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HomeMy WebLinkAboutContract 35248�iTY ��Cr�El���. �� r�r���! � F >;�.� °��� ��;�� . _�— --- � � CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Black & Veatch Corporation, (the "ENGINEER"), for a PROJECT generally described as: Northwest Water Treatment Plant Peer Review and Value Engineering. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) (2) (3) The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. Monthly invoices will be issued by the ENGINEER for all work perFormed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving seven (7) days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. �' �' ' 1 i � � " vr'i'J'�' i. �5 :�:��,�.�,�?; ? �a � ��" !� � �� �"� �� �i!�l i � ;� : cy y u,�f �!��� '`�J Ill;� 1�,-1'�i? li � � ;'^l '' ';U; � �'� � �V, �'`':,:;i:l�u, �ic�t, i � � � ORIGINAL 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. The CITY shall furnish such surveys, tests, and investigations, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurFace evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. ENGINEERING AGREEMENT Page 2 of 15 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 Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or ENGINEERING AGREEMENT Page 3 of 15 maintenance costs; competitive bidding procedures and market conditions; time or qualify of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information 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. 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. ENGINEERING AGREEMENT Page 4 of 15 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 workspace 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 photo copy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. ENGINEERING AGREEMENT Page 5 of 15 Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim (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 non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for worker's compensation, all insurers must 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. (fl 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. ENGINEERING AGREEMENT Page 6 of 15 (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 two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided the ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (I) 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 fihe ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When subconsultants maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. ENGINEERING AGREEMENT Page 7 of 15 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 �ROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and ev�luation. (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 ENGINEERING AGREEMENT Page 8 of 15 B. C. Q E F. ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. 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. 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. 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. 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. 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. ENGINEERING AGREEMENT Page 9 of 15 (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 ali 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. 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. ENGINEERING AGREEMENT Page 10 of 15 J K. Litigation Assistance The Scope of Services does not include costs of the requested assistance to support, prepare, document, litigation undertaken or defended by the CITY. In the services of the ENGINEER, this AGREEMENT shall agreement will be negotiated between the parties. Changes ENGINEER for required or bring, defend, or assist in event CITY requests such �e amended or a separate 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 Arrrendments to Article VI, if any, are included in Attachment C. A. B � � Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. 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. Force Majeure The ENGINEE by acts of God, the ENGINEER. Termination R is not responsible for damages or delay in performance caused strikes, lockouts, accidents, or other events beyond the control of (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 ENGINEERING AGREEMENT Page 11 of 15 such nonperFormance with five (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 �rior to proceeding rr�ith termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). ENGINEERING AGREEMENT Page 12 of 15 G. Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. H. interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. The term "Parties" mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 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 cfaims, 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. ENGINEERING AGREEMENT Page 13 of 15 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. M. Negotiated Agreement. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 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 Attachment C- Amendments to Standard Agreement for Engineering Services ENGINEERING AGREEMENT Page 14 of 15 ATTEST: Marty Hendr' City Secretary �- � `� �.�� - - --- -.- COr.traCc .�Utkio�'a ��t.iAk� :; - - — ---_ _��--_---� ���� APPROVED AS TO FORM AND LEGALITY ENGINEERING AGREEMENT Page 15 of 15 CITY OF FORT WORTH ity Manager APPROVAL RECOMMENDED , �; � �� ��� �(� ������� ���� S. Frank Crumb, P.E. Director, Water Department Black & Veatch Corporation ENGINEER � ' r, ' � n R �2 � � �' � �' � �:;'r�);,�.:_j'1 �����vr�:`'�(� ���� .� �� ��;� j!2�,,�1�; ;�����;,; ��� 'r'�;r�r��;;c;;SI�U y7l�t,(� � ,...�,:J:.:6��� ��G15a ATTACHMENT A TO STANDARD AGREEMENT FOR ENGINEERING SERVICES Owner: City of Fort Worth, Texas Engineer: Black & Veatch Corporation SCOPE OF SERVICES WORK TO BE PERFORMED ENGINEER will provide the following services in accordance with this scope of services and the terms of the Agreement. A process evaluation peer review will be performed in conjunction with the Design Engineer's Process Evaluation and Development. The main objective of the process evaluation peer review will be critical evaluation of the treatment process selection. A value engineering workshop will be conducted at the completion of the Design Engineer's 30% level of detailed design. The value engineering workshop will have a more multi-disciplinary evaluation of the preliminary project design to determine if improvements can be made to the main components of the system. A. Process Evaluation Peer Review The process evaluation peer review will include the ENGINEER's attendance at Workshop 1, review of three technical memorandums and two reports, and attendance at Warkshop 2 as described under E�ibit "A-1" of the Design Engineer's contract. The ENGINEER will provide the OWNER with written comrnents to each of the technical memorandums and reports. The Engineer's Peer Review Team will consist of a membrane treatment specialist, water process engineer, and a senior water treatment plant design engineer. The senior water treatment plant engineer and the project principal will attend Workshop 1. All peer review team members will attend Workshop 2. B. Value Engineering Workshop At the 30 percent level of completion of detailed design, the ENGINEER will assemble a team to conduct a 40-hour value engineering workshop. VE Team Leader The VE Team Leader will be both a certified value specialist (CVS) and a registered professional engineer (PE) subcontracted through the firm of Robinson, Stafford, and Rude, Inc. A VE Team Assistant will also be provided during the workshop to assist with administrative activities and to begin preparation of the study report. This will improve the VE Team's effectiveness and expedite the report delivery. �� A-1 VE Team Members ENGINEER will provide team members for the following disciplines. The esact team members will be selected by the ENGINEER and presented to the OWNER for concun•ence prior to the session. • Civil/Process • Membrane Treatment Specialist • Electrical & Instrumentation • Structural • Solids Handling and Disposal • Cost Estimating • Constructability Cost Models ENGINEER will provide cost opinions and potential scope adjustment (PSAs or trends) information for distribution to team members prior to the workshop. ENGINEER will develop a cost model(s) which will convey to the team members which project elements or features or functions are driving the cost of the project. These models will be used during the VE workshop to help focus the team on those aspects of the project consuming the greatest shares of the total project cost. Document Review The ENGINEER will be provided review documents at least two weeks in advance of the woi•kshop. ENGINEER will notify the team members of the on-line documents availability a minimum of two weeks prior to the workshop start. The team members will be instructed to review these documents in advance of the workshop. The VE team cost estimator will be instructed to review and validate project costs in advance of the workshop. Workshop The workshop will include an Information Phase, a Function Analysis Phase, a Creative Phase, an Evaluation Phase, a Development Phase, and a Presentation Phase. The workshop will be 40 hours in duration. The workshop will be initiated by presentations from OWNER who will describe the objectives of the project and any constraints that will be placed on tl�e VE study. OWNER'S project design team will explain specifically how the design accomplishes the OWNER's objectives and the details of that design. The workshop will include a complete function analysis of the major project elements. The team will generate a list of ideas for project improvement followed by an evaluation of those ideas. This evaluation will include input from key OWNER decision makers and OWNER'S project design team before proceeding with development of recommendations. On the last day of the workshop, a presentation of the recommendations will be provided to OWNER and the design team. The workshop will be held in Fort Worth, Texas at a location provided by OWNER. �� A-2 Presentations To �nake sure the VE team has complete information about the pi•oject criteria, OWNER will provide at a �ninimwn, the design team Project Manager or Pi•oject Engineer, and appropriate inembers of tlie design team for the first day and last day presentations as well as the mid-point review meeting. Site Visit A site visit may be conducted on the afternoon of the first day of the second workshop. This site visit will be attended by the VE team, OWNER representatives, and representatives of tlle design team. Post Workshou Post woi•kshop seivices i�iclude the Preliminaty, Di•aft, and Final VE Study Reports as summarized in the Deliverables section of this scope of services. ENGINEER will review Draft VE Study report for clarity and to ensure that the VE proposal recommendations are clear and understood by all parties. Workshop Lo�istics ENGINEER will provide: • refreshments for team members and other participants • an easel with a pad of paper • an overhead projector for the first and last days of the workshop • easy access to a telephone, copy machine, and a facsimile machine Res�ond to VE Comments and Proposals The final afternoon of the VE Workshop, OWNER and ENGINEER will tneet for up to four (4) hours to discuss VE Proposals and their potential implementation. The minutes fi•om this meeting will serve as ENGINEER's only comments on the VE proposals. The VE Study Team for this workshop will include seven team members. ENGINEER is responsible for providing the VE Team Leader. ENGINEER will also provide team members for the disciplines specified below. DELIVERABLES This VE study effort will include four deliverables, all of which are related to the results of the workshop. These deliverables are: • VE Team Presentation Handout • Preliminary VE Study Report • Draft VE Study Report • Final VE Study Report VE Team Presentation Hand-out At the beginning of the presentation of the VE results on the last day of the workshop, each person attending this presentation will be provided a hand out which contains: �� A-3 • Cover • Agenda • List of VE recommendations including capital and the present worth of O&M savings • List of design suggestions Preliminarv VE Study Repoc-t The Preliminary VE Study Report will be a compilation of the handwritten products developed in the workshop. This repo�rt will include all of the VE recommendations and design suggestions developed by the VE team during the workshop. Draft VE Stud�Report The purpose of this draft report is to give the design engineer's Project Manager and OWNER the opportunity to provide input to the final report. This document will be equivalent to the Final VE Study Report. Design engineer and/or OWNER will provide written comments to ensure that the VE Study Report information is clear. If comments are not received by the specified due date, the VE team will proceed with preparation of the final report. Final VE Studv R�ort This report is the final documentation of the VE study. The report is a finalized version of the Draft VE Study Report including the incorporation of OWNER's and design engineer's comments. The cover of the report will clearly indicate the project title, that it is the Final VE Study Report, and the date of the report. The submittal of this report concludes the VE study effort. Number of Re�orts ENGINEER will provided the following number of copies of each report for distribution to OWNER and other appropriate agencies: Preliminary VE Study Report .................................... 15 Draft VE Study Report ............................................... 2 Final VE Study Report ................. .................. 15 SCHEDULE This value engineering study will be conducted in accordance with the following schedule. Notice to Proceed Peer Review Workshop 1 ........................................... VE Workshop �a March 1, 2007 Apri] 2007 lst Quarter 2008 A-4 ATTACHMENT B TO CONTRACT FOR ENGINEERING SERVICES Owner: City of Fort Worth Engineer: Black & Veatch Corporation COMPENSATION For the services covered by this Contract, the Owner agrees to pay the Engineer as follows: A. The Owner agrees to pay the Engineer an amount equal to the Engineer's payroll costs times 2.30 plus reimbursable expenses. Reimbursable costs for subcontract services will be billed at cost times 1.05. All other indirect costs will be billed at cost times 1.10. The maximum billed for these services shall not exceed $171,140 without further authorization. The following expenses are reimbursable work items: 1. Travel, subsistence, and incidental costs 2. Use of motor vehicles on a monthly rental basis for assigned vehicles and on a mileage basis or rental cost basis for vehicles use for short periods. 3. Telegraph costs, long distance telephone costs and project "onsite" telephone costs. 4. Reproduction of reports, drawings, and specifications. 5. Postage and shipping charges for project-related materials. 6. Cost of acquiring any materials or services specifically for and applicable only to this project. 7. Subcontract service costs. B. The Engineer agrees to use its best efforts to perform the services within the billing limits stated above and in accordance with the agreed upon performance schedules. If, at any time, the Engineer has reason to believe that additional work is required outside the deiined scope of work of this Agreement, the Engineer shall promptly notify the Owner to that effect. 0� The Owner will not be obligated to reimburse the Engineer for costs incurred in performing the additional work, nor shall the Engineer be obligated to perfoim the additional work under the Agreement or otherwise incur costs in excess of the amount stated above, unless and until the Owner notifies the Engineer in writing that the billing limits have been increased, and has specified in such notice revised billing limits for the services in question. When and to the extent that the billing limits have been increased, any costs incurred by the Engineer, in eYcess of the billing limits prior to their increase shall be allowable to the same extent as if such costs had been incurred after the increase in the billing limits was approved. : C. Monthly payments shall be made to the Engineer by the Owner based on the Engineer's statement. For fixed price work items, the statement shall indicate amount due proportionate to the progress of the work as reported by the Engineer. For payroll multiplier, the statement shall be itemized to indicate the amount of work performed and the associated reimbursable expenses and subcontract costs. D. It is understood and agreed that the maxi�num billing is based on the start of the services being authorized not later than the date given below. If start of services is not authorized by the date given, it is understood and agreed that the maximum billing limit will be adjusted accordingly by a supplement to this Agreement. The authorization date is as follows: Item Date Value Engineering Workshop February 1, 2008 �d � ATTACHMENT C TO STANDARD AGREEMENT FOR ENGINEERING SERVICES Owner: City of Fort Woi-th Engineer: Black & Veatch Corporation AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES The following amendments are made to the Standard Agreement for Engineering Services. A. In Article IV, paragraph C, Subsurface Investigations, delete subparagraphs 1 and 2 and insert "Not applicable". B. In Article IV, paragraph D, Preparation of Engineering Drawings, delete the description and insert "Not applicable". C. In Article IV, paragraph E, Engineer's Personnel at Construction Site, delete subparagraphs 1, 2, and 3, and insert "Not applicable". D. In Article IV, paragraph G, Construction Progress Payments, delete the description and insert "Not applicable". E. In Article IV, paragraph H, Record Drawings, delete the description and insert "Not applicable". �a c-1 F Z W � a O J W W � W Lt-' LL O . � � � Z LL m W W 0 m Z U W W � � ��� � ��� � � � 61 I� � 00 1� V fD N(7 O �� � �� N � N� V 1� F � � � � fA fA Vj O O V O h O O O O 69 EA cD (fl tn N 69 I� 69 I� W N ffl � O V V V V OD 00 O> N N � � Vi V� � � C O O � u� u� N � � � N � � O O O � � � � N 4� li� � m v� F» F» N O � U � � � � (O (O (O O N O � � � � (�O � V V �(O M t� M� V 4� C (O C � � � O O '� C�J a � E �o co o co v� N a ¢ U � jq O O V� V V�] N O U � o o v � v ;° ;° O ti w � � � N O O t� V� � O U m W a o o v.00.v v;D � � m W � o o v�v ;° ;° 0 � m w O N N N U � N � [7 � M O d � W � � O N N � 00 �(D N � N � M V � W � m � O O � O� tD � O�(O N �� N N N c'� 'cl' � d C 'C O(O (O t0 W o0 c0 N a` � 0 �A m m m � N H r F- F- 'C a � � a � !n � (n C � v � o ,� � � C @ C � O � � N � � O d � .- L N �- � � U 0 � C yZ�-Z rLr ,tn �� y O� O Y Y-Y O V V � N� y �� �� d Ul Y .v ` � � � � a`a` a��� >a>a ° � 0 0 N O M � r Z W � a O ,.., J 'C W d � � W C � O W v � (� � Z m � H (JJ m Z 2 C9 >C Z W W >- � Q � � � � W W LL F- Z Q J � � Z O U m � � O � N J � Q � F-' Et} Q � n. O t � Y > rn c .� N C .� c w � � � � M&C Request Review Page 1 of 2 «' ii ' � i ! r • i � . �a�me � C�ncil �#genda � M&C � Ertrplc�e� �Irectsry � AGTaday I Emplcx�*ee �iass�eds � RRS � IT Online � agp�rtmeots � Sike M�p Print M&C COUNCIL ACTION: Approved on 4/10/2007 - Ordinance No. 17492-04-2007 DATE: 4/10/2007 REFERENCE NO.: **C-22057 LOG NAME: 60NW WTP CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of an Engineering Agreement with Black & Veatch Corporation for the Northwest Water Treatment Plant Value Engineering and Adopt Appropriation Ordinance (Project No. 00456) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $171,140.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $171,140.00, from available funds; and 3. Authorize the City Manager to execute an engineering agreement with Black & Veatch Corporation in the amount of $171,140 for the Northwest Water Treatment Plant Value Engineering DISCUSSION: On March 19, 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 Master Plan recommended constructing a water treatment plant in the northwest part of Fort Worth prior to 2011. Growth in western Fort Worth, including proposed developments such as the Walsh Ranch, requires the Water Department to accelerate the construction of this water treatment plant to meet the peak demands and to provide redundancy to the area. The proposed Northwest Water Treatment Plant will treat raw water conveyed through a 90" raw water main, connecting Lake Benbrook and Eagle Mountain Lake, proposed to be constructed by the Tarrant Regional Water District (TRWD) by the spring of 2008. Potential raw water to be conveyed to the Northwest Water Treatment Plant through this pipeline includes blends of Richland Chambers, Cedar Creek, and Benbrook Reservoirs. In August 2006, the Fort Worth Water Department solicited proposals from engineering firms for the design and construction management of the Northwest Water Treatment Plant. All firms submitting proposals were interviewed. Black & Veatch Corporation was selected to perform the value engineering and construction management. Black & Veatch Corporation is in compliance with the City's M/WBE Ordinance by committing to 8 percent M/WBE participation. The City's goal on this project is 8 percent. http://www.cfwnet.org/council�acket/mc_review.asp?refnum=C-22057 4/13/2007 M&C Request Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation 1 and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers 1 &2) P264 472045 6075400456ZZ $171,140.00 2) P264 531200 607540045634 $171,140.00 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers 1) PE45 538070 0609020 $171,140.00 3) P264 531200 607540045634 $171,140.00 Marc Ott (8476) S. Frank Crumb (8207) S. Frank Crumb (8207) ATTACHMENTS 60NW WTP.doc http://www.cfwnet.org/council�acket/mc_review.asp?refnum=C-22057 4/13/2007