HomeMy WebLinkAboutContract 27862. , , • iiY ��C�ETAF�Y
�NYRACT i� .
CIiY �� ��Ri 11V8R1'F�, i���
S�'.�N�AR� AC����{��PlT FOR �R�ClNFi�RII�C ���!ll���
This AGREEMENT is between the City of �art Worth (the "CITY") and Turner Callie & Braden
Inc. (the "ENG�NEER"), far a PROJECT g�neraliy describe� as Miscellaneous Drainage
Studies.
A�iicle l
Scap� o� Se�v�ces
A. The Scope ofi Services is set farth in Attachment A.
Ar�icle II
Compensafion
A. The ENGINEER's com�ensati�n is set farth in Attachment B.
A�iiele li1
ierms of Payment
Payments to the ENG�NEER wil) be made as fallaws:
A. Invoic� and �aymeni
(1) The Engineer sha11 provide the Gity sufficient dacurnentatian ta
reasanably subsfantiate the in�aces.
(2) Monthly invoices will �� issued by the ENGiNEER for all wvrk performed
under ihis AGREEMENT. Invoices are dt�e and payable within 30 days of
receipt.
(3} lJpan completian of services enumerated in Article I, the final payment of
any balance will be due within 3D days of receipt of the �nai invoice,
(4) In the event of a disputed or co�test�d billing, only that portior� so
conkested will be withheld from payment, and the undisputed portian will
be paid. The City will exercise reasonableness in contesting any bill or
portion ther�af. No interest will accrue on ar�y contested portion �f the
billing until mutually resalved.
(5) If khe CITY fails to make payment in full to ENGINEER for bii[ings
contested in goad faith within 60 days of the amount due, the ENGINEER
may, after giving severt (7 days) writtsn natice to G�TY suspend services
u�der this AGREEMENT until paid in full, including interest In the event of
suspension of serviees, the ENG�NEER shall have no liability to CITY for
delays or damages caused the CITY because af suct� suspension �f
seN�ces.
' . 8w� ����I��u
- '[ - �� u l� +������51511WllS�
u IKIn1.
A�iicle ld
8bli��tions of the Engineer
Ame�dments ta Articfe IV, if any, are inclu�ed in Attact�ment C.
A. Genera!
The ENGINEER wikl serve as the ClTY's professional engineering representative
under this Agreement, providing professianai engineering consultation and
advice and furnishing customary services i�cidental thereto.
�. S��ndar��i of ��re
The standard of care applicable ta the ENGINEER's services wi1l be the degree
af ski11 an� diligence narmaliy employed in' the State of T�xas by professia�a!
engi�eers or consultants performing the same or simi�ar services at ihe #ime
such services are p�rfarmed.
C. Subsur�ac� In�esiig�fions
(1 } The ENGINEEF� shali advise the CITY with regard to ihe necessity for
subcontrac# work such as speeial surveys, tests, test boring�, or other
subsurface irtvestigations in connection with design and engineering wark
to be performed hereunde� The ENGiNEER shall also advise #he CITY
concerning ti�e results af same. Such surveys, tests, and ir�vestigations
shal{ be furnished by the CITY, unfess o�herwise speciiied in Attachment
A-
(2) Ir� soils, foundation, groundwater, and other subsurface investigatians,
the acival characteristics may vary sig�ificantly between successive #�st
points and sample inter�als and at locations ather tnan where
observations, ex�laration, and investigations have been made. Because
of the inherent uncertainties in subsurface E�aluations, ehanged or
unanticipated underground canditians may accur that could affe.ct the
tatal PROJECT cast andlar execution. These conditions and
costlex�cution effects are not the responsibility of the ENGINE�R.
�. �pepa�afiion o� �ngineering Drawings
The ENGINEER will provide to the CITY the original drawings of a[I plans in ink an
reproducible plastic fifm sheets, or as otherwise approved by CfTY, wk�ich shalf
become the praperty of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for th� use of
suci� drawings for any project otF�er than the PROJECT described her�in.
!�. �ngineers P�rsonnel a# �anst�uction Si4e
(1) The �resence or duties of the ENGINEER's persannel at a cor�struction
site, whether as fln-sit� represenfatives or otherwise, da not make the
-z-
. � , �
ENGiNEER ar its persannel in ar�y way respansible for those duties that
belong to the CITY andlor the CITY's construction cantractors or a#her
entit�es, and do �ot relieve th� construciian contractars or any a�her entity
of their obligations, duties, and respansibifities, inclu�ing, but not limited to,
all construction methods, means, techniques, sequences, and procedures
necessary for cnardinating and completing all �ortions af the construction
work in Except to the extent �f specific site visits expressiy detailed and set
forth in Attachmen# A, the accordance with t�e Contract Dacumer�ts and
any f�ealth or safety precautions required by such construction work The
ENGINE�R and its personr�el have no autt�ority to exercise any con#roi
��er any construciion contrac#nr or other entity ar their employees in
connec#ion with their war�C or any health or safety precautions.
(2j ENGINEER or its personnel shall i�a�e no abligatian or responsibility to
visit the canstr�actio� site to become familiar wit� the pragress or quality
of the campleted work o� tF�e PROJECT or to determine, in general, if the
work on the PR�JECT Es being performed in a manner ind�cating that the
PRO.fECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract �ocum�nts or the
agreement between CITY and ENGiNE�R be canstrued as requiring
ENGINEER to ma�e exhaustive or continuous on-site inspectians to
discover latent defects i� the work or ot�arwise check ihe qualify ar
quantity af the work an the PROJECT. If, for any reason, tt�e ENGINEER
should make an on-s�te obseruatian(s), or� the basis af such on-site
observations, if any, the ENGWEER shall endeavor to keep ti�e CITY
intormed af any deviatio� from the Contract Dacuments caming ta the
actual notice of ENGINEER regarding the PROJECT.
(3) When professional cer#ificatio� of performance or characteristics of
materials, systerns or equipment is reasanably required to perform the
services set forth in the Scape of Services, the ENGINEER shall be
entitled to rely upan such c�rtification to eskablish materials, systems or
equipment a�d Pertarmance criteria to b� required in the Cor�kract
�ocuments.
�. Opinion� ofi Probable Cvst, Financial Gflnside�afions, and �c�edules
(1) The ENGINEER shall pro�ide apinions of prabable costs based on the
eurrent availa�Ie information ati the time afi preparation, in accordance
with Attachment A.
(2) In providing opinions of cos#, financial anaiyses, economic feasibility
praj�ctians, and schedules for the PROJECT, ti�e ENGINEER t�as na
control ov�r cost or price of labor and materials; unknown or fatent
conditions af existing equipment or structures that may affect aperation or
maintenance costs; competitive bidding procedures ar�d rnarket
conditions; #ime. or �ualify af perfarmance by third pa�ties; quality, type,
management, or direction of aperating personnel; and o#her ecanomic
and operational factors that may materially affect ti�e ultimate PROJECT
cast ar schedul�. Therefore, the ENGINEER makes no warranty that th�
-3-
. � � '
CITY's actual PROJECT costs, financial aspects, economic teasibility, or
schedules w�ll not vary fram the ENGINEER's opinions, anaEyses,
prajectio�s, or estimates.
G. Cons�r�cfion �rog�e�s �ayments
Recommendations by the ENGINEER to the CiTY for �erjodic cflnstr�ction
progress payments ta the construction contractar will be based on the
ENGIfVEER's knawledge, informatiort, and belief from selective sam�ling and
ahservation �hat the work has progressed tn the paint indicated. Such
recommendatians do nat repres�nt thai continuous or detailed examinations
have been made by the ENGINEER ta ascertain that the construction contractor
has eompleted the work ir� ex�ct aecordance with the Contract Documents; that
the final work wiil be acceptab[e i� all respects; that the ENGINEER has made
an examination to ascertain haw or far what purpose the consiructior� cantractor
has used the moneys paid; that title to any of the work, materials, or equipment
has passed to the CITY free and clear of liens, claims, security interests, or
ertc�m�rances; or #hat there are nat ot�er matt�rs at issue between the CITY
ar�d the constructian contractor #hat affect the arno�nt that should be paid.
H. �ecoed �rauvings
Record drawings, �f requ�red, �rill be pr�pared, in part, on th� basis of infarmation
compiled and furnished by others, and may not always represent the exact
lacation, typ� of variaus components, or exact manner in whici� the PR�J�CT
was finally constructed. The ENGINEER is not responsible for any errars or
amiss�ans in the information from others that is inc�rporated into the record
drawings.
!. RAinority ��d l�doman ��siness �nierpeise {i9dI1W��,) parfiicipafiian
In accord with City of Fo�k Warth Ordinance No. 11923, kY�e City has goals for the
participatian of minority business enterprises and woman business enterprises'in
City cantracts. Engineer acknowfedges the M/WBE gaal established far this
contract �nd its carnmitment to meet that goal. Ar�y misrepresentation of facts
(ather #han a negligent misrepr�sentatior�) andlor the cammissian of fraud by the
EngineeT may result in fhE kermination of this agreement and de�arment from
participating in City contracts far a periad of time of not less than three (3j years.
�. Right fio �udi�i
(1) ENGINEER agr�es tE�at the CITY shall, until the expiration of three (3)
years after final payment under this cantract, have access to and ihe right
to examine and photacopy any directly pertine�t books, dacuments,
papers and r�cards af the ENGINEER involving transactians relating ta
khis cantract ENGINEER agrees that the CETY shall have access during
narmal wor�cir�g hours to all necessary �NGINEER facilities and shall be
pro�ided adequate ar�d appropriate work space in order to conduct a�dits
in compliance with the provisions of this section. The CITY shall give
ENGiN�ER r�asonable advance notice of intended audits.
-4-
��) ENGINE�R further agrees to �nclude in all ifis subconsultant agreements
here�naer a provision ta the effect that ti�e subconsuEtant agrees that the
CITY sF�ali, until the expiration of three (3} years after final payment under
the subcontract, have access to and tf�e rig�t to examine an� photocopy
any directly pertir�ent books, dacuments, pa�e�s and records o� such
subcon�ul#ant, i��olving transactions to the su�contract, and further, that
the CITY shall hsv� access during narmal warl�i�g hours to alI
subconsultant faciEities, and shall be provided adequate and appropriate
wor� space, in order to cond�ct audiis in compliance with the provisions
of this article tagether with su�section (3}nereof. CITY shall giva
subconsultant reasonable advance notice of inte�ded audits.
(3) ENGINEER and subcansuftant agree ta phato capy such documents as
may be requested by the ClTY. The CITY agrees #o reirnburse
ENGINEER for the cost of copies at the rate �ublished ir� �he Texas
AcEministrafive Code in effect as of the time copying is performed.
1�. i�R�GINE�R's lnsur�ance
{1) Ins�rance coverage and limits:
ENGINEER shall pro�ide to the City certificate(s) of insuranee
documenting palicies of the fallawing caverage at minimum iimits which
are ta �e in effect prior ta commencemer�t of work on the PROJECT:
Commercia� Generaf Liability
$1,OOO,d00 each occurrence.
$1,OOQ,�00 aggregate
Automobil� Liability
$1,Q�O,D00 each accident (or reasonab�y equivalent limits of coverage if
written an a split limits basis). Coverage shall be an any vehicfe used in
the caurse of the PROJECT.
Worl�ers Compensation-
Coverage A. statutory limits
Coverage B: $�00,000 eaeh accident
���O,Q00 disease - policy limit
$100,0�0 disease - each emplayee
Prafessional Liability
$1,00O,OOfl each claimlannual aggregate
(2) Certificates of insura�ce evidencing that the ENGlNEER has obtained all
required insurance shal� be delivered to the CITY prior to ENGINEER
praceeding with the PROJECT.
(a) Applicable policies shall be er�dorsed ta name the CITY an
Additional Insured thereon, as lts interests may appear. The kerrn
-5-
CITY shall include its employees, officers, officials, agents, and
volunteers as resp�cts the contracted services.
{p) Certificate(s) of insurance shall document that ins�rance
caverages specified according to items seckion K{1) and K.(2) of
this agreement are provided under applEcable palicies
documented i�ereon.
(c) Any failure an part af the CiTY to r�quest Tequtred insurance
documentation shall nat constitute a waiver of the insurance
req�irem�nts.
{d) A minim�m of thirty (3a} days nntice of canceilatian, non-renewal
or materiat change in caverage sha[I be �ro�id�d ta the CITY. A
terr (1�) days natice shall be accepta�le in the ev�nt o# nort-
payment of premium. Such terms shall be endors�d anto
ENGINEER's insurance po�icies. Natice shall be se�t to the
respective Department Directar (by name}, City af Fort Worth,
9�0� Throckmorton, Fart Worth, Texas 76102.
{e) Insurers #�r all palicies must be authariz�d ta do business in the
state of Texas or be atherwise approved by the CITY; and, such
insurers shall be acceptable ta the CITY in terms of their fi�ancial
strength and sofvency.
(� Deductible limits, or seif inst�red retentions, affec#ing insuranc�
required herein may i�e acceptable to the CITY at its soEe
discretian; and, in lieu of traditional insurance, any alternative
caverage maintained through insurance poafs or risk ret�ntfo�
graups m�st be also appra�ed. Dedieated financial resaurces or
letkers of credit may also be acceptable ta the City.
{g) Applicable palicies shall each be endorsed with a waiver af
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its reauest and withaut i�curring
expense, to revi�w the ENGINEER's insurance pnlicies including
endarsements thereto and, at the CiTY's discre#ion, the
ENGINEER may be required to provide p�oof of insurance
premium payments.
�i) The Commercial G�neral Lia�ility insurance policy shall have no
exclusions by e�dors�mer�ts unless such are approved by the
ciky.
(j} The Professionaf L�ability insurance �aficy, if written an a claims
made basis shall be mair�tained by the ENGINEER �ar a minimum
two' (2) year period subsequent to the term of the respective
PROJECT contract wi#h the CITY .unless suc� coverage is
pro�ided the ENGINEER on an occurrence basis.
�
(k) The CITY shall not be responsibl� for the direct payment of any
insurance premiums required by this agre�ment It is �nd�rstood
that insurance cost is a� alEowable companent of ENGINEER's
overhea�..
(I) All insurance required in section K, except for tl�e Professianal
Liability insu�ance poiicy, shall be written or� an occurrence basis
in �rder to be approved by t�e CITY
{m) Subconsultants to the. ENGINEER shall �e required by the
�NGINEER ta maintain the same ar reasona�ly equivalent
insurance caverage as required for the ENGINEER. Wh�n
insurance co���age is maintained �y subconsultants, ENGINEER
shall provide CITY w�th documentatian thereof on a c�rtificat� af
insurance. Notwithsta�ding anythir�g to the contrary eontained
herein, in the event a subconsui#an#s insurance ca�e�age is
canceled or terminated, such canceflation or termination shall not
constitute a breach by ENGiNEER of the Agreement
�. lndepend�nfi Consul4an4
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcantractor, agent, or employee of the CITY.
NY. �iscla�u��
The ENGINEER acknvwledges to the CITY that it has made fuli disclosure in
writ9ng nf any existing conflicts af interest o� pokentiai canflicts of interest,
including personal financial interest, direct or indirect, in proper#y a�utting the
proposed PROJECT and busin�ss relakianshjps with abutting property cities. The
EN�INEER further ac�Cnowledges that it will make disclosure in writing flf any
con#iicts of interest whicF� develop subsequent to the sig�ing of this contract. and
prior ta iinal p�yment under the contraci.
i�. A�bes�os or Ha�aPdous Subs�ances
(1) If asbesto5 vr hazardous substar�ces in any form are encou�#ered or
suspected, the ENGINEER wilf st�� its own work in the affected portions
of #�e PROJECT to permit testing and evaluat�on.
(2) If asbestos o� other hazardous substances are suspected, fhe
ENGINEER will, if requested, assist the CITY in obtaining the senrices of
a qualified subcantractor to manage the remediaiion activities of the
PR�JECT.
O. i�ermi4fing Auihorities - C�e�ign Changes
If permitting authorities require design changes so as to camply with pu�lished
design crit�ria andlor e�arrent �n�ineering practice standards which the executed,
-7-
the ENGINEER shall revise plans an� specifications, as requ�red, at its awn cast
and expense. However, if desigR changes are required due io the changes in the
permitti�g au#horities' pu�Gshed desig� criteria ar�dlor practice standards criteria
which are published after tha date of this Agreement which the ENGINEER cauld
�ot have been reasonably aware of, the ENGINEER shall �otify the CITY of such
cf�anges and an adjustment in compensation will be made through an
amendmer�k to ihis AGREEMENT.
��icle !!
OE�li��4ions ef �H� City
A��r��m�nts to Artic�e V, if �r�y, ar�e included in ,�t4achmenfi G.
A. �i4y-�ur�nished Dai��
The GITY wili ma�e a�aila�le to the ENGINEER all technicaf data in the CITY's
passession relating to the ENGINEER's services an the PROJECT. The
ENGINEER may rely upon tE�e accuracy, t�meliness, ar�d completeness of the
information �ra�ided by the CITY except when �erification is necessary to insure
the praper �elivery af services to be perfnrmed.
�, i4ccess 40 �ac�lifies �nd Properfy
Th� CITY wili make its facilities accessible to the ENGINEER as required for the
ENGINEER's perfarmance of �ts services and will pravide labor and safety
equipmen# as required by the ENGINEER for such access. ihe CITY will
perfarm, at no cost to th� ENGINEER, such tests �f equipment, machinery,
pipelines, and othe�r companents of the C[TY's facilities as may be req�aired in
connectian with the ENGINEER's services. The CITY will be responsibfe for aEl
acts af the CITY's personnel.
C. dd�er�isements, Permits, and Access
Ur�less otherwise agreed to in the Scope of Servic�s, the CITY will obtain,
arrange, and pay far all adue�tisements far bids; permits and licenses required
by iacal, state, or federal authorities; and land, easements, rights-of-way, an�
acc�ss necessary for the �NGINEER's services or PROJEGT construction.
�. iimely Review
The CITY w91f examine the ENGlNEER's stu�ies, reparts, sketches, drawings,
specifcations, proposa�s, and ot�er documents; obtain advica of an attarney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems apprapriate; and render in writing decisions
required by the CITY in a timely manner in accardance wiih the project schedule
in Attachment O.
�
�. P�ompi IVotice
The CITY w�ll give prampt written notice ta the ENGINEER whenever CITY
o�serves or becames aware af any development khat affects the scops or timing
o�F the ENGINEER's serv�ces or af any defect in tE�e wor�C of the ENGINEER or.
constructi�n cantractors.
�. dsbes�os or Ha�ardous Subs#ances and lndemni�cation
(1) To the maxim�m extent permitted by law, the CITY will ind�mnify and
release ENGINEER and its officers, employees, and subcontractors ffom
all claims, damages, losses, and costs, including, but not limited to,
attorney's fees and lit9gation expenses arising aut of or relatir�g to the
presence, discharge, release, or escape of hazardous s�bstances,
contaminants, or asbestos on or from the PROJECT. Nothing contained
hereir� shall be construed ta require the CITY to lavy, assess ar collect
any tax to fund #his indemnification.
{2) The indemnificaiian anc� release reg�ired abov� shal� not apply in the
event the dEscharge, �elease or escape of hazardous substanc�s,
cantaminants, or ash�stos is a result of ENGINEER'S negfigence or if
such hazardaus s�bstance, cantaminant or ast�estos is i�raught anto the
PROJECT by ENGINEER.
�. Gon�r�actor� In�emnification and Claims
The CITY agrees to ir�clude in aEl construction contracts the provisions of Article
1V.E. regardi�g the ENGINEER's Personnel at Canstruction Site, and provisions
providing cantractar indemnificatian of the CITY and the ENG�NEER for
contractor's nsgligence.
�. Contpactor Claims and �hird-�arr�y Beneficia�ies
(1} The CITY agrees tn 9nciude the fallflwing clause in a!I contracts with
canstruction contractflrs and equipment or materials suppliers:
"Cont�ac#ors, su�contractors and equipment and materiais sup�liers on
t�e PROJ�CT, or their sureties, sha11 maintain no direct actian against
the ENGWEER, its officers, employe�s, and subcantractars, for any
claim arising out of, in connection with, ar resultir�g from the engineering
services perFarmed. Only the CITY will he the �enaficiary ofi a�y
urtderta�ing by the ENGINEER."
(2} Th�s AGREEMENT gives no r�ghts ar benefits to anyane other than the
CITY and the ENGINEER and there are na third-pa�ty bene�iciaries.
(3) Th� CITY will includ� in eaeh agreement �t e�ter� into with any other �
entity or person regarding the PR4JECT a provisian that such entity or
person shall haue no third-party beneficiary rights under this Agre�ment.
�
(4) Nothing containea in this section V.H. sriall be construed as a waiver of
any righi #he CITY has to bring a ciaim agains# ENGINEER.
l. CIT1f's insu�ance
(1} The CITY may maintain property insurance on c�rtair� pre-exisiing
structures associated with t�e PROJECT.
{2) TF�e CITY will er�sure tF�at Builders Riskllnstallation insurance is
maintained a# ihe replacement cost va��e of the PR�JECT. The CIiY
may provide ENGINE�R a copy of th� policy or documentation of such
an a cer�ificate of insurance.
(3) The CITY wil! specify ihat the Buil�ers Ris�llnsta][atian insurance shalf be
compr�hensi�e in cov�rage appropriate tQ the PROJECT risks.
J. Lifiigation Assisiance
The Sco�e of Services does nat include costs af the ENGINEER far require�i or
requested assistance to support, prepare, document, bring, defer�d, o� assist in
litigation u�dertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, t�is AGREEMENT shall be amended or a separate
agreemant will be negotiated between the pa�ties.
�. �hanges
Th� CITY may rnake or appro�e cha�ges withirr the general Scape of 5arvices in
#his AGR�EMENT. If such ehanges affect the ENGlNEER's cosk of or tim�
required for performance of the ser�ic�s, an equitable adjustment wi�l be made
through an amendment to this AGREEMENT with appropriat� CITY approval.
A�icle Vt
�en�l°al Legal F�rodisions
�mendments to �.rticle ll�, if any, ar� included ir� l��fachment G.
A. �uthori�ation to Proceed
ENGINEER shal! be authorized to proceed wvith ihis AGREEMENT upon receipt
of a written Notice to Proceed from the CITY.
�. �euse af Projec4 Doeuments
A!I designs, drawings, specificatior�s, �ocuments, and other work products of the
ENGINE�R, whether in hard copy ar in elactrortic form, are irtstruments a�
service for this PROJECT, w�ether the PROJECT is completed or not. Reuse,
changa, or alteration by the CITY or by others acting through or on behalf of t�e
CITY of any such instr�ments of service withaut the written permission of the
-10-
ENG�NEER will �e at the C�TY's sale risk. The final designs, drawings,
specificatio�s and documents shall be owned by the GITY.
C. �o�c� N�ajeure
T�e ENG�NEER is not respansible for damages ar delay in performance ca�ased
by acts af God, strikes, lackou#s, accidents, or other ever�ts beyond #he controf af
the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated anly by the Ciiy far convenie�ce
nn 30 days' written notice. This AGREEMENT may be terminat�d by
either the CETY or the ENGIMEER far cause if either party fails
s�bstantially to perForm througf� no fault af ths other and does r�ot
commence correction of such �anperformance with 5 days af written
�otice and difigently complete the corr�ction thereafter.
(2} If this AGREEMENT is terminated for the canvenienc� of the City, the
ENGlNEER will be paid for termination expenses as fallows:
a) Cost of repraduc#ian af partia! or complete studies, plans,
specifications or ather farrns of ENGINEER'S work product;
�) Out-of pocket expertses for purchasing storage containers,
microfilm, el�ctronic data files, and other data storage supplies or
services;
c) The time req�itements for the ENGINEER'S personnef to
document the wor�t underway at the tim� the CITY'S termit�ation
for convenience so that the work effort is suitable for long-term
storage.
(3) Prior ta proceeding with terrnination services, the ENGiN�ER will submit
to the C4TY ar� itemized statement of alk termination ex�enses. The
CITY'S approvai wifl be obtained in writing priar to proceeding with
termina#io� services.
E. Suspension, De�ay, or In�errup�ion fo ►dRlaY�
The CITY may suspend, de�ay, ar inferrupt the services af th� ENGINEER for
t{�e convenience of the ClTY. In the event of such suspension, �elay, or
interruption, an e�uitable adjustment in the PROJECT's schadule, commitment
and cost of the ENGINEER's personnei and subcantractors, and ENGINEER's
campensation wii! be made.
�. Indemnifrcation
(1) The ENGENEER agrees to indemnify and defend the CITY fram any loss,
cost, or expense claimed by third parties for properky damag� and bodily
�14-
injury, including death, caused sole�y by the negligence or willful
misconduct af the ENGlNEER, its employees, officers, and
su�contractors in cannection with the PR�.�ECT.
(2} �f the negligence or willful misconduct af both the ENGINEER and the
C�TY (or a persan �de�tified abave for whom each is liablej is a cause af
such damage or injury, the loss, cost, or expense shail be shared
between the ENGINEER and the CITY in propartion to their relati�e
degrees of negligence or willfuE misconduct as detarmined pursuant to
T.C.P. & R. Code, Section 33,091 (�) (Veman Supplement 199fi).
G. L�ssignmerot
Neither parky will assign all or any part of this AGREEMENT without the prior
written cansent of the other party.
H. In4erpre4ation
LimitatiaRs on lia�iiity and indemn�ties in thEs AGREEMENT are business
understan�ings between the partEes and shall apply to al� t[�e different theories of
reco�ery, including breach of cantract ar warranty, tort including negligen�e,
strict or statutory liability, or any oiher cause af aetian, except �ar wiNful
miscot�duc# ar gross negligence far limi#atiorts of liability and sole negfigence for
ind�mnification. Parties means the CITY and the ENGINEER, ar�d their officers,
employees, ager�ts, and subcontractors.
I. Jurisdicfiian
The law of the State of Texas shafl go�em the validity of this AGREEMEN7, its
interpretation and pertormance, and any other claims related ta it- The �enue for
any litigation related to this AGREEMENT s�all be Tarrant County, Texas.
J. Aifiernate Dispute �esoEu4ion
(1) All claims, disputes, an� at�er matters in question �etween the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach af any obligation or d�ty of CITY or ENGINEER
hereunder, wilt be submitted to rnediation. If m�diation is uns�ccessFt�l,
the clairn, disp�te or ot�er matter in question shall be submitted to
arbitration if both parties acting reasonabiy agree that the amour�t af #i�e
dispute is iikely to be less tt�an $5Q,000, exclusive af attarney's fees,
costs and expenses. Arbitration shall be in accordance w�t� the
Constructian Industry Arbitration Rules' af the American Arbitration
Association or other applicable rules of the Association then in effect Any
award rendered by the arbitrators less than $5a,000, exclusive of
attorney's fees, costs ar�d expenses, will be fnal, judgment may �e
entered thereon in any court having jurisdiction, and wi11 not be subject ta
appeal or madification except to the e�ent permitted hy Sections 10 and
11 af the Federal Arbitratian Act (9 U.S.C. Sectians 10 and 11).
-12-
�2} Any award greater �han $�0,000, exciusive of attorney's fees, casts and
�xpenses, may be fitigated by �ither party on a d� novo basis. The award
shafl became f�nal ninety (90) cfays from tF�e cfate same is issued. If
litigation is fiied by either party within said ninety (9Q} day period, the
award shall b�come null and �oid and shal! not be us�d �y ei#her �arty far
any purpose in #�e litigation.
I�. S��e��bifi4y and �u�vi�al
If any of the provisions contai�ed in this AGRE�MENT are held for any reasan to
be in�alid, iliegal, or unenforceable in any respect, such invalidity, ill�gality, or
unenfarceabilfty will not affect any other provision, and this AGR�EMENT shall
be canstrued as if such invali�, i�fegal, or unenforceable pravision had �ever
been contained herein. Articles V.F:, VI.B., Vi.D., VI.H., Vl.l., anc! Vl.J. sha11
survive #errr�irtation of this AGREEMENT �or any Caus�.
L. Obs�rve �nd �omply
ENGINEER shall at all times a5serve ar�d comply with all federa4 anc� 5tate laws
and reguiations and with aIl City ordinances and regulations which in any way
afFect this AGREEMENT and the work hereunder, and shall observe and comply
with afl orde�s, laws ordinances and regulations which may exist or may be
enacied later by goveming bac#ies having j�risdiction or authority for s�ch
enac#ment. No plea af misund�rstanding ar ignorance thereof shal� be
considered. ENGINEER agrees to defend, indemniiy and hald harmless C�TY
and all af its affic�rs, agents and emp[oyees fram and against all claims or
liability arising out of the wiala#ion of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
-'�3-
►4rticle VII
�f4achmenfis, Schedules, and 5ignafures
This AGREEMENT, including its attachm�nts and schedules, enr�stitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed �y
a written amendment executed by both parties. The fallow[ng attachments and schedules are
hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensatian
Attachrrtent C- Amendments to Standard Agreern�ni for Engineering Services
ATTEST:
'!
..��.� - -
Gldria Pearson
City Secretary
���
,
� .���.
�.
CITY OF FORT WORTH
By: �C �
Marc Ott (�
Assistant Ci y Mana er
I va I r I�_, C� YILA<P ��
ConG���t 1���horS�a���n
� � � '� .
..�� '_ 5 ,� 'r ., ..��
Ldi��� - � ' •
APPROVED A5 TO FORM AND LEGALITY
%�
Asslstant City Attorney
-14-
APPROVED:
�
George e mane , . .
Director, Transportation ar�d Public Works
Department
TURNER COLLIE & BRADEN INC.:
By:
Stephen R. James, P.E.
Principal
� �u'i['V��G"�l� G_'i�'���Q�
`�t,,,�.f ��C�'�'���`�Q�!
! , .,t� ������� ��{o
ATi�►CH14��fd�' °`A"
Gene��l S�ope o� Services
Turner Coilie & Braden will perForm concept level drainage studies and pre�are an
opinion of probable canstruction cost to impro�e drainage at the following three
locations:
Morninaside Park - Spring 2a�2 storms produced heavy flooding of in 1000 block
af East Judd, East Cantey, and East Glen Garden Streets where a storm drain
runs mid-hlack through this area. Citizens report extensi�e high water. One
home has been flooded seven times in last 12 years {three times in past year).
Ffotsam, approximately nne foot deep by 60 feet wide, was noted on a chain link
fence. Storm drain plans of t�e area may be incomplete.
+ Milam--Robinhood - Undersized storm drain in East Meadowbrook contributed ta
mid-block home flooding in 69a� block of Robinwood and Meadowbrook Drive.
� Rvan's Southeast Addition- High water during heavy storms have been reported
in Ri�erside Drive and in '13Q0-1400 blocks of East Cantey, with much water
coming aff schaol site at end of Yuma Street. Sfofm drains east of Ri�ersicfe
Dri�e carry flow to Sycamore Creek, bui are suspecied of being und�rsized.
Basic Services
A. Re�iew and compile available �ata on fhe existing drainage system serving the
areas listed above.
B. De�elop drainage area maps showing c}rainage area di�ides and the existing
drainage sysfem from available information and field inspection. No field s�rveys
►will be perFormed.
C. Calculate 5 year and 100 year peak discharges at critical points in the existing
drainage sysiem using the Rational Formula.
D. Develop a conceptual drainage plan {one plan) to pro�ide 5 year and 10D-year
capacity irt the drainage system consistent with City of Fort Worth drainage
criteria. Include measures to avoid increasing drainage problems upstream and
downs#ream of problem area.
E. Determine the order of magnitude probable consfruction cost of fhe plan
dev�loped as described above, including 22 percent for engineering, inspection
and administration, If this cost is substantially higher than the amount
programm�d by the City, determine whether there is a reasonable project fhat
can be completed for the programmed amount.
6/28/2402 1/4
F. Prepare a naTrative describing the me#hodology and findings of this study
including one drainage area exhibit and one plan view exhibit per study area.
Il. Meetings and Deliverables
A. Kick-�ff Meeting—Engineer will prepare for and attend one (1) Kick-Off me�ting
with the City for the study.
B. Preliminary Review Meeting Within 45 worl�ing days after execution of
contract, Engir�eer will prepare preliminary r�port for and attend a Preliminary
Re�iew Me�ting to discuss findings and recommendations.
G. Final Rev�iew Meeting-1Nithin '14 working days after preliminary review
meeting, Enginesr will prepare final report for and attend a Final Review
Meeting to discuss findings and recommendations.
D. Final Report— Wifihin 5 working days afker final review meeting, Engineer wi[I
submit five {5} baund copies of Final Repvrt with aIl revisions included. Report
will be letter-sized format with 11 "x17" [bound] andlor 24"x36" [in pockets]
exf�ibits as appropriate, or ather acceptable format.
6i2812002 2/4
A��ACbI��RlT ca�rr
I. Compensa�ion
Turner Collie & Braden shall be compensated a to#al lump sum fee of $24,30a.
Payment of the total lump sum fee shal� be considere� full compensation far the
services described in Attachment A for all labor, materials, supplies, and equipmenf
necessary to complete the project.
II. f�aymen�
Turner Collie & Braden shall be paid monfhly based upon receipt of #wo (2) in�aices
from the Engineer based on the percentage of the work comple#ed.
Payment 5chedule; No more than 80% af the total lump sum fee will be paid unfil after
the Preliminary Re�iew mee#ing. AI� unpaid invoices up to the total lump sum fee will be
paid after submission of the fir�al repart.
6/2$/2D02 314
h9��1�9�r�l�a'1��� iif� 7
b
Amendmeni� �o S�andard i4greement �or �nginee�ing Service�
There are no amendments to the Standard Agreement far Engineering Services.
6128i2002 4/4
�UL—�1—���� 1���5 HUN
- {
�
��.��