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HomeMy WebLinkAboutContract 49230-R1 CITY SECRETARY FORT WORTH,., Purchase OrdePCINT.,RA07 id0. 41 a 3 0-W Page: 1 of 1 City Of Fort Worth Dispatch Via Email 200 Texas Street Purchase Order Date Revision FORT WORTH TX 76102 FW020-0000000244 12-05-2018 Payment Terms Freight Terms Contract ID: NET 0 FOB Destination,Frt 00000000000000 Prepaid 00000003256 Requester Phone Requision ID: Camar o,Elizabeth 817/392-8759 0000000305 Supplier: 0000025454 Ship To:0000000188 TRANSPORTATION&PUBLIC WORKS CTC INC Administration 6100 SOUTHWEST BLVD STE 500 200 Texas Street FORT WORTH TX 76109 2nd Floor United States Fort Worth TX 76102 United States Bill To: TRANSPORTATION&PUBLIC WORKS Administration 200 Texas Street 2nd Floor Fort Worth TX 76102 United States Line Item/Description Item/Description Quantity UOM PO Price Extended Amt Due Date 1 - 1 FY 19 FWWR & 7TH AND 1.00 EA 29700.00 29700.00 12/05/2018 MUSEUM WAY CROSSINGS Fund Dept Account 10100 0204005 5330201 Total PO Amount 29700.o0 Duplicate Nguyen, Tai To: Nguyen, Tai; Boamah, Tracey Cc: Camargo, Elizabeth; Flores, Yvette Subject: RE: Contract Renewal Pf T . From: Black, Doug 10(Zi[if Sent: Tuesday, Septem 10, 2019 10:26 AM To: Nguyen, Tai <Ta i.Nguyen @fortworthtexas.gov>; Boamah, Tracey<Tracey.Boa m a h @fortwo rthtexas.gov> Cc: Camargo, Elizabeth <Elizabeth.Camargo@fortworthtexas.gov>; Flores,Yvette <Yvette.Flores @fortworthtexas.gov> Subject: RE: Contract Renewal Attach this to a copy of the contract and route to Legal and CMO for initials, and then to CSO for filing as R-1. Thx. From: Nguyen,Tai Sent:Tuesday, September 10, 2019 9:53 To: Black, Doug<Douglas.Black@fortworthtexas.gov>; Boamah,Tracey<Tracey.Boamah@fortworthtexas.gov> Cc: Camargo, Elizabeth <Elizabeth.Camargo@fortworthtexas.Rov>; Flores,Yvette <Yvette.Flo res@fortworthtexas.gov> Subject: RE: Contract Renewal Tracey, Attached is FY19 PO. Will you file this with CSO Thanks Tai From: Black, Doug Sent:Tuesday, September 10, 2019 9:43 AM To: Nguyen, Tai <Tai.Nguyen@fortworthtexas.gov>; Boamah, Tracey<Tracey.Boa mah@fortworthtexas.gov> Subject: RE: Contract Renewal Importance: High You don't need a new contract. You need a renewal document. Since there wasn't one created in 2018-19, you'll need to file a copy of the PO that funded that year with the CSO in order to establish R1 for this contract. db CITY SECRETARY• r _ CONTRACT NO, P c : __: Maintenance Agreement Maintenance Agreement (Agreement") is made by and between the City of Fort ( "City"), a home-rule municipal corporation located in Tarrant, Denton, and 9 9 ounties, Texas, having its principal office at 1000 Throckmorton, Fort Worth, Texas, and CTC Inc., a licensed Texas corporation, having its principal office at 9601 Camp Bowie West Boulevard,Fort Worth,Texas,with reference to the following facts: A. On February 2, 2005 the City entered into an agreement with the Fort Worth and Western Railroad Company ("Railroad") whereby the Railroad granted the City an at-grade crossing at Museum Way and the City agreed to install and maintain the crossing and install and maintain warning signal devices to implement the Museum Way crossing and at the W. 7th Crossing install and maintain warning signal devices, and at both crossings install and maintain "quiet zones" as that term is defined and regulated by Federal Railroad Administration. B. To fullfill its obligations under its agreement with the Railroad,the City seeks an independent contractor knowledgable in the maintenance of Warning, Signal Devices and Quiet Zone Devices. 1. Services to be provided by Contractor ! 1.1 Contractor agrees to maintain the at-grade crossings at Museum Way and W.7th j Street, including highway-rail grade crossing warning systems and quiet-zone equipment once installed,as follows: Crossing signals - all testing, cleaning, painting, replacement of broken reflectors and lenses, signal, lamp replacement, bonding, primary battery replacement, storage battery maintenance, light alignment, bell maintenance, relay inspection and testing, cable inspection and testing, gate arm inspection, gate mechanism inspection, troubleshooting, ground test circuits, exit gate management system with integrated active vehicle detection, backup wayside horn system, and quiet zone confirmation signals, All such work shall be performed in accordance with 49CFR, Chapter II,Federal Railroad Administration(FRA). 1.2 Contractor's maintenance services shall conform to all applicable federal,state and local standards, including the testing and inspection by contractor of all such grade- 1 crossing warning devices at thirty-day intervals,and shall include all tests and inspections as required by 49 CFR Chapter II,part 234 G grade-crossing signal-system safety and Part 236, Rules, standards and Instruction governing the installation, inspection, maintenance, and repair of signal and train control systems,devices,and appliances. These requirements il 1 t - r shall include tests on cables and relays. All cables and relays that fail to meet FRA standards will be repaired or replaced by contractor. 1.3 If any piece of equipment to be maintained by Contractor is damaged or destroyed, Contractor shall promptly repair such equipment. however, if the cost of such repair exceeds $500, and if the condition of the crossing warning signal system presents an immediate danger to the traveling public, Contractor shall take the followings steps in order: A. Promptly initiate efforts to warn highway users and railroad employees at the subject crossing as directed by 49 CFR Chapter H,part 234. Continue such efforts until appropriate repairs have been made and the crossing warning system is functioning properly. B. Notify City immediately. C. Make a reasonable attempt to thoroughly diagnose and repair equipment before replacement of costly signal system components. D. Upon receiving direction from City concerning cost to make repairs, make such repairs in a timely manner. E. Notify City and FWWR that crossing warning system is functioning properly. 1.4 During the term of this Agreement, Contractor shall prepare and file with the appropriate government agencies all documentation required by such agencies in connection with the Signal and Crossing Systems, All FRA required forms shall be kept at Contractor's office in Fort Worth,TX, with a copy of all reports forwarded to the City with the monthly invoices. 1.5 Contractor shall provide sufficient personnel and supplies in order for the services required pursuant to this Agreement to be performed 24 hours per day,365 days per year. Contractor shall provide the City, the Railroad, and the Fort Worth Police Department the telephone number and such other contact information as may be requested in order that communication with Contractor can be maintained 24 hours per day. 2. Monthly Service Charges,Maintenance Materials and Supplies; Billing 2.1 Contractor shall furnish all maintenance materials and supplies consumed by Contractor in providing the maintenance services describe in the Agreement,whether such services are provided in response to damaged grade crossings, acts of God, or testing of cables and relays. Contractor shall provide the following materials with no mark-up: bonds, track connections, lenses, reflectors, signal bulbs, arrestors, fuses, and shear pins. i All other consumable materials required by Contractor in rendering the maintenance services required hereunder will be billed at cost plus 10%handling charge. In addition to i i RAILROAD MAINTENANCE AGREEMENT Page 2 of 8 the materials cost, if any, Contractor shall bill City for labor and shipping. All services, including materials,labor, and shipping shall be billed without tax. 2.2 Contractor shall submit invoices to City together with necessary supporting documents to substantiate the materials consumed and labor provided. City shall remit payment of invoices within 30 days from the date that the invoice is received. 2.3 Contractor shall end monthly billing statements, as formulated below, to the City on the 1st business day of each month, for services provided during the previous month, commencing with the 1st day of the first month following the execution of this Agreement. The City shall pay such monthly bills in full within 30 days from the date the invoice and monthly IRA reports are received. 2.4 The monthly compensation fees for the services to be performed by Contractor shall be as follows: Highway-Rail Grade Crossing Warning System Maintenance: FWWR&Museum Way $1,375 per month FWWR&W 7th Street $1,100 per month TOTAL/MONTH $2,475 per month 3. Insurance Requirements 3.1 At its own expense and during the term of this Agreement, Contractor shall maintain the following insurance: (a) Workers' Compensation Insurance providing Statutory Benefits under the Workers' Compensation Act of the State of Texas and/or any other state or Federal Law of Laws applicable to the contractor's employees performing the work under this instrument, and Employer's Liability Insurance of not less than$500,000 each accident, $500,000 each employee for disease and $500,000 limit for disease. (b) Comprehensive Automotive Liability Insurance providing limits to be not less than$2,000,000 per occurrence for bodily injury and property damage and$2,000,000 in the aggregate for all occurrences. If any part of the work is sublet, similar insurance shall be provided by or on behalf of the subcontractor(s) to cover their operations. (c) Comprehensive General Liability Insurance providing limits to be not less than$2,000,000 per occurrence for bodily injury and property damage and $2,000,000 in the aggregate for all occurrences. If any part of the work is sublet, similar insurance shall be provided by or on behalf of the subcontractor(s) to cover their operations. RAILROAD MAINTENANCE AGREEMENT Page 3 of 8 g. Other than worker's compensation insurance, and in lieu of traditional insurance, the City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. h. All 'insurance policies required hereunder shall include a waiver of subrogation providing rights of recovery in favor of the City and the Railroad. i. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of services being provided under this Agreement, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence that could give rise to a liability claim or lawsuit or that could result in a property loss. 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein. In. Upon the City's request, Contractor shall provide complete copies of all insurance policies required by these contract documents. n. Subcontractors shall be deemed agents of Contractor and are subject to the terms hereof. 3.3 Fort Worth and Western Railroad Insurance Requirements In addition to the City of Fort Worth insurance requirements listed above, the Contractor is required to satisfy the requirements of and execute the attached "Right of Entry Agreement" with the Fort Worth and Western Railroad (see Exhibit A). The Right of Entry Agreement contains the railroad's insurance requirements. C e i RAILROAD MAINTENANCE AGREEMENT r Page 5 of 8 4. Termination 4.1 This Agreement may be terminated by Contractor upon thirty-day written notice to the City for any of the following; (a) City's bankruptcy,insolvency, or assignment for the benefit of creditors; (b) City's failure to pay any amounts owed Contractor under the terms of this Agreement, and such default continues for fifteen days after the date the payment was due. 4.2 This Agreement may be terminated by the City upon thirty-days written notice to Contractor if Contractor fails to perform reasonably satisfactorily under the terms and conditions of this Agreement, and City has given Contractor written notice itemizing the defects or deficiencies of Contractor 's performance and has given Contractor 45 days in which to cure the defects or deficiencies. 4.3 This Agreement may be terminated by the City for convenience and without cause upon 10 days written notice. 5. Indemnification Contractor also covenants and agrees to, and by these presents does hereby, fully indemnify,hold harmless and defend the City, its officers, agents and employees from all ! suits,actions or claims of any character,whether real or asserted,brought for or on account E of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design,performance or completion of any work to be performed by said Contractor, its contractors, subcontractors, officers, agents or employees,or in consequence of any failure to properly safeguard the work or on account of any act, intentional or otherwise,neglect or misconduct of said Contractor, its E contractors,sub-contractors, officers, agents or employees. I It is understood that the foregoing is not intended to cover matters in which the City,its officers, employees or agents have been found to be negligent or grossly negligent or to have committed malfeasance. !i 6. Term This Agreement shall remain in full force and effect for aperiod of one year for the services to be rendered by Contractor hereunder, This Agreement shall renew for four additional one year periods. 7. RAILROAD MAYNTENANCE AGREEMENT Page 6 of 8 I n G Miscellaneous 7.1 Drug Testing. Contractor shall comply with FRA's drug and alcohol testing program. 7.2 Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors, assigns, personal representatives, and heirs. No party,however,may assign this Agreement,or any portion thereof,to anyperson without the prior written consent,not to be unreasonably withheld, of the other party. 7.3 Governing Law. The provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue shall lie exclusively in any court of competent jurisdiction located in Tarrant County,Texas, 7.4 Notices. "Notice," except in Section 1.4, means a written notice required or permitted under this Agreement. For non-emergency notice, a notice shall be deemed given or sent when deposited, as certified mail or for overnight delivery,postage and fees prepaid, in the United States mails; when delivered to Federal Express, United Parcel Service, DHL Worldwide Express, or Airborne Express, for overnight delivery, charges prepaid or charged to the sender's account;when personally delivered to the recipient;when transmitted by electronically confirmed as having been successfully transmitted; or when delivered to the home or office of a recipient in the care of a person whore the sender has reason to believe will promptly communicate the notice to the recipient. Emergency notice may be given to the individuals listed below and such notice may be given by e-mail or facsimile with confination of delivery by return e-mail or telephone call. If to Fort Worth: Mr. Sam Werschky, P.E Transportation and Public Works Department 1000 Throckmorton Fort Worth,Texas 76102 sate werschky@fortworthtexas,g Telephone 817-392-7861 Facsimile 817-392-2533 If to Contractor Mr. Kurt Anderson CTC Inc. 9601 Camp Bowie West Boulevard 1 Fort Worth,Texas 76116 kanderson@ctcinc.coin Telephone 817-886-8215 Facsimile 817-886-8225 7.5 Entire A event, This Agreement constitutes the entire agreement among the parties regarding the subject matter of this Agreement,and no previous statement,promise, u RAILROAD MAWTENANCE AGREEMENT Pap 7 of 8 k d agreement, inducement or representation, whether oral or written, shall be of any further force or effect unless expressly set forth herein. All parties acknowledge and agree that they have been advised of and had the opportunity to seek the advice of counsel of their own choosing regarding the terms of this Agreement and the advisability of executing it. All parties acknowledge and agree that they have each fully read and understood the terms of this Agreement. Should any part of this Agreement be held by a court of competent jurisdiction to be unenforceable or invalid, the remaining portions of this Agreement shall remain in full force and effect. In witness hereof,the following parties hereto have executed this Agreement. CTC Inc.: City of Fort Worth: Icui An erson Jay Chap Vice President Assistant City Manager Date: ) Date: i Appkoval Recommended: L4A- Cj LJ DouglQ W.Wiersig,P.E irector Transportation and Public Works Approved as to Form and Legality: I I 1 3 Corporate Secretary Doug as W. Black Senior Assistant City Attorney E ari J Kayser City Secretary C) r :z a RAILROAD MAINTENANCE AGREEMENT Page 8 of 8 r Contract Compliance Manager: By signing I aclmowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 44 4ame of EM.Io Title ❑ This farm Is N/A as No City Funds are associated with this Contract ; Printed Name Signature ; i i i fE t I h �l I I I 4f 4 It t�S. k n CITY SECRETARY CONTRACT NO. Amendment No. 1 To Maintenance Agreement (City Secretary No.49230) This Amendment No. 1 ("Amendment')to that certain Maintenance Agreement(City Secretary No. 49230, June 26, 2017)("Agreement')is made by and between the City of Fort Worth("City"), a Texas home-rule municipal corporation having its principal office at 200 Texas,Fort Worth,Texas, and CTC Inc., a Texas corporation,having its principal office at 9601 Camp Bowie West Boulevard, Fort Worth, Texas("CTC"). On February 2, 2005,the City entered into an agreement with the Fort Worth and Western Railroad Company("Railroad")for the installation and maintenance of an at-grade crossing, including warning signal devices, at Museum Way and to install and maintain warning signal devices at the West 71' Crossing. The City has contracted with CTC to perform said maintenance. On October 4,2013, the City entered into a Compromise Settlement Agreement For TRV Bridges (City Secretary No.44950)with the Railroad whereby the City agreed to install and maintain temporary railroad crossings at Henderson Street and N. Commerce Street("Temporary Crossings")to allow for construction of bridges as part of the Trinity River Vision Central City Project. City now desires to amend its Agreement with CTC to provide for additional scope and costs for the maintenance of the Temporary Crossings. 1. Services to be provided by Contractor hi addition to those services in the Agreement, which shall not be affected by this Amendment, CTC agrees to maintain the temporary at-grade crossings at Henderson Street and N. Commerce Street, including highway-rail grade crossing warning systems in the same manner and with the same duties and standard of care as described in the Agreement. 2. Monthly Service CharSes,Maintenance Materials and Supplies,Billing In addition to those fees and charges in the Agreement,which shall not be affected by this Amendment, this Amendment adds the following fees for maintenance of the Temporary Crossings: Highway-Rail Grade Crossing Warning System Maintenance: FWWR& Henderson Street $1,000 per month FWWR&N. Commerce Street $1,000 per month Total per month $2,000 per month 3. r This Amendment makes no changes to sections 3, 4, or 5 of the Agreement,which terms shall �EC�ly� main in full force and effect with regard to the tasks, duties and responsibillities_ot',the_parties_pursuant tQ this Amendment. OFFICIAL CI C S4�t2�A�1Y CIT s" rT. JQV�:Ij Y1I Off%• TRANSPORTATION & PUBLIC WORKS o w,o Transportation Management ROUTING SLIP 9/11/2019 Transportation Engineering To: Initials Date Tai N u en 0-11- Chad Edwards ew, Tana Brooks D� William Johnson /3 Doug Black "I t Dana Bur hdoff Mary J. Kayser ❑Action ❑File ❑Note and Return Approval ❑For Clearance ❑Per Conversation As Requested ❑For Correction OPrepare Reply Circulate ❑FYI L]See Me Comment Olnvestigation ❑Signature Coordinate Llustify ❑Other REMARKS: This contract is for yearly routine maintenance cost for CFW maintaining two FWWR & 7th Street and FWWR & Museum Way crossings. The contract was signed in 2017 with the term "shall renew for four additional one year period", and the renewal was automatic for FY18-19. This is the second renewal for this contract. Please initial only. Renewal: ❑1 st [2 2nd ❑3rd ❑ 4th ❑ New Contract FID: Various FROM: Tai Nguyen Phone: (817) 392-2359