HomeMy WebLinkAboutContract 28318 (2)�i�r o� �o�� wo���, ��x�s ���v ��CR��'��� - t `Y �
ST'p►T�D14�RD AGR��IN�NT �OR �NGINE�RIi�IC SF�����AC� �r9 a_ r„- .;�
This AGREEMENT is b�twe�n the City of Fort Worth (the "ClTY"), and Carter & Burqess. Inc.,
(the "ENGWEER"}, far a PROJECT generally described as: �ngineering Ser�icas far Alliance
Air�ort — Taxiwav H Pavement Repair.
Article I
Scope nf Se�►ices and �chedule
A. The Scope of Services and Schedu[e are set forth in Attachment A.
Ar�icle II
Compensatian
A. The �NGINEER's compensation is set forth in Attachm�nt B.
Article lfl
ierms of Paymeni
Payments to the ENGINEER tirvifl be made as foilows:
A. Inuaice and Payment
{1) The ENGINEER shall pra�ide the ClTY sufficient documentatian to
reasonably sufostantiate the invaices.
(2) Monthly invoices wi[I be issued by the ENGINEER far al! work performed
under this AGREEMENT. Invoices are due and payable within 3a days of
receipt.
(�} Upan completion of services enumerated in Article I, the final payment of any
balance will be cfue within 30 days of receipt of the final in�oice.
(4) In th� event of a dEsputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portian will be paid. The
CITY wil[ exercise reasonableness in contesting any bill or portion thereof.
Na int�rest will accrue on any contested portion of the billing c�ntil mutually
resaf�ed.
(5) If the CITY fails ta make payment in full to the ENGINEER for billings
contested in goad faith within 64 days of the amount d�e, the ENGINEER
may, after giving seven (7) days' written notice to CITY, sus�end services
under this AGREEMENT until paid in fu[I, including interest. In t�e e�ent of
suspension of services, th� ENGINEER shall have no I�ability to CITY for
delays or darnages caused the CITY because of such suspension of
services,
�� '� �'li'��l�:�G''�� � �
a
H:1TempWTonerVslliancelTwyr H Repalilcontracl.doc -� -
�rticle N
Obligatio�s of the FNGINI�FR
Amendments to Article IV, ifi any, are included in Attachment C.
A. General
The �NGINEER will serve as the CITY's prof�ssional engineering representative
under this Agreement, pro�iding professional engineering consultatian and advice
and furnishing customary services incidental thereta.
�. Standard ofi Care
The standard of care appfieable to the ENGINEER's services will be the degree of
skiil and cliligenc� normally employed in the State of Texas by professional
engineers or consultants performing the �ame or similar serviees at the time such
services are per�ormed. All design plans shall be prepared by, or under the direct
supervision af, a Texas licensed professianal e�gineer who is regular full-time
employee of the consultant company.
C. Subsurfac� Investigations
{1) The ENGINEER shall a�vise the CITY witf� regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface inves#igatiorts in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surv�ys, tests, and in�estigations shafl
be fiurnish�d by the CITY, unless atherwise specified in Attachment A.
(2) In soils, foundation, groundwat�r, and ather subsurface investigations, the
actual characteristics may �ary significantly betwee� successi�e test points
and sample intervals and at locations ot�er than where observations,
exploration, and inrrestigations 1�a�e been made. Because af the inl�erent
uncertainties in subsurface evaluations, changed or unanticipaied
underground canditions may accur that could affect the toial PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
respansibility of ti�e ENGINEER.
�. �reparation of Engineering �rawings
The �NGINEER will provide to the CITY the original drawings of all plans in ink an
reproducible plastic film sheets, or as otherwise appro�ed by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desir�s; provided, howe�er, that the ENGINEER shall not be liable for the use af
such draw�ngs for any praject other than the PROJECT described herein,
�. �ngineering �ersannek at Canstruc#ion Site
(1} T�e presence �r duties of the ENGINE�R's personnel at a construction site,
whether as on-site representati�es or otherwise, do not make the
ENGINEER or its personnel in any way responsible far thase duties that
belong to the CITY and/or the CITY's construction contraciors or other
H:1TempWTonerlPJ{iancelTwy H Rapairleontract.doo -2-
entities, and do not relieve the canstructian contractors or any oth�r �ntity of
their obligations, t{uties, and responsibilities, including, but not limiteci to, a!I
canstruction methods, means, techniques, sequences, and procedures
necessary for coardinating and completing all por�ions of the construction
work i� accordance with the Coniract Documents and any health or safety
precautians required by such construction work. The ENGINE�R and its
personnel have no aut�arity to exercis� any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except io the extent of specific site visits expressly cfetailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familia� with the
progress or quality o� the comple#ed work on the PROJECT ar to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accorcEance with
the Contract Documents, r�or shall anything in the Contract Doc�tments or
the agreement between CITY and ENGINEER be canstrued as requir[r�g
ENGINEER to make exhaus#i�e or corttinuous on-sit� inspections to
discover latent defects in the worK or otherwise check tf�e qualiiy ar quantity
of the wark on the PROJECT. !f, for any reason, the ENGINEER should
make an on-site obsentation(s), an the basis of such on-site observatians, if
any, the ENGINEER shali endeavar to keep the CITY informed of any
de�iatian from the Contract Documents coming to the ac#ual notice of
ENGlNEER regarding the PROJECT.
(3) When professianal certification ar performance or characteristics of
materials, systems or equipment is reasonably r�quired ta perform the
services set forth in the Scope of Services, the �NGINEER shall be er�titled
to rely upon such certification to establish materials, systems or equipment
and �erformance criteria to be required in the Contract Documents.
�. Opinions of �roqable Cost, �inancial Considerations, and Schedwles
(1) The ENGINEER sha[I provide opinions a� proba�le costs basecE on th�
current available information at the time of preparation, in accardance with
Attachment A.
(2) in providing opinions of cost, financial analyses, economic feasibility
praject9ons, and scY�edules for the PROJECT, the ENGINEER has no controf
o�er cost ar price of labor and materials; unknown �r latent conditions of
existing equiprrtent ar structur�s that rr�ay affect operation or maintenance
costs; competitive biclding procedures and market canditions; time or quaiify
or performance by third parties; qualifiy, type management, or directian of
op�rating personnel; and other economic and operational factors that may
material[y affect the ultimate PROJECT cost or schedule. Therefore, the
ENGINEER makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not vary from the
ENGINEER's opinions, analyses, projectians, or estimates.
H:1TempWTonerlAlliance�Txy H Repalr�cortractdrac -$-
�. Cons�ruc�ion Proqress ��yments
Recommendations by the ENGINEER to fhe �ITY for periadic constructian progress
payments to the canstructior� contractor will be based on the ENGINEER's
knowledge, infiormation, and belief from selective sampling and observation that the
work has progressed to the point indicated. Such recommehdatians do not
represent that continuous ar detailed examinations ha�e been made by the
ENGINEER ta ascertain that the eonstruetion c�ntractor has completed the work in
exact accordance wit}� the Contract Docume�ts; that the final work will be
acceptable in afl respects; that the ENGINEER has made an examination to
ascertain how or fior what purpose #he �anstruction cantractor has used the moneys
paid; that title to any of the work, materials, or equipment has passed to the CITY
free and clear af liens, claims, security interests, or encumbrances; or that #here are
nat other matters at issue between �he CITY and the cor�struction contractor that
affect the amount that shou�d be paid.
H, Record Drawings
Record drawings, if required, will be prepared, ir� part, on the basis af informatian
compiled and #urnished by athers, and rnay not always represent #he exact location,
type vf various companents, ar exact man�er in which the PROJECT was finaliy
constructed. The ENGINEER is not responsi�le far any errors or omissions in the
informa#ion from oth�rs that is incorporated into the record drawings.
I. �Vlinori�y and Vlloman �usiness �nferprise (iVi1��E) Par�icipa�ion
In accord with the C�ty of Fort Worth Ordinance No. 13471, as amended by
Ordinance 1378'{, the CITY �tas goals for the participatfon af rninority business
enterprises and woman business enterprises in CITY cantracts. ENGINEER
aeknowledges the MIWBE goal established for this contract and its commitment ta
meet that goal. Any misrepresentation of facis (other #han a negligent
misrepresentation) andlor the commission of fraud by the ENGINEER may result in
i�e terminatiart of tF�is agreemen# and debarment from particlpating in CITY
contracts fo� a period af time of nat less than three {3) years.
J. I�igh� fo Audit
(1 } ENGINEER agrees that the C1TY shall, untif the sxpiratian of three (3) years
after final payment under this cor�tract, have access to and the right ta
examine and pi�atacapy a�y directEy pertinent books, documents, papers
and r�cords of tf�e ENGINEER involving tr�nsactians relating to this cantract.
ENGINEER agrees that the CITY shall have access during no�mal working
hours to al[ nece5sary ENGINEER facilities and shall be pravided adequate
and appropriate workspace in order to co�ducf audits in compliance with the
pro�isions of this section. The CITY shall gi�e ENGINEER reasonable
advance not�ce of intended audits.
(2) ENGINEER further agrees ta include in all its subconsultant agreements
fi�ereunder a pro�ision to the effect that the subconsu[tant agrees that the
CITY sha[I, until the expiration of three (3) years after �nal payment under
the subcantract, have access to and ihe right ta examine and Phofocopy any
directly pertinent boaks, cfocuments, papers and records of such
subconsuitant, invoiving transactions to the subcontract, and fur#her, that the
H:ITemplJTonarlAllianca�Twy H Repairlconlracl.dac -4-
GITY shall have access during normal working hours to a11 necessary
subcansultant facifities, and shall be provided adec�uate and appropriate
work space, in ord�r to cflnduct audits in cornpfiance with the provisions of
this article together with subsection (3} hereof. CfTY shall give
subconsultant reasonable advance notice of intended auc�its,
(3) ENGiNEER and subconsultant agree ta photocopy such documents as may
be requested by the CITY, Tne CITY agrees ta reimburse ENGINEER for
the cost af copies at the rate publish�d in the Texas Administra#ive Code in
effect as of the time copying is performed.
K. �I�GIN��R'S Insurance
(1 } Insurance coverage and limits:
ENGINEER shall provide ta the CITY certi#icate(s) of insurance documenting
policies of the following coverage at minimum limits which are to be in effect prior ta
cammencement of work on the PROJECT:
Commereial Generaf Liabiiity
$1,OQ0,000 �ach occurrence
$2,00O,OOD aggregate
Automobife Liability
$1,000,004 each accident (or reasonably equivalent limits of co�erage if written on a
split limits basis). Caverage shail be on any vehicle used in the caurse of th�
PROJECT,
Worker's Compensatian
Caverage A: statutory limits
Co�erage B: $100,000 each accident
$500,000 disease — policy limit
$i 00,00� disease — each empioyee
Pro#essional Liability
$1,000,000 each claim/annual aggregate
$2,000,000 aggregate
� The retroactive dat� sha[I be coincident with or prior to the date af the
cantractual agreement and the certificate of insurance shall state that the
coverage is claims-made and the retroacti�e date. The insurance coverage
shall be maintained for the duration of the cantractual agreement and five (5)
years fiollowing completion of the service provided under the contractual
agreement. An annual ce�ificate of insurance submitted to the City shall
e�idence such insurance coverage.
(2) Certifica#es of insurance evidencing that the ENGINEER has obtained all
required insurance shall be def�vered #o the CITY prior to ENGINEER
proceeding with the PROJECT.
�a) Applicable policies shall be enforced to name the CITY an Additional
insured thereon, as its interests may appear. The term CITY shall
include its empfoyees, officers, officials, agents, and va[unteers as
�espects the contracted servic�s.
H:ITamplJTonei1AlliancelTwy N Repairlcontract.doc -�3-
(b} Certificate(s} of insurance shall docume�t that insurance coverages
specified according ta Sectiorr K.(1) and K.{2) af this AGREEMENT
are provided under applicable policies documented thereon.
(c) Any failure on part of #he CITY to request required insurance
documentation shall not constitute a waiver ofi the insurar�ce
requirements.
(d) A minimum of thirty (30) days notice of cancellatian, nan-renewal ar
material change in coverage shall �e provided to the CITY. A ten
{i 0) days notice shall be acceptable in ti�e event of non-payment ofi
premium. 5uch terms shall be endorsed onto ENGINEER's
insurance policies. Notice shall be sent to th� respective Department
Director (by name), City af Fort Worth, 10aD Throckmorton, Fo�t
Worth, Texas 78102.
(e) The insurers for all palicies must be licensed/approved to do
business in tl�e State of Texas. Except for workers' compensation,
all insurers must have a minimum ra�ing of A: VII in the current A.M.
Best Key Rating Guide ar have reasonabEy equivalent financial
strength and sol�ency to the satisfaetian of Risk Management.
(f) Deductible limits, or self insured retentions, affecting insurance
required herein may be acceptabEe to the CITY at its sole discretion;
and, in lieu of traditional insurance, any alternative co�erage
maintained thro�gh insurance paols or risk retention groups must be
also approved. Dedicated financial resources Qr letters of credit may
a[so be acceptable to tt�e CITY.
{g) Applicable policies shall each �e endorsed with a waiver ofi
subrogation in favor of t�e CITY as respects the PROJ�CT.
(h) The CITY shall be entitled, upan its request and without incurring
expense, to review the �NGINEER's insurance polic�es including
endorsements thereio and, at the CITY's discretion, the ENGINEER
may be required to pro�ide proof of insurance premi�m payments.
(i) The Commercial General E.iability insurance pollcy sha[I have no
exclusions by endarsements unless such are appro�ed by the CITY.
(j) The Prafessional Liability insurance palicy, if written on a claims
mad� basis shall b� maintain�d by t�e ENGINEER for a minimum
two (2} year period subsequent to the term of the respective
PROJECT contract with the CITY unless such coverage is provided
the ENGINEER on an occurrence basis.
(k) Th� CITY shall not be r�sponsibie for the direct paym��i of any
insurance premiums required by this agreement. It is understood
that insurance cast is an aflowabfe companent of ENGINEER's
overhead.
H:1TempWTonerSAllfancelTwy H Repafi'�con�ract.doc -6-
(I) All insurance required in Section K, except for the Professional
Liabiliiy insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subcons�ltants to the ENGINEER s�all be reguired by the
ENGINEER to maintain the same or reasonab{y equivalent insurance
coverage as requir�d for the ENGINEER. When insurance caverage
is maintainecf by subconsultants, ENGINEER shall provide CITY with
documentation thereof on a certificate af insurance. Notwithstan�ing
anything to the contrary contained herein, in the event a
subconsultant's insurance coverage is canceled or termir�ated, such
cancellation or termination shall not constitute a breach by
�NGINEER of the Agreemenfi.
L.
Independent Consultant
Tha ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
N�. �isclosure
[�
�
The ENGINEER acknowledges to the CITY that it has made fuil disclosure irt writing
of any existing conflicts af interest ar patential conflic#s of interest, including
personal financial interest, c�irect or indirect, in property abutting th� proposed
PRQJECT and business relationships with abutting property owners. The
ENGINEER furrher acknawledges that it will make disclosure in writing of any
conflicts af interest which de�elo� subsequent to the signin� of this contract and
prior to final payment under the contract.
Asbestos or Haaardous Sub�tances
(1 } If �5L]B5#QS or hazardous 5llI7S'�21C1CB5 in any form are encountered or
s�aspected, the ENGIN�ER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
wEll, if requested, assist the CITY in obtaining the ser�ices af a qualified
subcantractor to manage the remediation activiti�s of the PROJECT.
�ermitting Authori#ies � Design Changes
If permitting authoriiies r�quire design changes so as to comply with pub[ished
design criteria andlor current engineering practice standards uvhich the ENGIN�ER
should ha�e been aware of at the time this A�reement was execut�d, the
ENGINEER shall re�ise plans anci specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting autf�oriii�s' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENG[NEER could
nat ha�e been reasonable awate of, the ENGINEER shall no#ify the CITY of such
changes and an adjustment in compensation wil] be made through an amendment
to this AGREEMENT.
H:1TamplJTonerWlllancalTwy H Repalrlconiracl.doe -%-
Article V
061iga#ions of th� Gity
Amendments to Article V, if any, are included in Attachment C.
A. City��urnished Data
The CITY will mafce availabl� to the ENGINEER alE teehnical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENG[NEER may rely upon the accuracy, timeliness, anci eompleteness of the
information provided by the CITY.
�. Access to �acil'rties and �rop�rty
The CITY will make its facilities accessib{e to the ENGINEER as req�ired fior the
ENGIN�ER's pertarmance of its ser�ices and will provide la�or and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other companents of the CITY's facilities as may be required in connection with the
ENGINEER's services. The GITY wilf be responsible for all acts of t�e CITY's
personnel.
C. Ad�ertisem�nts, �ermits, and Access
Unless otherwise agreed to in the Scope of Ser�ices, the CITY will o�ta9n, arrange,
and pay for all ad�er�isements for bids; permits and iicenses required by lacal, state,
or fiederal authorities; and land, easements, rights-af-way, an� access necessary for
the ENGINEER's services or PROJECT construcfiion.
�. �'imely �e��ew
The CITY will examine the ENGINEER's studies, reports, sketch�s, drawings,
specifications, proposals, ancE other documents; obtain advice af an attarney,
insurance caunselar, accountant, auditar, bo�d and financial advisors, and other
consultants as the CITY deems appro}�riate; and render in writing decisions required
by the CITY in a tirr�ely manner in accorda�ce with the project schedule in
Attaehment D.
E. Prompt Notice
The CITY will give prompt notice to ti�e ENGINEER whenever CITY observes or
becomes aware o� any deve�opment that affects the scope or timing of the
ENGINEER's services or of any cfefect in the work of the ENGiNEER or constructia�
contractors.
�. Asbestos or Waaardous Substar�ces and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release ENGIN�ER and its officers, employees, and subcontractors from all
claims, damages, losses, and costs, inc[uding, but not limitec{ to, attorney`s
fees and litigatian expenses arising o€�t of or relating to the presence,
discharge, release, ar escape of hazardous substanc�s, contaminants, or
N:1TempWTOnsrifUliancelTwy H Repaii'�contract.doc �8-
asbestos on or from the PROJECT. Nflthing contained herein shall I�e
construed to require the CITY to levy, assess or colkect any tax to fund this
indemnification.
(2} The indemnifiication and release required aba�e shall nat apply in the event
the discharge, release or escape of hazardous subsfances, contaminants, or
asbestos is a result of ENGINEER's negligence or if such hazardous
subs#ance, contaminant ar asbestos Es brought onto the PRQJECT by
ENGIN�ER.
G. Contraciar lndemn'rfication and Claims
The CITY agrees to include in a[I construction contracts fi�e provisions af Article
IV.E. regarding the ENGINEER's Persannel at Construction Site, and provisions
pro�iding contractor ir�demnification of the CITY and the ENGINEER far contractflr's
negfigence.
H. Contractor Claims and ihird-�arty �eneficiaries
(1 } The CITY agrees to include the fol�owing clause in ail contracts with
construction contractars and equipment or materials suppliers:
"Contraetors, subcontractors and �quipment and materials suppliers on the
PROJECT, or their sureties, shal! maintain no cEirect action against the
ENGINEER, its officers, employees, and subcontractors, for any claim
arising out of, in connection wit�, or resulting from th� engine�ring servic�s
performed. Only the CITY will be tY�e beneficiary of any undertaking by the
ENGIfWEER."
(2) This AGREEMENT gi�es no right or ben�fits ta anyone other than the CITY
and the ENGIN��R and there are no third-party beneficiaries.
{3) The CITY wilf include in each agreement it enters into with any other entity or
person regar�ing tne PROJ�GT a pra�ision that such entity or person shall
ha�e na third-party beneficiary right� under this AGREEMENT.
{4) Nothing contained in this section V.H. s�al[ be construed as a waiver of any
right the CITY has to bring a c[aim against ENGINEER.
I. CI�1C's Insurance
{1) The C1TY may maintain properry insurance on certain pre-existing
structures assaciated with the PROJECT.
t2} The CITY will ensur� that Builders R[s�cllnstallation insurance is maintained
at the replacement cost value o� the PROJECT. The CITY may provide
ENGIN�ER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/lnstallatian insurance shall be
comprehensive in coverage appropriate ta the PROJECT risks.
H:1Tamp�.lionefJt4liancelTwy H Repairlcontract.dac -�-
J. Litigation Assfstance
The Scope of Services does not include costs of the �NGIN�ER for required or
requested assistanee to suppor�t, prepare, documen#, bring, defend, or assist in
litigation undertaken ar defendad by the CITY. ln the e�ent CiTY requests such
services of the ENGINEER, this AGREEM�NT shall be amended or a separate
agreement will be negotiated between the �arties,
K. Changes
The C1TY may make or approve changes within the generaf Scope af Services in
this AGRE�M�NT. If such changes affect the ENGINEER's cost of ar time required
for performance of the services, an eq�itable adjustment will be made tY�rough an
amendment to this AGREEMENT with appropriate CITY approval.
Article VI
(�eneral Legal Pro�isions
Amendments to Ar�icle VI, if any, are included in Attachment C.
A. Authoriza#ion #o �roceed
ENG[NEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed fram the CITY.
B. Reuse of �roject �ocuments
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or r�ot. Reuse, change, or
alteration by the CITY or by others acting through or on be�alf of the CITY of any
such instruments of service withaut the written permission of the ENGINEER wili be
at the CITY's sole risk. The final designs, drawings, specifications and documents
shall be owned by the CITY.
C. �orce fi�ajeure
The ENGINEER is not responsible for damages ar delay in pertormance caused by
acts af God, strikes, lockouts, acci�ents, ar other events �eyond the cantroi of the
ENGINEER.
�. ierminatian
(1) T�is AGREEM�NT may be 'terminated anly by the Ci�y for convenience on
30 days' written natice. This AGR��MENT may be terminated by either the
C1TY or the ENGINEER for cause if either party fails substantially to perform
thraugh no fault of the other and does not commence correction af such
nonperformance within five {5) days of written notice ar�d diligently complete
the correction thereaft�r.
H:ITempUTanerSAllianceiTwy H Repsiilconlracl.doc -j �-
{2) ff this AGREEMENT is terminated #or the con�enience of the CITY, the
ENGINEER will be paid for termination expenses as follows:
(a)
(b)
Cost of reproductior� of partial or complete s#udies, plans,
specifications ar other forms of ENGINEER's wark product;
Out-of-pocket expenses for purchasir�g storage containers, microfilm,
electronic data files, and ather data storage supplies ar services;
(c) The time requirements for the ENGINEER's personnel to document
the wark underway at the time the CITY's termination for
convenience so that the work effort is suitable for lang time starage.
�.
(3) Prior to proceeding with termination services, the �NGINEER will submit ta
the CITY an itemized statemeni of ali termination expenses. The CITY's
appro�al will be obtained in writing prior to proceeding wit� ter�nination
ser�ices.
5uspension, �elay, or Cnterruptlon to Work
The CITY may suspend,
canvenience of t1�e C�TY
equitable aeEjustm�nt in
ENGINEER's personnef
be made.
delay, or interrupt the services of the �NGINEER for the
In the event of such suspension, delay, or interruption, an
th� PR�JECT`s schedule, commitment and cast of the
and subcontractors, and ENGfNEER's compensatian will
�,
Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, ar expense claimed by third parties for property damage and badily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGIN�ER, its emplayees, officers, and subcontractors in connection
with the PROJECT.
(2) If the negligence or willfu! misconduct of both the ENGfNEER and the C1TY
(or a person identified above for whom each is liabl�) is a cause af such
damage ar injury, the lass, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relati�e degrees af
negligence ar willful miscor�duct as determined pursuant to T.C.P. & R.
CocEe, section 33.011(4) (Vernon 5upplement 1996).
�. Assignment
Neither party will assign all or any part of this AGREEMENT without the priar written
consent of the other party.
H. Interpretation
Limitations on lia�i{ity and indemnities in this AGREEMENT are business
understandings between the part�es and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict ar
statutory liabifity, or any other cause of action, except for willfuE miscvnduct or grass
negligence for limitations of liability and sole negligence for indemnification. Parties
H:1TempWTonerVuliancelT�+ry H Repairtcontract,dao -1 1-
means the CITY and the ENGIN�ER, and their affiicers, employees, agents, and
subcontractars.
I. Jurisdiction
The law of th� State of Texas s�all govern th� validity of this AGREEMENT, its
interpre#ation and performance, and any other claims related to it. The venue for
any fitigatian refated to this AGREEMENT shall be Tarrant County, Texas.
J. �Iternate �ispute �eso[utivn
(1) All cla�ms, disputes, and ather matters in question between the CITY and
ENGIN�ER arising out of, or in connection with t1�is AGREEMENT or the
PROJECT, or any breach ofi any obligation or duty of CITY or ENGINEER
hereunder, will be submitted ta mediation. if inediation is unsuccessful, the
claim, dispute or other matter in questions shall be submitted to arbitration if
both parties acting reasanably agree #Y�at the amount ofi the dispute is Gkely
ta he less than $5Q,D0�, �xclusiv� of attorney's fees, costs and expenses.
Arbitratian shall be in accorc�ance with the Construction Industry Arbitration
Rules of the American ArbitratEon Association ar other applicable rules of the
Association th�en in effect. Any award rendered by the arbitratars less than
$50,000, exclusive vf attnrney's fees, costs and expenses, will be final,
judgement may be entered thereon in any court ha�ing jurisdiction, and wi11
not be subject to appeal or modification �xcept ta ihe exient permitted by
Sections � 0 and 11 af the F'ederal Ar�itration Act �9 U,S.C. Sections 10 and
11)
(2} Any award greater tha� $�Q,OaO, �xclusi�e of attorney's fe�s, costs and
�xpens�s, may ba fitigated by either party on a de novo basis. The award
shal[ become final ninety (9D) days from the date same is issued. Ifi litigation
is filed by either party within said ninety (90} day period, th� award shall
b�come null and �oid and shall nat be used by either party for any purpose
in the litigation.
K. Severa6ility and S�r�i�a!
If any of t}�e provisions contained in this AGREEMENT are he[d for any reason to be
�nvalid, illegal, or unenforceable in any respect, such in�alidity, illegality, ar
une�forceabilify will not affect any other provi5ion, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenfarceable provision ha� never been
contained herein. Articles V.F., VI.B, VI.D, VI.H, and VI.J shal] survive termi�ation
of this AGREEMENT for any cause.
L. OE�ser�e and Camply
ENG[NEER shall at all time abse�ve and compfy with all federal and State laws and
regulations and with all CITY ordinances and regulations which in any way affect
this AGREEMEfVT and ihe work hereunder, and shall observe and comply wfth all
orders, laws, orc{inances and reguiations which may exist or may be enacted fater
by gaverning bodies having jurisdiction or authority for such enactment. No plea af
misund�rstanding or ignorance thereof shall �e considered. ENGINEER agrees to
defend, indemnify and hold harmless CITY and all af its officers, agents and
employees from and against all claims or liability arising out of the violation af any
such order, law, ordinance, or regulation, whether it be by itself or its employees.
H:ITemplJTonerUUllencelTxy H RepairVcontract.doc -12-
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT,
supersedes all prior written or oral understancfings, and may only be changecf by a written
amendment executed by both parties. The following attachments and schedules are hereby made
a part of this AGREEM�NT.
Attachment A— Scape of Ser�ices and Schedule
Attachment A-� — Project Layout
Attachment B -- Compensatian
Attachment B-1 -- F�e 5ummary
Attachrnent C— Amendme�ts ta Standard Agreement for Engineering 5ervices
�xecuted this r� � day of ���� � . 20;,�,.
r
ATT�T:
�`
.
. , ' _ �.
Gloria Pear n � '
City Secre ary
CfTY OF RT W RTH
By: .
Marc A. Ott
Assistant Cit�Manac7
APPROVED AS TO FORM
AND LEGALITY
�
Gary SteinBerger
Assistant City Attorney
ATTEST:
,,. �4. _ , _'_ -
. �..�.,
Contract Authorization
Date
APPROVAL RECOMMENDED
�1�C1 Y�
A. Dauglas Rademaker, P.E., Director
Department of Engineering
CARTER & BURGESS, INC.
— _��� j �
♦ `_ . .�
�had B. Brundr t ,
Senior Vice-President
H:1TempWTona�9AJ3iancal7wy H RepaiAcontract.doc -13-
�►f4achmen4 ,�
SCO�E Oh SE�VIC�S �R�D SCb��U��
A►Iliance Airpor�
ia�ciway H �ar�emen� Repair
Carter & Burgess, Inc. will prepare construction documents for the repair of pavement along
Taxiway H, just east of the intersection with Taxiway A, at Alliance Airport. The airField
pavement in this area has settl�d, farming a depression in the taxiway.
iopographic Survey
Carter & Burgess will prepare a topographic survey of the project area. The topographic survey
will identify pavemenf elevations, pa�ement joint lines, pa�ement markings, airfield lights,
airfield signs �nd other surface feaiures within the praject area.
�onstrucfion Documents
C&B will prepare the necessary constructi�n plans and specifications to remove and repface the
pa�errt�nt that deviates from the desired profiile of the taxiway. The plans urriil include the
following items:
• Ca�er Sheetllndex of Drawings
� FAA Cans#ruction Safety Plan
� Site PIanlContractor Access Plan
� Erosion and Sedimentation Control Plan
• Taxiway Closure Plan
• Pavement Demolition and R�placement Plan
o Construction Deiaiis
A specificatian boak wi�l be prepared and will contain the City of Fark Warth's standard
information for constructian cantracts, special pravisions, FAA general provisions and technical
specifications.
A tatal of 40 sets af plans and specificatians will be furnished to the City of Fort Worth fiar
bidding purposes.
An Er�gineer's estimate of construction cosf wifl be prepared.
The estimated duration ta complete the survey a�� construction documents is 8 weeks.
Construction SupPorf Services
During the construction phase of the praject, C&B wil� attend the pre-construction meeting,
review and appro�e material submittals, respond to requests far information, �isit the site and
prepare a punch list and conduct a final inspectian of tne work. The estimated duration af the
construction is appro�mately 90 days.
•yv'�:s�:.t••.�rr�+��91iF�`•�M��;`f{,-e�y'�r��'�`�*'•" ' "1 7:
� /_ �� • I t If 4�i',�-_' IA' 1 �K, 5. 4;,tL K, .'.}��_"i #f.
-#' Si•` fi � ���'"nj•' � � ' u% -/ ,' :`F .,
* y�{,`� YS ;� ��.� J a,_ � 1 {�'L:.#i't r.�x��' . -� ,� /{I+ .' f
hy + [+ . � �, _ 'y'y� �� '_ 1. , �4�i�'�' � , f �� �e f ' ' r��
�'1�$r �t� ,• �'T�• • '. i-� � 'i:. _ _1�' t� t/,_�;�F�.�
.++ � 5t /1� y. J � . �� � � �" }• /f h
� , � � ,�r. ,r; � i� .,r { ���.'-,-5�'�y �;
�y ,�M1 �4I ~ �� . ��� �.� ��,�'�e �jF J � + ` �`� . �� }� r� #� �
�•r�,_.-.`-,.'f,='•,':�7}',r' ,r,..-.>'.F;.lr,`,�"i-y,�?L'F' f. re�.,.,.l. �} f.
�• F1Y1 +`L � t rl F � '+.t'.. _ • �+5. " j _'��:�' � '�+
�F �� �� .� '''-� i • i y,�, - 'Tk � :4fr�" ',�'�+ �'',• '}� � �
� �. .,'..t . , f-� i,
i-� +!i'�;'"•"�,�F `?yr},t:? �' -}� ^•a"rS:f#' �'�' .�{�fy+ ' F
�� ��I���siL.'�i, :'�+ ��.��y� '`�L�±' ��fif_'�;� _�+�r-'!{: .
�'? jl'�: * � * � r � J'� a u. i°w l. - .�� f { •� ,�,` . � �
r � *�' i } • F • . _� y1_ � # _� . . . r � .:�1 fS h
�i ,.�, �* t,..� , . :_ ; . . fp I -
•:�. �'.-'�.}- t�,�,:,�'.�;�#��.'.,`',j"�:�p� ���.r��.ri.��w--�' - � '
+�_,.'��- ''^��_.?��. �• �aJ� +,.I.-��4{i'�•�}#�A��, �
- '�f�k� : �'; T"1�_ ':4 ,�'`{ • ,j H , f�( �� +� ++L{� � ' �
+,�y;.:�:: y r= !,+ _.r,�i i}��1r'. rt. �"�;r'.�. R
, ���.. ' #l1' *�'L+�= r�}.+i; ' ��.� r�• • �'�}��+#i{�!•' ` }�
'�.•�c� .' i �}_ }'' rt� �"� i
.;- . .. , � r � r� _ �
�� +' ++ ''•�� .� }J� � '�f `~IF' � - � f
ry�•4*M1~• `��I� I �f f � � y�� .�
_ • . �� .�+ r '-�'��l';,i.` �� � . Jr :.�-i .. � � -. � 1
•+:y- T '� � � f,. } ,�,}r.;,:. . . r
1 ��� '� �'� �.1r� • #! � �. FF 4 ' �
� �� � i ��'- �� �.•�_- r/ ��'�� �1'F-J'�4. ,��"` ' � �
'1�' ,+. L . ' 'f�` �� .1 ��.y�.,#�
Y��'�' �.r��_ Y� ` �.' � F� I 1, �- z _ . .
�' �l' � .� i', r �I.fl 1 �_�y' ��I' � ' �
-•7yti•t�'f�4� . ,��J,�i•�j' { � •�����,.' , . �.
�'''+T ' .., �
��7 �� {.•. .-�#.�k' -��: �15�' • -�,: �� ! �'�'�`�`�i ` . . . 4
�. !�. ��.i._-' - J��•,�+�,F, +��.4.'��{-" �?'4' �
1 r�` � +��, L! +I+ �'�� } �'''�'���' �' � ��' � �'' F F -
,� `• •- !=".` � �i x',�` .a, � ,r-��','' ,.v ,r_;
{ r. �r7� I�"?
��.�'.�:Y"�r�•'fr .'/r��f1. `yh�!r�!' � '?'.i.�.', �i �it�i�
!�T • +. 5'- ��/}jl'� f•s�s.� � + ''
�� + ' ? f i�i 9 ` _ � �' � h.t�. � -V" � } / 4 �
- - il .�� - � , ,_'L F`. ��� r1�. �=�i
lil �f .`.y y�. •�� �L-'.�1����+1�: `� � ����',� _ 1��1,�-,l�}�L'�:i' �_�i
�'Ty � � '•� ` �4�,ti�~fXi ,�� �_:1�'#'
F � � �. �l . ,,.'����, ,�:, y �-� , J � . • -
'�, , � ' : r : ';,•, �'. -�;�; f' . - ' }�' . { � + �Y_ .
f `� �f� �� r "�{ �irt � _
� Jf�#�f�f � y�.. � �" i`,` � '� � '}��'' .�? � VM� �
f f �'h� ` .•- \?'x' �. ' �'�� + . 1�
' y +' " � ., f �. �. �J5��1 Y��� _.: '_ r�� . i�{ r
Ir.�.' fffrY t�;y%��-,;'�'r,,� �' x' ��{ .{ -.�
��. .l '"�'F'*.�c-•,� �.�` � ' �ta'.# � �r'.•..
!' :��_ - •{�' �'.- ��.- � � •ii� 4 j��F �- f
S��- ' }' _.'�' :�1'� :,� � t :' ��' �' c - :+e;, 4#�,'•f �"�� F ,
�i� :fry��M�`�. ,�.:�_4, �� ` ,
.-7��_.5:-��' �:�r_•_l� '-ta� �• .�YL.¢},'+* �
�., , - - �: �--s .,.r,,;�, . ,
�, ...';.. _ `�i.'���.���i ��'-�� .i._.'`.Zry�� �
t I� - . ��Y��S• �'4 �+ . � * r., ��.., ,
rn`_:+ �� � ' .:4=-I S ..r'
`i .5, ��. "- „ ��_'� ,L- �" .1`•"_ ' -'
��. , . i� i--'. ' - '- *�` -
_4. .ti.y � h .
�`*`.- :�I.-�__� �•'�;.��;:y;�C �" � � ,- ��'f;. �� .
r . �?• .. '-'..:. J;. + �.�/ � '+{"'.
� �.0
i.;y+�.':iS�-.�i; _ ���_..'.. � -:J , ��p,;�_4. .
��j ��. W:.,�;�f.��• k;� r ``� },: � ;�#'la:
. yr � # � � { � + '�, � '
�''_ . , t" '� _ �,T' .1' i _ 4� .
r ' I � �' _ � . � � � f Fr I � ! . � . . � .
�'' '.JJ' -r� ':� '+'+� �'C r-- .t���= ,
i'�:; . ' ;�"'�;�,� . � � �- ''a�5 ' _
,�: _T � � f. _�1 :'�_.''r :i. •'� _ � 'k + '�x,jf'�ral.�,
Y.C:?,�v . - ;� • ; �S-�d � ' �r, �t.,.t ,
i ���F�."��a. . -' - �' � `�1.'`"r��+i��� ' _ .�J I �i . i.' � } ' . �
,nr.-�',.'.-_"-�i'_''�� �.�J+ 7,F f,��•. �.- '� '} �"'' . _ .
k` . � � � `� �''i:t'*+ .I� ` ' iY".-` J �. .
� , -;r, � ,. .{ .'�� �• " -•.I,.
�J�F_L_ �,5'�.�'F.±~�:5�x*f ly' .+'l. .. �io..,ti� �� .
'r �l" �• +.' y- `.� �- �i�"i�{* � Y' �
4 ,'}'•�] .+'4 �, �f+ �Y'�'+��� �� i'°+ . � �� �'IV
��,��� . � —"'�: .� .,r. „• �4 �':�,� �� ' ,,{,..�
l.irA.s�7.S.'+.#I���ks:.ic`e - • .
�
�
{' }
I
�
�
�
�
�
���/
I.L.
��
1 µ
��
��_�
r.
�
�
i �
��� �-� +�4 +�r��.^,,--'*� r � S� Y� p: �y �
' } _ . . •� '' �+ : `' yY� � i .�i �`� �` ..
-,� _� `�wk ' '.i 9 � Q� ` �� � � x+ �-4
,��` . '- � �.� +�y iT � r �r � � � '� �
�54�1�.�.`� . " f i � �_K��''���.` , _ �F' . 4s
�'{ # ` �, +� _..:1� �1`7t �.:
r�+-� � s +
Cl��.'� _ .r. _ �r;.f��� ���`.v__';�
.. � I � � # 7 r� �
_ d �.� +I �
� ��� . ' ; t. •� �� �� �� � �
}t I�'1
. �'YT "��� � L�(,��
� �
�. . �;-�:�
. � �� F {,7 �
' � - I-� '�+ �
. ��•,�'.Y� ���� *�
' � - '�i�=� �,
, ._ �- � i � ` �'+r*-� . . . � � ���- ��; --y.iy{ ��
' -.. � � � � r` ;s � — ' + ..
_ � � �� '� ' �
. . �� ._ �a _ ,
' � :; � � �F - � - � .. .
. e I I
.,� �
' _ , I i
�' `� '' I � - } _.
. •' 1� �
r , � �_ �. .� `�,
� : jjr , ,'- , •: •_ . �. 2, _ .�. ., _.� «-:_,,-�-.�-�,.�-r{-, }
rr `y{ I y��•4 ".{t i� �' ' rt" +l4�� ' .�2�4t .� � f • i ..
���r_ , ya1.���3'T�e..�-
. . � � i � /! /�1 T Ywf ��
� ' _� ' � _ '' 4�,'S'.+� �..��rr���..'' . ti'.��j L
� . . Y�,.
. � . � f �: ,..,r. _ � _ "�-..- � . � ... �: r•�s, �--- �-+. �'.'� �-„�'�
�iF.ti �-1'� �5 ,.R �.i�.Ll_'�� �.
• i; �; .. # � �4 I tl � _ri ` F , ' . .
. 'I -1 � r. _ ' _ ... .....
. 1 � �� ,` � , _ . �.._..�.�.�..-
_' t . +�, � �� ' ----' -' -- �' ' - � � ..... � � .—....,
. � i �i; ' ,�, • . . - . - .
� .Y � ' -� F i.{ f � .
� �_;� _�-; '� ~ ; .- -- -----�----.. . . .
. "� � ` � r � � � � �+� .
r � � . ,� y I ♦♦ ' � , `' � . '
. � � � � • � w � h ` � ~ ,
� � J � f i' 5 . � � - . , ' :'_ r � +- .
=C' _�.- S �. . � ry - �_, � ' �.� . � +x :.' '�ti
� - T ' yr i;� . ��� � �r . , _ .l - - LT:�,j�`f��!�f,i!r��:
� � ' � I � . � � � � + � ..ik�G�1�l�GT�_�{ S
� \ � �.}�+.f."'�i'.�%t #f
, , ,; � i �� � � , � �:a � ' . .�1'_,�:�.i;; i^L:ti��i
r � � , / �� �- �'+ �� �. .�-4
ly . � � 1. .� J .a _ . ��� F_ - r-� � -
, ..' � �::,�:..w..
q -' t ' '� ' ' ' 'f :l:,.Y:�.�t:.,�' .15.�
�� �'�_; ;�;��� l��a�.� ' ;, . _ . �,�; �_� �.-�_'t:.
��/
^
�
�
�
�
�
�
T �
� �
�
�
�
�
�
�
�
�
�
0
0
Cl7
O
d
�
?f
� �
L�I
J
Cr
�
�
� I
Atfiachment �
CO[�AAP�I�S�►"f19R!
�,[liance dirport
�axiv+�ay H ��vemenf Repair
Carter and Burgess, Inc. w�ll be the prime "Engineer". Tt�e total amount for the contract is
$� 9,490.87.
The Engineer shall be compensated a total lump sum fee for the praject. Payment of the lump
sum f�e shall b� considered full compensation for the services described in Attachment A for all
labor, materials, supplies, and equipment r�ecessary to complete the serviees.
The Engineer shal{ submit mon#hly invoices to the City for all worl� pertormed under this
agreement set forth in Article III, Terms of Payment. The manthly inv�oices will contain a
description of the tasks performed for that particular month, percent complete for each task,
amount budg�ted for each task, partion ofi budget amaunt expe�ded, previous bi[ling totals, and
totals for invoice.
The following pages provide a breakdown of the cost associated rrvith the project.
Attachment B
COMPENSATI�N
Carker & Surgess Fee Proposal
Design Ser�riees
TaxEway H Pavem�nt Repa4r Project
Alllance Alrport
� Lai�or FEaur Estima4e
�
�
�Site Visif
�Prepare FAA Canstructifln Safety Plan
�Cover Sheefi/fndex of ❑rawings
�Site PIan/Contractor Access Plan
�Erosion/Sedimentation Control Plan
�Taxiway Closure/Demplitipn Plan
�Pa�ement Replacement Plan
�Erosion/5edimsntation Control Details
�Miscellaneaus D�tails
� Pavement & Joint �etails
�Coordination Meetings
� QA/(�C
�5pecifications
�Construction Cost Estimate
Total Hours
Fes Proposal
Project Principal
Project Manager
Senior Engineer
I'roject Engineer
CADD Technician
Administrative Assista�t
5alary Cost
Overhead Rata �
5ub - Total
Profit C�
C&B Labor Cost
C&B S�r�ey Cost
�xpenses
lNilaage
Courier
Printing & Plotting (4a 5e#s)
Repraduction
Total Expenses
Project Project 5enior Project CAQp Admin I
Dfrector Manager �ngineer �ngineer Technician AssEstant j
�
4 4 �
2 8 4�
2 A �
A 4 �
A. 4 �
1 4 4 �
4 S 4 �
2 4 �
4 4 �
2 4 4 �
4 8 �4
2 6 4�
2 4 �
�
0 25 Q 62 32 81
Hourly Hours Labor
Raie Cost
$ 58.00 0 $ -
$ 37.28 25 $ 931.50
$ 42.00 0 $ -
$ 32,�0 62 $ 1,984.OD
$ 23,25 32 $ 744,04
$ 16,fl0 8 $ i 28.Oa
$ 3,787.54
176.72%a � 6,693.27
$10,46fl.77
15% $ 1 �572.12
$12,052.89
$ 1,500.D0
$ iaa.00
$ 100.00
$ 250,00
$ 250,00
$ 700.00
Yotal Cost $14,252.89
Attachment �
COMPENSAiION
Carter & �urgess �ee �ropasal
Construction 5uppor� Ser�rices
Taxiway H Pavemen# Repair Project
Alliance Airpor#
� �ahar Hour �stimate
�
�
�Attend Pre-ConstructEon Meeting
�Re�iew & approve shop dwgs & submittals
� Respond to RFIs
� Site �isits (2)
I Final Inspection
� Prepare Punch List
� iotal Hours
�abor Cost
Praject Manager
Project �ngineer
CADD Technician
Administrati�e Assistant
Salary Cost
Overhead Rate at
Sub Total
Profit at
�otal C&� Lahar Cast
�xpenses
Mileage
Courrisr
Reproduction
�ntal �xpenses
�o#al Construction Support Services
�roject Project CADD Admin I
INanager Engineer Technician Assistant �
�
4
12
�z f
s E
4 4I
4 4�
�
�
D 44 0 SI
Houriy Hours Salary
Rate Cost
$ 37.26 0 $ -
$ 32.00 44 $ 1,408.OD
$ 23.25 0 $ -
$ 16.00 8 $ 128.00
$ 1,536.00
176.72% $ 2,714.A2
$ 4,250.42
15% $ 637.56
$ �4,887.98
$ 100.00
$ � 50.00
� � ao.00
$ 350.00
$ 5,237.98
Attachment �-1
�Iliance A�rpor� iaxiwra� b ��vemen� Rep��r
�'ask �is� and Summary o� �'ees
Decemher 78, �00�
Item �as�c �ee
1 nesign (Carter �urgess)
Labor $ 12,�52.89
�xpenses $ 700.00
iotal $'[2,7a�.89
a Design 5urvey (CarEer �urgess)
Labor $ 1,500.00
Expenses $ -
�Otal $ 1 r�Q0.00
3 Gonstructian Support (Carter �urgess)
Labor $ 4,887.98
�xpenses $ 35�.00
7oial $ 5,237.98
Total �ee $19,49fl.�i
Attaehment C
Af1��fVDIUYENi�
Afliance Airport
iaxiway H �avement F�epair
Af1If�NDM�I�li�
A.
�.
C.
Article N, �aragraph I. The CITY has established a clisadvantaged business
enterprise (DBE) goal of 30% for this cnntract.
�rticle IV, �aragraph K{2) (a): The CITY will not be named as "additional
insured" on the ENGINEER's professional liability and worEcer's campensat3on
polieies.
ArticCe VI, �aragr�ph B: The �NGINEER shall not be liable for any use of suc�
ciesign documents on any ath�r project.
S��CIA�, �R�VI�I�NS
A. Changes of Work: The ENGINEER shall make such revisions in the wark
includ�d in this contract which has been campleted as are necessary to correct
errors appearing thereEn when required to da so by the City without undue delays
and without additional cost to the CITY.
If the CITY finds it necessary tn request changes to previously satisfactorily
completed work or parts thereof, the ENGINEER shall make such re�isians if
requested and as directed by the CITY. This will be considered as additional
work and paid for as specifi�d under Additianal Work.
�. Additional Wor�; Wark not specifically described under "5cope of Services"
must be approved by supplemental agreemenf to this car�tract by the CfTY
befare it is undertaken by the ENGINEER. If the ENGfNEER is afi the opinion
that any work he has been directed to perform is beyond the scope of this
agreement and constitutes extra work, he shall promptly natify the CITY in
writing.
In the e�ent the CITY finds that such work daes constitute extra work, then the
CITY shall so ad�ise the ENGINEER, in writing, and shall provide extra
compensation to #he ENGlRIEER for doing this work on the same basis as
co�ered under Campensatian and as provided under a suppiemental agreement.
The lump sum fee shall be adjusted if additional work is approved by
supplerriental agreement and performed by the �NGIN�ER.
C. Cor�sequential Damages: Notwithstanding any oti�er provision of #his
Agreement to the contrary, the parties hereio mutually agree that neither party
shall be liable to the ather for any indirect, incidental, consequential, exemplary,
punitive or special damages or loss of income, profit or savings af any party,
including third parties, arising directly or indirectly fram the parties' relationship
under this Ag�eement or applicable law, including but not limited to claims based
on contract, equity, negligence, in#ended conduct, for� or otherwise (including
breach of warranty, negEigence and strict liability in tort).
�. Warrantles o�xclusion or Limiiation: ENGINEER does nat make, give or
extend, and the CITY waives, any warranties, representations or guarantees of
any kind or nature, express or implied, arising by law, statute, in contract, civii
liability or tort, or otherwise, concerning the transaction which is the s�bjec# of the
contract documents, or the wark, incl�ding without limitation any performaRce
guaranty and any implied warranty as to merchantability or #itness for a particular
purpose ar arising from a course ofi dealing or usage of trade as to any
equipment, materials, or work furnished un�er the contract documents.
���
__... ��_�---.._,_.�_._�.�__.__ .�_..�._...______�
����;,.� %-_ _ +;:�-;