HomeMy WebLinkAboutContract 28374.
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�!�'Y ��G��'iA�� - .,, � r � .
CIT'Y OF FOFtT l�O�tTH, Y�XAS ������CT f�. -� �-•,�
ST�,NDARD AGR��R��N� FOR �N�1N��RING SERVICES
This AGREEMENT is between the City of Fort Wort� (tk�e "CITY") and Turner Collie & Braden
Inc. (the "ENGINEER"), for a PR�.lECT generally described as "MisceAaneous Subclra'tn
lmprovements°.
Article I
Scope of 5erv�ces
A. The Scope of Se�ices is set farth i� Attachment A.
A�#icle [I
Carnpensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article I{I
ie�ms of Payment
Payments to the ENGINE�R will be made as fallows:
A. Invoice and Payme�t
(1) The Engir�eer shall provide the City sufficient documentation to
reasanably substant�ate the ir��oices.
(2) Manthly invoices will be issued by the ENGINEER for all work perfarmed
underthis AGREEMENT. Invoices are due and payable within 3U days of
r�ceipt.
(3) Upon compl�tion of services entamerated in Article l, the final payment of
any ba�l�r.�e �•_iii w� dus,.R:,!;;n '�n da•« �� re^�ipt cF ±}�� f::l�^I InVC`IC?,
{4) In the event of a disputed or contested billing, onfy that portion so
contested will be withheld from payment, and the undis�u#ed portion wiil
b� paid. Th� City will exercise reasonabieness iri contesting any bill ar
portion thereof. Na interest will accrue an any contested porkion of the
bjl[ing until mutually resolved.
(5} If the ClTY fails t❑ mak� payment in full to ENGINEER for billings
contested in good faith within 60 days of the amount due, ihe ENGINE�R
may, after giving seven (7 days) wriiten 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
defays or dama�es caused the CITY because of such suspension of
services.
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Article IV
Qbliga�ions of fhe �ngi�eer
Amendments to Article IV, if any, are inc[uded in Attacl�r�nent C.
A. Cene�al
The ENGINEER wilf serve as the CITY's professional engineering represen#ative
under this Agreement, providEng professianal engineering consultatio� ar�d
advice and furnishing customary services incidental thereto.
�. S#andar�cf of Care
The standard of care applicable fio the ENGINEER's services will be the degree
ofi skill and diGgence normally employed in' the State of.Texas by professional
engineers or consultants performing the same or similar serr�ices at the time
such services are performed.
C. SubsuPface ln�estigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borin�s, ar o#her
subs�rface in�es#igations in canr�eckion wi�h design and engineering work
to be performed here�ander The ENGINEER shal! also advise the CITY
concerning the results af same. Such surveys, #ests, a�d investEgatEans
shall be fur�ished by the CETY, unless atherwise specified in Attac�ment
A�
(2} in soils, foundation, groundwater, and otner subsurface investigations,
the act�al characteristics may vary significantly betw�en successi�e test
points an� sample intervals and at locatians other than where
observa#ions, exploration, a�d investigations have been made. Because
af the inherent �ncertainties in subsurface eval�ations, changed or
unanticipated und�rground conditions may occur that could affect the
tot�l PROJECT cost andlor exec�ition. These co�rditions and
costlexecution effects are not the re�ponsibifity of the �NG�N�.�k.
D, F�reparatia� of �ngineering Drawings
The ENGfNEER will provide to the CfTY the original drawings o# all plans in irtk on
reproducible plastic film sheets, or as oth�rwise appraved by C1TY, which shall
become the prop�rty of the CITY. CITY may use such drawings in any mar�ner it
de�ires; {�rovided, howe�er, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT descri�ed herein.
�. �ngineers Personnel at Construction Site
(1) The presence or duti�s af th� EIVGINEER's personnel at a constructian
51t�, w�eth�r as on-site representatives or otherwise, do not make th�
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ENGINEER or its persannel in any way responsible for those duties that
�elo�g to the CITY andlor the CfTY's construction contractors ar other
entities, and do not relieve th� construction contractars or any ather entity
af their obligakions, duties, and r�sponsibiliti�s, inclu�ing, but not limited fa,
afl construction methods, m�ans, techniques, sequences, and procedures
nec�ssary for coordinating and completing afl pQr�ions o� the construetian
work in Except ta the extent of specifiic site visits expressly c�etailed and set
fortf� in Aitachment A, the accordance with the Contract Documents and
any healtf� ar safety precautions required by such construcfion work The
ENGINEER and its personnel have no authority to exercise any control
over any construction contractor or ather entity or their employees �n
connection with their worl� ar any healih ar safety precautions.
(2} ENGINEER or its p�rsor�nel shall have no obligation or responsibility to
visit thE construciion site to become familiar with tF�e pragress or quality
of the campleted work an the PROJECT or to determine, in general, if the
work on the F'R4JECT �s being perFormed in a manner indicating that the
PR�JECT, when compl�t�d, wiil be in accordance with the Contract
Documents, nor shall anything in the Contract Documents ar the
agreement between CITY and ENGINEER be construed as rec�uiring
ENG�NEER to make exhaustive ar cont�nuous on-site inspections to
discover latent d�fects in the work or otherwise check the quality or
quantity o� the work on the PROJECT. If, for any reason, the ENGINEER
should make an on-site abservatian{s), on the basis of such on-si�e
obs�rvations, if any, the EIVGINE�R s�a�l endeavor to keep the CITY
informed �f any deviatian from the Contract Documents coming to the
actual notice of ENGINEER regarding tf�e PR�JECT.
(3) When professional certification of perforrnance or characteristics of
materials, systems oe equipment is reasonably required to pe�Form #Y�e
services set forth in the Scope of Services, the ENGINEER shall be
entitled to rely upon such certificatian to establish materials, systems or
equipment anr� perFormance criteria to be required in the Contract
Docume�ts.
�'. Qpinions of Probable t.',ost, Financial Considerations, and Schedules
(1) The ENG�NEER shall provide Qpinions of probable costs based on #he
current available information a� the time ofi prepara�ion, in accordance
wit� Attachment A.
(2) In providing opinians af cost, financial analyses, economic feasibility
prajectior�s, and schedules for the PRQJECT, the ENGINEER has no
control aver cost or price of labor and materials; unknown or latent
conditians o� existing equipme�t or structures that may affect operation ar
maintenance casts; competitive bidding procedures and market
canditions; time. ar qualify of performance by third parties; quality, typ�,
management, or direction of operating personnel; and ather econamic
and aperational factors that may materially affecf the ultima�e PROJECT
cost or schedule. Therefiare, the ENGINEER makes no warranty #hat the
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CITY's actual PROJECT casts, f�nancial aspects, economtc �easibifity, or
schedules will not vary from the ENGINEER's o�inions, analyses,
projections, ar estimates.
C. Construc#ion Progress �ayments
Recommendations by the ENGINEER to the CITY far periodic construction
pragress payments to the consiruction cantractor wi11 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 re�resent that continuous or dstailed examinatians
have been made by the ENGINEER to ascertain that the eonstructian cor�tractor
has campleted the wark in exact accordance with the Contract Documer�ts; that
thE fina! work will be acceptable in all respects; that the �NGINEER has made
an exam�nation to ascertairt how or far what purpose fhe construction contractor
has used the moneys paid; that title to any of the work, mat�rials, or equipme�t
has passed to the CITY free and clear of liens, claims, secur'ity interests, or
encumbrances; or that there are not other matters a� issue between the C1TY
and the construction contractor that affect tne amaunt that should be paid.
N. Recorrd �r�awings
Record drawings, if required, will be prepared, in part, on the basis of informaiian
compifed and furnished by others, and may not always represent th� �xact
location, type of various components, or exact manner in which the PROJECT
was finaily constructed. Th� ENGINEER is not responsible for any errors or
omissions in the in�ormation from others that is incorporated inta the reeord
drawings.
E. Minority and Woman �usirtess �r�te�prise (1�A11�l��) par�icipatian
Ir� accord with City of Fort Wor#h Ordinance No. 11923, the City has goals for the
participation of minority i�usiness enterprises and woman business enterprises'in
City cantracts. Engine�r acknowledges the MIWBE goal established for this
contract and its eommitment to meet that goal. Any misrepresentation of facts
(other than a negligent misrepr��eni�tion} andlor #he commission of fraud by thte
�ngineer may result in the termination �f this agreement �nd debarmen� fram
participating in City contracts for a period of time of not less than three {3) years.
J. Right to Audii
(1) �NGINEER agrees that the CITY shall, until the expiration of #hree (3}
years after final payment under this contract, hav� access fo and the right
to examine and photoco�y any directly pertiner�t hooks, documents,
papers and records of the ENGINEER involving transactians relat'rng to
this contract ENGINEER agrees that the CITY shal� have access during
normal working haurs to all necessary ENGINE�R facilities and shall be
provided adequate and appropriate work space in order to conduct audits
in compliance with the �rovisions of this sectian. The C1TY s�all give
ENGINEER reasonabfe advance notice of intended audits.
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(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provisian to the effect that the subconsultant agrees that the
CITY sha�l, until the expiration of three (3) years after final payment under
the subcantract, have access io and the right ta examine and photocopy
any directly pertinent books, dacuments, papers and records of such
subconsuftant, invo{ving transactians to the subcor�tract, and further, that
tha CITY shall have aceess during norma! warking hours to ali
subconsultant facilifies, and shall be pra�ided adequate and appropriate
work space, in arder to conc�uct audits in compliance with the pro�isions
of th�s article together wit� subsection (3)hereof. CITY shall give
subconsultant reasanable ad�ance noiice of intended audits.
(3} ENGINEER and subconsultant ag�-ee to photo copy sucl� documents as
may be requested by the CITY. The CkTY agrees to reirriburse
ENGINEER for the cost af copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed.
K. EN�IN�ER"s lnsurance
(1} Insuranc� coverage and limits:
ENGINEER shail provide ta the City certificate(s) of insurance
documenting policies af the following cov�rage at minimum limits which
are to be in effect prior to commencement of work on the PR�JECT:
Cornmercial General Liability
$1,OOQ,000 each occurr�nce.
$1,OOQ,000 aggregate
Automobile L.iability
$1,OQ0,000 each accident (or reasonabiy equi�alent limits of ca�erage if
written an a split limits bas9s). Coverage shall be on any �ehicle used in
the course of t�e PR�JECT.
Workers Compensation-
Coveeage A: statutory lir�ti�5
Coverage B: $900,Oa0 each accident
$54�,0�0 disease - poficy limit
$140,000 disease - each employee
Profess�o�al Liability
$1,000,000 each claimlannual aggregate
(2) Cer�ificates of insurance e�icfencing that the ENGINEER has o�tained all
required insurance shall be deli�ered to the CITY prior to ENGINEER
praceeding with the PROJECT.
(a} Ap�licable policies shall �� endorsed to name the CITY an
Additional lnsured thereor�, as Its interests may appear. The term
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CITY shall include its emplayees, afficers, officials, agents, anci
volunteers as respects the cantracted services.
(b} Certificate(s) of insurance shall document that insurance
coverages specified according ta items sec#io� K(1) and K.(2) of
this agreement are provided under applicable policies
dacumented ther�on.
(c) Any failure on part of the CITY to request required insurance
documeniation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty {30) days notice of cancel[ation, non-renewal
or material change in coverage shal! be provided io the CITY. A
ten (10} days natice shali be acceptable in the event of non-
payment af premium. 5uc� terms shall be endorsed onto
ENGINEER's insurance policies. Not�ce shall be sent to the
respective Departmenf Director (by name}, City af Fort Worfh,
1000 Throckrnarton, Fort Worth, Texas 76102.
(e) Insurers far all poiicies must be authorized to do business in the
state of Texas ar be otherwise approved by ihe CITY; and, such
insure�s shall be acceptable to the C1TY in tarms of their financial
strength and solvency.
{f� Deductible limits, or self insured retentions, affecting insurance
required herein may be acceptable to the CITY at its so�e
discretion; and, in lieu of traditional insurance, any alternative
coverage maintained through ,insurance pools or risk retention
groups must be also appraved. Dedicated financial resources or
letters of cr�dit r�ay also be acceptable to the City.
(g) Applicable palicies shall each be endorsed with a waiver of
subrogation in favor of fhe CITY as respects the PROJECT.
{h) The City shall be entitled, upon its request and withaut inc�rring
expense, to re�iew th� �h1�11�EEF�`s irt�urance �olicies inciurlir��
�ndorsements thereta and, at the CITY's discretion, the
ENGINEER may be required to pravi�e praof of insurance
premium payments.
(i} The Comm�rcial G�neral Liability insurance policy shall have no
exclusians by endorsements t�nless s�ch are approved by the
citY-
(j) The PrQfessional Liabifity insurance policy, if writfen on a claims
made basis shall be maintainecf by the ENG[NEER for a minimum
two' (2) year period subsequent ta the term of the respective
PROJECT contract with the CITY .un�ess such co�erage is
pravided the ENGINEER on an occurrer�ce basis.
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{!c} The CITY shall not be respnnsi�ie for the direct payment of any
insurance premiums required by this agreement lt is understood
that insurance cnst is an allowable componen# of ENGIN�ER's
overhead. .
(I) All insurance required ir� section K, �xcept for the Pro#essional
Liability insurance policy, shall be written on an occurrenc� basis
in order to be appraved by the CiTY
(m) Subcansul#ants to the. ENGINEER shall be required by the
ENGINEER to main�ain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
insurance coverage is maintained by subconsul�a�ts, ENGINE�R
shall provide CITY with docurnentatian th�reof on a certificate af
insurance. Notwit�standing anything to the contrary eontained
her�in, in the event a subconsultants insurance coverage is
canceled ar terminated, such cance�lation or termination shall not
constitute a breach by ENGINEER of th� AgrE�ment
L. Independen4 Consultanfi
The ENGINEER agrees to perform all ser�ices a� an independent consultant
and not as a subcontractar, agent, or employee of the CITY.
il�. Disclos�ure
The ENGINE�R ac�nowledges to the CITY that it has made full diselosure in
writing o� any existing conflicts of inteTest or potential canflicts af interest,
including personal financial ir�tet'est, direct or indirect, in proper#y abutfing #he
proposed PROJECT and busEness r�lationships with abutting pro�erty cities. The
ENGINEER further acknowledges that it will make disclosure in writ[ng of any
confiicts of interest which clevelap s�bse�uent ta the signing of this cantract, and
prior ta final payment under the contract.
i�. Asbe�#os or Hazardaus Subst�nces
(1 } If asbestos or hazardous substances in any farm are encountered or
suspecte�, the ENGINEER will stap its own wark in the affected partions
of the PROJEGT to permit testing and e�a�uation.
(2) lf asbestos or other hazardous substances are suspected, the
ENGINEER wiil, if requested, assist the CITY in ob#aining the services of
a qualified s�bcontractor to manage t�e remediation activities af the
PROJECT.
Q. �'e�mitting Aufchorities - �esign Changes
If permitting authorities require design changes so as to comply with published
design .criteria andlor current engineering practice standards which the executeci,
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the ENGINEER shalV revise plans and specifjcations, as required, at its own cost
and expense. However, if design changes are required due ta th� changes in the
permitting autY�orities' published design criteria andlor practice sta�dards crit�ria
whicn are �ublished after the date of this Agreement which th� ENGINEER could
not have been reaso�abfy aware of, the ENGINEER shall notify the CITY of such
changes and an adjustment in campensatEon will be made through an
amendment ta this AGREEMENT.
A�fiicle V
Obfigations of the City
Amendments to �rticle W, if any, a�e included in �ttachment C.
A. City-Furnished �ata
Th� CITY will malce available to the ENGINEER alf technical data in the CITY's
possession relating to the ENGINEER's services on the PRO.fECT. The
ENGINEER may rely u�aon the accuracy, timeliness, and completeness of the
information provided by the CfTY except when �erification is necessary to insure
the proper delivery of serr�ices to b� p�rformed.
�. Access fa I�acilities and F'roperty
The CITY will make its facitities accessible to ihe ENGINE�R as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINE�R for such access. The CITY wil{
perForm, at no cos# to the ENGINEER, such tests of equipment, machir�ery,
pipelines, and other components of the CITY's facilities as may be required in
connection with the ENGINEER's services. The CITY will be respansible for a!I
acts of the CITY's personr�el.
C. Ad�ertisemenfis, Permits, and Ace�ss
Unless otherwise agreed to in the 5cope af Serviees, the CITY will obtain,
arrange, an+� pay for all advertisemPnt� fior bids; �Prmits and licenses required
�y locai, state, or federal aut�orities; and land, easements, rights-of-way, and
access necessary far the ENGINEER's services or PR�JECT construction.
D. iimely Review
The CITY will examine the ENGINEER's studies, r�por�s, sk�tcl�es, drawings,
specifications, proposals, and oiher docum�nts; obtair� advic� of an attorney,
insurance counsefor, accountant, auditar, bond and financial advisors, and other
consultants as the CITY deems ap�ropriate; and render in writing decisions
require� by the CITY in a timely manner in accordance with t�e �roject schedule
in Attachment O.
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E. Prompf I�otice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becames aware of any development that affects the scope or timing
of the ENGINEER's services or af any defect in the work of the ENGINEER or.
construction contractors.
�. �sbestos or Hazardous Substances and Indemnification
(9) Ta #he maximum extent permitted by law, t�e CITY will indemnify and
release ENGINEER and its officer�, employees, and subcontractors from
all claims, damages, Iosses, and casts, including, but not limited to,
attorney's fees and litigation expenses arising out of or relat�ng to the
presence, discharge, release, or escape of hazardous substances,
contaminants, ar asbestos on or from the PRO,IECT. Nathing contained
herein s�all b� construed to r�quirE th� CITY to levy, assess or collect
any tax to fund t�is indemnificaiiah.
(2) The inclemnificatior� and release required above shall �ot apply in the
event the discharge, release or Escape of hazardot�s substances,
contaminants, or asbestas is a resuft of ENGINE�R'S n�glig�nce or if
suc1� hazardous substance, contaminant or asbestos is brought onto the
PROJECT by ENGINEER.
G. Contractnr fndemnification �nd Claims
The CITY agrees to incluc�e in all canstruction eontracts the prQvisions of Article
IV.E. regardmg the ENGINEER's Personnel at Canstruction Site, and �ro�isions
prouiding cantractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
H. Contrac�or Claims and �Ftird-Party B�ne#iciaries
{� ) The CITY agrees to include the following clause in aGl contracts with
cflnstruction eontractors and �quipment ar materials suppliers:
"Cantractors, subcontr�ctors and equipm�nt and materials �up�liers an
the F'R(�J�CT, or their sureties, shali maintain no direct action against
the ENGINEER, its officers, employees, and subcontractors, far any
claim arising out of, in connection with, or resulting from the engit�eering
sei-vices performed. Only the CITY w�ll �e the b�neficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone ather than the
CITY and th� ENGIN�ER and there are no third-pa�ty bene#iciaries.
(3} The CITY will include in each agreement it enters into with any ather
entity or person regarding the PROJECT a pro�isian that such entity or
person shall have nn third-party beneficiary rights under fh�s Agreement.
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(h) Nathing con#ained in tF�is section V.H. s�all be construed as a waiver of
any right the CfTY has to i�ring a elaim against ENGINEER.
CITY's Insurartce
(1} The CITY may maintai� praperty insurance an certain pre-existing
st�uctures associated with the PROJECT.
(2} The CITY will ensure that Builders Riskl{nstallation insurance is
maintained at th� replacement cost value of the PROJECT. The CIiY
may provide ENGINEER a copy af the policy or dacumentatian of such
an a certifiicate of insurance.
(3) The CITY wik! specify that the Bui{ders Riskllnstallatian insurance shall be
comprehensive in cov�rage appropriate to fhe PR�JEGT risks.
J. �it�ga#ian Assistance
The Scope of 5ervices does nat include costs af the ENGINEER for required or
requested assistance tn suppart, prepare, document, bring, defend, ar assist in
litigation undertaken or defended l�y the CiTY. In the event CITY r�quests such
serv�ces of the ENGINEER, this AGR�EMENT shall be amended ar a separate
agreemen# wiq be negatiated between the parties.
Ft. Changes
The CITY may make or appro�e changes within the generaE 5cope of 5ervices in
this AGREEMENT. lf such changas affect the ENGlNE�R's cost af or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT wikh apprapriate C17Y appraval.
A�ticle VI
(�eneral Legal �rovis�ons
�m��dm���s tQ A�k���� VI, i�any, are included in Atfachmen� C.
�. �uthor�ization to �roceed
ENGINE�R shall be authorized ta proceed with ti�is AGREEMENT upon receipt
of a writter� Notice to Proceed from the ClTY.
�. Reuse of Projec� �ocuments
All designs, c�rawings, specifications, dacumer�ts, and other work producfs of the
ENGINEER, whether in hard capy ar in electror�3c form, are instruments of
service fior this PROJECT, whether the PR4JECT is complet�d ar not. Reuse,
change, or alteration by the CITY or by others acting through or an behalf of the
CITY of any such instruments of service without the written permission af the
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ENGiNEER will be at the CITY's sole risk. The final designs, drawings,
specifications end documents shafl be owned by ine CITY.
C. �orce �Vajeure
The ENGIN�ER is not responsible for damages or delay in perFarmance caused
by acis of God, strikes, lockouts, accid�nts, or ofher events �eyond the control of
the ENGINEER.
9. Termination
(1 } This AGR�EMENT may be terminated anly by the City for convenisnce
ort 30 days' written notice. This AGREEMENT may be terminated by
eiti�er the CITY ar the ENGINEER for cause if either party fails
substantially to p�rtorm through no fault af the ather and does not
comrnence correctioR of such nonperformance with 5 c4ays of written
notice and c�iligently complete the carrection t�ereafter.
(2} If this AGREEM�NT is terminated for the convenience of the City, the
ENGINEER will be paici for termination expenses as follaws:
a) Cost of repraduction of partial vr comple#e studies, plans,
specifications or other farms of ENGINEER'S work product;
b} Out-of pocket �xpenses for purchasing storage containers,
microfilm, electronic data files, and ather data staraga suppiies or
services;
c) The iime requirements for the ENGINEER'S personnel to
document the work underway at the time the C1TY'S tarminativn
for convenier�ce sa that the worfc effort is suitable for long-term
storage.
{3) Prior #o proceeding wi�h termination services, the ENGINEER will submit
to the CITY an itemized statement af all termination expens�s. The
CITY'S approval will be ob#ained in writing prior to proceeding with
#erminati�n servic:e�.
�. Suspension, Delay, or Inferruption io Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the canvenj�nce of the CITY. In the e�ent of such suspensian, delay, or
interru}�tion, an et�uitable adjustment in khe PR�J�CT's sch�dule, cammitment
and cast of the ENGINEER's persQnnel and subcontractors, and ENGINEER's
compensation wi�l be made.
�. Indemnificafion
(�) The ENGINEER agrees to indemnify and defend the CITY from any lass,
cost, or expense claimed by third parties for pro��rky damage and bodi3y
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injury, inciuding death, caus�d solely by the negligence or willful
miscartduct of the ENGINEER, its employees, officers, and
subcantractars in connection with the PROJECT.
(2) lf the negligence or willful miscond�ct of both the ENGlNE�R and the
C{TY (or a person icfen#ified abave for whom each is liable) is a cause of
such damage or injury, the foss, cast, or expense shall be shared
between the ENGINEER and the C�TY in �roportion to their relative
degrees of negligence or wiliful misconduct as determined pursuant to
T.C.P. & R. Code, Secti�n 33.011 (4} (Vernan Supplement 1996).
C. Assignrr�ent
Neither party will assign all ar any part of this AGREEMENT without ihe prior
written consent af the ather par�y.
F{. Interpreiation
Limitations on liability and ind�mnities in this AGREEMENT are business
unc�erstandings between t�e parties and shail apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence,
strict or statutory lia�ility, or any other cause of action, except for willf�l
misconduct or gross negligence for limitatians of liability and sale negligence for
inc�emnification. Parties mear�s the CITY and the ENGINEER, and their officers,
emplayees, agents, and su�contractors.
I. .iurisdiction
The 1aw of the State oi Texas shall gavern the validity of ihis AGREEMENT, its
interpretation and performa�ce, and any other claims relatet{ to it- The �enue for
any litiga#ior� related io this AGREEMENT shall be Tarrant Caunty, Texas.
J. Alternate �ispute Resolution
(1) All claims, disputes, and other matters in question between the ClTY and
ENGWEER arisi�g �«t o�, or in connectian with this Agreement or the
�RUJ�L"f , or any breach of any obligatian or duty of CIT``Y or E1��IN��R �
hereunder, will be submitted to m�diation. If inediation is unsuccessful,
the claim, dispute or other rnatter in question shall be submittet� ta
arbitration if bokh parties acting reasonably �gree that fhe amount of fhe
dispute is likely to be less than $50,OOD, exclusi�e af attorney`s fees,
costs and expenses. Arbitratian shal! be in accordance with th�
Gonstruction Industry Arbitration Rul�s ' of th$ American Arbitration
Association or other applicable rules ofi the Assoc�atioh then in effect Any
awa�d randered by the arbitrators less than $50,000, exclusive of
attorney's fees, costs and expenses, will �e fnal, judgment may be
entered th�rean in any court having jurisdiction, and wi11 not be sub�ect to
appeal or modification except to the extent permitted by Sections 10 and
11 of the Federal Arbitratian Act (9 U.S.C. 5eetions 10 a�d 11).
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(2) Any award greater tY�an $50,aoa, exclusive �f attorney`s fees, cosfs and
ex�enses, may be litigated by either �aarty on a de no�a basis, The award
shall become final ninety (94} days from #he daie same is iss�ed. kf
litigation is filad by either party within said ninety (90) day period, the
award shall become �ual and �oid and shall not be us�d by �ithe� party for
any purpose ir� th� lttigation.
K. 5e�er�ahility and Survi�aE
If any of t�e provisians contained in this AGREEMENT are held for any reason to
be ir�vaiid, illegal, ar unenforceable in any resp�ct, such invalidity, illegality, ar
unenforceability will not affect any at�er provision, and this AGREEMENT shall
be construed as if such in�alid, ill�gaE, or unenforceable provision had never
been contained herein. Art�cies V.F:, V�.B., VI.D., VI,H., VI.I., and Vi..�. shall
survive termination af this AGR�EMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observ� and camply with all federa! and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the wark hereunder, and shall observe and camply
with all orders, laws ordinances artd regufations which may exist or may be
enaeted later by governing badies having jurisdiction or authnrity for such
enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees ta defiend, indemnify and F�old harmless C1TY
and a�l of its officers, agents anc� employees from and against all claims or
liability arising out of the viafation of any such ord�r, law, ordinance, or
regulation, whether it b� by itself or its ernployees.
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A�icle Vlf
At�achments, 5chedules, and Signatures
This AGR��MENT, including its attachments and schedules, constitutes the entire
AGRE�MENT, supersedes a[I prior written or oral understandings, and may only be changed i�y
a written amendment �xecuted by both parties. Th� following attachments and sched��es are
hereby made a part of this AGREEMENT:
Attachment A- Scape of Services
Attachment B - Compensation
Attachment C- Amendments to Stancfard Agreement for Engineering Se�vic�s
ATTEST:
,�
,-
C�loria P�:arson
City Secretary
r r1 t . � - . >�,���
�:ontract A�a�hca�si��tion
D�te
CITY �F FORT WORTH
�
By:
Marc #t
Assisiant City Manager
APPROVED:
r�
Rob� . Goode, P.E. � ���
Direc#or, Transportation and Pu�lic 11Vorks
Department
APPROVED A5 TD FORM AND I.�GA�.ITY
�
Ass'is�ant City ttarney�
TURN�R COLL�E & BRADEN lNC.:
By: �
St�phen R. James, P.E.
Principal
I
h
�
f
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A����i"���h�� ���»
General Scope ofi �ervices
Tumer Collie & Braden will prepare consfruction documents and prepare an opinion of
probahEe construction cost to instafl pavement u�derdrain andlor repair pavement at the
following three {ocations:
� 5�25 Canvon Lands Dri�e — The pa�emeni a# this location has severe cracks that
have been previausly re-sealed with hot poured jaint sealer. The driveway apro� has
se#tled at the gutter line.
� 5100 Dew Drop Court - This site i�as cantinuous flow from the hillside behind 5100
Dew Drop Court, near the exisfing Fire Station. The alley behind the hauses an t�te
north side of Dew Dro� is pumping neavily thru several pavement joints.
� 40Q0 Inwood - This site has nuisar�ce flow from existing curb drains. Subdrains are
recommended to eliminate t�e problem and prevent future pavement darrEage.
Basic Services
A. R�view and compile avai[able data on the existing streets ancf drainage system
serv�ng the areas iisted abo�e.
B. PerForm site investigations and prepare sketc�es of existing condi�ions in the
vic�nity of the proposed impro�ements.
C. Using the informa#ion coflected in Tas�Cs A and B, prepare construction drawings,
5pecial Contract Dac�ments, and opinion of probable constructi�n cost for the
installation of pa�emenf subdrain.
II. Meetings and Deli�erables
A. Kick-�ff Meeting — E�gineer will prepare for ane� attend one ('t) Kick-�ff
meeting with �I�e City for the s#udy.
B. Prefiminary Review M�eting — Within 45 working days after execution of
contract, Engineer wilE submif preliminary plans and attend a Prefiminary
Review Meeting.
C. Final Re�iew Meeting — Within 14 wo��ting days after preliminary review
meetir�g, Engin��r will prepare finaf plans and attend a Final Re�iew Meeting.
11/28/2002 � 14
D. Fir�al Plans -- Within 5 working days after fiinal r�view meeting, Engineer wi�
submit five (5) copies of Final Cor�s#ruction Documents with all re�isions
included.
E. Bidding - Upon final appro�al, Engineer will pro�ide up to 40 copies of ti�e
canstruction documen#s for bidding.
F. Award o� Contract - Pr�pare a tabulation of bids and recommendatian af award
o� contract.
11/26/2002 214
A�'iACi�l9+YF�Ni "E�"
I. Compensa4ion
Turner Collie & Braden shall be compensated a total lump sum fee of $22,800.
Paymen# ofi the total lump sum fee shall be considered full compensation fo�' the
services described in Attachment A fior all labor, materials, suppiies, and equipment
necessary to complete the project.
II. ��ymen�
Turner Collie & Braden shall be paid mon�l�ly based upon receipt of two (2) in�oices
from the Engineer based on the percentage of the work campleted.
Payment Schedule: No more than 80% of the total lump sum fee will be paid unti[ after
the Preliminary Review meeting. All unpaid invoices up to the total lump sum fee will be
paid after submission of the Recommendation of Award {etter.
1/9/2003 314
I�����r�"�{���� aaGr�
Amendmeni�s �o SfiandaYd �greemenf fior �nginee�ing SePvices
There ar� no amendments to the Standard Agreement for Engineering Services.
11/2612002 414