HomeMy WebLinkAboutContract 27836���w ��c�������`7_�1��
•����1�'F�AC:•i NO.
�ii�r Q� ���� r�io��i�� ��x/4.�
5�'ARlDAR.D �C���l1��N7 FOR �NGIP�EERIf�I� S��VIC��
This AGREEMENT is between the City of Fort Worth {the "CITY"'), and
TranSystems Corporation Consultants, {the "ENGINEER"}, for a PRO,�ECT gene�-ally
described as:�ain��.e.rinc� �ervic .es far FJrs S re�t Rric`P Repairs
Ar�icle I
Scope of 5ervices
A. The Sco�e of Services is set forth �r� Attac�ment A.
�erEicle II
Compensa�ion
A. The ENGINEER's compertsaiion is set forth in Attachment B.
�rticle I[I
�erms af Paymen�
Paymenis fo the ENGf NEER wi[I be made as follows:
A.
(1 }
(2}
��)
Invoic� and Payment
The Engineer shall provide the City sufficient dacumentation to reasonably
substantiate the invoices.
Th� ENGINEER will issue monthly in�oic�s for all work performed under
this AGREEMENT. Invoices ar� due and payable within 30 days af receipt.
Upon completion of services enumerated in Article I, the final payment of
any balance will be due wiih9n 30 days of receipt of the final invoice.
{4} In tF�e event of a disputed or contested billing, only fhat porkion sa contested
will be withheld from payment, and the undispu�ed portion will be paid, The
CITY will exercise reaso�ableness in confes�ing any bil! ar porkion thereof.
No interest wll accrue on any cot�tesfed portion of the billing unt�l mu�ually
resolved.
(a) If the C3TY fails �o make payment in fiull to ENGINEER for bi�lings contested
in good faifh wifihin 60 days of fhe �maunf due, the ENGINEER may. after
giving 7 days' written notice to C1TY, suspend services unc�er -� -�
�� �
b��
�: �
— -�
AGREEMENT until paid �n full, including interest. 1n the event ofi
suspension of services, the. ENGINEER sl�all haue no liability to CiTY for
delays or damages caused the CITY because of such suspension of
services.
At#iefe IV
Oblig�tions of �he �ngineer
Amendments to Ar�icle N, if any, are included in Attachment C.
A. Ceneral
Tfi�e ENGINEER wiil serve as fhe CITY`s prafessional e�gineering representative
under this Agreement, pro�iding professional engineering cansultatian and advice
and furnishing customary services incidental thereto.
�. S�andard of �are
The standard of care applicable to �he ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professiona!
engineers or consultants perForming the same or similar servic�s at the time such
services are perFormed.
�. Subsurfac� investiga�ions
{1) TF�e ENGINEER shafl aclvise the CITY wifh regar� io the necessity for
subcontract wor�c such as special surveys, fests, test borings, or other
subsurtace investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER s�all also advise the CITY
canc�rning the resufts of same. Such surveys, tes�s, and in�estigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
{2j In soifs, foundation, groundwa�er, and other subsurface investigations, the
actual characteristics may vary significantly hetween successi�e test points
and sample intervals and at locatior�s other t�an where observations,
exploratian, and in�es��gations have been mad�. Because of the inherent
uncertainties in subsurface evafua�ians, changed or unanticipated
underground conditions may occur that cot�ld affect �he total PROJECT cost
and/or ex�cution. These conditions and costlex�cution �ffects are not the
respansibility of the ENGINEER.
D. �reparafiion o� �ngineering Drawings
The ENGINEER will pro�ide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheefs, or as otherwise appro�ed by CITY, which shall
become the property of th� C1TY. CITY may use such drawings i� any manner if
desires; provided, however, that the ENGINEER shall nat be liable for the use of
such drawings for any praj�ct other than the PRd.1ECT described herein.
I�. �ngineer's �ersonnei a� Cons�ruc�ion Si�e
�1) The presence or duties of �he ENGINEER's personnel at a cons�ruction
site, whether as on-sit� r�presentatives or otherwise, do not make �he
ENGINEER or its personne{ in any way respo�sibfe for fhose duties that
belong to the CITY a�dlor the CITY's construction contractors or ofher
entities, and do no# refieve the canstruction contractnrs or any ather entity of
th�ir obligafians, duties, and respansib�lifies, including, but not limited to, all
construction methods, means, �echniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
wor�C in accor�ance with fihe Contracfi Documents and any health or safety
� precau#ions required by such cansiruction work. The ENGINEER and its
personnel ha�e no authority �o exercise any confrol over any canstruc�ion
contracfor or other entify or their employees in connecfion with their work or
a�y health or safety preca�tions.
(2) Except �o �he exten� of specific sife visits expressly detailed and set forth in
Attachment A, the ENGINEER or i�s personnel shall have no obligation or
responsibility to visit the construction site �o become famil�ar with the
�rogress or qualify of the com�leted work on the PROJECT or to determine,
in general, if the work on the PRO.iECT is bei�g performed in a manner
�ndicating that t�e PR�.IECT, when comple�ed, will be in accordance with
the Confract Documents, nor shall anythir�g in the Contract Dacuments or
the agreement befiween CITY and ENGINEER be construed as req�airing
ENGINEER to make exha�astive or continuous on-site inspections ta
discover lafient defects in t�e work or o#herwise check the quality or quantity
of the work on the PROJECT. If, for any r�ason, the ENGINEER should
make an on-si�e observation(s), on the basis of such on-site observafions, if
any, the ENGINEER sha�l endeavor to keep the CITY informed of any
de�iafion from #he Contracf �ocuments coming to �he actual notice of
ENGINEER regarding the PROJECT.
{3) Wf��n prof�ssianaI cer�ifica#ion of p�rFormance or characteristics of
materials, systems or equipment is reasonably required to perform the
services se� forth in �he 5cope af Services, the ENGINEER shall be entitled
to rely upon such certification to establish materiafs, systems or equipment
and performance criteria fo be required in the Contract Documents.
F, Opinions of �robable Cosg, Financial Considerafions, and Schedules
(1) Tf�e ENGINEER shall provide opinions of probable costs based on the
current avai�able information at the time of preparafian, in accordance with
Atkachmen� A.
(2) In prov�ding opinions of cosf, financial analyses, economic feasib�lity
�rojec�ions, and schedules for the PROJECT, the ENGINEER has no
contro{ over cost or price of labor and materiaks; unknown or latent
conditions of ex�sting equipment or strucfiures #f�at may affeci operatian or
main��nance costs; competitive bidding procedures and market condi�ions;
time or quality of perForrnance by third parties; quality, �ype, management,
o� direction of operating �ersonnel; and ot�er economic and operational
factors that may mater�ally affect the ult�ma�e PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actua�
PROJECT cosfs, f�nancEal aspecfs, econamic feasibili�y, or schedules will
not vary from fhe ENGINEER's opinions, analyses, projections, or
estimates.
G. �onstrucfiion �rogress �ayments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the cons#ruction contractor wi11 be bas�d on �he
ENGINEER's kr�owledge, informa#ion, and belief from selective samplir�g and
observatio� thaf the work has progressed to fh� point indicated. Such
recommendations do not re�resent that continuous or detailed examinations have
been made by the ENG�NEER to ascertain tf�at the construcfion con�rac�or has
completed the work in exact accordance with the Contract Documents; that the
final wor� will be acceptable in all respects; that the ENGINEER has rnade an
examination to ascertain haw or for what purpose the construc�ion contractor has
used fhe moneys paid; fhat fit�e to any of t�e work, materials, or equipmer�t has
passed to the CITY free anci clear of liens, claims, security interesis, or
encumbrances; or that fhere are not other matters at issue betwe�n the CITY and
the construction contractor fihat affect the amount that should be paid.
k. Record Drawings
Record drawir�gs, if required, will be prepared, in part, on the basis of ir�format�on
compiled and fumished 6y others,and may not always represent the exact
locafiion, type of various compar�ents, or exact manner in whic� the PR�JECT was
finally construcfed. T�e ENGINEER is not responsibie for any errors or omissior�s
in the informafion �rom others that is incorporated into the record drawings.
I. iVlinarity and IlVoman E�u�siness �n�erprise ([�➢11���)
par�icipa�ion
In accord wifih Cifiy of Fort Worth Ordinance No.. � 1923, the Ciiy f�as goals for the
pariic�pation of minarify �usiness enf�rprises and woman business enterprises in
City confracts. Engineer acknow[edges fihe MIWBE goal established for this
contracfi and its commitment to meet that goal. Any misrepresenta�ion of facts
(ofher �han a negligenfi misrepresen#ation) andlor the commissEan o# fraud �y the
Engineer may resul� in �he terminatian of this agreement and debarment fram
par�icipatir�g in City contracts for a period of fime of r�ot less than three (3) years.
J. �igh� 40 �udig
(1) ENGINEER agrees that th� C1TY shall, until the expira#ion af three (3) years
after final payment under fhis co�tracf, have access to and the right to
examine and photocopy any directly per�inent boo�s, dacuments, papers
and records of the ENGINEER in�ol�ing �ransacfio�s relating to this
contract. ENGWEER agrees that the CITY shall ha�e access cfuring
normal working ho�ars fo all necessary ENGINEER fiacilities and shall be
Provided a�eqUate and apprapriate work space in order to conduct au�its i�
compliance with fihe provisions of this section. The C1TY shaH give
ENGWEER reasonabfe advance notice of infended audits.
(2} ENGINEER further agrees to include in all its subconsultant agreements
� hereunder a provis�on to the effect �hat the subconsultanf agrees that the
CITY shall, until the expiration of three (3} years after final payment under
the subcon#ract, have access to and the right �o examin� and pha�ocopy
any directly pertinent books, documents, �apers and records of such
subconsultant, in�olving transactions to the subcontract, and further, that
the CITY shall have access during normal working hours to a11
subcansultan� fac�lities, and shall be pro�ided adequate and appropriate
work space, in order to conduct audits in compliance with fhe provisions of
�his ariicle together witi� subsectian (3)hereof. CCTY shall give su�can-
sultant reasona�le ad�ance notice of ir�tended audits.
(3) ENGINEER and subconsultant agree to photocopy suc� documents as may
6e requested by the C1TY. The CITY �grees to reimburse EMGINEER for
the cost of copies afi the rate pubiished in the Texas Adminisfirati�e Code in
effect as of the �ime copying is performed.
14. �fdGIN��R's Insurance
(1) Insurance eoverage and limits:
ENGINEER shall provide to the Cify certifica#e(s} of insurance dacumenting
policies of the fiollowing coverage at mEnimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,OO�,D00 each occurrence
$1,000,000 aggregate
Au�Eomobile L.�abrlify
$1,000,000 eact� acc�dent (ar reasonably equivalent limi�s of co�erage
if written on a split limifs basis). Caverage shal! be on any �eF�icle used
in fhe course of the PROJECT.
Worker's Compensation
Coverage A: s�atutory lim�ts
Coverage B: $1 DO,OOQ each accidenfi
$500,000 disease - policy fimit
$100,DQ0 disease - each employee
Prafessianal Liability
$1,000,000 each claimlannual aggregate
(2) Certificaies of insurance ev�dencir�g that the ENGINEER has ob�ained afl
required insurance shall be defi�ered to the CCTY prior to ENGINEER
proceeding with the PROJECT.
(a} App[icable policies shalf be endorsed to name the CITY an
Addi�ional Insured thereon, as its interesfs may appear. The term
CITY shall i�clude iis employees, officers, officials, agents, and
�olunteers as respecfis the contracted services.
(b) Certificate(s) of insurance shall doc�ment that insurance co�erage
specified according to items sectian K.(1) and K.(2) of this
agreement are provided under applicable poficies docum�nted
thereon.
(c) Any failure o�
ciocumen�ation
requirements.
par� of the CITY fo request requi�ed insurance
shall not constitute a waiver of the insurance
{d} A minimum of fhirty �30) days nafice af cancellat�on or mafierial
change in coverage shall be prov�ded io #he CITY. A ten (10)� days
rtotice shall be acceptable in �he e�ent af non-payment of premium.
Such terms shall be endorsed on#o ENGINEER's insurar�ce po[icies.
Notice sF�all �e sent fo fh� respective Department Directar (by
name), City of Fort Worth, 1000 Throc�morton, Fort Worth, Texas
76102.
{e) Insurers for all policies must be authorized to do business in the
state of Texas or be otherwise approv�d by the CITY; and, such
insurers shall be accepta�le to the CITY in terms of their �inancial
streng#h and solvency.
(f� Deductible fimits, or self insured refentions, affecting insutance
r�qu�red �erein shall be acceptab{e to the CITY in its sole discref�on;
and, in lieu of tra�itional insurance, any altemative co�erage
main�ained tl�rough insurance pools or risk retention groups m�st be
also approved. Dedicated financial reso�rces or letters of credifi may
also be acceptabfe to the City.
{g} Applicable poficies shall each be endorse� with a waiver af
subrogation in favor of the C1TY as respecfis fhe PRO,�ECT.
(h} The City �hall be entified, upon its rec�uest and wit�out incurring
expense, to review the EI�GINEER's insurance polic�es inciuding
endorsements thereto and, at t�e CITY's discretion, the ENGINEER
may be required ta provide proo# of insurance premium payments.
(i) The Commerciai General Liability insurance policy shall have no
excfusions by endorsements unless the ClTY approves such
exclusians.
�{}) The Professional Liabilify insurance policy, if writken on a ciaims
made basis shall be maintained by the ENGiNEER f�or a minimum
two (2) year period subsequent to the ferm of the respecti�e
PR�JECT cantract wi�h tf�e CITY unless such co�erage is provided
the ENGINEER on an accurrence basis.
(k) The CITY shall no# be responsibie for the direct payment of any
insurance premiums required by fihis agreement. It is �nderstood
that insurance cos# is an allawable component of ENGINEER's
o�erhead.
(I) All irtsurance required in section K., except for the Professional
Liability insurance policy, sha11 be written on an occurrence basis in
order to be appro�ed by #he C1TY.
(m} 5u�consultants ta the ENGINEER shafl be required by fihe
ENGlNEER to maintai� the same or reasonably equi�alent
insurance coverage as required for the ENGlNEER. When
subconsultants ma�ntain i�surance coverage, ENG{NEER shail
p�ouide CITY with documentafion fhereof on a certificate of
insurance. Notwit�standing anythin� to the contrary contained
herein, in the even# a subconsultanf's insurance coverage is
canceled or terminated, such eancellation or terminatian shafl not
constitute a breach by ENGINEER af the Agreement.
L. Independent Consulfiant
The ENGINEER agrees to perFarm all senrices as an Endependent consuftant and
no� as a subcor�tractor, agent, or emp�oyee of th� CITY. �
{4�. �is�losure
The ENGINEER acknowle�ges �a tC�e ClTY that it has made fufl disclosure in
wri�ing of any e�cisting conflicts of inter�st or potential conflicts of in�erest, including
personal fiinancial �nterest, direct or indirect, in property abutting the propased
PROJECT and business relationst�ips with abutting �}aroperty cities. The
ENGINEER further acl�nowledges that i� will make disclosure in writing of any
conflicts of in�Eerest #hat dev�lop subsequent �o fhe signing ofi fhis contract and prior
to final payment under the contraci.
N. �sbesfos or Ha��rdous aubsfiances
(1) lf asbestos or nazardous su�astances in any farm are encountered or
suspected, the ENGWEER will stop its own work irt fhe affec�ed portions af
the PROJECT to permit testing and e�aluation.
(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.
�. Permitiing �►uthorifiies � �esign Change�s
If permitting authorities require design changes so as #o comply wi�h publis�ed
design criteria andlor current engineering practice standards which the ENGINEER
should have been aware a� at the �ime th�s Agreement was execufed, fhe
ENGINEER shall re�ise plans and speci�ications, as required, at its own cost and
expense. However, if design changes are required due to the cF�anges in tt�e
permitting authorities' pubfished �esign criteria andlor practice s�andards cri�eria
which are �ublis�ed after the date of this Agreement which the ENGINEER could
not haue been reasonabEy aware of, #he ENGWEER shall noiify the CfTY of such
changes and an adjustment in compensation will be made #hrougF� an amendment
to this AGREEMENT.
�r�icle 1/
Obliga�ions o� �he Cigy
Amendments to Article V, if ar�y, are included in Attachment C.
A. Cifiy-�urnished �afa
The CITY will make availabie to the ENGINEER all technical dafia in the CITY's
possession relating to the ENGlNEER's services on the PR�JECT. The
ENGINEER may rely upon the accUracy, timeiiness, anc� completeness of fhe
infarmation provid�d by the CITY. �
�. ��cess �� Facili�ies and Prape�ty
The CITY will make its facilities accessibie to the ENGINEER as requi�ed for the
ENGINEER's performance of its services and wilf �rov�de labor and safety
equipment as required by the ENGINEER for such access. The CfTY will ,perform,
at no cost to the ENGINEER, such tests of equipment, mac�inery, pipelines, and
other componen�s of the CITY`s facifities as may be required in connection with the
ENGINEER's se�vices. The CITY will be responsible for aH acts of the CITY's
�ersonnel.
C. Ao,dvet�isements, �ermifis, and ,�ccess
Unless otherwise agreed to in the Scope of Services, the CITY will obfain, arrange,
and pay for all ad�er�isements for bids; permits and licenses required by local,
state, ❑r federal aufhorities; and land, easements, rights-ofi way, and access
necessary �or the ENGINEER's services or PRO�ECT construciion.
�. iimely fZeview
The CITY wiil examine the ENGINEER's studies, reports, sketches, drawings,
sp�cifications, proposals, and other documents; obfain ad�ice of an attorney,
insurance counselar, acco�r�tanf, auditor, bond an� financial ad�isors, and other
consultants as the CITY deems appropria�e; and render in writing decisions
required by the CITY ir� a�imely manr�er in �ccardanc� with t�e project schedule in
Attachment A.
�. �rompf Nofcice
The C1TY will gi�e prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any de�eiopment that affects the scope or timing of
the ENG[NEER's services or of any defect in the work of the ENGINEER ar
construction contractors.
F. �sbes�os or Ha�ardous aubstances and Indemni�ica�ion
(1) To the maximum e�ent permitted by law, the CfTY will indemnify and
release ENGINEER and its officers, employees, and subcontrac�ors from all
claims, damages, losses, and costs, i�ncluding, but not iimited to, attorney's
fees and litigation expenses arising out of or r�la�ing to fhe presence,
discharge, release, ar escape of hazardous substances, con�amina�ts, or
asbestos on or from the PROJECT. Nothin� contained herein shall be
canstrued to re�uire the CITY to levy, assess or collec� any tax fo fund fihis
�ndemrtification. � �
(2} The indemnification and release required abo�e shall not appfy in fihe event
the ciischarge, release or escape of hazardous substances, contaminants,
or asbes�os is a result of ENGINEER'S negligence or if such hazardous
substar�ce, contaminant or asbestos is brought onto the PROJECT by
ENGINEER.
G. �ontracfior Indemni�cafion and Claims
Tf�� CITY agrees to include in a�ll construction contracts the provisians of Article
IV.E. regarding the ENGINEER"s Personnel a� Construction Site, and p�-ovisions
provi�ing contrac�or indemnifica�ion of the C{TY and the ENGINEER for
contractor"s negligence.
H. Contracfior Claims and ihird��ariy �enefciaries
{1 } The CITY agrees #o include the fallawing clause in a�l contrac#s with
cons#ruction contractors and equipment or materials suppliers:
"Contractors, subcontracfors and equipment anc� materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
em�loyees, and subcontractors, for any claim arising out
of, in connecfion with, or resulting from the engineering
servic�s perfarmed. C�n1y the C1TY wi{I 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 thErd-party beneficiaries.
{3) The CITY will include in ea�h agreement it en�ers into with any other e�tify
or person regarding the PROJECT a provision tnat such entity or person
shall have no third-party ber�eficiary rights under this Agreement.
(4} Nothing contained �n this sectian V.H. shall be construed as a waiver of any
right fhe CITY has to bring a claim against ENGINEER.
I. CIiY's �nst�rance
{� ) The CITY may maintain property insuranc� on c�rtain pre-existing
struc�ures associated with the PROJECT.
(2) The ClTY will ensure that Builders Riskllnsfallation insurance is maintained
at the repiacemen� cost �alue of �he PROJECT. The C�TY may pro�ide
ENGINEER a copy of the policy or documenfation of such on a certificate of
insurance.
(3) The CIT�' will specify ii�af t�e B�ilders Ris{cllns�allation insurance shali be
comprehensive in ca�erage appropriate fo �he PROJECT risks.
J, Li�ig�4ion Assis�ance
The Scope of 5ervices does not include costs of the E�IGINEER for required or
requested assistanc� fo suppork, prepare, document, �ring, defend, or assist in
litigation undertaken or defended by the CITY. In the evenf CITY requests such
s�rvices of the ENG[NEER, this AGREEMENT shal! be amended or a separate
agreement will be negotiated befvveen the part'[es.
K. �hanges
The CITY may make or apprave changes w�thin the general Scope ofi Services in
this AGREEMENT. If such changes affect fi�e ENG{NEER"s cost of or time
required for perFormance of th� s�rvices, an equitabl� adjustment wiil be made
through an amendment to this AGREEMENT with appropria�e CITY approval.
Ar�i�le VI
�eneral �egal �rowisions
Amendmer�ts to Article Vl, �f any, are ir�cluded in Attachment C.
A. Authori�ation to Proceed
ENGWEER shall be authorized #a proceed with this AGREEMENT upon receipt of
a written Notice ta Proceed from the CITY.
�. Reuse o� I�rojec� �ocumen�s
All designs, drawings, specifications, documenfis, and other work products of the
ENGINEER, whe�her in hard copy or in ele�#ronic form, are insirumer�ts of se�vice
for this PRQ,�ECT, whether the PR�JECT is completed or not. Reuse, change, or
alteratior� by the CITY or by others ac#ing fhrough or on behalf o� tf�e CfTY of any
such instrume�nts of service without the written permission af the ENGiNEER will
be at the CITY's sole risk. The fiinal designs, �rawings, specifications and
documer�fs shall be owned by the CITY.
C. �orce �Il�jeure
The ENGfNEER is not responsible for damages or delay in performance eaused
by acts of God, strikes, fackoufs, accidents, or other events beyond the controi of
the ENGINEER.
�. �ermina�ion
{1) This AGREEMENT may be terminaied onfy by the City for con�enience on
30 days' written notice. This AGREEMENT may be ierm�nated by eifher fhe
CITY or �he ENGINEER for cause if eiiher party fails substantially fo
p�rForm throug� no fault of the other and does not commence correction of
such nonperformance with 5 days of written natice and diligently complete
the correction thereafter.
(2) If this AGREEMENT is terminated for the con�enience of the City, the
ENGINEER will be paid for termina�ion expenses as follows:
a.) Cost of reproduction of par�iai or complete studies, plans;
specifications or other forms of ENGI NEER'S work procluct;
b.} Out-of-pocke� expenses for purchasing storage containers,
micro#ilm, electro�ic data files, and other daia storage supplies or services;
c.) The fime requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S term�natian for con�enience so
that the wark effor# is suitable for long time s#orage.
{3) Prio� �o proceeding with terminafion services, the ENGINEER wifl submi�
�o the CITY an itemized statement of all termination expenses. The CITY'S
approval wilf be obtained in writing prior to proceeding wifh terminafion services.
�. S[�spension, �elay, or Interrup�ion to �idorF�
The CITY may st�spend, delay, or �nterrupt the services of the ENGWEER for the
con�enience of the CITY. ln the e�ent of such suspension, delay, ar interruption,
an equitabie adjustment in th� PROJECT`s schedule, eammitment and cosfi af the
ENGINEER's personnel and subconfirac�ors, and ENGINEER's compensation will
be made�.
F. Indemnif cation
(1) The ENGINEER agrees to indemnifiy and defend fihe C[TY from any loss,
cost, or expense claimed by third parkies for propetty damage and t�o�ily
injury, including death, caused solely by the negCigence or willful miscanduct
� of the ENGfNEER, ifis employees, officers, and subcontractors in
connection wi�h the PROJECT.
(2) [f fhe �egligence or willful misconduct of both the ENG[NEER and fhe CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shalf be shared between the
ENG�NEER and ihe CITY in propa�kian to their relati�e degr�es of
negliger�ce or willful misconduct as determined pursuant to T.C.P. & R.
�ode, secfiion 33.0� 1(4) (Vernon Supplemenf 1996).
C. Ass�gnmen#
Neither �arly will assign al! or any par� of this AGREEMENT without the prior
written co�sent of the ather party.
W. {ntierpre�a�ion
Limi�ations on liability and indemn�ties in this AGREEMENT are business
und�rstandings between th� par�ies and shall apply ta all the different theories of
reco�ery, including breach ofi contract or vwarranty, tort including negligence, strict
or statutory liability, ar any other cause of action, except for willful miscanduct or
gross negligence for limifations of liabElity and sole negligence for �ndemnifica#ion.
Parties mean the CITY and the ENGINEER, and �their officers, employees, agents,
and subcontractors.
I. Jurisdiciion
The law of #he 5tate of Texas shall go�ern the �alidity of this AGREEMENT, its
interprefation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
�. �Ifernafie �ispuie �esolufiion
(1) All claims, disputes, and other matters in ques#ion befinieen fhe C[TY and
ENGINEER arising out of, or in connectian with this Agreement or the
PRO,JECT, or any breach of any obfigation or duty of C1TY or ENGlNEER
hereunder, wil! be submitted to mediation. lf inediatian is unsuccessful, the
claim, dispute or oiher matter in question shall be sUbmitted to arbitration if
both parties acting reasonably agree that �he amoun# of the dispute is likely
fo be less than $50,OOD, exclusive of atEorney"s fees, costs and expenses.
Arbitration sf�all be in accordance vuith the Consiruciian Indusfry Arbitration
Ruies of th� American Ar�itraiion Associafion or other appliea�le rules of
the Association then in effect. Any award rendered by ihe arbitrators less
than $50,000, exclusive of attorney"s fees, costs and expenses, will be fina�,
judgmenfi may be entered thereon in any eourt having jurisdiction, and will
not be subject to� ap�eal or moefification except to the ext�nt permitted by
Sections '� a and 11 of �he Federal Arbitration Act (9 U.S.C. Sections 1� and
'I 1 }.
(2) Any award greater than $SD,aaa, exclusjve o� attomey's f��s, costs and
expenses, may be litigated �y either party on a de novo basis. The award
shafl be�ome fina[ ninety (90) days from th� da�� same is issued. Ifi litigation
is filed by either par#y within said ninefiy (90) day period, the award shall
become null and voic� and shal[ not be used by either party �or any purpose
i� the litigation.
K. Severabilfty and Survival
lf any of the provisians contained in this AGREEMENT are helc� for any reason to
!�e invalid, illegal, or unenforceabfe in any respect, such invali�ity, illegal�ty, or
unenforceability will�not affect any ofiher pro�ision, and this AGREEMENT st�all be
consfirued as if such invalid, illegal, or unenforceable pravision had never been
contained herein. Articles V.F., VLB., VI.D., VI.H., Vl.�., and VI.J. shall survi�e
iermination ofi t�is AGREEMENT for any cause.
L. �bserve and Comply
ENGINEER shalf at all times o�serve and cam�ly with all federal and State laws
and regufations and with alf City ordinances ancf regula�ions which in any way
affecf this AGREEMENT and the wark hereunder`, and shall observe and comply
with all orders, faws ordinances and regulations which may exist or may be
enacted la#er by govern�ng bod�es having jurisdiction ar authority far s�c�
enactment. No plea af misunderstanding or ignorance thereof shaN �e considered.
ENGINEER agrees to defend, indemnify and hold harmfess CITY and a[l af iis
officers, agents and empfoyees from and against all claims or liability arising out of
tf�e viola�ion of any s�ach or�er, law, ordinance, or regulation, whefher it be by itself
or i�s employees.
Articl� VI1
A,ttaehments, �chedules, and Signatures
This AGREEMENT, including Ets attachments and schedules, constitutes the entire
AGREEMENT, sUpersedes all prior written or ora! uncierstandings, and may only be
changed by a writfen amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
A#�ac�meni A- Scope of Services
Attachment B - Compensation �
Attachment C— Amendm�nts to Standard Agreement
Execuied this the day of , 20
(REMAINDER OF PAG� IN7EN710NALLY LEF"I' BLA�fK)
ATTFST:
� •
� -- � -�-�--� - � � -
Gloria P'�rson
City Sec�ei�ry
APPROVED AS T� FORM
AND LEGALITY
Assistant ity Attorney
ATTEST:
_�- ���g� _ _
Contract Authoriaation
����
s ��/ lr��. .__
GITY OF FORT W
�
Ott �� -
rani City Manager
ENGINEER
By:
1 Pen ZIz
Regi.onal Vice Presiden�t
TranSystems Corpo�ation Consul�an�s
° u��V���� :�
� ���?
i' ����� ,.��
���,��-��� ��
ATTA�HI�E�TT "A"
June 26, 2002
Don McCh�sney, P.E.
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102
RE: First Street Temporary Repair Pro�osal
TranSystems Praject No: 19900411
Dear Mr. McChesney,
I am writing to provide recommendations far temporary repairs tha# rriay be done ta the First
Street Bridge so that it may remain open until a n�w structure is constructed. This bridge was
originally constructed in 1936. The structure is a riveted 2-girder variable depth sqstern in which
the main girders are fracture critical. The pla�e girders are continuous over bents 2 and 3 and
include span lengths of 60'-80'-GO'. In providing recommendations, it is necessary to first
discuss the problems with the structure and then discuss the options in making temporary repairs,
and finally the cost of �emparary repairs.
The mos� critical condition ai this structure is the west abutment. The material in front �f the
abutmen�t has been eroded away as indicated in the sketch beiow.
�\
� Original Soil Candition
�-- - � \
� Existing Soil Conditian
e �
r
:
�
• —
� _:
.�. �
��.
.' '.
.
.
.
.� �.
.� ��.
• , � •�`
.. � �
TCiriity
River
' • • • • ••••••• •.•••••••••• • Possi6le Fail�re Plane
Mr. Don McChesney
lune 26, 2002
Page 2
Over the years, the flow af �he Trinity River
has erod�d the soil in front of the west
abutment until no soil resists �e abutm�nt
from sliding into the river, resulting in a
catastrophic failure and loss of life. The
picture shown �o the right is at the iace of the
abut�nn.ent showing the loss of embankment.
Material has also been scoured frQm around
the interior bent resulting in ihe material on
which the foundation is bearing being
questionable. _ __ ''���'. ' . ��� " � t a � i ` _. ,w3� � �-
-� �f � ,�:r ; �� �'�
f �.^�',:,;�-� i i
,•.��}, �'. .;�-.� i: . b � *�'� F' � ' �- - -
The second critical pxoblem is the bearing � . � _ +,�'. ' { _ � � � .
stiffeners of the siructure. These bearing stiffeners have developed rusting and decay until there
is extensive loss of section. These s�iffeners
_'�= '`��',.,-� � f{ �' �:- have b�en noted on T�cDOT reports as being
���';�� ,, �•' '{ � r}` _ of concern since they are primary str-uctnral
� ` � �` �'� ` `� . �Iements of ihe bridge. A contract has been
r� F,+
,; . �; �� ti �;�; �� awarded to Gibson Construction for the repair
,� �;�,. +t��; ', a�f these stiffeners an.d painting of the
f �-' , structure. The picture shown to the left is a
.,, , �. �� � pair of pliers where the steel stiffener used to
� y
_ . '�� ��1: �_�..4-i�' i. - f .�'i�' Uei.
:`" " . `" �'" . . .' ►" ��`�,;`:-",'.' � � There is also extensive cracking at the wing-
• y ' ��
�`s i "` � ��: �� walls as shawn in the photo below. These
� �� ' � ,
.._ � walls retain the soil under �he roadway around
the ends of the bridge. Assuming this
structure is replaced within the next five years, no repair is required at this Iocation but should be
monitared.
. - _'°,�. _, ��
The final concern is aintin of the structure to - �'����� ��'�; �
P � , . ,�.�
prevent the further corrosion af the steel. The �"��_ �� .'�, `�+ } f� � F
existing paint is a lead based paint which ���.� - ���{ � r,;�_ ��� �
require� hand scraping loose flakes and pai�nting , � ��. '' ; '� ' "', , � ���'�
with a primer that will bond to the existing �ead �� '. :� :��� �,,�� r'��f "
based aint. In view of the tem or naiure of �'•�' '�_"'-�-`�;°u� ��r �"��"
P � �}' �" - '�+ •�� � �,;ye�„'✓.,--�;����
these repairs, only the compon.ents #o be replaced r, t • � -': �ti' .' � , ����� �,� ��t�
shnuld be pai.nted. �, ��. . �' ,��. � �• �� �� f - � � t ��:�"';,.x;�. .��,
'��s�,.� � , :' ` � Ns �. ����::�'�ar2�`�
�ii.- �+r� � �� �5 '' ��y�l}�'I����'
Should the City of Fort Warth decide to #�+' � ''��`.� `�` �'r� '�
, � � �'� -A'� t
t e mp o r a r i ly r ep a i r t h i s s t r u c t u r e, t h e f o l l o w i n� '�� , :���,� ;�:������.;�i�
repa.irs should be made so that the structure can be :re-opened to traffic. The first item is t., �hore
up the abutment. This would r�quire up to four drill shafts to be installed in front of the
G;11991004111firstrepairproposal.doc
Mr. Dan McChesney
June 26, 20Q2
Page 3
foundation between the abutment and the riv�r. An anchoring system may alsa be r�quired to tie
t1�e wall back in#o the sail mass. The exacf amoturt and location of the shafts and anchors will
r�eed to be determined b� engineering analysis. The second item that must be done is repair the
bearing stiffeners that have large sectians of material missing.
We propose to provide engineering services ta shore the exisiing abutment for a 1�amp sum fee of
$4a,000. This fe� includes ihe following scope of wo:rk:
o Preparation of faur plan sheets fvr r�pa.irs.
• Preparation� af a Global Stabiliiy Analysis of the existing abutment and Embankment af
skructur�. { Trinity Testing )
� Coardination wi�h USCOE �ar Nationwide p�rmit. ( Paragon )
• Survey m�.pping of bridge area where repair work will #ake place.
� One coordination meeiing with T�OT conc�rning proposed work at the structure.
� Pareparation af change order for Gibson Associaies to perform constxuc#ia� repair work.
The folIowing items �e specifically not included in this proposal:
� D�sign relating to repair of wing-walls.
• Hydraulicl Hydrolagy sfudies.
� Preparation of contract documents for the purposes af public advertisement/ bidding.
� Plans / Specifications relating to pai�ting of siructure or any ather repairs.
� Wetland mitigation or an Tudi�vidual USCOE permit.
We appreciat� the opportunity to provide these services. We welcome the opportunity to meet
witl� you a.nd discuss the issues involved with this struct�are. If you have any questions, please
feel free to give me a call at (817) 339-8950. I laok forward to hearing from you soan.
Sincerely,
P�incipal
cc: File - design
Consultants
G:1199100�F l 1lfirstrepairpropnsal.doc
ATTACI31i�E1�1T "B"
METHOD OF PAYMENT
East First St. Bridge
Method of Payment for Lump Sum Compensation
The �NGINEER shail be paid in four partial payrnents as outlined below:
Partial Payment Nurnber 1, �vuhich shall be equi�alent to 50% of the total lump sum fee, shall be
payable after Survey and Ge4techunical rep�rrt are campleted.
Partial Pa3+ment Number 2, which shall be equi�+alent to 70% of tiie total lump sum fee, less
previous paymer�ts, shall be payable after suhmittal of Preliminary Construction Plans and
Specifications.
Partial Payment Aiumber 3, which shall be equivalent to 90% aithe total lump sum fee, less
previous payments, shali he payable after submittaI of Final Plans and Change order have been
completed
Partial Payment Number 4, which shalZ be equival�nt io IOD% of the total lump sum fee, �ass
previous payments, shall be payahle af�er approval by City of Final Plans,
Cr:119910Q4111attachment B- east first contract.doc
ATTACHIVIEI�T "C"
Amendments to Standard Agreement for Engineering �ervices
1. Article IV, Paxagraphs G— Construction Progress Payments and H- Recard
Drawings are not included in thzs Contract.
City of'For� YYo�th, T'exas
1�1�yo� ��d Cou�c�l �on�r�uni���t�o�
DAT� R�FERE�ICE NuMBER LOG NAME PAGE
5121/02 *'�G-19093 �I 20BRIDGE 1 1 of 2
suB.�Ecr AWARD OF ENGINEERING SERVICES C(JNTRACT TQ 7R��l�� ;TC-i44S ���PORATI4N
_ CONSU�.TANTS _ _
R�COMMENDATfON:
It is recommer�ded iha# the City Council authorize the Ci#y Manager ta execute an engineering services
eontract with TranSystems Corp�ration Cansultants for the geotec�nical investigation, design, and
inspection of the East F'irsf Street bridge repairs in an amount not to exceed $40,�00.
DISCUSSION:
On 5eptember 25, 2D01, (M&C C-18754), the Ciiy Council authorized the award of contraci to Gibson &
Associates, fnc. for t�e repair and �epainting of fhe East First Street bridge aver fhe West F'ork of tne
� Trinity River in tf�e amount of $267,8QQ, �asec� upan the plans prepared by TranSystems Corporaiion
' I Cansultants. Work on ihe East First Stree# bridge was delayed until 5pring 20�2 d�e� to bad weather.
Prior to Gibson & Associates, Inc, beginning the bridge repairs, heavy flows in the river undermined the
west bridge ahutmeni. On March 28, 2QQ2, the East First 5tre�t bridge was datermined to be unsafe
an� was clnsed to #raffic. The proposed design cantract wiih TranSystems Corporation Consc�ltants will
provide the necessary geotecnnical investigatior�s and design services required to modify previous[y
prepared repair plans to include shoring and ather measures needed to re-apen #he br'tdge to traffic.
Once the design is cample#e, City staff will determine ifi t�e current contract should be terminated for a
rebid, or if it can be amended to include the ac�ditianal work required.
In a paralle! effort, City staff is continuing to pursue funding ta cons�ruct a new bridg� needed to meet
Iong term tra�ffic needs in the corrid�r, as discussed with the City Co�ncil on March 5 and April 9, 2002
(lnformal Repart No. 8383 and M&C G-13587, respectively). The Texas Department of Transpar�ation
has now appro�ed funding for this purpose as part of the Federal Bridge Program. City staff is also
working with th�e Narth C�ntral Texas Council of Governments to obtain additional fUnding for roadway
impravements assaciated with the new bridge.
� �'ity o. f Fort T�orth, T'exas
Mayor �r�d Counci[ Con�rr�ur�ic�tio�
DAT� REFERENCE NUMBER LOG NAME PAG�
512�102 *'���"� 9093—� --- 20BRIDGE � 2 of 2
sua�Ecr AWARD OF ENGINEERING SERVICES CONTRACT TO T NSYSTEMS CORPORATION
CONSULTANTS
FISCAL INFORMATIONICERTIFICATCON:
The �inanc� Director certifies that funds are available in the current capita! budg�t, as appropriated, of
the 5treet and ReEated Improveme�ts Fund.
BG.n
Submitted far City Manager's
O[tice by:
Bridgette Garrett (Acting)
Originating Departmcnt Head:
G. Behmanesh (Acting)
Additional Iniarmation Contact:
6140
7914
FUND I ACCOUNT I C�NTER � AMOUNT CI7'Y SECRET�iRY
(to}
1 --
�
I (from) APPROti/ED AS AMENDED
I GS30 53I200 02q30Q2602I0 �40,Q00.00 (See �CS far details)
G. Behmanesh (Acting) 7914
`r
Revisions to the
City Council Agenda
May 21, 200� '
M&C C-�9�84 Execute a Contract with Songer Canstructian, Inc. for the Construction
af Fire Siation Na. 39 {Continued from a Previous i]Veek)
ACTION: Amend #he sentence following the bid information to reflect tha base
bid wark for the construction of 6,900 not 6,700 square feet.
"Base bid wark will cansist of construction af a 6,9Q0 square foot,
two-bay, tow-company fire station." .
CONTACT: . �Bridgette Garrett & George Behmanesh
,'��� ��- - •
�� ��.���v�ra.r� of Engineering Services Contract #o Tan,Systems Corporation
':�iL : _._�.': }:' L'-.� Y' • J, �s ' �
Gonsultants
ACTION: {i) Withdraw from the Cansent Agenda. (2) Am�nd the Discussion to
include the following MIWBE statement: .
"M/WBE - Tran.Systems Cozporation Consultants 15 in compliance
with the City's M/WBE Ordinan.ce by cpznmitting to 10% M/WBE
participatian. The City's goai on this project is. 10%." �
CONTACT: Bridgette Garrett & Gearge Behmanesh
,