HomeMy WebLinkAboutContract 44259 ciTY SECRUARY
CONTRACT NOw
CI FORT RT" , TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT i,s between the City f Fort Worth, a Texas, home-rule
municipality (the "CITY"), and Frank W. Meal and Associates, Inc., Consulting Engineers,
authorized to do business in Texas (the "ENGINEER"), for a PROJECT generally
described as: City of Fort Worth South Side Service Center Canopy Refurbishment, Fort
Worth, Texas
Article
Scope of Services
A. Scope of Services is set forth in Attachment A.
Article 11
Compensation
A. The ENGINEER'S compensation is Q1200.00 s set forth in
Attachment A
Article III
Terms of Payment
Payments to the ENGINEER will he made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation,
including but not limited to rating the requirements, set forth in, Attachment.
to this AGREEMENT, to reasonably substantiate the its vii es.
(2) The ENGINEER ill 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 1, the final
payme nt of a n
ny ba,lace will he due within 30 days of receipt of the final
invoice.
(4) In the evert of a disputed or Contested billing, only that portion s
contested will be withheld from payment, and the undisputed portion will he
laid. The CITY HI exercise real r ahlene,ss in contesting any hill or
RECEIVED MAR II 20*3 OFFIC'11AL RECORD
LOFFICIAL RECORD
CITY SECRETARY :
City of Fort Worth Sou th Side Service nter R u�urbishment,Fort Worth,(February 201 P e i of 16
"rank W'.Neal and Assoc.,Inc.,Consulting Engineers
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,1 after giving 7 days'wn"ften notice to C,ITY, suspend services under this
AGREEMENT until paid 'in full. 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 in Attachment B.
A., General
The ENGINEER will serve as the CITY'S professional engineering;
All Op 9
representafive under this Agreement, providing proTessional engineenng
I
c an
onsultation d 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
40
professional eng�i,neers or consultants performing the same or similar
services,at the time such services are performed.
C. Slui bs,u ace 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 othermse
specified in Attachment A.
(2)
In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly
between successive test points and sam le 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
City of Fort Worth South Side Semice Center Refurbishiment,Fort Worth(February 2012) Page 2 of 16
Frank W.Neal and Assoc.,Inc.,Consul no Engineers
occur that could affect the total PROJECT' cost, and execution.
These conditions and cost/execution effects are not the responsibility
of the ENGINEER.,
D. Preparation of Engineerjlng Drawings
The ENGINEER will, provide to the CITY the original drawings of'all plans in,
ink on reproducible Mylar sheets and electronic fillies i n pdf format, 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, Eng"Ineer'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 riot.,
make the ENGINEER or its personnel 'in any I 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 colmpileting all portions, of the
the Contract Documents and any
construction work in accordance; with
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 performedin a
manner indicating that the PROJECT', when completed, will be "in
accordance with the Contract Documents, nor shall anything win the Contract
Documents or the agreement between CITY and ENGINEER be construed
as requiring ENGINEER to make exhaustive or continuous n--site
inspections, to discover latent, defects in the work or otherwise check the
quality or quantity of the work on the PROJECT. If the ENGINEER makes
on-site observattion(s) of a deviation from the Contract Documents,, the
ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or, equipment, is reasonably required to perform the
City of Fort Worth South Side Service Center Refurbishment,Fort Worth:(February 2012) Page 3 of '16
Frank W.Neal and Ass=,Inc,,Consulfing 5n9ineers
services sat forth in the Scope of Services,, the ENG,INEER shall be entitled
to rely upon such certification to establish gnat vials, systems or equipment
and performance criteria to be required in the Contract D cum:ents.
F. Opinions of Probable Cost, Financial Cons'Ide rations, 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
pr actions, 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, quality 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 w*Il not vary from the
ENGINEER'S opinions, analyses, projections, or estimates.
I
G. Construction, Progress Payments,
Recommendations by the ENGINEER to the CITY for pe dodic construction
progress payments to the construction contractor will be based on the
ENGINEERS knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recornmendations 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 gill 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 as passed to the CITY
free and clear of liens, claims, securityinterests, or encumbrances- or that
there are not other matters at issue between the CITY and the construction
contractor that affect the amount that should be paid,
H, Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always
represent ,the exact location, type of various components, or exact manner
City of Fort Worth South Side Service Center Refurbishment,Fort Worth(February 2012) Page 4 of 16
Frank W.1e and Assoc.,Inc.,Consulting Engineers
in which the PROJECT was finally constructed., The! ENGINEER is not
responsible for any errors or ornissions in the 'Information 'from others that is
Inc orporated into the record drawings.
11 Minority and, Woman business Enterprise (MIWBE) Participation
This, paragraph is not applicable for this project.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5)
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 subcontractor
agreements hereunder a provision to the effect that the subcontractor
agrees, that the CITY shall, until the expi I ration of five, (5) 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 subcontractor, involving transactions to the subcontract,
and further, that the CITY shall have access during noire working hours to
all subcontractor facilities, and sha,ll be provided adequate and appropriate
work space, in order to conduct audits in compriance with the provisions of
this article together with subsection (3) hereof. CITY shall give
subcontractor reasonable advance notice of"Intended audits.
(3) ENGINEER and subcontractor agree to photocopy such documents
as may be requested by the CITY. The CITY agrees to relimburse
ENGINEER for the cost of copies at the rate published in the Texas
# 's
Administrat in Code n effect as of the time copying i,s performed.
K. Insurance
City of Fort Worth South Side Service Center Refurbishment,Fort Worth(February 2012) Page s of is
Frank W.Neal and Assoc.,Inc.,Consulting EngIneers
lb
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial umbrella
insurance with a limit of not less than $1 0001,000.010 per each occurrence
w"th a $2,000,000.010 aggregate. If such Commercial General Liability
insurance contains a general aggregate limit,, it shall apply s,elparatelly to thils
PROJECT or location.
i. The CITY shall be included as an insured under the CAL, using
(SO additional insured endorsement or a substitute, providing
equivalent coverage, and under the commercial umbrella, if any.
This insurance shall apply as primary insurance with respect to,
any other 'insurance or self-insurance programs afforded to the
C,ITY. The Commercial General Liabil'ity insurance policy shall
have no exclusions, by endorsements that would alter or nulli
fy,
premises/operations, products/completed operations, contractual,
plerso:nal injury, or advertizing injury, which are normally
contained within the policy, unless the CITY approves such
exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
]']'ability or commercia,l umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto - the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1 000,000 each accident. Such insurance shall cover
ft
liability arising out of zt any auto i I, including owned; hired, and noin-owneld
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned 'i's
acceptable,,
i ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability
or commercial umbrella liability insurance obtained by
ENGINEER pursuant to this agreement or under any applicable
auto physical damage coverage.
c. Workers' Compensation - ENGINEER shall maintain workers
compensation and employers liability insurance and,, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,00,0.00 each accident for bodilly injury by accident or $1100,000.00,
City of Fort Worth South Side Service Center Reftirb1shm ant,Fort Worth(February 2,0 12) Page 6 Of 16
Frank W.Need and A,ssoc.,Inc.,Consulting!Engineers
each employee for bodily injury by disease,, with $,500,,000.00 policy
limit.
1 0 1, ENGINEER waives all rights against the CITY and its agents,,
officers, directors and employees for recovery ofidarags to, the
extent these damages are covered by workers, compensation and
employers liability or commercii I a) umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy,: with a minimum of $1 000,00 ,0 per
claim and aggregate. The policy shall contain a retroactive date, prior to
the date of the, contract or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5
years following the completion of the contract. An annual certiflicate of
insurance speciffically referencing, this project shall be subirnftted to, the
CITY for each year following completion of the contract.
(2), GENERAL INSURANCE REQUIREMENTS
a. Certificates, of 'insurance evidencing that the ENGINEER has obtained
all required 'insurance shall: be delivered to the CITY prior to ENGINEER
proceeding with the.PIROJECT.
b. Applicable poilicies shall be endorsed to, name the CITY an Additional
Insured thereon, as, its 'interests may appear. The term CITY shall
III
include, its employees, officers,, offi'cials, agents, and volunteers as
respects the contracted services.
c,. Certificate(s) of insurance shall document that 'insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to request required 'insurance
documentation shall not constitute a waiver of the 'insurance
requirements.
e. A minimum, of thirty (30), days notice of cancellation, or niaterial 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 the respective Department Director by name), City of Fort
Worth, 1000 Thro,ckmortoin, Fort Worth, Texas 76102.
f. Insurers for all policies, must be authon"zed to do business in the State of
Texas and have a minimum rating of A.-IV or greater, in the current A.M.,
City of Fort Worth South Side SefAce Center Refurbishment,Fort Worth(February 2�01'2:1) Page 7 of 3.6
Frank W.Neat and Assoc..Inc.,Consulting Engineers
Best, Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self 'insured retention in excess of $25,000.00 'that
would change or alter the requirements herein: is subject to approval by
the CITY in writing, if coverage 41s, not provided on a fimt-dollar basis. The
CITYv at it solle discretion, may consent to alternafive coverage
maintained through insurance pools, or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.,
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i, The CITY shall be entitled, upon its 'request and without incurring
11
expense, to.rv,-,-review the ENGINEER S, insurance policies 'Including
endorsements thereto and, at the CITY'S discretion'; the ENGINEER
may be requ i
insurance ired to, provide proof of insunce premum payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
clainis-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement., 'The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages,, whether written on an occurrence or claims-made basis,
shall be maintained without interruption, nor restOctive modification or
changes, from date, of commencement of the PROJECT until final
payment and termination of any c rage required to be maintained
after final payments,.
I. The CITY shall not be responsible for the direct payment of any
insurance prerniurns required by this agreement.
m. Subcontractors to/olf the ENGINEER shall be required by the
ENGINEER to, mal*nta'ln the same or reasonably equivalent inSUrance
coverage as required for the ENGINEER. When sub subcontractors
maintain 'insurance coverage, ENGINEER shall provide CITY with
documentation thereof on a certificate of insurance.
L. Independent Engineer
The ENGINEER agrees to perform all services as an independent
ENGINEER and not as a subcontractor, agent, or employee of the CITY,
City of Fort Worth South Side Service Center Refurbishment,Fort Worth(February 20112) Page 8 of is
Frank W.Nil end Assoc.,Inc.,Consulting Engineers
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 pays ent 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 CITY
may request the ENGINEER to assist 'in obtaining the services of a
qualified subcontractor to manage the re mediation activities of the
PROJECT.
O,. Permitting Authorities- Design Changes,
,
If permitting authorities require design changes so as to comply with
published design criteda 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 aft er 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 all
amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment A to this AGREEMENT.
Article V
Obligations of the City
Tift
Amendments to Article V, if any, are included in Attachment t�.
I
City offort Worth South Side Service Center Refurbishment,Fact worth(February,2012) page,9 Of 16
Frank W.Neal and Assoc.,Inc.,Consulting Engineers
-MlFurnished Data
A. k;lry
ENGINEER may rely upon the accuracy, timeliness, and completeness of
t a
theinformation proviaed by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required
for the ENGINEER'S performance of its services. The CITY will perform, at
no cost to the: ENGINEER, such tests of equipment,, machinery,, Pipelines,
and other components of the 4 I YS facilities as may be required in
connection with the ENGINEER'S services. The CITY will be responsible for
all acts oif the CITYS personnel.
C, Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope, of' Services, the CITY will obtain,
censes
l
arrange, and pay for all advertisements for bids, permits and I ii
required by local, state, or federal l authorities; and land, easements, nights-
of-way, and access necessary for the ENGINE R'S services or PROJECT
construction.
Doi 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 prepared in accordance with 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 or
timing of the ENGINEERS services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances, Release.:
(1) CITY acknowledges, ENGINEER will perform, part of the work at
CITY'S facilities that may contain hazardous materials,,.including asbestos:
containing materials, or conditions, and that ENGINEER had no pdor role
in I n the generation, treatment, storage,, or disposition olf' such ma ter"alls. In
City of Fort Worth South Side Service Center Refurbishment Fort worth(February 2012) page 10 of 16
Frank W.Neal and Assoc.,inc.,Consulting Engineers
cons i deratioln of the associated risks, that may give rise, to claims, by "third
parties or employees of City, City hereby releases ENGINEER from any
damage or,liability related to the presence of such materials.
(2 The 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 ENGINEER brings
such hazardous substance,, contaminant or asbestos onto the project.
G, Contractor Indemnification. and Claims
The CITY agrees to include in all construction contracts the provisions, of
Article W.E., regarding the ENGINEER'S Personnel, at Construction Site,
and provisions providing, contractor, indemnification of the CITY and the
ENGINEER for contractors negligence.
H. Contraclitor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following, clause in all contracts with
construction contractors and equipment or maten"als, suppliers.",
'i'Contractors, subcontractors and equipment and materials
suppliers on the RO
PROJECT o,r 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 CI Y' 'Include in each, agreement, it enters into with any other
entity or person regarding the PROJECT a provision that such, entity or
Pierson 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 dight,the CITY has to bring, a claim against ENGINEER.
1. 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 vallue of the PROJECT. The CITY may
City of Fort Woirth South Side Siervice Center Refurbishment,Fort Worth(February 2012) Page ii of 16
Frank W.Meal and Assoc.,Inc.,Consulting Engineers
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. Ultigafiwon Assinstance,
The Scope of Sermices, does, not include costs of the ENGINEER for
required or requested assistance to support, prepare,, doc,ume�nt, 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 i! 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 V1
General Legal Provisions
Amendments to Arti+ le W if any, are i�ncluded in Attachment B.
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, dodium eats, and other work products
of the ENGINEER,1 whether in hard copy or in electronic form, are
instruments of service for this PROJECT, whether the PROJECT is
completed or not. Reusel 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 CITY shall own the final designs, drawings, specifications and
documents.,
City of Fort Worth South 81de Service Center Refurbishment,Fort Worth(Febru,M 2012) Page'12, of 16
Frank W.Neal and Assoc.,Inc.,ConsuftIng Engineers
Cal 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 that prevent ENGINEER's performance of its
obligations hereundier.
D, Termination
(1) This AGREEMENT may be terminated only by thie City for
convenience on 3iO 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 in 5 days of written
notice and diligently complete the correction:thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City,
the ENGINEER will be paid, for termination expenses, as follows:
a.) Cost of reproduction of partial or complete studies, pilansi,
spec i
"fications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing 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 of the CITY'S termination
for convenience so that the work effort is suitable for long, time
storage,
(3) Pnor to proceeding with termination services, the ENGINEER Will
submit to the CITY an itemized statement of all termination expenses.1 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 equftable adjustment in the PROJECTS schedule,
commitment and c st of the ENGINEER'S personnel and subcontractors,
and ENGINEERS compensation will be made.,
F, Indemn"Ification
In accordance with Texas: Local' Government Code Section 271.904, the
City olf Fort Worth,South Side Service Center Refurbishment,Fort Worth(February 2012) Page 13 of 16
Frank W.,Neat and Assoc.,Inc,,Consulting Englneers
mm
ENGINEER shall indemnify, hold harmless, and' defend the CITY against
liability for any damage caused by or resulting frorri an act of negligence,,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER'S
agent, consultant under contract, or another entity over which the
ENGINEER exercises control.
G. Ass,ignment
Neither party sh,all assign all, or any part of this, AGREEMENT without the
prior written consent,of the other party•,
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 can the CITY and the ENGINEER,
and their officers, employees, agents, and subcontractors.
is
1. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and' performance, and any other clailms reil�ated to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant
County, Texas.
is Severabilmity and SurvIvall
If any of the provisions coiniatne!d 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 F.,
VI.H., and VI.I. shall survive termination of'this AGREEMIE1'" T for any cause.
K, Observe and Comply
ENGINEER all at all times observe and comply with all federal and to
laws, and regulations, and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having,jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
City of Fort Worth South Side Service Center Refurbishment.Fort Worth(February 2012) Page 14 of 16
Franik W.Neal a!nid'A,ssoc.,Inic.,ConsuilUng Engineers
thereof shall be consi'diered., ENGINEER agrees, to, defend, indemnify and
hold harmless, CJTY 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, o Dreg ulation, whether it be by itself or its employees.
Article Vill
Attachments,, Schedules, and Signatures
This AGREEMENT, including fts attachments and schedules, constitutes the entire
AGREEMENT, supersedes ail prior Witten or oral' understandings, and may only be
changed by a written amendment executed by both parties. mrhe following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A-Scope of Services, Compensation, and Schedule
Attachment 8 -Amendments to Standard Agreement for Engineerl Services
Executed and effecti've this the l�,4t_%Iday of 20 _i.
ENGINEER,:, CITY OF' FOR,T WORTH:
No Wool
...............
By.
B fol
Frank W. Neal,, PE Fernando Costa
Pn'*ncipal Male an City Manager
APPROVED AS TO FORM AND LEGALITY:, APPROVAL RECOMMENDED:
0 elo
INS,
YO
B By
Douglas W., Black f.�r-6 Diouglas�W Wilersig, PE
Assistant City Attorney DDirecto Transportation and
Public Works Department
MSC No.: &C Not Reguilred ATTEST:,
M&C Date.-
0R*
By:
1401ft
Mary J.Ka Wv
y
City Secretary
OFFICIAL RECORD
Jl
OFFICIA' 'D
aw SECRETARY
e C
oc
t�j� Ir
vt
City of F rt 1
r It 1"e C ter Refurbishment,Fort Worth(Februain/2012)
al 1
Frank W. le[L de., nc,,doAsulUng En Ineers
ATTACHMENT A, SCOPE OF SERVICES, COMPENSATION, SCHEDULE
Refer to the attached Frank W. Ideal and Assoc., Inc., Consulting Engineers, letter
dated October 4, 2012, subject- City Fort Worth South Side Service Center Canopy
Refurbishment. If any conflict arises between the Attach m ents/Exh ib its and the
Agreement, the terms of the Agreement sha,ll control.
ATTACHMENT B - AMENDMENTS TO AGREEMENT
Article IV, Sec. K. Subsection (2) GENERAL INSURANCE REQUIREMENTS,
paragraph g. The City acknowledges that the deductible for Frank W. Neal and Assoc,.,
Inc. is revised to ,$50,000.00.
A
City of Fort Worth South Side Service center Refurbishment,Fort Worth(February 2012), Page 16 of 16
Frank W.Neal and Assoc.,Inc.,ConsAng Engineers
*'ZZ
�w
and Assoc., Inc.
eal
'Consulting E nag nee s
a.
Project Proposal Form
Date". October , 2012 F ro m�: Bryan ur cn
Client.-� f Fort Worth Aftno Ronald Clemcnts,AM
Project: of rt Wurth So uth Side S� rvlc Center C y Ret"ur "shore t
Description f'Services Provided.
I Schematic sign 7. Review of Plan by Others
2. El Design Development 8. Foundation Only
3. Construction Documents �, superstructure only
4. Shop Drawing Review 10. 0 Renovation
5. Construction Review- burly 11. Z, Investigation & Report
6. Engineering Only, client to Draw
Project Description
See Attached
Feel. $6,200
Copy to: Ronald Clements,AIA
E-Iii
Accepted by Note: Based upon acceptance of this
proposal and when authorization to
proceed is given, a contract sell
Ili be forwarded to the Client. After
Contract has been signed,, work
Signature
1015 W. Broadway Fax 81' 336-8620
Fort Worth,Texas 76104 na-eng.com
f 332-1944 TX. Firm Reg,. No. F000296
0 0 9 i 0 a 1 0 -- I III, & I IIIL!jl a bV;l V I I w I I ULLZJ
4p dr 0
40
go do 06
dr
lie
Fail
—i -Z
...........
If
0 J�
1.
77
L]10
cz: r
a,n'X
r.
NA
v YA ell M rw- *4:
4
w.
............
yr
w