HomeMy WebLinkAboutContract 405344
CITY
W.X T NO,
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING S
(ERVI=Es
This AGRLEMENT is between the City of Fort Worth (the "CITY"), and McCreary and
Associates, Inc., (the "ENGINEER"), for a PROJECT entitled "Live Oak Lift Station
Rehabilitation Project", generally described as the electrical design for the rehabilitation of the
Live Oak Lift Station.
Article
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.
1
UrnciAL rttut<D
CITY SECRETARY
FT. WORTH, TX
06-29-1 0 A 1 0 : 05
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
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 riot 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
1. 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 S. Frank Crumb, 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)
(g)
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.
Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and at the CITY's discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(I) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
U)
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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(I)
(m)
insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of ENGINEER's
overhead.
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.
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.
Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineenng 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.
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
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.
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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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 fads 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:
(3)
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
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.
1. 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
u nenforceability 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
e nacted 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 ansing out of
the violation of any such order, law, ordinance, or regulation, whether it be by itself
o r its employees
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a
written amendment executed by both parties The following attachments and schedules are
hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B — Compensation and Schedule
Executed this the day of , 2010
ATTEST:
arty Hendrix
City Secretary
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Ate *Onfai4 (Nk
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APPROVED AS TO FORM
AND LEGALITY
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Assistant City Attorrte
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CITY OF FORT WORTH
By: nasses4
Fernando Costa
Assistant City Manager
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Fran Crumb, P.E.
Director, Water Department
AP LECMNDF4-
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McCreary and Associates, Inc.
Engineer
By>/
Joseph J. Kotrla P.E.
President
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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) 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.
2) 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
advise the owner as to the acceptability of alternate materials and equipment proposed by
the prospective constructors.
3) 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 "A")
Live Oak Lift Station Rehabilitation Project
McCreary & Associates shall provide the following Design Services:
• Provide one set of Drawings and Specifications for review and comment. Drawings
shall be 11" x 17" format size. Engineer will incorporate Owner comments in the final
"Issued for Bidding" set of Drawings and Specifications. Drawings and Specifications
shall include the following components*
o Pump controls, instrumentation and schematics
o Quick connect for mobile generator starting
o Lighting, grounding, and miscellaneous details
• Provide (1) one "Issued for Bidding" drawing and specification set. Drawing shall be
reproducible 1 size (11" x 17' ), signed and sealed by a registered Texas P E A pdf
e lectronic copy of the plans will be provided to the Owner as well
• Technical specifications will be developed by the Engineer. Specifications shall be in
Microsoft Word format and be made available to the Owner in electronic format upon
request:
• New work shall be designed in accordance with current code requirements.
• Any calculations produced will be by hand or by various software programs. All the
above listed information will be kept on file and can be made available to the Owner
u pon request.
• Electronic file exchange shall be done via the Engineer's e-mail.
McCreary & Associates shall provide the following Bid Phase Services:
• Respond to Owner and Contractor questions and issue clarifications as required.
• Assist Owner with development of Addenda, if required.
McCreary & Associates shall provide the following Construction Phase Services
• Consult with and advise Owner during Construction Phase. All of Engineer's
instructions to Contractor will be issued through the Owner.
• Respond to Owner and Contractor questions and issue clarifications, as required.
• Review and approve Shop Drawings and other data submitted by the Contractor
• Conduct, in the company of the Owner, (1) one final inspection of the Contractor's
completed work. Engineer shall submit a written punchlist to the Owner and assist Owner
with discussions with Contractor concerning construction deficiencies, and assist with
making corrective recommendations of defective work.
ATTACHMENT "B"
COMPENSATION AND SCHEDULE
Live Oak Lift Station Rehabilitation Project
McCreary & Associates is to be compensated on a time -expended basis with a not to exceed
maximum of $19,500.00 (nineteen thousand five hundred dollars). Invoices to be sent monthly
at the rates listed below:
Engineer, P E
Engineer, Sr.
Engineer, E I T
Engineering Technician,
Technician
Clerical
$125 00 per hour
$115.00 per hour
$100 00 per hour
Sr. $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
Design is expected to be completed by the end of the month.
!SS SP
INTEROFFICE MEMO
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DATE: DUNE 2, 2010
TO: FERNANDO COSTA, ASSISTANT CITY MANAG R"�-�'
AMY RAMSEY, ASSISTANT CITY ATTORNEY--'`
FROM: S. FRANK CRUMB, P.E., WATER DIRECTOR
SUBJECT: LIVE OAK CREEK SEWER LIFT STATION OUTAGE -EMERGENCY
RESPONSE
The Live Oak Lift Station was constructed in 1989. The lift station consists of two 135 HP
submersible pumps located in a 37-ft deep wet -well that pump into a 14" force main which
travels 5,100 linear feet and rises 130 vertical feet to a 18-in gravity main located near Silver
Creek Road and Loop 820 West. The existing submersible pumps were a first generation type
design, with a non-standard discharge elbow and guide rail system. In order to replace the
pumps, the lift station must be bypassed, as new discharge elbows, guide rails, and piping would
have be installed within the wet -well. A design is currently in progress to replace the existing
pumps, piping and electrical switchgear, which will require construction of a new vault where a
bypass pump can be installed.
On May 27th, maintenance crews attempted to make repairs on pump #2, which was out of
service. Crews noticed that whenever a pump was turned on, the overhead transformer bank
would spark. Work was terminated until Oncor could make repairs, which occurred later that
day. On May 28th, maintenance crews worked on the check valve on pump #l. During the
course of the work, pump #1 turned on against a closed valve. The resulting water hammer
resulted in the pump guide rails being torn off the wall and the pump falling off the discharge
base. At this point, both pumps were out of service. An emergency pump was brought in late
Friday to lower the wet -well level, but problems with the discharge piping prevented its use.
Since no pumping could be brought on-line at the site, tanker trucks and vac trucks were called
in to truck wastewater from the Live Oak Lift Station to a manhole near IH 820 and White
Settlement Road. On the afternoon of May 31 st, the water level was finally lowered to the point
where crews could get into the wet -well and make an emergency repair on pump #2. This repair
lasted until 'the morning of June 1, at which time pump #2 stopped pumping again. Tanker
trucks were called back to the site, along with a contractor to assist with the installation of
temporary piping for an emergency pump. The temporary piping and startup of the emergency
pump was completed the night of June 1.
Waiting to bid a contract to rectify these problems is not the best interest of the health and safety
of the City of Fort Worth. Furthermore, Section 252.022 of the Local Government Code exempts
06-29-10 A 10
from normal bidding requirements expenditures that are necessary to preserve or protect public
health or safety of the municipality's residents; and procurements necessary because of
unforeseen damage to public machinery, equipment, or property. See Section 2 and 3.
This memo is submitted to request authorization to restore this lift station permanently to service:
1. BY-PASS PUMPING: The city has an emergency service contract with Ace Pipe
Cleaning (M&C C-360 1 1). However, the expenditures anticipated for this emergency
will exceed the contract amount. The cost is estimated to be $70,000.
2. TEMPORARY BY-PASS PUMPS AND PIPING INSTALLATION AND SET-UP:
Circle "C" Construction has been requested by the City to provide emergency
construction services to install discharge piping from the lift station wet -well to the
emergency pump. Estimated cost of this emergency service is $25,000.
3. BY-PASS PUMP AND PIPING RENTAL: There will be a need to rent from Maverick
Pump Services an additional by-pass pump and piping to supplement the city's own
emergency pump until repairs can be made on one of the two existing lift station pumps.
The anticipated cost for the setup and bypass pump rental is $25,000.
4. OUTSIDE CONSULTING SERVICE: To complete the lift station rehabilitation
electrical and instrumentation design, the Water Department proposes to enter an
engineering agreement with McCreary and Associates to provide the necessary design
services. Estimated cost of service is $20,000.
5. EMERGNCY PROCURMENT OF CONSTRUCTION SERVICES: This
authorization allows the Water Department to enter into a construction contract through
an expedited bidding process to perform the permanent pumps, piping, valves,
instrumentation and electrical replacement at Live Oak Creek Lift Station. Cost is
estimated to be $ 3 00,000.
An Informal Report to City Council Members will be submitted shortly upon approval of this
authorization. Confirming M&C will be circulated as appropriate to authorize these activities.
APPROVED FOR EMERGENCY PROCUREMENT: 7
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Fernando Costa, Assistant City Manager
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