HomeMy WebLinkAboutContract 35341 r
• ..1.4 A, q{ ._
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and
TranSystems Corporation Consultants (the "ENGINEER"), for a PROJECT generally
described as: Engineering Services for the design of the Hemphill Street Connection from
Vickery Boulevard to Lancaster Avenue.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
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 to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, 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 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
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. vent of
ENGINEERING CONTRACT(REV 4/14/05)Page 1 of 15 j� t . �� 10
10
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
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
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 Investigations
(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 performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, 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, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
ENGINEERING CONTRACT(REV 4/14/05)
i
Page 2of15
N R'' ;1 ��I• I rp1P�]
MAL
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties 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 and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required 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
progress or quality of the completed work on the PROJECT or 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 accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If, for any reason, the ENGINEER should
make an on-site observation(s), on the basis of such on-site observations, if
any, the ENGINEER shall endeavor to keep the CITY informed of any
deviation from the Contract Documents coming to the actual notice of
ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform 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 shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
ENGINEERING CONTRACT(REV 4/14/05) J�n
Page 3 of 15
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 procedures and market conditions;
time or quality of performance by third parties; quality, type, management,
or direction of operating 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 will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain that the construction contractor has
completed the work in exact accordance with the Contract Documents; that the
final work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, materials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
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 various 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 are incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the CITY has goals for the
participation of minority business enterprises and woman business enterprises in
CITY contracts. ENGINEER acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. Any misrepresentation of facts
(other than a negligent misrepresentation) and/or the commission of fraud by the
ENGINEER may result in the termination of this agreement and debarment from
participating in CITY contracts for a period of time of not less than three (3) years.
LU
ENGINEERING CONTRACT(REV 4/14/05)
Page 4 of 15 G U
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY 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 subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) 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
subconsultant, involving transactions to the subcontract, and further, that
the CITY shall have access during normal working hours to all
subconsultant 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
subconsultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant 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 rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the CITY certificate(s) of insurance
documenting policies of the following coverage at minimum limits that are to
be in effect prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurre
ENGINEERING CONTRACT(REV 4/14/05)
Page 5 of 15
2G G�'
A commercial business policy shall provide coverage on "Any Auto",
defined as autos owned, hired and non-owned when said vehicle is used
in the course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and 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 years 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) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an
Additional Insured thereon, as its interests may appear. The term CITY
shall include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of forty-five (45) 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
ENGINEERING CONTRACT(REV 4/14/05) t
Page 6 of 15
74
� �� s � H TEN
� '.v�4Sfll� TEN.
sent to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the
State of Texas and have a minimum rating of A: VII in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
(f) Deductible limits, or self insured retentions, affecting insurance
required herein shall be acceptable to the CITY in its sole discretion; and,
in lieu of traditional insurance, any alternative coverage maintained
through insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the CITY.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER may
be required to provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions.
0) For all lines of coverage underwritten on a claims-made basis,
other than Professional Liability, the retroactive date shall be coincident
with 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) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance required
in this section, with the exception of Professional Liability, shall be written
on an occurrence basis.
(1) Sub consultants and 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
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
ENGINEERING CONTRACT(REV 4/14/05)
Page 7 of 15 �N t
1 1 �c:�^ 1
: itvlS��V C7 1U
C921 11(�`�
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships 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 Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER 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
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
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 required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/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 compensation will be made through an amendment
to this AGREEMENT.
Article V
Obligations of the CITY
Amendments to Article V, if any, are included in Attachment C.
A. CITY-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
ENGINEERING CONTRACT(REV 4/14/05) ��� 1 -----
Page 8 of 15 !Fit
'l
N p ��.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor 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 components of the CITY's facilities as may be required in connection with the
ENGINEER's 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 Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local,
state, or federal authorities; and land, easements, rights-of-way, and access
necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine 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 in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or 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 materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration 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.
ENGINEERING CONTRACT(REV 4/14/05) 11'l ;l".L
Page 9of15 � CV l6 d{tiq
G. Contractor Indemnification 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 Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"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
of, in connection with, or resulting from the engineering
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 against ENGINEER.
I. CITY'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 of
insurance.
(3) The CITY will specify 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
ENGINEERING CONTRACT(REV 4/14/05)
Page 10of15 Vr �V!'+�:� h�9IVUI �J
CRY
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 ENGINEER's 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.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
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 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 sole risk. The CITY shall own the final designs, drawings,
specifications and documents.
C. 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.
D. Termination
(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 does not commence correction of
such nonperformance with 5 days of written notice and diligently complete
the correction thereafter.
ENGINEERING CONTRACT(REV 4/14/05)
Page 11 of 15 /
CITYMEN, E !d Ry
t1fflHL
(2) If this AGREEMENT is terminated for the convenience of the CITY, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers,
microfilm, 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 the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) 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, Delay, 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 interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in
connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
ENGINEERING CONTRACT(REV4/14/05)
Page 12 of 15 VTTU16iRAF
,I?, kY�11104HHI Q
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability and sole negligence for indemnification.
Parties mean the CITY and the ENGINEER, and their officers, employees, agents,
and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity 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. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of
the Association then in effect. Any award rendered by the arbitrators less
than $50,000, exclusive of attorneys fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will
not be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose
in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, illegal, or unenforceable in any respect, suc i ity, -illegality, or
unenforceability will not affect any other provision, and this GREMENT shall be
construed as if such invalid, illegal, or unenforceable pro ision had never been
ENGINEERING CONTRACT(REV 4/14/05) ' "'
Page 13 of 15
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and Vi.J. shall survive
termination of this AGREEMENT for any cause.
L. 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 may 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 VII
Attachments, Schedules, and Signatures
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 Services
Attachment B - Compensation
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
C' ltrV`f
ENGINEERING CONTRACT(REV 4/14105)
Page 14 of 15
a �a'C9�: �1;� 6•e
ATTEST: CITY OF]FOdLTH
Marty HendrP Marc Ott
City Secretapr Assistant City Manager
APP ED AST OR APPROVAL RECOMMENDED:
G TY
�C
my R Robert G ode, P.E., Director
Assistant City Attorney Transportation/Public Works
N
ATTEST: TRANSYSTEM5 CORF0RATION
CONSULT T
Raul P na III, E.
Regional Vice resident
Contract Authorizatiox
Date
ENGINEERING CONTRACT(REV 4/14/05)
Page 15 of 15
l7J CI�V k 6 �d1�'i
TEX.
ATTACHMENT A—SCOPE OF SERVICES
Hemphill-Lamar-Taylor Connector
Scope of Services
December 05,2006
Surveying Services
This scope of services is for the production of right-of-way maps, parcel maps,topographical surveys and necessary
documents for the acquisition of right-of-way and permits for the design and construction of the Hemphill-Lamar
Connection in the City of Fort Worth,County of Tarrant,Texas.
A. Property Ownership-Prepare a spreadsheet document containing ownership information of all properties
within limits of project.
B. Parcel and Right-of-Way Maps- A map will be prepared showing the following;
1. Current Property lines
2. Apparent Property Owners
3. Recording information from Tarrant County Courthouse
4. Proposed right-of-way lines
C. Vertical and Horizontal Control
1. Approximately 10 horizontal and vertical control points shall be established throughout the project
limits.
2. Horizontal Control shall be on North American Datum, 1983(NAD'83),Texas State Plane
Coordinates, North Central Zone.
3. Vertical Control shall be established on the horizontal control utilizing City of Fort Worth benchmark
information and datum.
D. Topographical Survey-The topographical survey shall supplement the existing topographical survey,
including the following:
1. Field verification of existing topographical survey with comparative ties.
2. Cross-Sections of the proposed right-of-way 75 feet left and right of the centerline of the proposed
right-of-way,every 50 feet,from the North right-of-way of Vickery Blvd.to the South right-of-way of
1-30.
3. Cross-Section of 1311 St.,from Lamar St.to Taylor St.,every 50 feet, 10 feet beyond the existing
right-of-way.
4. Tie all visible utilities within limits of cross-sections.
5. Tie and provide descriptions of all sub-utility markings provided by DIGTESS within limits of cross-
sections.
6. Tie all improvements within limits of cross-sections.
7. Ties to existing 1-30 Bridge along the North&South edge of 1-30
8. Ties to four sets of railroad tracks, 1300 feet left and right of the centerline of the proposed right-of-
way,every 100 feet.
E.Right-of-Way Parcels&Permits- prepare the necessary documents and exhibits for the acquisition of
right-of-way within the project limits(7+/-),consisting of the following properties:
1. Tr.8A, Sarah G.Jennings Survey,A-844
■ 501 Lancaster Ave.
■ Ron Investments, Ltd.
2. Tr.8F,Sarah G.Jennings Survey,A-844
Scope of Services for Hemphill-Lamar-Taylor Connector 1 �W]
Fort Worth,Texas Vvs}eills
oil l
ATTACHMENT A-SCOPE OF SERVICES
■ 1291 Lamar St.
■ Ron Investments, Ltd.
3. Tr.8F-1,Sarah G.Jennings Survey,A-844
■ Jennings Ave.
■ Nile Properties, Ltd.
4. Tr.8F-2,Sarah G.Jennings Survey,A-844
■ 0000 Lamar St.
■ City of Fort Worth
5. Tr.9B,Sarah G.Jennings Survey,A-844
■ 800 W.Vickery Blvd.
• 650 Vickery, LP
6. Lot 1,Block 17,Texas&Pacific Railroad Company's Add.
■ 401 W. Lancaster Ave.
■ Cleopatra Investments, Inc.
7. Lot 5, Block 2,Saunders Add.
■ 401 W. 131h St.
■ Gary&Jay H. Frankel
Basic Design Services
A. Project Management
1. Coordinate the project with the City and other affected organizations during the design.
2. Perform general administration duties,including:management of subconsultants,scheduling;
record keeping;and file management.
3. Attend meetings with officials from the City,utility companies, railroad companies and other
governmental agencies.
4. Conduct public meetings with stakeholders.
5. Oversee quality assurance and quality control(QA/QC)program. Each scheduled submittal of
plans to the CITY will receive QA/QC.
B. Plans and Specifications
Final plans and specifications suitable for bidding and construction,with opinions of probable
construction costs,to include:
1. Roadway Plan and Profiles(including sidewalks)—plan/profiles will be prepared at 1"=20'.
These plan and profile sheets will provide horizontal and vertical geometry for layout and
construction of roadway and related improvements.
2. Roadway cross-sections—cross-sections will be prepared at 100'intervals and at locations of
where additional evaluation is needed.Cross-Sections will be prepared at 1"=10'horizontal and
1'=10'vertical.
3. Storm Drainage Design—separate storm drainage layout and profiles will be prepared for storm
sewers.These plans will be prepared at 1"=20'.Storm drain inlets,manholes,storm sewers and
related details will be included. It is assumed that storm sewer design will be limited to a gravity
system.Storm Drainage plans will include the following sheets:
a. Drainage Area Map(Hydrology and Hydraulic calculations).
b. Plan and profile sheets for proposed storm sewer.
c. Related details for inlets, manholes and junction box.
The scope of this project is based on the following assumptions: 1)outfall is assumed to be within
the limits of the project and 2)design of sump pumps and related facilities is not included in this
scope.
4. Retaining Wall Plans
Scope of Services for Hemphill-Lamar-Taylor Connector 2
Fort Worth,Texas Ko
Syste ills`\
ATTACHMENT A—SCOPE OF SERVICES
a. Permanent Retaining Walls-TranSystems will evaluate drilled shafts,soil nailing,cast-
in-place and soldier piling as possible alternatives for retaining walls along the Lamar-
Hemphill connector. Final retaining wall design will be based on the preferred systems
for the project. Detailed design drawings will include layouts,sections and profiles.
b. Temporary Construction Walls—TranSystems will identify temporary retaining walls to
assist in the construction sequencing of the railroad bridges.These walls will be
schematically designed to show intent of construction sequencing and quantities
without specifying means and methods to the contractor. Final detailing will be provided
by the contractor though shop drawing submittals.TranSystems will review these shop
drawings as described in Construction Services.
5. Signal Plans-Signal design will be performed at the Lancaster Avenue/Lamar Street and Vickery
Boulevard/Hemphill Street intersections.Signal plans will be prepared at 1"=50"and will consist of
the following sheets:
a. Existing Layout and Removals
b. Traffic Signal Design Layout
c. Signing and Markings Layout
d. Sidewalk and Ramp Layout
6. Illumination Plans- Plans for illumination will include:
a. Bridge/Safety Illumination for the connector underpass.
b. Roadway Illumination for roadway from Lancaster Avenue to Vickery Boulevard.
7. Pavement Markings and Signing Plans—City standards will be utilized where appropriate and
specific layouts will be provided for Lamar Street between Lancaster Avenue and 131h and for 131h
from Lamar Street to Taylor Street.
8. UPRR Bridge Plans—TranSystems will meet and coordinate with the railroad to provide design
and details of the proposed bridges for this location.TranSystems will prepare layouts and exhibits
for communicating the proposed construction to the railroad and for preparation of the railroad
agreement. Once a railroad approval of the layout and exhibits has been approved,TranSystems
will provide design and details of the proposed structure.Typical railroad details will be used
wherever possible in the development of these details.
9. Railroad Track Plans—TranSystems will provide track layout and details to facilitate construction of
the proposed bridges.This scope is based on a track layout of approx 1300'east and west of the
bridge construction(approx.a 2600'corridor).These plans will be in accordance with the Union
Pacific Railroad standards and guidelines. TranSystems will meet with the railroad to determine
critical design criteria for this track.This information will be provided in the railroad exhibit prepared
for inclusion in the railroad agreement.
10. Miscellaneous Details—Standard details from the City,TOOT and UPRR will be utilized where
feasible and suitable.Special details will be prepared as needed for project specific needs.
11. Specifications and Contract Documents—Standard specifications will be referenced from the City,
TxDOT,AREMA and UPRR as required for the project.Special provisions will be prepared as
needed for project specific needs.Contract documents will be prepared that will incorporate a
Notice to Bidders, Proposal,General Provisions,Special Provisions,and City standards for bonds
and contracts.
12. Opinions of Probable Construction Cost-Opinions of Probable Construction Cost will be submitted
along with plans at 30%-60%-90%-Final submittals.
C. Construction Phase Assistance
Assistance during construction including interpretation of contract documents and review of contractor
shop drawings and submittals as follows;
1. Bidding Assistance
a. TranSystems will assist the CITY during bid phase including preparation and delivery of addenda
to plan holders and responses to questions submitted to the prospective bidders.
b. Engineer shall attend the scheduled pre-bid conference.
Scope of Services for Hemphill-Lamar-Taylor Connector 3
Fort Worth,Texas SyS}e Il
• l
ATTACHMENT A—SCOPE OF SERVICES
c. TranSystems will assist in reviewing the bids for completeness and accuracy.
d. TranSystems will attend the project bid opening,develop bid tabulations in hard copy and
electronic format,and submit four(4)copies of the bid tabulation.
2. Construction Related Assistance
a. TranSystems will review shop drawings that have been submitted to the City.These drawings
will be reviewed and returned to the City with comments for the contractor to address.
b. TranSystems will make occasional visits to the site as may be requested.
Special Services
A. GeotechnicalInvestigation:
1.Subsurface Exploration
Based on past experience in the vicinity of the project,we anticipate subsurface conditions to consist of
soils and rock of the Fort Worth Limestone and Duck Creek Formation north of the railroad tracks and
PawPaw,Weno Limestone and Denton Clay geologic formations south of the railroad tracks. Clays
overlying limestone and shale are anticipated to be present. The geotechnical engineer estimates the
depth to unweathered limestone and/or shale to be 25 to 30 feet below existing grade.
Prior to field drilling,borings will be staked, underground utilities will be checked, and permitting
required will be coordinated with TxDOT and the railroad if borings are located in the railroad ROW.
This will consist of a traffic control plan as approved by TxDOT which includes safety signs,safety
cones,and flagmen, as appropriate.
Experienced drillers and technicians will evaluate subsurface conditions with a total of 15 sample
borings as follows:
• Railroad Bridge-3 borings extending 25 ft. into unweathered limestone and/or shale for
total estimated boring depth of 50 to 55 ft.
• Soil Nail Walls-8 borings extending 25 to 40 ft. (depending on wall height)
• Pavement Design(per City of Fort Worth 2005 design standards)-4 borings extending to
10 ft.
The field personnel will drill the borings using truck-mounted equipment. Cohesive and non-cohesive
soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard
split-spoon samplers, respectively. Representative continuous samples of rock will be obtained using
NW-size(formerly NX),double tube core barrels. In addition, rock encountered will be evaluated by
use of Texas Department of Transportation(TXDOT)cone penetration tests. A soils logger will extrude
the samples in the field,check the samples for consistency with a hand penetrometer,carefully wrap
them to preserve their condition,and return them to the laboratory for testing. A log of each boring will
be prepared to document field activities and results.
Boring locations will be staked using normal taping procedures. Approximate locations of the borings
will be shown on the plan of borings. Precise surveying of boring locations and elevations is not
included in the cost estimate. These services may be provided as Additional Services upon request. At
the completion of drilling operations, boreholes will be backfilled with drill cuttings and plugged at the
surface by hand tamping.
2. Laboratory Services
Considering the planned roadway improvements,anticipated soil conditions and geology, laboratory
tests will be required for classification purposes,and to determine strength characteristics. The
following types of tests are therefore recommended:
Scope of Services for Hemphill-Lamar-Taylor Connector 4
Fort Worth,Texas �ySle�s
� 1.
ATTACHMENT A—SCOPE OF SERVICES
a. moisture content and soil identification
b. liquid and plastic limit determinations
c. grain size analysis tests
d. unconfined compression tests on soil and rock and direct shear tests on soil
e. soil corrosion tests, including resistivity,pH,chloride and sulfate
The specific types and quantities of tests will be determined based on geologic conditions encountered
in the borings.
3. Engineering Services
An engineering report will be prepared to present the results of the field and laboratory data together
with our analyses of the results and recommendations. The report will address:
a. general soil and ground-water conditions
b. recommendations for bridge foundation,depth and allowable loading
c. geotechnical design parameters for soil nail walls
d. foundation construction requirements
e. earthwork recommendations
f. pavement design per City of Fort Worth 2005 standards
Items other than those specified above,which are revealed by these studies or are necessitated by
a change in project scope, may require revised field, laboratory,and engineering services. These
services, if required and requested,will be performed as Additional Services.
B. Permitting:
1. Texas Department of Transportation(TxDOT)
a. Prepare plans and specifications for TxDOT review and approval.
b. Prepare necessary permit applications and related exhibits.
2. Union Pacific Railroad(UPRR)
a. Coordinate with UPRR as needed to obtain approval of a proposed alternative to
construct the Hemphill-Lamar connector under the railroad.
b. Provide preliminary plans and concepts for UPRR's review and comment.
c. Prepare necessary exhibits for City to use in preparation of agreement with UPRR.
d. Submit final plans and specifications for UPRR review,comment and approval.
3. Texas Department of Licensing and Regulation (TDLR)
a. Register Project with TDLR(at 60%).
b. Submit to TDLR for General Review comments.
c. Prepare plans and incorporate general comments.
d. Submit Final plans for approval and make final revisions as needed.
e. Arrange for TDLR Registered Accessibility Specialist to inspect final construction of
project.
C. Subsurface Utility Engineering:
1. Provide Quality Level B(QL-B)services within the proposed new right-of-way(ROW)of Hemphill
Street and for the entire intersections of Vickery Blvd/Hemphill Street, Lancaster Ave./Hemphill
Street and 131h Street/Hemphill Street(from curb return to curb return within these intersections).
QL-B services includes mapping all utilities within these project limits.
2. Identifying, inventorying and mapping existing overhead utility systems is included within this scope
of services.
3. Quality Level A(QL-A:test holes)will be provided at up to seven locations as determined by the
Client after review of QL-B services.
4. Existing horizontal and vertical control will be used for the collection of field information and plotting
utility information.
Scope of Services for Hemphill-Lamar-Taylor Connector 5
Fort Worth,Texas
5y�tems
1
L
ATTACHMENT A—SCOPE OF SERVICES
5. Applications will be made with TxDOT Fort Worth District and railroad purveyors for accessing their
ROWS to provide these services. Arrangements will be made with the railroad purveyors for
required flag-persons,etc.to provide work within their ROW. Processing and acquiring permits
and/or right-of-entry to properties not owned by the City of Fort Worth will also be performed.
6. The following Subsurface Utility Engineering(SUE)services are defined:
a. Quality Service Level D (OL-D)—This level of service is inclusive of QL-B services and
consists of the collection of existing utility record information(as-built)from utility purveyors,
municipalities,counties and other agency suppliers within the area of investigation. Typical
utilities included are: primary electric,telephone,cable TV,fiber optic,gas, petroleum,water,
sanitary sewer and storm drain systems. Meet with TxDOT to collect the utility record
information that TxDOT has on file for this project.
b. Quality Service Level C(QL-C)—This level of service is inclusive of QL-B services and
consists of field locating to obtain accurate horizontal position of visible utility surface features
for all of the utility systems located within the project limits.
c. Provide Quality Service Level B(QL-B Designating Services)-Quality Levels D and C
are inclusive with Level B services. Designate is to indicate,by marking with paint,the
presence and approximate horizontal location of subsurface utilities using geophysical
prospecting techniques,including,without limitations,electromagnetic,sonic and acoustical
techniques. Provide the following designating services to aid the Client in the design of site,
right-of-way,construction plans or project development plans,or for other purposes as agreed
to by the parties.
1. Provide all equipment,personnel and supplies required for performing designating
services.
2. Conduct appropriate investigation of site conditions.
3. Designate the approximate horizontal location of the existing utilities within the project
limits as previously described in the Project Understanding section of this contract.
4. Mark the utilities on the ground to be surveyed.
5. Markings on the ground are to be used for design purposes and not for construction
excavation purposes. The use of information provided does not relieve any
contractor from the duty to comply with applicable utility damage prevention laws and
regulations, including, but not limited to,giving notification to utility owners or`one-
call"centers before excavation.
6. The accuracy of subsurface data can be influenced by factors beyond our control,
such as conductivity of materials and their surroundings,soil moisture content,
proximity of other underground utilities or structures,depth of utility,etc. Therefore,
only the accuracy of data obtained by actual physical verification (through vacuum
excavation or otherwise)can be guaranteed to applicable engineering and/or
surveying standards.
7. SUE services will be performed to the prevailing standard of care applicable in the
Subsurface Utility Engineering profession.
8. Data Management—analyze and correlate all of the field-collected information with
the collected record information for ensuring continuity of the information collected.
Resolve conflicts with Level D,C, B and A information. All information will be
correlated to the project's monumentation.
9. Plan Preparation—Plan sheets(24"x 36")will be prepared utilizing the format
required by the Client. The utilities will be referenced by the type of utility,color
coded to American Public Works Association standards,utility company or agency
name,address,telephone number and contact person.
10. Quality Service Level A-Locating(Test Hole)Services: Locating services is to
locate the accurate horizontal and vertical position of subsurface utilities by
excavating a test hole using vacuum excavation techniques and equipment that is
Scope of Services for Hemphill-Lamar-Taylor Connector 6
Fort Worth,Texas �yS�eI�S
® 1
ATTACHMENT A—SCOPE OF SERVICES
non-destructive to utilities. Quality Level B services are inclusive of QL-A services.
The following services for will be provided for obtaining QL-A information:
a.Provide all equipment,personnel and supplies required to perform locating
services.
b.Utilize existing records and designated utilities at the site and investigate site
conditions.
c.Excavate test holes to expose the top of utility to be measured in such a manner
that insures the safety of the excavation and the integrity of the utility to be
measured. In performing such excavations,applicable utility damage prevention
laws will be followed. Excavations will be performed using specially developed
vacuum excavation equipment that is non-destructive to existing facilities.
d.Investigate,evaluate,measure and record a)the actual depth to the top of utility
and b)the outside diameter of utility and configuration of non-encased,multi-
conduit systems.
e.Furnish and install markers directly above the centerline of utility structure and in
each excavated test hole.
f. Backfill around the exposed facility using the excavated materials. Excavations will
be backfilled and compacted in 6 inch lifts. Compaction will comply with permit
requirements.
g.Provide restoration of pavement within limits of original cut. When test holes are
excavated in areas other than roadway pavement,these disturbed areas shall be
restored as nearly as reasonably possible to the condition that existed prior to
excavation.
h.Evaluate and compare field information with utility information described in utility
records and resolve conflicts.
D. Aesthetic Enhancements:
TranSystems will incorporate aesthetics into final plans and specifications
1. Create conceptual 3D model
2. Develop 3-4 different aesthetic options for both entrances and present in 3D model
3. Develop color schemes for aesthetic treatments and retaining walls
4. Coordinate 3 stakeholder meetings
a. Meeting#1:present downtown architectural language and interview stakeholders. Leave with an
understanding of stakeholder goals and issues.
b. Meeting#2:present 3-4 aesthetic options with color schemes. Leave with an understanding of
option preference(or combination of options preference)
c. Meeting#3: present final scheme with colors incorporated in 3D.
5. Work with engineers to develop construction documents to incorporate aesthetic option.
E. Public Involvement:
TranSystems will provide the following public involvement services:
1. Lead Public Involvement meetings with stakeholders of project.(Conduct up to 4 public meetings)
2. Send meeting notices to Downtown Fort Worth Inc., Historic Fort Worth, Fort Worth South,TxDOT,
UPRR and other groups as identified by the City.
3. Provide exhibits suitable for meetings.
4. Prepare Meeting Notes
F. Reimbursables
1. 30 set of plans for interim reviews
2. 20 sets of plans for utility coordination
3. 40 sets of the final plans and specifications for distribution to potential bidders.
4. 1 Mylar set of final plans for City vault
Scope of Services for Hemphill-Lamar-Taylor Connector 7
Fort Worth,Texas
L97�:Y_:Iel1l1S\
I
D
ATTACHMENT A—SCOPE OF SERVICES
5. 4 mounted exhibits for Public Meetings
6. TDLR review fee
7. UPRR flagman for survey work in railroad right-of-way
Assumptions:
1. SUE work excludes work on 1-30 due to existing bridge area which was constructed for proposed project.
2. No Easement Acquisition services included at this time.This service will be performed by City forces.
3. Environmental documentation is not included
4. Utility relocation design is not included
5. No sump Pump or off-site drainage is included
6. Plans and specifications for demolition not included
7. UPRR will perform railroad signal plan work
8. Does not include preparation of the actual contract(agreement)between the railroad and the City.
Scope of Services for Hemphill-Lamar-Taylor Connector 8
Fort Worth,Texas �����
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/29/2007
DATE: Tuesday, May 29, 2007
LOG NAME: 20HEMPHILLCONN REFERENCE NO.: **C-22140
SUBJECT:
Rescind Award of Contract to Transystems, Inc., and Authorize Execution of Engineering Services
Contract with Transystems Corporation Consultants for the Design of the Hemphill Street
Connection from Vickery Boulevard to Lancaster Avenue
RECOMMENDATION:
It is recommended that the City Council:
1. Rescind the award of contract to Transystems, Inc.; and
2. Authorize the City manager to execute a contract with Transystems Corporation Consultants in the
amount of $767,476.00 for the design of the Hemphill Street Connection from Vickery Boulevard to
Lancaster Avenue.
DISCUSSION:
On April 10, 2007, (M&C C-22050) the City Council authorized the City Manager to execute a contract with
Transystems, Inc. Subsequent to Council approval, it was determined that the name of the legal entity
should be Transystems Corporation Consultants rather than Transystems, Inc.
Transystems Corporation Consultants is in compliance with the City's M/WBE Ordinance by committing to
28 percent M/WBE participation. The City's goal on this project is 28 percent.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget as appropriated of the
Street Improvement Fund.
TO Fund/Account/Centers FROM Fu nd/Accou nt/C enters
C200 531200 209230014130 $767,476.00
Submitted for City Manager's Office b Marc Ott(8476)
Originating Department Head: Robert Goode (7913)
Additional Information Contact: Tom Leuschen (2442)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 05/30/2007