15 —°
ATTACHMENT A
SUPPLEMENTAL SCOPE OF SERVICES
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR
ENGINEERING SERVICES FOR DESIGN OF THE VILLAGE CREEK DEEP BED MEDIA FILTER
MODIFICATIONS
SUPPLEMENTAL SCOPE OF SERVICES
This agreement describes the services to be provided by ENGINEER. The scope of services is
presented as basic services and additional services. The basic services cover the elements required
for the project that are authorized by the execution of the contract. The additional services are the
elements that could be required and are identified in the contract but are not authorized until
ENGINEER is given additional written approval by the City.
Project Description and Understanding: The 20 deep bed media filters at the Village Creek
Wastewater Treatment Plant (VCWWTP) were designed and constructed in two phases in 1977 (14
filters) and 1985 (6 filters). An Aries-type surface air scour system was added by plant staff in 2000.
The filters represent approximately 60%of the tertiary filter treatment capacity of the plant and produce
high quality water suitable for Type 1 Reuse (3 ntu effluent limit) under the requirements of Chapter
210. The CITY is currently constructing a reclaimed water system that will use effluent from these
filters. The reclaimed water system is anticipated to reach final completion in March 2011 and will use
up to 5 MGD of reuse effluent.
The deep bed filters are experiencing maintenance problems,capacity degradation, and reduced filter
water quality. Known issues with the filter complex include:
• Leaking filter influent and wastewater dump valves;
• continuous waste washwater pumping and associated pump wear due to leaking valves;
• inability to isolate the filter influent channel, inlet valves and waste washwater channel, thus
limiting maintenance access;
• media loss issues associated with backwash and air scour difficulties;
• reduced reliability of the air scour system to provide even and complete washing of the filter
media;
• reduced hydraulic throughput below the original design criteria and with reduced effluent quality;
and
• older controls and instrumentation systems requiring labor intensive manual operations.
The project will include preliminary design, final design plans and specs, and bid phase services. At
the option of the CITY, Construction Services, General Representation and Resident Representation
services may be requested by the CITY at a future date.
Key goals of the project include:
• Improve the overall reliability and maintainability of the dee b system;
• Improve the overall capacity and water quality fro these filter
• Improve filter controls, functionality and tie-in to S QfA!CIIAL�ECORD
• Provide appropriate instrumentation for individual f tcM,:6 iJW*Wp rformance tracking;
FT. WORTH, TX
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A-1 CITY
• Improve backwash performance and reliability to provide longer filter run times, better
backwash recovery and improve long-term media, underdrain and air scour performance;
• Improve design sustainability through improved maintenance access, filter performance and
media retention;
• Consider future regulatory and capacity needs that could affect the filter design standards;
• Identify interim solutions that can be implemented within the existing filters to provide immediate
performance improvement and near-term reliability prior to the March 2011 reuse deadline;and
• Identify cost effective bid packages and bid alternates to give the CITYflexibility in using project
funds.
SECTION 1
BASIC SERVICES: ENGINEER shall render the following professional services in connection with the
development of the Project:
A. PRELIMINARY DESIGN:
1. Hold a project initiation meeting with members of the design team and CITY: (1) to review
the scope of services, (2) to verify CITY's requirements for the Project, and (3) to review
available data.
2. Advise CITY as to the necessity of CITY's providing or obtaining data or services from
others, and assist CITY in connection with any such services.
3. Equipment and Valve Replacement, Filter Hydraulics and Influent Isolation Evaluation:
Analyze alternatives to improve influent flow conditions, filter isolation, influent and dump
valve maintenance and identify hydraulic capacity of the filter complex and influent/effluent
piping. Update mechanical replacement costs for the filtration system and provide updated
list of replacement components. Elements to be analyzed include:
• Filter Isolation Channel modifications and Valve Replacements to improve
maintenance access and provide for segmented isolation of the influent channel,
waste washwater channel and associated valves. Up to three (3)alternatives shall
be analyzed for filter influent channel isolation.
• Hydraulic analysis of influent and effluent channels, proposed influent channel
modifications, piping and valves using the InfoWorks hydraulic model will be
performed under a separate task order and is not included in this scope of work.
• Verify and provide updated mechanical replacement opinions of probable
construction costs(OPCC's) using the various equipment and valve types identified
in the previous condition assessment(July 2010 Deep Bed Media Filter Assessment
Report). Equipment cost updates and select equipment replacements will include
recommended pumping system improvements, valves, gallery piping, blower
improvements, air piping replacements, mechanical equipment, C12 solution feed
lines and diffuser equipment in influent channel. Hold a workshop with the CITY to
discuss alternatives and costs from these evaluations. This workshop is anticipated
to last up to two (2) hours and will be held at the VCWWTP
4. Filtration Process Performance Evaluation and Interim Filter Improvements: Analyze
alternatives to improve filter process performance including alternatives for interim
improvements to the existing filters to meet immediate reuse needs. Alternatives include a
verification of underdrain options as identified in the previous condition assessment (July
2010 Deep Bed Media Filter Assessment Report), media selection, backwash process and
air scour implementation. Associated capacities, anticipated water quality and anticipated
life cycle replacement costs for the alternativ ernatives include the
replacement of the underdrain with a new p1a tiicc b�ito'mm s�s&%kj� integrated air scour.
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A-2 FT. WORTH, TX CITY
Maintaining the existing clay tile system will not be considered as an alternative. Elements
include:
• Identify interim cost-effective measures to aid filter run times and performance from the
existing system until permanent improvements can be constructed. Evaluate the
potential of providing new media in one existing filter (#7 is currently empty) and
redistributing media or"topping off" media in the remaining filters. Use the filter media
loss distribution analysis from the July 2010 report to prioritize filter media additions.
• Compare pilot scale underdrains and media column arrangement provided by Leopold,
Inc. and Tetra Technologies to determine side-by-side filter performance and filter
hydraulic capacities(gpm/sf). Leopold pilot system will include two columns with plastic
block underdrain and integrated air scour with different media alternatives.
• Based on filter pilot column performance, identify appropriate media selection to meet
reuse water quality criteria and increase rated capacity. Develop data for presentation
to TCEQ for potential re-rating of filter capacity. Conduct cost analysis for replacement
of underdrains to determine if replacement provides adequate increase in hydraulic
capacity versus capital investment. Compare to potential for future construction of new
ABW filters or potential deferment of this construction.
• Analyze options for bed fluidization during backwash to avoid media loss through the
troughs. Options should include specialized trough designs, trough replacements or
reuse of the existing troughs with appropriate media fluidization parameters. Use of the
existing troughs without replacement is the assumption for purposes of design.
• Identify air scour implementation to provide full media depth air scour and reduce
maldistribution. Identify alternatives to retrofit the existing blower and air piping
arrangement into the selected underdrain system. Alternatives will include
implementation of new integrated air scour using a new plastic block underdrain system.
Include the evaluation of blower capacity or potential use of the current aeration system
to provide backwash air.
• Incorporate proposed permit conditions and anticipated flow projections from the
ongoing Master Plan into the design elements of the project to reflect and support the
Master Plan objectives and potential primary and secondary treatment improvements to
meet future flow, effluent quality and regulatory requirements.
• Hold a workshop with the CITY to discuss alternatives and costs from evaluations. This
workshop is anticipated to last up to four (4) hours and will be held at the VCWWTP.
5. Filter Interim Electrical Actuator Improvements: Provide interim design improvements to
damaged actuators in the filter gallery. Interim design elements will include a specifications
and construction drawings for City pre-purchase of new actuators to replace damaged
actuators. City will provide for installation of the new actuator systems. Remaining valve
and actuator elements will be covered in the design phase.
6. Final Preliminary Design Technical Memorandum: Provide a brief summary Final
Preliminary Design Technical Memorandum identifying the selected design elements and
summarizing the proposed final design criteria, OPCC's and capital improvements for this
project.
• Prepare a Report containing schematic layouts,sketches and conceptual design criteria
with appropriate exhibits to indicate the considerations involved and some alternative
solutions available to CITY and setting forth ENGINEER's findings and
recommendations with opinions of probable construction costs for the Project, which
includes estimates of contingencies and allowances for charges of professionals and
consultants.
• Prepare preliminary design documents consisting of final design criteria, preliminary
drawings and outline specifications for the Design Phase and incorporate into the
Report.
• Furnish five(5)copies of the Draft Technic a (1) electronic copy
and present and review it in person with ITTY,Ilncnrp� ments from the draft
l.:eke.SOL jrces�h,U-�W\Village Creek Filter ModsA«ach�nts CITY SECRETARY ENGINEER
A-3 FT,WORTH,TX CITY
review and provide five (5) copies of the Final Technical Memorandum and one (1)
electronic copy to the CITY.
B. DESIGN PHASE: For the purposes of this Agreement, the final design phase is assumed to
include the Preliminary Design alternative selection of rehabilitation of the existing clay tile
underdrain system with reuse of the existing Aries air scour system. If another alternative is
selected in Preliminary Design, design modifications associated with the new alternative will be
an additional service. ENGINEER shall provide professional services in this phase as follows:
1. Participate in and direct five (5) combined project coordination meetings and site visits at
the VCWWTP with CITY staff and the design team for information exchange, collection of
detailed site information and documentation of existing conditions. Prepare agendas and
minutes, record action items and review progress to facilitate the exchange of ideas and
information for completion of the design. Meet independently with the project consulting
design team as required to develop detailed design documents.
2. Prepare drawings, specifications, design calculations, Construction Contract Documents,
designs, and layouts of improvements to be constructed (surveys to be furnished as
Additional Services, pursuant to Article II). Construction Documents will include Cityof Fort
Worth General Conditions, with remaining documents based on ENGINEER standard
documents, modified as required for compatibility. No pre-selection or pre-purchase is
contemplated for this project with the exception of the actuator pre-purchase described in
item A-5 above.
3. Improvements are assumed to include mechanical replacement, structural, electrical,
controls, SCADA and hydraulic improvement elements identified in the preliminary design
phase. Underdrain modifications are assumed to include the replacement of the existing
clay tile underdrain and Aries air scour grid with new plastic block underdrain and integrated
air scour.
4. Prepare preliminary and final process and instrumentation diagrams and proposed control
narrative descriptions for all equipment and filter operation. Instrumentation will include
local programmable logic controller design, control system block diagrams, input/output list,
and connection to the appropriate contact point in the instrumentation control network. Hold
a workshop at the 30% design level to review the proposed instrumentation diagrams,
control narratives and SCADA integration approaches. This workshop is anticipated to last
up to four (4) hours and will be held at the VCWWTP.
5. Prepare power distribution, one line diagrams, site routing, electrical room layouts, MCC
designs, system architecture designs and coordinate ongoing Supervisory Control and Data
Acquisition (SCADA) and Human Machine Interface (HMI) implementation work for this
project.
6. Advise CITY of need for and recommend scope of subsurface investigations, special
analysis, additional hydraulic model studies (beyond those identified in the Preliminary
Design phase), underwater exploration and mapping, etc, and the retention of special
consultants. The cost of such services shall be paid by CITY and are not included in the
services performed by ENGINEER.
7. Furnish CITY, when requested, the engineering data necessary for applications for routine
permits required by local, state and federal authorities. Preparation of applications and
supporting documents for government grants or for plannin adv is an Additional
Service.
OFFICIAL RECORD
L1 Resources\cbs\FNFTW\Vil1age Creek Filter Mods Attachments CITY SECRETAM GINEER
A-4 FT.WORTH,TX CITY
8. Submit drawings, specifications, and Construction Contract Documents to the applicable
federal and state agency(s) for approval, where required.
9. Furnish such information necessary to utility companies whose facilities may be affected or
services may be required for the Project.
10. ENGINEER will assist the CITY on any City Planning and Development Department code
and permit issues. Assist in inter-department coordination to facilitate obtaining Fort Worth
building permit. Anticipated assistance will include meetings with the Development
Department at approximately 60%and 90%completion stages. A total of two(2) meetings
are anticipated.
11. Provide for the consulting design team to conduct quality control reviews and
constructability reviews at the sixty percent (60%) and ninety percent (90%) design
completion levels. Facilitate and participate in up to two (2) quality control review
workshops with the CITY at the sixty percent (60%) and ninety percent (90%) completion
levels to review draft Contract Documents, and receive input from the CITY. Workshop
meetings are anticipated to last for a maximum of four (4) hours each and shall be
conducted at the VCWWTP. Incorporate CITY comments after the review and provide
documentation in a tabular format on how the comments have been addressed.
12. Prepare revised opinion of probable construction cost at the sixty percent(60%)and ninety
percent (90%) and final completion levels.
13. Prepare bidder's proposal forms(project quantities)of the improvements to be constructed.
14. Furnish CITY ten (10)sets of copies of drawings, specifications, and bid proposals marked
"Preliminary" for approval by CITY. Upon final approval by CITY, ENGINEER will provide
CITY ten (10)sets of copies and one (1) electronic copy(pdf format)of"Final"drawings. A
mylar cover sheet for signatures shall be provided after all comments have been resolved.
C. BID PHASE SERVICES. Upon completion of the design services and approval of "Final"
drawings and specifications by CITY, ENGINEER will proceed with the performance of services
in this phase as follows:
1. Assist CITY in securing bids. Issue a Notice to Bidders to prospective contractors and
vendors listed in ENGINEER's database of prospective bidders, and to selected plan
rooms. Provide a copy of the notice to bidders for CITY to use in notifying construction
news publications and publishing appropriate legal notice. The cost for publications shall
be paid by CITY.
2. Print up to twenty(20) sets (two [2]full size and eighteen [18] half-size) of Bid Documents
and distribute to selected plan rooms, and to prospective bidders that respond to the Notice
to Bidders. Upload bid documents to the CITY's electronic document management system
using Buzzsaw.
3. Maintain information on entities that have been issue a set of bid documents. Distribute
information on plan holders to interested contractors and vendors on request.
4. Assist CITY by responding to questions and interpreting bid documents. Prepare and issue
addenda to the bid documents to plan holders if necessary.
OFFICIAL.RECORD
CITY SECRETARY
I.\Resources\cnsJAF1W\VillageCreek Filter ModsAUachtnents T*N INEER
A-5 LT.WORTH, CITY
5. Assist the CITY in conducting a pre-bid conference for the construction projects and
coordinate responses with CITY. Response to the pre-bid conference will be in the form of
addenda issued after the conference. Attend the tour of the project site after the pre-bid
conference.
6. At CITY request, ENGINEER will assist CITY in the opening, tabulating, and analyzing the
bids received. Review the qualification information provided by the apparent low bidder to
determine if, based on the information available,they appear to be qualified to construct the
project. Recommend award of contracts or other actions as appropriate to be taken by
CITY. Pre-qualification of all prospective bidders and issuing a list of eligible bidders prior to
the bid opening is an additional service.
7. Assist CITY in the preparation of Construction Contract Documents for construction
contracts. Provide ten (10) sets of Construction Contract Documents which include
information from the apparent low bidders bid documents, legal documents, and addenda
issued as conformed for execution by the CITY and construction contractor. Distribute five
(5) copies of these documents to the contractor with a notice of award that includes
directions for the execution of these documents by the construction contractor. Provide
CITY with the remaining five (5) copies of these documents for use during construction.
Additional sets of documents can be provided as an additional service.
8. Furnish contractor copies of the Conformed Contract Documents for construction pursuant
to the General Conditions of the Construction Contract.
SECTION 2
ADDITIONAL SERVICES: Additional Services to be performed by ENGINEER, if authorized by CITY,
which are not included in the above described basic services, are described as follows:
A. Field surveying required for the preparation of designs and drawings.
B. Field layouts or the furnishing of construction line and grade surveys.
C. GIS mapping services or assistance with these services.
D. Making property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
E. Providing services to investigate existing conditions or facilities,or to make measured drawings
thereof, or to verify the accuracy of drawings or other information furnished by CITY.
F. Providing renderings, model, and mock-ups requested by the CITY.
G. Making revisions to drawings, specifications or other documents when such revisions are 1)not
consistent with approvals or instructions previously given by CITY or 2) due to other causes not
solely within the control of ENGINEER.
H. Providing consultation concerning the replacement of any Work damaged by fire or other cause
during the construction, and providing services as may be required in connection with the
replacement of such Work.
I. Investigations involving consideration of operation, maintenance and overhead expenses,and
the preparation of rate schedules, earnings and expense sta feasibility studies,
appraisals, evaluations, assessment schedules, an aerial audits ntories required for
certification of force account construction performe OVIF CUL REC�
.\Rcsouree�\chs\FNFl W\Village Creek Filter Mods Attachments CITY SECRETARY NGINEER
A-6 FT.WORTH,TX CITY
J. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
K. Providing shop, mill,field or laboratory inspection of materials and equipment. Observe factory
tests of equipment at any site remote to the project or observing tests required as a result of
equipment failing the initial test.
L. Conducting pilot plant studies or tests.
M. Preparing Operation and Maintenance Manuals or conducting operator training.
N. Preparing data and reports for assistance to CITY in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by
deposition,and preparations therefore before any regulatory agency, court,arbitration panel or
mediator.
O. Furnishing the services of a Resident Project Representative to act as CITY's on-site
representative during the Construction Phase. The Resident Project Representative will act as
directed by ENGINEER in order to provide more extensive representation at the Project site
during the Construction Phase. Through more extensive on-site observations of the work in
progress and field checks of materials and equipment by the Resident Project Representative
and assistants, ENGINEER shall endeavor to provide further protection for CITY against
defects and deficiencies in the work. Furnishing the services of a Resident Project
Representative is subject to the provisions Attachment RPR.
If CITY provides personnel to support the activities of the Resident Project Representative who
is ENGINEER or ENGINEER's agent or employee, the duties, responsibilities and limitations of
authority of such personnel will be set forth in an Attachment attached to and made a part of
this AGREEMENT before the services of such personnel are begun. It is understood and
agreed that such personnel will work under the direction of and be responsible to the Resident
Project Representative. CITY agrees that whenever ENGINEER informs him in writing that any
such personnel provided by the CITY are, in his opinion, incompetent, unfaithful or disorderly,
such personnel shall be replaced.
P. Furnishing Special Inspections required under Chapter 17 of the International Building Code.
These Special Inspections are often continuous, requiring an inspector dedicated to inspection
of the individual work item, and they are in addition to General Representation and Resident
Representation services noted elsewhere in the contract. These continuous inspection
services can be provided by ENGINEER as an Additional Service.
Q. Assisting CITY in preparing for, or appearing at litigation, mediation, arbitration, dispute review
boards,or other legal and/or administrative proceedings in the defense or prosecution of claims
disputes with Contractor(s).
R. Performing investigations, studies and analyses of substitutions of equipment and/or materials
or deviations from the drawings and specifications.
S. Assisting CITY in the defense or prosecution of litigation in connection with or in addition to
those services contemplated by this AGREEMENT. Such services, if any,shall be furnished by
ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this
AGREEMENT.
LORD C
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A-7 CITY
T. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting
assistance, and other assistance required to address environmental issues.
U. Performing investigations,studies,and analysis of work proposed by construction contractors to
correct defective work.
V. Design,contract modifications,studies or analysis required to comply with local, State, Federal
or other regulatory agencies that become effective after the date of this agreement.
W. Services required to resolve bid protests or to rebid the projects for any reason.
X. Visits to the site in excess of the number of trips included in Section 1 for periodic site visits,
coordination meetings, or contract completion activities.
Y. Any services required as a result of default of the contractor(s) or the failure,for any reason, of
the contractor(s) to complete the work within the contract time.
Z. Providing services after the completion of the construction phase not specifically listed in
Section 1.
AA. Providing basic or additional services on an accelerated time schedule. The scope of this
service include cost for overtime wages of employees and consultants, inefficiencies in work
sequence and plotting or reproduction costs directly attributable to an accelerated time
schedule directed by the CITY.
BB. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
CC. Providing services to review or evaluate construction contractor(s) claim(s), provided said
claims are supported by causes not within the control of ENGINEER.
DD. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
EE. Preparing statements for invoicing or other documentation for billing other than forthe standard
invoice for services attached to this professional services agreement.
FF. Provide follow-up professional services during Contractor's warranty period beyond those
identified in Section 1 Task E.
GG. Provide Geotechnical investigations, studies and reports.
HH. Providing Construction Phase Services, General Representation during construction and Post
Construction phase services including submittal reviews,operation and maintenance manuals,
facility startup assistance and typical services during construction.
OFFIGIAI-R ETARY
CITY SECR
L_:AkrsoWceskbs\F\Fl WVVil]age Creek Filter Mods Attachments �T.1NORTI41 TX ENGINEER
A-8 CITY
SECTION 3
TIME OF COMPLETION: ENGINEER is authorized to commence work on the Project upon execution
of this AGREEMENT and agrees to complete the services in accordance with the following schedule:
Preliminary Design and Design Report 4 months from Notice to Proceed
Final Design 8 months from Notice to Proceed
Bid Phase 3 months from Advertisement
If ENGINEER's services are delayed through no fault of ENGINEER, ENGINEER shall be entitled to
adjust contract schedule consistent with the number of days of delay. These delays may include but
are not limited to delays in CITY or regulatory reviews, delays on the flow of information to be provided
to ENGINEER, governmental approvals, etc. These delays may result in an adjustment to
compensation as outlined on the face of this AGREEMENT and in Attachment B.
SECTION 4
DESIGNATED REPRESENTATIVES: ENGINEER and CITY designate the following representatives:
CITY's Designated Representative Farida Goderya
1000 Throckmorton Street
Fort Worth, Texas 76102
817-392-8214
E-mail: Farida.Goderya @fortworthgov.org
ENGINEER's Designated Representative David R. Jackson, P.E., BCEE
4055 International Plaza, Suite 200
Fort Worth, TX 76109
Phone: 817-735-7300
E-mail: dri @freese.com
ENGINEER's Accounting Representative Jana Collier
4055 International Plaza, Suite 200
Fort Worth, TX 76109
Phone: 817-735-7300
E-mail: Ivc @freese.com
rorrICIAL RECORD
SECRETARY
WORTH,TX
I..ARezumres\cbs\F\FFWVVillage Creek Filter Muds Attachments _._. ENGINEER
A-9 CITY
ATTACHMENT B
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR
ENGINEERING SERVICES FOR DESIGN OF THE VILLAGE CREED DEEP BED MEDIA
FILTERS MODIFICATIONS
COMPENSATION
COST TIMES MULTIPLIER WITH MAXIMUM FEE
A. Not to Exceed: The total fee for Basic Services in Attachment SC shall be computed on the basis
of the Schedule of Charges but shall not exceed Eight Hundred Thousand Seven Hundred Fifty
Dollars($800,750). If ENGINEER sees the Scope of Services changing so that Additional Services
are needed, including but not limited to those services described as Additional Services in
Attachment A, ENGINEER will notify CITY for CITY's approval before proceeding. Additional
services shall be computed based on the Schedule of Charges.
B. Schedule of Charges:
Staff Member Salary Cost Times Multiplier of 2.12
Resident Representative Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen,
clerks, laborers, etc., for the time directly chargeable to the project, plus social security
contributions,unemployment compensation insurance, retirement benefits, medical and insurance
benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. (Salary Cost
is equal to 1.632 times payroll. This factor is adjusted annually).
Other Direct Expenses Actual Cost Times Multiplier of 1.10
Subconsultant Expenses Actual Cost Times Multiplier of 1.10
Other direct expenses shall include outside printing and reproduction expense, communication
expense, travel, transportation and subsistence away from the ENGINEER office and other
miscellaneous expenses directly related to the work, including costs of laboratory analysis,test,and
other work required to be done by independent persons other than staff members. For Resident
Representative services performed by non-ENGINEER employees and CAD services performed In-
house by non-ENGINEER employees where ENGINEER provides workspace and equipment to
perform such services, these services will be billed at cost times a multiplier of 2.0. This markup
approximates the cost to ENGINEER if an ENGINEER employee was performing the same or
similar services.
0frICIAI.RECORD
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CITY a CR -TAP*
TX
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Rates for In-house Services
Computer Printing
$10.00 per hour Black and White
$0.10 per copy
Plotter Color
Bond $ 2.50 per plot $0.50 per copy
Special $ 5.00 per plot
Color $ 5.75 per plot Bindinci
$5.75 per book
Testing Apparatus
Density Meter $700.00 per month
Gas Detection $ 20.00 per test
3-10-04
rofFIFICIAL RECORD
SECRETARY
WORTH, TX
L.Akesnurces\chs\NPI W\Village Creek Filter Mods Attachments
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B_2 CITY
ATTACHMENT C
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR
ENGINEERING SERVICES FOR DESIGN OF THE VILLAGE CREED DEEP BED MEDIA
FILTERS MODIFICATIONS
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES
None.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
I..AKcsuaa�es\chs\[Wl WVVillage Creek Filter Muds Attachments INEER
C-1 CITY
ATTACHMENT D
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR
ENGINEERING SERVICES FOR DESIGN OF THE VILLAGE CREED DEEP BED MEDIA
FILTERS MODIFICATIONS
PROJECT SCHEDULE
TIME OF COMPLETION: ENGINEER is authorized to commence work on the Project upon execution
of this AGREEMENT and agrees to complete the services in accordance with the following schedule:
Preliminary Design and Design Report 4 months from Notice to Proceed
Final Design 8 months from Notice to Proceed
Bid Phase 3 months from Advertisement
If ENGINEER's services are delayed through no fault of ENGINEER, ENGINEER shall be entitled to
adjust contract schedule consistent with the number of days of delay. These delays may include but
are not limited to delays in CITY or regulatory reviews, delays on the flow of information to be provided
to ENGINEER, governmental approvals, etc. These delays may result in an adjustment to
compensation as outlined on the face of this AGREEMENT and in Attachment B.
rV1 RETpo►RY
R TR+TX
1.-AResuurreskbs\H\F hWVVillage Creek Filter Muds Attachments ENGINEER
D-1 CITY
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/25/2011
DATE: Tuesday,January 25,2011 REFERENCE NO.: **C-24703
LOG NAME: 60VILLAGE CREEK WWTP DEEP FILTERS —DESIGN
SUBJECT:
Authorize an Engineering Agreement in the Amount of$800,750.00 with Freese and Nichols, Inc.,to Design
Village Creek Wastewater Treatment Plant Deep Bed Media Filters (1 through 20)Modifications (COUNCIL
DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Freese and Nichols,Inc.,in the amount of$800,750.00 to design the Village Creek Wastewater
Treatment Plant Deep Bed Media Filters (1 through 20)Modifications.
DISCUSSION:
The Village Creek Wastewater Treatment Plant(VCWWTP)is a 166 million gallon per day activated sludge
system comprised of primary, secondary and tertiary treatment,chlorine disinfection and de—chlorination.
Generally more than half of the existing facilities are more than 25 years old, and some facilities still in use
are over 50 years old.
Filtration is employed at the VCWWTP as a tertiary treatment process for reduction of Total Suspended
Solids(TSS),Biological Oxygen Demand(BOD)and turbidity. The VCWWTP has two filtration trains;
Filters 1 through 20 are deep bed granular media filters and Filters 21 through 32 are traveling bridge filters.
This project is focused on the Deep Bed Media Filters (1-20), which represents approximately 60 percent of
the tertiary filtration capacity of the plant. These 20 filters at the VCWWTP were designed and constructed in
two phases; 1977(1-14) and 1985 (15-20). An Aries—type surface air scour system was added by plant staff
in 2000. A report was also recently completed by Carollo Engineers,P.C.,for the VCWWTP Deep Media
Filter Condition Assessment(July 2010);in which short term and long term alternatives were identified for
Rehabilitation and Modifications.
In short,the Deep Filters (1-20)are experiencing maintenance problems,capacity degradation, and reduced
filter water quantity and quality. Known issues with the filter complex include: leaking filter influent and
wastewater dump valves; continuous waste washwater pumping and associated pump wear due to leaking
valves;inability to isolate the filter influent channel,inlet valves and waste washwater channel, thus limiting
maintenance access;media loss issues associated with backwash and air scour difficulties;reduced reliability
of the air scour system to provide even and complete washing of the filter media;reduced hydraulic
throughput and reduced effluent quality; and older controls and instrumentation systems requiring labor
intensive manual operations. This design modification will address all these issues.
Freese and Nichols, Inc.,proposes to perform the necessary design work for a fee not to exceed$800,750.00.
City staff considers this fee to be fair and reasonable for the scope of services proposed.
Freese and Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to a 30 percent
M/WBE participation. The City's goal on this project is 27 percent.
In addition to the contract amount, $50,000.00 is required for project management and associated staff time
for the Water Department.
This project serves the entire City and is located in COUNCIL DISTRICT 5,MAPSCO 68N.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the Sewer Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
P275 531200 701300162830 $800.750.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S.Frank Crumb (8207)
Additional Information Contact: Farida S. Goderya (8214)
ATTACHMENTS
1. 60Village Creek WBE COMPLIANCE VC WWTP Deep Filters Design.pdf
2. 60VILLAGE CREEK WWTP DEEP FILTERS —DESIGN FAR.12
3.fundingverification.doc
4.Village Creek Location Map2.pdf
Fort Worth Village Creek Filter Improvements
No Pre-Design Option-Project Schedule
ID Task Name Duration Start Finish Predecessors 2011 12012
let Quartet 2nd Quartet 3d Quarter 4th Quarter 1st Quarter
Jan Feb Mar Apr May Jul, Jul Aug Se Oct Nov Dec Jan Feb
1 PRE DESIGN DESIGN PHASE 92 days Fri 2/18111 Fri 5/20111
2 Project Initiation Meeting 1 day Fri 2/18/11 Fri 2118111 2118
3 Hydraulic Evaluafon Filter Isolation and Mechnical 65 days Sat 2119/11 Sun 4124/11 2
4 Present results to FWWD in brief workshop(No TM) 1 day Mon 4125111 Mon 4/25/11 3
5 Filter Performance and Pilot Test(setup,testing, per 90 days Sat 2/19/11 Thu 5/19111 2
6 Present results to FWWD In brief vorkshop(No TM) 1 day Fri 5/20/11 Fri 5/20/11 5
] Near Term Actuator Replacements(hlters 1-16) 30 days Sat 2/19/11 Sun 3/20/11 2 e:
9 FINAL DESIGN PHASE 189 days Mon 3121/11 Sun 9/25111]
10 Prepare 30%P&IDs and Control Narratves 70 days Mon 3121/11 Sun 5129/11
11 Preparation of 60%QC Submittal 100 days Mon 3/21/11 Tue 6/28/117
12 FNI 60%QC Meeting&Incorporate Comments ]days Wed 6129/11 Tue 715/11 11
73 60%Client QC Workshop 7 day Wed 716/11 Wed 7/6/11 12
716
14 Preparation of 90%QC Submittal 60 days Thu 79/11 Sun 9/4/11 13
15 FNI 90%OC Meeting&Incorporate Comments ]tlays Men 9/5111 Sun 9/11/11 14 ♦ -
16 90%Client QC Workshop 1 day Mon 9/12/11 Mon 9/12/11 15 2
17 ire.T.one Client C mments 12 days Tue 9/13/11 Sat 9124111 16
18 Sealed Plans and Specs 1 day Sun 9125/11 Sun 9125111 17
19
20 ADVERTISEMENT AND BID PHASE 99 days Mon 9 126111 Mon lIV12
21 Ativertlsement Date 1 day Mon 9/26111 Mon 9126/11 18 :t 9126
22 Advertisement Period 30 tlays Mon 9/26111 Tue 10125/11 18
23 B'tl Opening 1 day Tue 10125/11 Tue 10125/11 22FS-1 day 10/25
24 Bid Tabul t n and Contra t E ecution Period 60 days Wed 10126/11 Sat 12/24111 23
25 Notice of A and 1 day Sun 12/25/11 Sun 12/25111 24
1T/25
26 Executed Document Prep ]tlays Mon 12/26111 Sun 1/1/1225
27 Notice M Proceed 1 day Mon 1/2112 Mon 1/2/12 26 1/2
OFFICIAL RECORD
CITY SECRETARY
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