HomeMy WebLinkAbout025583 - Construction-Related - Contract - Black & Veatch Corporation.�
CITY SECRETARY � -r
CONTRACT NO , �-�r5 �3
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: Stage Coach Pump
Station Improvements, PW77-060770160180.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article III
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article II
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 to reasonably
substantiate the invoices.
(2) 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.
(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.
(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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Article N
Obiigations of the Engineer�
Amendments to ArtiGe IV, if any, are included in Attachment C.
A. Genetat
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consuitation and
advice and fumishing customary services incidental thereto.
B. Standard of Care
The standard of care applicabie to the ENGiNEER's services will be the degree
of skiil and diligence normally employed in the State of Texas by professional
engineers or cansultants performing the same or similar services at the time
such services are perFoRned.
C. Subsu�face Investigations
(1j The ENGINEER shall advise the CITY with regar�d to the necessity for
subcontract work such as speaai surveys, tests, test borings� or other
subsurface investigations in oonnection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY conceming the results of same. Such surveys, tests� and
investigations shafi be fumished by the CITY� unfess otherwise speafied
in Attachment A. � �
(2) In soiis� foundation, groundwater� and other subsurface investigations,
the actual characteristics may vary significantiy b�atween successive test
points and sampie . intervals and at locations other than where
observations, expioratian� and investigations have been made. Because
of the inherern uncertainties in subsurFace evaluations, changed or
unanticipated underground conditions may occur that could affeat the
total PROJECT cost andlor execution. These conditions and
cost/execution effects are not the responsibility of the ENGlNEER.
D. Preparation of Engineering Drawings
The ENGtNEER wiil provide to the C1TY the original drawings of aii pians in ink
on reproducible plastic fiim sheets, or as otherwise approved by CITY, which
shall become the property oi the ClTY. CITY may use such drawings in any
manne� it desires; provided, however, that the ENGiNEER shall not be liable for
the use of such drawings for any projed other than the PROJECT described �
herein. � � �
E. Engineer's Personnei at Construction Site
{1) The presence or duties of the ENGINEER's personnel at a oonstrudion
site, whether as on-site reQresentatives 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 ott�er
entity of their obligations, duties, and responsibilities, including� but-not
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limited to, all construc�ion methods, means, techniques� sequences, and
procedures necessary for coordinating and compieting ali portions of the�
construc�ion worlc in accordance with the Contract Documents and any
health or �afety ptecautions required by such construction work. The
ENGINEER and its personne( have no authority to exercise any control
over any oonstruction contractor or other entity or their employees in
co�nec�ion with their work or any heaith or safety precautions.
(2) Except to the extent of spe�c site visits exprBssly detailed and set forth
in Attachment A� the ENGlNEER 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 pertonned in
a manner indicating that the PROJECT� when oompleted, wiil be in
acc:orciance with the Contract Documents; nor sha11 anything in the
Contract Documents or the agreement between CITY and ENGiNEER
be construed as requiring ENGINEER to make exhaustive or continuows
. on-site i�spec�ions to discover latent defects in the work or otherwise
check the quaiity 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 shali endeavor
to keep the CITY infomned of any deviation from the Contract Documents
coming to the actual notice of ENGiNEER reganding the PROJECT.
(3} When professional certification of pertormance or characteristics of
materials, systems or equipment is reasonabiy required to perform the
services set forth in the Scope of Services, the ENGINEER shall be
entitled to rely upon such certification to estabiish materiats, systems or
equipment and pertormance criteria to be required in the Contract
Documents.
F. Opinions of Probabie Cost, Financiai Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in aoc:ordance
with Attachment A.
(2) In providing � opinions of cost, finanaal analyses, economic feasibility
projections, and schedules for the PROJECT� the ENGINEER has no
control over cost or price of labor and materials; u�known or latent
conditions of existing equipment or s�trucxures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or qualify of pertormance by third parties; quality� type,
management� or direction of operating personnel; a�d other economic
and operationai factors that may materially affect the ultimate PROJECT�
cost or schedule. Therefore, the ENGINEER makes no warranty that the
. CITY's actual PROJECT costs� finanaal aspects� economic feasibility� or
schedules will not vary from the ENGINEER's opinions, analyses�
projections, or estimates.
G. Construction Progress Payments
Recommendatio�s by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's know(edge� informa6on, and belief from selective sampiing and
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observation that the work has progressed to the point indicated. � Such
recommendations do not r�epresent that continuous or detaited 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 finai work will be acceptable in ali respects; that the ENGINEER has made
an examination to ascertain how or for what purpose the construction contractor
has used the moneys paid; that titte to any of the work� materials, or equipment
has passed to the CITY free and dear of liens, daims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY
and the co�struction contractor that affed the amount that should be paid.
H. Recor�d Drawings
Record drawings, if required. wiii be prepared, in part� on the basis of
information compiled and fumished by others, and may not aiways �+epresent
the exact location� type of various oomponents, or exact manner in which the
PROJECT was finally co�structed. The ENGINEER is not responsible for any
errors or omissions in the infortnation from others that is incorporated into the
record drawings.
1. Minority and Woman Business Errterprise (MNVBE) participation
!n accord with City of Fort Worth Orciinance No. 11923� the City has goais for
the participation of minority business enterprises and woman business
enterprises �in City contracts. Engineer acknowledges the M/1NBE goal
established for this contract and its oommitment to meet that goal. Any
misrepresentation of facts (other than a negfigent misiepresentation) and/or the
commission of fraud by the Engineer may result in the termination of this
agreement and debarment from partiapating in City contracts for a period of
time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees U�at the CITY shall, unti! 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
nomta! working hours to al! necessary ENGINEER facitities and shall be
provided adequate and appropriate work space in order to conduct
audits in compfiance with the provisions of this section. The CITY shall
give ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to indude in ali its subconsuttant agreements
hereunder a provision to the effed that the subconsultant agrees that
the CIN shail, 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� invoiving transaations to the subcontract� and
further, that the CiN shali have access during normat working hours to
ail subconsultant facilities, and shall be provided adequate and
appropriate wor{c space, in orcler to conduct audits in comptiance with the
provisions of this article together with subsecaon (3)hereof. CiTY shall
give subconsuitant reasonable advance notice of intended audits.
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(3) ENGINEER and subconsultant agree to photo copy such documents as
may be requested by the CI7Y. 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 iimits which are to be in effect
prior to commencement of woric on the PROJECT:
Commenaai General Liabitity �
$1,000,000 each occurrence
�1,000,000 aggregate
Automobile Uability
a1,000,000 each acadent (or reasonably equivalent limits of coverage if Hmtten
on a spfit limits basis). Coverage shall be on any vehicle used in the course of
the PROJECT.
Workers Compensation
Coverage A: statutory limits
Coverage B: 5100,000 each accident .
$500,000 disease - poliay limit
$900,000 disease - each employee
Professional Liabitity �.
�1 �000�000 each daim/annuai aggregate
(2) Certificates of insurance evidenang that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable poliaes shall be endorsed to name the CITY an
Additional insured thereon� as its interests may appear. The term
CITY shall include its empioyees� officers� o�cials, agents, and
volunteers as respects the contracted services. ,
(b) Certificate(s) of insurance• � shall document that insurance
coverages specified accorciing to items section K.(1) and K.(2) of
. this agreeme�t are provided under appticabte policies
documented thereon.
(c) Any failure on part of the ClTY to request nequired insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation� non-r+enewal
or material change in coverage shafl be provided to the� C{TY. A
ten (10) days notice shall be acceptable in the event of non-
payme�t of premium. Such terms shall be endotsed onto
ENGINEER's insurance policies. Notice shall be sent to the
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nespective Department Dir+ecto� (by name), City of Fort Worth,
1000 Throckmorton, Fort worth, Texas 7s�o2. � ..
(e) Insurers for ail policies must be authorized to do business in the
state of Texas or be othervvise approved by the CITY; and, such
insurers shall be acceptabie to the CITY in terms of their financial
strength and solvency.
(fl Deductible limits, or seif insured retentions, affecting insurance
required herein may be acceptable to the CtTY at its sole
discretion; and, in lieu of traditionat insurance, any aftemative
caverage maintained through insurance pools or risk reten�on
groups must be atso approved. Dedicated hnanciat resour�ces or
letters of credit may also be acxeptable to the City.
(g) Appiicable poliaes shall each be e�dorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h3 The Ciiy shaii be enti�ed, upon its request and without incurring
expense, to review the ENGINEER's insurance poliaes including
endorsements thereto and, at the ClT1Cs discretion, the
ENGINEER may be required to provide proof of insurance
premium payments.
(i) The Commercial General Uabil'ity insurance policy shail have no
exclusions by endorsements unless such are approved by the
CIIY. �
('�j The Professio�al Liability insurance poiicy, if written on a daims
made basis shail be maintained by the ENGINEER for a minimum
two (2) year period subsequent to the term of the respective
PROJECT contract with �the CRY .uniess such coverage is
provided the ENGINEER on an occc�mence basis.
(k) The CITY shatl not be responsibte for the dired payment of any
insuranc:e premiums required by this agreement It is understood
that insurance cost is an ailowable component of ENGINEER's
overhead. . �
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(i) Aii insurance required in section K., except for the Professional
Liability insurance poficy� shall be written on an occurrence basis
in order to be approved by the CtTY. .
(m) Subconsuitants to the ENGINEER shalt be required by the
ENGINEER to maintain the same or reasonably equivalent �
insurance c:overage as required for the ENGINEER. When
insurance coverage is maintained by subconsuitants, ENGINEER
shail provide C{TY with documentation thereof on a certificate of
� insurance. Notwithstanding anything to the contcary cantained
herein, in the event a subconsultanYs insurance coverage is
canceled or terminated� such canceilation or termination shall not
constitute a breach by ENGINEER of the Agreemen�
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I y
L independent Consuitant
The ENGiNEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CIN.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made fuli disGosur�e in
writing of any existing conflicts of interest or potential conflicts of interest�
inciuding personal �inancial interest� direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property aties.
The ENGINEER further acknowledges that it wiil 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 contrac�.
N. Asbestos or Hazardous Substances
(1). If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER wiil stop its own wo�ic in the affected portions
of the PROJECT to permit testing and evaluation. .
(2) if asbestos or other hazardous substances are suspected� the
ENGINEER will� if requested� assist the CITY fn obtaining the services of
a qualified subcontractor to manage the remediation activities of the
PROJECT.
O. Permittfn� Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design aiteria and/or curre�t engineering practice standards which the
ENGINEER should have been aware of at the Ume 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 ENGfNEER 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 CI7Y will make available to the ENGINEER aii technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGiNEER may rely upon the accuracy� timeliness, and completeness of the
infoRnation provided by the CIN excep`t when verificatio� is necessary� to insure
the proper delivery of services to be performed.
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B. Access to Facilities and Property
The CITY will make its faalities accessibie to the ENGINEER as required for the
ENGINEER's pertormance of its services and wili provide labor and safety
equipment as required by the ENGINEER for such access. The CITY wifl
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 C(TY'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 ior bids; permits and licenses nequired
by iocal, state, or federal authorfties; and land, easements, rights-ofanray� and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The ClTY will examine the ENGINEER's studies, reports� sketches, drawings.
speafications, proposais� and other documents; obtain advice of an attomey�
insurance counselor, acxountant� auditor� bond a�d finanaal advisors� and other
consuttants as the CITY deems appropriate; and render in writing decisions
nequired by the CITY in a �lmely manner in accor�dance with the project schedule
in Attachment D. �
E. Prompt Notice
The CITY will give prompt wriiten 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 �nrork of the ENGlNEER o� .
construc�ion contractors. �
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law� the CITY will indemnify and
nelease ENGINEER and its o�cers, empioyees, and subcontractors from
all daims, damages, losses, and • costs, induding, bert not limited to,
attomey'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 shaU be construed to require the CITY to levy, assess or collect
any tax to fund this indemnification.
(2) The indemnification and release �equired above shali not apply in the -
eve�t the discharge. release or escape of hazardous substances�
contaminants, or asbestos is a result of ENGINEER'S negligence or if
such hazarclous substance, contaminant or asbestos is brought onto the
PROJECT by ENGiNEER.
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G. Contractor Indemnification and Claims
The CITY agrees to ind�ude in all construction contracts the provisions of Artide
IV.E. regarding the ENGlNEER's Personnel at Construction Site� and provisions
providing conttactor indemnification of the CITY and the ENGINEER for
oontractors negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to indude the foilowing dause in all contracts with
construc�ion contractors and.equipment or materials suppiiers:
"Contractors� subcontractor5 and equipment and materials
suppliers on the PROJECT� or their sur�eties, shall maintain no
dired action against the ENGINEER, its officeis, employees� and
subcontractors, for any daim arising out of, in connection with, or
resulting from the engineering services pertormed. Only the CfTY
wiil 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 bene�iaaries.
(3) The CITY wiil indude in each agreement it enters into with any other
entity or person reganiing the PROJECT a provision that such enti�ty or
person shali have no tl�irc!-party benefiaary rights under this Agreement
(4) Nothing contained in tfiis sec�ion V.H. shati be construued as a waiver of
any right the CIN has to bring a daim against ENGINEER.
!. C{TY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
sbvctures associated with the PROJECT.
(2) The CITY wiil ensure that Buiiders 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 certiiicate of insurance. �
(3) The CITY wili specify that the Buiiders Risk/lnstallation insurance shalf
be comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or �
requested assistance to support, prepare, document, bring� defend� or assist in
litigation undertaken or defended by the CITY. I� the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
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K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEhAENT. if such changes affect the ENGtNEER's cost of or time
required for performance of the services, an equitable adjustment wili be made
through an amendment to this AGREEMENT with appropriate CITY approvat.
Article VI
General LeBal Provisions
Amendments to Artide VI� if any, are induded in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorfzed to proceed with this AGREEMENT upon receipt
of a written Notice to Proceed from the CIN.
B. Reuse of Project Documents
All designs, drawings, speafic�tions, documents, and other woric 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 behatf of the
CIN of any such instruments of service wi�out the wFitten permission of the
ENGINEER will be at the CITY's so(e risk. The final designs� drawings�
specifications and documents shall be owned by the CIN .
C. Force Majeure
The ENGINEER is not responsible for damages oc delay in performance caused
by acts of God, strikes, lodcouts, acadents� or other events beyond the controi
of the ENGINEER. • � �
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience
on 30 days' written notice. This �AGREEMENT may be terminated by
either the CITY or the ENGINEER for cause if either party fails
substantia(ly to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written
notice and diligenUy complete the comection thereafter.
(2) If this AGREEMENT is terminated for the oonvenience of the City� the
ENGINEER witl be paid for termination expenses as follows: -
a) Cost of reprodudion of partiai 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;
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c) The time requirements for the ENGtNEER'S personnel to
doa�ment the work underway at the time the CITY'S temtination�
for convenience so that the woric effort is suitable for long �me
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 wiii be obtained in wrtting prior to proceeding with
termina�on services. .• � .
E. Suspension, Defay� or fr�terruption to Work
The CITY may suspend, delay� or interrupt the services of the ENGINEER� for
the co�venience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustmerrt in the PROJECTs schedule� cammitment .,.
and cost of the ENGINEER's personnet and subcontractors� and ENGINEER's
compensa#ion will be made. �
F. Indemn�cation
(1� The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost� or axpense daimed by thirci parties for property damage and bodi(y
injury. including death� caused �solely b� the ne�ligence or wiliful
misconduct of �he ENGINEER;�i -" empioyees, office�s, and
succonvactors in connection with the PROJECT. - -�� .
{2) if the negligence or wiilfut misconduct of both the ENGINEER and the
CtTY (or a person identfied above for whom each is liabte) is a cause of
such damage or injury, the Ioss, cost, or expe�se shall be shared
between the ENGINEER and the CITY in proportion to their relative
degrees of negtige�ce or wiilful misconduct as determined pursuant to
T.C.P. & R. Code, sec:�on 33.011(4) (Vemon Supplement 199fi). -
G. Assignment
Neither party wiq assign alI or any part of this AGREEMENT without the prior
written consent of the other party. . �
H. Interpr�etation � . .�
L.imitations on liabitity and indemnities in this AGREEMENT are business
understandings beiween the parties and shal� apply to atl the different theories
of recovery, induding breach of contract o� wartanty, tort induding negligence,
strict or �statutory liability� or any other cause. of ac�on� except for wiilful
misconduct or gross negligence for limitations of liability and sole negligence for'
indemnification. Parties means the C1TY and the ENGINEER� and their officers,
empioyees, agents� and subcontractors. .
{. Jurisdiction . � �
The law of the State of Texas shaii govem the validiiy of 4his AGREEMENT, its
interpretation and pertormance, a�d any other daims related to i� The venue
for any litigation related to this AGREEMENT shall be Tarrant County. Texas.
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Aiternate Dispute Resoiution
(1) Aii daims� disputes, and other matters in question between the CITY and
ENGiNEER arismg out of, or in oonnection with this Agreement or the
PROJECT, or any breach of any obiiga�on or duty of CITY or
ENGfNEER hereunder� wiil be submitted to mediation. !f inediation is
unsuocessful, the daim, dispute or other matter in question shall be
submitted to arbitration if both parties acting reasonabiy agree that the
amount of the dispute is likeiy to be less than $50�000� exdusive of
attomey`s fees, costs and expenses. Arbitration shali be in acxordance
with the Construction Industry Arbitration Rules � of the American
Arbitration Assoaation or other appiicable rufes of the Assoaation then
in effec�. Any awani rendered by the arbitrators tess than $50,000�
exdusive of attomey's iees, costs and expenses, will be final, judgme�t
may be entered thereon in any vourt having jurisdiction, and will not be
subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arti�ration Act (8 U.S.C. Sedions 10
. and 'i1). �
(2) Any award greater than $50,000� exdusive af attomey's
expenses, may be litigated by elther party. on a de n
awar�d shall become� �inaf ninety (90) days from the date
If titigation is filed by either party within said ninety (90)
award sha�t become null and void and shall not be use
for any purpose in the li�gation. �
Severability and Sunrival
fees, costs and
ovo basis. The
same is iss�ed.
day period, the
d by either party
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid� iliegal� or unenforceabie in any respect, such invalidity� illegality� or
u�enfor�ceability will not affect any other provision, and this AGREEMENT shall
be construed as if such invalid, illegai� or unenforceable provision had never
been contained herein. Artides V.F., VI.B., VI.D.. VI.H., VI.1.� and VI.J. shaii
survive termination of this AGREEMENT for any cause. ..
Obsetve and Comply
ENGINEER shail at all times observe and �c:omply with ail federai and State laws
and regulations and with all City ordinances a�d regulations which in any way
affect this AGREEMENT and the work hereunder, and shaii observe and comply
with all orders, faws ordinanc�s and regufa�o�s which may exist or may be
enaated later by goveming bodies havin8 jurisdic�ion or ac�thority for such
enactment No plea of misunderst�anding or ignorance thereof shatl be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and ail of its officers� agents and employees from and against aii daims or'
liability arising out of the violation of any such orcler� law, , ondinance, or
r+egulation, whether it be by itseif or its employees.
-12-
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
Attachment D — Schedule
EXECUTED in the City of Fort Worth, this ,�/ �day of 3unuc�ry , A.D. 2000.
ATTEST:
By: .� �. -,�
Gloria Pearsoiy
City Secretary
CITY OF FORT WORT ��
By: t��
d
Mike Groomer �
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
B:
Assistant ' Attorney
ATTEST:
C�— i��SIO
Contract Authorization
/�/2�cc�
Date
CITY OF FORT WORTH
BY: �'�` ` --~—�
Dale A. Fisseler, P. �
Director, Water Department
Black & Veatch Corporation
-; , __ �
gy: �--"1%,� Ck t. �' �_7. Gli� ;_�;,,;�j. �-,�__ _
Randall G. Mclntyre, P.E., P.b.A.
-13-
� y
ATTACHMENT A
TO
CONTRACT FOR ENGINEERING SERVICES
Owner: City of Fort Worth, Texas
Project: Stage Coach Pump Station Improvements
DESCRIPTION OF SCOPE OF SERVICES
Phases 1& 2- Expansion and Improvements to the StaQe Coach Pump Station. The
replacement of one 2 million gallons per day (mgd) pump and evaluation of the two
remaining 6.3 mgd pumps for rebuilding or replacement. Replacement of motor control
center, addition of second electrical feeder, and SCADA expansion and improvements.
Modification of two pump station structures into a single building.
PHASE 1. Preliminary Engineering Study and Cost Estimate
A. Preliminary and General Work
Conduct a project initiation meeting to clarify Owner's requirements for the
project, review pertinent available data.
2. Participate in informal meetings with Owner to review progress and exchange
ideas and information during the preliminary study
3. Prepare and distribute minutes of project meetings.
B. Pump Station Evaluation
Evaluate pump station firm capacity requirements and compare with
appropriate pump station expansion.
2. Evaluate the condition of the existing larger pumps for rebuilding or
replacement.
3. Evaluate the two existing pump station buildings for modification into one
single building. Determine if more cost effective to replace existing buildings
than modify foundations and walls.
4. Determine piping and valve requirements and miscellaneous pump station
i�nprovements required for the installation of additional equipment.
5. Determine additional SCADA improvements and expansions necessary for
additional pump station information such as bearing temperature, pump run
status, electrical demands, vibration, etc.
6. Evaluate the existing and proposed pump(s) under different flow conditions to
determine the projected head and capacity.
��lt
7. Evaluate cone valve operation, pressure and limit switch for replacement or
rehabilitation.
8. Evaluate necessary space for possibly providing chlorine feed at the pump
station in future if necessary.
9. Evaluate the new secondary electrical feed requirements and relocation of
existing transformer away from single building footprint.
C. Letter Report, Recommendations and Cost Estimates
Prepare a draft letter repo�t and recommendation that summarizes the
recommended improvements. Submit five copies to Owner for review and
comment.
2. After Owner has reviewed and commented, make any necessary
modifications and submit five copies of the revised letter report to Owner.
3. Prepare an opinion of probable construction cost for pump station
improvements and building modifications.
PHASE 2. DESIGN, CONSTRUCTION CONTRACT DOCUMENTS, BID, AND
PRECONSTRUCTION SERVICES
A. Preliminary and General Items
Meet with Owner to clarify understanding of scope and parameters of the
project.
2. Obtain and review Owner-furnished front-end documents and general
and/or special conditions, meet with Owner to resolve review comments, and
revise Engineer's standard documents accordingly.
3. Arrange for and participate in informal meetings with Owner throughout the
design phase to review progress and exchange ideas and information.
B. Design Memorandum (Project Engineering Report)
Prepare a design memorandum and preliminary drawings as required to
establish agreemenf on scope, parameters, performance requirements, and
project approach. During this task, the exact pump station layout, site
improvements, and other items will be defined to provide a blueprint for the
detailed design. Submit three copies to Owner for review. The detailed
design will include the following facilities:
. One new 6.3 mgd pump (replacing exist 2 mgd pump #1)
A-2
. Rebuild or replace exist pump #2
. Replace existing cone valves on pumps #2 , replace check valve
with new cone valve on pump #1
. Replace existing medium voltage Motor Control Center
. Rehabilitate exist venturi meter and replace pressure tubes from meter
. SCADA improvements and additional pump station monitoring (bearing
temperature, vibration, pump run status, electrical demand, etc.)
. Modifications or replacement of existing pump buildings to one single
pump station building with adequate MCC space and space for possible
chlorine and ammonia feed, if needed in future
. New chlorine analyzer with SCADA output.
. New secondary electrical feed and automatic transfer switch
(provided by TU Electric), and relocation of existing transformer to
clear single building footprint
. Indoor and exterior lighting improvements
. New motor space heaters
. Pump station building heating improvements
. Asphalt pavement and sidewalk improvements
. Construction sequencing so that one pump will remain in service
2. Meet with Owner and obtain Owner's comments on the design
memorandum and preliminary drawings. Resolve any questions, revise
documents if necessary, and resubmit three copies to Owner.
3. Update and distribute the design memorandum periodically as required
during the design phase.
4. The following facilities are being evaluated as part of Phase 1 Preliminary
Engineering Study, and are not included in Detailed Design.
. Additional metering facilities
. Modifications to intake and discharge headers
. Overhead hoist
. Adjustable frequency drives or soft start drives
. Need for hydraulic surge control equipment and facilities beyond cone
valves
. Air-conditioning of Pump Station or MCC
C. Design Surveys
Provide, through a subcontract, the necessary site and pump station surveys
for the preparation of construction drawings and specifications. Surveys will
determine site topography, utility locations, building dimensions and floor
elevations.
2. No easements, right of entry, permits or any land rights are anticipated.
I� c
D. Geotechnical Services
No Geotechnical Services are anticipated.
E. Construction Contract Documents
1. Prepare detailed drawings and specifications and other contract documents
for the proposed construction work and for the materials and equipment
required.
The documents shall be prepared for selection of private construction
contractors on a competitive bid basis. ,
2. Prepare Bidding Requirements, Bid Forms, Contract Forms, and
Conditions of Contract for the contract documents, preliminary Invitation
to Bid forms and specifications for all construction work and procurement
of pumps and pump station equipment. Pump and equipment
preselection bidding is not anticipated or included.
3. Prepare a final opinion of probable construction cost for the proposed work
covered by the contract documents.
4. Provide three sets of the drawings and specifications to Owner for review at
the 90 percent project completion.
5. Meet with Owner after documents have been reviewed to discuss them and
to resolve any questions.
6. After the review meeting with Owner, make any necessary modifications and
submit one set (if required) of revised contract documents to TNRCC for
review.
7. After receipt of TNRCC and Owner's review comments on final documents,
revise and resubmit, if necessary, one set each to TNRCC and Owner.
8. Prepare Bidding Requirements, Bid Forms, Contract Forms, and Conditions
of Contract for the contract documents, and preliminary Invitation to Bid
forms:
A-4
0
' t �
F. Permits Acquisition
1. No permits, public hearings, or public presentations re anticipated or
included.
G. Preaward Senrices
One bid lettings will be provided under this contract. Bid will include the
manufacture and installation of pump(s) and/or the repair of the existing 6.3 mgd
pump, piping, SCADA, building modifications and meter improvements.
1. Coordinate bid letting dates, time, and place with Owner, and prepare final
Invitation to Bid.
2. Assist and advise Owner in placing the advertisements of the Invitation to
�Bid.
3. Provide forty (40) sets of construction contract documents for pump station
improvement bid.
4. Provide five (5) sets of construction contract documents to local plan rooms
(Fort Worth and Dallas Dodge Plan Rooms, AGC, DFW Minority Business
Council and Texas Contractors)
4. Conduct, at a date and time selected by Owner and if required by the owner,
a pre-bid conference for pump station improvements, to:
a. Instruct prospective bidders and suppliers as to the types of
information required by the contract documents and the format in
which bids should be presented.
b. Review special project requirements and contract documents in
general.
c. Receive requests for interpretations that will be issued by
addendum.
d. Prepare minutes of the conference and issue by addendum.
5. Interpret construction contract documents. Prepare and issue addenda to
the construction contract documents when required.
6. Assist Owner during bid openings. Answer questions during bid openings,
make preliminary tabulation of bids, and review bids for completeness.
7. Review and evaluate the qualifications of the apparent successful bidders
and the proposed major or specialty subcontractors. The review and
evaluation will include such factors as work completed, equipment that is
available for the work, financial resources, technical experience, and
A-5
��
responses from references.
8. Prepare and distribute formal bid tabulation sheets, evaluate bids, and make
written recommendations to Owner conceming contract awards.
PHASE 3. CONSTRUCTION PHASE SERVICES
By performing these services, Engineer shall not have authority or responsibility to
supervise, direct, or control the Contractor's work or the Contractor's means,
methods, techniques, sequences, or procedures of construction. Engineer shall not
have authority or responsibility for safety precautions and programs incident to the
Contractor's work or for any failure of the Contractor to comply with laws,
regulations, rules, ordinances, codes, or orders applicable to the Contractor
fumishing and pertorming the work. Specific services to be performed by Engineer
are as follows:
1. Attend a pre-construction conference for pump station improvements.
2. Make periodic visits to the construction site to observe progress of the work,
and consult with Owner and the Contractor conceming problems and/or
progress of the work. A total of five (5) visits to the site is anticipated during
the construction period.
5. Engineer will review the pump and electrical motor control center shop
drawings and specifications for manufacture. Engineer will not review
drawings and other data submitted by the Contractor as required by the
construction contract documents. Engineer will not witness the shop testing
of the pumping units and verify testing and results.
6. Interpret construction contract documents when requested by Owner or the
Contractor.
7. Upon completion or correction of the items of work on the punch-list, attend
a final inspection to determine if the work is completed.
PHASE 4. RESIDENT SERVICES DURING CONSTRUCTION
No construction resident inspection services are included.
SUPPLEMENTAL SERVICES (NOT INCLUDED IN THIS CONTRACT)
A. Any Work requested by Owner that is not included in one of the items listed in any
phase will be classified as supplemental services AND IS NOT INCLUDED IN THIS
CONTRACT. Supplemental services required by the owner is to be negotiated
separately and the contract amended.
.�
�!
B. Supplemental services shall include, but are not limited to:
1. Supplemental engineering Work required to meet the requirements of
regulatory or fundirig agencies that becotne effective subsequent to the date
of this agreement.
2. A detailed surge analysis and design of surge control equipment.
3. Special consultants or independent professional associates requested or
authorized by Owner.
4. Assistance with bid protests and re-bidding.
5. Preparation for litigation, arbitration, or other legal or administrative
proceedings; and appearances in court or at arbitration sessions in
�connection with bid protests, change orders, or construction incidents.
6. Provision, through a subcontract, of the services of a land surveyor to
prepare legal description for the Owner's use in acquiring property
easements and or permits.
7. Engineering assistance to Owner in negotiation meetings and condemnation
proceedings.
8. An environmental assessment repo�t as requested by Owner or required by
review agencies.
9. Provision, through a subcontract, of a cultural resources or archaeological
study and report on the construction site.
10. Provision, through a subcontract, of laboratory and field testing required
during design or construction and of any special reports or studies on
materials and equipment requested by Owner.
11. Assistance in financially related transactions for the project.
12. Services for making revisions to drawings and specifications made
necessary by the acceptance of substitutions proposed by the Contractor;
and services after the award of contract for evaluating and determining the
acceptability of substitutions proposed by the Contractor.
13. Evaluation of unusually complex or unreasonably numerous claims
submitted by the Contractor or others in connection with the work.
A-7
L!
ATTACHMENT B
TO
CONTRACT FOR ENGINEERING SERVICES
Owner:
Project:
City of Fort Worth, Texas
Stage Coach Pump Station Improvements
COMPENSATiON
For the services covered by this Contract, the Owner agrees to pay the Engineer as follows:
A. Engineer shall be compensated a total lump sum fee of $137,894 as summarized in Exhibit
B-1. Payment of the total lump sum fee shall be considered full compensation for the
services described in Attachment A, for all labor materials, supplies and equipment
necessary to complete the project.
If the start of design work has not been authorized within 6 months after the date of this
Contract, the amount of the fixed price shall be subject to renegotiations.
B. The Engineer shall be paid in four (4) partial payments as described below and upon receipt
of four (4) individual invoices from the Engineer. In this regard, The Engineer shall submit
invoices for eight partial payments as described below 1.to 8.
Partial Payment Number 1, which shall be equivalent to 25% of the total lump sum
fee, shall be payable after submittal of Phase 1, C, Letter Report and
Recommendations.
2. Partial Payment Number 2,
fee, shall be payable after
Preliminary Drawings.
a
which shall be equivalent to 75% of the total lump sum
submittal of Phase 2, B, 2, Design Memorandum and
3. Partial Payment Number 3, which shall be equivalent to 90% of the total lump sum
fee, shall be payable after submittal of Phase 2, E, 4, Construction Contract
Documents.
4. Partial Payment Number 4, which shall be equivalent to 100% of the total lump sum
fee, shall be- payable after submittal of Phase 2, G, 8, Bid Tabulation and
Recommendation of Contract Award.
The entire amount of each statement shall be due and payable upon receipt by the Owner.
'-�i
PnsiG�r�l Managn � Engtrua Engln�a
CFA ��e.
EXHIB{T 6-1
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j177,B96
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irsaaoo Ee�-i
ID Task Name
1 DESIGN
2
3
4
5
6
7
I $
9
10
11
12
� 13
I14
I95
I 16
17
I 18
� 19
Notice to Proceed
Investigations and Surveying
Pump Station Evaluation
Project Evaluation Letter Report
ILetter Report Review by City
IPreliminary Plans & Design Memo
IPreliminary Plan Review by City I
IFinal Designs Pump Station Improvements
ITechnical & Pump Specifications
IFinal Plan Review by City
IIncorporate Comments and Prep for Adv
IBid 8� Award Pump Station Improvements I
IAdvertise for Construction
IAward Process for Const. Contract
CONSTRUCTION Pump Station Improvements
IConstruction (Additional Days for Pump Mfg.)
IFinal Inspection & Acceptance I
ICONS7RUCTION COMPLETION
ATTACHMENT D
SCHEDULE
Stage Coach Pump Station Irnprovements
I z000 200�
Duration Start I Finish J�F�M�A�M�J�J�A�S�O�N�DIJ�FIMIAIMI�I�IA�S�O�NID�J�F
170d 02/01/00 09/28/00 € \ i �
� y � : :
• .................. ....._,...... ....... ---�-- ...........__ .................:.......--.. .. .. .---..... ..... ....... ................. ....... _.. .......... _.
Od 02/01/00 02/01/00 ' Q Z���
: ............
. ... .. ......... .. . _....... .... . ......... .,. . ... • :
. ......_� .. .. .. .. ... . ...... ......... .... . ..... .. .
15d 02/01 /00 I 02/21 /00 : . .�...... `.......... .
15d 02/22/00 03/13/00 € •
.. .. . ..... ... .... ...... ... . ...... .. ... . .... .. . .. . ..:. .. . . .... . . . ... ....
:
. .... ....... ... .. .. ..... ....... :. . .......
5d 03/14/00 03/20/00: •
: . ..... ......... . ............ . ..... .... . . .... ..... . . ..:... . ... .. . . ... . ..-----............ ...... ....... :.
10d 03/21/00 04/03/00: .
. . ....... .. ... . . ...........
SOd 04/04/00 O6/13/00:
. .
.
.... .... .. . .. ........ ... .. ... .. ........... .. ..... . . ; ....... ... ._. . . . ., ....... �
.... ... .. .. ..... ........ ... . . .......
15d 06/14/00 07/05/00 E �
= - :
.............. .. .. .. _. ... . . . .... . . .... . . .. ..... .. .. .. . ..... ... . . .... ..... ... .... . . .. .--- .. ... . . ;.. ....
15d I 07/06/00 07/26/00 : • ""��
30d I 07/06/00 08/16/00 I: __
� �
:
— • . .. .. ... . ... . ..... . . ........ ...
.. . .. .. . ... ... .. .. . .. . .. _. .. . .. _
15d OS/17/00 09/07/00 ; . ... .. .. �. . . ..... . . ". .... . .
: :
:
. . ..... .. .. . .. . .. . _ -- -....... ._... . ... .,. . . . ..... •
............ ...... ..... ..........._. ;...........
15d 09/08/00 09/28/00 '•
60d 08/31/00 11/24/00 �: : .
20d 08/31 /00 09/28/00
40d 09l29/00 11/24/00
185d � 11/27/00 08/16/01
180d � 11 /27/00 08/09/01
Sd 08/10/01I 08/16/01 :
Od 08/16/01 08/16/09 ?
v �
._ ... . . . .. .. ......... . . . ... .. . ., ._. . v , ._.�. . .. . .. . ... . ... . _..v.
M ���������'������������'�
, Q 08116
.
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IJ:\FWSTAGEC\SCHEDULE.MPP p_�
A -� ,,
ATTACHMENT "C" �
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Owner: City of Fort Worth, Texas
Project: Stage Coach Pump Station Improvements
1. Replace Article IV (k)(2)(g) with the following:
"The City of Fort Worth shall agree to waive its right of recovery in favor of
Engineer for damage covered under the City's commercial property insurance
policy. Such waiver shall not be effective regarding damage sustained by the
City within the policy's deductible limits. The City authorizes the Engineer to
include in the construction documents the requirement that the construction
contractor agrees to waive its rights of recovery in favor of the City and Engineer
in the contractor's builders risk insurance policy as required by the City.
All Project contractors shall be required to include CITY and ENGINEER as
additional insured on their General Liability insurance policies, and shall be
required to indemnify CITY and ENGINEER to the same extent. ENGINEER
agrees to endorse its commercial general liability insurance policy, in a reciprocal
manner to include the City of Fort Worth and specific City Project contractors
categorically."
City of Fort Worth, Texas
�1►�Ayar And aunc�l a�rtmun�cAt�an
C C
DATE REFERENCE NUMBER LOG NAME PAGE
1/4/00 **C-17810 60FEEDER I 1 of 1
SUBJECT ENGINEERING AGREEMENT WITH BLACK AND VEATCH CORPORATION FOR
DESIGN OF THE STAGECOACH PUMP STATION IMPROVEMENTS
RECOMMENDATION:
It is recommended to the City Council authorize the City Manager to execute an engineering contract
with Black and Veatch Corporation for the design of the Stagecoach Pump Station Improvements, for a
total fee not to exceed $137,894.00.
DISCUSSION:
On April 15, 1997 (M&C C-15999), the City Council awarded a contract to Freese & Nichols, Inc. to
perform an electrical study. The study indicates that the Stagecoach Pump Station, which is the only
source of water for the Westside III and IV pressure planes, is in need of electrical system replacement
to improve reliability and a pump upgrade to increase capacity for the growing west side of Fort Worth.
The Stagecoach Pump Station requires electrical improvements, including replacement of obsolete
switchgear and replacement of the pumps. In addition, a second electrical feeder for electrical power
reliability will be needed.
The engineer will prepare construction plans and specifications for expansion and improvement of the
Stagecoach Pump Station.
The project is located in COUNCIL DISTRICT 7.
Black and Veatch Corporation is in compliance with the City's M/WBE Ordinance by committing to 25%
M/WBE participation. The City's goal on this project is 25%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper-Water Fund.
MG:k
Submitted for City Manager's
Office by:
Mike Groomer
Originating Department Head:
Dale Fisseler
Additional Information Contact:
6140
8207
FUND I ACCOUNT I CENTER I AMOUNT
(to)
�
(from)
PW77 531200 060770160180 $137,894.00
CITY SECRETARY
APPROVED
�liY CQUN�lL
,IAN 4 ?000
`,�gu� l �'a,c�tcJ
City Secretary of the
Ciiy of Fort Worih,'�`eaaa
Dale Fisseler 8207