HomeMy WebLinkAboutContract 36654 CITY SECRETARY
udN"ITRACT NO.
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 Related to the Bridge Maintenance Program.
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
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ENGINEER may, after giving 7 days' written notice to CITY, suspend
services under this AGREEMENT until paid in full, including interest.
In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because
of such suspension of services.
Article IV
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
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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
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.
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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
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
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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.
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 subcon-sultant
reasonable advance notice of intended audits.
(3) ENGINEER and sub consultant 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:
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$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 occurrence
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.
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(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 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.
(j) 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
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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.
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
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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.
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
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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.
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.
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(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
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
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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.
(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,
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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.
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
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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 attorney's 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, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., 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.
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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
Attachment C — Changes or Amendments to Standard Agreement
and Attachment A
Attachment D — Responsibilities of the City
Executed this the oV day of , 20t%' .
ATTEST: CITY OF FORT WORTH:
L----
Marty Hendrix Fernando Costa, Acting
City Secretary Assistant City Manager
G'ou4'CZ7
Contract Authorization APPROVAL RECOMMENDED:
Date 1Aobert oode
Director- Transportation and
Public Works
APPROVED AS TO FORM ENGINEER:
AND LEGALITY: Trans step�s Corporation
Consultants 4-)
By:
Assistan i ttorney Raul Pena, III, P.
Regional Vice President
500 West Seventh Street
Fort Worth, Texas 76102
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ATTACHMENT"A"
SCOPE OF SERVICES
ENGINEERING SERVICES RELATED TO THE BRIDGE MAINTENANCE PROGRAM
A. General
The professional services set out herein are associated with individual assignments
involving the evaluation and inspection of problem bridges identified in TxDOT's "Condition
Reports" recommending corrective measures and, if necessary preparing the plans and
specifications and inspecting construction to correct the identified problems. The engineer
will be utilized on an as-needed basis. All work required will be covered by this
agreement.
B. Character of Engineer's Services
1. The Engineer shall consult with the City to clarify and define the City's
requirements relative to the assignment and review available data.
2. The Engineer agrees to commit the personnel to each assignment as necessary in
an expeditious manner.
3. The Engineer shall advise the City as to the necessity of City's providing or
obtaining from others services and data required in connection with the
assignment at City's cost and expense (which services and data the Engineer is
not performing services hereunder), and act as the City's representative in
connection with any such services of others.
4. The Engineer agrees that engineering services will be managed and performed in
its Fort Worth Office, except work done by sub consultants.
C. Special Services
If authorized in writing by the City, the Engineer shall furnish or obtain from others,
"Special Services" necessary to complete the assignments. The City and the Engineer
shall agree on the scope and compensation for the performance of Special Services prior
to the commencement of such "Special Services".
D. Procedures for Providing Services
1. The Engineer shall visit the designated site with the City Project Manager or
representative within three (3) days of receiving notice to define the scope of the
assignment. The Engineer will then inform the City in writing of the scope, design
schedule, and expected design costs to complete the assignment.
2. The City shall then confirm the design cost and scope in writing and direct the
Engineer to proceed with the investigation, design and preparation of the
necessary working documents. The Engineer shall submit the design to the City in
five copies along with the estimate of probable construction cost.
3. Upon written approval of the design, the Engineer shall make whatever final
changes are necessary and submit the drawings and technical specifications to
the City for use in bidding. In general,the City shall provide the standard City
forms and perform all bidding and contract award tasks.
4. Following bidding the Engineer shall make recommendations concerning award of
the contract.
5. During construction, the Engineer shall assist the City, if required, in inspecting
construction and resolving any problems that might arise.
s. Electronic mail will be the preferred mode of communication for routine matters
requiring a written record.
7. Engineer will track expenditures. At the end of each month, the Engineer will
submit a status report to show the current cost budget and percent complete.
ATTACHMENT"B"
COMPENSATION AND SCHEDULE
ENGINEERING SERVICES RELATED TO THE BRIDGE MAINTENANCE PROGRAM
A. Compensation
1. Payment for services will be computed on the basis of"Schedule of Rates"as published by
the Fort Worth office of TranSystems. This will be full compensation for the Engineer for
fringe benefits, overhead and profit.
2. Payments shall also include Direct Non-Labor Expenses which, in general, include
expenses for supplies, transportation,equipment, travel, communication, subsistence and
lodging away from home, and similar incidentals.
4. Payment for expenses, costs and services as described in Attachment"A"shall not exceed
$ 150,000.00.
5. Partial payment shall be made monthly upon receipt of an invoice from the Engineer,
prepared from the books and records of the Engineer,outlining the amount of hours
worked by each employee, the employee's name and classification, and the employee's
salary rate along with itemized charges for any subcontract and reproduction work
performed during the period covered by said invoice. Each invoice is to be verified as to its
accuracy and compliance with the terms of this contract by an officer of the Engineer.
Payment according to statements will be subject to certification by the Director of
Engineering or his duly authorized representative that such work has been performed.
B. Schedule
Services outlined in "Exhibit A" shall be completed one year from the date of the signed contract
and this contract may be extended for a second year and third year based on satisfactory
performance.
Systems
SCHEDULE OF RATES
TranSystems Fort Worth Office
For The Year Beginning January 1,2008
General Labor Category GLC FW-202
Technician V T5 120.00
Technician IV T4 115.00
Technician III T3 85.00
Technician II T2 70.00
Technician I T1 60.00
Surveyor V S5 126.00
Surveyor IV S4 114.00
Surveyor III S3 75.00
Surveyor II S2 55.00
Surveyor I S1 45.00
Real Estate Specialist V RA5 200.00
Real Estate Specialist IV RA4 150.00
Real Estate Specialist III RA3 102.00
Real Estate Specialist II RA2 93.00
Real Estate Specialist I RA1 85.00
Planner V P5 150.00
Planner IV P4 140.00
Planner III P3 135.00
Planner II P2 85.00
Planner P1 70.00
Inspector V 15 125.00
Inspector IV 14 100.00
Inspector 111 13 80.00
Inspector II 12 65.00
Inspector 11 55.00
Structural Engineer V ES5 210.00
Structural Engineer IV ES4 170.00
Structural Engineer III ES3 150.00
Structural Engineer II ES2 115.00
Structural Engineer I ES1 95.00
Civil Engineer V EC5 210.00
Civil Engineer IV EC4 170.00
Civil Engineer III EC3 150.00
Civil Engineer II EC2 115.00
Civil Engineer I EC1 95.00
Engineer V E5 210.00
Engineer IV E4 170.00
Engineer III E3 150.00
Engineer II E2 115.00
Engineer I E1 95.00
Clerical III C3 55.00
Clerical 11 C2 50.00
Clerical I C1 45.00
Architect V AR5 145.00
Architect IV AR4 140.00
Architect III AR3 85.00
Architect 11 AR2 70.00
Man Survey Crew 4M 175.00
3 Man Survey Crew 3M 150.00
2 Man SurveyCrew 2M 110.00
GPS Survey Crew 1 M 85.00
ATTACHMENT"C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT "A"
ENGINEERING SERVICES RELATED TO THE BRIDGE MAINTENANCE PROGRAM
AMENDMENTS TO ARTICLES IV, V,AND VI AND ATTACHMENT "A"
Article IV.H. Record Drawings
Delete this item. The Engineer will not prepare"record drawings"for this project.
Article IV.K.(2)(i):
Endorsements are noted on the Certificate of Insurance provided to the City for this project.
ATTACHMENT "D"
RESPONSIBILITIES OF THE CITY
ENGINEERING SERVICES RELATED TO THE BRIDGE MAINTENANCE PROGRAM
A. Provide criteria and full information as to the City's requirements and designate a person with
authority to act on City's behalf on all matter concerning the assignment.
B. Assist the Engineer in obtaining existing studies, reports and other available data and services of
other pertinent to the assignment and in obtaining additional reports and data as required.
C. Upon reasonable notice, arrange for access to and make all provisions for the Engineer to enter
upon public and private property as may be required for the Engineer to perform services
hereunder.
D. Designate in writing qualified persons who will act as the City's representative with respect to the
assignment for the purposes of transmitting instructions, receiving information, interpreting and
defining City policies and decisions with respect to the Engineer's services.
E. Review all reports, recommendations and other documents and provide written decisions
pertaining thereto within a reasonable time.
F. Pay for the printing of contract documents required for bidding.
G. Bear all costs incidental to compliance with this Section.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/22/2008
DATE: Tuesday, January 22, 2008
LOG NAME: 20TRANSYS 2 REFERENCE NO.: **C-22627
SUBJECT:
Authorize Execution of an Engineering Services Agreement with TranSystems Corporation,
d/b/a TranSystems Corporation Consultants of Fort Worth, Texas, for Engineering Services Related
to the Bridge Maintenance Program
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Engineering Services
Agreement with TranSystems Corporation, d/b/a TranSystems Corporation Consultants of Fort Worth,
Texas, for engineering services related to the Bridge Maintenance Program based on hourly rates not to
exceed $150,000.
DISCUSSION:
City staff and Texas Department of Transportation (TxDOT) perform regular inspections of bridges within
Fort Worth and identify deficiencies and needed repairs. This contract will provide engineering services
needed in preparing plans and contract documents for correcting the deficiencies and repairs identified
during the inspection process.
City staff negotiated an annual contract with TranSystems Corporation, d/b/a TranSystems Corporation
Consultants, for engineering services related to bridge inspections and the maintenance program based on
hourly rates not to exceed $150,000. This contract may be extended for a second year and third year based
on satisfactory performance.
TranSystems Corporation Consultants is in compliance with the City's MWBE Ordinance by committing to
18 percent MA/BE participation. The City's goal for this project of 15 percent MWBE participation.
This project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0202003 $150,000.00
Submitted for City Manager's Office by: Marc A. Ott (8476)
Originating Department Head: Robert Goode (8255)
Additional Information Contact: George Behmanesh (7914)
Logname: 20TRANSYS 2 Page 1 of