HomeMy WebLinkAboutContract 22696 T Y S
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CITY OF FORT WORTH, TEXAS CON ,--1 1-4111-10;2q5;��
STATTARD AGREEMENT FOR ENGINEERING SERVICES ,A
This AGREEENT is between the City of Fort Worth (the "CITY") ,
and Black & Veatch
(the "ENGINEER") , for a PROJECT generally Ascribed as: - -------
Intel Infrastructure Construction Management Services
Article I
Scope of Services
A. The Scope Of Services is set forth in Attachment A.
Article I!
Compensation
A. The ENGINEER's compensation is set forth in
Attachment B.
Article III
Tez-,ns 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 AGREDID0. Invoices are due
and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article 1, the
final payment of any balance will he due within 30 days
of receipt of the final invoice .
(4) In the event of a disputed or contested billing, only
thK 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
1FROML 111,C I I
portion thereof.
interest will accrue an any
contested portion o E t h(a billing until
CWTV "A 111111111 1 nwtua!!Y
resolved.
un T1111
(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 7 days `
written notice to CITY, suspend services under this
AGRED-ENT 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.
Article IV
obligations of the Engineer
Amendments to Article IV, if any, are included
Attachment C. in
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 ENGINEERs services
will be the degree of skill and diligence normally employed in
the State of Texas by professional engineers or consultants
performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the
necessity for subcontract work such as special surveys,
tests, test borings, or other subsurface investigations
in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. 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
the actl charact'B eristics may vary
significantly between successive test
intervals points and sample
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 1PROJ-ECT cost and/or execu+-J'
ton. These conditions
and cost/execution effects are not the responsibilif-v of
the ENGTNTEER.
D. Preparation of Erags new ring- D-rawings
The ENGItTEEER !qjllj provide t the -!-Y t igiLnal dring Of
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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 FNGT,',4—tFR shall not be
liable for the use of such drawings for any project other than
the PRO=,-CT described herein.
E . Engineer's Personnel at Construction Site
(1 ) The presence or duties of the ENGINEER's personnel at a
construction site, whether as on-site representatives or
otherwise, do not make the ENGINEER or its personnel in
any way responsible for those duties that belong to the
CITY and/or the CITY' s construction contractors or other
entities, and do not relieve the construction
contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited
to, all construction methods, means, techniques,
sequences, and procedures necessary for coordinating and
completing all portions of the construction work in
accordance with the Contract Documents and any health or
safety precautions required by such construction work.
The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or
other entity or their employees in connection with their
work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly
detailed and set forth in Attachment A, the ENGINEER or
its personnel shall have no obligation or responsibility
to visit the construction site to become familiar with
the progress or quality of the completed work on the
PROJECT or to determine, in general, if the work on the
PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with
the he 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 to CM infor7med of anv deviation f rorn the
L
Contract Documents coming to the actual notice Of
ENGIN-EER re the PROJECT.
3 When professional certification of perfo=nance or
characteristics or Materials, systems o.- eq,,:ipment is
reasonably required to perform, the services set forth in
the Scope Of- C-PrVes, thie ENGINEER shail be entitled to
rely upor, such ce_r, 11,-_I fical-ion 'o establ, , --h., ma�er� als,
sv_ st�ems or equipment and performanc-e criteria be
req,
u red in the Contract Do curne n s
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 anc-11 market conditions, time or qualify of
performance by third parties; quality, type, management,
or direction of operating personnel; and other economic
and operational factors that may materially affect the
ultimate PROJECT cost or schedule. Therefore, the
ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ENGINEER' s opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recorramenda t ions by the ENGINEER to the CITY for periodic
construction progress payments to the construction contractor
will be based on the ENGINEER's knowledge, information, and
belief from selective sampling and observation that the work
has progressed to the point indicated. Such recommendations
do not represent that continuous or detailed examinations ,have
been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the
Contract Documents; that the final work
will be acceptable in all respects; that the ENGINEER has made
an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title
to any of the work, materials, or equipment has passed to the
CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue
between the CITY and the construction contractor that affect
the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on
the basis of info=uaticn compiled and furnished by others, and
may not always rep-resent the exact locat-1or , type of various
component-s, or exalct manner in w'hicr, the PROJEEIC-T was 'finally
constructed. The ENGIt,".E--R is not responsibb-le for any errors
or Omi-qSions in, the information from others that is
incorpo-rated into the record d-rawlings .
I , M-inorit-y and Wor n Duslness Enterr)rLse (H/7rqBE/1
p a-1-1k Icipation
In accord wit:h, Cl-tv of FoLrL worti-, Ordinance No. i 923, the
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City has goals for the participation of minority business
enterprises and woman business enterprises in City contracts .
Engineer acknowledges the M/WDE goal established for this
contract and its commitment 1[o MILeet that goal . Any misrepre-
sentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by the Engineer may result in
the termination of this acreemient and debarment from parti-
cipating 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.
(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
facilitiesi 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 subcon-
sultant 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 ENGINTEER for the cost of copies at
the ra*%--P- published in the Texas Administrative Code in
effect as of the time copying is perfo=ned.
K. EN-GINEER's Insu_-rancc-
(1 ) ins prance coverage and limits :
ENIGIt,-JEER shall provide to t-he City of insurance
-he r"0111OW-InQ coverage a-
:- M i r' I MU'l M
doc', enti-nQ pol � cies of L
0 Wo
1 i m i'_s wh i__>. a.-e t c-,, b e in e f e,,--'L p r i c�r to cor-ru-nencem en—
on the PROjECT
Corrcniercial Gene,-al Liability
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$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
volunteers as respects the contracted services.
(b) Certificate (s) of insurance shall document that
insurance coverages specified according to items
section K. (l) 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 cancel-
lation, 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 premithm. Such terms shall be endorsed
onto ElIGIINFEER' s insurance policies. Notice shall
be sent to the respective Departmient Director (by
name) , City of Fort Worth, 1000 Throckmort-on, Fort
north, Texas -26102 .
(e) Insurers for ail policies must be authorized to do
business in the state of Texas or be otherwise
approved by trie CIT_-!,: an,Q, such insurers shall be
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acceDtable to the CT-PI in terms of thelr financ , ai
strenathl and solvenc,-e,.
(f) Ded'uct.--Lble limits, or self insured retentions,
a f
f ect:incr insurance req�j i red herein rua y be
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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 Cit y.
(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 ENGINTEER' s
insurance policies including endorsements thereto
and, at the CITY' s discretion, the ENGINEER may be
required to provide proof of insurance premium,
payments .
(i) The Commercial General Liability insurance policy
shall have no exclusions by endorsements unless
such are approved by the CITY.
(j ) The Professional Liability insurance policy, if
written on a claims made basis shall be maintained
by the ENGINEER for a minimum two (2) year period
subsequent to the term of the respective PROJECT
contract with the CITY unless such coverage is
provided the ENGINEER on an occurrence basis .
(k) The CITY shall not be responsible for the direct
payment of any insurance premiums required by this
agreement. It is understood that insurance cost is
an allowable component of ENGINEEER's overhead.
(1) A11 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 insurance coverage is maintained by
subconsuit-ants, ENGINEEER shall provide CITY with
docuumentat-'Lon thereof Cyr, a certificate of
insurance, Notwithstanding anything to the contrary
contained herein, in tr-ie event a sub-consultant" s
insurance coverage is canceled or terminated, such
cancellation or termination shall not constitute a
breach by EtyGINIEER of the Agreement.
T
11 inde:pendent Consultant
The EING-H-J-EER ag-,eels, to perfo= all ServIces as an
1niclependent, consultant and not as a subcontract-or,
agent, or employee off the CITY
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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, i l-, 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
which develop subsequent to the signing of this contract and
prior to final payment- under the contract .
N. Asbestos or Hazardous Substances
(1) if asbestos or hazardous substances in any form are
encountered or suspected, the ENGINEER will stop its own
work in the affected portions of the PROJECT to permit
testing and 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.
0. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to
comply with published design criteria and/or current
engineering practice standards which the ENGINEER should have
been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are
required due to the changes in the permitting authorities'
published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the
ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this
AGREEIKENT.
Article V
Obligations of the Citlyr
Pamendments to Articie V, if any, are included in Attac1iment C.
A. Ci ty-Furnish ed Data
The CITY wiii malke available to the ENG T ti! tech-ni,ca
EER a!-',
data in t1he CITY' s possession relating to the ENGINEEER f S
sel-vices on the PROjECT. The ENGTj':ZEP, may rely upon the
aa,ccuracy, timeliness, and completeness. of the infornnation
prov-, v e, C i T
B. Access i:o Faci-11tees and Prop-_rt-y
The CITY, w.4,11 make i.-S facilities acce ssible t-
- ,--he ENGINEER
as required for the ENGINEER' s performance o'f its services and
will provide labor and safety equipment as required by the
ENGINEER to such access. The CITY will perform, at no cost
to the ENGINEER, such tests 01 equipment, machinery,
pipelines, and other components of the CITY' s facilities as
may be reTaired 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 ddems appropriate; and render in
writing decisions required by the CITY in a timely manner in
accordance with the project schedule in Attachment A.
E . Promt Notice
The CITY will give prompt written notice to the ENGINEER
whenever CITY observes or becomes aware of any development
that affects the scope or timing of the ENGINEER' s services or
of any defect in the work of the ENGINEER or construction
contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will
indeirrunify and release ENGINEER and its officers,
employees, and subcontractors from all claims, damages,
losses, and costs, including, but not limited to,
attorney's fees and litigation expenses arising out of
or relating to the presence, discharge, release, or
escape of hazardous substances, cone a-m-Mant s, or
asbestos on or from the PR0JCT. Nothing contained
herein shall be construed to require the CITY to levy,
assess or collect any tax to fund this indemnification.
(2) -he in damn ification and release required above shall nOL-
apply in the e-,rent the discharge, release or escape of
haza.-dous substances, contaminants, or asbestos is a
result E'M311NTEEF_R1 S neg I 1penice or lif such haza;rdous
h
-am; Fhe
s-u-0 s t a n c!`°, cont minant o.r iasbestos is, broua-hit Onto -
PR0,3EIC1171" b,'T, LE -3
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G. Con tractor Ind e�-r,i f i ca t ion and Claims
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The CITY agrees to include in all construction contracts the
provisions of Article IV.E. regarding the ENGIN _1 ' s Personnel
at Construction Site, and provisions providing contractor
E
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.
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 ENGINTEEE:P, a copy of
the Policy or docuumen tat .on of such on a certificate ol-
insurance,
The C I lip III w, spec-Ify that the Builders
Risk;i TpjStaliatfor _ins=-ance shall i be comprehensive in
coverage appropriate to the PROJECT risks .
j, Litigation, Assisuance
the SrCope of Services does not linclude costs Of the _ENGTtN;'_R
or reqljl � ed or, �ree ested assistance to support, prepare,
doc,,L-ntent, bring, defend, or assist in I _J �Ligation undertaken or
defer de by the CITY, in the event C i T recpaests such services
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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
§NGINEER' s cost of or time required for performance of the
services, can 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.
V. 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.
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 AGPEENENT may be terTainated only by the City for
convenience on 30 days' written notice. This AGIREEN'ENT
may be terminated by either the CITY or the ENGINEER for
cause if either party fails substantially to perform
throe ggh no fault of the other and does not coirumence
correction of such nonperformance with 5 days of written
notice and diligently complete the correction
thereafter.
(2) if this AGREEMENT is terminated for the convenience of
tile City, the EINGINEE- willi 'be paid for termination
expenses as follows :
a . ) Cost of reproduction of partial or complete
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studies, plans, specifications or, other farms of
ENGINEER': 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 termi-
nation 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 FNGINEER' s
compensation will be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY
from any loss, cost, or expense claimed by third parties
for property damage and bodily injury, including death,
caused solely by the negligence or willful misconduct of
the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the
ENGINEER and the CITY (or a person identified above for
whom each is liable) is a cause of such damage or
injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to their
relative degrees of negligence or wi]-iful, misconduct as
determined pursuant to T.C. P. & R. Code, section
33.011 (14) (Vernon -SupplementE 1996)
G. Assigmrent
Neit"her pa li assig-n all or any part off this AGREEIME:NT
without the prior writt-en consent- of thy' tithe e pert!
H. Interpretation
L_Jkm ons on 'l -i-at-diLity arid 1rider-an1 ties in. t_-hl s -alre
bus'Jness unders—nalln--z b(,�'D,;een, the
all the diifferent theorl" es of recove�ry, incit-,d1rig brea-CL Of
I
I ract or wa ra it r
-ort including negligence, strICL C'
co -rry,
statutory I'Lability, or any Other cause or act-on, exceot of
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willful misconduct or gross negligence for limitations of
liability and sole, negligence for indemnification.
Parties
means the C!'JT'Y and the ENGINEER, and their Officers,
employees, agent-s. 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 AGRELRENT 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 nova basis . The award shall become final
ninety (90) days from the date same is issued. if
litigation is filed by either party within said ninety
(90) day period, the award shall become null and void
and shall not be used by either party for any purpose in
the litigation.
Severability and Sum-irival
If any of the provisions contained in this AGREEMENT are held
for any reason to be invalid, illegal, or unenforceable in any
respect, slach invalidity, illegality, Cr unenfo-1-ceabilLty
will not affect any other provision, and this AGREEMENT shall
be construed as if Such invalid, illegal-, or unenforceab-le
orovisiOn had never been contained herein , P,,rticles V. F, 1
VI ,B. , VT T
V1 .H. f Vi _ and V1, S 1-ha 11 su r v-,-' v e
J Js M-_rR'.E_E NT- for aniv cause .
T Obserrve and Comply
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
J
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.
Article VII _
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, consti-
tutes the entire AGREEMENT, supersedes all prior written or oral
understandings, and may only be changed by a written amendment
executed by both parties. The following attachments and schedules
are hereby made a part of this
AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Supplemental Obligations of the ENGINEER
A ST: CIT!YgF F RTH
By:—
C h_t�;r 6 h
Alice" Mike Groomer
Secretary City Secretary Assistant City Manager
APPROVED
Contraot Authorization
Da-11-e 4 A. Douglas Rademaker, P.E.
Director, Engineering Dept.
APPROVED AS TO FORM
AND L ITY
BLACK & VE-ATCH
Assistant City Attorney ENGINEER
"A
By:
Dale -,Cherry,
-14- Partner
ATTACHMENT A
TO
STANDARD AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Fort Worth, Texas
Project- Intel Infrastructure Construction Management Services
SCOPE OF SERVICES
Engineer agrees to perform construction management services for the following five*
Intel infrastructure contracts:
• Lift Stations Nos. 1 & 2 and Junction Structure (Design Engineer - Carter
& Burgess).
• 21 Inch to 30 Inch Gravity Extension to White's Branch Sewer (Design
Engineer - Carter & Burgess).
• 24 Inch Force Mains from Lift Station Nos. 1 & 2 (Design Engineer - Carter
& Burgess).
• 21 Inch Big Bear Creek Gravity Sewer (Design Engineer - Freese &
Nichols)
• 30 Inch Denton Creek Gravity Sewer to existing Interceptor (Design
Engineer - Carter & Burgess)
The construction management services on the Big Bear Creek Gravity Sewer
and the Denton Creek Gravity Sewer will be provided at no additional cost to the
Owner provided construction occur within the ten month period allotted for the
other Intel Infrastructure Construction Contracts.
The Engineer will provide the following scope of services under this contract:
A. Project Management and Administration Services
1. General Administration. Perform general administrative duties associated
with the project, including project progress monitoring, general
correspondence, office administration, and invoicing. These activities
include maintaining day-to-day contact and liaison with Owner, agencies,
and subconsultants, design consultants, and project staff; ensuring that the
needs of Owner are met in a timely manner-, preparing and monitoring
subcontracts, providing project communications; reviewing purchase orders
and subconsultant invoices, monitoring work on the Project', and ensuring
that work is executed in accordance with the work plan, within budget, and
on schedule.
2. Project Records.Records. Maintain the necessary project records, reports,
manuals, calculations, and technical data. Maintain records of financial
management data, schedules, reports, and analyses of the project.
4/24/97 A-1
3. Briefings. Provide bi-weekly briefings with Owner and/or design engineers
to report on progress and status, and to discuss solutions to possible
problems. Briefings may be in the form of written or verbal
communication.
4.
Quality Mana ement and Control. Apply Engineer's Quality Management
(QM) Program to the Project consistent with the needs of the Project. One
controlled copy of the OM Program Manual will be provided for Owner and
design engineer's information.
5. Project Schedule. Prepare a consolidated construction schedule for all
contracts, based on detailed schedules provided by each contractor. The
consolidated project schedule will be tracked and monthly reports will be
presented to the Owner.
6. Project Costs. Prepare a consolidated construction cost report for all
project contractors, based on planned versus actual pay estimates
submitted by each contractor. In addition, each contractor's invoices and
payments for MBE firms will be tracked in accordance with the Owner's
MBE program.
7. Construction Progress Meetings. Attend and conduct monthly progress
meetings with each contractor during the construction period. Prepare
meeting agendas and distribute meeting minutes.
8. Shop Drawing Review. Review shop drawings submitted by each
contractor for compliance with the contract documents. The shop
drawings that will be reviewed do not include items relating to pumps,
mechanical, electrical, or instrumentation.
B. Preconstruction Services
1. Constructabilitv Review. Perform a review of each Design Engineer's
contract documents and make recommendations to the Owner and Design
Engineer as to constructability. This review will also include
recommendations for standardizing portions of the contract documents
used by each design engineer, as appropriate. The recommendations
resulting from such review shall be provided to the Owner and Design
Engineer in writing or as notations on the contract documents. In making
reviews and recommendations as to construction contract documents, the
Engineer shall not be responsible for providing nor will the Engineer have
control over the Project design, design requirements, design criteria or the
substance or contents of the contract documents. By performing the
reviews and making recommendations described herein, the Engineer shall
not be acting in a manner so as to assume responsibility or liability, in
whole or in part, for any aspect of the project design, design requirements,
design criteria or the substance or contents of the contract documents.
The review will be limited to the following items:
4,124/97 A-2
a. General Terms and Conditions.
b. Special Terms and Conditions.
C. Specific scheduling and reporting requirements of the contractor.
d. Requirements for cooperation with other Sperm al al Terms and
and
administrative procedures not covered by Spe
Conditions.
e. Construction Inspection provisions in applicable sections of contract
and bid documents and specifications.
f. Plans and Specifications.
g. Unforeseen Condition Provisions.
h. Change Order Payment and Time Extension Provisions, including
standby charges.
i. Bid Form.
i. Prebid and Preaward Conference Activities.
k. Safety provisions and responsibilities.
1. Risk allocation between owner and contractor.
M. Roles of Engineer and design engineer, including subcontractors for
each.
n Dispute Resolution provisions.
0. Access to work.
C. Easement Acquisition Services a subcontract easement acquison services on
The Engineer shall provide through maximum of four utility crossings.
a maximum of 28 parcels and permits for a ss of the aforementioned maximums
Easement or permit acquisition services in exce
shall be reimbursed according to Attachment B
Parcel City or his agents and consultants shall provide
_X e proposed
�cel ownership The C
subcontractor a preliminary ownership Map which reflects th
project and the apparent ownership of the properties to be
routing of the hall provide the services of qualified affected. The subcontractor s t Appraisal District (TAD) records and
way agents to verify, from the Tarrant
other sources, the apparent ownership, address an d telephone number for
A-3
4/24,,97
each parcel owner shown on the preliminary Ownership Map. This information
and a copy of the recorded deed into that ownership will be provided to the
City and his consultants for use by the City consultant's land surveyor in
surveying and preparing field note descriptions and sketches for the
easements to be acquired.
2. Right of Entry- The subcontractor will contact each property owner and
tenant prior to entry on their property by the City or his agents and consultants.
The purpose of the project and the preliminary routing will be explained and
permission requested to enter on the property to conduct a land survey and
for environmental, archaeological and geotechnical studies. If permission is
granted, a letter of confirmation will be submitted to the property owner and/or
tenant requesting the letter be signed and returned. If the owner and/or tenant
will not sign a written permission, but will grant verbal permission, a
confirmation letter will be submitted with no request for signature. This letter
will provide the desired documentation in the subcontractor's file. Copies of
these letters will be forwarded to the City or his agents and consultants.
3. Document Preparation: The City or his agents and consultants will be
responsible for all the surveying and for the preparation of the legal
descriptions and parcel sketches on the parcels to be acquired. Using the
forms prepared by the City, the City or his agent and consultants will assemble
and prepare the conveyance instruments and other documents required for the
negotiation of each individual parcel. This information will be forwarded to the
subcontractor for use in the acquisition of the required parcels. The
subcontractor will make a cursory review of the legal descriptions and
sketches to determine that they are compatible, but will not be responsible for
their accuracy.
4. Title Information: The subcontractor shall secure the services of a qualified
Title Company, for the City to engage, to provide the title information
necessary to acquire the proposed easements and to provide title insurance
policies on each of the parcels acquired.
The subcontractor shall order from the Title Company, engaged by the City,
preliminary title commitments and copies of easements and the other
exceptions reported in the preliminary title reports. The subcontractor shall
coordinate with the Title Company for the timely delivery of the title
commitment.
The subcontractor shall review any exceptions to title reported in the title
commitment. The subcontractor shall coordinate with the City or his agents
and consultants for their timely determination of the location and effect of any
utility easements listed in the title commitment. The subcontractor shall
report the results of the review to the Title Company and the City or his agents
and consultants, recommending the disposition of the exceptions. The
decision whether the reported exceptions are acceptable or must be eliminated
4/24/97 A-4
as exceptions to title in the purchasing of the title insurance for each parcel will
be the responsibility of the City.
5. Valuation of Parcels: The subcontractor will provide a written appraisal of
each parcel to be acquired except for those parcels specifically designated by
the Owner as requiring no valuation services. The City or his agents and
consultants shall furnish the subcontractor the appropriate legal description
and plat showing the property to be appraised. The subcontractor shall use
state certified appraisers to prepare the written appraisals.
The appraisals will be submitted to the City with a recommendation as to the
amount of just compensation to be offered for the purchase of each parcel.
The City will be responsible for approving the value to be offered for the
purchase and for any latitude allowed in the negotiated price.
6. Negotiation: The subcontractor will provide the services of qualified right-of-
way agents to secure the required right-of-way for this project. The City or his
agents and consultants will provide the subcontractor with right-of-way
plats/maps, plans of the proposed construction and copies of aerial
photography (if available) for use in the negotiating efforts.
The subcontractor will negotiate on behalf of the City and will provide the
property owner a copy of the approved appraisal. The subcontractor will
utilize the conveyance documents and other necessary forms as prescribed by
the City and as approved in accordance with a previously discussed paragraph
entitled Document Preparation. The subcontractor will provide a good faith
effort to acquire all the easements through a negotiation process which will
generally consist of no less than three contacts with the property owner or his
authorized representative. Usually no more than this number of contacts will
be necessary to reach an agreement with the property owner or to determine
that further negotiations will be nonproductive and that eminent domain actions
will be necessary to acquire the easement. If absentee owners are involved,
the negotiations will be conducted via telephone, fax or by mail.
The initial offer made to the property owner will be based on the value
approved as previously discussed in the paragraph entitled Valuation of
Parcels. In the event the property owner makes counter offers which include
payment above the amounts offered, special clauses, revised conveyance
documents or any other changes, these requests along with the
subcontractor's recommendations will be presented to the City or his agents
and consultants for their consideration, The City must approve such counter
offers before the subcontractor's agent will be authorized to agree to the
requested changes. All monetary offers made to the property owners will be
within the limits authorized by the City in the various stages of the negotiation.
At the time negotiations are successfully concluded the subcontractor's agent
will make arrangements for the closing of the transaction. The payment to the
property owner and the closing procedures will be in compliance with the
4/24,197 A-5
procedures defined in the paragraph entitled Closing Procedures which will be
discussed later.
In the event these good faith efforts fail to produce a satisfactorily negotiated
easement(s), the subcontractor will recommend to the City or his agents and
consultants that the City use its power of Eminent Domain to acquire the
easement(s). Upon approval of the City, the subcontractor will send a final
offer letter to the property owner.
7. Closing Procedures: Title insurance is to be purchased on all parcels acquired
except for those specifically excluded by the City in writing. After reaching an
agreement with the land owner on the consideration and all other terms of the
transaction, the subcontractor's agent will forward to the title company a
memorandum of agreement (MIA) executed by the property owner and ratified
by the City. This M/A sets forth the compensation and any other terms and
conditions agreed upon. The agent will also inform the title company that the
parcel is ready for closing. The subcontractor's agent will also provide the
title company with curative matter obtained under the provisions outlined in the
previously discussed paragraph entitled TITLE INFORMATION. The City will
provide the funds required for closing immediately upon the request made by
the Title Company.
8. Documentation: A General File will be established for the project assigned to
the subcontractor and a separate Parcel File will be established for each
parcel to be acquired. The general file will consist of all communications in
connection with the project which are not parcel specific. The parcel file will
contain records of all written and verbal communications regarding a specific
parcel. Upon completion of the project, the supporting files will be submitted
to the City or his agents and consultants.
Written documentation will be maintained for each property in a separate
parcel file and will include as a minimum the name, address and telephone
number of the property owner and tenant, the property owner's verification of
title information, the negotiating price, and a copy of the easement conveyance
and curative documents.
Any contact with or attempt to contact the parcel owner or his representative,
whether written, by telephone or in person will be documented with a written
or typed report and placed in the parcel file. Each such report shall document
the date, time, place, parties involved in the contact and the current monetary
offer of the property. The report should contain the essence of the
conversation between the parties, including any objections or counter offer by
the owner and the responses thereto. The report of the initial contact will
contain a verification of the information contained in the title report, such as the
name, address and telephone number of the current ownership. It should also
contain verification of information concerning tenants, mortgages, leases
contracts of sales, etc.
4/24/97 A-6
The subcontractor will provide the City or his agents and consultants a
periodic progress report on the project. The report will be issued on intervals
agreed upon by the parties at the organizational meeting at the beginning of
the project.
9. Condemnation: The subcontractor will be responsible for obtaining
authorization from the City to send a final offer to a property owner if it
appears that the further negotiating efforts will be nonproductive.
10. Permits: The subcontractor will be responsible for obtaining authorization
from Governmental Entities and Utility Companies for the crossing and/or
occupying their property by the facilities to be constructed on this project. The
subcontractor will be responsible for contacting the agency involved to
determine their requirements for the crossing and/or occupancy and to prepare
to negotiate the agreement for the placement of the proposed construction.
The City or his agents and consultants will be responsible for the determination
of the conflict, if any, between the facilities and prepare the plans and sketches
depicting the proposed construction to avoid the conflict.
11. Project Closure: Upon completion of the project, the subcontractor will be
responsible for the delivery of the files to the City or its designated
representative. A final list of property owners with names and addresses will
be submitted with these files.
D. Safety Plan, Training, and Monitoring
1. Safety Plan & Training. Develop a project specific construction safety manual for
resident project representative personnel's use. Engineer will also conduct a 3-hour
safety workshop for each construction contractor and subcontractor and provide
appropriate literature.
2. Safety Monitoring. During construction, Engineer will monitor the site safety program.
A review will be made of each contractor's site safety program to verify that a
program has been prepared and that it complies with the project specific site safety
program. Engineer and his resident representatives shall not be responsible for:
a. Means, methods, techniques, or procedures selected by Contractor.
b. Failure of Contractor to comply with Site Safety Program and Contractor's
safety precautions and procedures.
C. Failure of Contractor to comply with applicable laws, ordinances, rules, or
regulations.
d. Failure of Contractor to perform the Work in accordance with the Contract
Documents.
4/24/97 A-7
e. Acts or omissions of Contractor, his Subcontractors, his Suppliers, or their
agents or employees at the Site or otherwise performing any Work for the
Project.
f. The assignment of personnel, obtaining materials or supplies, or any other
services to Contractor.
E. Onsite Construction Services
1. Resident Representatives. Engineer will furnish Resident Project Representatives
for a 10 month continuous construction period. The Resident Project
Representatives will observe the Contractor's work based on a 40-hour work week.
The Resident Project Representatives shall not have responsibility for the
Contractor's superintendence, safety, operation, equipment, or personnel. This
service will in no way relieve the Contractor of complete supervision and inspection
of the work or the Contractor's obligation for complete compliance with the drawings,
specifications and Site Safety Plan. Specific services performed by the Resident
Project Representatives are as follows:
a. Site Observations and Liaison with Owner and Contractors.
(1) Conduct onsite observations of the general progress of the work to
assist design engineer and Owner in determining if the work is
proceeding in accordance with the construction contract documents.
(2) Serve as Owner's liaison during construction,working principally through
the Contractor's superintendent, and providing interpretation of the
construction contract documents. Transmit design engineer's
clarifications and interpretations of the construction contract documents
to the Contractor when warranted,
(3) Serve as Owner's liaison with the Contractor when the Contractor's
operations affect Owner's onsite operation.
(4) As requested by Owner, assist in obtaining from design engineer
additional details or information when required at the jobsite for proper
execution of the work.
(5) Report to Owner and design engineer, giving opinions and suggestions
based on the Resident Project Representative's observations regarding
defects or deficiencies in the Contractor's work and relating to
compliance with drawings, specifications, and design concepts.
(6) Advise design engineer and the Contractor or its superintendent
immediately of the commencement of any work requiring a shop drawing
or sample submission if the submission has not been accepted by
design engineer.
4/24/977 A-8
(7) Monitor changes of apparent integrity of the site (such as possible
differing subsurface and physical conditions, existing structures, and
site-related utilities when such utilities are exposed) resulting from
construction-related activities.
(8) Review the Contractor's construction sequence and traffic control plans
for construction work undertaken simultaneously.
(9) Verify that the Contractor has contacted utilities in the general
construction area and advised them of Contractor's schedule. Assist in
coordinating scheduling of utility activities to minimize conflicts with
other's activities.
(10) Visually inspect materials, equipment, and supplies delivered to the
worksite. Reject materials, equipment, and supplies which do not
conform to the construction contract documents.
(11) Coordinate and provide onsite materials testing services during
construction. Copies of testing results will be forwarded to Owner and
design engineer for review and information.
(12) Observe field tests of equipment, structures, and piping, and review the
resulting reports, commenting to design engineer, as appropriate.
b. Meetings, Reports, and Document Review and Maintenance.
(1) Attend the preconstruction conference, and assist design engineer in
explaining administrative procedures which will be followed during
construction.
(2) Schedule and attend monthly progress meetings, and other meetings
with Owner, design engineer and the Contractor when necessary, to
review and discuss construction procedures and progress scheduling,
safety, construction inspection and quality control procedures, and other
matters concerning the project.
(3) Submit to Owner, with a copy to design engineer, monthly construction
progress reports containing a summary of the Contractor's progress,
general condition of the work, problems, and resolutions or proposed
resolutions to problems.
(4) Review the progress schedule, schedule of shop drawings submissions,
and schedule of values prepared by the Contractor, and consult with
design engineer concerning their acceptability,
(5) Report to design engineer and Owner regarding work which is known to
be defective, or which fails any required inspections, tests, or approvals,
or has been damaged prior to final payment; and advise design engineer
and Owner whether the work should be corrected or rejected, or should
4124197 A-9
be uncovered for observation, or requires special testing, inspection, or
approval.
(6) Review applications for payment with the Contractor for compliance with
the established procedure for their submission, and forward them with
recommendations to Owner, noting particularly their relation to the
schedule of values, work completed, and materials and equipment
delivered at the site, but not incorporated into the work.
(7) Record date of receipt of shop drawings and samples. Receive samples
which are furnished at the site by the Contractor, and notify design
engineer of their availability for examination.
(8) During the course of the work, verify that specified certificates, and other
data required to be assembled and furnished by the Contractor are
applicable to the items actually installed; and deliver this material to
design engineer for his review and forwarding to Owner prior to final
acceptance of the work.
(9) Maintain a marked set of drawings and specifications at the jobsite
based on data provided by the Contractor. This information along with
information from the record documents maintained by the Contractor,will
be forwarded to the design engineer.
(10) Review certificates of inspections,tests, and related approvals submitted
by the Contractor as required by laws, rules, regulations, ordinances,
codes, orders, or the Contract Documents (but only to verify that their
content complies with the requirements of, and the results certified
indicate compliance with, the construction contract documents). This
service is limited to a review of items submitted by the Contractor and
does not extend to a determination of whether the Contractor has
complied with all legal requirements.
(11) Maintain the following documents.
(a) Correspondence files.
(b) Reports of jobsite conferences, meetings, and discussions among
the design engineer, Owner, and Contractor.
(c) Submittals of shop drawings and samples,
(d) Reproductions of original construction contract documents.
(e) Addenda,
(f) Change orders.
4/24x97 A-10
(g) Field orders.
(h) Additional drawings issued subsequent to execution of the
construction contract documents.
(i) Progress reports and payment requests.
Names, addresses, and telephone numbers of all contractors,
subcontractors, and major suppliers of materials and equipment.
(12) Maintain a daily diary or log book of events, including the following
information:
(a) Days the Contractor worked on the jobsite.
(b) Contractor and subcontractor personnel on jobsite.
(c) Construction equipment on the jobsite.
(d) Observed delays and causes.
(e) Weather conditions.
(f) Data relative to claims for extras or deductions.
(g) Daily activities.
(h) Observations pertaining to the progress of the work.
(i) Materials received on jobsite.
The original diary or log book shall remain the property of Engineer. A
copy of the log book or diary shall be provided to the City.
C. Assistance in Certification of Substantial Completion.
(1) Before design engineer issues a Certificate of Substantial Completion,
submit to the Contractor a list of items observed to require completion
or correction.
(2) Conduct final inspection in the company of Owner, design engineer, and
the Contractor, and prepare a final list of items to be completed or
corrected,
(3) Verify that all items on the final list have been completed or corrected,
and make recommendations to design engineer concerning acceptance.
4/24/97 A-1 1
2. Outside QC Testing. Provide the following services through a subcontract:
a. Materials testing of materials used by the Contractor in construction of the
work. Copies of the testing results will be forwarded to the Owner, design
engineer and Contractor for review and information. Advise the Owner, design
engineer and Contractor of any deficiencies in the Work revealed by the
testing.
F. Supplemental Services
1. Any work requested by Owner that is not included in one of the items listed in any
other phase will be classified as supplemental services.
2. Supplemental services shall include, but are not limited to:
a. Providing Resident Project Representatives for more than the 10 month
construction period that is currently anticipated.
b. Meetings held at a place outside the Dallas/Fort Worth metroplex with local,
State, or Federal agencies to discuss the project.
C. Supplemental engineering work required to meet the requirements of
regulatory or funding agencies that become effective subsequent to the date
of this agreement.
d. Special consultants or independent professional associates requested or
authorized by Owner.
e. Assistance with extended bid protests and rebidding.
f. Preparation for litigation, or other legal or administrative proceedings; and
appearances in court in connection with bid protests, change orders, or
construction incidents.
g. Provision, through a subcontract, of land and property surveys and property
descriptions, including legal property description, as required by the project.
h. Provision, through a subcontract, of the services of a surveying company to
verify that the horizontal alignment of the pipelines is within the permanent
easements and that the pipeline grades for the gravity sewers are within
design tolerances,
i. Provision, through a subcontract, of the services of a title company to prepare
title reports on each parcel of property on which easements or rights-of-way
are required or which is to be purchased.
j. Engineering assistance to Owner in negotiation meetings and condemnation
proceedings.
4/24/97 A-12
k. Provision, through a subcontract, of aerial photography as requested or
approved by Owner.
1. An environmental assessment report and/or environmental impact statement
as requested by Owner or required by review agencies.
M. Provision, through a subcontract, of a cultural resources or archaeological
study and report on the construction site pipeline route(s).
n Provision, through a subcontract, of archaeological consultations regarding
artifacts that may be uncovered during construction.
0. Where field conditions differ from the conditions indicated in the construction
contract documents or the soil boring logs, preparation of sketches of
construction work for approval by Owner, to supplement the drawings and
specifications as may be required; and providing redesign or relocation
information if required by underground obstructions, utilities, or other
conditions.
p. Services resulting from significant delays, changes, or price increases caused
directly or indirectly by shortages of materials, equipment, or energy.
q. Additional or extended services during construction made necessary by (1)
work damaged by fire or other cause during construction, (2) a significant
amount of defective or neglected work by any Contractor, (3) acceleration of
the progress schedule involving service beyond normal working hours,
(4) default by any Contractor, and (5) failure of the Contractor to complete the
work within the construction contract time.
r. Evaluation of unusually complex or unreasonably numerous claims submitted
by Contractor or others in connection with the work above that amount
budgeted.
S. Any curative work shall be performed by the ENGINEER as authorized and
directed by the CITY if the City determines the exceptions listed in a title
commitment should be cleared. The compensation due the Title Company for
issuance of title insurance and/or any related activities performed by the Title
Company will be the responsibility of the CITY.
t. Travel to meet with absentee owners if the schedule for acquisition of the
easements or other factors arise which make it expedient and if specifically
authorized by the City.
U. If it appears that further negotiating efforts will be nonproductive, and after the
final offer to a property owner has been sent, all work following the final offer
will be considered supplemental services. The ENGINEER will provide the
necessary services to assist the CITY with the following tasks in support of the
CITY's use of eminent domain in acquiring the required property interests.
41124/97 A-13
1.) If requested and authorized by the CITY's legal advisor, the ENGINEER
will be responsible for securing an updated appraisal for each parcel to
be condemned. The ENGINEER will then provide the services of a
qualified appraiser,assign the appraisal, review the completed appraisal
report and furnish the appraisal information to the CITY's legal advisor
for his use in the condemnation hearing.
2.) If requested and authorized by the CITY's legal advisor, the ENGINEER
will be responsible for obtaining original and/or updated title information
for each parcel to be condemned. The ENGINEER will secure from the
title company an updated title commitment on each parcel to be
condemned and furnish it to the CITY's legal advisor.
3.) The ENGINEER will prepare and furnish to the CITY's legal advisor a
"file package" consisting of the appropriate sketches, legal descriptions,
right-of-way agent reports and other information for the legal advisor's
use in the required condemnation actions.
4.) The ENGINEER will provide coordination as required for a witness to
present valuation testimony at the special commissioners hearings and
for the preparation of the testimony. The ENGINEER will also provide,
if required, a right-of-way agent to testify as to negotiation efforts.
41/24/97 A-14
ATTACHMENT B
TO
STANDARD AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Fort Worth, Texas
Project: Intel Infrastructure Construction Management Services
COMPENSATION
For the services covered by this contract, the City agrees to pay the Engineer a fixed
fee of four hundred fifty-four thousand dollars ($454,000.00). The Engineer will invoice
the City for this fee in twelve equal monthly payments, commencing with the first
month after Engineer is issued a notice to proceed.
The entire amount of each invoice shall be due and payable upon receipt by the City.
Carrying charges of 1-112 percent per month from the billing date, shall be due for
accounts which are not paid within 60 days after the billing date. Carrying charges are
not applicable in the case of contested charges. The invoice format and complete
billing instructions are included in Exhibit A which is incorporated and made a part of
this Agreement.
It is mutually agreed that the maximum billing limit is based on providing onsite
construction services (resident project representatives) for a 10 month continuous
period. If the actual length of the construction period exceeds 10 months and the City
requires additional resident engineering services during the extended construction
period, the maximum billing limit shall be adjusted accordingly by a supplement to this
Agreement. It is understood that once construction services start on the project, they
shall be continuous.
It is also understood that construction management services will be provided for the
the Bear Creek Sewer and for the proposed 30-inch Denton Creek Gravity Sewer to
the existing Denton Creek Interceptor from Lift Station I at no additional cost to the
City should this construction occur within the ten month period described above.
For supplemental services, an amount equal to the Engineer's payroll cost times 2.25
plus reimbursable expenses at cost and plus subcontract billings times 1.10. Payroll
costs are defined as the wages paid to the Engineer's employees involved in the
project times a multiplier of 1.35. Each item of supplemental services shall be
established before the work is started. The amount billed for each item of
supplemental services shall not exceed the amount established for it without further
authorization. Additional amounts for supplemental services may be authorized, if
necessary, as the work progresses. Additional parcels above that previously indicated
shall be reimbursed at $3,500 per additional parcel.
4/24/97 B-1
EXHIBIT A
SAMPLE INVOICE
PLEASE MAIL REMITTANCE TO:
BLACK & VEATCH BLACK & VEATCH
5728 LBJ FREEWAY P.O. BOX 27-258
SUITE 300 KANSAS CITY, MO 64180
DALLAS, TX 75240
TELEPHONE: (972) 770-1500
FACSIMILE: (972) 770-1549
FED ID: 44-0605785
FORT WORTH WATER DEPARTMENT INVOICE DATE: 04115/97
1000 THROCKMORTON BILL THRU: 03131/97
FORT WORTH, TX 76102 INVOICE NO: 081160030012345
PAYMENT DUE: 04130197
B&V CONTACT: B. BARNETT
INTEL INFRASTRUCTURE CM SERVICES CLIENT REF: PO 0223556
LUMP SUM AMOUNT - $454,000.00
10% COMPLETE $ 45,400.00
PREVIOUSLY BILLED $ 0.00
AMOUNT DUE THIS INVOICE $ 45 4OO.00
TOTAL BILLED TO DATE $ 45,400.00
TERMS: DUE UPON RECEIPT OF INVOICE: A LATE CHARGE WILL ACCRUE AND BE ADDED TO ALL AMOUNTS
REMAINING UNPAID AT THE RATE OF 1.5 PERCENT PER MONTH OR THE MAXIMUM RATE ALLOWED BY LAW,
IF LESS, STARTING ON THE 60TH DAY FOLLOWING THE INVOICE DATE, IF PAYMENT HAS NOT BEEN MADE IN
THE 60 DAYS FOLLOWING THE INVOICE DUE DATE
4/24/97 B-2
ATTACHMENT C
TO
STANDARD AGREEMENT FOR ENGINEERING SERVICES
Owner- City of Fort Worth, Texas
Project: Intel Infrastructure Construction Management Services
SUPPLEMENTAL OBLIGATIONS OF THE ENGINEER
The following amendments shall be made to the Standard Agreement for
Engineering Services.
1. Replace Article IV(K) (2) (a) with the following.
"Engineer and City waive all rights against each other and
their directors, officers, partners, commissioners,
officials, agents, subcontractors, and employees for damages
covered by property insurance during and after the completion
of the Services. If the the Services result in a
construction phase of the project, a similar provision shall
be incorporated into all construction phase contracts entered
into by City and shall protect City and Engineer to the same
extent.
All Project contractors shall be required to include City and
Engineer as additional insureds on their General Liability
insurance policies, and shall be required to indemnify City
and Engineer to the same extent. "
2. Replace the end of the subsection after "death" in Article
VI(F) (1) with the following.
"to the extent caused by the negligent act, error or omission
of the Engineer or anyone for whom it is legally liable in
the performance of services hereunder."
3. Add the following Article
"Article V111 - Limitations
To the fullest extent permitted by law, Engineer shall not be
liable to City for any special , indirect, or consequential
damages resulting in any way from the performance of the
services.
To the fullest extent permitted by law, Engineer's total
liability to City for all clairns, losses, damages, and
expenses resulting in any way from the performance of the
Services shall not exceed five million dollars
($5,000,000,00) ."
City of Fort Worth, Texas
Mayor and Council Communication
DATE- E NUM13ER LUG NAME PAGE
04/01/97 **C-15972 30BLACK 2 of 2
SUBJECT AWARD OF ENGINEERING SERVICE CONTRACT WITH BLACK & VEATCH' INC.,
FOR THE CONSTRUCTION MANAGEMENT & INSPECTION OF SANITARY SEWER
FACILITIES TO SERVE THE PROPOSED INTEL SITE
Upon annexation, portion of this project will be located within COUNCIL DISTRICT 2, in
Mapsco, Map 643-U and Y; Map-8-13, F, K, P, T and X; Map 22-13, F, K, P, T, and X; Map
36-A, E,J,N,S and W; Map 7-E and F. A portion of this project is located within COUNCIL
DISTRICT 4, in Mapsco, Map-22-J, K, L and M. A portion of this project is located in
Denton County, in Mapsco, Map 7-G and H, and Map 8-E and F.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds are available in the current capital
budget, as appropriated, of the Commercial Paper-Sewer Fund.
MG:m
aninitted for City-Manager's
' D ACCOUNT CENTER AMC) N CITY SECRFTA N'
e°r 6 140 APPROVED
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CITY COUNCIL
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