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HomeMy WebLinkAboutContract 41002• STATE OF TEXAS § COUNTY OF TARRANT § CITY SECRETARY 11 CONTRACT NO._ :l ‘vLsIoSe, KNOWN ALL BY THESE PRESENTS: THIS AGREEMENT, entered into the day of0.A.c,‘zei1/420 lo by and between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, acting herein by and through its duly authorized Assistant City Manager, hereinafter called the "City", and McCreary & Associates, Inc., an independent contractor "Consultant". City and Consultant may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 SERVICES Section 1. Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Southside Pump Station Replacement Project. ("Project"). Section 2. Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. ARTICLE 2 COMPENSATION Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "A". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $ 29,805.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. OFFICIAL RECORD CITY SECRETARY FT WORTH, TX Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. ARTICLE 3 TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term eighteen months beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. ARTICLE 4 INDEPENDENT CONTRACTOR Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be perfou ned hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. ARTICLE 5 PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 1 Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. Section 2 In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. Professional Services Consultant Agreement Rev 7/8/2010 Page 2 of 9 ARTICLE 6 INSURANCE Section 1. Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Professional Liability $1,000,000 per claim and aggregate. Professional Liability insurance may be written on an occurrence or claims - made basis. If coverage is written on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state that the coverage is claims -made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement, and for five (5) years following completion of the service provided under the contractual agreement, or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. 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 Section 2. Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant' s worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. Professional Services Consultant Agreement Rev 7/8/2010 Page 3 of 9 b. Certificates of insurance shall be delivered to the Fort Worth Water Department, Attention• Chris Harder, 1000 Throckmorton Street, Fort Worth, TX 76102 prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy teiius or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. J. In the course of the Agreement, Consultant shall report, in a timely manner, to City s officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. 1. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. ARTICLE 7 TRANSFER OR ASSIGNMENT City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Professional Services Consultant Agreement Rev 7/8/2010 Page 4 of 9 ARTICLE 8 TERMINATION OF CONTRACT Section 1. City may terminate this Agreement for its convenience on 30 days' written notice Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperfounance with 5 days of written notice and diligently complete the correction thereafter Section 2. If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. Section 3. All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement ARTICLE 9 RIGHT TO AUDIT (a) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (b) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant 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 any directly pertinent books, documents papers and records of such subconsultant, involving transactions to the subcontract, and further, that City shall have access during nolinal 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 City shall give Consultant and any subconsultant reasonable advance notice of intended audit. (c) Consultant and subconsultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Professional Services Consultant Agreement Rev 7/8/2010 Page 5 of 9 ARTICLE 10 MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Consultant acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant 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. ARTICLE 11 OBSERVE AND COMPLY Consultant shall at all times observe and comply with all federal, state, and local 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. Consultant 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. ARTICLE 12 VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. ARTICLE 13 CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. ARTICLE 14 SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other Professional Services Consultant Agreement Rev 7/8/2010 Page 6 of 9 persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. ARTICLE 15 NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand- dehvery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Chris Harder Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: McCreary & Associates <Attn: Mr Joe Kotrla, President 6310 LBJ Freeway, Suite 217 Dallas, TX 75240 ARTICLE 16 HEADINGS The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement ARTICLE 17 COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Professional Services Consultant Agreement Rev 7/8/2010 (Remainder of Page Intentionally Left Blank) Page 7 of 9 IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: Fernando Costa Assistant City Manager RECOMMENDED: fht-S. Frank Crumb, P.E., Direct Water Department APPROVED AS TO FORM AND LEGALITY: Assistan Ci Attorney ATTEST: (14artiy Hendrix City Secretary Date Professional Services Consultant Agreement Rev 7/8/2010 CONSULTANT: %oseph Kotrla, P.E. President, McCreary & Associates, Inc. • NO M&C *REQUIRED ee,'`c 7.1� J 147 Cr 00°a nilbo pro m �()0 riFY, �*t000 A o0ooO00 ��4% IststitazIgnoLtig OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 8 of 9 G ATTACHMENT "A" LETTER PROPOSAL INCLUDING SCOPE OF SERVICES, SCHEDULE, AND FEE BREAKDOWN Professional Services Consultant Agreement Rev 7/8/2010 Page 9 of 9 McCREARY & ASSOCIATES, INC 1111111111111111111111 iv i 1111 1 I I1 111111 CONSULTING ENGINEERS 972/458-8745 6310 LBJ FREEWAY SUITE 217 DALLAS, TEXAS 75240 September 28, 2010 Mr. Chris Harder, P.E. Engineering Manager Water Department City of Fort Worth 1511 11th Avenue Fort Worth, Texas 76102 Subject: Engineering Service Proposal Southside Pump Station Replacement Project Dear Chris, We propose to render engineering services for the above referenced project. Our scope will be to design the electrical and SCADA for the replacement of an existing pump station. The existing pump station will be left in service until the new facilities are constructed. The RTU at the existing pump station will be reused in the new facility. The pump motors are 200 hp and the station will have connections for an emergency generator. The scope of our services will be to design the new electrical system, reuse and modify the existing SCADA system, and coordinate the service changes with the electric utility. Additional details are shown on the attached Engineering Fee Proposal. McCreary & Associates proposes to be compensated on a time -expended basis with a not to exceed maximum of $29 805.00 (twenty nine thousand eight hundred and five dollars). We propose to invoice monthly at the rates listed below. Engineer, P.E. Engineer, Sr. Engineer, E I T. Engineering Technician, Sr. Technician Clerical $125.00 per hour $115.00 per hour $100.00 per hour $ 95.00 per hour $ 75.00 per hour $ 75.00 per hour If services are to be performed that are outside the scope of work, then the maximum may be exceeded and the above listed rates shall apply. Our schedule is to be complete by the first week in November, 2010. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Page 1 of 2 Sincerely, Joseph J. Kotrla, P.E. President McCreary & Associates, Inc. Firm Registration No. F-338 Engineering Services Proposal 09/28/10 ACCEPTED DATE Authorized Officer of the Company Page 2 of 2 McCREARY & ASSOCIATES, INC. CONSULTINGENGIAEERS DALLAS, TEXAS Fee proposal Project: Southside Pump Station Owner: City of Fort Worth Client: City of Fort Worth, Water Department TASK ACTIVITY PERSONNEL HOURS HOURS LABOR Engr. Engr. Engr. Engr. Tech. & COST P.E. Sr. EIT Tech. ACAD Rate/Hr. Rate/Hr. Rate/Hr. Rate/Hr. Rate/Hr. $125.00 $115.00 $100.00 $95.00 $75.00 Design Phase 1.01 j Site Visits and or meetings (2) 4 4 1.02 I Site Plan/Refeed existing site lighting ! 2 1.03 One Line Diagram/Breaker Settings 6 I 1.04 Pump Station Electrical Plans 4 1.05 Design Details/Conduit/Cable Schedules 2 1.06 Coordination with Oncor 21 1.07 Coordination with City on Portable Gen 41 1.08 SCADA Coordination and Specifications 6 1.09 Technical Specifications 6 I 1.10 Instrumentation 6 I 1.11 Ventilation Design and drawings 2 1.12 Issue Review Set & QA/QC 2 1.13 Review Comments 2 1.14 Pre -bid meeting 4 1.15 Assisting during Bidding, Addendums 6 II Services During Constuction 2,01 Pre -Construction Meeting 4 2,02 Shop Drawing Review, shipping 6 2.03 Site visits and/or meetings (3 total) 12 2,04 ; Final Inspection and Punchlist 4 1 I Totals 84 { 8 6 6 4 6 4 4 8 6 8 18 6 16 6 61 4 6 2 2 4 4 4 4 8 4 14 4 26 4 18 4 18 8 4 12 6 34 4 20 4 12 2 16 4 14 4 4 18 28-Sep-2010 MISC. SUBTOTAL TOTAL PER COST: PHASE Docs Mileage $960.00 $90,00 $1,310.00 $2,720.00 $1 ,780.00 $1,710.00 $850.00 $500.00 $1,350.00 $3,370.00 $2,030.00 $1,120.00 $1,710.00 1 $1 ,330.00 $500.00 $45.00 $1,830.00 4 $500.00 $45.00I 16 8 4 34 $3,410,00 $125.00I 121 $1,500.00 $135.00 2 2 81 $840,00 $45.00 76 Page 1 of 1 60 46 284 $29,320.00 $485.00 $1,050.00 $1,310.00 $2,720.00 1 $1,780.00 $1,710.00 1 $850,00 I $50Q.00 $1,350.00 $3,370.00 $2,030.00 $1,120.00 $1,710.00 $1,330.00 $545.00 $1,830.00 $545.00 $3,535.00 $1,635.00 1 $885.00 1 $29,805.00 1 Grand Total $29,805.00 1 $23,205.00 $6,600.00 Page 2 of 2