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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and MWH Americas,
Inc., (the "ENGINEER"), for a PROJECT generally described as: McCart Pump Station and
Ground Storage Tank — Design Revisions and Bidding Assistance.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows;
Ao Invaice aiid Paymeni
(1) Th� ENGINEER shall pr�vide the City su�ficie��t documentation io
reast�nak�ly su�stantiate the in��oices.
(2) The CNGINEER will issue monthly invoices for all work performed ur�der
#his AGREEMENT. Invoices are du� and payable withir 30 days of receipi.
(3) Upon completion of services enumerated in A�ticle 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. _-,___- ,._,�_t_
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�ORIGINAL
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to ENGINEER's
recommendation 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 engineerina 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 cosUexecution 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.
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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 PR(�JECT', when completed, will be ir�
accordance with the Contract Uocuments, nor shall anything in the
Contract Documents or the agreement between CITY and ENGINEER be
cons4rued as requiring F_NGINEER tc make exhaustive or continuous or-
sit� inspections to discover latent defects in the work or atherwise check
the quality or quantity of the work on thz PROJECT. If, for any reason, the
ENGINEER should make an on-site observat�on(s), on the basis of sucr
on-site observations, if any, the ENGINEER shal� endeavor to keep the
CITY informed of any deviation from the Gantracfi Documents coming to
the actual notice of ENGINEER regarding the PRUJECT.
(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,
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or direction of operating personnel; and other economic
factors that may materially affect the ultimate PROJECT
Therefore, the ENGINEER makes no warranty that tt
PROJECT costs, financial aspects, economic feasibility,
not vary from the ENGINEER's opinions, analyses,
estimates.
Construction Progress Payments
; and operational
cost or schedule.
ie CITY's actual
or schedules will
projections, or
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.
Record Drawings
Record drawings, if required, will be prepared, in part, or� the basis of informati�n
compiled and fur.nished by others, and may not always represent the exact
�location, type of various components; or. Exact manner in which the PROJ�CT was
finally cor�structed. The ENGINEER is not responsible for any errors or omissions
, in the information from others that is incorporated info the record drawings.
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.
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
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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 subconsuftant 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 cc,verage at minimum limits, which are to be in effect prior
to commencement of work on the PRO iECT:
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.
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(a) The Commercial General Liability and Automobile Liability 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. (NOTE: Insurance carriers for Professional
Liability Insurance do not list additional insureds due to the personal
nature of the coverage.)
(b) Certificate(s) of insurance shall document that insurance coverage
specified according to items section K.(1) and K.(2) of this
agreement are provided under applicable policies documented
thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation, non-renewal or
material change in coverage shall be provided to the CITY. A ten
(10) days notice shall be acceptable in the event of non-payment of
premium. Such terms shall be endorsed onto ENGINEER's
insurance policies. Notice shall be sent to Dale A. Fisseler, P.E.,
Water Director, City of Fort Worth, 1000 Throckmorton, Fort Worth,
Texas 76102.
(e) Insurers for all policies mu�t be authorized to do business in the
state of Texas or be otherwise approved by the CITY; and, such
insurers shall be reasonably acceptable to the CI�Y in terms of their
financial strength and solvency.
(f) Deductible limits, or self-insured ret�ntions, affecting insurance
required herein may be acceptable to the CITY at its sole
reasonable discretion; and, in lieu of traditional insurance, any
alternative coverage maintained through insurance pools or risk
retention groups must be also approved. Dedicated financial
resources or letters of credit may also be acceptable to the City.
(g) Commercial General Liability and Automobile Liability 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.
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(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 ENGINEER's
overhead.
(I) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
subconsultants maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is
Ganceled or terminated, such cancellation or termination shall not
constitute a breach by ENGIREER of the AgrFement.
L. Independea�t Consultant
The ENGINE�� agrees ta perform all service� as an independent consultant and
not as a subcontractor, agent, or employee of the CIT�'.
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.
D�C
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
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'G ; services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information pravided by the C;ITY.
B. Access to FaciNties ancl �roperty
The CITY will make its facilities accessible to the E�JGINEER as required for the
ENGINEER's performance of its services and will �rovide 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 or omissions 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
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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 �pply to the
extent that the dischar-ge, release or escape of haz�rdous substances,
contaminants, or asbestos is a result �f ENGINEER's negligence or if
such hazardous substance, contaminant or asbestos is brought onto khe
PROJEGT by the ENGINEER.
G. Contractor Indemnification anc! Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. reg�rding the ENGINEER's Personnei afi 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
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or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
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.
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.
Litigation Assistance
The Scope of Services does not include cosfs of the
requested assistance to suppc�rfi, prepare, �o�ument,
litigation undertaken or defended by the CITY. In the
services of the �NGINEER, this AGREEMENT shall
agreement will be negotiated between the partie�.
Changes
ENGINEER for required or
bring, defend, or assist in
event CI�Y requests such
be amende� or a �eparate
The CITY may makP ar approve changes withiri the general Sc�pe of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost o�f 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
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B.
Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CITY.
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
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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 AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to
perform through no fault of the other and does not commence correction of
such nonperformance with five (5) days of written notice and diligently
complete the correction thereafter.
(2) If this AGREEMENT is terminated for the conver�ience of the City, the
ENGINEER will �e paid for termination expenses as follows:
a) Cost of reproduction of partial or corr�plete studies, plans,
speciiications or c�ther forms of ENGINE�R'S work procluct;
b) Out-of-pocket expenses for purchasing storage containersy
microfilm, electronic data files, and other data storage supplies or
services; �
c) The time requirements for the ENGINEER'S personnel to document the
work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit
to the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
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(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 wiliful
misconduct of the ENGINEER, its employees, officers, and subcontractors
in connection with the PROJECT.
(2) If the negligence or wiliful 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 �II the different theories of
recovery, including breach of contract or ti�arranty, tort including r�egligence, strict
or statutory liability, or any other ca�ase of action, except for willfu{ misconduct or
_ gross negligence for limitations of liability and sole negligence for i�demnific�tion.
� Parties means the CITY and #he ENGINEER, and their officers, empioyees,
agents, and subcontractors.
Jurisdiction
The law of the State of Texas shafl 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 inediation 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
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(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
shall become null and void and shall not be used by either party for any
purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all applicable federal and
State laws and regulations and with ali City ordinances and regtalations which in
any way affect this AGREEMENT and the work hereunder, and shall observe an�
comply with all orders, laws Qrdinances an� regulations whi�h may exist or may be
enacted later by governir�g bodies having jurisdiction or aufharity for such
enac#rrient. No plea of misunderstanciing or ignorance th�r�of shafl be consic�er�d.
ENGINEER agrees to defend, indemnify and hold ha,rmlesd CITY �nd all af its
officers, agents and employees From and against all claims or liability arising oui �f
the violation of any such order, law, ordinance, or regulation, whether it be by itsPl#
or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a
written amendment executed by both parties. The folfowing 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 , 2007
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ATTEST:
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Marty Hendrix
City Secretary
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APPROVE� A� TO FORM
CITY OF FORT WORTH
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Assistant �ty Manager
APP�OVAL RECOMMENDED
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S. Frank Crumb, P.E.
Director, Water Department
MWH An�ericas, Inr..
Engineer
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William F. McHie
Vice President
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ATTACHMENT "A"
Scope of Services
The Engineer prepared the original design plans and specifications for the McCart Avenue Pump
Station and Ground Storage Tank project under a separate contract several years ago. This
scope of services is to revise the original design of the project to address City review comments
dated March 9, 2007, provide assistance in obtaining a building permit, and provide bidding
services for the project, as identified below.
A. Building Permit Assistance
Engineer shall provide a building envelope compliance report, mechanical compliance
report, and lighting compliance report for the project to assist the City in obtaining a
building permit. Each report shall be signed and sealed by a Texas registered
professional engineer.
B. Modification of Contract Plans and Specifications
Engineer shall make modifications to the original contract plans and specifications to
address �ity review comments dated March 9, 2007, City comments provided on Marcr
15, 2.007 and Texas Department of Licensing and F�egulation camment$ ��ted April 2,
2004. The final deliverable for this task will be one (1) full-size 24"X 36" set of drawings
on s��ia, one (1) electronic set of drawings in PDF Format on a CD-R�M, one (; )
bound set of project specifications, and one (1) electronic set of pr�jecr specifications ir�
PDF Format on CD-ROM.
C. Bidding Assistance
The City shall make copies of contract documents (plans and specifications), distribute
those documents to interested bidders and maintain the plan holder list. Engineer shall
attend and conduct a pre-bid meeting for the project and prepare meeting minutes to
document questions and responses provided. During the bidding period, Engineer shall
provide responses to the City for technical questions from interested bidders. City shall
prepare and distribute all addenda.
The scope of services does not include providing an opinion of probable construction costs or
any services during construction of the project.
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ATTACHMENT "B"
COMPENSATION AND SCHEDULE
McCart Pump Station and Ground Storage Tank —
Design Revisions and Bidding Assistance
COMPENSATION
City agrees to pay the Engineer the lump sum amount of $24,000.00. The Engineer shall be paid
monthly based on statements submitted to the City for the work accomplished during the
preceding month. Monthly invoices will show a breakdown of percent complete for each task
identified in Attachment "A" Scope of Services. The lump sum amount is prorated to scope tasks
as follows:
Task 1 Building Permit Assistance
Task 2 Modification of Contract Plans and Specifications
Task 3 Bidding Assistance
SCH��ULE
ITEM
1.
2.
3.
4.
Notice to Proceed
Finalize Plan/Spec Revisions
Advertisement for Bid
Bid Opening
DATE
April 25, 2007
May 17, 2007
May 17, 2007
June 14, 2004
$ 2,000.00
$ 16,000.00
� 6,000.00
Totai $ 24,0OO.OQ
CALEN�AR DAYS*
22 days
28 days
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