HomeMy WebLinkAboutContract 30867 CITY SECRETARY /„
CONTRACT NO. `U
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and McCreary &
Associates, Inc., (the "ENGINEER"), for a PROJECT entitled "Jenkin Heights Pump Station 5
MGD Expansion", Project No. P164-060164016001, generally described as the design of pump
station electrical, control, and instrumentation improvements to the proposed Jenkin Heights
Pump Station.
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) The ENGINEER shall provide the City sufficient documentation to
reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so
contested will be withheld from payment, and the undisputed portion will be
paid. The CITY will exercise reasonableness in contesting any bill or
portion thereof. No interest will accrue on any contested portion of the
billing until mutually resolved.
(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.
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 the design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified in
Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT
cost and/or execution. These conditions and cost/execution effects are not
the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
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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
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
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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 ha
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 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.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the CITY has goals for the
participation of minority business enterprises and woman business enterprises in
CITY contracts. ENGINEER acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. Any misrepresentation of facts
(other than a negligent misrepresentation) and/or the commission of fraud by the
ENGINEER may result in the termination of this agreement and debarment from
participating in CITY contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3)
years after final payment under this contract, have access to and the right
to examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to conduct audits
in compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
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(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, which are to be in effect prior
to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage if written on
a split limits basis). Coverage shall be on any vehicle used in the course of the
PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease-each employee
Professional Liability
$1,000,000 each claim/annual aggregate
(2) Certificates of insurance evidencing that 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
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volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
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 Dale A. Fisseler, P.E.,
Water Director, City of Fort Worth, 1000 Throckmorton, Fort Worth,
Texas 76102.
(e) Insurers for all policies must be authorized to do business in the
state of Texas or be otherwise approved by the CITY; and, such
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(f) Deductible limits, or self-insured retentions, affecting insurance
required herein may be acceptable to the CITY at its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must
be also approved. Dedicated financial resources or letters of credit
may also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(1) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
(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
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insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of ENGINEER's
overhead.
(1) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
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.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships with abutting property cities. The
ENGINEER further acknowledges that it will make disclosure in writing of any
conflicts of interest that develop subsequent to the signing of this contract and prior
to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
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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
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local,
state, or federal authorities; and land, easements, rights-of-way, and access
necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions
required by the CITY in a timely manner in accordance with the project schedule in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope of the
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ENGINEER's services or of any defect in the work of the ENGINEER or
construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release the ENGINEER and its officers, employees, and subcontractors
from all claims, damages, losses, and costs, including, but not limited to,
attorney's fees and litigation expenses arising out of or relating to the
presence, discharge, release, or escape of hazardous substances,
contaminants, or asbestos on or from the PROJECT. Nothing contained
herein shall be construed to require the CITY to levy, assess or collect
any tax to fund this indemnification.
(2) The indemnification and release required above shall not apply in the
event the discharge, release or escape of hazardous substances,
contaminants, or asbestos is a result of ENGINEER's negligence or if
such hazardous substance, contaminant or asbestos is brought onto the
PROJECT by the ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
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I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate
of insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, 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.
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C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control of
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 substantially to
perform through no fault of the other and does not commence correction of
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 prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and subcontractors
in connection with the PROJECT.
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(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).
G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability and sole negligence for indemnification.
Parties means the CITY and the ENGINEER, and their officers, employees,
agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of
the Association then in effect. Any award rendered by the arbitrators less
than $50,000, exclusive of attorney's fees, costs and expenses, will be
final, judgment may be entered thereon in any court having jurisdiction, and
will not be subject to appeal or modification except to the extent permitted
by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10
and 11).
(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
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shall become null and void and shall not be used by either party for any
purpose in the litigation.
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.
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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 A-1 —Supplemental Scope of Services
Attachment B—Compensation and Schedule
Executed this the3g�_day of 2004
ATTEST: CITY OF FORT WORTH
a'CQ� By
Marty Hendrix Marc Ott
City Secretary Assistant City anager
VAL REC ---NDE
_ontr.ac't Authorizatioa
Frank Crumb, P.E.
Acting Director, Water Department
Date
APPROVED AS TO FORM McCreary &Associates, Inc.
AND LEGALITY Engineer
ad By.
Assistant City Attorn y oseph J. Kotrla, P.E.
President
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ATTACHMENT"A"
General Scope of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in the supplemental Scope of Services. In cases of conflict between the
Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of
Services shall have precedence over the General Scope of Services."
GENERAL
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the
City regarding the scope of project so that the plans and specifications which are to be
developed hereunder by the Engineer will result in providing facilities which are
economical in design and conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be
necessary for the design of pump station electrical and control improvements. It shall be
the Engineer's duty hereunder to secure necessary information from such outside
agencies, to meet their requirements.
3) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic
film sheets, or as otherwise approved by the Water Department and 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; and further provided, that the Engineer shall not
be liable for the consequences of any changes that are made to the drawings or changes
that are made in the implementation of the drawings without the written approval of the
Engineer.
4) Detailed Cost Estimate
The Engineer shall furnish three (3) copies of detailed estimates of probable construction
costs for the authorized construction project, which shall include summaries of bid items
and quantities.
5) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the
bidding documents, and assist the owner in determining the qualifications and
acceptability of prospective constructors, subcontractors, and suppliers. When substitution
prior to the award of contracts is allowed by the bidding documents, the Engineer will
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advise the owner as to the acceptability of alternate materials and equipment proposed by
the prospective constructors.
6) Prebid Conference
The Engineer shall attend the prebid conference and provide assistance to the owner in
evaluating bids or proposals.
7) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
8) Shop Drawing Review
The Engineer shall review electrical and control shop and erection drawings submitted by
the contractor for compliance with the design concepts.
EXHIBIT "A-1"
Supplemental Scope of Services
(Supplemental to Attachment
Jenkin Heights Pump Station 5 MGD Expansion
Project No. P164-060164016001
The scope of work shall include all electrical, control, and instrumentation design as required for
the Jenkin Heights Pump Station 5 MGD Expansion.
The scope of services shall include:
1. Evaluation Phase
A. Site visit to determine existing conditions
B. Review existing electrical plans
C. Evaluate size of equipment switchgear and main service based on current and
future equipment.
D. Discussion with City to determine preferred equipment manufacturers and design
considerations.
E. Coordination with TXU Electric regarding impacts of future loads and provisions for
meeting TXU requirements.
2. Preparation of signed and sealed drawings in ACAD R2000 for inclusion in the project
drawings. Drawings to include, but are not limited to:
A. Site plan showing conduit runs, electrical equipment, and lights.
B. Grounding plan and details
C. One line diagram
D. Control schematic and diagrams for pump control, communication, and metering.
G. General Electrical Notes
H. Standard Electrical Details
3. Preparation of technical specifications in Microsoft Word Format for inclusion in the project
documents.
4. A maximum of three design and coordination meetings with city staff.
-3-
5. Two visits to the pump station site in order to determine and address site-specific design
issues.
6. Production of necessary addenda, attendance at pre-bid meeting, and assistance during
bidding.
7. Attendance at the Pre-construction conference.
8. Shop drawing review of electrical/control submittals during construction phase
9. One site visit during construction.
10. Final Inspection and punchlist.
Services outside the scope of work shall include, but not be limited by the following:
1. Professional surveying services
2. On-site (daily) inspection services during construction
3. Change in scope of services
4. Expert witness testimony during for claims not arising out of Errors or Omissions.
5. Time expended for disputes not arising out of our Errors or Omissions
6. Preparation of change orders for changes not relating to our Errors or Omissions.
-4-
ATTACHMENT "B"
COMPENSATION AND SCHEDULE
Jenkins Heights Pump Station 5 MGD Expansion
Project No. P164-060164016001
COMPENSATION
City agrees to pay the Engineer a not to exceed maximum of $21,000.00. The Engineer shall be
paid monthly based on statements submitted to the City for the work accomplished during the
preceding month. Monthly invoices will show a breakdown of hours billed. The employee
classification and cost schedule for this project is as follows:
Engineer, P.E. $100.00 per hour
Engineer, Sr $95.00 per hour
Engineering Technician, Sr. $80.00 per hour
Engineering Technician $70.00 per hour
Technician, Sr& Cadd $65.00 per hour
Clerical $50.00 per hour
SCHEDULE
ITEM DATE CALENDAR DAYS"
1. Notice to Proceed November 1, 2004
2. Preliminary Plans and Specifications December 1, 2004 30 days
3. Final Plans and Specifications January 1, 2004 30 days
4. Take Bids March 1, 2004 60 days
Calendar days are to commence upon receipt of the Notice to Proceed from the City of
Fort Worth.
_ i
A i EK i it PM OF LIABILITY INSURANCE �''a a 10/12/2004
PRODUCER (214)953-5200 FAX (214)953-5250 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
The Lipscomb insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
717 N. Harwood, Suite 1310 HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas, TX 75201
INSURERS AFFORDING COVERAGE MAIC#
INURED McCreary & Associates Inc. INSURERA Trinity Universal Insurance Co
6310 1-61 Frwy Ste 217 INSURER& Trinity Universal of Kansas In
Dallas, TX 75240 INSURER C;
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY TXP 9828873 11 06 07/14/2004 07/14/2005 EACH OCCURRENCE 1 1,000,000
)( COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00
CLAIMS MADE a OCCUR MED EXP(Any one person) 1 5,0001
A PERSONAL Q ADV INJURY S 1 1 000,O
GENERAL AGGREGATE 1 2,000,0
GEIL AGGREGA-E LIMIT APPLIES PER PRODUCTS•COMP/OP AGG 1 11000,00
PPRO LOC
POLICY
SECT
AUTOMOSILELIAH141TY TCA 9828874 12 07/14/2004 07/14/2005 COMBINED SINGLE LIMIT
ANY AUTO (Es-ddEM) $ 1,000,000
ALL OWNED AUTOS INJURYBODILY
SCHEDULED AUTOS s
B X HIRED AUTOS BODILY INJURY
X NON-0WNED AUTOS (Per ecddent) :
PROPERTY DAMAGE S
(Per AoUdeM)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 1
ANY AUTO OTHER TH N EA ACC S
AUTO ONLY: AGG S
EXCESS/UMBRELLALIABILITY U01330799 10 07/14/2004 07/14/2005 EAOHocCURREHcp 1 11000,00
X OCCUR 0 CLAIMS MADE AGGREGATE S 1,000 00
A :
RDEDUCTIBLE 1
X RETENTION E 10,000 1
WC STATIT CE
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY EL,EACH ACCIDENT 1
ANY PROPRIETOR/PARTNEWEXECUTNE
OFFICE7TIMEMBER EXCLUDED'' EL DISEASE-EA EMPLOYEE 1
K yea,descme Under E.L.DISEASE-POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS?LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVL910NR
CERTIFICATE HOLDER CANCELTION
SHOULD ANY OF SNE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
City of Fort Worth 30 DAYS wmr EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Dept. of Public Works
Attn' Chris Harder, P.E, BLIT FAILURE TO MAIL SUCH NOTICE stu►LL IMPOSE NOOBLIOATION OR LIABILITY
1000 Throckmo rton OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES.
Fort Worth, TX 76102 AUTHORVEDREPRESWTATNE
Carol n S. Ellis CPCU
ACORD 25(2001108) @ CORD CORPORATION 1988
10/14/2004 11:19 2145038899 MCLAUGHLIN BRUNSON PAGE 02
ACORD CERTIFICATE OF LIABILITY INSURANCE7—lali/2E
PRODUCER McLaughlin Brunson Insurance Agency THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
9535 Forest Lane HOLD9R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 118 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas TX 75243 INSURERS AFFORDING COVERAGE
INSURED MCCrearyAssociates,Inc INSURERX St.Paul Mercury Insurance Company
6310 LBJ Freeway,#217 C INSURER 9: St.Paul Fire and Marine Insurance Company
Dallas TX 75240 INSURER C: _._•_ __-
INSURER D;
E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONI TSI LSYIR
GBNERAL IIABILRY EACH OCCURRENCE S
COMMERCWL GENERAL LIABILITY FIRE DAMAGE n one Ilrc S
CLAIMS MADE � on
OCCUR MED EXP An ep&$0A) S
PERspNAL 6 AOV INJURY S
GENERAL AGGREGATE S�
GEN'L AGGREGATE LIMIT APPLIES PER' PRODUnk-.COMPIOP AGG S
L Y PRI.O• LOC ! ..
AUTOMOBILE LIABILITY R - -
COMBINED SINGLE LIMIT S
ANY AUTO I� denq
ALL OWNED AUTOS
BODILY INJURY S
SCHEDULED AUTOS Fps)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (PerAcelded) _
i
PROPERTY DAMAGE _
(PCr*=Idem)
GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT =
ANY AUTO OTHER TMAN EA ACC S
AUTO ONLY: AGG
EXCESS UTABILJrY EACH OCCURRENCE f
OCCUR CLAIM$MADE AGGREGATE S
S
DEDUCTIBLE
FErENT S ; ..
A woRKER4 ccMPENSAT nm ANO W VA7407986 05,101/2004 05/01/2005 X we sTATU DTH.
EMPLOYERS'LULBILrrY
E.L.EACH ACCIDENT S 1,0 0,000,
LR'Li DISEASE-EAEMPLOYE0 S t.Ot}0,000
E.L.DISEASE•POLICY IMIT 1,000,000
Bility essional
Liability QP03806399 05/04/2004 05/04/2005 $1,000,000 Per C1aim/Aggregate
'
DESCRIPTION OF OPERATLONSILOCATIONSIVEFSCLEBfEXCLUSIONS ADOED BY ENDGRSQAMMPECIAL PROVISIONS
The claims made professional liability coverage is the total aggregate limit for,all claims presented within the annual policy
period and is subject to a deductible.
CERTIFICATE HOLDER ADOITTON INSURED LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLFt 6EF'ORE THE EXPIRATION
City of Fort worth DATE THEREOF,THE ISSUINQ INSURER WILL ENDEAVOR TO MAR 0 DAYS WRITTEN
100011roclanorton Street NOTICE TO THE CIUMPICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
FOIE worth TX 76102 IMPOSE NO OBLIGATION OR LIABILrrY OF ANY KIND UPON THE INSURER R$AGENTS OR
rREPREBENTATNeS.
AUTHORIZEO REPRFSENTATWE
ACORD 2"(7197) 0 ACORD CORPORATION 1988