HomeMy WebLinkAboutContract 29740 CITY SECRETARY
CON T R A C T NE0 _ c7 UC,
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Chiang, Patel &
Yerby, Inc,, (the"ENGINEER"),for a PROJECT generally described as: UPDATES OF OCAS AND
RMP SUBMITTALS.
Article I
Scope of Services
1. The Scope of Services is set forth in Attachment A.
Article II
Compensation
1. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
1. Invoice and Payment
(1) The ENGINEER shall provide the CITY sufficient documentation to
reasonably substantiate the invoices.
(2) Monthly invoices will be issued by the ENGINEER 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 ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving seven (7) days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. 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.
FY
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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 fumished 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.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible plastic film sheets, 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
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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 PENGINEER to make exhaustive or continuous
on-site inspections to discover latent defects in thework or otherwise
check the quality or quantity of the work on the PROJECT. If, for any
reason, the ENGINEER should make an on-site observation(s), on the
basis'-of such on-site observations,if any, the ENGINEER shall endeavor
to keep the CITY Informed of any deviation from the Contract Documents
coming to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials. systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be
entitled to rely upon such certification to establish materials, systems or
equipment and performance criteria to be required In the Contract
Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(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 qualify 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 complied and fumished 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 (MAWBE) participation
In accord with City of Fort Worth Ordinance No. 11923, 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 commitment -to meet that goal. 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 three (3)
years after final payment under this contract, have access to and the
right to examine and photocopy any directly pertinentbooks, 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 three (3) years after final payment
under the subcontract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records
of such subconsultant, involving 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 subconsuftant agree to photo copy, 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.
lC ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificates) of insurance documenting
policies of the following coverage at minimum limits which are to be in effect
prior to commencement of work ori the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident(or reasonably equivalent limits of coverage if written
` on a split limits basis). Coverage shall be on any vehicle used.in the course of
the PROJECT.
Workers Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease-policy limit
$100,000 disease-each employee
Professional Uability
$1,000,000 each claim/annual aggregate
(2) 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.
(a) 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.
(b) Certificates) of Insurance--shall document that insurance
coverages specified according to items section K.(1) and K(2) of
this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation, non-renewal
or material change in coverage shall be provided to the CITY. A
ten (10) days notice shall be acceptable in the event of non-
payment of premium. Such terms shall be endorsed onto
ENGINEER's insurance policies. Notice shall be sent to the
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respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the
state of Texas or be otherwise approved by the CITY; and, such
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(f) Deductible limits, or self insured retentions, affecting insurance
required herein may be acceptable to the CIN at its sole
discretion; and, In lieu of traditional Insurance, any alternative
coverage maintained through Insurance pools or risk retention
groups must be also approved. Dedicated financial resources or-
letters of credit may also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) 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.
(1) The Commercial General liability insurance policy shall have no
exclusions by endorsements unless such.are approved by the
CITY.
(j) The Professional Liability Insurance policy, If written on a claims
made basis shall be maintained by the ENGINEER for a minimum
two (2) year period subsequent to the term of the respective
PROJECT contract with -the CIN .unless such coverage is
provided the ENGINEER on an occurrence basis,
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement It is understood
that insurance cost is an allowable component of ENGINEER's
overhead.
(1) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis
in order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
insurance coverage is maintained by subconsultants, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
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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 which 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
ENGINEER will,df requested, assist the CITY In obtaining the services of
a qualified subcontractor to manage the remediation activities of the
PROJECT.
O. Permitting Authorities -Design Changes
If 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 amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Fumished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY except when verification is necessary to insure
the proper delivery of services to be performed.
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B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perform, at no cost to the ENGINEER, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required 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 forthe 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
In Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing
of the ENGINEER's services or of any defect In the work of the ENGINEER or .
construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release ENGINEER and its officers, employees, and subcontractors from
all claims, damages, losses, and costs, including, but not limited to,
attorney's fees and litigation expenses arising out of or relating to the
presence, discharge, release, or escape of hazardous substances,
contaminants, or asbestos on or from the PROJECT. Nothing contained
herein shall be construed to require the CITY to levy, assess or collect
any tax to fund this indemnification.
(2) The indemnification and release required above shall not apply in the
event the discharge, release or escape of hazardous substances,
contaminants, or asbestos is a result of ENGINEER'S negligence or if
such hazardous substance, contaminant or asbestos is brought onto the
PROJECT by ENGINEER.
11.
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 ail 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
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 Ci'tY
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.
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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
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 final designs, drawings,
specifications and documents shall be owned by the CIN.
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.
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 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 storage containers,
microfilm, electronic data files, and other data storage supplies or
services;
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c) The time requirements for the ENGINEER'S personnel to
document the work underway at the time 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 PROJECTs schedule, commitment
and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's
compensation will be made.
F. Indemnthcation
(1) _ The ENGINEER agrees to Indemnify and defend the CITY from any foss,
cost, or expense claimed by third parties for property damage and bodily
injury, Including death, caused solely by the negligence or willful
misconduct of the ENGINEER, Its employees, ' officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or Wilful-misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each Is liable) is a cause of
such damage or Injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to-their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. 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 means the CITY and the ENGINEER, and their officers,
employees, agents, and subcontractors.
1. 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. Altemate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CiTY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or
ENGINEER hereunder, will be submitted to mediation. if mediation is
unsuccessful, the claim, dispute or other matter in question shall be
submitted to arbitration If both parties acting reasonably agree that .the
amount of the dispute Is likely to be less than $50,000, exclusive of
attorney's fees, costs and expenses. Arbitration shall be In accordance
with the Construction Industry Arbitration Rules' of the American
Arbitration Association or other applicable rules of the Association then
in effect. Any award rendered by the arbitrators less than $50,000,
exclusive of attomey`s fees, costs and expenses, will be final, judgment
may be entered thereon in any court having jurisdiction, and will not be
subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10
and 11).
(2) Any award greater than$50,000, exclusive of attomeys fees, costs and
expenses, may be litigated by either party on a de novo basis. The
award shall become final ninety(90) days from the date same is issued.
If litigation is filed by either party within said ninety (90) day period, the
award shall become null and void and shall not be used by either party
for any purpose in the litigation.
K. 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., VLH., VI.i., and VI.J. shall
survive termination of this AGREEMENT for any cause.
L 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.
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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
ATTEST: Cl YO RT WO
S y I vd Glover Marc Ott
Acti��g City Secretary Assistant City Manager
n l tAPPROVED-
,�or.tract 'Authoriaation
L
By:
Date
Dale Fiss e , PE
Director, Water Department
APPROVED AS TO FORM
AND LEGALITY
CHIANG, PATEL & YERBY, INC.,
ENGINEER
By:
Assistant City Attorney William E. Carroll, PE
Vice President
ATTEST:
By:
Michael F. Graves, PE
Project Engineer
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City Secretary Contract No.
ATTACHMENT A
SCOPE OF SERVICES
ENGINEERING AGREEMENT
WITH
CITY OF FORT WORTH
AND
CHIANG, PATEL & YERBY, INC.
FOR
UPDATES OF OCAS AND RMP SUBMITTALS
The work described in the attachment generally refers to the following engineering activities for
the Holly Water Treatment Plants, Rolling Hills Water Treatment Plant, Eagle Mountain Water
Treatment Plant, and Village Creek Wastewater Treatment Plant: 1) update offsite impacts for
each applicable chemical facility; and 2) prepare updated Risk Management Program to be
submitted to EPA.
Basic Services Task Items
ATTACHMENT "A" PROJECT DESCRIPTION
To comply with 40 CFR - Chapter I - Part 68, the City is required to update portions of the Risk
Management Program every 5-years. The original plan was completed by Engineer in June
1999; therefore, the first update is required by June 2004. Tasks proposed in this contract
include work required to complete the updates and resubmit the revised information to EPA.
ATTACHMENT "A" SCOPE OF SERVICES
Project Tasks
As part of the professional services required to complete this project, the Engineer will perform
the following tasks:
Task A-1 Data Collection
1. Engineer will collect and review data and information concerning process changes to
applicable chemical facilities that may have occurred at each plant. Engineer will base
findings on interviews with City staff and visual inspections.
Task A-2 Offsite Consequence Analyses (OCAs)
1. Engineer will update the OCAs for the following facilities:
a. South Holly WTP
b. North Holly WTP
c. Rolling Hills WTP
d. Eagle Mountain WTP
Contract No. Page-1 January 16,2004
e. Village Creek WWTP
2. Work performed by the Engineer associated with this task will include the following:
a. Review previous OCA reports and verify the effectiveness of the scenarios
developed in the previous reports. Engineer assumes no re-modeling is required
since City staff has indicated that no significant changes have occurred since June
1999.
b. Re-evaluate the offsite impacts for each regulated chemical with respect to previous
modeling scenarios and using the latest LandView and Marplot software.
c. Prepare draft technical memorandums for each plant to present OCA findings and
submit draft technical memorandums to the City for review and comment.
d. Revise the technical memorandums as necessary to incorporate City's comments
and submit the final technical memorandums to the City.
Deliverable:Draft and Final OCA Technical Memorandums for each plant.
3. Engineer understands from conversations with City staff that no significant modifications
associated with the applicable storage tanks and facilities have occurred since June
1999. If modifications are discovered during the OCA updates that result in the Engineer
having to re-model the OCA impact area, additional Engineering services will be
required.
Task A-3 Risk Management Program (RMP) Submittals to EPA
1. Engineer will update the RMP Submittals to EPA for the following facilities:
a. South Holly WTP
b. North Holly WTP
c. Rolling Hills WTP
d. Eagle Mountain WTP
e. Village Creek WWTP
2. Work performed by the Engineer associated with this task will include the following:
a. Collect necessary data and information from City personnel necessary to update the
RMP Submittals.
b. Update the previous RMP Submittals for each plant and submit the draft document to
the City for review and comment.
c. Review the submittal to incorporate City's comments and deliver the final submittal
file both to the City and EPA.
Deliverable:Draft and Final RMP Submittals for each plant.
Contract No. Pae-2
g � , ;ti L January 16,2004
Task A-4 Other RMP Activities
1. Emergency Response Plans (ERPs) for each facility are currently being updated by
others. Any work requested from the Engineer by the City associated with the ERPs is
considered additional work.
2. City staff has indicated the Accidental Release Prevention Program (ARPP) for each
plant does not require updating. Engineer understands that City personnel are
responsible for any reviews and updates associated with the ARPP. Any work requested
from the Engineer by the City associated with the ARPPs is considered additional work.
3. City staff will perform and update the Hazard Reviews as necessary. Any work
requested from the Engineer by the City associated with the Hazard Reviews is
considered additional work.
V b
Contract No._ Page-3 January 16,2004
ATTACHMENT "B" COMPENSATION
I BASIC ENGINEERING SERVICES
For engineering services under Attachment A, the "City" shall pay the "Engineer' a lump sum
fee of$18,040.00.
A. Payment: Partial payment shall be made monthly upon receipt of an invoice from the
Engineer based on the percent complete of each task outlined in Attachment A. Basis of
payment for Basic Engineering Services is shown in Exhibit B-2.
B. Timeliness: Lump sum fees are based on the City providing a notice to proceed for each
phase of the work within two months of the contract date. If a notice to proceed is not
provided within two months of the contract date, the Engineer has the option to
renegotiate the lump sum fee and hourly billing rates.
II ADDITIONAL SERVICES
For additional services provided outside the scope defined in Attachment A, as approved by
amendment to this Agreement, the "City" will pay the "Engineer" for labor, other incidental direct
costs, and subconsultants on the same basis as described below.
A. Labor: The Engineer shall be compensated for the services of his personnel on the basis
of Salary Cost times a multiplier of 3.0 for the time such personnel are directly utilized on
the work. Typical billing rates are shown in Exhibit B-1.
Salary cost is defined as the cost of salaries of engineers, technicians, word processors,
surveyors, clerks, laborers, etc., security contributions, unemployment, excise and
payroll taxes, and insurance benefits, sick leave, vacation, and holiday pay applicable
thereto.
The salaries of any personnel assigned are subject to reasonable modification by the
Engineer throughout the term of this Agreement; however, such modification will not
affect the upper limit value of this Agreement.
B. Other Incidental Direct Costs: The Engineer shall be compensated at cost plus 10% for
all costs other than salary costs that are incurred pursuant to this Agreement, but which
are not normally included as part of the Engineer's overhead. These costs include: air
fare, automobile rental, mileage charges, parking, tolls, taxi, meals, lodging, telephone,
printing and reproduction costs, computer and work processors, postage and mailing
costs, and other miscellaneous costs incurred specifically for this project.
C. Subconsultant Services: For all subconsultant services, the Engineer shall be
compensated at the actual subconsultant cost plus 10%.
D. Payment: Partial payment shall be made monthly upon receipt of an invoice from the
Engineer, prepared from the books and records of the Engineer, outlining the amount of
hours worked by each employee, the employee's name and classification, and the
employee's billing rate along with itemized charges for subconsultant services and other
incidental direct costs performed during the period covered by said invoice.
Contract No.— Page-4 January 16,2004
EXHIBIT "13-1"
CHIANG, PATEL & YERBY, INC.
HOURLY BILLING RATES - 2004
Classification of Personnel Range of Billing Rates ($/Hr.)
Principal $175 - $220
Project Manager $125 - $175
Senior Electrical Engineer $135 - $175
Registered Engineer $90 - $150
Graduate Engineer $55 - $100
Senior Technician $70 - $100
CAD Technician $55 - $90
Word Processor (Clerical) $40 - $75
Contract No. Page-5 16,2004
EXHIBIT "B-2"
COST SUMMARY
UPDATES OF OCAS AND RMP SUBMITTALS
Tasks Engineering MWBE MWBE %
Costs Fee MWBE
Task A-1: Data $1,280 $0
Collection
Task A-2: OCAs $10,660 DFW Publishing $1,804
Task A-3: RMP $6,100 $0
Submittals
Total $18,040 $1,804 10.0%
VT
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Contract No._ Page-6 f January 16,2 04