HomeMy WebLinkAboutContract 29666 i
CITY
CONTRACT�Y.
CITY OF FORT WORTH, TEXAS i
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and HDR
Engineering, Inc. (the "ENGINEER"), for a PROJECT generally described as: Expansion
of the Como Pump Station,
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to 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
AGREEMENT until paid in full, including interes
suspension of services the ENGINEER shall have n I
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delays or damages caused the CITY because of u(� -iusq No , o
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Page - 1OR I G I NO3-04-2004
services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
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 mann-ex it
desires; provided, however, that the ENGINEER shall not be l Tor,the use of
such drawings for any project other than the PROJECT descril ed 1hereirr'._
E. Engineer's Personnel at Construction Site ��
Tri.
Page
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(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If, 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 a feasibility
projections, and schedules for the PROJECT, th ENGJNEER tias ho
control over cost or price of labor and materials; uhRnown -or latent
conditions of existing equipment or structures thatay affect-opef,ajion or
maintenance costs; competitive bidding procedures qnd markbt'colyditio s;
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time or quality of performance by third parties; quality, type, management,
or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated, Such
recommendations do not represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain that the construction contractor has
completed the work in exact accordance with the Contract Documents; that the
final work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, materials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT was
finally constructed. The ENGINEER is not responsible for any errors or omissions
in the information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 15530, 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 pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
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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 subcon-
sultant 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. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect prior to
commencement of work on 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.
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Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$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) Certificate(s) of insurance shall document that insurance coverage
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 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 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 shall be acceptable to the CITY in 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 resource-�tters-of credit ay
also be acceptable to the City.
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(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.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
Q) 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 CITY unless such coverage is provided
the ENGINEER on an occurrence basis.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of ENGINEER's
overhead.
(1) All insurance 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
subconsulta.nts maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has m e-#SIJ-dissfest $-in
writing of any existing conflicts of interest or potential conflicts of interest including
personal financial interest, direct or indirect, in property a utting the proposed
PROJECT and business relationships with abutting pr perty cities. The
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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 ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If 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-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER 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 and will provide labor and safety
equipment as required by the ENGINEER for such access. The ITY wi pe nrm,
at no cost to the ENGINEER, such tests of equipment, machine r pipe Ines; 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
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personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local,
state, or federal authorities; and land, easements, rights-of-way, and access
necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions
required by the CITY in a timely manner in accordance with the project schedule in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing of
the ENGINEER's services or of any defect in the work of the ENGINEER or
construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the 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.
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G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out
of, in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other 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.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for-required or
requested assistance to support, prepare, document, bring defend, or assist in
litigation undertaken or defended by the CITY. In the events CITY requests such
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services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of 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 CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control of
the 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 an7.6fthe
p ete I
the correction thereafter.(2) If this AGREEMENT is terminated for the conveniety, the
ENGINEER will be paid for termination expenses as fol
Page - 11 03-04-2004
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;
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 PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or 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 willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
r Ah k ed '
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H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability and sole negligence for indemnification.
Parties mean the CITY and the ENGINEER, and their officers, employees, agents,
and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate 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 attorney'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 attorney's 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, su-k-4fWftfHity-,-!j9gWq, or
unenforceability will not affect any other provision, and thi AGREEMENT- shall be
1
,I
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construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive
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
Executed this the 1744_ day of F61r.v.M 12004-.
ATTEST: CIT F TW THi
B VL—
--j
S via Glover Marc t
Acting City Secretary Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY
contract Authorization
Date
*GaSterberger
Assistant City Attorney
ATTEST: HDR ENGINEERING, INC.
B 4 EW)�
Y�
Glenn D. Pearson, P.E.
Vice President
APPROVAL RECOMMENDED:
By:
ale A. Fis le , P.E.
Water Depa ment
Page - 15 03-04-2004
ATTACHMENT A
TO AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND HDR ENGINEERING, INC.
FOR
EXPANSION OF THE COMO PUNIP STATION
GENERAL SCOPE OF SERVICES
SECTION 1 —PROJECT BACKGROUND, GOALS, AND SCHEDULE
Project Background
The Como Pump Station serves, in conjunction with the Westside Pump Station, to
provide water to the Westside II and thence the Westside III and IV Pressure Planes from
the Holly Pressure Plane. Water is supplied to the Holly Pressure Plane by the North and
South Holly Water Treatment Plants and associated high service pump stations.
The pump station consists of one 6.0 and one 2.0 million gallon ground reservoirs. The
reservoirs have a 39.5-foot operational sidewater depth with an overflow of 768 feet.
The Holly Pressure Plane has a normal static elevation of 760 feet; thus, the ground
reservoirs are capable of floating on the Holly Pressure Plane (i.e. act as elevated
storage for Holly) under some demand conditions.
The Como Pump Station currently consists of four centrifugal pumps with 5.8, 10, 15,
and 15 million gallons per day (MGD) in pumping capacity, respectively. Pumps 1 , 2,
and 3 were installed when the pump station was built in 1956. Pump number 4 was
added in 1989. Pump number 4, a 15 MGD pump, has recently been replaced due to a
suspected misaligned shaft that resulted in excessive noise and vibration. The total
capacity is 44.8 MGD and the firm capacity is 29.8 MGD.
Three previous studies authored between 1989 and 2002 have identified the need for
additional capacity at the Como Pump Station by the early 2000s. The
recommendations have ranged from an additional 5 MGD to an additional 25 MGD.
The most recent of these studies recommended an additional 15 MGD in capacity by
2004. Furthermore, the pump station needs to be designed to accommodate an
additional 10 to 15 MGD beyond the immediate need for 15 MGD. Therefore, this
project will expand the station to a firm capacity of 45 MGD with provisions to expand
the pump station to a firm capacity of 55 or 60 MGD in the future.
This project also seeks to implement electrical improvements identified in a 1999 study.
Thus, this project will assess the existing electrical, instrumentation, and control
equipment and implement recommendations for upgrading this equipment.
Attachment A - 1
Project Goals
Specific project goals identified are as follows:
1 . Expand the Como Pump Station to 45 mgd firm capacity consider provisions
(physical space and electrical and instrumentation) for expansion in the future.
2. Evaluate motors for pump numbers 1, 2, and 3 (number 4 is new and does not
need evaluation since it is new), unless it is determined that the best solution is
to replace one or more of these pumps.
3. Evaluate existing cone valves (discharge valves in the pump station building) for
rebuild or replacement.
4. Evaluate replacement of horizontal gate valves on pump numbers 2 and 3
discharge line. These valves are direct buried in the ground outside the pump
station. Evaluation should specifically exclude consideration of horizontal gate
valves.
5. Evaluate switchgear.
a. If not moving existing gear, consider refurbishment and replacement.
b. If moving equipment, consider replacement only.
6. Install a new RTU.
7. Evaluate power/transformer capacity. (Vote that the City has a spare
transformer; however, it is not installed, but in storage and available in case of an
emergency.
8. Provide a security review and make recommendations per Vulnerability Study
and proposed recommendations. Known improvements include additional
lighting, intrusion alarms, and new front door.
9. If the building is not expanded to the east, there is a drainage problem in the
driveway that requires attention. Water pools in this area.
10.If the building is expanded, the Fort Worth codes will need to be met and upfront
meetings with the group are encourage early in the process to determine project
requirements.
11 .Generate a certified plat, if one does not exist.
12.Evaluate the gas-fired heaters. Staff desires to have heating and ventilation
(exhaust fans) in the pump station.
13.The project will require an alignment study for what is believed to be a 30-inch
line, 2,000 to 3,000 feet to tie into the Westside II pressure plane. The line will
likely be located in the street and needs to consider street condition.
14.Separate construction contracts are expected for the pump station and the
distribution line improvements.
15.The new waterline will connect with new pumps. There needs to be an
interconnection between the new line and the old line.
16.Model the Westside II pressure plan. The goal of this is to size the discharge
line determine the optimal place to tie into the Westside II pressure plane.
17.Participate in neighborhood homeowner's association meetings.
18.Create a new schernatic of the pump station for the Water System Operation
book. Schematic shall be computer generated and printable in 81/2 x 11 inch
format.
19.Minimize the out-of-service time required during const �, is- pu p
station is essential for water supply to all of west Fort Wort + = = a.�
4�
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20.Tie new pumps to HSO SCADA system.
SECTION 2 — BASIC SERVICES
Basic services will include the follow categories of services.
• Study and Report Phase
• Preliminary Design Phase
• Final Design Phase
• Bidding or Negotiating Phase
• Construction Phase
Study and Report Phase. This phase involves determination of specific project scope
and economic and technical evaluation of feasible alternatives. Services during this phase
include:
1. Review available data and consult with CITY to clarify and define the CITY's
requirements for the project.
2. Advise CITY as to the necessity of providing or obtaining from others additional
data or services. These additional services may include photogrammetry,
reconnaissance surveys, property surveys, topographic surveys, geotechnical
investigations and consultations, compilation of hydrological data, traffic studies,
materials engineering, asserribly of zoning, deed, and other restrictive land use
information, and environmental assessments and impact statements.
3. Provide analyses of CITY's needs and stated goals and develop alternatives.
Alternatives and evaluations are limited to those items listed in -the project goals
and limited to review of two alternatives developed for each item to be reviewed.
4. Provide a general economic analysis and decision matrices to alternatives.
5. Prepare a report presenting alternative solutions available to CITY with
ENGINEER's findings and recommendations. The report will contain schematic
layouts, sketches, conceptual design criteria with appropriate exhibits to indicate
clearly the considerations involved (including applicable requirements of
governmental authorities having jurisdiction), and ENGINEER's conceptual opinion
of probable costs for the project. Provide ten (10) copies of the report.
Preliminary Design Phase. This phase involves establishing the general size and scope
of the project and its general layout and functionality. Services include:
1. Consult with CITY, review preliminary reports, clarify and define the project
requirements, review available data, and discussing general scheduling.
Conferences may also be required with affected utilities.
2. Advise CITY as to whether additional data or services of the type described in the
Study and Report Phase are required, and assist CITY in obtaining such data and
services.
3. Prepare preliminary design documents consisting of final design criteria,
preliminary drawings, outline of specifications, and written descriptions of the
project. Provide ten (10) copies of the preliminary design. Any drawings will be
provided in 11-inch by 17-inch format. Alternatively, electronic copies are
acceptable.
4. Prepare revised opinions of probable construction cosFf
i
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Final Design Phase. This phase of project development will be undertaken after CITY
has approved the preliminary design phase material. The basic services for the final
design phase will include:
1 . Prepare construction drawings and specifications showing the character and
extent of the project based on the accepted preliminary design documents.
2. Prepare and furnishing to the CITY a revised opinion of probable construction
costs based on the final drawings and specifications. Opinion of probable
construction cost will be subdivided by trade (standard specification divisions).
3. Furnish the necessary engineering data required to apply for regulatory permits
from local, state, or federal authorities. This is distinguished from and does not
include detailed applications and supporting documents for government grant-in-
aid or planning grants that would be furnished as additional services as described
later in this section.
4. Prepare basic documents related to construction contracts for review and approval
by CITY (and the CITY's legal and other advisors). These may include contract
agreement forms, general conditions and supplementary conditions, invitations to
bid, instructions to bidders, insurance and bonding requirements, and preparation
of other contract-related documents.
5. Provide two submittals to the plans and specifications for CITY review and
comment. Electronic copies are acceptable.
6. ENGINEER shall provide bid documents as required to meet number of interested
bidders and up to three plan rooms. ENGINEER shall retain funds collected and
said funds shall be reasonable to cover the anticipated costs of production and
other costs specifically associated with bid document distribution. Furnish to CITY
four (4) half-size copies of drawings, specifications, and other contract documents.
Bidding Phase. Services under this phase will include:
1. Assist CITY in advertising for bids and negotiating proposals for one construction
contract (two construction contracts are anticipated), answer bid-phase questions,
maintain a record of prospective bidders to whom bidding documents have been
issued, attend one pre-bid conference for each construction contract, and receive
and process fees for bid documents. ENGINEER will retain fee generated from
the sale of bid documents.
2. Issue addenda as appropriate to interpret, clarify, or expand the one set of bidding
documents. Addenda related to design modifications due to change in CITY
preference, additional CITY review comments, or CITY-directed change in design
are specifically excluded from Basic Services.
3. Assist CITY in determining the qualifications and acceptability of prospective
constructors, subcontractors, and suppliers for one contract.
4. Attend bid openings, prepare bid tabulation sheets, provide assistance to CITY in
evaluating bids, provide recommendation of bid award to the City for one contract.
5. Provide two (2) full-size and ten (10) half-size sets of conformed-to-bid drawings
and specifications.
Construction Phase. Services under this phase involve consulti g- with and advising
CITY during construction and are limited to those services associat d with performing as
CITY's representative. Services include the following for eachof two construction
Page - 4 03-04-2004
contracts:
1. Prepare for and participate in a preconstruction conference.
2. Review shop drawings submitted by the Contractor for compliance with design
concepts.
3. Review laboratory, shop, and mill test reports on materials and equipment.
4. Participate in Monthly construction meetings with the Contractor and CITY's
construction representative. Visit the project site once per month as construction
proceeds to observe and report on the progress and the quality of the executed
work.
5. Observe and assist with performance tests and initial operation of the project.
6. Prepare record drawings from information submitted by the contractor. Provide
one (1) mylar and ten (10) 11-inch by 17-inch record drawings.
7. Assist in one (1) final inspection visit and report on completion of the project,
including recommendations concerning final payments to constructors and release
of retainage.
SECTION 3 — ADDITIONAL SERVICES
Additional services required during the study, design, bidding, construction, and operation
phases of a construction project may include investigations, reports, and activities beyond
the scope of the basic services. These services, many of which are previously listed in
this section underthe category "Consultation Services, Investigations, and Reports," may
relate to the CITY's decisions as to the feasibility, scope, and location of the project. The
research, compilation of engineering data, and acquisition of property may involve
professional specialists in engineering and other fields.
The following services, beyond those typically provided in basic services, are required for
this project and are a part of this contract:
1. Geotechnical engineering - including test borings, sampling and analysis, and
recommendations.
2. Hydraulic modeling to establish design criteria for distribution improvements.
3. Land surveys, establishment of boundaries and monuments, preparation of
easement descriptions, and related computations and drawings.
4. Engineering and topographic surveys for design and construction.
5. Value engineering - including reviewing the work of other engineers, either within
the same organization or in other firms, to determine whether a proposed solution
is optimum and, if not, to suggest a better approach for meeting the project's
functional and financial criteria.
6. Preparation of detailed applications and supporting documentation for government
grants, advances for public works projects, or permits.
7. Plotting, computing, and filing of subdivision plats, staking of lots, and other land
planning and partitioning activities.
8. Provide a security Review.
9. Create a new schematic of the pump station for the Water S s -ra-lion
book. r
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10.Additional meeting with building inspection beyond the coordination meeting
during the Study and Report Phase. Assume three additional meetings. If a
building permit is required, provide two full size plans and two sets of
specifications along with 10 copies of the site plan for City building permit
application.
11 .Participated in homeowner's association meetings that are to be scheduled and
led by the City. Prepare up to three exhibits for use at the meetings. Assume
two meetings. Assume research and design effort as a result of the meetings.
12. Prepare one additional set of bid documents (i.e. the project will bid in two
separate construction contracts).
13.Assist CITY in advertising for bids and negotiating proposals for one additional
construction contract, answer bid-phase questions, maintain a record of
prospective bidders to whom bidding documents have been issued, attend one
pre-bid conference for each construction contract, and receive and process fees
for bid documents. ENGINEER will retain fee generated from the sale of bid
documents.
14. Issue addenda as appropriate to interpret, clarify, or expand the bidding
documents for one additional set of bid documents. Addenda related to design
modifications due to change in CITY preference, additional CITY review
comments, or CITY-directed change in design are specifically excluded from these
services.
15.Assist CITY in determining the qualifications and acceptability of prospective
constructors, subcontractors, and suppliers for one additional contract.
16.Attend bid openings, prepare bid tabulation sheets, provide assistance to CITY in
evaluating bids, provide recommendation of bid award to the City for one additional
contract.
17.Coordinate design with the City's modeling consultant. Assume one meeting
and an equal amount of follow up effort.
18.Scan and vectorize existing drawings in order to obtain adequate background
data from which to build upon for the bid documents.
Additional Services (Not Initially Included in the Contract; requires contract amendment
and authorization):
1. Providing services during construction by a resident project representative, and by
supporting staff as required, to provide more assurance that the construction is
accomplished in general conformance to the design drawings, specifications, and
other contract documents.
2. Mill, shop, or laboratory inspections of the materials and equipment.
3. Redesign to reflect project scope changes requested by the CITY, required to
address changed conditions or change in direction previously approved by CITY,
mandated by changing governmental laws, or necessitated by the CITY's
acceptance of substitutions proposed by the constructor.
4. Quality control inspection and testing of materials used in the construction of a
project.
5. Assistance to the CITY as an expert witness in litigation in connection with the
project or in hearings before approving and regulatory agencies.
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6. Final investigations involving detailed consideration of operation, maintenance,
and overhead expenses; preparation of final rate schedules and earning and
expense statements; or appraisals, valuations, and material audits or inventories
required for certification of force account construction performed by the CITY or for
extra work done by the constructor.
7. Extra design effort to meet special conditions such as earthquakes, hurricanes,
tornadoes, or blasts, or to satisfy abnormal tolerances, along with associated
dynamic analysis or testing.
8. Assistance in managing a project by acting as the direct representative of the CITY
in the selection, engagement, observation, and approvals of the work of architects,
other engineers, constructors, and subcontractors; contacts with governmental
agencies to obtain permits and documents; and other services related to project
development.
9. At the completion of construction, the ENGINEER may assist in the start-up of
project operations. The ENGINEER may be commissioned to prepare a manual
for both operation and maintenance requirements, providing assistance for
adjusting and balancing equipment, identifying deficiencies and assisting in
obtaining corrections, and performing inspection prior to the end of the project
warranty period. The ENGINEER may assist in operator training, setting up job
classifications and salaries, organizing the purchase of supplies, developing charts
for recording operational data, and observing and reporting on project operations.
10. Preparation of environmental assessment and impact statements and other
assistance to the CITY in connection with public hearings.
11. Furnish additional copies of reports, construction drawings, specifications, and
other documents as required for bidding and construction beyond the number
specified in the basic services agreement.
12.Assessment of the completed project's ability to meet its design intent relative to
capacity, maintainability, operability, or reliability.
13.Project peer review.
14. Furnishing copies of reports or construction documents to the CITY in number
exceeding that stipulated in the agreement for services.
15. Issue instructions from CITY to the Contractor, issue necessary interpretations and
clarifications of contract documents, prepare change orders requiring special
inspections and testing of the work, and make recommendations as to the
acceptability of the work.
16.Prepare sketches required to resolve problems due to actual field conditions
encountered.
17. Determine amounts of progress payments due, based on degree of completion of
the work, and recommend issuance of such payments by CITY.
18. Providing services beyond scheduled completion dates.
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SECTION 4 — SCHEDULE
The project schedule is based on having the Como Pump Station and associated pipeline
in operation by June 2005. Given that constraint, the schedule is very aggressive to
complete the study and design of the improvements. Meeting the schedule will be
dependent on timely preparation of deliverables by the Engineer and the timely review
and commenting on deliverables by the City (generally one to two weeks). Both the
schedule and the fee assume decisions will be made and not revisited once decided
upon.
The following is a rough outline of the anticipated schedule.
Engineer Notice-to-Proceed March 12, 2004 Start
Complete Study & Report May 14, 2004 (2 months)
Complete Preliminary Design July 16, 2004 (2 months)
Complete Final Design October 15, 2004 (3 months)
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ATTACHMENT B
TO AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND HDR ENGINEERING, INC.
FOR
EXPANSION OF THE COMO PUMP STATION
COMPENSATION
For engineering services (Basic and Additional) provided under Attachment A, the
CITY shall pay the ENGINEER on a Salary Cost Method, an amount not to exceed
$632,577.00, according to paragraphs a, b, and c below. The basis for this
payment is shown in Exhibit on page B-2.
a. Labor: The Engineer shall be compensated for the services of his personnel on
the basis of Salary Cost time 2.5 for the time such personnel are directly utilized
on the work.
Salary cost is defined as the cost of salaries (including sick leave, vacation, and
holiday pay applicable thereto) plus unemployment, excise, and payroll taxes,
and contributions for social security, employment compensation insurance,
retirement benefits, and medical and other insurance benefits.
The salaries of any personnel assigned are subject to reasonable modification
by the ENGINEER throughout the terms of this Agreement; however, such
modifications will not affect the upper limit of this Agreement.
b. Other Incidental Direct Costs: The Engineer shall be compensated at his cost
plus 15% 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, but are not limited to: air fare, automobile
rental, mileage charges, parking, tolls, taxi, meals, lodging, telephone, printing
and reproduction costs, computers 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 this actual subconsultant cost plus 15%.
For additional Services provided outside the scope defined in Attachment A, as
approved by an amendment to this Agreement, the City will pay the Engineer for
labor, other incidental direct costs, and subconsultants on the same basis as
described herein.
Attachment C - 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/17/2004
DATE: Tuesday, February 17, 2004
LOG NAME: 6000MO REFERENCE NO.: **C-19968
SUBJECT:
Engineering Agreement with HDR Engineering, Inc. for the Design of the Como Pump Station
Expansion
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with HDR Engineering, Inc. for the Design of the Como Pump Station Expansion, for a total fee not to
exceed $632,577.00.
DISCUSSION:
The existing Como Pump Station was constructed in 1956 to provide additional pumping capability from the
Holly Pressure Plane to the westside of Fort Worth. As part of the new Water Master Plan currently being
prepared by Freese & Nichols, a report was issued recommending that Como Pump Station be expanded to
meet the demands of the rapidly expanding far west side of Fort Worth.
The contract will provide for.the design and preparation of construction plans and specifications for the
Como Pump Station Expansion. The expansion will increase the capacity to 45 Million Gallons Per Day
(MGD) and rehabilitate the electrical switchgear. In addition, a new discharge header will be necessary to
transport the additional water from the expanded pump station to the West Side II Pressure Plane
distribution system.
HDR Engineering, Inc. is in compliance with the City's M/WBE Ordinance by committing to 21% M/WBE
participation. The City's goal on this project is 21%.
In addition to the contract amount, $7,500.00 is required for staff review.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Commercial Paper- Water Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PW77 531200 060770160140 $632.577.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Dale Fisseler (8207)
Additional Information Contact: Dale Fisseler (8207)
Lognanie: 6000MO Page 1 of 1