Res 088-2011 10/4/2011RESOLUTION NO. 88 -2011
Resolution Authorizing The City Manager To Execute A Professional
Services Agreement With Proven Cornerstone Engineering, PLLC For
Engineering Services For The McNeil Avenue Drainage Improvement
Project In The Amount Of $450,000 For Basic Services
WHEREAS, the City of Wichita Falls is in need of drainage improvements for
McNeil Avenue;
WHEREAS, it was determined that Proven Cornerstone Engineering, PLLC was
the most qualified firm to perform engineering work for the project; and
WHEREAS, a fee for these services has been negotiated for an estimated total
of $450,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute the attached Professional Services
Agreement, with changes as approved by the City Attorney, with Proven Cornerstone
Engineering, PLLC for Engineering Services for the McNeil Avenue Drainage
Improvement Project in the amount of $450,000 for basic services
PASSED AND APPROVED this the 4th day of October, 2011.
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ATTEST:
Professional Services Agreement between the City of Wichita Falls and
Proven Cornerstone IEegineerin& PLLC for Kngineerin0 Services for the
McNiel Avenue Drainage improvement Project
OWNER: 7ho City of Wichita Falls: Attn: Director orpublie Works, P.O. Box 1431, Wichita Falls, Token 76307
ENGINEER: Proven Comer me Engineering, p LC dba (:omerstow Engirwering, 2406 Kell Blvd, Wichita Palls, Texas
76309 -5326
)PROJECT: ENGINEER wtll review the hydrologidhydmulic anaiyais for this drainage basin previously prepared by
Preame do Nichols, Inc. and then provide a report the fmaliae project recammendations, obtain necessary survey data, prepare
plans, speciflcaetims, bid documents, and provide relevant eorsuroction reviewladministratioo for the McNiel Avenue Drainage
Improvement Project erctendmgto the South fi+om the intersection of MoNiel Avenue and Phillips Drive dwAm McNiel to the
existing owcrete-Hnod drainage charnel mnnk4 parallel to the north side of Southwest Perkwey-
TIMETABLC: EN01NEML shall complete the following tasks on or before the following date:
1. H & H review with written summary & project recommendations December 15, 2011
2. Aegaisiden of ttrrveyinglutility loetttlon data for playa production February 15, 2012
3. Compldioa of preliminary (30%) plan set April 30, 2012
4. Ca pletioa of 65% plan set & opinion of probable cost August 30, 2012
5. ComplWon of 95% plan set & updated opinion of probable cost October 1, 2012
c completion of anal plans, specification, and opinion of probable cast December 1, 2012
=These dates assume the contract will be appmoved by September 15, 2411 _
The ENGINEER shall not be held responsible for failure to meet the aforementioned druetables in the event that the cause
of delay is not the fault of the ENOI14M or the ENOMFWS subcontractors.
l
Payment for Buie Serylem OWNER agrees to pay the following amounts for Basic Services rendered pursuant
to this conhact, a total amomlt not to exceed S4SOAN, subjcct to completion of the following phases:
Plime
Psn"ttlge of Project
Amount
1. Review of Prior 1-1&H Sandy
5.0%
$ 22,500
2. Surveys and Utility location
15.0%
$ 67,500
3. Pre3buku ry Project Design (30%)
10.0%
$ 45,000
4.65% Project Design
25.0°/.
$112,500
5.95% Pr*ct Design
25.0%
$112,500
6, Final Project DesigWConbut Documents
10.046
$ 45,0000
7. Corebuctim Administration
lo-crgL
Total
10&0%
54501000
2. Paymat for Additional Services. OWNER shall pay ENGINEER for Additional Services requested and tendered n
follows:
2.1. Payment for Additiomil Services of ENGINEER rendered under this contract shall be prod for at tine following roes
when supported by invoices.
Survey Crew (Optical equipment-)l
Survey Crew (+GPS equipment):
Registered Surveyor.
Principal Engineer
Aasociate Engineer
CAD Technician:
Secretarial:
Mileage.
Third Party Services
Overnight expenses for personnel
S125.Mhr. (Add $10.0 tr. for const action stakiW
S175.Mfth (Add 510.041hr. for construction staking)
$ 175.000br_
S175.001hr.
$125.001hr.
$65.00ft.
$50.001hr.
90.551mile each way
Actual Cost plus .10%
Actual Expenses
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Court Testimony, expert witness representation, preparation and related services are 1-5 times the above rates.
' These rates are for normal workdays alt work hours and do not include weekends or holidays. Rates are subject
to reevaluation on January 1, 2012.
E Comorgene reserves the right b choose which survey ogaipme nt a crew will utilize for any particular job. Otter the use of
GPS equipment will be more cost and time effective even though the hourly Tats is higher than that for conventional
a0mle rt_
'Third swvtees could Include such items as isoleda or anviromnmW testa, title company chuges, purchase add installation
of special monurnentWon, special plotting or color reproduetioas, etc.
2.2. For expenses for Additional Services, ENGINEER shall be compensated at the actual cost to ENC31<1 M based on
rates referenced above or as previously agreed upon in writing. Where field parties are used, expenses shall include chaeges
for the use ofavy special insaumentsand equipment, including marine equipment, and expendable items such as stakes and
monuments.
3. Mots of Payments:
3.1. Times of Payments -- ENGINEER shall submit monthly stemnera for services rendered. For Basic Services, the
statements will be btlsad upon ENGINm S astimate of the proportbn of the total services actually compleiod at the time
of billing- OWNER shall make prompt monthly payments in response to ENMEBR'S monthly sbltetbents. Upon
conclusion ofeach phase of 3asic Services, OWNER shall pay such additional amount, if any, as may be necessary to bring
total compensation paid on account of such phase to the percentages oftotal eornpensation payable for each phase ofthe
world as indicated in Paragraph 1.0 above.
3.2. Past -due Payments - -OWNER agrees to pay a charge of 0.5% }let' month on all invoiced owed smounts not paid within
30 days of the data of the invoice, calculated from the date of the invoice. In addttiatt, ENGINEER rally, attar giving 10
clays' written notice to OWNER. suspend services under this Agreement until the ENGINEER has been paid in full all
amounts due for services and expenses
OWNER'S RZPRRSRNTATIVE: Russell Schreiber, P.E. Director of Public Works
Phone: (940) 761 -7477 Fax, (940) 761 -6873
E -nuii: russellx retber{ wic]t fallstx.Sov
ENGINEER'S REPRESENTATIVE: Martin Litteken, Jr., P,E., President
Phone: (940) 322.6450 Fax: (940) 723 -6006
Frmaii: mlitteken@oornerstoneplic com
SERVICES OF ENMNEP,R -- ENGINEER shall perform profiessio nal et>gineerring services as hereinafterstated which include
customary incidental engineering services
1. Hydr+oiogie/Hydroulic Soady Review Phase. ENGINEER shall:
1.1 Consult with OWNER to obtain and review all available City drainage data and recent engineering studies and
analyses for the McNial Avenue Basin as performed by Freese & lAchals, Inc. (" P1. Review any readily available
data from the City and TxDOT conceming drainage analyses of the coneretalined channel running along the north
edge of Southwest Parkway.
l.2 Collect such field information as needed to, vm* the FNI analysis.
1.3 Verify the drainage basin extern and characteristics atom existing City topographic and aerial photo information,
review the drainage coeffiderris and related assumptions used by FM in the drainage basin SWMM analya* check the
flows calculated thwain, and assess the coatlbew it analysis of the dramagp improvements aeom my to handle various
storm events
I A. Prepare a written report outlining the findings of this review to confim and/or revise the mcommendationsmade by
FNI in the City of Wichita Falls Drainage Master Plan Update prepared in 2011.
ZJC0RNMWT0NEZ L=d Projwr 1011U 101800DOCSWIdNIEL AVE. ENGINWRING CONTRACT 915- 2011.doe Pose 2
2 Surveys and Utility Location Phase. ENGINEER shall.
2.1. Obtain field data far horizontal locations and vertical elevation of found lot corners, all street improvements,
intersections, sidewallm drive approaches, and otherobservable improvetpmIs within the City rights -of- -way along McNiel
Avant from Rub>aam Street on the North to Southwest Parkway on the South. Data will also be obtained approximately
100 feet up each intersecting street to insure that information is obtained for any required inlerse to grade a a4justtnettts„
Horizontal coordinate data will be obtained in NAD83Twm State Plane Coordtaa ft (Math Central Texas zone) in U.S.
Survey feet with elevations in NGVDE8 feet above mean sea level. Positional and elevation information will be established
from wdsdng National Geodetic Survey monuments and by obtaining a but station OPUS position to be located i o the East
of Cunningham M mentary School
2.7.. Review available resources to determ inn public and franchise underground utilities adjacent to and potentially anasing
the anticipated route of the drainage nnprovesmextts_ Review available utility traps and request Dig, -Tess and City locates
for the horizontal positions of these utilities Measure the nearest; sewer and sto mwater manhole depths on both sides of
McNiel Avenue and coordinate with City staffto obtain other utility depth hifmmatioaby vacuum excavation ("pothole")
methods with City to provide at City expense, pothole aWipment and staff an ntutaally predebonined dates and times,
3. 30% Preliminary Design Phase:. ENGINEER shall:
3.1. Consult with OWNER to clarify and define recommendations for the project baud upon the kI &H review and fieid
work performed.
3.2. Advise OWNER of the need to provide or obtain additional data or services fmm third parties, such as geotechaicel or
environmental testing services, and act as OWNER'S representative in connection with any sue hxwvices acquired fi=n
Others,
3.3. Perform any additional field investigatioos required to collect information needed in the design of the Project
3.4. Prepare and submitpretiminary design documents consisting ofthe rocommeudodsize, configuration, and location of
drainage improvements, concept route plans identifying areas of constriction, conflict or concern, utilities to be
relocated4owered, and concept specifications. At this phase only a ]eating of anticipated details will be provided.
3.5. Finnish two copies of the alcove preliminary design doeum ents to the Owner and schedule a meeting to review theses
documents in oeison with OWNER'S REPRESENTATIVE.
d. 65% Design Piatse. ENGMER shall:
4.1. Ai%r receipt of written notice I'Mm the OWNER of its acceptance of the 30% preliminary design documents, make
mecessmy changes in response to comments, and prepare drawings and specifications to show more specifically the
character, extent, and de:tfdl of the Project. This submission will include all anticipated City and in hwhy standard details
and a list of unique details that will need w be drafted prior to 95% submission to sufficiently identify and explain
specialized areas of work.
4.2 Prepare and furnish an opinion of probable Project cost for the OWNER'S infottnation and review.
4.3. Provide a copy of the 65% plans for review to each franchise utility provider and obtain confirmation of areas of
conflict and probable resolutbms for the conflicts.
4.4. Provide a copy of the 656 plans to TkDOT for its review concerning connections to its drainage facilities along
Southwest Parkway.
4.5. Furnish two copies of the 65% design documents, opinion of probable cost, f echin utility comments, and TxDOT
comments to the OWNER and then schedule a meeting to review time documents in person with OWNER'S
REPRESENTATIVE.
4.6, Obtain OWNER'S written review, comments, and acceptance of the route, general airnng, and character of the
proposed drainage and related tuprovements, OWNER'S review, comments and aoceptsdrea will foam the basis for
completion of design activities by the ENGINEER. Major changes in the plan and extent of the Project work as requested
z. CORNERSTrONSaLa W Projects 161 to tolsooroexs &NIEL AVE. ENGINEEFUNG CONTRACT 915 V1 e.4" Pqp 3
by the OWNER followingthe Enguneeesreceipt ofand completion of revisionsrelated to the comments from this design
phase will be considered Additional Services,
S. 95•/ D sip Phase. ENGINEER shall:
5.1. After receipt of written notice from the OWNER of its acceptance of and comments to the 65% prdiminoy design
documents, make necessary changes in response to comments, prepare final drawings, and complete details and
specifications for the Project.
5.2. Prepare and furnish a final opinion of probable Project Cost based on the final drawings and specifications.
53. Provide-a copy of the 95% design documents to affected franchise utilities and TxDOT for final comment.
5.4. Furnish two copies of tide 95% design documents, final opinion ofprobabie Project Cost, and outside agency cone mmts;
to the OWNER and then schedule a meeting to review these documents in persom with OWNER'S REPRESENTATIVE.
5.4. Provide any applications and backup documentation required to apply to TxDOT or other agency having permitthig
omzi& for OWNER signature and .submission to said agency.
4.5. Burnish, when necessary, all daps required by OWNER for the development of any applications or supporting
documents for state or federal govemmentpermits, grants, or planning advances, provided that such data shall not extend
beyond that actually developed in the performance of otber provisions of this contract. ENGINEER shall also coordinate
with and/or seek approval of federal, state, and local authorities fox' ooncept and design of this project. Such coordination
or approval will be accomplished prior to bidding and, if necessary, prior to design completion.
6. flail Design/Contract Document Phase. ENGINEER shall:
6.1. After receipt of written notice from the OWNER of its acceptance of and comments to the 95% design documents,
prepare documents to comprise the contract for construction of the Project Qwr+elndler the "Contract") for rnviow and
approval by OWNER'S REPRESENTATIVE, inchding agreementfomts, general, special and supplementary conditions.
bidding documents, and other related documents, in a form sufficient for OWNER to adv+ertie for bids. shall
use fotms provided by OWNER where applicable. OWNER shall provide required dates ofadverdseunalt sad bid opening.
OWNER shall be responsiNe for the coat of legal notices required to comply with contracting standards of the Texas
Municipal Code.
62. Furnish to OWNER'S REPRFSMTATIVE reasonable assistance in the preparation of required documents ao that
OWNER may apply for approvals of governmental authorities having jurisdiction over the Pmjed, and assistance In
negotiations with appropriate anthorities
6.3. Furnish six physical copies and one digital copy of the above documents and review diem in parson with the OWNER'S
REPRES1rMATIVi3. Physical copies will be provided as 22 "X34" full size (or 11"X 17" half size) paper drawings and
digital copies will be provided in portable documatt formal Distribute copies of the plans and specifications to all
interested contractors upon request.
6A. Attend a pre -bid conference with OWNER's representatives and Interested bidders. Answer conuador questions,
prepare notes of this conference, issue any addenda to the contract documents as required and maintain the record list of
plan holders for the Project.
6.5. Attend the bid opening and assist the 0W`NER, as necessary, to evaluate bids and exceptions roqueeted thereto. This
will include the preparation of a tabulation of bids received, investigation ofthe standing and reputation of the low bidder,
submission ofa letter of recommendation for contract award to OWNER, and attending a City Council meeting to answer
questions about contract award.
7. Construction Admtaistration Prase. ENGINEER shall:
7.1. Attend a pre - construction conference with the representatives of the intetr,ested OWNER departments, contractors, and
subcontractors and prepare notes of the conference for electronic distribution to all attandou
z1MRNFRSTONE MAM Projects 141 hi 101 ttOMOCSY"IP.L AVE ENGINBURING CONTRACT 915 -201 l .doc Pace 4
72. Review the contractors' work to verify that the construction work complies with the plans,specifications, and other
contract documents, and will provide a functional completed product ENGINEER shall maim such on -site inspections w
are Mary, and at such Awluency as necessary, to check the quality and quantity of the work being provided by the
contractor and to ensue contract compliance. ENGINEER shall bring deficiencies in the work to the OWNBR's attention
as they arc observed. The OWNER shall design its own inspector to the Project and It Is undemtood that the ENGME ER is
nat providing full -time inspection of the Project.
73. Consult and advise with the OWNER and preparing routine change orders as required.
7A. Prepare monthly and final estimates for pernents to contractors and furnishing any necessary certifications as to
payments to contractors and suppliers.
7.5. Perform, in company with the representative of the OWNER, a final inspection of the Project.
7.6. Revise the construction drawings to reflect any revisions included in construction records. The contractor and the
OWNER'S inspection staff shall keep and provideto the ENGINEER a " rod -liied" sort of cotist uction dmwhW to indicate
the revisionsas constructed. OWNER' S inspection personnel will be responsible to chedt and verify grades as constructed.
7.7. Furnish OWNER with two paper sets of"as- bulb'" plans and submit the drawings electronically in AutoCAD format to
OWNER's stmt
7.8. Obtain from the construction contractor and deliver to the OWNER all manVhwtuar's warranties or bonds on materials
and equipment incorporated in the Project for which such warranties or bonds were requested by the specification.
7.9. Obtain from the construction contractor and deliver to the OWNER, operations and maintenance (Odd documents on
equipment incorporated in the Project for which such documents. were requested by the specifications. O&M docarflants are
to be bound into volumes not more than 2" thick and are to be fully induced and tabbed. All sheets will be folded to not
largo than 8.5"x'1 I" size.
7.10. Develop, at the request of OWNER, any change, alteration or modifications to the Project, which appear to be
advisable and feesible, and in the hest interest of the OWNER, except to the extent duct those changes or modificationsfall
under the description of Additional Services as defined below.
8. Additional Services.
8.1 General. If authorized in writing by OWNER, ENGINEER shall banish or obtain from others Additional Services of
the following types. To the extent these additional services are not inchrded in the Basic Services, they will be paid for by
the OWNER as indicated in the PAYMENT section of this centred.
8.1.1. Preparation of applications for governmental grants, loans or advances in connection with the Project;
preparation or review of environmental assessments and impact statements; review of the effect on the Project of any
such envirnnmertalstutements and doeumen spr spa i d by oews; and assistance in obtaining approvals ofauthorities
having jurisdiction over the anticipated environmental knpact of the Project
8.1.2. Services to rnake detailed investigation of existing conditions or facilities, or to verify the accuracy of drawings
or other in13mmation furnished by OWNER, except as necessary for the proper design and construction of the Project.
8.1.3. Services resulting from significant changes in extent ofthe Project, including, but not limited to, changes in size,
oomptmdq, OWNER'S schedule, or character of conrtnMtion; and revising previously accepted studies, reports, design
documents or Contract Documents when such revisions are due to causes beyond ENGINEER'S control.
8.1.4. Providing special presentation drawings, electronic presentations, renderings or models for OW1VElt'S use.
8.1.5. Preparation of any special reports required for marketing of bonds.
8.1.6. Furnishing solo fo ululation, andfor environmental tests and borings.
8.1.7. Furnishing analysts, reports and maps to establish or revise flood plain boundaries in a format acceptable to
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FEMA.
8.1.8. Providing detailed mill, shop and/or laboratory inspection of materials or equipment
8.1.9. Investigations involving detailed consideration of operation and maintenance expenses; the preparation of
feasibility studies and appraisals; and assistance in obtainlag financing for the Project.
8.1.10. Fumishingthe services of special consulbuits for purposes othertim the no, u &I engineering incidental to the
Projecd, andptoviding data our services of the types described in paragraph 52 when OWNER audwrizes ISNCi1NBER
to provide such data or services in lieu of OWNER furnishing them. For the purposes ofthis Contract, cervices of a
special oorAultam will be allowed only when the need is confirmed by the OWNER'S REPMENTATIVE.
8.1.11. Applying for permits from all govertunental wuthorities having jurisdiction overthe Project and furni shingsuch
approvals and cements from others as may be necessary for completion of the Project.
8.1.12_ Services resulting from the awardof more than one prime contract for won, materials, equipment or
services far the Project, and services resulting from the arranging forperformw= by persons othwthm the Contractor
and administering OWNERS contracts for such services.
8.1.13. Services in connection with change orders to reflect changes requested by OW4I3R if the resulting change in
compensation for Basic Services is not ate with the change in services rendered; services after the award of
the Contract in evaluating substitutions proposed by the Contractor which require extensive revisior>g to D nrwwings and
Specifications; and services resulting from significant delays, changes or price increases occurring as a result of
material, equipment or energy shortages.
8.1.14, Services during out- of-town travel required of ENGINEER other than visits to the site as required by
Engineering Services Sections 1 through 7 hereof
8.1.15. Additional or extended services during construction grade necessary by (1) work damaged by fire' or other
cause during construction, (2) a significant amount of defective orneglected work ofContrwcror, (3) prolongation of
the contract tirno of the Contract by more than sixty days, (4) acceleration of the progress schedule irrvolvingservices
beyond Dorrial working hours, andlor(5) default by Contractor.
8.1.16. Services after completion ofthe Construction Most, such as inspections duringany guarantee period called for
in the Contract.
8.1.17. Serving as a consultant or witness for OWNER in any litigation, Public hearing or other legal oradmeristrative
proceeding involving the Project except as agree/ to Under Basic Services.
82. Whenever the nood for any Additional Services described herein rwuhs from arty negligence, mistake, oversight or
other fault on the pert of ENGMUR. the cost of these services shall be deemed to be included in OWNER'S payments to
ENGINEER for Basic Services. Any suchAdditional Services not performed by ENGiNTMR that would otherwise be paid
separaftly by OWNER shall be paid for by ENGINEER.
9, Constrnciod Cost and Opinions of Cost
9.I. Construction Cost. The construction coat of the Project moms the total construction contract cost of the PYoj ect to
OWNER, but it does not include ENGINEER'S compensation vW expenses, the cost of land, rights -of -way, or
compensation for or damages to properties, nor does it kw4u& OWNER'S legal, accounfin& insurance counseling or
auditing services, or inspection, laboratory and testing services, or interest and fmancingcharges incurred in connection
With the Project.
9.7- opinions of Cast. 6NGINMWS opinions of probable Project Cost and Construction Cost represent its best j udgraeu t
as a professional engineering firm, familiar with the construction industry; but ENGINEER does not guarantee that
proposals, bids or actual Project or Construction Cost will not vary from its opinions of probable cost.
9.3. if a Construction Cost limit is established between OWNER and ENGINEER, the following will apply:
7-iORNM70NEZ Lind Projew 101 IN ] o184(RDOCMMcH1EL AVE, MaINEMTH i CON MRCP i9t5 M I.doe PAge 6
9.3.1. The acceptance by OWNER ofa reviised opinion of probable Project or Construction Cost in excess ofthe then
established cost limit will constitute a corresponding revision in the Consmction Cost limit
93.2_ ENGINEER will be permitted to determine what materials, equipment, component systems and types of
construction are to be included in the Drawings and Specifications and to make reasonable 4usttuents inihe extent of
the Project to bring it within the cost limit.
9.3.3. If the OWNER does not solicit bids for the Project within one year after completion of the Final Design Phase,
the established Construction Coat limit will not be binding on ENGIN13BR, and ENGINEER's obligation to redo
Contract Documents one time as necessary to bring the Construction Cost within tire. cost limit shall be subject to
adjustment of the cost limit commensuratewith any applicable change in the general level of prices in the construction
industry between the date of completion of the Final Design Phase and the date on whichbids are sought.
93A. If the lowest bona fide bid exceeds the established Construction Cost limit, ENGINEER shall, without additional
charge, modify the Contract Documents ono time as necessary to bring the Construction Cost within the cost limit.
Subsequent modifications by the .ENGINEER shall be paid for as Additional Services.
GRNERAL CONDITIONS:
1. Term Inadon—OWNER may terminate this Agreement upon 10 days written notice to ENGINEER with the
understanding that all services being perfo rrned under this Agreement shall cease upon the data specif led in such notim In
the event of early termination, ENGINEER shat! invoice OWNER for all services completed and shall be compensated in
an amountcorrresponding to the amount designated as compensation for each phase of the wank satisfactorily completed and
accepted plus an amount corresponding to the percentage ofwork satisfactorily completed and submitted to Owner for any
phase pertly completed on the effective data: of the termination.
I Ownersbip & 1M ainteaance of Documents--A tl documents and digital files prepared andlor assembled by EKQ1NBER
under this agreement shall become the property of the OWNER and shall be delivered to OWNER wi heat restriction on
future use. O WN13R'S reuse of documents on future projects will be at the sole risk of OWNER ENGINEER may make
copies of any and all documents for its tiles and reuse information contained therein. ENGINEER will maintain project
reoords fortJhree years after the OWNER has made final paymentto the contractor and all other pending mattrs^s are closed
and provkle copies thereof to OWNER if roquested.
3. Controlling Lase --This agreement is performable and is to be governed by the law applicable in Wichita Falls, Texas.
Sole venue for any action arising under this agreement shall be in Wichita County, Texas.
4. Assignment of Contract -- ENGINEER shall not assign, sublet or transfer any rights under or interest in (including, but
withoW limitations, monies that may become due or monies that are due) this Agreement without the written consent ofthe
other. !files specifically stated to the contrary in any written consent to an assigmnent, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall
prevent ENGINEER front employing independent consultants, associates, subcontractors, and employees to assist it in the
performance of services hereunder.
5. No Third -Party Beneficiaries -- Nothing herein shall be construed to give any rights or benefits to anyone other than
OWN13R and ENGINFBR
6. Independent Corrtr»etor - -In performing services under this agreement, the relationship between OWNER and
ENOiNEER is that of independent contractor, and OWNER and ENGINEER by the execution ofthis Agreement duo not
change the bxkpendentcontracteratatus of ENGINEER. No term or provision of this agreement oract of ENGINEER in
the petforitance of this Agreement shell be construed as making ENGINEM or any agent, servant or employee of
ENGINEER die agectt, servant or employee of OWNER.
7, Inds R_NG LJIM sgM to release. defend indemnify and hold the OWNER whole and
and all claims_ suits, and actions far des. oosts, and exoeoaas to Rwsons or gMpWv that may arise out_aL or be
occasioned by or from any nes:Baent act. error or amiss iem of SNGfNEBR or any of m, agent. savw& emnlovee or
subcorrtracta of ENGINEER in the execution or pgAMMgm ofthis carttract. )t the event of notice ofa i to which
this indemnity migW apply, so much of the money due the ENGINEER under thiscQr>Iprget M shall be reasonably
Musiderad necessary Iry the OWNER may be retained for the rue of the OWNER, until all suits, actions. and claims shall
ZACORNIMSTONE Land Projects 101 M 1018001DOC3 A MIEL AVE. ENGJNEERING CONTRACT 915.2e1140e Page 7
have been settled and satisfa fij= evidence to that effect furnished the U WP
defend indemni fy and hold harmless the OWNER and the OWNER's offrc
claims of injuries or damage: made by or on behalf of ENGINEER or any o
resvltine firm the performance or at unRtedpes formancc of this contW
caused in whole or in 3� a1y acts or omissions ofOWNER Qr,AQy -ham
controlled by the OWNER This 'ndemni y shall not ably to any claimio
from indemnifyine a A4yemmencal rntity_pursuant to Tex. Local Gov't U
.R. The ENGINEER further akmocs to release.
s ^watts. and emgloveex from liability for any
RNGINRF.R's officers. aeents, or employees
zgnrdlcsa of whether the iniury or dantate- is
n or anaar+ettt condition of property owned or
to extent to which ENGINEER is pmhibited
lc S 271.904or other law.
This agreement and said attachments may only be amcnded, supplemented, modified or canceled by a duly executed writtt:n
instnuncnt.
EXECUTED, this the ,___ day of
OWNER: City of Wichita Falls. Texas
By:
Damon Leiker, City Managcr
(seal)
ATTEST;
Lydia Ozuna, City Clerk
FORM APPROVED:
Miles Risley, City Attorney
20
ENGINEER: Proven Cornerstone Engineering, PLL+C
dba Cornerstone Engineering
Texas Licensed Engineering Firm No F -1074
Bv-
Martin Littekcn, Jr., P.E., Pros nt
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