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Home My WebLink AboutContract 28231�(�N7� C� � � �� '�I C1TY Of� �O�T li�C�RTb, T��►� - r_.y.f STAi��p►R� �1��i1�NY �DR �NCIN��RING S�RI/IC�S This AGREEMENT is between the Cfty of Fort Worth (the "CfTY"), and Trartsystems Corporation Consultants, (the "ENGINEER"), for a PROJECT generally descri�ed as Design Engineering Services for Intersection Impro�ements on Greenbelt Road at Triniiy Boule�ard. ArYicle I Scope of Serrrices . � 1. �. i �_�. � �� . �� A. The Scope of Services is set forth in Attachmenf A. Ar#icle II Comp�nsa4ion A. The ENGINEER's compensation is set forth in Attachment B. A�#icle lli iepms af Paym�n� Payments to the ENGINEER will be made as follows: �►, Invoice and f�aymenf {1) The ENGINEER shall pro�ide the CITY sufficient documentation to reasonably substantiate the invoices. {2) Monthly invoices will be issued by the ENGINEER �or all work performed untder this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3). Upon complefiion of services er�umerated in Article I, the final payment ofi any balance will be due within 30 days of r�ceipt af the final invoice. (4} ln the event of a disp�ted or contesied 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 partion thereof. Na interest will accrue on any contested portion of the billing untif mutually r�sol��d. {5} if the CiTY fails to make payment in �ull to tF�e ENGINEER #ar billings cantested in good faith within 60 days af the amount due, the ENG{NEER may, after giving seven (7) days' written notice to CITY, suspend services under this AGREEMENT untii paid in full, including interesfi. In the event of suspensian of services, th� ENGINEER shall haue no liability io CITY for delays or damages caused the CfTY becaus� of such suspension af services. ,- I1�� . . �;_�r�l,�j� � ::�' r �'` I . �n+1 r� �; -�- , �� .,w�u � I� . ;�vVq� � A�icle 11� �blfg�iions of ihe �N�tiV��R Amendmerits to Ar�icle IV, if any, are included in Attachment C. !�. �, C. � ��neral The ENGINEER will Agreement, providing inc�dental thereio. �fianda�d o� Gare serve as the ClTY's inspection represer�tative �nder this consultation and ad�ice and furnishing customary services The standar� of care applicable #o the ENGiNEER's services will be the degree of skill and diligence normally employed in the Stat� of Texas by prafessional engineers or consultants pertorming the same or similar services at the time such services are performed. �ubsurr�ace Investigafiio�s (1} The ENGINEER s�all advise the CITY with regard to the necessity for subcontract woris such as special surveys, tests, test borings, or other subsurtace investigations in connection with design and engineering work to be perFormed f�ereunder. The ENGINE�R shall also advise the CITY concerning the resuits vf same. Such surveys, tests, and investigations shalE be furnished by the CITY, unless otherwise specified in Attachment A. (2) In sails, faundation, groundwater, and ather subsurtace investigatinns, the actual characteristics may vary significantly between successive test points and sample intervats and at locations other than where abservatians, exploratior�, and investigations have been made. Because of the ir�herent unce�tainties in subsurFace evaluatior�s, changed or unanticipated undergra�nd conditions may accur that could affect the #otal PROJEGT cost andlor exeeutian. These conditions and costfexec�tion effects are not the respansibility of the ENGINEER. Pr�epa�afion of Enginee�ing �raaeings The ENGINEER will provide to the CITY the ariginal drawings of al� plans in ink on reproducible p�astic film sheets, if reqt�ired under the Scope of Services, or as otherwise approved by CITY, which shall become the praperty of the CiTY. CITY may use st�ch drawings in any manner it desires; provid�d, howe�er, tha# the ENGINEER shaEl not be iiable for the use of s�ch drawings for any project other than t�e PROJECT clescribecf herein. �;. - ; -Z- �� , �� . �� .�� . �ngineer�ing Pe�sonnel at ConsfiPucfiian Sifie (1) The presence or duties of the ENGINEER's personnel at a constructior► site, whether as on-site representatives or othe�uvise, da not make the ENGfNEER or its personnel in any way responsifole for those d�t'res tf�at belong to the CITY andlor the CITY's construction cantractars or a#her entities, and da not relieve the cQns#ruction contractors or any ather entity o� their ahliga#ions, duties, and responsibilities, 'rncluding, but not limited to, aH construction methods, means, techniques, sequences, and pracedures necessary for coardinating ar�d completing all portions of the construc�ion wark in accordance with the Gontract Documents and any health or safety precautions required by s�ch constructior� wark. (2) Except to the extent of specific site �isits expressly detailed and set far#h in Attachment A, the ENGINEER or i#s persann�l shall have no obligation or responsib�lity to visi# the construction site to become famiiiar with the progress or quafity of the completed work on th� PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that #he PRQJECT, whe� campleted, wi�l be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreemer�t between CITY and ENGINEER be construed as requiring ENGINEER ta make exhaustive or continuous on-site inspectior�s to disco�er latent defects in ti�e work or atherwise check the quality or quantity af the wor� on the PROJECT. If, for any reason, the ENGINEER should ma4ce an on-site observation(s}, Qn the basis of such an-site observations, if any, the ENGINEER shall endea�or to keep the CITY informed of any deviation from the Contract Doeuments coming to the actual natice of ENGINEER regarding the PRO.iECT. (3) When professiona� certificafion or p�rformanc� or chara�teristics of materiafs, systems or equipmeni is reasonabiy required to perform the services set farth in the Scope o# Services, the ENGINEER shall be erttitled to rely upon sue#� certi�cation to establish materiais, systems or equipment and performance criteria to �e required in the Contract Documents. �. apinions o� P�o[aable Cost, �inanci�l Gonside�aiions, �nd 5chedules (1) The ENGINEER s#�alE pra�ide opinions of prabable costs based an tF�e current available information at the time of preparation, in accordance with Attachment A. (2} In pro�iding apinions of eos#, #inancial analyses, economie feasibility projections, and schedules for the PROJECT, the ENGINEER has no contraf over cost or price of Eabor and materials, unkno►nm or latent conditions of sxisting eq�ipment or struc�ures that may affect ope�-ation or , maintenance costs; competitive bidding procedures and market conditions, time or qua�ify or perForrnance by third parties; quality, type management, or directiQn of operating personnel; and other econom�c and operational factors ihat may materially affect the ultimate PROJECT cost or scheduEe. Therefore, the ENGINEER makes no warranty that the ClTY's actual :� .. �i �, ., � -3- PR4J�CT costs, financia� aspects, ecanomic feasibility, or schedules will not �ary from the ENGINEER's opinions, analyses, projections, or estimates. t9. Con�firucfiion P�ogress Paymenfis Recommendations by the ENGINEER �o the CITY for periodic canstruction progress payments to #he construction cantractor will be based on the ENGINEER's knovuledge, infnrmaiion, and belief from selective sampling and obser�ation that the wor� has progressed to the point indicated. Such recommendations do not represent �hat cantinuous or detailed examinations have been made by the ENGfNEER to ascer�ain that the construction contractor has completed the work in exact accordance with the Contract Documents; ihat the fina[ work will be acceptable in a11 respects that the ENGINEER has made an �xaminatian ta ascertain how or for what purpose the canstructian cantractor has used the ma�eys paid; tha# title #o any of the work, materials, or equipment has passed to #hs CITY free and clear of liens, claims, security interests, or encumbrances; or that #here are not other matters at issue between fih� CITY and the cons#ruction contractor that affecf the amaunt that sho�tld be paid. b. Record Drawings Record drawings, �f required, will be prepared, in part, on the basis of information compiled and fumished by ot#�ers, and may not always represent the exact location, type of various components, or exact manner in which the PRDJECT was finally constructed. The ENGINEER is not respansibl� �or any errors or omissions in the infarmation from others that is incarporated into #he record drawings. I. fiAinori�y and �doman �usiness �n��pp�ise (NYN�l��) Pariicipafiion In accord witM tha City af Fort Worth �rdinance No. 11923, as amended by Ordinance 13471, fihe C1TY has goals for the participation of minority business enterprises and woman business enterprises in CITY contracts. ENGINEER acknowtedges the MIWBE goa! �sta6lished far t�is contract and its commitment to meet that goal. �1ny misrepresentation of facts (other than a negligent misrepresentation) andlor the comm�ssion of fraud by the ENG�NEER may result in the termination of this agreemer�t and debarment from participating in CITY con#racts for a per�od of time of not less than three (3} years. J. Righf �o Audii (1) �NGINEER agrees that the CITY sha[I, until the �xpiration of three (3) years afiter final payment under this contract, have access ta and the right to examine and phatocopy any directly pertinen# baoks, documents, papers and records of #he ENGINEER in�al�ing transactions relating to this contract. ENGINEER agrees that the CITY shall ha�e access during normal working hours to all necessary ENGINEER facili#ies and shall be provided adequate and apprnpriate workspace En order to conduct audits in cnmpliance with the pro�isions af this section. The CITY shall gi�e ENGINEER reas�nabie ad�rance notace of intende� audits. ►�►4� � ii5 1f � ' K��p 'Y' .. � �W (2) ENGINEER further agrees to include in all its subconsultant agreemenis hereunder a prar►ision tv the effect that the subconsuitant agrees that the CITY s�all, unfil the expiration af three {3} years after finaf payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documen�s, papers and recor�s of such subcansultant, involving transactians ta the subcontract, and further, tf�at the CITY shall have access during normal working hours ta all necessary subconsultant facilities, and shal! be provided adequate and appropriate wa�k space, in order to conduct audits in compliance with the provisians of this article togeth�r with subsection {3) hereof. CITY sha11 give subconsuitant reasana�le advance notice of �ntended audits. (3) ENGINEER and subconsultant agree to photacopy such documents as may be requested foy the GITY. The CITY agreas to reimburse ENG�NEER for the cost of copies at the rate pub[ished in th� Texas Administrative Cade in effect as of the time copying is performed. kC. �NGIR��R'S Insu��nce {1) lns�rance coverage and limits: ENGINEER shall pro�ide ta the CfTY ce�tifica#e(s} of insurance documenting poiicies of the folEowing coverage at minim�m limits which are to be in effect prior to commencement of wor� on #he PROJECT: Commercial General Liability $1,OQ0,000 each occurrence $1,Oa0,OQ0 aggregate Automobile Liability $1,00O,OOD each accident (or reas�onably ec�uivalent limits of co�erage if wriiten on a split limits basis). Coverage shall be on any vehicle used in the course of the PR�JECT. UVorker's Compensation Caverage A: statutory limits Coverage B: $104,D00 each accident $�00,�0� disease — policy limit $100,000 disease — each employee Professional Liabi�ity $1,000,400 each claimlannual aggregate {2) Certi�icates of insurance evidencing that the ENGINEER has ob#ained a!I required insurance shall be deli�ered to the CITY priar to ENGINEER proceeding with the PROJECT. (a} A�plicable policies shaiE be enforced ta name the CITY an Additional insured thereon, as its interests may appear. The term CITY shall inclucle its employees, officers, officials, agents, and �olunteers as respects the contracted services. _ � ,, j °'(:�1�� ; ,,� , . 1� �5� 4 �� 1 . (b) Ceriifiicate(s} of insurance shall document that insurance coverages s�ecified according ta Sect�tir� J.(1� and J.�2) o# this AGREEMENT are pravided under applicab�e policies documented thereon. (c) Any failure an dacumentation requiremenfs. part af the C1TY to request required insurance 5hafl not constitute a waiver of fihe insurance (d) A minimum af thirky (30) days notice of cancellation, non-renewal or material change in coverage shaA be pro�ided to the CITY. A ten (�0) days notice shall be acceptable in the event af non-paym�nt of premium. Such terms shall be endors�d onto ENGINEER's Insurance policies. Notice shaEl be sent �o the respectiv� Department Directar (by name), City flf Fart Worth, 1000 Th�ockmorton, Fort Worth, Texas 76102. (e) Insurer�s for all pa�icies must be authorized to da business in the State of Texas or be otharwise approved by the CITY; and, such insurers shall be acceptable io the CiTY in ierms of their financisl strength and solvency. (� Deductible fimits, or se[f ins�ared retentions, affecting insurance required herein may be acceptable to the CITY at its sole discretion; and, in lie� of traditianal insurance, any alternative coverage maintair�ed thraugh ir�surance poals or risk retention groups must be also appro�ed. �edicated financial resources or letters of credit may also be accepfable ta t#�e CITY. �g} Appficable policies sha11 each be endorsed with a waiver of subrogation in favor af the CITY as respects the PRQJECT. (h) The CITY s�all be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies incluc�ing endorsements thereto and, at the CITY's discrefion, the ENGINEER may be req�ired to pravide proof of insurance premium payments_ (i) The Commercial General Liability insurance policy sha11 have no exclusions by endorsements unless such are appro�ed by the CITY. {j) The Professional Liability insurance policy, if written on a claims made basis shal! be maintained by the ENGINEER for a minimum two (2) year period subsequent to th� term of the respecti�e PROJECT cantract with the C[TY unless such coverage is provided the ENGINEER on an occurrence basis. (k) The CITY shall not �e responsible for the direct paymen# of aRy insurance premiums requir�d by this agreement. It is understaod that insurance cost is an al4owable component of ENGINEER's o�erhead. -6- � i4+�� .;,�: � . 1,L U �_ . '� (I) All insurance require� in Seciior� .;., except for the Professional Liability insurance policy, shall be written on an occurr8nce basis in order to be appro��d by the CITY. (m) Subconsultar�ts t� the ENGINEER shall be required by fhe ENGINEER to maintain t�e same or reasonab�y equivalent insurance cvverage as required for #f�e ENGINEER. Wher� insurance coverage is ma9ntained by subconsultants, ENGINEER shall provide CITY wiih documentation thereof on a ce�tificate of insurance. Naiwikhstanding anything to the contrary contained herein, in the eveni a subconsultant's insurance coverage is canceled or iarminated, s�ch cartcellation or termi�ation shall not canstitute a breach by ENGINEER of the Agreement. L. Ir�dependenf Cor�sul4an4 The ENGINEER agrees to pertorm all services as an independent co�sultant and nat as a subcontractor, agent, or employee of the CITY. lVY. [?isclasure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potentia[ conflicts af interest, inc6uding �ersonal financial interest, direct or indirect, in property ahutting the proposed PROJECT and business relationships with abut#ing proper�y owners. The ENGlNEER further ac�nowledges t�at it wiil make disciosure in writing of any conflicts of interest w�ich de�elop subsequent to the signing of this contract and prior to fiinal �aymen# �nder the contract. IV. Asbesfios or Hazardous Subsfances {1) If asbestos or hazardous substances in any form are e�cauntered ar suspec#ed, the ENGINEER will s#op its own wor�C in the affected portions of #he PROJECT to permit testing and e�aluation. (2) If asbestos ar other nazardous substances are suspected, the ENGINEER will, if requested, assEst the CITY in obtaining the services af a q�aalified subcontractor to manage the remediation actiuities of the PROJECT. O. Permi�ing �u4hori�ies — Design Changes If permitting authorities require design changes so as to comply with pu�fished design criteria ar�dlor current engineering practice standards which the ENGINEER shoukd ha�e be�n aware of at the time this Agreement wa� exect�ted, the ENGINEER shall re�ise plans and specifications, as required, at its own cost and expense. Hawev�r, if design changes are required due to the changes in the permitting autho�ities' published design criteria ar�dlor practice standards criteria which are published after the date of this Agreement which the ENGINEER cauld not ha�e been reasonable aware of, the ENGINEER shall �otify the CITY af such char�ges and an adjustment in compensation wilf be made thraugh an amendme�t ta this AGREEMENT. , -7- ; - .. ��Ficle !� Obligations of ihe Gity A. Gityd�urni�hed Dafi� The CITY will ma�Ce available to the ENGINEER all technical data in the CITY's passession relaiing to the ENGINE�R's seruices on the PROJECT. The ENGINEER rr�ay rely upon the accuracy, timeliness, and completeness af the informatian provided by the CITY. �. Access to Facilities �nd P�ope�y The CITY will make its facilities accessibfe to the ENGINEER as required for t�e ENGINEER's performance of its services and will pravide labor and safety equipment as required by the ENGINEER for such access. The CITY will perForm, at no cast ta the ENGfNEER, such tests of equipm�nt, machinery, pipelines, and other components of the CITY's facilities as may be required in connectian with the ENGINEER's services. T�e CITY will be respansible for all acts of the CITY's personnel. C. Ad�epi:isement�, Pe�mifis, �nd Access Unless otherwise agreed to in the Scope of 5ef►rices, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easemer�ts, rights-of-way, and access n�cessary for the ENGINEER's services or PROJECT consfruction. �. Yimely RevieF.e+ The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specfficatians, proposals, and other documents; obtain advice of an attorney, insurance counselar, accountant, auditor, bond and financial ad�isors, and other consultants as the CITY deems appropriate; and ret�der in writing decisions required by the CITY in a timely manner. �. ��omp4 P�o4ice The CiTY will gi�e prompt notice ta the ENGINEER whenever CITY observes or becomes aware of any �evelopment that affects the scope or timing of the ENGINEER's services or of any defec# in the work af #he ENGINEER or cortstruction contractors. �. A�l�es�os or Ha�ar�dous Subsi:�nces and Indemnifica�ion (1) To the maximum e�ctent permitted by law, the CITY wiil indemnify and release ENGIN�ER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, bt�t r�ot lirriited to, attorney's fees and litigation expenses arising out of or relatir�g to the presence, d�scharge, release, or escape of hazardaus substances., conta�ai�nL�: or -g- , � asbestos on or from the PROJECT. Nothing coniained herein shall be eonstrued ta require the C1TY to levy, assess or collect any tax to fund this indemnification. (2) The indemnification and release required above shall not apply in t�e event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a resuit of ENGiNEER's negiigence or if such hazardous substance, contaminant or asbestos is brought onto the PROJECT by ENGINEER. G. Co�tracio� Indemnific�fiion and Claims The C�TY agr�es to include in all cor�structipn contracts t�e provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions pro�iding contracto� ind�mnification of the CITY ar►d the ENGINEER for cantractor's negiigence. a. Confieac�o� Claims and Thir�ddParty �ene�ci��ies (1) The CITY agrees to include the follawing clause in all coniracts with construction contractors and equipment or materia�s suppliers: "Contractors, s�bcontractors and equipment and materials suppliers on the PROJEGT, or ti�eir sureties, shall ma�n#ain no direct action against the ENGINE�R, its officers, emplayees, and subcontrac#ors, for any claim arising o�t of, in cannection with, or resulting from the engineering services perFormeci. Only the CITY will be the benef�ciary of any undertaking by the ENGINE�R." �2) This AGREEMENT gives no right or benefits ta arryone other than the CITY and the �NGINEER and there are no third-party beneficiaries. t3} The CITY wiil include in each agr�ement it enters into with any ather entity or person regarding the PROJECT a pravision that such entity ar person sha�l have no third-party beneficiary rights ur�der this AGREEMENT. (4) Nothing contained in this section V.H. shal] be construed as a waiver of any rig�t the CITY has to bring a claim againsi ENGINEER. L Cl�l('s Insurance (1 } The CITY may maintain property insurance on cer#ain pre-�xisting siructur�s �ssaciated with the PR�JECT. (2) The GITY wifl ensure tha� Buifders Ris�IinstallatFon ins�rance is maintained at the replacement cost �alue of #he PROJECT. The CITY may pro�ide ENGINEER a capy of the policy or documentation of such on a certificate ofi insurance. (3) The CITY will specify t�tat the Builders Riskllnstallation insurance shall be comprehensi�e in coverage appropriate to the PRO,�ECT ris�ts. _ 1,�, li , ;r1,�� ,-�� . *� -9- 'ai�Nl � �- J. �i�igafiion Assistance The Scope of Services does not include costs af the ENGINEER for required or rec�uested assistance to su�port, prepare, document, bring, defiend, or assasf in litigation underta�er� or defended by ihe CITY. In the e�ent CITY requests such services o# the ENGINEER, #his AGREE�IIENT shall be amended or a separate agr�ement will be nego#iated between the parties. I�, Ghanges The CITY may make or approve changes within �he general 5cope of Services in ihis AGREEMENT. lf such changes affect #he ENGINEER's cost af or time required far performance �f the services, an e�uitable adjustmer�t w�ll be made through an amendment #o this AGREEMENT with appropriate CITY a�proval. A�icle VI Gener�l Leg�l Pr�odisions Amendments to Article VI, if any, are included in Attachment C. A. Au4ho�i�ation �o �poce�ed ENGINEER shall be authorized to �roceed with this AGREEMENT upon receipt of a written Notice to Proceed fram the CITY. �. Reuse of Pr°ojecfi �ocumenfis A(I designs, drawings, specifications, docum�nts, and oth�r work products af the ENGINEER, whether in hard copy or in electron�c form, are instruments of service for this PROJECT, whether the PROJECT is comp[eted or not. Reuse, change, or alteration i�y the CITY or by otf�ers acting through or on behalf of the CITY of any such instruments of service wifhout the written permission of the EN�GINEER wifl be at the CITY's sole risk. The final designs, drawings, specifica#ions and documents shali be owned by the CITY. C. �OPC� AI��J�lli@ The ENGINEER is not respansible for damages or delay in performance caused by acts of God, strikes, loc�outs, accidents, or other e�enis �eyand the control of the ENGINEER. �. iepmir�a�ion (1) This AGREEMENT may be terminated only by the City for canvenience on 30 days' written notice. This AGREEMENT may be terminated by either ihe CITY or th� ENGINEER for caus� if �ither party fiails substantiaily to perform through no fault of the other and does nat c�mmence correction af such nonperformance within fi�e (5} days of written r�otice and diiigently complete the correction thereafter. _IQ_ 7 .n � �� (2) If this AGREEMENT is terminated for the canvenience of the CITY, the ENGf NEER will be paid for termination expenses as follows: (a) Cast of reproduc#ion of partial or complete studies, �lans, specifications or other forms of ENGIN�ER's wor� product; (b} Out-of-pocket expenses microfi�m, electronic data services; for purchasing storage containers, files, and oti�er data storage supplies or (c) The iime requirements for the ENGlNEER's personnel to document the work unde�-way a# the time the CITY's termination for con�enienc� so that the woric efFort is suitahle for long time sto�'age. �. �. (3) Prior to proceeding with termination serviees, 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 terminaiEon services. Suspen�ion, �elay, or In�erruption to 1Nork The CITY may suspend, delay, o�- interrupt the services of the ENGINEER fo� the con�enience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost o� the ENGINEER's personnel and subcon#ractors, and ENGINEER's compensation will be made. Indemnifiication (1) The ENGlNEER agrees to indemn�fy ar�d defend the CITY from any lass, cost, or expense claimecf by third parties for property damag� and bodily injury, including dea#h, caused solely by the negligence or willful misconduct a# the ENGINEER, its employees, officers, and subcc�n#ractors in cannectian with the PROJECT. (2) If #he negligence ar wiUful misconduct of bo#h the ENGINEER and the CITY (or a persor� identified above for whom each is [iable) is a caus� af sucF� damage or injury, the loss, cost, or expense shaii I�e shared between the EIVGINEER and the CITY in �roportion to their relative degrees af negligence or willful misconduct as determined pursuant #o T.C.P. & R. Code, section 33.011(4} (Vernon Supplement 1996). G. �ssignmenti Neither party will assign all or any part af this AGREEMENT withaut the prior written consent of the other party. -11- ,, ' : , �- , K�. v;. �, H. In�e�p��tion LimitatiQns on fEabifity and indemnities in this AGREEMENT are business understandings between the parties and sha�l app�y to all the different theories of recovery, including breach of cantract or warranty, tort including negligence, strict or statutory liability, ar any other cause of actior�, except for willful misconduct ar grass negliger�ce far limitations of liability and sole negligence for ir�demnification. Parties means the CiTY and the ENGINEER, and their officers, employeas, agents, and suBcontractors. I, Ju�isdicfion The law of the S#ate of Texas shalf govern the validity of this AGREEMENT, its interpretation and perFormance, and any other claims related to it. T�e venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Al�ernafie �ispufie �esolufiion {1} Ail claims, disp�ates, and ather matters in question be#ween the CITY and ENGINEER arising o�t of, vr in connection with this AGREEMENT or the PROJECT, or any breach of any obliga�ion or duty of CITY or ENGINEER hereunder, will be submitted to mediation. tf inediatiort is unsuccessful, the claim, disPute or other matter in questions shall be submitted to �rbitratior� if bath parties acting reasonably agree that t#�e amount of the dispute is likely to be less than $50,000, exclusi�e of attorney`s fees, costs and expenses. Arbitration shall be in accardance with the Construction lndustry Arbitration Rules of the American Arbitratian Association or ather applicable rules of the Association than in effect. Ar�y award rendered by the arbitrators fess than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgement may be entered thereon in any court ha�ing jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sectior�s 10 and 1� of the �ederal Arbitration Act (9 U.S.C. 5ections 10 and 11.) (2) Any award greater than $50,000, exclusi�e of attorney's fees, costs and expenses, may be litigated by either party on a de nava basis. The award shafl become fin�i ninety (90) days �rom the date same is issued. If litigation is filed by either party within said ninety (9Q) day period, the award shall become null and void and shall no# b� used by eitl�er party for any purpose Fn the fitigation. �. Se�e�abilify and Survir►al ff any of the pro►►isions cor�tained in this AGREEMENT are held for any reason to be in�alid, ilfegal, ar unenfiorceabie in any respect, such invalidity, ill�gality, or unenforceability will not affect any other provision, and fhis AGREEMENT shalt be eons�rued as if s�ch invalid, iElegal, or unenfarceable provision had never been cantained herein. Articles V_F., VI.B, VI.�, VI.H, and VI.J shall su�vive termination of this AGREEMENT for any cause. -12- � lE 'rAl�" !a. 8bserve and Comply ENGINEER shall at ali time observe and comply with al� federal and State laws and reguiatians and with all CITY nrdinances and regulations which in any way affect this AGREEMENT and fhe work hereunder, and shafl observe and comply with ail 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 emplayees from and against all claims or liability arising out of the �ioiatian of any such order, law, ordinance, or regulation, whether it be by itself or its employees. A�ticle �Il Attachmenfis, Schedule�, and Signa�ures This AGRE�MENT, incEuding its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendmeni executsd by both parties. The following attachm�nts and schedules are hereby made a part of this AGREEMENT. Attachment A- Scape of 5ervices Attachment B - Compe�satiort ATTEST: ,�' � � I' ,�'�(,[,� - �i�.f�- G oria Pears�+ City Secret�ry APPROVED AS TO FORM AND LEGALITY � Gary Steinberger Assistan# City Attorney C[TY OF FORT W�RTH , M rc . Ott Assist r�t Ckty Man �ger n--:.� � : «r.�� ►. . 1' " � Robert D. Goode, P.E., Director Transpartation and Pt�b{ic Works ATTEST: TRANSY T RPORATION C�NSULTANTS Rau! P na III, .E. �. . . can��act �uthorix�t�.on - --,� _ �' . , �� . _.. .a��:,��- - --� ------�.��_�_., lla�� -13- �. T�r�� r� , , Cc��,T�'o�v . � . C O N S U L T A N T S ALL�.�illllli,i�L cc�f7 December Q2, 2002 Mr. Randy Burl�ett, P,E. Transportation & Public Worlcs Dept. Tra��ac Engineering 1000 Throcicrnorton Street Ft. Worth, TX 76102 �e: In�ersec�ion %mprodements Yrini�y Blr+d. & Creen �eit Rd., ��. l�orth, �'exas Dear Mr. Burkett: Tn accordance with your request we have pregared this proposal for engineering and surveying services on the above referenced project far your consideration. Tn an effar� to defuae the sco�e of seivices I have included our recommended improvements at this intersection. Our proposal is based on innplementing all the b�low recnminendations. �roposeci �ntersec'�ion improvements Although the intersection has recently l�een reconstructed, there are a number of recomin�rtded im�rovernents as the result of apparently unanticipated traffic patterns created by the Bell helicopter traffic. There a�•e very heavy tra�fic mov�ments to and from the south onto Trinity Blvd. via ihe two-lane Green Belt Rd. Extensive queues have been observed %r n.orthbaund traf�c as we11 as eastbound left-turns and westbound right-tums. In addition, the iight corner radii have further ditninis�ed the operation of the intersection. The City has recently made temporary mndifications on the southwest corner to increase the radii. To better accomrmodate the current traffic patterns, the following improveinents are recommended: o Corzstruct a right-turn la�:e on Gt�eerxbelt. During all of the pealc periods the�-e are heavy northbound left-tu� movements, nearing 400 vehicles per hour in the A.M. and P.M. peaks. The lack of channelized iurn lanes for left a;�t1 right-turning traffic creates undue delays for right turning traffic, which gets stuek in the queues for left-turnitag traffic. It is recominended that a 400 foot right turn lane be constructed on the northbound approaeh. This propasal includes the addition of this right turn lane to Greenbelt. o I�ttprove car�ter �adii. The intersection was constructed with approximately 30-foot corner radii. This, in conju�action wifh the narrow pavement on Green Belt Rd. (approximately 24 feet}, required vehicles to make this turt�ing maneuver at very slow speeds, reducing the efiiciency of the intersectioz�, particularly with the high turning volumes. It is recommended that the corner radii be increase to at least 40 feet and the south/east bound Iane on Green Beit Rd. be increased to 1G feet in width within 140 feet or so of the intersection. � E�te�xd tlze exrstirig deft-turn lc��xe lerxgth on Tri�aity Blvc�. The capacity analysis indicates that this left-turn bay should provide at least 425 feet (approx 150' exists) of queue storage based on curren.t trafiic volumes. WithaUt the extended turn lane, traffic r�il1 frequently back out of the existing turn lane into the through trafFic lai�es. Tlus proposal includes median modifications in Trinity Blvd. to lengthen this left turn lane. 500 W. 7th Sfreet, 5uite 600, Postal Unit #20 - Forf Worth, TX 761 02-4 7 73 • TeE: {817) 339-8950 • Fax: (817) 336-2247 ,i fj � Co�avert tlze outside lane (Trinity Bdvc�) into an e.xcltcsive rigl�t-tu��x la�ae. With peak hour right-turn movements ir� excess af 5�0 vehicles, there is a need for a separate right-iuz-n Iaz�.e ai this intersection ta separate the slowing right-turning traffic from the high-speed through frafiic. As through lrafiic volumes are currently fairly low at the intersectian and the third eastbound through lane l�egins approximately 1,OQ0 feet west of the intersection, it is recommended tha# starting at the west end of ths recent improvements, the rightrnos� lane be marked out and that 6eginning at about 500 fee# frona the intersection this lane be marked as a right tum anly lane. East of the intersection the right most lane should also be marked out for approximately 100 feet to reduce the lil�elihood of t��affie i.n. the right tzu•n lane travelir�g straight through the intersection. Ulti.mately, if three tkn-ough lanes are found to be needed nn Trinity Blvd., a separate right tu�n lane will need to be constructed. This proposal includes the geornetrics, stripping a�d pave�nnent rraarkings for converting the existing outside lane into a dedicated right. � Insfall a large arraw (W1-?) sigr� orx tl�e nortlx side of tlie iritersectiorz. Motorists n.orthbound on Green Belt Rd. cannot see the far side of the intersection and thus, unfamiliar drivers may not realize it is a T inkersection. Placing fhis sign where it is visible to drivers approaching the intersection should help irzxprove safety at the itatersection. � Grt�rli�zg. The interseciion is construcied on a fi11 section with side slopes beginning iznn�ediately beyond the curbline. In order to pra�ide a level surface %r the placement of signal poles, the controller and sidewalk ramps, ii is rccomrnended that a maximum 6: I side slope be provided within 10 feet of the curb in the rli�inity of the intersection. This proposal includes drainage and grading improvements to widen Greenbelt and reIated intersection improvements at Txinity Blvd. Propased �ngineering and Surdeying �ervices 1. Surveying � Topographical ................................. $5,660.00 2. E�gineering � Engineeri�ngPlans ........................... 13,140.00 � Specifications ................................ 2,700.00 � Bidding assistance.. .. . .. . .. .. . . .. . . . . . . . .... 1,240.00 • Reimbursahles . . .. .. .. . . . .. . .. . . . . .. . . .. .. . .. 1,37S.QQ Subio�al $18,455.00 Total $ Z4,ll5.00 We ha�re also included a spreadsheet that shows a breakout of man-hours by phase and task, If yau should have any questions please feel free to cantact me. �:_...�....,.. Cansultants ATTACHMENT "B" METHOD OF PAYMENT Intersection Improvemenis Trin�ty Bl�d. & Green Belt Rd., Ft. Warth, Texas Methad of Paym�nt for Lump Sum Compensation The �NGINEER shall he paid in tl�ree partial payments as autlined below: ParCial Payment Number 1, which shall be equivalent to 50% of the total lump sum %e, shall be payabie after submittal oiPreliminary Construction Plans and Opinian of Probable Cost Partial Payme�t Number 2, which shall 6e equivalent to 90% of the total lump s�rn fee, �ess previous payrnents, shall be payable after submitta! oiFinal Construction Plans and Specifications. Partial Payment Number 3, which shaI! be equivalent to 100% af the tatal lump sum fee, less prev�ous paym�nts, shall be payable after approval by City of Final Plans and Speciflcations. C:II?ocuments and 5ettingslrpena.A-EIMy DocumenfslMy Documentslproposals1greenbelk ATTACIiMENT B.doc