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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Freese &
Nichols, Inc. (the "ENGINEER"), for a PROJECT generally described as: Engineering
Services for Condition Assessments of the South and North Holly Water Treatment
Plants.
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:
Invoice and Payment
The Engineer shall provide the CITY sufficient documentation to reasonably
substantiate the invoices.
The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
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
reso[ved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, 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 in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
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such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If, 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
AttaGhment A. �
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(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or quality of performance by third parties; quality, type, management,
or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain that the construction contractor has
completed the work in exact accordance with the Contract Documents; that the
final work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, materials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT was
finally constructed. The ENGINEER is not responsible for any errors or omissions
in the information from others that are 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.
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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.
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
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit or
$250,000 Property Damage
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$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto",
defined as autos owned, hired and non-owned when said vehicle is used
in the course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and shall
contain a retroactive date prior to the date of the contract or the first date
of services to be performed, whichever is earlier. Coverage shall be
maintained for a period of 5 years following the completion of the contract.
An annual certificate of insurance specifically referencing this project shall
be submitted to the CITY for each year following completion of the
contract.
(2) 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 in 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 forty-five (45) 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
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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 and have a minimum rating of A: VII in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
(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 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 the CITY approves such exclusions.
(j) For all lines of coverage underwritten on a claims-made basis,
other than Professional Liability, the retroactive date shall be coincident
with or prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance required
in this section, with the exception of Professional Liability, shall be written
on an occurrence basis.
(I) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
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L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships with abutting property cities. The
ENGINEER further acknowledges that it will make disclosure in writing of any
conflicts of interest 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 1/, 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
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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 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 Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give r�se to claims by third
parties or employees of CITY, CITY hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
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(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER's negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out
of, in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other 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 RisWlnstallation 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.
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J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, wheth�r in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will
be at the CITY's sole risk. The CITY shall own the final designs, drawings,
specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in per�ormance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control of
the ENGINEER.
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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.
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.
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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.
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 inediation 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.
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K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., 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.
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 day of , 2007.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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ATTEST:
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c�Mart: Hendrix
J City Secretary
APPROVED AS TO FORM
AND LEGALIT�G-; .s
Amy Ra'rfi�E
Assistant Ci
ATTEST:
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ENGINEERING CONTRACT (REV 4/14/05)
Page 15 of 15
CITY OF FORT WORTH
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Marc Ott
�Assistant City Manager
APPROVAL RECOMMENDED:
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lr� S. Frank Crumb, P.E.
Director, Water Department
FREESE AND NICHOLS, INC.
Thomas Haster, P. E.
Principal/Manager W/WW Engineering
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ATTACHMENT A
General Scope of Services
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR
ENGINEERING SERVICES FOR CONDITION A55ESSMENT OF THE SOUTH AND
NORTH HOLLY WATER TREATMENT PLANTS
GENERAL SCOPE OF SERVICES
SECTION 1- DESCRIPTION OF PROJECT, AGREEMENT AND SCHEDULE
The project consists of engineering services related to condition assessment and recommendations
for improvements at the South Holly Water Treatment Plant and selected portions of the North Holly
Water Treatment Plant. Services will include evaluation of facility limitations and assess the
potential to increase treatment capacity with limited capital expenditures. Services will include
preparation of a report summarizing the study.
This agreement describes the services to be provided by FNI as the Engineer. The scope of services
is presented as basic services and additional services. The basic services cover the elements required
for the project that are authorized by the execution of the contract. The additional services are the
work elements that could be required and are identified in the contract but are not authorized until
FNI is given additional written approval by the City. The Attachment A General Scope of Services
Items 1 through 26 are deleted.
The project is schedule driven due to the need to consider capital expense priorities with the
increasing water demands of the citizens of the City of Fort Worth. The draft report is to be
completed within six months of the Notice to Proceed.
SECTION 2 - BASIC SERVICES
This section describes the services Freese and Nichols, Inc. will provide as basic services.
A. South Hollv WTP
1. Review and summarize conclusions from previous studies, including:
a. Electrical Assessment Report
b. Holly Chlorine and Ammonia Preliminary Design Report
Attachment A-1 , , , , � .=� ,;.�
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ATTACHMENT A
General Scope of Services
c. Holly Backwash Improvements Preliminary Design Report
d. South Holly Chemical Feed Improvements Preliminary Design Report
e. North Holly 80 MGD Preliminary Design Report
f. FWWD Water Master Plan Report
2. Summarize dates and scopes of major construction projects and equipment
replacement. �
3. Evaluate hydraulic capacity of water treatment process facilities and piping from raw
water line at levee to suction piping at high service pump station, including:
a, Raw water pipeline
b. Rapid Mix Structure
c. Flocculation Basins
d. 5edimentation Basins
e. Filters
f. Filtered Water Piping
g. Transfer Pump Station
h. Finished Water Piping & Clearwells 6& 7
i. Simultaneous operation of Clear Fork Pump Station and Lake Worth supply
to South Holly
4. Evaluate process capacity of treatment facilities, including;
a. Rapid Mix Structure
b. Flocculation Basins
c. Sedimentation Basins
d. Filters, including backwash
e. Backwash Clarifier
f. Liquid Chemical Feed
g. Disinfection Facilities
5. Document condition of facilities, based on site observations, previous reports,
maintenance records, staff interviews, and third party testing where available.
Assessed facilities will include:
a. Raw Water Pipeline
b. Rapid Mix
c. Flocculation
d. Sedimentation
e. Filters
f. Filtered Water Piping
g. Backwash Clarifier
Attachment A-2
ATTACHMENT A
General Scope of Services
h. Transfer Pump Station
i. Clearwells 6 and 7
j. Finished Water Piping
k, Chemical Feed Facilities
1. Plant Water System
m. Plant Sewer System
n. Valves and Actuators
o. Roads
p, Electrical Systems and Switchgear
q. High Service Pumping Facilities
6. Evaluate factors which affect finished water quality, including;
a. Raw water source characteristics
b. Disinfection strategy
c. Treatment facility performance
7. Evaluate potential improvements to improve finished water quality, increase capacity
and/or improve facility reliability, including:
a. Ozone oxidation & disinfection
b. Filter modifications to increase media depth
c. Additional filtration area
d. Hydraulic and/or flow distribution
e. Sludge withdrawal and handling
f. Chemical mixing and flocculation
8. Provide recommended plan of improvements, including opinion of probable
construction cost.
B. North Holly WTP
1. Evaluate factors which limit capacity or reliability, including:
a. Settled water channel hydraulics
b, Sedimentation basin sludge removal
c. Backwash wastewater management
d. Raw water solids removal
2. Document condition of selected facilities, based on site observations, previous
reports, maintenance records, staff interviews, and third party testing where available.
�acilities to be included;
a. Raw water piping
Attachment A-3
ATTACHMENT A
General Scope of Services
b. Finished water piping
c. Distribution piping within plant site
d. Distribution access tunnel
Summarize Phase 2 improvements deferred from North Holly WTP Improvements
project, assess impact from deferral, and provide updated opinion of probable
construction cost.
4. Provide recommended plan of improvements, including opinion of probable
construction cost.
C. Summarv Report
1. Prepare ten copies of a draft report with findings from condition assessment and
summary of recommended improvements. Identify improvements which result in
improved water quality or consistency, increased capacity or renovation/replacement
of deteriorated facilities. Note also which improvements achieve multiple objectives.
2, Present findings to water department staff and discuss the contents of the draft report.
Revise the report to address Owner's comments and provide ten copies of the final
report.
SECTION 3 - ADDITIONAL SERVICES
Additional services are those services not included in the basic services which may be provided by
Freese and Nichols if so authorized by the City of Fort Worth.
A. Field layouts or the furnishing of construction line and grade.
B. Making property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
C. Investigations involving detailed consideration of operations, maintenance and overhead
expenses, and the preparation of rate schedules, earnings, and expense statements, feasibility
studies, appraisals, evaluations, assessment schedules and materials audits or inventories
required for certiiication of force account construction performed by the Owner.
D. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
Attachment A-4 � ,_ �1�-g-�u i l �, �'
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ATTACHMENT A
General Scope of Services
E. Providing shop, mill, or laboratory inspections of materials and equipment outside of those
tests required by the construction contract documents.
F. Preparing Operation and Maintenance Manuals or conducting operator training.
G. Appearing before regulatory agencies or courts as an expert witness in any litigation with
third parties or condemnation proceedings arising from the development or construction of
the Project, including the preparation of engineering data and reports for assistance to Owner.
H. Performing extensive, non-routine investigations, studies and analyses of work proposed by
construction contractors to correct defective work.
I. Performing extensive, non-routine investigations, studies and analyses of substitutions of
materials or equipment or deviations from the plans and speci�cations.
Assisting the Owner with, preparing for, or appearing at litigation, mediation, arbitration,
dispute review boards; or other legal or administrative proceedings in the defense or
prosecution of proceedings in connection with this project.
K. Providing environmental support services including the design and implementation of
ecological baseline studies, environmental monitoring, impact assessment and analysis,
permitting assistance, and other assistance required to address environmental issues.
L. Additional services that are required to comply with local, State or Federal regulations that
become effective after the date of this agreement.
M. Observing factory tests of equipment at any site remote to the project or observing additional
tests required as a result of the equipment failing the initial test,
N. GIS mapping services or assistance with these services.
Attachment A-5
ATTACHMENT B
COMPENSATION AND PAYMENT SCHEDULE
ATTACHMENT B
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR
ENGINEERING SERVICES FOR CONDITION A5SES5MENT OF THE SOUTH AND
NORTH HOLLY WATER TREATMENT PLANTS
COMPENSATION
I. BASIC ENGINEERING SERVICES
For engineering services provided under Attachment A, the City shall pay the Engineer
on a Salary Cost Method, an amount not to exceed $327,500, according to paragraphs A,
B and C below, The basis for this payment is shown in the attached Summary of Costs
and Table l.
A. Labor: The engineer shall be compensated for the services of his personnel on the basis
of Salary Cost times 2.30 for the time such personnel are directly utilized on the work,
Resident Engineer shall be compensated on the basis of Salary Cost times 2.30, Resident
representative services shall be compensated on the basis of Salary Cost times 2.00.
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 modi�cation by the
Engineer throughout the term of this Agreement; however, such modifications will not
affect the upper limit value of this Agreement.
B. Other Incidental Direct Costs: The Engineer shall be compensated at his cost plus 15°Io
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 word
processors, postage and mailing costs and other miscellaneous costs incurred specifically
for this project.
Attachment B-1
R:\Contract\2007\Contract\Fort WorthWorth-South Holly WTP
ATTACHMENT B
COMPENSATION AND PAYMENT SCHEDULE
C. Subconsultant Services: For all subconsultant services, the Engineer shall be
compensated at his actual subconsultant cost plus 15°Io.
II. ADDITIONAL SERVICES
For Additional Services provided outside the scope defined in Attachment A-1, 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 in
Paragraph I of this Attachment.
Attachment B-2
R:\Contract\2007\Contract\Fort Worth\North-3outh Holly WTP
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/19/2007
DATE: Tuesday, June 19, 2007
LOG NAME: 60N/S HOLLY REFERENCE NO.: **C-22199
SUBJECT:
Authorize Execution of an Engineering Agreement with Freese & Nichols, Inc., for the North and
South Holly Water Treatment Plant Condition Assessment
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Freese & Nichols, Inc., in the amount of $327,500 for the North and South Holly Water Treatment Plant
Condition Assessment.
DISCUSSION:
On March 13, 2002, (M&C C-19013) City Council authorized the execution of an engineering agreement
with Freese & Nichols for the update to the Fort Worth Water System Master Plan. The Water Master Plan
recommended that a facility and buried pipe condition assessment be conducted at the Holly water
treatment plants in order to prioritize equipment and piping replacements. In addition, the Water Master
Plan recommended that the Holly water treatment plants, high service pump stations, and piping be
expanded as required to increase the combined plant output from 180 million gallons per day (MGD) to 200
MGD. Lastly, it was recommended that the Holly water treatment plants transition from chlorine to ozone as
the primary disinfectant in order to improve taste and odor control and meet future regulatory
requirements. Both the expansion of the Holly water treatment plants and the installation of ozone facilities
have been included in the Capital Improvement Program for the Water Department.
The North and South Holly Water Treatment Plant Condition Assessment will focus on plant process
evaluations and condition assessment of existing equipment. The goal of the process evaluation is to
determine whether the additional plant capacity required at the North and South Holly water treatment
plants can be achieved through the addition of ozone along with minor hydraulic improvements. If it is
determined that the addition of ozone will result in increased plant capacity, then substantial cost savings
will result from not having to expand the treatment process as part of a general plant expansion project.
The goal of the condition assessment is to determine equipment, piping and structures that need to be
rehabilitated and/or replaced to reduce the risk of critical failure, and to establish a
rehabilitation/replacement schedule and cost estimate.
In addition, $10,000.00 is added to this contract for staff review time.
Freese & Nichols, Inc. is in compliance with the City's M/WBE Ordinance by committing to 12 percent
M/WBE participation. The City's goal on this project is 12 percent.
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Water Capital Projects Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
FROM Fund/AccountlCenters
P264 531200 609530075731 $327,500.00
Marc Ott (8476)
S. Frank Crumb (8207)
Additional Information Contact: S. Frank Crumb (8207)