HomeMy WebLinkAboutContract 27593�
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CTTY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Wor�h (�he
"C�TY"), and Douqlas D. Lee & Associa�es
, �the "ENGZNEER"), for a
PROJECT generally described as: Harmon Park Pedes�rian Bridqe
Cons�ruction.
Article I
Scape of Services
A. The Scope ot Services is set forth in Attachment A.
Article Zr
Compensa�ior�
A. The ENGZNEER's
Attachment B.
compen.sation
Artic�.e III
Terms of Payment
i� set forth in
Payments �o the ENGINEER will be made as follows:
A.
(1)
T�voice and Payment
The En.gineer shall provide the City sufficient
documentation to reasanably substantia�e the invaice�.
(2} Monthly invoic�s wi11 be issued by the ENGINEER �or a].].
work pex�ormed under tha.s AGREEMENT. Invoices are due
and payabl.e within 30 days of receipt.
�3y Upon camp�etion of s�rvices enumera�ed in A�ticle I,
the �inal. payment of any balance w.�11 be due within 30
days of �eceipt of the final invoice.
(4) Zn the �vent of a disputed or con�.estcd bill.ing, only
that portion so contested wi�.� be witihheld �rom
payment, and �he t�ndisputed portion wi11 be paid. The
CITY will exercise reasonableness in contesting any
bill or portion thereof. Na interes� wi11 accrue on
any contes�ed porta.on af the billing until mutually
resolved.
(5) If the CITY fails to make paymez�,t in fu11 to ENGINEER
tor billings con�ested a.n. goad �aith wa�thin 60 davG nf
the amount due, the ENGTNEER may, atter giv�.ng 7�?_x;�-� �
written no�ic� to CITY, s�,tspend services unc��; �•i���s
AGREEMENT until paid in ful�, includi�,g inter�,st . -.�
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�he event of suspenszon of services, the ENGINEER sha11
have no l�abili�y �o C�TY fo� delays or damages caused
the CITY because of such su�pension ot ser�rices.
Article IV
Obligations of the Eng�nee�
A. GeneraY
The ENGINEER wz�l serve as the CITY's pro�es�ional
engineerang representative under this Agreement, prov�ding
professiona� engin�ering consul�ation and ad�ice a�d
fu�ni�hing customary ser�vices inczdental thereto.
B. Standard of Care
The s�andard a� care appli�able ta th� ENGZNEER's services
will be �he degree of skill and diligence normally employed
in the S�ate of Texas by pro�essional engineers or
cnnsultants performing the sam� ar similar services a� the
�ime sueh servicas are pex�ormed.
C. Subsurface I�vestigations
(1) The ENGINEER Sha11 advise the C�TY with regaxd to the
neGessi�y for subCo�traet work suGh as special surveys,
�es�s, test borings, ar other subsurface investigat�ons
in connection with design and engineering work ta be
performed hereunder. The ENGZNEER sha�l also advise
the CITY conce�ning the results of same. Such sur�r�ys,
tests, and investigations shall be �urnished by the
CTTY, un�ess o�herwise specifiied in Attachrnent A.
(2) In soils, foundation, groundwater, and other subsurface
investiga�ions, the actual characteristics may vary
significantly between su�cessive test poin�s and sample
in�er�als and a� loca�ions other �han where
observations, exploration, and inv�stigations have been
made. Secause of the znherent uncertainti�s in
subsurface eva�uations, changed or unanticipated
underground conditions may occur tha� could aftec� the
total PROJECT cost and/or executian. Thes� canditions
and cost/e�ecu�ion effects are not the resp�nsibility
of the ENGTNEER.
D. Preparation of Enginee��ng Drawings
The ENGTNEER will provide �o the CZTY �he original drawings
of all plans in ink an rep�oducible plastic film sheets, or
as otherwise approved by CZTY, whi�h shall become the
property of the CZTY. CITY may use such drawings in any
manner it desires; pravided, howevex, that the ENGINEER shaZ�
not be liable tor the use of such drawings for any project
other than the PROJECT described her�:in.
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E. Engineer�s Personnel at Constructian Site
(1) The presence or duties ot �h� ENGINEER's personnel at a
construction s�te, whether as on-site representatives
or otherwise, do not make the ENGINEER or its personnel
in any way responsible for those duties tha� be�ong to
the CITY and/ar the CZTY's construc�ion contrac�a�s or
other entities, and do no� r�lieve the constructio�
contractors or any o�her enti�y o� their Qb�igations,
duties, and responsibilities, inCluding, but not
1im��ed to, al� cons�ruction methods, means,
techniques, sequences, and procedures necessary �or
coaxdina�ing and �ompleting all portians ot the
construction wox� in accordance with the Con�ract
Docum�nts and an� health or safe�y precau�ions requir�d
by �uch cons�ruction work. The ENGINEER and its
personnel have no authority to exercise any control
over any construction contrac�or or o�her entity �r
their �mployees in connection wi�h their work or any
health or safety precautions.
(2) Excapt �o the ex�ent a� speci�iC si�e visits express�y
de�ailed and set forth in At�achmen� A, the ENGINEER or
its personnel shall have rio obligation or
responsibi�ity ta visi� �he construction si�e ta become
Eamiliar with the prQg�e�s or quality of the comple�ed
wark on the PROJECT or to de�ermi�e, in general, if the
work on the PROJECT is being perform�d in a mannex
indica�ing that the PROJECT, when comp�eted, will be in
accordance wi�h the Contract Document�, nor shall
anything in the Contrac� Documents or the agreemen�
between CITY and ENGINEER be ca�s�rued as requiring the
ENGINEER to make exhaustive or continuous on-site
inspectzons to discover latent de�ec�s in the work or
otherwise check the quality or quantity o� the wo�k on
the PROJECT. I�, fo� any reason, the ENGI�EER shauld
make an on�site observation(s), on the basis af such
on-site obs�rvations, if any, the ENGINEER sha�l
endeavor to keep the CTTY informed of any deviation
from the Contrac� Documen�s coming to the actual no�ice
of ENGINEER regarding the PROJEGT.
(3) When professio�aZ certifica�ion of perfo�mance or
characteristics of materials, systems or equipment is
reasonably required to perform �he servzc�s set forth
in the Scope of Se�vzces, the ENGINEER shall b�
en�itled �o re�y upon such cert��ication ta estab�ish
materials, �ystems or equipment and performance
critexia �� be required in the Con��a�t Docum�nts.
F. Opinxons �f ProbabYe Cost, F�nancia� Consaderations,
and �chedules
(1) The ENGINEER sha11 provide opinions of probable costs
based on the current available information at the time
of pxeparation, in accardance wi�h Attaehment A.
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(2) In providing opinians of cost, financial analyses,
economic feasibility projectiions, and schedul�s for the
PROJECT, the ENGINEER has no control ove� cost or price
af labor and materials; unknawn or latent conditions of
e�isting equipmant or structures that may a£�ec�
operation or main�enance costs; competi�ive biddi�g
pracedures and market conditions; time or quality of
p�rformance by third par�ies; quality, �ype,
management, or dir�ction of opera�ing persoxa.nel; and
other economic and operational fac�ors that may
materially affect �he ultimate PROJECT cost or
schedule. The�efore, �h� ENGINEER makes no warranty
that the CTTY's actual PROJECT costs, finan�ia�
aspects, econamic feasibility, or schedules will not
vary from �he ENGYNEER's opinions, analyses,
projections, o� estimates.
G. Cons�ructio� Progress Payments
Recommenda�ions by the ENGINEER to the CITY for periodic
canstruction p�ograss payments to the c�nstxuction contractor
wili be based on �he ENGTN�ERts knowl�dge, informa�ion, and
belief from selective sampling and ob�ervation that the work
has progressed to the poi�t indicated. Such rec�mmenda�ions
da no� represent that continuous o� detailed exam�nations
have been made by the ENGINEER to ascer�ain that the
construction contractor has compl�ted the work in exact
accordance wi�h the Con�ract Documen�s; that the final wor�
will be acceptab�e in all respects; tha� �h� ENGINEER has
made an examination to ascertain how or �o� what purpose the
construction con�ractor has used �he moneys paid; tha� tit�e
to any o� �he work, materia�s, or equipment has passed ta the
CITY tree and clear of liens, c�aims, security in�e�es�s, or
encumbrances; or �hat tihere are no� other matters a� issue
between �h� CITY and �h� construction con�ractox that affect
the amoun� that should be paid.
H. Record Draw�nga
Recoxd drawings, if required, will be prepared, in pa�t, on
the basis ot information compilad and furnished by others,and
may not always �epresent the exact location, type of various
componen�s, or exact manner in which �he PROJECT was finally
�onstructed. The ENGZNEER is not responsible for any errors
or amissions in the information from others that is
incorporated in�o �he recoxd drawings.
I. Minority and Woman Bus�ness Enterp�ise (M/WBE)
participation
Tn accord with City a£ For� Worth Ordinanc� No, x1923, as
amended by Ordinance 13�7�, �he City has goals far the
part�cipation o� minority business �nterp�ises and woman
buszness enterprises in Ci�y cont�acts. Engineer aeknowledges
the M/WBE goal estab�ished for this cantract and its
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commitmen� to meet that goal. Any misrepre-sentation of facts
(ather than a negligent misrepresenta�ian) and/ar the
commission �f fraud by the Engineer may result in the
�ermina�ian of �his agreement and debarment f�om parti-
cipating in City con�.racts �ar a period of time of not �ess
than three {3) years.
J. Righ� �o Atxdit
(1) ENGINEER agree� that the CITY Sha].I � unt i.l the
expiration of three (3) years af�er £inal pay-ment undex
thi.s con�ract, have access �o and the right to examine
and photocopy any directly p�rtinent boaks, document�,
papers and records of �he ENGINEER �nvolvinq
txan�actions reZating to �.his contxac�.. ENGZNEER
agrees that the CITY shall have access during normal
working hours to all xa.ece�sary ENGINEER tacilities and
shall be parov�ided adequate and appropriate work space
in orde� to conduc� audits in coinpliance with the
provisions of this section. The CITY shall gi�re
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER �urther agrees �o in�lude in ail its
subconsuitant agre�men�s he�eunder a pravision ia �he
e�'fec� that the subcansultant agree� that the CIT'Y
shall, unta.l the e�pira�ion of three {3} years after
fina� payment unde� the subcorztract, have access �a and
�he righ� �a examine and photocopy any directly
pertinent books, documents, papers and recards of such
s�bconsultant, involving �ransacti.ons �o �he
subcontraCt, and fur�her, tha� the CTTY shaZl have
access during normal worl�ing hours to aIl subConsultant
t'a�ilities� and shall be p�ovided adequa�e and
appropriate work space, in order �o conduCt audit� in
compla.ance wi�h the provisions of this ar�iC],e together
with subsection (3)hereof. CITY sha11 give subcon-
sul�an.t reasonable advance notic� of intended audits.
(3) ENGINEER and subconsultan�. agree ta pho�o copy such
documants as may he r�quested by the CIT�. The CITX
agrees to �eimburse ENGINEER for th� cost af copies at
the rate published in the Texas Administ�ative Code in
e�,fect as of the time copying is per�ormed.
K . ENGINEER' s Zra.surance
(].) Tnsurance coverage and limits:
ENGTNEER sha11 provide to the City ceriificate(s) of
iz�surance documenting pol.icies o� the £ollowing cove�age at
minimum 1imi.ts which are to be in �ffect prior to
commencemeni of work on the PR0�7'ECT:
Commercial General Liability
$1.,0OO,OQO each occurrenC�
$1,000,000 aggrega�e
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Automobile Liabili�y
��,000,000 each accident (ar reasanably equivalen�
limits of coverage if written on a split limits
basis}. Coverage shall be an any vehicle used
in the course o� the PROJECT.
Wo�kerrs Compensation
Coverage A: statutory limits
Coverage B: $100,000 eaCh accident
�5QOr400 dis�ase - po�ic� �imit
$100,000 disease - �ach employee
P�o�essianal Liability
$1,�40�000 eaCh claimfannua� aggregate
(2) Certif�Ca�es
has ob�ained
to the CITY
PROJECT.
of insu�ance evidencing that the ENGINE�R
a1Z required insuranc� shall be de�.ivered
prior to ENGINEER proceeding with the
{a) Applicable policies Shal�. be endorsed to name the
CITY an Additional Insu�-ed th�reon, as its
in��res�s may appear. The terrn CITY shall include
its employees, officers, afficials, agents, and
volun��ears as respects the contracted services.
(b) Cert�ficate(s) of insurance sha11 document that
insurance coverage specified accordin.g to i�ems
sec�ion K.(1) and K.{2) a� �his agreement are
provided u�.nder applicable poli�ies documented
�hexeon.
(c} Any failure on par� of the CZTY to request
required insurance dacumentatiQz�. shall not
cons�i�ute a waa.ver ot the insurance requirements.
(d) A minimum of thir�y (30) days no�i�e of cancel-
lation or ma��rial change in coverage sha1l be
provided ta the CITY. A ten (1�) days notice
shall be acceptable in the even� c�f non-pa�yment of
premiurn. Such terrns shall be endarsed onto
ENGiNEER's insuran�e po�.icies. Notic� shall be
sent to the respect.ive Department Dir�ctor (by
name), Ci�y of Fort Worth, 10fl0 Throckmortan, Fart
Worth, Taxas 76102.
(e) Tn:surers for alZ policies mu�t be authorized to do
business in the state of Texas �r be o�herwise
approved by the CITY; and, such insurers shall b�
acceptable to the CTTY in terms of their financiaZ
strength and solvency.
(t) Deductible limits, or seZf insured reten�i.ons,
aftecting insurance required herein shall be
acceptab�e to th� CITY in its so�e discretion;
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and, in lieu a� �raditio�al insurance, any
al�ernative cov�rage maintained through insurance
poo�s or rzsk r�tention groups must be also
appraved. Dedica�ed financial resources or
1et�ers o� credit may a�so be acc�ptable to the
Ci�y.
(g) Applicable palicies shall each b� endorsed with a
waiver of subrogation in favor ot the CITY as
respects the PROJECT.
(h) The City sha11 be entitled, upon its request and
witihout incurri�g expense, �o review the
ENGINEER's insurance policies including
endarsem�nts thereto and, at the CTTY's
discretion, the ENGINEER may be required to
provide proof of insurance premium payments.
(i) The Commercial Gen�ral Liability insurance policy
sha�l have no exclusions by endorsemen�� unless
such a�e approved by th� CZTY.
(j) The Prafessional Liability insurance policy, if
written on a claims made basis sha11 b� maintained
by the ENGTNEER for a minimum twa (2) year period
subsequen� to the term of the r�spective PROJECT
cantract with the CITY unless such cove�ag� is
provid�d the ENGINEER an an accurrence basis.
(k) The CZTY shall no� b� responsible for the direc�
payment of any xn�urance premiums required by this
agreemen�. It is understoad tha� insurance Cost
is an al�owabl� component af ENGINEER's ove�head.
(1) All insurance required in section K., except for
the Professional Liability insurance policy, shal�
be written on an accurrence basis in orde� ta be
approved by the CITY.
(m) Subcon�ul�ants to the ENGSNEER shall be required
by the ENGINEER to main�ain the same or reasonably
equivalent insurance cov�rage as required for the
ENGINEER. When insurance coverage is maintained by
subconsultants, ENGTNEER shall provide C�TY with
documen�ation ther�of on a certificate of
insurance. Natw�thstanding anything �o the
can�rary co�tained herein, in the event a subcon-
sul�an�"s insuranc� coverage is canceled or
�erminated, such cancellation o� termination sha�1
not conat�tu�e a b�each by ENGINEER of �he
Agreement.
L. Independen� Consultant
The ENG�NEER agrees to perform al� ser�vices as an independ�nt
consu�tant and nat as a subcontraC�o�, agent, or ernployee of
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the CTTY.
M. Disclosure
The E�GZNEER acknow�edges to the CITY that it has made fu�1
diaclosure in w�iting of any e�isting conflicts af interest
or poiential conflicts of interest, includ�ng personal
finanC�al interest, direct or indirect, in property abutting
the propo�ed PRDJECT and business relatianships with abutting
praper�y cities. The ENGINEER fur�her acknowledges that it
wi1�. make disclosure in writing of any contlicts of in��rest
which develap subsequent ta the signing of �his contract and
prior to fi.naZ payment unde� the contract.
N. Asbestos ox Hazax�dous Substances
(1) If asbes�as or hazardous substances in any foxm are
c:ncountered or suspec�ed, the EI.rTGINEER wil7. s�op its
own work i.n the a�f�cted portions o� �he PROJECT to
permit testing and evaluation.
(2) Tf asbestos or other haza�dous sul�stances are
suspected, �he ENGTNEER wi1Z, if r�ques�ed, assi�t the
CITY in obtaining the ser�vi�es of a quali�ied
subcontractor ta manage �he remedia�ion activities af
the PROJECT.
O. Permitting Authoriti.es -- Design Chan.ges
Zf parmitt,ing authorita.es require des�gn changes �o as to
comply v,rith pub�.ished design cxiteria and/ar curr�nt
enginee�ing p�actice standards which the ENGINEER shouZd have
been aware of at the time �his Agreement was execu�ed, �he
ENGINEER sha17. revise plans and �pecifications, as r�quired,
at its own cost and expense. However, �f design changes are
requa.red due ta �h� changes in the permitting authorities'
published design criteria and/or practi�e ��andards criteria
wY�ich a�e published a�'te� the da�e of this Agreement which
tihe ENGTNEER could no� have been reasonably aware of, the
ENGINEER shall no�ify �he CITY of such chang�s and an
adjustment in comgen�atzon will be made thxough an amendment
'�o this AGREEMENT.
�irticl.e V
Ob].iga�ions of the Cit�r
A. City-Furx�ished Da�a
The CITY w,i11 mal�e available to the ENGZNEER al1 technical
data in �he CITY's possession rela�ing to the ENGZNEER's
s�rvices on the FROJECT. The ENGTNEER may rely upan the
accuracy, �imeliness, and comple�eness of the informa�ian
provided by the CITY.
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B. Access �o Facilities a�d Property
The CZTY will make its facilities accessible �o �he ENGINEER
as requ�red for �he ENGINEER'� per�armance of its s�rvices
and wi11 provide labor and safety equipment as requi�ed by
the ENGINEER far such access . The CITY will perform, at no
cast to the ENGINEER, such tests o£ equipment, machinery,
pipelines, and o�her components of the CITY'� facilities as
may be required in connection with the ENGTNEER's services.
The CITY will be respon.sa.b].e �or all acts of the CITY's
personnel.
C. Advertisemants, Permits, and ACcess
Unless otherwise agreed �o in the Scope of Services, the CITY
will obtain, arrange, and pay for al1 adverta.semen�s tor
bids; permi�s and licenses required by local, state, or
federal authorities; and �and, easements, rights-o�-way, and
access necessary for the ENGINEER'� services o�' PROJECT
construc�ion.
D. Timely Review
The CITY will examine the ENGINEER's studies,
sketches, drawings, specifications, pr�posals,
dacuments; abtain advice af an attarney, insurance
accountant, auditor, bond and financial advisors,
consultants as the CITY deems appropriate; and
writing decisions requa.red by �he CITY in a t.imely
accordan.ce wi�h �he project schedu�e in Attachment
E. Prompt Notiae
reports,
and other
�aunselor,
and othex
render in
manner in
A.
The CITY will give prompt writ��n notice �o the ENGINEER
whenever CITY observes or becomes aware of any developmen�
that affec�s �he scope or timing of �he ENGTNE�R's services
or o� ar�y defect in �he work of �he ENGINEER or construction
contractox�s .
F. Asbestos or Hazardous �ubstances and Indeznni£icatian
(1) To �he maximum ext�nt permitted by law, �h� CTTY will
indemnify and �elease ENG�TNEER and its otticers,
employ�es, and subcont�ac�ors trom a11 claims, damage�,
losses, and costs, i.ncluding, but nat limited to,
attorney'� fees and litigatzon expenses arising out of
ar relating to the presence, discharge, release, or
escape of hazardous subs�anccs, contaminants, or
asbestos on or from the PROJECT. Nothing Contained
herein shall be cons�rued to requi.are the CITY �o levy,
asses� or �ollect az�.y tax �.a tund this indemn.a.fication.
(2) The indemnification and r�lease requi�ed above shall
not apply in. the even� the discharge, release or escape
of hazardous substances, contaminants, or asbestos i� a
_g�.
result of ENGZNEER'S negligenc� or if such hazardous
substance, contaminant or asbestos is brought on�o the
PROJECT by ENGINEER.
G. Contrac�or Indemni�ication and Claims
The CYTY agrees �o include in all canstruc�ion con�rac�s the
provisions of Ar�icle IV.E. regarding the ENGINEER'�
Personnel at Canstxuction Si�e, and pravi�ions providing
contractor ind�mnifiCation of the CITY and the ENGXNEER fo�
contractor's negligence.
H. Contractor Claims and Third-Part� BenefiCiarie�
(1) The CITY agrees tn include the following clause a.n a1.1
cont�acts with construction contrac�ars and equa.pment
or materials suppli�rs:
"Contractors, subcon.�ractors and equipment
and materials suppl.iers on the pR4JECT, or
their sur�ties, shaJ.]. maintain no direct
actzon agains� �hc ENGYNEER, its offic�rs,
employees, and subcon�rac�ors, for any
claim arising out ot, in connection with,
or resu.I�ing from the engineering �ervices
performed. Only the CZTY will be �he
bene�iciary of any un.dertaking by the
ENGTNEER. �r
(2} This AGREEMENT gives no �igh�s or benefits to anyone
other than �he CITY and the ENGINEER and there are no
third-party beneficiari�s.
(3) The CITY will incl�.de zn each agreement zt enters into
with any other entity or person regarding the PROJECT a
provision �hat �uch �ntity or person shall have no
�hird-party beneficiary rights unde� this Agreement.
(�) Nothing contained .�n this section V.H. shall be
con.strued as a waive� of any right the CITY has to
bring a claim against ENGrNEER.
�. CTTY's Inst�ran�e
(1} The CITY may maintain p�oper�y insurance on cer�ain
pre-existing stx�uctur�s associ.ated with �h� PROJECT.
(2} The CITY will ensuxe tha� Builders Risk/Znstallation
insurance is maintained at the replacement cost valu�
of �he PROJECT. The CITY may p�ovide ENGTNE�R a copy
of the policy or documenta�ion of such on a certificate
of in�uxance.
(3) The CITY will speci�y that the Bu.ildexs
Risk/insta�.l.ation insurance shall be comp�ehensiv� in
coverage appropriate �o the PROJECT risks.
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J. Litigation Aasistance
The Scope o� Servzces does not include casts of the �NG�NEER
far required or r�quested assistance to suppor�, prepare�
d�cument, b�ing, defend, or ass�st in litigation under�aken
or de�ended by the CITY. In �he event CITY �eque5ts such
servic�s of the ENGINEER, this AGREEMENT shaXX be amended or
a separat� agreement wiX� be negotiated between the paxties.
K. Changes
The CITY may make or approve changes �i�hin the genera� Scope
of Services in �his AGREEMENT. I� such changes af�ect the
ENGINEER's cost o� or time r�quired far per�ormance af the
services, an equitab�e adjustmen� will be made th�ough an
amendment �o �his AGREEM�NT wi�h appropriaie CITY approval.
Article VI
Gene�al Legal Frovisions
A. Au�hox��ation to Proceed
ENGINEER �hall be authorized �o proceed with this AGREEMENT
upon receip� of a written Notice �o Proceed from the CITY.
B. Reuse af Praject Documen�s
Al1 designs, drawings, specifi�ations, documents, and other
wark products of the ENGINEER, whether zn hard copy or in
el.ectronic farm, are instruments ot service for this PROJECT,
whether the PROJECT i� completed o� no�. Reuse, chan.ge, or
alteration by �he CITY or by othexs acting through or on
behalf of the C�TY of any such ins�ruments of servic� withaut
the written permission af the ENGINEER wi11 be at the CITY's
sale arisk. The final designs, d�awings, specificati.ons and
dacuments sha1.1. be owned by the CITY.
C . Force Maj eux�e
The ENGINEER is not responsible �or damages or delay in
perf�rmance caused by acts of God, strilces, lockau�s,
accidents, or otl�er events beyond the controX o� the
ENGINEER.
D . Termiziation
(1) This AGREEMENT may b� terminated only by the Ci�y tor
convenience on 30 days' written notice. This AGREEMENT
may be terminated by either �he CITY or the ENGZNEER
for cause i� ei�her party fail.s subs�antial�y to
perform through no faul.� ot' the ather and does not
commence cor�ection of such nonperformance vaith 5 day�
o� written notice and diligently complete the
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coxrection thereafter.
(2) It this AGREEMENT is termina�ed �or the canven�ence of
the City, the �NGINEER W�ii be paid �ar termination
expenses as follows:
a.) Cost of reproduction ofi partial or complete
studies, plans, specifications or other forms o�
ENGINEER'S work product;
b.) Out-o�-pocket expenses for purchasing �torage
containers, micro�z�m, elec�ronic data files, and othe�
data s�orag� supplies or services;
c.) The time xequiremen�s for the ENGZNEER'S personnel
�o docum�nt the w�rk unde�way at th� time the C�TY'S
te�mination for convenienCe so that �he work effort is
suitable for �ong time s�orage.
�3j Prior ta praceeding with ��rminatian sex�vices, the
ENGINEER will submit to the CITY an itemized statemen�
o� all tercnination exgenses. The CITY'S approval wzll
be obtained in writiing priar to proceeding with termi-
nation �exvices.
E. 5uspension, Delay, or In�erruptio� to Work
The CITY may suspend, delay, or interrupt the ser�rices of the
ENGINEER �or the convenience ot the CZTY. In the event of
such suspension, de�ay, or interruption, an equitable
adjustmen� in the PRQJECT's schedule, commitment and cost of
the ENGINEER's personnel and subcon�ractors, and �NGIN�ER's
compensatian will b� made.
F. Indemnifiaa�ion
(1) The ENGINEER agrees to indemnify and d��end the CITY
from any �oss, cost, or expense c�aimed by third
par�ies for prope�ty damage and bodily injury,
including deaih, caused solely by �he negligence or
willfu� misconduct af the ENGINEER. i�s employees,
officers, and subcontractoxs in connection with the
PROJECT.
(2) If the negligence o� willful misconduct of both the
ENGINEER and the C�TY (or a person identified above for
wham each is liabl�) is a cause of such damage or
injury, the lass, cos�, or expense sha11 be shared
between the ENGTNEER and �he CITY in proportion to
their relative degrees of negligence ar will�ul
miscandu�t as dete�m�ned pursuant to T.C.P. & R. Code,
section 33.oii(4) �Vernon Supplement 1996).
G. Assignmeri�
Neither par�y wi11 assi.gn all. or any part of this AGREEMENT
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without the prior wri���n consent o� the other par�y.
H. Interpre�a�ian
Limitations on liability and indemnities in this AGREEMENT
are business understandings b�tween the parties and shall
apply �o all the different theories �f recave�y, including
breach of con�ract or warranty, tort including negligence,
strict or statuto�y Iiability, or any o�her cause o� a�tion,
except for willful misconduc� or gross negligence �or
�imita�ions of ��ability and �ole negligence for
zndemn,�fica�ion. Paxt�es means the CTTY and the ENGINEER,
and their offic�rs, emplayees, agents, and subcontraetors.
T. Jurisdiction
The law ot the State a� Texas sha11 govern the validi�y a�
this AGREEMENT, its interpretation and performance, and any
o�her claims related to it. The venue for any litigatzon
xelated �o this AGREEMENT shall b� Tarrant County, Texas.
J. Al�ernate D�apute Resolu�io�
(1) Al1 claims, dispu��s, and othe� ma��ers in question
b��ween the CZTY and ENGINEER arising ou� o�, or in
connection with this Agreement or the PR�JECT� or any
breach of any obligation or du�y of C�TY or ENGINEER
hereunde�, will be submitted to mediation. If inedia�ion
is unsu�cessfu�, the claim, dispute or other mattex in
question shall be submi�t�d �o a�bit�ation if both
parties ac�ing reasonab�y agree that the amount of the
dispute is likely to be �ess than $5D,OQ0, exc�usive of
attorneyTs fees, costs and expenses. Arbitration shall
be in accordance with the Cons�ruction Indus�ry
Arbitration Rules of the American Arbit�ation
Assaciatian o� o�her appXzcable rul�s of the
Associa�ian then in effec�. Any award render�d by the
axbitrators 1�ss than $50,OOa, �xclusive of a��orney's
�ees, costs and �xpenses, wil� be �inal, judgmen� may
be entered the�eon in any couxt having jurisdiction,
and will not be subjec� to appeal o� modification
ex�ept to �h� extent pexmitted by SeCtions �0 and 11 of
the Federal Arbi�ra�ion ACt (9 U.S.C. Sectians 10 and
11) .
(2) Any award gr�ater �han $50,000, exclusive af attorney's
fees, costs and expenses, may b� litigated ]ay either
party on a de novo basis . The award shall became final.
ninety (90} days f�om �hc date same is iss�ed. I�
litigation is tiled by ei�hex� party within. said ninety
(9fl) day period, �.he award sha1�. become null and void
and shall n�t be used by either party for any purpase
in the li�iga�ion.
K. Sevesability and Survival
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if any of �he provisions contained in this AGREEMENT are held
�or any reason to be in�alid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceabz�ity
w�ii no� a��ect any other provision, and �his AGREEMENT sha�l
be construed as i� suCh invalzd, i�Legal, or unen�orceable
provision had never been contained herein. Articles V.F.,
VZ.B., VI.D., V�.H., VI.I., and VZ.J. sha�l su�vive
te�mina�ion of this AGRE�MENT tor any c�use.
L. Ob�erve a�d Comp�y
ENGZNEER shall a� alX times observ�e and comply with al1
federal and S�atie laws and regulations and with all Czty
ordinances a�d regulatians which in any wa� a�fect this
AGREEMENT and �he work hereundex, and shall observe and
comply with a�1 orders, laws ordinances and regulations whi�h
may exist ar may be enacted la�er by governing bodies having
jurisdiction or authority for such enaGtment. No plea of
misunderstanding or ignorance the�eof shall be Considered.
ENGINEER agxees �o defend, indemnify and hold harrnless CTTY
and all of its af�i.ce�s, agen�s and employees from and
agaa.nst all claims or liabi.la.ty arising aut of the violation
of any such order, law, ordinance, or regulation., whether it
bc by itself or its employees.
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Article VTI
Attachments, 5ched�les, and Signatures
This AGREEMENT, in�lud�ng its a�tachments and schedules,
constitutes �he en�ire AGR�EMENT, supers�d�s all przor w�it�en or
oral understandings, and may only be changed by a written
amendmen� executed by both parties. The following attachments and
schedules are hereby made a part of �his AGREEMENT:
Attachment A- Seope at S�rvices
Attachment B - Campensation
l
�T : CITY OF
,� �� ���--� sy : /
Glora.a Pearson Joe P n
City Secx'etary Assista
APPROVED AS TO F4RM
AND LEGALITY
� � .
,_ __-�-
Assist� City Attorney
P,TTEST :
Coxporate Secretary
/./l) `�%�%tL� ../�
Contrac� Au�horiza�ion
�ate
C ',
_�
c ara z
arks and
partment
a�
/it anager
�
@
a, k, Director
mu it�y Serva.ces
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y
Doug as D. Lee & Associa�as
�U�a"�;V�� I�I�LtJli��
-15 - �. ��, _ _ - -- �:.�rrt �l l�
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f�l_ : 1. �
D�UGLAS D. LE� 8� A�SOCIATES
Consuiting Structr�ral Engineers
6150 �axglave Caurt, �'ort V4+orth, Texas 76112-1106
March 18, 2002
Carlos Gonzalez
Projecf Manager
Pazlcs anti Communit�+ Services Department
The City of Fort Worth
420� South Freeway, Sui�e 220Q
Fort Worth, Texas 761IS-1494
(tel) Sli-457-703U
(fax) 81'�-957-8970
(e-maitj ddlhrt@aol.com
Suiaject: Proposai (Revised) for Harmon Park Pedestrian Bridge, Harmvn Park,
Fart Worth, Texas
Dear Mr. Gonzalez
According to our diseussion on the initial proposal after its submittal, we have revised it �or your
�review as follows:
,Attachment A
Scope af Servicas:
TAS� 1.0
TASK 2.0
TASK 3.4
S�..IRVE�iNG
Douglas D. Lee & Associates will pravide Pro£essional Sur�veying
Servzces For the project. The surveying will include a topo�raphic suzvey
of the creek at the proposed bric�ge locatian. The purpose of this survey is
to locate the proposed bridge and provide a cross-section o�the creek at
the bridge lacation.
GEOTECHNICAL SUBSURFACE INVES�'IGATION
Douglas I7. Lee & Associates will provide Professionai Geotechnical
subsurface in�estigation �ar the project. The investigatzon will include 2
borings, one at each shore side of th� creeic and repart.
BRIDGE FOUNDATI4N DESIGN AND DETAILS
Based on the design data from the Contractar, Douglas D. Lee &
Associates will d�sign the bxidge foundation. The Contractor shall provide
the design loads �rom the �refabricated bridge superstructuxe. The
founda�on details s�al.l be prepared manually on A4 calculatian sheets.
The City standard specificaiions shall be utilized far fi1�e project. Any
additional specification items will be noted on fihe detail sheets xnanua�ly.
TASK �.0
CONSTRUCTION PHASE CONSULTATION
During the cansixuction phase, DougIas D. Lee & Assoczates will make
thi'ee jobsrte visits far constntction observation.Tbis task does not include
any cozastruction inspection and supervision.
AS SUMPTIONS
1. The surveying area sha11 be appraximately J 00' x 20', enough to locate
the praposed bric�ge.
2, The Contractor selected by the City shall bid out far the prefabricated
steel bridge and perform necessary coordination during foundation design,
Attachment B
Compensaiion Summary:
The fee �ox performing this scope of services is based on a lump sum and will be as follaws:
TASK 1.0
TASK 2.0
TASK 3.0
TASK 4.0
�z,�saoa
$2,000.00
�2,000.00
$300.00
TOTAL FEE $6,18�.00
Schedule:
A. Desz�n/Constr�ction Docux�nent Preparation
Aftex xeceiving an authorization notice from the City, we will su�z�n.it the final
construction documents in seven {7) weeks. Thzs duration includes activities related �vith
geotechnica� subsurface investigation, surv�;ying, and design.
Approximate durations of major tasks are as fallows:
1. Geot-echnzcal investigation and suxveying (concurrent, 2 weeks)
2
2. Foundation design az�.d preparation of const�uction documents (concLurenfi with steeI
bridge design by other, 3 weeks)
3. Review axzd coordination (2 week)
B. Estimated Construction Time
After a successful contractor coxnmences the foundation canstruction, it will take about
1 Q weeks to complete the canstruction by erecting the delivered steel bridge on the
prepared bridge abutments. The fabrication of the st�el bridge will be co�current with our
design and fot�ndatian construction.
We appreciate this opportunity to submit our proposal. If you have any questions, please give me
a ca11 at (817)457-7030.
Sincerely,
�� �
� Douglas D. Lee, Ph.D., P.E.
Principal Struct�zral Engineer
3