HomeMy WebLinkAboutContract 26048 CITY SECRETARY dd
CONTRACT NO. Z(OC) �D
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "City"), and Deltatek
Engineering, (the "ENGINEER") on June 5, 2000, for a PROJECT generally described
as: Timberline 2.0 MG Elevated Storage Tank Repainting and Renovation.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation and Schedule
The ENGINEER's compensation is set forth in Attachment B. The project
schedule is set forth in Attachment C.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
B. Monthly invoices will be issued by the ENGINEER for all work performed
under the AGREEMENT. Invoices are due and payable within 30 days of
receipt.
C. Upon completion of services enumerated in Article 1, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
D. In the event of disputed or contested billing, only that portion so contested
will be withheld from payment, and the disputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
E. If the CIYT fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under the
AGREEMENT until paid in full, including interest. In the event of
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suspension of services, the ENGINEER shall have no liability to CITY for delays or damages
caused the CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative under this
Agreement, providing professional engineering consultation and advice and furnishing customary
services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of skill and
diligence normally employed in the State of Texas by professional engineers or consultants
performing the same or similar services at the time such services are performed.
C. Subsurface Investigations
1. The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such
as special surveys, tests, test borings, or other subsurface investigations in connection with
design and engineering work to be performed hereunder. The ENGINEER shall also advise
the CITY concerning the results of same. Such surveys, tests, and investigations shall be
furnished by the CITY, unless otherwise specified in Attachment A.
2. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics
may vary significantly between successive test points and sample intervals and at locations
other than where observations, exploration, and investigations have been made. Because of
the inherent uncertainties in subsurface evaluations, changed or unanticipated underground
conditions may occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans approved by the
CITY, which shall become the property of the CITY. The CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such
drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
1. The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site
representatives or otherwise, do not make the ENGINEER or its personnel in any way
responsible for those duties that belong to the CITY and/or the CITY's construction contractors
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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 constriction 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 of quality, of the completed work on the PROJECT
or to determine, in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with the Contract
Documents or the agreement between CITY and ENGINEER be 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
I. 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 not control over cost or price of labor and
materials; unknown or latent conditions of existing equipment or structures that may affect
operation or maintenance costs; competitive bidding procedures and market 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
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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. 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 met that goal.
Any misrepresentation of facts (other than a negligent misrepresentation) and/or the conunission
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 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 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.
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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 which are to be in effect prior to commencement of
work on the PROJECT.
a. Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
b. Automobile Liability
$1,000,000 each accident (or reasonable equivalent limits of coverage if written on a split
limits basis). Coverage shall be on any vehicle used in the course of the PROJECT.
c. Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
5500,000 disease - policy limit
S100,000 disease - each employee
d. 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 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 nonpayment of the premium. Such terms shall be endorsed onto ENGINEER's
insurance policies. Notice shall be sent to the respective Department Director (by name),
City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102.
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e. Insurers for all policies must be authorized to do business in the state of Texas or be
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 CITY 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.
i. 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 (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
insurance coverage is maintained by subconsultants, ENGINEER shall provide CITY with
documentation thereof on a certificate of insurance. Notwithstanding anything to the
contrary contained herein, in the event a subconsultant's insurance coverage is canceled
or terminated, such cancellation or termination shall not constitute a breach by
ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY.
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M. Disclosure
The 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 nay 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, 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 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
ray
required in connection with the ENGINEER's services. The CITY will be responsible for all acts
of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for
all advertisements for bids; permits and licenses required by local, state, or federal authorities; and
land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT
construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications,
proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant,
auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and
render in writing decisions required by the CITY in a timely manner in accordance with the project
schedule 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.
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.
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H. Contractor Claims and Third-Party Beneficiaries
1. The CITY agrees that all contracts with construction contractors and equipment or materials
suppliers shall include the following clause:
"Contractors, subcontractors and equipment and materials suppliers on the
PROJECT, or their sureties, 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 event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance
of the services, an equitable adjustment will be made through an amendment to this AGREEMENT
with appropriate CITY approval.
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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 frons 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 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;
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.
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E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience
of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in
the PROJECT's schedule, commitment and cost 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 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 negligent, strict or statutory liability, or any other cause of action, except
for willful misconduct or gross negligence for limitations of liability and sole negligence for
indemnification. Parties means the CITY and the ENGINEER, and their officers, employees,
agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and
performance, and any other claims related to it. The venue for any litigation related to this
AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
1. All claims, disputes, and other matters in question between the CITY and ENGINEER 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
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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 will not affect any other provision, and this AGREEMENT shall be construed as if
such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F.,
VI.B., VI.D., VI.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, superceded all prior written or oral understanding, and may be changed by a
written amendment executed by both parties. The following attachments and schedules
are herby made a part of this AGREEMENT:
Attachment A - Scope of services
Attachment B - Compensation
Attachment C - Schedule
EXECUTED in the City of Fort Worth,this -ik day of,TUAO— , A.D. 2000.
ATTES CITY OF�O WORTH
By: t9 a4L#1X- By: �`�y►,.
Gloria Pe son V Mike roomer
City Secretary Assistant City Manager
APPROVED AS TO FORM AND LEGALITY CITY OF FORT WORTH 7
By:
By
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G Stei erger Dale A. Fisseler, P.E.
Assistant City Attorney Director, Water Department
ATTEST:
DELTATEK ENGINEERING
By:4�0—w
Bahram Niknam, P.E.
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Contract Authorization
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Date �T41
ATTACHMENT "A"
General Scope of Services
Part 1.0-Renovation Documents
1.01 Deltatek Engineering shall prepare renovation contract documents in accordance with the
report prepared by Tank Industry Consultants for Repair and Repainting of 2.0 MG
Timberline Elevated Storage Tank. The scope of work for Part 1.0 includes Design work,
construction management, quality control assurance and inspection during the
construction phases. Deltatek Engineering also provides professional services and
coordination during the design to the completion of the construction.
A. Modifications for Structural Deficiencies:
1. Prepare plans for reconstruction of damaged concrete foundations by removing failed
concrete and placement of polymer concrete,new anchor bolts, washers, and nuts.As a
part of this task,temporary structural supports shall be provided to withstand the current
loading conditions.
2. Prepare plans and specifications to include the repair or replacement of the existing
interior platform to comply with the requirements of OSHA and enhance the current
access to the tank interior via center riser. The platform floor shall be constructed of
1/4-inch galvanized checkered plate with drain holes to prevent accumulation of
condensate water. The proposed platform shall be equipped with OSHA approved
handrails and kick plate.
3. All undercut weld seams and rough welds shall be repaired and ground smooth to
provide paintable surfaces. The insufficient welds and structurally inadequate welds
shall be upgraded to withstand the required loading and enhance the structural integrity
of each member. This section shall include all lap welds,butt welds,brackets, gusset
plates,base plates, and connections.
4. Perform necessary structural analyses to determine the structural integrity of interior
hoop tension stiffener ring,middle ring rafter, and inner ring rafter. These members
shall be replaced if required to withstand current loading conditions. In addition, the
structural integrity of the exiting spider rods shall be evaluated for structural stability of
tank bowl.
B. Modifications for ANSI/OSHA and other Safety Issues:
1. The existing overhead electrical service entrance shall be relocated underground from
meter socket to the tank center riser. A new circuit breaker enclosure equipped with
new breakers and spare breakers shall be provided to feed the existing obstruction
lights, interior lighting, cathodic protection system,pressure transmitter(if applicable),
and new 110 vac weatherproof receptacle. All unnecessary conduit and wiring,
enclosures attached to the tank shall be removed and disposed of properly.
2. The riser access man way shall be enlarged to minimum 30-inch diameter. New riser
man way shall be installed equipped with hinged blind flange and handle.
Access ships-ladder and platform shall be provided to access the proposed riser from
the ground.The interior/exterior riser ladder shall be replaced with 16-inch wide ladder
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to meet OSHA requirements. The ladders shall be equipped with anti-fall devices.
The exterior riser ladder shall be equipped with ladder cage and lockable ladder gate.
The new exterior riser ladder shall be extended to within one foot above the finish
grade.
3. Relocate or remove conduit and obstructions adjacent to the ladder for safe operator
climbing. Modify open conduit fittings.
4. Modify or replace the existing ladder platform to meet the OSHA requirements.
5. The interior head clearance for the access tube ladder shall be modified to meet a 30-
inch minimum requirement.
6. Replace the existing roof hatch with 30-inch hatch,4-inch freeboard,padlock hasp, and
2-inch lid turndown to meet TNRCC requirements. Install additional 30-inch roof hatch
and upgrade the existing roof gravity vent with 30-inch diameter vent equipped with
#16 mesh stainless steel insect screen. The new vent shall also be equipped with rain-
hat, and shall be non-clog vandal resistant.
7.The interior bowl ladder and wet riser ladder shall be replaced with stainless steel ladder
and fastened to new welded brackets.
8.The riser safety grate shall be replaced with steel fabricated grate or cast iron grate
equipped with hinge and lift handle on the riser inlet/outlet.
C. Modifications for AWWA/TNRCC, Sanitary and Operational Deficiencies:
1. The existing riser side man way shall be replaced with new-flanged side man way to
have minimum of 30-inch clear opening. The side man way shall be equipped with
hinge and handle for ease of operation.
2. Access tube bottom entry opening shall be modified to prevent intrusion of birds,
insects, and other animal into the tank.
3. The roof gravity vent shall be enlarged and shall be clog resistant.
4. The roof vents shall be equipped with stainless steel 16 mesh insect screen and shall be
shielded from wind propelled dust and particulate matter.
5. Roof hatches shall be lockable.
6. Roof portholes for cathodic protection shall be sealed using 1/4-inch gasketed plates to
prevent rainwater, birds, and insects from entering into tank bowl.
7. Replace inlet/outlet pipes containing lead joints.
''��CI VIII NX PID
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Page 3
D. Modifications for other Deficiencies:
1. Evaluate foundation to determine necessity of rehabilitation.
2. All loose grout between foundation and base plates shall be removed and replaced.
3. Evaluate the adequacy of current site drainage and provide grading plans to grade the
site. Upon completion of site grading, install grass sod in disturbed areas.
4. Determine if the existing aircraft obstruction lights are required by FAA and upgrade the
existing system.
5. All unnecessary conduit, wiring, and enclosures shall be removed. The current wiring
shall meet the requirements of NEC code and City of Fort Worth.
6. Install protective covers on the existing inlet/outlet pipes.
1.02. Protective Coating System
A. Deltatek Engineering shall provide abatement documents for removal of lead based
coatings in accordance with regulatory agencies. These documents shall include
interior/exterior surface preparation and repainting of all steel surfaces.
1.03.Estimate of Probable Cost of Construction
A. After completing final plans and specifications, Deltatek will provide an estimated cost for
the project work described in the contract documents.
1.04.Advertising Documents
A. At the conclusion of the design, Deltatek will provide the City fifty (50)bound sets of
advertising documents (drawings and specifications)to the City for distribution to
prospective bidders.
Part 2.0-Proiect Construction Administration
2.01 Deltatek Engineering shall assist the City of Fort Worth in project advertisement during
bidding. Deltatek will provide response to questions during the bidding phase. Deltatek
shall attend pre-bid conference and prepare addendum(s) if required during
advertisement.
A. Deltatek will review bids for conformance to the bid document and provide a
recommendations for award.
B. Deltatek will review and comment on shop drawings, equipment diagrams,material
samples, test results, and other data that the contractor submits as required by the contract
documents. Deltatek will furnish the City record copies of shop drawings for their files.
LAOtni
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Page 4
C. Deltatek will review the monthly progress payment requests, submit payment
recommendations and assist in the preparation of change orders to the contract
documents.
C. Deltatek will conduct a final warranty inspection and of the project jointly with
representatives of the City and submit a written report recommending final settlement of
the contract.
2.02 Quality Control Observation
A. Deltatek Engineering shall provide on-site Field Engineer to perform on-site
observation of the work in progress to assist in determining that the project is
proceeding in accordance with the contract documents and that the completed work
will conform to the contract requirements. On-site representatives during construction
will review the work for the following items:
1. Steel Repairs and Replacement-Deltatek Engineering shall provide on-site field
representative to review steel structural member replacement, corrosion repairs, and
installation of roof hatches, vents, ladders, anti-fall devices, side man ways access tube
entrance, and miscellaneous metal improvements.
2. Site Work and Overflow Improvements -Deltatek Engineering shall provide
construction management and supervision to oversee the proposed site grading
including overflow improvements. The overflow/drain improvements consist of
installation of air gap system using a concrete collection box, splash shield, floor grate,
and connection of the collection box to the nearest storm sewer manhole.
3. Protective Coating Systems -Deltatek Engineering shall provide on-site inspection to
perform quality control observation for surface preparation and paint application of the
tank interior/exterior and perform all required testing in order to comply with
manufacture's data sheet as well as specifications. As a part of surface preparation,
Deltatek shall monitor air during abrasive blasting operation to ensure airborne lead
based materials will not emit to the surrounding area and emission shall meet the
requirements of the regulatory agencies(EPA, Texas Health Department, TNRCC).
The quality control observation shall include metal substrate profile measurements,
wet/dry film thickness measurements,checking surface temperature/dew point prior to
application, and holiday detection tests on tank interior coating system.
4. Electrical Improvements-Deltatek Engineering shall inspect the electrical
improvements consisting of new service entrance,new underground conduit/wiring,
circuit breakers, enclosures,receptacle, light switches, light installation, and any
instrumentation such as SCADA systems. The electrical inspection shall observe
installation of cathodic protection, new wiring, conduit, anodes, and calibration.
�A HCONO'DD
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Page 5
2.03 Compliance with City MBE Ordinance
A. In compliance with the City of Fort Worth Ordinance 11923 Good Faith Effort Program,
Deltatek Engineering plans to assign 20%percent of the total fee to the Minority Firm of
Thomas Design Technologies (BMSD8264N0798). Thomas Design Technologies will
perform ACAD Drafting, and assist Deltatek Engineering in preparation of plans and
specifications for proposed metal work, and miscellaneous tank improvements.
2.04 Project Schedule
A. Preliminary Renovation documents: 43 working days after notice to proceed.
Final Renovation documents: 9 working days after receipt of comments from the City.
2.05 Project Cost Proposal
A. Compensation to the Engineer for preparation of plans and specification documents listed
in `Part 1.0 -Renovation Documents' shall be as follows:
Project Management and Administration $5,350.00
Preparation of Renovation Documents: $80,800.00
Reimbursable Expenses (printing,plotting,photos, etc.): $5,500.00
--------------
Total Compensation for completion of Part 1: $91,650.00
B. Compensation to the Engineer for services during the construction phase as listed in `Part
2 Project Construction Administration' shall be as follows:
Project Management and Administration $1,875.00
Shop Drawing and Submittal Review: $10,255.00
Quality Control Observation During Construction: $24,000.00
Reimbursable Expenses (mileage,photos,postage, etc.): $2,000.00
------ -------
Total Compensation for completion of Part 2: $38,130.00
C. Total compensation to the Engineer this contract: $129,780.00
F� WOO,�I No nx
ATTACHMENT"B"
Compensation
I. ENGINEERING DESIGN SERVICES
For all professional engineering services included in Sections I, and R of the General
Scope of Services, the City agrees to pay the Engineer a lump sum of$91,650.00.
II. CONSTRUCTION CONTRACT ADMINISTRATION SERVICES
For all professional engineering services included in Section III of the General Scope of
Services, the City agrees to pay the Engineer on a reimbursable basis a not to exceed-
amount
xceedamount of$38,130.00.
III. ADDITIONAL SERVICES
For all professional engineering service included in Section IV of the General Scope of
Services, the City Agrees to pay the Engineer on a reimbursable basis.
IV. BASIS FOR COMPENSATION
The City shall compensate the Engineer for the various items listed above on either a
lump sum basis, or a reimbursable basis.
The Engineer shall be paid monthly based on statements submitted to the City for the
work accomplished during the preceding month. Monthly statements for lump sum
services will be based upon a reasonable estimation of percent complete.
Monthly statements for reimbursable service will be based upon time directly chargeable
to the project by the various types of individuals employed by the Engineer in accordance
with the rate schedule in effect at the time of the service. Engineer may revise the rate
schedule on January 1 of each year. The 2000 rate schedule is attached.
Monthly statements for reimbursable services performed by subconsultants will be based
upon the actual cost to the Engineer plus fifteen percent(15%).
Actual out-of-pocket expenses for services associated with paragraph II above that are
incurred during the progress of the project shall be compensated by the City at the
Engineer's cost plus fifteen percent(15%). These may include: air fare, automobile
rental, mileage charges,parking,tolls, taxis, meals, lodging, telephone,printing,
reproduction and other direct costs incurred specially for this project.
For services associated with paragraph II above,miscellaneous direct expenses such as
photo copies, travel less that 100 miles round trip, etc. shall be accounted for and
compensated at six and one quarter percent(6-1/4%) of the actual hourly billing rate of
the Engineer's employees on the Project.
1 of 2 GG�D
DELTATEK ENGINEERING
RATE SCHEDULE
HOURLY RATE
Effective through December 31, 2000
Principal and Senior Principal $160 - $190
Senior Professional II $140 - $170
Senior Professional I $130 - $140
Professional II and Professional I $95 - $110
Professional and Professional 1 $75 - $90
Designer $95 - $115
CAD Operator $65 - $90
Support Staff $45 - $75
Technician $450 $85
Party Chief $55 - $65
Instrument Man $50 - $55
Rodman $40 - $45
2 of 2
O�Vr����GERAI E Y
ATTACHMENT "C"
Project Schedule
Notice to Proceed Deltatek Engineering June 5, 2000
Preliminary Plans and Specifications July 18, 2000
City Review July 31, 2000
Final Plans and Specifications August 9, 2000
Advertise August 16, 2000
Award August 29, 2000
Renovation Start October 2, 2000
Renovation Complete April 2001
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City of Fort Worth, Texas
Imeavor 01"11 council commul"kation
DATE REFERENCE NUMBER LOG NAME PAGE
5/30/00 **C-18044 1 60DEL 1 of 1
SUBJECT ENGINEERING AGREEMENT WITH DELTATEK ENGINEERING FOR THE DESIGN
AND CONSTRUCTION MANAGEMENT OF THE REPAIR AND REPAINTING OF THE
2MG TIMBERLINE ELEVATED STORAGE TANK
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering contract
with Deltatek Engineering for the design and construction management of the repair and repainting of
the 2MG Timberline Elevated Storage Tank for a total fee not to exceed $129,780.
DISCUSSION:
The Timberline Elevated Storage Tank was recently inspected and was found to be badly corroded and
in need of immediate repair and repainting to extend the service life of the tank. In addition,
modifications and alternations are needed to meet the requirements of the Texas Natural Resources
Conservation Commission and the Occupational Safety and Health Administration.
The engineer will prepare construction plans and specifications for repair and repainting of the 2MG
Timberline Elevated Storage Tank, and provide construction management and inspection during the
construction phase of the project.
The project is located in COUNCIL DISTRICT 8.
Deltatek Engineering is in compliance with the City's M/WBE ordinance by committing to 20% M/WBE
participation. The City's goal on this project is 20%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper-Water Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
CITY COUNCIL
Originating Department Head:
Dale Fisseler 8207 (from) MAY 30 2000
PW77 531200 060770180170 $129,780.00 }�
Additional Information Contact: A.-
City Secretary of the
Dale Fisseler 8207 City of Fort Worth,Texas