HomeMy WebLinkAboutContract 45596 CONT
CITY SEC O
CITE" OF F'O T WORTH, TEXAS
STANDARD AGREEMENT F ENGINEERING INN RELATED DESIGN SERVICES
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This AGREEMENT is between the City of Fort Worth, a Texas hone-rule
municipality lity the "CITY"), and Gupta and Associates Inc.,, authorized to do business in
Texas, (the "E ''GINEER"), for a PROJECT generally described as Power System and
Arc Flash Study at Water Treatment and Pumping Facilities.
Article I
Scope of Services
A. The Scope of Services, is ,set forth in Attachment A.
Article 11
Compensation
A. The E GINEE 's compensation shall be in the amount of $749,398.00 as
set forth in Attachment B.
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Article III
Terry of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
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(1) The Engineer shall provide the Cite sufficient documentation, including but j
not limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
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(2) The ENGINEER will issue monthly invoices for all performed work
p ed under this
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AGREEMENT. Invoices are due and payable within 30 days of receipt.
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(3) Upon completion of services enumerated in Article I,, the final payment of 1
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PI MO official Release Date:.1128/2013 1 T Y SM C R Fri, 11,
Page 1 of 16
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(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 ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until 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 1V
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.
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Standard Agreement for Engineering Related Design Services
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(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.
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,
whefher 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
City of Fort Worth,Texas
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PMO official Release Date:1/2812013
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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.
(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
City of Fort Worth,Texas
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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.
1. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort worth Business Diversity ordinance No.
20020-122011, as amended, the City has goals for the participation of
minority business enterprises and/or small business enterprises in City
contracts. Engineer acknowledges the MBE and SBE goals established for
this contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
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
City of Fort Worth,Texas
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PMO official Release Date:1/28/2013
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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, if any.
This insurance shall apply as primary insurance with respect to
any other 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, prod uctslcompleted 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
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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 each year following completion of the contract.
(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 terra 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.
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PMO official Release Date:1128/2013
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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,
1400 Th rockmorton, Fort Worth, Texas 70102.
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 Is 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 with or
prior to the date of the contractual agreement. The certificate of
insurance shall 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.
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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
specifications, as required, at its own cost and expense. However, if design
changes are required due to the 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
City of Fort worth,Texas
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PMO official Release Date:1/28/2013
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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.
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PMO Official Release Date:1/28/2013
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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.
B. 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
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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 entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(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.
1, 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.
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Standard Agreement for Engineering Related Design Services
PMO official Release Date:1/28/2013
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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 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 ENGINEERSs performance of its
obligations hereunder.
DR 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;
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PMO official Release Date:1/28/2013
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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- be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Fork
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 ENG I NEER's personnel and subcontractors,
and ENG I NEER's compensation will be made.
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.
City of Fort Worth,Texas
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PMO official Release Date:1/28/2013
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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 provisions 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 Vl.l. 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 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.
Article V11
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
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PMO official Release Date:1/2812013
Page 15 of 16
Executed and effective this the 15 day of April, 2014.
BY: Y-21
CITY OF FORT WORTH ENGINEER
Gupta and Associates Inc.
aFe r n a n 4PC a VK Gupta-"'011"
Assistant City anag President
te:
Da digs Date 1,14, A,
APPROVAL RECOMMENDED:
Z
By.-1
S. Frank Crumb, F.E.
Director, Water Department
APPROVED AS TO FORM AND M&C No.:
LEGALITY
00
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By:
D bjE -W. Black
Assistant City Attorney
ATTEST:
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City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Cate:1/28/2013 OFFICIAL REC RD
Page 16 of 116
CITY SECREPTARY
Fre I X, 0,' R TH IN 11)(
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City of Fort Worth Water Department
Water Facilities Power System Studies (Arc Flash)
Attachment "A" — Scope of Services
..........
BACKGROUND
The City of Fort Worth Water Department water plants and pump stations have been modified
and expanded with numerous capital projects over many years. Over the last fifteen years, most
new pumping and treatment facility projects that included electrical equipment installatoins have
required short circuit and coordination studies, generally provided in paper copy format as a shop
drawing. Over the last five years, many projects have also included an arc flash hazard analysis
followed by field labeling of equipment.
The pupose of this project is to provide:
• Updated facility short circuit study and protective device coordination
• Arc Flash Hazard Studies
• Field labeling of arc flash hazards
• Staff training on arc flash safety and SKM PowerTools software
The short circuit and coordination studies and arc flash hazard analysis shall be performed from
the utility primary source of connection down to 480 volt motor control centers and 120 volt
branch panels. Facilities to be analyzed include the list shown in the following table........
.............
............................ ........
Facili Address .; ESID
Rolling Hills WTP and HSPS 2500 Southeast Loop 820 10443720002981069
North Holl WTP and HSPS 1000 Fournier Street 10443720006249711
South Holly WTP and HSPS 1500 11th Avenue 10443720002980914
Eagle Mountain WTP and HSPS 6801 Bowman Roberts 10443720006635630
10443720007826648
10443720007826679
10443720009515064
10443720009515095
10443720009602887
Eagle Mountain Raw Water Pump 8619 Eagle Mountain Cr. 10443720006647131
Station No. 1 and No. 2 10443720007845589
10443720007845682
10443720007845713
10443720009602794
10443720009514971
10443720009515002
Clear Fork Raw Water Pump Sta. 1500 Old University Dr. 10443720002980976
Alta Mesa Pump Station 4328 Alta Mesa Blvd. 10443720005597035
Como Pump Station 5920 Blackmore Ave. 10443720008553905
Cantrell Sansom Pum Station 1200 Cantrell Sansom Rd. 10443720005596911
Fleetwood PYTP Station 15201 FAA Blvd. 10443720005597159
Jenkin Heights Pump Station 6113 Shad dell Dr. 10443720005597004
McCart Pump Station 8889 McCart Ave. 10443720008159895
Sendera Pum Station 14391 John Day Rd. 10443720008647742
Stagecoach Pum Station 8608 West Freeway 10443720009207667
Westland Pum Station 11066 Dorfan St. 10443720002981596
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ASSUMPTIONS
In developing the scope of work and associated task budgets discussed in this proposal, OAl has
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made the assumptions outlined below:
1. Existin g short circuit and coordination studies at these facilities will be provided to the
Engineer.
2. City of Fort worth will make electrical personnel available to provide access to all
facilities and equipment, including opening electrical cabinets and enclosures.
3. City of Fort Worth will provide authorization for Oncor(or other electrical service provider)
to share account information with Consultant.
4. Consultant will assist City in selecting software, but is not responsible for purchasing,
licensing, or installing any computer software.
SCOPE OF WORD
BASIC SERVICES SECTION
TASK 1.0—PROJECT MANAGEMENT
objective
T active project management for the work to be performed.
To provide pro P � 9
Methodol.9gy
Project Management: A detailed project plan, including task definitions, work scope, and
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schedules will be developed and distributed to project team members.
Monthly Progress ress Meetings will be held to provide routine and formal review of project schedule
and status. Various submittal review workshops may be held in conjunction with these Monthly
Progress Meetings to avoid repetitious meetings.
Notify Oncor of study and establish key contacts for project coordination. Any costs from Oncor
associated with this study shall be the responsibility of the City.
Staff will p rovide all existing power system studies and one line diagrams in electronic format
(pdf)or Paper copy.
Conduct a j roect kickoff meeting that will include COFW staff members from both operations and
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engineering. The purpose of this meeting will be:
• Review the overall project goals, needs, methods, and constraints.
• Identify team members and their responsibilities
• Establish lines of communication.
• Identify support needed from COFW.
• Review availability of existing documentation such as one-Line Diagrams, O&M
Manuals, existing power system studies, etc., and identify other data needs.
• Review the preliminary Project schedule showing major task milestones.
• Schedule interim meetings.
• Identify factors that are critical to the success of this project
• Explain arc flash, the associated hazards, and owner responsibilities.
• The p rocess to prepare and complete a facility short circuit, coordination, and arc flash
study.
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• Describe theory, model computational techniques, required inputs, assumptions utilized,
system configurations, explanation of model outputs, and a synopsis of applicable code
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and safety guidelines.
Deliverables
The followin g deliverables will be submitted to city of Fort worth at the completion of the above
listed activities:
• Meeting Agenda.
• Meeting Minutes.
• Team organization chart.
TASK 2.0—POWER STUDY
TASK 2.1 —Site Visits and Investigations
Objectives
This task will involve involve a series of site visits and office review of various sources of
documentation to obtain current as-built installation of electrical distribution and controls.
Methodology
Review existing short circuit protective device coordination, arc flash hazard studies, and existing
one fine diagrams provided of all facilities to be analyzed. This will include:
• A review of available as-built drawings and documentation including single line diagrams
• Data collected from previous studies if available
• Relay testing and setting sheets as needed.
• O&M documentation as needed.
• Field verification as required to complete the requested studies.
F field check accuracy of existing one line diagrams, updating as appropriate. Gather equipment
data as necessa ry to build a software model of the facility's power system.This will include:
• Cable sizes and lengths.
• Protective device sizes and settings.
• Transformer sizes and impedances.
• Motor sizes and types.
• Photographic documentation of installed equipment, noting any physical isolating barriers
present.
• other information necessary to complete an accurate analysis.
Staff electricians will be available to assist in providing field data, in the opening of electrical
equipment and panels, and in coordinating outages necessary to obtain field data.
Perform a visual assessment of the electrical equipment at those facilities during the data
collection task. It is the team's opinion that this type of assessment is essential as part of an
1l effort to identify any potential safety issues. The results of the assessment and
overall f Y
recommendations will be included in the overall study document.
Review results of field data collection with staff in a series of workshops. These will..
• Identify holes in collected data and develop plans on how to obtain the missing data.
• Provide status of progress made in performing site work.
• Review serious issues of potential safety concerns identified during site work.
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Our data collection process will be conducted by several electrical engineers and designers. To
achieve data uniformity and consistency, the team will develop and use standardized equipment
datasheet forms.
Deliverables
Not only will the raw data collected be turned over to City of Fort worth, but updated one-line
diagrams CADD files and equipment schedules will be provided for future reference as well.
An inventory of equipment and systems surveyed will be compliled and provided to City of Fort
Worth for review. The inventory will be provided as a Microsoft Excela spreadsheet. Digital
formatted photographs will be provided in JPEG format.
The following deliverables will be submitted to City of Fort Worth at the completion of the above
listed activities:
• one line diagrams of all facilities included in the study in AutoCad format.
• System inventory.
• Description of site conditions.
• Meetings minutes from workshops.
TASK 2.2—Prepare Preliminary Power Study
objectives
Prepare a preliminary short circuit, protective device coordination and arc flash hazard study for
each facility. Arc flash analysis shall include incident energy levels, arc flash protection boundary
distance, hazard risk category, and required protective clothing.
Methodg!pgy
The modeling will be done using PowerToolsTm by SKM Systems Analysis.
Perform internal peer review of the input data, modeling, and preliminary results.
GAI will utilize a multi-step review process for this report:
• First, a draft version of the document will be submitted for review by City of Fort Worth.
• Two weeks after submitting the draft documents, GAI will conduct a 2-hour meeting to
review the draft reports with City of Fort Worth and answer any questions about the
content. This initial review meeting may be held in conjuction with a monthly progress
meeting to avoid repetitive meetings, and the reports for several similar facilities may be
incorporated into the same meeting.
• City of Fort Worth will then review the documents within two weeks will provide written
review comments to GAI.
• once GAI has received City of Fort Worth's written review comments, GAI will conduct a
meeting to discuss the comments with City of Fort worth. GAI will prepare a formal
response to each written comment made by City of Fort Worth. This meeting will be in
addition to the monthly progress meetings. It is anticipated that the meetings for the
pump stations will each cover reports for multiple locations.
• Modifications necessitated by these comments will then be incorporated into the draft
reports.
Deliverables
Provide a draft final report, documenting:
• Protective equipment settings that need to be modified
• over current protective devices with inadequate short circuit current interrupting ratings
• Equipment locations with dangerous incident energy levels.
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• Recommendations on improvements to reduce or mitigate areas of high hazard risk
Conduct a set of review meetings with City of Fort Worth Staff:
• Review preliminary results for each site.
• Identify areas of concern related to lack of detailed data.
• Identify areas of excessive arc flash hazards.
TASK 2.3—Prepare Final Power Study Report
Ob'ectives
This task will finalize the Power Study Report.
Methodology
GAI will incorporate all necessary comments from City of Fort Worth staff and internal quality
reviews based on the draft report submittal.
• Two weeks after submitting the final document, GAl will conduct a two hour meeting to
review the document with City of Fort Worth and answer any questions about the content.
This review meeting should be held in conjuction with a monthly progress meeting to
avoid repetitive meetings.
Deliverables
The following deliverables will be submitted to City of Fort Worth included in the engineering
report:
• Raw field data, equipment schedules, and equipment condition assessment.
• One-Li.ne Diagrams.
• Protective Device Coordination Curves.
• Arc Flash Hazard Report, including a PPE table that defines the PPE classes and
clothing descriptions identified in the reports and labels
• Preliminary recommendations for improvements and options for mitigating those
locations that have been determined to present a hazardous level of arc flash energy
along with preliminary opinions of probable construction costs
Based on comments received at the workshop, finalize the report, providing to City in both hard
and electronic copies.
Opinions of probable construction costs are engineering estimates and are not warranted.
TASK 3.0—Field Labeling
Obiectives
Provide and install ASTM compliant environment and chemical resistant arc flash hazard warning
labels per NEC Section '11 0.'16.
Methodolo
GA[will provide sample labeling to City of Fort Worth for review and approval of wording.
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Following final approval of labeling, GAl will install labels on all electrical distribution and controls
equipment from the utility primary source of connection down to 480 volt motor control centers
and 120 volt branch panels.
Deliverables
Bus Labels will be generated for each fault location. The label will include:
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• A summary of the flash boundary.
• Incident energy.
• PPE classification.
• Limited, Restricted, and Prohibited Approach boundaries based on the nominal system
voltage.
Labels will be installed directly on the equipment.
TASK 4.0—Training
Cbectives
Provide safety training for entire Water Department electrical and instrumentation staff.
The City plans on purchasing a network license of SKM PowerTools software, including:
0 "DAPPER" module for load flow and voltage drop analysis.
• "CAPTOR" module for coordinating protective device settings.
• Arc Flash Evaluation module for calculating incident energy and protective boundaries.
Consultant will provide the city with data files of the finished facility studies and train the staff on
how to utilize the software, how to update the studies should equipment be modified, how to
develop a new study, and how to develop reports from the software.
Methodoloo
Training will be conducted on multiple dates in order to minimize impacts on operations and
maintenance of facilities. Training will be conducted in two different classes:
• SKM Software
Goal: How to use the software; how to modify and add to the study; how to develop a
new study; how to develop reports. The training class will utilize City-owned equipment
and software. This training will have two topics;
• Use of SKM, including licensing restrictions
• Manipulating the individual power study models from each of the power systems
• Safety Training
Goal; Help CCFW employees to work more safely, recognize the potential for hazardous
locations, and apply proper safety techniques and tools.
• Arc Flash understanding
• Tools, Safety procedures
• Mitigation techniques and procedures
Deliverables
Training guides and copies of SKM modeling files for each site.
SPECIAL SERVICES SECTION
None identified at this time
FEE
The scope of work defined above is to be performed on a fixed fee basis as shown in Attachment
"B"—Compensation.
6 of 6
City of Fort Worth
Water System Electrical Power Studies
Attachment"B"-Compensation
Rolling Hills WTP & HSPS(by CDMS $ 227,425
North Holly WTP and HSPS (by FNI) $ 107,453
South Holly WTP& HSPS(by FNI) $ 73,869
Eagle Mountain WTP & HSPS $ 104,639
Eagle Mountain Raw Water Pump Station 1&2 $ 46,591
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Clear Fork Raw Water Pump Station $ 15,892
Alta Mesa Pump Station $ 15,892
Como Pump Station $ 15,504
Cantrel Sansom Pump Station $ 10,096
Fleetwood Pump Station $ 10,096
Jenkin Heights Pump Station $ 10,096
McCart Pump Station $ 10,096
Sendera Pump Station $ 10,096
Stagecoach Pump Station $ 10,096
Westland Pump Station $ 10,096
Additional Tasks $ 71,456
Total Scope $ 749,398
4/28/2014 Page 1of 1
City of Fort Worth Water Department
Water Facilities Power System Studies (Arc Flash)
Attachment "C" — Amendments to Standard
Agreement for Engineering Services
Not Applicable
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DATE(MMIDDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE 4/9/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:. If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
CONTACT Bryan R Hadar
PRODUCER NAME:
McLaughlin Brunson Insurance Agency, LLP PHONE 214} 503-1212 No:(214} 503-8899
12801 North Central Expressway AIC No.
E-MAIL.
Suite 1710 ADDRESS:
Dallas TX 75243 INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Travelers Indemnity Company 25658
INSURED INSURER B:Travelers Lloyds Ins. compaLiy company 41262
Gupta & Associates, Inc. 19038
INSURER C:Travelers Casulat & Surat Co.
13626 Gamma Road INSURER D:AXIS Insurance Com an 37273
Dallas TX 75244 INSURER E
INSURER F: L
COVERAGES CERTIFICATE NUMBER:Cart ID 24550 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE g POLICY NUMBER MMIDDIYYYY MMIDDIYYYY
GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
DAMAGE TO RENTED 2,000,000
B X COMMERCIAL GENERAL LIABILITY Y Y PACP5035M775 6/27/2013 6/27/2014 PREMISES Ea occurrence $
CLAIMS-MADE 1:0 OCCUR MED EXP(Any one person) $ 3.01000
PERSONAL&ADV INJURY $ 2,000,000
GENERAL AGGREGATE $ 4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000
PRO- LOG
POLICY MX JECT
A COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY accident) 1,000,000
Ea
A X ANY AUTO Y Y BA503SM06A 6/27/2013 6/27/2014 BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS PROPERTY DAMAGE
NON-OWNE❑ $
HIRED AUTOS AUTOS Per accident
A X UMBRELLA LIAB X OCCUR Y Y CUP0449T154 6/27/2013 6/27/2014 EACH OCCURRENCE $ 11000,000
EXCESS LIAR CLAIMS-MADE AGGREGATE $ 11000,000
DED RETENTION$ $
WORKERS COMPENSATION X WC STATU- OTH-
C AND E M P LOYERS'LIABILITY YIN Y UB5697Y826 4/5/2014 4/5/2415 O LI 5 E
ANY PRO PRIETORIPARTNERIEXECUIIVE E.L.EACH ACCIDENT $ 1■❑00.000
OFFICERIMEMBER EXCLUDED? ❑ NIA
Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,0000000
If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1■0 0 0■0 0 0
DESCRIPTION OF OPERATIONS below
D Professional Liability N Y MBZ778916/01/2014 1/17/2014 1/17/2015 Per Claim $ 21000■000
Annual Aggregate $ 4■000■000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
The claims made professional liability coverage is the total aggregate limit for all claims
presented within the policy period and is subject to a deductible. Thirty (30) day notice of
cancellation in favor of certificate holder on all policies. The City of Fort Worth include its
employees, officers, officials, agents, and volunteers as respects the contracted services are named
as additional insureds on the general, auto and umbrella liability coverages as required by
contract. A waiver of subrogation is shown in favor of the additional insured on all policies. RE:
City of Fort Worth Water Department Water Facilities Power System Studies (Arc Flash)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City. of Fort Worth
1000 Throckmorton AUTHORIZED REPRESENTATIVE
A
•1�
Fort Worth TX 76102
1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
Page 1 of 1
1111&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
C 04 FoRTIVoRm
ITT COUNCIL AGENDA
COUNCIL ACTION: Approved on 411612014
REFERENCE **C_26770 LOO NAME: 60POWER SYSTEM AND
DATE. 4/1 5/2014 NO.: ARC FLASH STUDY
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Engineering Agreement with Gupta &Associates, Inc., in the
Amount of$749,398.00 for the Power System and Arc Flash Study at Various Water
Treatment and Pumping Facilities (ALL COUNCIL DISTRICTS)
RECOMMENDATION;
It is recommended that the City Council authorize the execution of an Engineering Agreement with
Gupta &Associates, Inc., in the amount of$749,398.09 for the Power System and Arc Flash Study at
various water treatment and pumping facilities.
DISCUSSION:
A facility power system and arc flash study is designed to protect Staff personnel and equipment by
minimizing the potential fault currents, tuning protective devices, and alerting Staff to arcflash hazards
by providing informational labels on all panels that include site specific required personnel protective
equipment.
As part of this project, a power system and arc flash study will be performed at the Rolling Hills, Holly,
and Eagle Mountain dilater Treatment Plants and High Service Pump Stations. In addition, the study
will include three raw water pump stations as well as nine booster pump stations. Furthermore, Gupta
&Associates, Inc., will provide Staff training on the computer analysis software so that the studies
can be updated by Staff in the future. Completion of this study should reduce the risk of damage to
electrical equipment resulting from short circuits and help protect Staff by providing equipment labels
containing are flash information and required personal protective equipment.
MiWBE Office - Gupta &Associates, Inc., is in compliance with the City's BDE ordinance by
committing to 15 percent SBE participation on this project. The City's SBE goal on this project is 15
percent. Additionally, Gupta &Associates, Inc., is a certified M1WBE firm.
FISCAL INFORMATIONiCERTiFICATION:
The Financial Management Services Director certifies that funds were not specifically budgeted for
this project in Fiscal Year 2014, however, the department has identified current year savings to offset
the full cost.
TO Fund/AccountlCenters FROM Fund/AccounVCenters
PE45 531 200 0605001 $749,398.00
Submitted for City Manager's office b Fernando Costa (6122)
Oriclinating Department Head; S. Frank Crumb (8207)
Additional Information Contact; Chris Harder(8293)
http-,//apps.cfwnet.org/council_packet/mc-rev*lew.asp.?ID=l 9632&councildate=4/15/2014 5/1/2014