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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 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.
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� 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
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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
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APPROVED AS TO FORM
AND LEGALITY
ENGINEERING AGREEMENT
Page 15 of 15
CITY OF FORT WORTH
ity Manager
APPROVAL RECOMMENDED
, �; �
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���� S. Frank Crumb, P.E.
Director, Water Department
Black & Veatch Corporation
ENGINEER
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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.
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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
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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".
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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