HomeMy WebLinkAboutContract 46033 011T SECR,E YAW
CONTRAQ W®.
CITY OF FORT WORTH,TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the
"CITY"), and Freese & Nichols, Inc., authorized to do business in Texas, (the "ENGINEER"), for a
PROJECT generally described as: Specialty Support Engineering Contract.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation shall be in the amount of $199,854.00 as set forth in
Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not limited to
meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I,the final payment of any balance will
be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing,only that portion so contested will be withheld
from payment, and the undisputed portion will be paid. The CITY will exercise
reasonableness in contesting any bill or portion thereof. No interest will accrue on any
contested portion of the billing until mutually resolved.
M (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith
y� within 60 days of the amount due, the ENGINEER may, after giving 7 days'written notice
E=1 to CITY, suspend services under this AGREEMENT until paid in full. In the event of
CD 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 OFFBCCAL RECORD
C177 SECRETARY
[,F K FORTH,TX
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
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 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) 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. ENGINEER shall also advise the CITY concerning
the results of same. Such surveys,tests,and investigations shall be fiunished
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 effdets are not the
responsibility of ENGINEER.
D. Preparation of Engineering Drawings
ENGINEER will not be providing any Engineering Drawings under this Contract.
E. ENGINEER's Personnel at Construction Site
(1) The presence or duties of ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise,do not make 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,
2
L:\Resources\OLCR\F\Fort WOrth\Part Time Specialty Engineering Project Contract
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. 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, 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 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,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 in providing the
services set forth in Attachment A, ENGINEER shall furnish such
certification to verify materials, systems, or equipment and performance
criteria are as required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) 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, 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
operation personnel; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore,
ENGINEER makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not vary from
ENGINEER's opinions, analyses,projections, or estimates.
3
L:\Resources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project Contract
G Construction Progress Payments
Recommendations by ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on 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 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
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. ENGINEER is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance
13471,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 ENGINEER may result,in the termination of this
AGREEMENT and debarment from participating in City contracts for a period of
time of not less than three (3)years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall,until the expiration of three(3)years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books,documents,papers and
records of 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.
4
L:\Resources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project Contract
(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 subcontracts,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.
K. ENGINEER's Insurance
(1) Insurance Coverage and Limits:
ENGINEER shall provide to the CITY certificate(s) of insurance
documenting policies of the following coverage at minimum limits which are
to be in effect prior to commencement of work on the PROJECT:
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.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease -policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate
(2) Certificates of insurance evidencing that 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.
5
LAResources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project Contract
(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(3 0)days notice of cancellation,non-renewal or
material change in coverage shall be provided to the CITY. Aten(10)
day notice shall be acceptable in the event of non-payment of
premium. Such terms shall be endorsed onto ENGINEER's insurance
policies. Notice shall be sent to the respective Department Director
(by name), City of Fort Worth, 1000 Throckmorton, Fort Worth,
Texas 76102.
(e) Insurers for all policies must be authorized to do business in the state
of Texas or be otherwise approved by the CITY; and, such insurers
shall be acceptable to the CITY in terms of their financial strength
and solvency.
(f) Deductible limits, or self insured retentions, affecting insurance
required herein 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 also
be 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 ENGINEER's insurance policies including
endorsements thereto and,at the CITY's discretion,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 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 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.
6
LAResources\0LCR\F\Fort Worth\Part Time Specialty Engineering Project Contract
(1) All insurance required in Section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to ENGINEER shall be required by ENGINEER to
maintain the same or reasonably equivalent insurance coverage as
required for ENGINEER. When insurance coverage is maintained by
subconsultants,ENGINEER shall provide CITY with documentation
thereof on a certificate of insurance. Notwithstanding anything to the
contrary contained herein, in the event a subconsultant's insurance
coverage is cancelled or terminated,such cancellation or termination
shall not constitute a breach by ENGINEER of the AGREEMENT.
L. Independent Consultant
ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY.
M. Disclosure
ENGINEER acknowledges to the CITY it has made full disclosure in writing of any
existing conflicts of interest or potential conflicts if interest, including personal
financial interest,direct or indirect,in property abutting the proposed PROJECT and
business relationships with abutting property cities. 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,
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,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 j
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which ENGINEER
should have been aware of at the time this AGREEMENT was executed,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 ENGINEER could not have
7
LAResources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project Contract
been reasonably aware of,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 ENGINEER all technical data in the CITY's
possession relating to ENGINEER's services on the PROJECT. 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 ENGINEER as required for
ENGINEER's performance of its services and will provide labor and safety
equipment as required by ENGINEER for such access. The CITY will perform,at no
cost to ENGINEER, such tests of equipment, machinery, pipelines, and other
components of the CITY's facilities as may be required in connection with
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
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine 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.
E. Prompt Notice
The CITY will give prompt written notice to ENGINEER whenever the CITY
observes or becomes aware of any development that affects the scope or timing of
ENGINEER's services or of any defect in the work of ENGINEER or construction
contractors.
8
L:\Resources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project Contract
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release ENGINEER and its officers,employees, and subcontractors from all
claims, damages, losses, and costs, including, but not limited to, attorney's
fees and litigation expenses arising out of or relating to the presence,
discharge, release, or escape of hazardous substances, contaminants, or
asbestos on or from the PROJECT. Nothing contained herein shall be
construed to require the CITY to levy, assess, or collect any tax to fund this
indemnification.
(2) The indemnification and release required above shall not apply in the event
the discharge, release, or escape of hazardous substances, contaminants, or
asbestos is a result of ENGINEER's negligence or if such hazardous
substance, contaminant, or asbestos is brought onto the PROJECT by
ENGINEER.
G Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IVE. regarding ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and 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
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
ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and 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.
9
L:\Resources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project Contract
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of 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 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 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
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 ENGINEER will be at
the CITY's sole risk. The final designs, drawings, specifications, and documents
shall be owned by the CITY.
10
L:\Resources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project Contract
C. Force Majeure
ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes,lockouts,accidents,or other events beyond the control of ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the CITY for convenience on
3 0 days'written notice. This AGREEMENT may be terminated by either the
CITY or ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance within 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the CITY,
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 ENGINEER's personnel to document the
work underway at the time of the CITY's termination for convenience
so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services,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 of Work
The CITY may suspend, delay, or interrupt the services of 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
ENGINEER's personnel and subcontractors,and ENGINEER's compensation will be
made.
F Indemnification
(1) ENGINEER agrees to indemnify and defend the CITY from any loss,cost,or
expense claimed by third parties for any property damage and bodily injury,
including death, caused solely by the negligence or willful misconduct of
ENGINEER, its employees, officers, and subcontractors in connection with
the PROJECT.
11
LAResources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project Contract
(2) If the negligence or willful misconduct of both ENGINEER and the CITY
(for 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
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P.&R. Code,
Section 33.011(4) (Vernon Supplement 1996).
G Assignment
Neither party will assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this., AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery,including breach of contract or warranty,tort including negligence,strict or
statutory liability,or any other cause of action,except for willful misconduct or gross
negligence for limitations of liability and sole negligence for indemnification. Parties
means the CITY and ENGINEER and their officers, employees, agents, and
subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance,and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this AGREEMENT or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder,will be submitted to mediation. If mediation is unsuccessful,the
claim, dispute, or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely to
be less than $50,000, exclusive of attorney's fees, costs, and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs, and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will
not be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act(9 U.S.C. Sections 10 and
11).
12
L\Resources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project Contract
(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 parry within said ninety (90) day period, the award shall
become null and void and shall not be used by either parry for any purpose in
the litigation.
L. 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.,VIH.,VI.I.,and VI.J.shall survive termination
of this AGREEMENT for any cause.
M. 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.
THIS SPACE INTENTIONALLY LEFT BLANK
13
L\Resources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project Contract
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 - Supplemental Obligations of ENGINEER
IN TESTIMONY WHEREOF,the City of Fort Worth has caused this instrument to be signed
in quintuplet in its name and on its behalf, by its Assistant City Manager and attested by its City
Secretary, with the Corporate Seal affixed, and the Engineer also has properly executed this
instrument in quadruplet copies each of which is deemed an original.
EXECUTED this day oAR&1X- ,A.D., 2014.
ATTEST: F® CITY OF FORT WORTH
tl dyp0000 4'
e Q
° 0
° o
O
O O
ary er
City ecretary P Fernando Costa
°°°°°°°°°� Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY
D.01404 FREESE AND NICHOLS, INC.
Assistant City Attorney
kA4 c G- pp Y
ATTEST: q,Z 3-«(
By:
Thomas Haster, P.E.
Principal
APPROVAL RECOMMENDED:
By•
Andrew T. Cronberg, P.E. OFFICIAL RECORD
Interim Water Director CI''V SECRETARY
14 FT,WORTH,TX
LAResources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project Contract
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
PART TIME SPECIALTY ENGINEERING SERVICES 2014 PROJECT
GENERAL SCOPE OF SERVICES
SECTION 1 -DESCRIPTION OF PROJECT,AGREEMENT AND SCHEDULE
This Project consists of part time specialty engineering services to address engineering
analyses, construction inspection, and other services deemed needed by the Fort Worth Water
Department.
This agreement describes the services to be provided by FNI. The scope of services required is
presented as basic services and additional services. The basic services cover the elements required
for the Project and 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 project is expected to begin on April 1, 2014 and last one year.
SECTION 2 -BASIC SERVICES
This section describes the services FNI will provide as basic services.
1.00 SPECIALTY ENGINEERING SERVICES
Provide specialty engineering services as authorized by the Fort Worth Water Department.
The exact scope of these services is indeterminate but will provide engineering analyses,
development of reports, and construction management assistance as deemed necessary and
appropriate by the Fort Worth Water Department.
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.
Attachment A-1
LAResources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project Attach A
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 certification 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.
E. Providing shop,mill,or laboratory inspections of materials and equipment other than
routine inspection of concrete and soils provided in Section 2 - Basic Services,
paragraph 3.02
F. Preparing any required Operation and Maintenance Manuals or conducting operator
training beyond Item 3.02 of Basic Services.
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. 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.
I. 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.
J. Additional services that are required to comply with local, State or Federal
regulations that becomes effective after the date of this agreement.
K. Conducting pilot plant studies or tests.
L. GIS mapping services or assistance with these services.
M. Geotechnical investigations, studies, and reports.
Attachment A-2
L:\Resources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project Attach A
Hill
u N N N
m m m:
o y
y N O m iii
y N ri Z Y N m
o A A
z x a« z» —
1
z =.
m9
z N�
r. n nN
rA N
� Z a
D �o
n -
TA�
Z �
� m
S>
� d
N A A,C
� v n :�•s
H
A Z.
z N
� A
e
N
R _ O
m
m _ O
p _ D
6 _ $
A
m o
' l
y
y y »
ZN �m O
y
O
3 c
w H H H H H H w w w w y
m'=
o m
�v
Z � m
H H H O H C
0 8 3
a
+ 3 N Z
N �9
m� n
m m 2
N y p m tm�
° F
y y F z N y
X° 0 3 3 A
z
m ° P
mT
z m,
r. n ay
v
z m�
6 _
A9
uu u «
v .
a Thy R 2E
Al
m �
2 �
N �
0
y
R 3
N _ O
v
� O
9
- O
O
�s �F
A � «
y
0
m F
o r
z c
0
F
xm
zS
A � n
o a
N fn a s Fn a a u u a sn y G y m
« O
m
O A
z
S H y
a ~ 3
C 3
w
A J a N
z $�
ATTACHMENT C
SUPPLEMENTAL OBLIGATIONS OF ENGINEER
ATTACHMENT C
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR
PART TIME SPECIALTY ENGINEERING SERVICES 2014
SUPPLEMENTAL OBLIGATIONS OF ENGINEER
Amend the following sections of the City of Fort Worth,Texas Standard Agreement for Engineering
Services:
Article IV- Oblijzations of the En ig peer
Delete Paragraph C Subsurface Investigations. Subsurface investigations are not included in this
Scope of Services.
Delete Paragraph D Engineering Drawings,
Delete Paragraph E- ENGINEER's Personnel at Construction Site.
(2)and(3)
Delete Paragraph H Record Drawings.
Delete Paragraph N Asbestos or Hazardous Substances.
Delete Paragraph O Permitting Authorities-Design Changes.
i
i
Attachment C-1
L:\Resources\OLCR\F\Fort Worth\Part Time Specialty Engineering Project ATTACH C
M&C Review Page 1 of 2
Official
CITY COUNCIL AGENDA FORTH
COUNCIL ACTION: Approved on 9/23/2014
REFERENCE ** 60SPECIALTY SUPPORT
DATE: 9/23/2014 NO.: C-27004 LOG NAME: ENG- FREESE & NICHOLS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Engineering Agreement with Freese & Nichols, Inc., in the Amount of
$199,854.00 for Specialty Support Engineering Contract and Provide for Staff Project
Management for a Total Amount of$224,854.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Engineering
Agreement with Freese & Nichols, Inc., for a specialty support engineering contract in the amount of
$199,854.00 and provide for staff project management for a total amount of$224,854.00.
DISCUSSION:
The Water Department has a need for experienced engineering support for evaluation and
recommendations on problems and issues related to complex water and wastewater treatment plant
construction projects, major water transmission main projects, and wastewater operational contracts.
In addition, independent engineering opinions can be provided for proposed or existing construction
or operational contract issues.
The Engineer will provide specialty engineering support on issues for which the Water Department
needs independent engineering evaluation and recommendations or opinions. As engineering work is
required, the Engineer will be issued an assignment from the City for which a cost determination must
be prepared and approved before work begins. Emergency or directed work will be directly invoiced
for reasonable costs.
M/WBE Office -A waiver of the goal for the MBE/SBE subcontracting requirements was requested by
the Department and approved by the M/WBE Office, in accordance with the BDE Ordinance, because
the purchase of goods and services where subcontracting or supplier opportunities are negligible.
In addition to the contract amount, $25,000.00 is required for Staff project management.
This project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Sewer Capital Project Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P258 531200 705300236785 $199,854.00
Submitted for City Manager's Office by: Fernando Costa (6122)
http://apps.cfwnet.org/council_packet/me_review.asp?ID=20188&councildate=9/23/2014 10/2/2014
VI&C Review Page 2 of 2
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: David Townsend (8430)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=20188&councildate=9/23/2014 10/2/2014