HomeMy WebLinkAboutContract 27576' CfTY �EC��T�4�Y.�r�
CONTRACT NO . �`�✓--� ��
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CITY O� FORi 1h10RT�i, TI�XA5
STANDARD AGRE�M�hl� �'OR �NG{N��R{NG SE�VICES
This AGR�EM�NT is between the City of Fort Worth (the "CITY"), and Transystems
Corporation, Consultants., {the "ENGINEER"}, for a PROJECTS general�y �escribed as
engineering services for the design af new traffic signals at Blue Mound Rd. (�M-1 �6)1 Bureau of
Engravmg and at Afta Vista Pkwy. I Goiden Triangle Blvd.
Scope of Services
Article I
A. The Scope af Services is set forth in Attachment A.
Ariicle II
Compensa4ion
A. The ENGINEER's compensatian is set forth in Attachment B.
l�rticl� II!
ierms of Payment
Payments to the ENGINEER will be made as fal�ows:
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A, Invoice and Paymenf
(1) The ENGINEER shaEl provide the CITY sufficient dacumentation to
reasonably substantiate the invoices.
42) Monthly invoices will be
under this AGREEMENT
receipt.
issued by the �NGINEER for all work performed
. Invoices are due and payable within 30 days of
(3} Upon completion of ser�ices enumerated in Article I, the final payment of
any balance will be due wit�in 3� days of receipf of the final invoice.
(4) In the event of a disputed or contested billing, anly that portion sa contested
will be withheld fram paym�nt, and the undisputed portion wil! be paid. The
CITY will exercise reasonable�ess in contesting any bill or portion thereof.
No interest will accrue on any contested porkion of the billing until mutually
r�sol��d.
{5) If fhe CITY fails to make payment in full to the ENG�NE�R for bil[ings
can�ested in good #aifh within 60 days of the amount due, the ENGINEER
may, after giving seven {7) days' wriften notice �o CITY, suspend services
under this AGR�EMENT until paid in fuli, including interest. In the event af
suspension of services, the ENGINEER shall ha�e no liability to CITY for
delays or damages caused the CITY �ecause of such suspension of
services.
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Arficle IV
Obligations of the �iVCIN��R
Amendrr�ents to Ariicle 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 prafessional engineering consuitation and advice
and #urnishing customary ser�ices incidental thereto.
�. 5tandard of Care
The standard of care applicable ta the ENGINE�R'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 In�estigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, �ests, test borings, or oth�r
subsurface investigations jn connection with design and enginee�ing w�r�C to
be performed hereunder. The ENGlNE�R shall also ad�ise �he CITY
concerning the results of same. Such surveys, tests, and investiga#ions
shall be furnished by the CITY, unless otherwise specified in Aitachment A.
{2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test poEnts
and sample intervals and at loeatiflns other than where observations,
exploratior�, and in�estigations have been made. Because of the inherent
ur�ce�tainties in subsurface evaluatians, changed or unanficipated
underground conditions may accur that could affect the total PROJECT cost
andlar executi�n. These canditions and costJexecution effec�s are not the
responsibility of the ENGINEER.
D. �reparation ofi Engineering �rawings
The ENGINEER will provide to the CITY tF�e original drawings of all plans in ink on
repraducible plas#ic film sheets, ar as otherwise appro�ed by CITY, which shall
become the properiy of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGIN��R shall nat be liable for the use of
such drawings for any project other than the PR�JECT described herein.
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L, �ngineering Personnel af Construcfion 5ite
(1) The presence a� duties af the ENGIN�ER's personnel at a construction site,
whether a� an-site representatives or otherwis�, do not make the
ENGINEER or iis personrtel in any way responsible for those duties that
belong to the CITY andlor the CkTY's canstruction confractars or other
entities, and do not relieve the canstructEon cantractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, al!
construction methods, rneans, techniques, sequences, and pracedures
necessary for coordinating and completing all partions of ihe canstruction
wark in accfl�dance with the Contract Documents and any health or safety
precautions required by such canstructian work. The ENGIN�ER and its
personnel have no autharity to exercise any control over any constructian
con�ractar or other entity or #heir employees in connecti�n wit� �heir work or
any heal#h or safety precautia�s.
{2} Except ta the extent of speci#ic site visits express{y detailed and set forth in
Attachm�nt A, the ENGINEER or its personnel shall have no obligation or
responsibility #o visit the construction site to became familiar with the
progress ar quality of the completed work on the PROJECT or to determine,
in general, if tF�e work on the PROJECT is beirtg performed in a manner
indicating that the PROJECT, when compieted, will be in accordance with
the Contract Documer�ts, nor sha[I anythi�g in the Contract Documents ar
the agreement �etween CITY and ENGINEER be canstr�aed as requiring
ENGIN��R to make exhaustive ar cantinuous an-site inspectians fo
discover latent defects in the work ar o#herwise check the quality or quantity
of the work an the PROJECT. If, far any reasan, the ENGINEER should
make an on-site observation(s), on the basis of such an-site observatians, if
any, the ENGINEER shall endeavor to keep the CITY informed of any
de�iation from the Contract Documents coming ta the actual notice of
�NGINEER regarding the PRQJEGT.
{3) When professional certificatinn or performance or characteristics of
materials, systems or equipment is reasonably requ�r�d to perForm the
services set forth in the Scope of Services, t�e ENGINEER shall be entitled
ta rely upon such certification to establish materials, systems or equipment
and performance cri�eria to be required in the Contract Documents.
h. ConStruction Progress Payments
Recommendations by the ENGINEE�t ta tf�e GITY for �eriodic canstruction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, informatian, and belief from selective sampling and
observation that the work has progressed ta t}�e point indicated. Such
recammendatians do nof reprssent thaf continuous or detailed examinations have
been rnade by the ENGINEER to ascertain that the construction contractor has
campleted the work in exact accordance with the Contract Dacum�nts; that tf�e 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 ta the CITY free and clear of liens, claims, security interests, or
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encumbrances; or that there ar� not other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
C. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnish�d by athers, and may not always represent the exact location,
type of variaus components, ar exact manner in which the PROJECT was finaliy
constructed. The ENGINEER is not responsible for any errors flr omissions in the
ir�farmation from others that is incorporated into the recard drawings.
b. Rig�t to A�tdit
(1) ENGINEER agrees that khe CITY shalf, unt�l the expiration af three (3) years
after final payment under ihis cantract, ha�e access to and the right to
examine and photocapy any directfy pertinent boaks, documer�ts, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall �ave access during normal
wor�cing haurs to all necessary �NGINE�R facilities and shall be provided
adequate and appropriate workspace in arder to conduc# audi#s in
cornpliance with the provisions of this section. The C(TY sha11 giv�
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER furiher agrees to include in all its subconsul#a�t agreements
hereunder a provisiQn ta the effect that the subconsultant agrees that the
CITY shail, untii ihe expirat�on af #hree (3) years after final paym�nt under
the su�con#ract, have access t� and the right to examine and photocopy
any directly pertineni baoks, daeumer�ts, papers and records af sueh
subconsultant, involving transactions to the subcontraci, and further, that
t�e CITY shall have access duri�g normaf working.hours to all necessary
subconsultant facilities, and sl�all be provided adequate and appropriate
work space, in order to conduct audits in camplianc� with the pravisions of
this article together with subsection (3) hereof. CITY shall give
subcansultant reasonable advance notice o# intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. Th� CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
efFect as ofi the time capying is perFormed.
I. �NCINEER'Slnsurance
(1} Insurance coverage and limits:
ENGIN�ER shall provide to the CITY certificate(s) of insurance documenting
policies af the fo[lowing coverage at minimum limits which are to be in effect prior to
commencemen# of work on the PROJECT:
Commercial General Liability
$1,OOO,Q00 each occurrence
$1,040,000 aggregate
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Automabife Liability
$1,Qq�,00� each accident {ar reasonably equivalent limits of coverage �f written on
a split limits basis). Coverage shall be on any �ehicle used in the caurse of the
P ROJ � CT.
Worker's Compensation
Co�erage A: statutory limits
Coverage B: $'i00,000 each accident
$500,404 disease — poiicy limit
$100,000 disease — each employee
Professional Liability
$1,000,000 each claimlannual aggregate
(2) Cer�ificates of insurance evidencing that the ENGINEER has abtained all
required insurance shall be delivered to th� CITY prior ta ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be enforced to narne the CITY an Additional
insured thereon, as its interests may appear. The term CITY shall
include its employees, officers, afficials, agents, and volunteers as
respects the confracted services.
(b) Certificate{s) of insurance shall c�ocument �hat insurance eoverages
specified according to Section I. (1) and I. {2) of fhis AGREEM�NT
are pro�ided und�r applicable policies dacumented thereon.
{c) Any failure on
documentatian
requir�m�nfs.
part of the CITY to requesf required insurance
shall not constitute a wai�er of the insurance
(d) A minimum of thirty (3Q) days notice af cancellatian, nan-renewal ar
material change in coverage shall be provided to tF�e CITY. A ten
(10) days notice shall be acceptable in the event af non-payment of
premium. Such terms shall b� �ndarsed onto �NGfN�ER's
Insurance policies. Notice shall be sent to the respective
Department Direcfior (by name}, City of Fa�t Worth, 1400
Throckrnarkan, Fflrt Worth, Texas 76142.
(e} [nsurers for all policies must b� autharized to do business in the
5tate of Texas or be otherwise approved by the CITY; ar�d, such
insurers shall be acceptable ta the CfTY in terms of their financial
strengfh and sol�ency.
(f) �eductible limits, or self insured retentions, affecting insurance
required herein may be acceptable to ihe CITY at its sole discretion;
and, in lieu of traditianal insurance, any alternafi�e coverage
maintain�d through insurance pools or risk retention groups must be
also appra�ed. Dedicated financial resources or le#ters of credit may
also be acceptal�le ta the CITY.
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{g) Applicable policies shall each be endorsed with a waiver of
subrogatio� in favor �f the CITY as respects the PROJ�CT.
(h) The CITY shall be entitled, upon its request and without incurring
�xpense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretian, the ENGINE�R
may be required to provide proof of insu�ance premium payments.
(i) The Commercial General Liability insurance policy shaEl ha�e no
exclusians by endorsements unless such are approved by the CITY.
Q) The ProfeSsional Liability insurance pa�icy, if written on a cfaims
made basis shall be maintained by the ENGINEER for a minimum
two (2} year period subsequent to #he term of the respective
PR4JECT contract with the CiTY unless such coWerage is pro�ided
the ENGINEER on an occurrence basis.
(k) The CITY shall nat be responsible for tha direct payment of any
insurance premiums required by this agreement. It is understoad
that [nsurance cost is an allowable compor�ent of ENGINEER's
overhead.
(!) A!I insurance required in Section I., except for the Professional
Liability insurance poiicy, shail be writt�n an an occurrence basi� in
order to �e appraved by the CITY.
(m) Subconsultants to the ENG�NEER shall be required by the
ENGINE�R to mairttain t�e same or r�asonably equivalent
�nsurance coverage as required for the ENGINEER. When
insurance coverage is maintained by subeonsultants, ENGINE�R
shall provide CITY with documentation thereof an a certificate of
insurance. Notwithsfanding anyihing to the cantrary contained
herein, in the event a subconsultant's insurance coverage is
canceled or �erminated, suci� cancellatian or iermination st�all not
constitute a breacF� by ENGINEER of the Agreement.
J. Independent Consultant
The ENGINEER agrees to p�rForm all services as an indeper�dent consultani and
nat as a subcontractor, agent, or employee of the ClTY.
K. Disclosure
The ENGIN�ER acknowledges to the CITY fhat it has made full disclasure in
writing af any existing conflicts of interast or potential conflicis af interest, including
persanal financial interest, direct or indirect, in property abutting the propased
PROJECT and business relationships with abutting property awners. The
ENGINEER furt�er acknowledges that it wilE make disclosure in wrifing of any
conflic#s of interest which develo� subsequent ta the signing of this contract ar►d
prior ta final paym�nt under the cantract.
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�. Asbestos or Hazardous Substances
{1) If asbestos or hazardous substances in any form are encountered ar
suspected, t�e �NGINEER will stop its awn work in the affected portions of
the PROJECT tn permit testin� and evaluation.
(2) lf asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in abtaining the services of a qualified
subcontractor to manage the rernediation activities af #he PROJECT.
iV�. �ermifting l�uthorities — Design Changes
If permitting authorities require design changes so as to comply with published
design criteria andlar current engineering practice standards whic� the ENGlNEER
s�ould have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at its own cast and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
wh�ch are published after th� date of this Agreement which the ENGWEER cauld
nof l�ave been reasonable aware of, the ENGIN�ER shall notify the CITY of such
changes and an adjustment in compensation will be mad� through an amendment
to this AGREEMENT.
Article V
Obligatioris o� the City
Amendments to Article V, if any, are included in Attachment C.
A. City�Furnis�ed Data
The CfTY will make available to the ENGINEER all technical da#a in the CITY's
possessian relating to ti�e ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and campletene5s of the
information pro�ided by the CITY.
�. Access ta Facilities and Property
The CITY will make its facilities accessible to the ENGIN�ER as required for t�e
ENGIN��R'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 ENGINE�R, such tests af equipment, machinery, pi�elines, and
other components of the C1TY's faciHties as may be required in connection with the
ENGINEER's services. The CfTY will be responsible for al! acts of the CITY`s
personnel.
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F.
G.
H.
Ad�ertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisemen�s far bids; permits and licens�s required by local,
state, ar federal autho�ities; ar�d land, .easements, rights-of-way, and access
necessary for the ENGINEER's services ar PROJECT canstructian.
�imely �eview
The CITY wifl examine the ENGINEER's stu�ies, re�or�s, sketches, drawings,
specifications, proposals, and other documents; abtain advice of an attorney,
insurance counselor, accountant, auditar, bond and financial advisors, and other
cor�sultants as the CiTY deems appropriate; and r�nder in writing decisions
required by the CITY in a timely manner in accordance with the project schedule in
Attachment D.
Prompt Notice
`Che C1TY will give prompt notice to the ENGINE�R whenever CITY observes ar
becames aware of any development that affects the scape or timing af the
ENGINEER's services or of any defect in the wark af the ENGINEER or
construction contractors.
Asbestos or bazardaus 5ubstances and Indemnificatian
(9 ) T� the maximum exfent permi�ted by faw, the CITY will indemnify an�
release ENGINE�R and its afficers, employees, and subcor�tractors from a!I
claims, damages, losses, and casts, including, but not limited to, at#or�ey's
fees and litigation expenses arising out of or relating to the presence,
discharge, release, �r escape of hazardaus subsfances, contaminants, or
asbestas on or �rom the PROJECT. Nathing contained herein shall be
construed to require the CITY to levy, assess or eallect any tax to �und this
indemnification.
(2} The indemnification and release required above shalf not apply in the event
the discharge, release or escape of hazardous s�bstartces, cantaminants,
or asbestos is a result of ENGINEER's negligence or if s�ch hazardous
substance, cantaminant or asbestos is brought anto the PROJECT by
� ENGINE�R.
Con#ractor Indemnificatio� and Claims
The CfTY agrees to include in ali construction contracts the provisions of Article
N.E. regarding the ENGINEER's Persannel at Constructian Site, and pravisions
praviding coniractor indemnificafion of the CITY and the ENGlIVEER for
contractor's negligence.
Con�ractor Claims and Third-Party Beneficiaries
(1) The C1TY agrees to include the followir�g clause in all contracts with
construction contractors and equipment ar materials suppliers:
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"Contraciors, subcantractors and equipment and materials suppliers on the
PROJECT, or their sur�ties, shali rr�aintain no c�irect action against the
ENGINEER, its officers, employees, and subcontractors, for any claim
arising aut of, in connection with, or resulting from fhe engineering services
performed. �nly the CfTY will be the beneficiary of any undertaking by the
ENGINEER."
(2) This AGR�EMENT gives no righ# or benefits ta anyone other than ti�e CITY
and the ENGINEER and there are no #hird-par�y h�n�ficiaries.
(3) The CITY will ir�clude in each agreement it enters into with any other e�tity
or person regarding the PROJECT a provision that such entity or person
shall have no t�tird-party beneficiary rights under t�9s AGREEMENT.
(q�} Nothing cantained in this section V.H. shall be construed as a waiver af any
r9ght the CITY has ta bring a claim against ENGINE�R.
i. ClYY's Insurance
(1) The CITY may maintain property insurance on cerfain pre-existing
structures associate� with the PR�JEGT.
(2j The CITY will ensure that Builders Riskllnsfallation insurance is maintained
at the replac�ment cost value of the PROJECT. The CfTY may pravide
ENGWEER a copy of tF�e policy or documentation of such on a certificate of
insurance.
(3) The ClTY will specify that fhe Builders Riskllnstallation insurance shali be
comprehensive in coverage appro�riate to fhe PR0.IECT risKs.
J. Litigafi�n �4ssis�anc�
The Scope of Sarvices does not include casts af the ENGINEER far required or
req��es�ed �ssistance to support, prepare, documeni, bring, defend, ar assist in
litEgation undertaken o� defended by the CITY. ln the event CITY requests such
services of the ENGINEER, this AGREEMENT sha�l b� amended or a separate
agreement will be negotiated between the parkies.
K. Additianal Work, Changes in Wor�, Supplemental Agreem�nts
If the ENGINEER is of the opinion that any work it has been directed to perform is
beyond the scope of this agreement and constitutes extra work, it sha�l promptly
notEFy the CITY in writing. in the event the CITY finds that such work does
constitute extra work and exceeds the maximum amau�t �ayabl�, the CITY shall sa
advise the ENGINE�R and a written supplemental agreement wi[I be executed
between the parties as }�rovided in this Artiele. The ENGINEER shall nat perform
any propased additionaf work or incur any additional costs prior to the execution, by
hath parkies, afi a supplemenfal agreement. The CITY shall �ot be responsible for
activns by the ENGINEER or any costs incurred by the ENGINEER relating to
additiQnal work not directly associated witF� the �erformance of the work authorized
in this contrac# or as amend�d.
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If the CITY finds it necessary to r�quest changes to previously satisfactorily
completed wark ar parts thereof which invalve changes io the original scope af
services or character o# work under the cantract, the Engineer shall make such
revisions if requested and as directed by the CITY. T�is will be considered as
additional work and paid far as specified in this Article.
The ENGINEER shal! mal�e such revisions ffl the wark aut�arized in this contract
which has been completed as are necessary to carrect errors appearing therein,
when required to do so by the CITY. Na additianal campensation shall be paid for
ti�is work.
The terms of this cantract may be madified by supplemental agreement if the CITY
determines that ther� has been a significant change in �� } the scope, complexity or
character of �he services ta be performed as noted in AttacY�ment A, Section I.; or
(2} the duration of the work. Additional compansatian, if a�apropriate, shall be
ider�tified.
In the event the CITY decides that additjona! services, as noted in Attachment A,
Section li, are required, specific scape(s} af services and appropriate compensation
shall be determined.
Both pariies musfi execute any sup}�lemenial agreement. It is distinctly understaod
and agreed that no claim far extra work done or materials furnished shall be made
by �he ENGiNEER until full exeeutian af the suppfemental agreement ar�d
aufharization to proce�d is granted by the CITY. The CITY reserves the right to
withhold paymeni pending verification of satisfactory work performed.
p,rticle VI
Ceneral Legal Provisions
Arnendments fia Ariicle VI, if any, are included in Attachmen# C.
A. Aufhori�atEon to �'roceed
ENGINEER shall be aut�orized to proceed with this AGREEMENT upon receipt of
a written Natice to Proceed from tl�e CITY.
B. Reus� of Projec# Documents
All designs, drawEngs, specifications, documents, and other work product� of the
ENGINEER, whether in hard copy ar in elecfronic form; are instruments of service
for this PROJECT, whether the PROJECT is camplet�d or nat. Reuse, change, flr
alferation by the CITY or by others aeting through or on behalf af the C�TY af any
such instruments af ser�ice without the writter� permission of fhe ENGINEER will be
at the CITY's sole risk. The final designs, drawings, specifications and documents
shall be owned by the CITY.
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C.
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Force Il�ajeur�
Tne ENGINEER is not responsible far damages or delay in performance caused by
acts of God, strikes, lacknuts, accidents, or ather evenfs beyond the contral af the
ENGINEER.
Termination
(1) This AGREEMENT may be terrrzinated only hy the City far can�enience on
30 days' written notice. This AGREEMENT may be terminated by eifher the
CiTY or t�e ENGINEER for cause if either parEy fails substantially to
perfarm through no fault o� the other and does not eommence correction of
such nonperf�rmance within five (5) days of writfen �otice and diligently
complete ihe cflrrection thereafter.
(2} If th�s AGREEMENT is terminated for the convenience af the CITY, the
ENGINEER will be paid for termina#ion expenses as follaws:
(a) Cost of reproduction af partial or complete studies, plans,
specificatians ar other forms of ENGINEER's work product;
(b} Out-of-pocket expenses for purchasing storage c�ntainers,
microfilm, electronic data files, and ather data storage supplies �r
services;
(c) The time requirements.�or the ENGINEER's personnel to document
the work und�rway at the tim� the CITY's termin�tion for
canvenience so ihat the wark effort is suitable for long time storage.
E.
F.
{3) Prior to proceeding with termination sarvices, th� ENGINEER will submif to
the C1TY an itemized statement af all termination expenses. Tha CITY's
approval will be obtained in writing prior to proceeding with termination
services.
Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt fihe services of the ENGINE�R for the
canvenience of the CITY. !n the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER`s personnel and subcontractars, an� ENGINEER's com}�ensation will
be made.
Indemnification
(1} The ENGINEER agrees to indemnify and defend the CfTY �ram any foss,
cost, or exp�nse claim�d by third parties far property damage and bodily
injury, including death, catased solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors irt connection
with the PROJECT.
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(2) If the negligance flr willful miscanduct of both the ENG[NEER and the CfTY
(or a person identifi�d above for whom �ach is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared be�ween the
ENGINEER and the CITY in praportion to their reiative degrees of
negligence or willfu! misconduct as determined pursuant to T.C.P. & R.
Gode, section 33.011(4) {Vernon Supplement 1996).
(�. Assignment
Neit�er party wil! assign all or any part of fhis AGREEMENT without the prior
writken consent of the other parly.
H. Interpretation
l�imitations on liability and indemnities in this AGREEMENT are business
understandings beiween the parties and shall a{�ply to all the different theories of
reeaWeryr, including breach af contrac� or warranty, tort includjng negfigence, strict
or sfatutary liability, or any other cause of action, except for willful misconciuct ar
grass negligenee for limi�ations of liability and sole negligence for indemnification.
Parties means the CITY and the �NGINEER, and their officers, emplayees, age�ts,
and subcontractors.
I. Jurisdictian
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and perfarmar�ce, and any other claims related ta it. The venue for
any litigatian related to this AGREEMENT shall be Tarrant County, T�xas.
J. Alternate Aispute Resolutinn
(1) All claims, disputes, and other mat�ers in question between the CITY and
� ENGINEER arising out of, or in cannectian with this AGREEMENT or #he
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will �e submitted to mediation. If inediatian is unsuccessful, the
claim, dispute or other matter in questions shall be submitted to arbitratian if
both parties ac�ing reasanably agree that the amount of the dispute is likely
to be less #han $50,000, exclusive af attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Associatian ar other appficable rules of
the Association then in effect. Any award rendered �y the arbitrators less
than $50,D00, exclusive of attorney's fees, costs and expenses, will be final,
judgement may be entered #herean in any court having jurisdiction, and will
nat be subject to appeal or rnodificati�n except to the extent permit#ed by
Sections 10 and 11 of the Federal Arbitration Act (9 U.5.C. Secfions '{0 and
11}
{2) Any award greater than $50,400, exclusive of aftarney's fees, costs and
expenses, may be litigafed by either parly on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If
litigatian is filed by either party within said ninety {90) day period, the award
shall become nufl and void and shall not be used by either party for ar�y
p�rpose in the litigation.
-12-
K. Severahili#y and Sur�ival
{f �ny af the provisions contair�ed in this AGREEMENT are held fior any reason to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenfo�ceabi[ity will not affect any other �rovisian, and this AGRE�MENT shaN be
construed as if such i�valid, illegal, or unenfa�ceable provision had never been
confained herein. Articles V.F., VI.B, VI.D, VI.H, and VI.J shall survive terminatian
of ti�is AGREEMENT for any caus�.
�.. Qbserve and Camply
ENGINEER shafl at all time abserve and comply with all federal and State laws and
regulations and with all CITY ordinances and regulations which in any way affec#
this AGREEMENT and the work hereunder, and shall o�serve and camply with all
orders, laws, ardinances and regulations which may �xist or may be enacted later
by governing bodies having jurisdiction or authority far such enactment. No plea of
m�sunderstanding or ignorance thereof shall be carr�id�red. ENGINEER agrees to
defend, indemn�fy and hold harmless CITY and a[I of its afficers, agents and
emplayees from and against al! claims or liability arising out of the vialation of any
such order, faw, ordinance, or regulation, whether it be by i�self or its employees.
-13-
Article VII
Attac�ments, Schedules, and Signatures
This AGREEMENT, including its attachments and schec{ules, constitutes the entire AGREEMENT,
supersedes all prior writfen or oral understandings, and may only be chang�d by a written
am�ndment executed by both parties. The follawing attachments and schedules are hereby made
a �ar� of this AGREEM�NT.
Atiachment A— Sc�pe a# 5ervices
Attachment B — Compensation
EXECUTED on this the ���
Caunty, Texas.
A1�TEST;
t ��' � f � `"
` • = � �- _
,.�-- _ _ _
Gforia Paar n �
City 5ecr �ry �
APPRC)V�D AS 70 FORM
AND L.EGA�IT
�
Ga�'y Steinberger
Assistant City Attorney
ATTEST:
I�lo �'i-�-��_ .�,� �er���
Contract Ruthorization
Date - ---
day af �Qr�(%�--- ,��-, in Fo�t Worth, Tarrant
CITY OF FORT WORTH
��� � ���
Brid et�Gar�'ett
9
Ac#ing Assisfant City Manager
APPROVAL RECOMM�NDED
�/
ugo A. Malanga, P.E., Directar
Transportation and Public Works
TRANSY E ORPORATION
CONSIJ T
Raul�ena I , P�-
Vice President
�;'�'b
-1�-
�
ra�
i�
�o
Atfachment A
SCOP� O� S�RVIC�S
iRAFI�IC SIGiVAL ��SICiV S�RVIC�S �Of�:
(1} �lue �iound Rd. {�Np�156)1 �ureau of �nqravinq
(2) AI#a Vista �lvd. I Colden i'rianqle B�vd.
IW ��Ri WORTb, i�Xr4S
�ROJ�Ci �ARAM����S
The following assumptions pertain to the �rovision of Basic Services:
A. The PROJECT will consist of th� followjng activities, as reques�ed by the CITY:
Task 1.� Traffic s�gna! designs and special specifications (if required} for the following
intersections:
Intersection Mo.1: Slue Illlound Rd. (�Ma156] 1�ureau of �nqravinq
Infiers�ction No. �; �Ita Vista ���d. I GoCden irianale �I�d.
PROJ�CT is locat�d within the City of Fart Warth, Texas.
B. Record Drawings prepared by others (CITY or represen#ative, Tx�OT) will be used as the
basis for any designs associated with the PROJECT. It is assumed that no CADD files will
be available and al! �ase files will be recreated from hard copies af record drawings made
available by the CITY.
C. All intersections will be prepared separately io al[aw packaging in constructinn cantracts to
be defermined by the C�TY. The plans, standards and any special specifications will be
prepared using English units.
D. �xisting specificatians and standards supplied by the CITY will be used for desigr� plans,
unless otherwise reques�ed by the CITY in writing. Tf�ese include:
o City of Fort 1North Transpartation and Public Works "Traffic Signal Design Guidelines,
January, 2002". �
�"Traffic Signal Plan MicrostatianT"" Guidelines", symbol libraries, and sample barder
layouts.
� Example plan sef illustrafing desired format for each type af plan sheet to be devejoped
by the Engineer.
� Example Sp�cifications and Cantract Documents ijlustrating traf�ic signal specifications.
E. CITY will provide traffic accident data for up to three years, if available.
F. CITY will provide determination for provision of a cable TV drop and Opticam ec�uipment.
G. CITY will re�iew pfans an� provide recommen�ations in a timely manner.
►�
H. All intersections wil! be designed to accommodate existing or fut�re pedestrian activity,
including sidewalk ramps, crosswalks, push buttans, and pedestrian heads as requested by
the C1TY. '
The following items will r�ot be required by ENGINEER, but will be supplied �y the CITY or
its represenfati�e to produce a complete set ofi plans construction bid use.
o Cover She�t
• Estimate Summary Sheet
• General Notes S�eet
o Standard Detail 5h�ets
J. All intersection designs will �e completed within A�5 calendar days after the C[TY issues the
Natice to Proceed.
�l�SK 1.0 �RA��IC SIGNAL D1�SIGNS
The following items wilf apply for each intersection describe� above.
This table specifi�s the requirement for the consultant to provic�e the following t�sks within this
project:
Intersection 1
Yes No
❑ [�
� �
❑ �❑
A. General Tasks
Intersection 2
Yes No
❑ [� Consultant collects 24-hou� approach counts.
[�]` � Consultant coliects peak hour turning mavement caunts.
❑ � Cansultant performs capacity analysis.
❑ Consultant prepares existing co�ditions fayout.
1. Collect al! available existing record drawings and file information of the intersections
from CITY files. This should include but not be limited to existing TPW kraffic signal
plans, data in traffic signal file, locatian file, Dept. of Engineering recard raadway
plans, Development Dept. right-af-way infarmatio�, Water Dept. utility maps, and if
applicable, TxDOT roadway plans.
2. If noted abo�e, collect 24-hour appraach counts for each approach.
3. If noted above, callecf peak haur turr�ing movement counts for at least three peak
periods {peak periods may be determined follpwing the 24-hour approach counts)
including pedestrians. The peak period counts shall be eight consecutive 15-minute
periods at typical peak �eriods: A.M. 7a.m.-9 a.m., N�ON: 11:30 a.m. — 1:30 p.m.,
P.M. 4:30 p.m. — 6:30 p.m.
A-2
4. Prepare accident diagram for latest 3 years o# data fram accident reports, if s�[ppfied
by the CITY.
5. If note,� above, for inters�c#ions currently signalized, an e�cisting conditions diagram
will be �repared.
B. Create base plan sheets for signa{ �Eans from record drawings.
7. Consultant sha11 meet with City's representative at each intersection for the site
investigation. Perform reconnaissance of the intersections with respect to visible,
above-ground features to confirm record drawings and determine existing pavement
widtl�s, lane configurations and trafFic cantrol devices. Locate power service and
CATV. Determine all utility locations from site investigatian and existing City and
State plans.
8. If note� above, perfarm ca�acity analysis indicating lev�l of service for each
mavement at the intersection. A capacity a�alysis reporf �smg the SynchroT"�
analysis sofiware is preferred, however other capacity methods are acceptable.
9. Evaluat� and d�sign phasing with consideration of capabilities of current City
confroller hardware and software operation functions.
10. Prepare and submit a"short report" to City for review� and approval. The report shall
include:
� a discussion of current conditions, layaut diagram of intersection, �E�ato-log of
intersection appraaches;
� recammendations for signal design, phasing, and operations;
� address any unusual conditions and provide recommen�ations to reso�ve
these canditions;
a traffic counts;
� collision diagram, and
• capacify analysis.
Pro�ide a separate report for each intersection.
11. PS&E for the above work shall be pr�pared in accordance with the applicable
requirements for City of Fort Worth plans, details, specifications, standards, and
manuals. The consultant should identify any des�gn exceptions ta City of Fort Warth
5tandards in the design phase.
B. Plan ❑evelopment Tasks - Deliv�rabl�s
1. Develop constructian plan sheets including:
�x`[sting Conditions �ayout (for currently
traffic signal poles, detector loops, illumination,
signal face locations.
signalized intersections} showing
conduit runs, wiring diagrarn, and
A-3
� Traffic 5ignal �esign �ayau� showing existing utilities, pro�osed traffic signal
poles and mastarms, pedesirian signal poles, pedestrian signals, contrallers,
signal heads, street lights, detectar laa}�s or ather deteciors, canduE#, ground
IJDXBS, power sa�rces, cable television connections, wiring diagrams, pavement
markings, signal phasing plan, hazard identificat�on beacons, Optic�m phase
s�4ectors, and all other items required for the complete construction af the
signals.
Signing & IV�arkings Layoufi showing existing signs, proposed signs, existing
strEping, and proposed striping.
� 5idewal� Ramp Layaut show�ng existing and praposed sidewalks and ramps.
� Geometric ti�od9ficafiian �ayout {if app�icable) showing in#ersec#ion
improvements and dem�litian i#ems.
CITI' will prepare record drawings foflawing the completion af the canstruction based
upon information provided by khe Contraetor.
�evelop quantity estimate and engineer's estimate of prabable eost spreadsheets
prepared in Microsoft Excel for each intersection.
2. Review Gene�al Notes, traffic signal specificatians, and Standard General Provisions
supplied by the CITY for ap�ficability and modify (if necessary) for the respective
intersections.
3. Review Meetinqs: two meetings with the CITY are anticipated. Th� first meeting
f�llowing the submission of �he "short report", and a second following the submission
af the nearly cam�leted final plans. It is anticipated that all signal projects of the
Engineer will be covered in the same meetings.
5. Preliminary plans: provide three sets of 11" x 17" paper drawings — including
�uantity estEmate spreadsheet and any revisions far Item 3 above.
6. Final plans: provide one sef of 11" x 17" r�ylar drawings.
Provide tF�ree sets of 11" x 17" paper drawings. Provide CD of MicroStatian
electronic files.
A-4
At�achment �
COflIfP�NSAT'IOi�
The Engineer sha11
of the lump sum
Attachment A for
SBIVIC@5.
be compensated a total lump sum fee of $14,950 for the project. Payment
fee shall be considered full compensation for the services described in
a�[ labor, materials, supplies, and equipment necessary to complete the
If applicable, significant design of geometric modificati�ns will ba considered additional services
and beyond the lump sum amo�nt described above. A fee far this addifiional service will be
negotiated as a supplementai agreement.
The Engineer shali submi# monthly invoices to the City for all work pe�formed under this
agreement set forth in Article Ill, Terms of Payment. The monthly invo�ces will contain the City
of Fort Worth contract number, pro�ect name, a description of the tasks perFormed for that
pa�icular month, perce.nt complete for each task, amount budgeted for each task, portion of
budget amount expended, previous billing totals, and tatais for invoice.
13-1