HomeMy WebLinkAboutContract 45437 Y
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CITY SECRETARYq y,5q
CONTRACT NO.
CITY OF FORT WORTH TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This, AGREEMENT is between the Cite of Fort Worth, a Texas home-rule
municipality (the "CITY"), and Summit Consultants, Inc., authorized to dew business, in
texas (thee "ENGINEER"), for a PROJECT generally described as Provide Schematics
Design and Budget Pricing portion only for the HVAC, system, for the two TV e ui ment
control rooms adjacent to the City Council chambers at 1000 Throckmorton, Street, Fort
Worth, Texas.
Article I
Scope of Services
A. Scope of Services (Schematic Design and Budget Pricing portion my is,
set forth in Attachment A.
Article Ii
Compensation
A., The ENGINEER'S compensation ($2,,10100.00 for thematic, Design and
Budget Pricing portion Daly) is set forth in Attachment A.
Article III
Terms of Payment
'Payments to the ENGINEER wily be made as,follows
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient d cu r entati n�,
including but not limited, to meeting the requirements set forth in Attachment
A to this AGREEMENT, to reasonably substantiate the, invoices.
(2) The EN'GIN'EER will issue monthly invoices for all work performed
under this AGREEMENT., Invoices are due and payable within 30 days of
rep i pit.
(3) Upon completion of services enumerated in Article 1, the final
payment of any balance' will be, due within 30 days of receipt of the final
invoice.
W"o--mulm
(4) In the event of a dispu ontest g, only that portion s
OrVICIAL Ett
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City Council TV control Rooms HVAC March 2014 RECEIVE4eMR44 2
Summit Consultants, Inc.
CITY OF FO--'%'RT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the ""CITY"), and Summit Consultants, Inc., authorized to, do business in
'Texas (the "ENGINEER"), for a PROJECT generally described as: Provide Schematics
Design and Budget Pricing portion only for the HVAC system for the two TV equipment
control rooms adjacent to the City Council chambers at 1 O�00 Throckmorton, Street, Fort
Worth, Texas.
Article, I
Scope of Services
A. Scope of Services (Schematic Design and Budget Pricing portion only) Is
set forth in Attachment A.
Artl"cle 11
Compensation
A. The ENGINEER'S compensation ($�2,000.00 for Schematic Design and
Budget Pricing portion only) is set forth in Attachment,A.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall' provide the City sufficient documentation,
including but not limited to meeting the requirements set forth in Attachment
A to this AGREEMENT, to reasonably substantiate the invoices.
(2), The ENGINEER will issue monthly invoices for al:l work performed
under this AGREEMENT. Invoices are due and payable within 30 days of
receipt.
(3), Upon completion of services enumerated in Article 1, the final
payment of any balance will be due within 30 days of receipt of the final
invoice.,
(4) In the event of a disputed or contested billing, only that portion so
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contested will be withheld from payment, and the undisputed portion will be
paid. The CITY will exercise reasonableness in contesting any bill or
portion thereof. No interest will accrue on any contested portion of the
billing until mutually resolved.
(5), If the CITY fails, to make payment in full to ENGINEER for billings
contested in good faith within 60 days of the amount due, the ENGINEER
may, after ivingi 7 days' writt,en notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused
the CITY because of such suspension of services.
Article IV
Obligabions of t,h�e Engineer
Amendments to Article IV anyy, are included in Attachment B.
A. General
The ENGINEER will serve as the CITY'S professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER'S services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar
services at the time such services are performed.
C, Subsurface Invesfigati"ons
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be; perfo:rmed hereunder. the ENGINEER shall also advise
the CITY concerning the results of same., Such:, surveys, tests, and
investigations nvestigations shall be furnished by the CI unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly
between successive test points and sample intervals and at locations
other than where observations, exploration, ands investigations have
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been made. Because of the inherent, uncertainties in subsurface
evaluations, changed or u n antici plated underground conditions may
occur that could affect the total PROJECT cost and/or execution.
These cand co,st/execution effects are not the responsiblility
of the ENGINEER.
D. Preparation of E,ngli"nelering Drawi"ngs
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible Mylar sheets and electronic files in pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawiings in any manner it desires; provided, h�olw ever,
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that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engilneer's Personnel at Construction S"Ite
(1) The presence or duties of the ENGINEER'S personnel at a
construction sitey whether as on-site representatives or otherwise, do not
make the ENGINEER or its personnel in any way responsible, for those
dutles that belong to the CITY and/or the CITY'S, construction contractors or
other entities, and do not relieve; the construction contractors or any other
entity of their obligations, duties, and responsibilities, including, but not
limited to, all construction methods, means, techniques, sequences, and
procedures necessary for coordinating ands completing, all portions of the
construction work in accordance with the Contract Documents and any
health or safety precautions relq,uired by such construction work. The
ENGINEER and its personnel have no authority to exercise any control over
any construction contractor or other entity or their employees in connection
with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set
forth in Attachment A, the ENGINEER or its personnel shall have no
obligation or responsibility to, visit the construction site to become familiar
with the, plrolgres,s, or quality of the completed work OJ
on the PRECT or t
determin in general o
1 if the rk n the PROJECT
is bleli a�ng performed, in e, wo o
manner indicating that the PROJECT, when completed, will be in
accordance with the Contract Documents,,, nor shall anything in the Contract
Documents, or the agreement between CITY and ENGINEER be construed
as req,uirin,g ENGINEER to make exhau�stivel or continuous lon-site
inspections to discover latent defects, in the work or otherwise check the
quality or quantity of the work on the PROJECT. If the ENGINEER makes
on-site observation(s) of a deviation from the Contract Documentsy the
ENGINEER shall inform the CITY.
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(3) When, professional, certification, of performance or characteristics of
materials, systems or equipment is reasonably required:, to per-fo,rm the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules,
(1) The ENGINEER shalli provide opinions of probable costs based on the
current available information at the time of preparation I in accordance
with Attachment A.
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(2) In p:roviding opinions inions of cost, financial analyses, ecoinom�ic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures, that may affect
operation or maintenance costs; competitive bidding proced,u,res and
market conditions; time or quality of performance by third parties;
quality, type,, management, or direction of operating i personnel, and
other economic and operational factors that may materially affect, the
ultimate PROJECT cost or schedule. Therefore, the ENGINEER
makes no warranty that the CITY'S actual PROJECT costs, financial
aspects, economic feasibility, or schedules wi,lil, not vary from, the
ENGINEER'S opinions, analyses, projections, or estimates.
G. Construction Progress Payments
This paragraph is not used for this agreement..
H. Record Drawings
Record, drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always
represent the exact location, type of variolus components, or exact manner
in which the PROJECT was finally constructed. The ENGINEER is not
responsible for any errors or omissions in the information from others that is
incorporated into the record drawings.
1, Minority and Woman business Enterprise (MIWBE) Participation
This paragraph is not appilicable for this project.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of-five (5)
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years after final payment sunder this contract, have access to and the right to
examine and photocopy any directly pertinent boobs,1 documents, papers
and records of the ENGINEER involving transactliolrrs relating to: this
contract. ENGINEER agrees that the C,ITY shall have, access during
normal working hours to all necessary ENGINEER facilities, and shall be
provided adequate and appropriate work space in order,to conduct audits, in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees 'to, include in all its subcontractor
agreements hereunder a provision to the effect -that the subcontractor
agrees that the CITY shall, until the expiration of five (5) years after final
payment under the subcontract, have access to and the right to examine
and photocopy any directly pertinent books, documents,: papers and
records, of such subcontractor, involving transactions, to the subcontract,
and further, that the CITY shall have access during normal working hours to
all subcontractor facilities, and shall be provided adequate and appropriate
work space) in order to conduct audits in compliance with the provisions of
this article together with subsection (3) hereof. CITY shall give
,subcontractor reasonable advance notice of intended audits.
(3) ENGINEER and subcontractor agree to photocopy such documents
as may be requested by the CITY. The CITY agrees to, reimburse
ENGINEER for the cost of copies at the irate published in the Texas
Administrative Code in effect as of the time copying its performed.
K. Insurance
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial' general liability (CGL) and, if necessary, commercial:, umbrella
insurance with a limit of not less than $1 000,000.00 per each occurrence
Frith a $2,000,0100.0�O aggregate. If such Commercial General Liability
insurance contains a general aggregate limit,, it shall apply separately to, this
PROJECT or location.
i. The CITY shall be included as an insured under the CGL) using
IS additional insured endorsement or a substitute providing
equivalent coverage, and under the commercial umbrella, if any.
This insurance shall apply as primary insurance 'with respect to
any other insurance or self-insurance pros ramp s afforded to the
CITY. The Commercial Gene ral Liabi�liity insurance policy shall
have no exclusions by endorsements that would alter or nullify:
premises/operations, prod ucts/compleited operations, contractual,
personal injury, or advertizing injury, which are normally
contained withlin, the policy, unless the CITY approves such
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exclusions in writing.
Ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial: general
liability or commercial umbrella liability insurance maintained in
accordance with this, agreement.,
b. Buy iiness Auto - the ENGINEER shall maintain business auto liability
and, if necessary, co,m�m:ercia�l um!brella liability insurance with a limit of
not less than $1,000,000 each accident. Such, insurance shall cover
liabiility arising out of "any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course, of the PROJECT'. If the
engineer owns no vehicles, coverage for hired or noin-owmeld is
acceptable.
i. ENGINEER waives all rights, against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability
or comimerciall umbrella liability insurance obtained by
ENGINEER pursuant to this agreement or under any applicable
auto physical damage coverage.
c. Workers' Compensation - ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial unibirel�la liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident, or $100,01010.O�O
each employee for bodily injury by disease, with $500,000.00 policy
limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages, are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liiabi�lity — the ENGINEER shall maintain professional
liabi'lity, a claims-made policy, with a mininium of $1 000,,000.,00 per
claim and aggregate. The policy shall contain a retroactive date prior to
-the date of the contract or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5
year's following the completion of the contract. An annual certificate of
insurance specifically referencing this project shall be submitted to the
CITY for each year following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
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a. Uertificates of insurance evidencing that the ENGINEER has obtained
all required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b., Applicable policies shall be endorsed to name the CITY an Additional
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Insured thereon, as its interests may appear., The term CITY shall!
include its employees, officers, officials, agents, and volunteers as
respects, the contracted services.
c,. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
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documented thereon.
d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the, insurance
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requirements.
e. A minimurn of thirty (3,0) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10:) days notice shall
be acceptable in the event of' non-payment of premium. Such terms
shall be endorsed onto ENGINEER'S insurance policies. Notice shall
be sent to the respective Department Director by name), City of Fort
Worth, 1000 T'hrockmorton,: Fort Worthl Texas 7610:2.,
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f. Insurers, for all policies must be authorized to do business in -the State of
Texas, and have a rninimum rating of A or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,0001.001 that
would change or alter the requirements herein is subject to approval by
the, CITY in writing, if coverage is not provided on a first dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage,
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of' subrogation
in favor of-the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER'S insurance policies including
endorsements, thereto and,1 at the C,ITY'S, discretion; the ENGINEER
may be required to provide proof of insurance premium payments.
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Lines of coverage,, other than Professional Liability, underwritten on a
claims-made, basis,, shall contain a retroactive date coincident rith or
prior to the date of the contractual agreement. The certificate, of
insurance shall state both, the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or cla,ims,-Heads basis,
shall be maintained without interruption nor restrictive mold ificatillon, or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained
after final payments.
1. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Subcontractors to of the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When sub subcontractors
maintain insurance coverage, ENGINEER shall provide C,ITY with
documentation thereof on a certificate of insurance.
L IndepeMent Engineer
The ENGINEER agrees to p�erform all services as an independent
ENGINEER and not as a subcontractor, agent, or employee of the CITY.,
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing, of any existing conflicts of interest or poltentia�l conflicts of interest,
including personal financial interest, direct or indirect, in property abutting
the proposed PROJECT and business re�lationships with abutting property
cities. The ENGINEER further acknowledges that it will make disclosure in
writing of any conflicts of interest that develop subsequent to, the signing of
this contract and prior to -final payment under the contract.
N. Asbestos or H�az,ard,ous Substances
(1) If asbestos or hazardous substances, in any fo:rm, are encountered or
suspected, the EN�G,IN,EE,R will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances, are suspected, the CITY
may request the ENGINEER to assist in obtaining, the services of a
qualified subcontractor to manage the remediation activities of the
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PROJECT.
0. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with
pulbillished design criteria and/or current engineering practice standards
which the ENGINEER should have been aware of at the time: this
Agreement was executed,, the ENGINEER shall revise plans and
specifications, as requ�ired�, at its own cost and expense. Howevers if design
changes are required due to the changes in the permitting authorities'
pulbl'i'shed design criteria an�d/or practice standards criteria which are
published after the date of this Agreement which the ENGINEER could not
have, been reasonably aware of, the ENGINEER shall notify the CITY of
such changes and an adjustment in corinpensation will be made through an
amendment to this AGREEMENT'.
P. Schedulle
ENGINEER shall manage the PROJECT in accordance with the schedule
developed pier Attachment A to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment .
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness,, and completeness of
the information provided by the CITY.
B. Access to Facilities, and Property
The CITY will make its facilities accessible to, the ENGINEER as requlired
for the ENGII N R'S performance of its services., The CITY will pleirform!, at
no cost to the GINNER,
such tests of equipment, machinery, pipefinesi),
EN
and other components of the CITY'S facil'ities as may be required in
connection with the ENGINEER' services. The CITY will' be responsible for
all acts of the CITY'S personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scopie of' Sery ices, the CITY will obtain,
arrange, and pay, for all adveftisements for bids- permits and licenses
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required by local, state, or federal authorities; and land, easements, r'ights-
of-way, and access necessary, for the ENGINEER'S services or PROJECT
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construction,.
D. Timely Review
The CITY will examinie the ENGINEER'S studies, reports, sketches,
drawings, specifications, proposals, and other documents-, obtain advice of
an attorney, insurance counselor,, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with -the project schedule prepared in accordance with Attachment A.
E. Prompt Notice
The CITY will give prompt written notice tot ENGINEER whenever CITY
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observes or becomes aware l of any development that affects the scope oir
timing of the ENGINEER'S services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at
CITY'S facilities, that may contain hazardous materials, including asbestos
containing rmaterials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
coilisid e ration of the associated risks that may give rise to claims by third
parties or employees of' City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the
discharge, release or escape of hazardous substances,, contaminants) or
asbestos is a result of ENGINEER'S negligence or if ENGINEER brings
such hazardous substance, contaminant or asbestos onto the project.
G1, Contractor Indemn'Ification and Claims,
The CITY agrees to include in all construction contracts the provisions of
Article IV.E,. regarding the ENGINEER'S Personnel at Construction Site,
and provisions providing: contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Berieftiar"ies
(1) The CITY agrees to, include, the following clause in all contracts with
construction, contractors and equipirnent or materials suppliers:
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"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no, direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out.
e
of, in con�nect,ion with, or resul ting from the ngineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to! anyone other than
the CITY and the ENGINEER and there are no, third party beneficiaries.,
(3) The CITY will include in each agreement it enters into with any other
entity or person regarding the PROJECT a provision that such entity or
person shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.,H., shall be construed as a waiver
of any right the CITY has to bring a claim agai,nst, ENGINEER.
I. C"Ity's Insurance
(1) The, CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is
maintained at the replacement cost value of the PROJECT. The CITY may
provide ENGINEER a copy of the policy or documentation of such on a
certificate, f'insurance.
(3) The CITY will sp cif y that the Builders Risk/Installation insurance
shall be comprehensive in coverage appropriate to the PROJECT risks.
J.
Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for
required or requested assistance to support, prepare, document, bring,
defend, or assist in litigation undertaken, or defended by the CITY. In the
event CITY requests, such services of the ENGINEER, this AGREEMENT
shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINE,ER:S
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cost of or time required for performance of the services, an equitable
adjustment will be made through an amendment to this AGREEMENT with
appropriate CITY approval.
Arlie V1
General Legal: Provisions
Amendments toArticle V1, if any, are included in Attachment B.
A. Authorl'zatlon to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
Bill Reuse of'Project Documents,
All designs, drawings, specifications, documents, and other work products
of the ENGINEER, whether in and copy or in electronic form, are
instruments of service for this PROJECT, whether the PROJECT is
completed or not. Reuse, change, or alteration by the CITY or by others
acting through or on behalf of the CITY of any such instruments of service
without the written permission of the ENGINEER will be at the CITY S solle
risk. The CITY shall own the final designs, drawings, specifications and
documents.
Cal Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God; strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performanice of its
obligat-ions hereunder.,
D. Terminatii on
(1) This AGREEMENT may be terminated only by the City for
convenience on 30, days' written notice. This AGREEMENT may be
terminated by either the CITY or the ENGINEER for cause if either party
fails substantially to perform through no fault of the other and doles, not
commence correction of such noinplerformance with in 5 days, of' written
notice and diligently colmpl�ete -the correc-tion -thereafter.
(2) If this AGREEMENT is terminated for -the convenience of the City,
the, ENGINEER will be paid for termination expenses as fol:lows:
a.) Cost of preproduction of' partial or complete studies, plans,
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specifications or other forms of ENGI�NEER'S, work product;
b.) Out-of-pocket expenses for purchasing electronic data files,
and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to
document the work underway at the time of' the CITY'S termination
for convenience so that the work effort is suitable for long time
storage.
(31) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Dielay, or Interruption to Work
The CITY may suspend, delay, or interrupt;, the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruiption, an equitable adjustment in the PROJECTS schedule,
commitment and cost of the ENGINEERS, personnel and subcontractors,
and ENGINEER'S compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271. o14, the
ENGINEER shall indemnify, hold harmless; and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infriin' emen�t, or failure to pay a,
subcontractor or supplier committed by the ENGINEER or E,NGINEER"S,
agent, consultant under contract, or another entity over which the
ENGINEER exercises, control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
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prior written consent of the other party.
H. Interpretation
Limitations on liability and indenrinit"lles in this AGREEMENT are business
understandings between the parties and shall apply to all the different
theories of recovery,1 iinc,luding breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of action, except,
for willful m,isconduict or gross negligence for limitations of liability and sole
negligence for indemnification. Parties mean the CITY and the ENGINEER,
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and their officers, employees, agents, and subcontractors.,
11 Jurisdi*cUon
The law of the State of Texas shall, govern the va:lidity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant,
County, 'Texas.
J. Sieve ra bi�li 11"tY and Survival
If any of the provis,iions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceab�ility will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles, V.F., VI.B.1 VI.D.I VI.F I
VI.H., and V1.1. shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER, shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the, work hereunder, and shall
observe and comply with all orders, laws, ordinances and regulations which
may exist or �mlay be enacted later by governing bodies having jurisdiction or
authority, for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order,
law, ordinance, or regulation, whether it be by itself or its employees.
Article V11
Attachments, Schedules, and Si nurtures
This AGREEMENT, including its attachments, and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both, parties. The following attachments
and schedules are hereby made a part of this AGREEMENT.-
Attachment A- Scope, of'Servies! Compensation, and Schedu�le
City Council TV Control Rooms HVAC(March 211014) Page 14 of 16
Summit Consultants, Inc.
p j@V
Executed and effective this the a y of , 2
ATTEST-.
By"
Mary J. Ka y �� �� Fern ando Costal
City Secretary Assistant stant City Manager
00000000
XAS
APPROVED AS TO FORM AND LEGAL APPROVAL RECOMMENDED:
Doug, W. Black � D'ou'glas . '"biers*g, PE
Assistant t City Attorney Director, Transportation and
P'ubli'c Forks Department
M&C, No.,.- M&C Not Re aired ENGINEER,-
Date:
By:
e S. BraW. PE
Principal,
OFFICIAL RECOIRD
CITY SECRETARY
FTe WORTH$TX
City Cou,ncill TV Control Dooms HVAC(March,2014) Pugs ..
Summit Consultants, Inc.
4
AT'TACHM'ENT'A '- SCOPE OF SERVICES, COMPENSATION, SCHEDULE
Refer to the attached Summit Consultants,1 Inc. letter dated February 25, 2014,
subject: C,ity Hall Council TV Equipment Room HVAC Design. If any conflict arises
between the Attachments/Exhibits, and' the Agreement, the terms of the Agreement shall
control.
ATTACHMENT B - AMENDMENTS TO AGREEMENT
NONE
City Council TV Control Rooms HVAC(March 201 4) Page 16 of 16
Summit Consultants, Inc.
mnili It
t I N C w
Mr. Wes Cloud February 25,1 2,014
Transportation and Public Works Department
City of Fort'Forth
401 West 13th Street
Fort Worth, Texas 76102
Re: City Hall Council TV Equipment Room HVAC design
Mr. Cloud:
Summit Consultants, Inc. (Summit) is pleased to offer the following proposal for the
provision of mechanical and electrical engineering services for the referenced p,roject.
BASIC SERVICES:
Summit will provide construction documents and specifications for the upgrade of the
VAC systems for two television equipment rooms at City Hall. The scope of work will
include HVAC loads analysis for sizin ofthe new HVAC systems.
1. 1
Consulting engineering services and deliverables will include:
• Review of all existing Imeohanioal and electrical conditions.
• VAC loads analysis
• Review of loads analysis and recommended HVAC upgrades with C
• Preparation n of construction documents and specifications for new HVAC systems,
• review of equipment submittals
Provide construction administration during construction.
0 Provide test, balance, and commissioning
COMPENSATION FOR ENGINEERING SERVICES:
PHASE AMT. DUE
Schematic Design and Budget Pricing $2,000.00
Construction Documents, $4,000.00
Test, Balance, and Commissioning $11500.00
If this proposal meets with your approval please issue a purchase order with standard
terms and conditions
We deeply appreciate this opportunity to be of service and look forward to working, with
you on this project.
Sincerely,
Surnimlit Consultants, Inc
6Cjaneift S.Ire P.E.
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