HomeMy WebLinkAboutContract 56888 CSC No.56888
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
("CITY"), and Graham Associates, Inc., authorized to do business in Texas, ("ENGINEER"),
for a PROJECT generally described as: WJ Boaz Road West Half, CPN 103299,
Improvements from Boat Club Road (FM 1220) to Elkins School Road.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. Negotiated changes to this
Agreement, if any, are included in Attachment C.
Article II
Compensation
The ENGINEER's compensation shall be in the amount up to $98,085 as set forth in
Attachment B. Payment shall be considered full compensation for all labor (including all
benefits, overhead and markups), materials, supplies, and equipment necessary to
complete the Services.
Engineer shall provide monthly invoices to City. The Engineer shall provide the City
sufficient documentation, including but not limited to meeting the requirements set forth in
Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services for which payment is made, including any act or omission of
City in connection with such Services.
Article III
Term
Time is of the essence. Unless otherwise terminated pursuant to Article VI. D.
herein, this Agreement shall be for a term beginning upon the effective date, as described
below, and shall continue until the expiration of the funds or completion of the subject
matter contemplated herein pursuant to the schedule, whichever occurs first. Unless
specifically otherwise amended, the original term shall not exceed five years from the
original effective date:
City of Fort Worth,Texas W OFFICIAL RECORD
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021 CITY SECRETARY
Page 1 of 14
FT. WORTH, TX
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Worth,Texas W J Boaz Road West Half CPN 103299
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 2 of 14
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the contract documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the contract documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the contract documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
City of Fort Worth,Texas W J Boaz Road West Half CPN 103299
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 3 of 14
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Business Equity Participation
City of Fort Worth,Texas W J Boaz Road West Half CPN 103299
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 4 of 14
City has goals for the full and equitable participation of minority business
and/or women business enterprises in City contracts greater than
$100,000. In accordance with the City's Business Equity Ordinance
(Ordinance No. 24534-11-2020 as codified in Chapter 20, Article X of the
City's Code of Ordinances, as amended, and any relevant policy or guidance
documents), the City has goals for the full and equitable participation of
minority business and/or women business enterprises in City contracts
greater than $100,000. Engineer acknowledges the MBE and WBE goals
established for this contract and its execution of this Agreement is Engineer's
written commitment to meet the prescribed MBE and WBE participation
goals. Any misrepresentation of facts (other than a negligent
misrepresentation)and/or the commission of fraud by the Engineer may result
in the termination of this Agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
City of Fort Worth,Texas W J Boaz Road West Half CPN 103299
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 5 of 14
K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondent superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
P. Schedule
City of Fort Worth,Texas W J Boaz Road West Half CPN 103299
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 6 of 14
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
City of Fort Worth,Texas W J Boaz Road West Half CPN 103299
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 7 of 14
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. Litigation Assistance
City of Fort Worth,Texas W J Boaz Road West Half CPN 103299
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 8 of 14
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
D. Termination
City of Fort Worth,Texas W J Boaz Road West Half CPN 103299
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 9 of 14
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all projected termination
expenses. The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
City of Fort Worth,Texas W J Boaz Road West Half CPN 103299
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 10 of 14
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto. The failure of CITY or ENGINEER
to insist upon the performance of any term or provision of this Agreement
or to exercise any right granted herein shall not constitute a waiver of CITY's
or ENGINEER's respective right to insist upon appropriate performance or
City of Fort Worth,Texas W J Boaz Road West Half CPN 103299
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 11 of 14
to assert any such right on any future occasion.
L. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2271 of the
Texas Government Code, CITY is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel'
and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract,
ENGINEER certifies that ENGINEER'S signature provides written
verification to the CITY that ENGINEER: (1) does not boycott Israel;
and(2) will not boycott Israel during the term of the contract.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of this
AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
City of Fort Worth,Texas W J Boaz Road West Half CPN 103299
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 12 of 14
Attachment D - Project Schedule
Attachment E - Location Map
Attachment F — Insurance Requirements
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
Kasper/Graham Associates, Inc.
Dana Burghdoff(Dec 27,20 09:57 CST W YeA'-Williams
Dana Burghdoff W.Jeff Williams(Sep 27,202109:16 CDT)
Assistant City Manager W. Jeff Williams
President/CEO
Date. Dec 27,2021
Date: 7/30/2021
APPROVAL RECOMMENDED:
William Johnson, PE
Director, Transportation & Public Works
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Alejand6 Ayala, PE
Sr. Project Manager
APPROVED AS TO FORM AND LEGALITY
0�
By: 7ck(Dec 22,202114:16CST)
Douglas W. Black
Assistant City Attorney
OFFICIAL RECORD
City of Fort Worth,Texas W J Boaz
Standard Agreement for Engineering Related Design Services CITY SECRETARY
Revised Date:July 01,2021
Page 13 of 14
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City of Fort Worth,Texas W J Boaz Roa OFFICIAL RECORD
Standard Agreement for Engineering Related Design Services
Revised Date:July 01,2021
Page 14 of 14 CITY SECRETARY
FT. WORTH, TX
FORT WORTH.
ATTACHMENT "A"
Scope for Engineering Design Related Services for WJ Boaz Road Task Order Contract
(From Boat Club Road to Elkins School Road)
The scope set forth herein defines the work to be performed by the ENGINEER in completing
the project. Both the CITY and ENGINEER have attempted to clearly define the work to be
performed and address the needs of the Project.
Design and construction of WJ Boaz Road between Boat Club Road and Elkins School Road.
Includes reconstructing approximately 1.13 miles of existing 2 lane roadway to a 4 lane divided
thoroughfare street section. Improvements will include pavement widening, drainage
improvements, street lights and shared use paths.
OBJECTIVE
The project will provide preliminary engineering of the proposed roadway to include major
design challenges in Oncor permitting, paving, and drainage.
The Engineer shall partially survey and design 30% conceptual plans for Paving and Drainage
improvements of W.J. Boaz Road (West End)from Boat Club Road (FM1220) to 600 feet East
of Elkins School Road in the City of Fort Worth, Texas.
The project will require designing conceptual plans 30% for the layout of paving plan and a
drainage area map. The street grade will be profiled as part of this submittal. Partial survey
will be completed for benchmarks, control, and geometrics.
The project team will look at ways to save existing homes from being removed by the project
WORK TO BE PERFORMED
Task 1. Design Management (Up to 30% Conceptual)
Task 2. Conceptual Design (30%) (Not including traffic counts or SUE)
Task3. P eliminary Design (60%) (Blot Innli in
Task 4. Final Design (90% anc�rm 100%) (Ant IRGlu
Task F Bid Phase S iinoo (Not InGluded)
Task R GOnStri Gtinn Phase S nGes (Not Innli d
-I-�Y�r���vvrr�craocTcrn--r-r�Qe�-rvc� -rvrmvrcra )
Task 7. ROMEasernent-SerViGes (Net ded)
Task 8. Survey (Partial Survey Included)
Task 9. Permitting (Oncor Overhead Line exhibit)
Task 10. Quality Control/Quality Assurance (Up to 30% Conceptual)
City of Fort Worth,Texas W J Boaz Road West Half CPN 103299
Attachment A
PMO Release Date:07.23.2012
Page 1 of 11
FORT WORTH.
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team
• Lead, manage and direct design team activities (no sub-consultants are included
with this 30% conceptual design)
• Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance
of the work. Refer to Task 10 for further details.
• Communicate internally among team members.
• Task and allocate team resources.
1.2. Communications and Reporting
• Attend a pre-design project kickoff/charter meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements.
• Conduct and document monthly project update meetings with CITY Project
Manager
• Conduct a review meeting with the CITY at the end of the 30% design phase.
• Conduct and document biweekly design team meetings
• Conduct QC/QA reviews and document those activities. Refer to Task 10 for
further details.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement
and submit monthly in the format requested by the CITY. Multi-month billing is not
allowed. Months in which no work is being invoiced shall require submission of a
$0.00 invoice. Prepare and submit monthly Project Status Reports in the format
provided by the Transportation and Public Works Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule
updates with a schedule narrative monthly, as required in Attachment D to this
Standard Agreement in compliance with the City's Specification 00 31 15 entitled
Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined
in the City's Specification 00 31 15 entitled Engineer Project Schedule.
• Prepare and submit a preliminary Project Stakeholder Register, and Project
Communications Plan. CITY will modify and finalize.
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure and provide and obtain information needed to prepare the
design.
City of Fort Worth,Texas Page 2 of 11
Attachment A W J Boaz Road West Half CPN 103299
PMO Release Date:02.06.2015
Page 2 of 11
FO4101 _THE
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements
are appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to
meet their requirements, as part of the design scope.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub-consultants shall carry readily visible
information identifying the name of the company and the company
representative.
ASSUMPTIONS
• This portion of the 30% conceptual is estimated to be delivered by November 5,
2021, per our schedule provided.
• One (1) pre-design project kickoff/chartering meeting
• One (1) constructability review meeting during design
• Two (2) monthly project update meetings during design phase
• One (1) plan review meeting
• Eight (8) biweekly design team meetings
• All submittals to the City will be Quality checked prior to submission.
• Project design phase is anticipated to take two (2) months.
• Two (2) monthly updates of Project Status Reports, and project Schedule.
DELIVERABLES
A. Meeting summaries with action items
B. QC/QA documentation
C. Baseline design schedule
D. Preliminary Stakeholder Register, and preliminary Project Communications Plan
E. Monthly Schedule updates with schedule narrative describing any current or
anticipated schedule changes.
F. Monthly Project Status Reports
G. Plan Submittal Checklists (See Task 10)
H. Monthly invoices
City of Fort Worth,Texas Page 3 of 11
Attachment A W J Boaz Road West Half CPN 103299
PMO Release Date:02.06.2015
Page 3 of 11
FORT WORTH,
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate
through the defined deliverables, and recommend the design concept that successfully
addresses the design problem, and to obtain the CITY's endorsement of this concept.
ENGINEER will develop the conceptual design of the infrastructure as follows:
2.1. Data Collection
• Count Data: (Not included in this partial contract) Micros, fcei
spreadshee 24-hour and Turning Movement Cou ga hered at 15-
minute intervals at a minim II raw da e . Provide Daily Summaries
by Approach and Peak-Peri marl roach. Spreadsheet shall be
uploaded to s document management sys e 360) folder 'TPW
ount Data'.
• In addition to data obtained from the CITY, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the
project. ENGINEER will also identify and seek to obtain data for existing conditions
that may impact the project including utilities, agencies (TxDOT and railroads), City
Master Plans, and property ownership as available from the Tax Assessor's office.
• The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, private utilities, and government agencies to determine the
approximate location of above and underground utilities, and other facilities
(current and future) that have an impact or influence on the project.
re-
routing plans where ReGessary.
2 7 S bs irfane Utility Engineering`"
Provide SubsurfaGe Utility ERgineering (SUE) per Task 8. (Net this partial
GGntraG9
2.3. Utility Clearance
• ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts
with existing utilities, and where known and possible consider potential future
utilities in designs. Where conflicts cannot be avoided, coordination of Utility
Conflicts will begin at the Conceptual Design phase.
• In the case of a public utility conflict, the ENGINEER will design CITY facilities to
avoid or minimize conflicts with existing utilities, and where known and possible
consider potential future utilities in designs.
• In the nape of a private Utility Genflint the ENGINEER will provide a Dill= cot of
plans with the Utility GORfliGts highlighted and a Utility GenfliGts Table of these
Ge nf�tS to be !FlGlu ed in e Utility y GlearanGelLetter fnr nnnrdinatinn The
City of Fort Worth,Texas Page 4 of 11
Attachment A W J Boaz Road West Half CPN 103299
PMO Release Date:02.06.2015
Page 4 of 11
FORT WORTH
utility'sENGINEER may need tG GOOrdinate direGtly with the private utility prev 0 der if that
needs to undertake design to adjust their
prev
in this partial nontrant\
• The ENGINEER shall upload a PDF file of the approved preliminary plan set to the
designated project folder in the City's document management system (BIM 360)
for forwarding to all utility companies which have facilities within the limits of the
project. The PDF file should be created directly from the CAD files.
2.4. Engineering Design Report
To ensure adherence to project scope, that design approach is in line with project
objectives, and to obtain concurrence on development of the conceptual layout,
ENGINEER shall prepare and submit a design report in the format provided by the
CITY prior to developing conceptual plans. The CITY shall review and provide
feedback on the report prior to ENGINEER starting the conceptual design.
2.5 The Conceptual Design Package shall include the following:
• PreliminaFy GeveF and index of sheets ORGluding projeGt limits, area leGation map
an t beginning and enrol station limits
• Quantity SummaFy page and eaGh design sheet shall inGlude a quantity take eff
table
• GonGent„al Design Report (Arterials) in the format pFevided by the CITY
Manual for Site Deyelepment and GGns+r„ntinn
• PDF set of plans with the Utility GenfliGts highlighted and a Utility Genfl!Gts Table
• Existing typical sections of the roadway to be constructed along with proposed
typical sections which outline the proposed improvements. Typical sections shall
include existing and proposed ROW, existing and proposed lane widths and
direction arrows, existing and proposed curbs, sidewalks, and retaining walls.
• Conceptual plan and profile sheets showing existing and proposed horizontal
roadway alignments, existing and proposed ROW, existing and proposed
sidewalks, and driveways, proposed lane dimensions and lane arrows, existing
drainage structures, city owned and franchise utilities, and existing roadway
vertical alignments (profiles).
• Documentation of key design decisions.
• Estimates of probable construction cost.
ASSUMPTIONS
• All storm water calculations and design shall conform to the CITY current iSWM
Criteria Manual for Site Development and Construction.
• Three (3) sets of 11"x17" size drainage area maps and one roll geometric drawing
will be delivered for the 30% design.
City of Fort Worth,Texas Page 5 of 11
Attachment A W J Boaz Road West Half CPN 103299
PMO Release Date:02.06.2015
Page 5 of 11
FORT WORTH®
• PDF files created from design CAD drawings will be uploaded to the designated
project folder in the City's document management system (BIM 360). ENGINEER
shall not proceed with Preliminary Design activities without written approval by the
CITY of the Conceptual Design Package.
DELIVERABLES
A. Conceptual Plan/Profile Roll Drawing of the Geometrics
B. Conceptual Drainage Area Map & Runoff Computations
SK 7. ROW/EASEMENT SERVICES.
EN G EER will support and perform activities related to ROW and land as outlined b w,
per sco 'ng direction and guidance from the CITY's Project Manager.
7.1. Rig h of-Way Research
• The NGINEER shall determine rights-of-way and easem t needs for
constru ion of the project. Required temporary and permanent asements will be
identified sed on available information and recommendati s will be made for
approval by e CITY.
7.2. Right-of-Way/Easem nt Preparation and Submittal. (Criti I Parcels to be delivered
during this contract)
• The ENGINEER shall p pare documents to b used to obtain right-of-way and
permanent and/or tempora easements req ' ed to construct the improvements.
• The ENGINEER shall prepar a RO and Easement parcel reference map
showing and designating all land ter t for project. The map shall be revised as
necessary throughout the land acq ition process.
• The documentation shall be ovided conformance with the checklists and
templates available on the Ci 's document anagement system (BIM 360) Project
Resources folder.
7.3. Temporary Right of Ent reparation and Submitta Not to be performed with this
partial contract)
• Prior to cons ction, the ENGINEER should coordina with the City project
manager to ' entify all needed Temporary Right of Entries om landowners. It is
assumed at letters will only be required for landowners adja nt to construction
or wh are directly affected by the project and no easement is quired to enter
thei roperty.
• he documentation shall be provided in conformance with the chec ists and
templates available on the City's document management system (BIM 360) roject
Resources folder.
City of Fort Worth,Texas Page 6 of 11
Attachment A W J Boaz Road West Half CPN 103299
PMO Release Date:02.06.2015
Page 6 of 11
FORT WORTH
ASSUMPTIONS
• to Ten (10) critical parcels delivered during this contract.
• Right-o - ay research includes review of property/right-of-way records sed on
current intern -based Tarrant Appraisal District (TAD) informatio ailable at the
start of the projec nd available on-ground property info r ion (i.e. iron rods,
fences, stakes, etc.). es not include effort for c ' of title research, parent
track research, additional re rch for easeme of included in the TAD records,
right-of-way takings, easemen aca ' and abandonments, right-of-way
vacations, and street closures.
DELIVERABLES
A. No more tha (10) Easement exhibits and meet , nd bounds provided on
CITY fo
B OW and Easement parcel map
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
8.1. Design Survey
• ENGINEER will perform field surveys to collect horizontal and vertical elevations
and other information needed by ENGINEER in design and preparation of plans
for the project. Information gathered during the survey shall include partial
topographic data, control survey, and minimal survey for 30% conceptual plans.
• The minimum survey information to be provided on the plans shall include the
following:
— No less than two horizontal benchmarks, per line or location.
— Bearings given on all proposed centerlines, or baselines.
— Station equations relating utilities to paving, when appropriate.
8.2. Temporary Right of Entry Preparation and Submittal
• The documentation shall be provided in conformance with the checklists and
templates available on the City's document management system resources folder.
Quality Level D
• Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.), to help identify utility owners that may
have facilities within the project limits or that may be affected by the project.
City of Fort Worth,Texas Page 7 of 11
Attachment A W J Boaz Road West Half CPN 103299
PMO Release Date:02.06.2015
Page 7 of 11
FORT WORTH.
• Collect applicable records (e.g., utility owner base maps, "as built" or record
drawings, permit records, field notes, geographic information system data, oral
histories, etc.) on the existence and approximate location of existing involved
utilities.
• Review records for: evidence or indication of additional available records; duplicate
or conflicting information; need for clarification.
• Identify surface features, from project topographic data and from field
observations, that are surface appurtenances of subsurface utilities.
• Include survey and correlation of aerial or ground-mounted utility facilities.
• Survey surface features of subsurface utility facilities or systems if such features
have not already been surveyed by a professional surveyor. If previously
surveyed, check survey data for accuracy and completeness.
• Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
• Update (GF pFepare) plan sheets, eleGtreniG files, andler other dGGLAments tE) FefleG
the i,nRtegFotion of Quality Level D and Quality Level G information
• Provide Quality Level G to identify overhead utilities on the prc)jeGt and pFGvide the
ASSUMPTIONS
Up to None (0) Level A test holes are included.
DELIVERABLES
A. SUE plan drawings Level C & D will be provided on the conceptual roll drawing
from existing plans sealed by a professional engineer registered in the State of
Texas.
TASK 9. PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and/or permits normally required for a project of this size and type, as follows:
9.7 Utility Permitting
• Survey existing overhead transmission lines
• Provide an exhibit showing the roadway vs the overhead lines.
City of Fort Worth,Texas Page 8 of 11
Attachment A W J Boaz Road West Half CPN 103299
PMO Release Date:02.06.2015
Page 8 of 11
FORT WORTH.
ASSUMPTIONS
A. None
DELIVERABLES
A. Prepare Oncor Exhibit on 11"x17" drawing
TASK 10. QUALITY CONTROL/QUALITY ASSURANCE
ENGINEER to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan)
outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are
incorporated into the calculations, plans, specifications, and estimates.
ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality
and consistency of plans.
If, at any time, during the course of reviewing a submittal of any item it becomes apparent to
the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may
cease its review and return the submittal to the ENGINEER immediately for appropriate action.
A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project
Manager.
10.1. QC/QA of Survey and SUE Data
• The ENGINEER's Surveyor shall perform Quality Control/ Quality Assurance on
all procedures, field surveys, data, and products prior to delivery to the CITY. The
CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance
review of the survey and/or s bs r-faGe Utility —gineering (SUE) werk r,e Fformed
by other surveyors and SUE provider
• ENGINEER's Surveyor shall certify in writing via a letter that the survey information
provided has undergone a Quality Control/Quality Assurance process.
10.2. QC/QA of Design Documentation
• ENGINEER shall perform a QC/QA review of all documents being submitted for
review at all stages of the design including the 30% design review submittals. QA
should be performed by an individual within the firm who is not on the design team.
• ENGINEER is to acknowledge that each item on the Detailed Checklist has been
included by checking "done" on the checklist. If a particular checklist item is not
applicable, this should be indicated by checking "N/A". If an entire checklist is not
applicable, this should be indicated by checking every item on the list as"N/A" and
still included with the submittal. The ENGINEER shall use the Detailed Checklist
provided by CITY.
• A Comment Resolution Log must be used to document conflicting comments
between reviewers and to highlight comments made by the CITY that the
ENGINEER is not incorporating into the design documents along with the
associated explanation. The ENGINEER shall use the Comment Resolution Log
provided by CITY.
City of Fort Worth,Texas Page 9 of 11
Attachment A W J Boaz Road West Half CPN 103299
PMO Release Date:02.06.2015
Page 9 of 11
FORT WORTH.
• The documentation of a QC/QA review includes (1) a copy of the color-coded,
original marked-up document (or"check print") developed during the QA checking
process and/or review forms which sequentially list documents and associated
comments; and (2) a QC sign-off sheet with signatures of the personnel involved
in the checking process. Mark-ups may also be documented using the Comment
Resolution Log.
• Evidence of the QC/QA review will be required to accompany all submittals.
Documentation shall include, but is not limited to, the following items:
- PDF of the completed Detailed Checklists
- PDF of the QC/QA check print of the calculations, plans, specifications, and
estimates demonstrating that a review has been undertaken;
- PDF of previous review comments (if any) and the ENGINEER's responses to
those comments in the Comment Resolution Log.
• If any of the above information is missing, is incomplete or if any comments are
not adequately addressed; the CITY may contact the ENGINEER and request the
missing information. If the ENGINEER does not respond to the request within 24
hours, the CITY shall reject the submittal. No additional time will be granted to the
design schedule for a returned submittal. ENGINEER shall plan to recover the lost
time with future project milestones remaining unchanged.
• If the ENGINEER has not adequately addressed the comments, the submittal shall
be rejected and returned to the ENGINEER immediately to address the issues.
ASSUMPTIONS
• All submittals to the City will be Quality checked prior to submission.
• A PDF of the QC/QA documentation will be uploaded to the project folder in the
City's document management system (BIM360).
DELIVERABLES
A. QC/QA documentation
City of Fort Worth,Texas Page 10 of 11
Attachment A W J Boaz Road West Half CPN 103299
PMO Release Date:02.06.2015
Page 10 of 11
FORT WORTH.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services described in
the tasks above. However, ENGINEER can provide these services, if needed, upon the
CITY's written request. Any additional amounts paid to the ENGINEER as a result of any
material change to the Scope of the Project shall be agreed upon in writing by both parties
before the services are performed. These additional services include the following:
• Negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection and re-
bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of God.
• Services related to warranty claims, enforcement and inspection after final completion.
• Services to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
• Services for Level A, B, and partial C SUE.
• Services for right of way parcels and easements.
• Services for traffic study and signal design.
• Services for additional survey work.
• Services for Geotechnical engineering and pavement design.
• Services for 404 Permitting.
• Services for CLOMR, LOMR with FEMA.
• Services for TxDOT Permit.
• Service for 60%, 90% and final document designs.
• Services for hardscaping, landscaping, and irrigation design.
• Services for structural design.
• Services for street and pedestrian lighting.
• Services for property acquisition.
• Services for roadway cross sections for paving.
• Services for construction staking.
• Services for construction bidding and construction administration
• Services for SWPPP Plan
City of Fort Worth,Texas Page 11 of 11
Attachment A W J Boaz Road West Half CPN 103299
PMO Release Date:02.06.2015
Page 11 of 11
ATTACHMENT B
COMPENSATION
Design Services for
WJ Boaz Road Task Order Contract
From Boat Club Road (FM 1220) to Elkins School Road
City Project No. 103299
Time and Materials with Rate Schedule Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $98,085 for
personnel time, non-labor expenses, and subcontract expenses in performing
services enumerated in Attachment A as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Category Rate for the ENGINEER's team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries, overhead,
and profit.
Labor Category Rate
$/hour
Principal 225
Senior Engineer 175
Registered Engineer 160
Project Engineer 150
Senior Hydrologist 175
Project Hydrologist 140
Tech IV 110
Tech 111 105
RPLS — Surveyor 150
Tech 11 90
3 Man Survey Crew 170
2 Man Survey Crew 140
Clerical 50
ii. Non-Labor Expenses. Non-Labor Expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall be
reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 4 W J Boaz Road West Half CPN 103299
B-1
ATTACHMENT B
COMPENSATION
iv. Budgets. ENGINEER will make reasonable efforts to complete the work within
the budget and will keep the City informed of progress toward that end so that
the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be
adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services that the
PROJECT cost presented in Article 2 of the Agreement will be exceeded, whether by
change in scope of the project, increased costs or other conditions, the ENGINEER
shall immediately report such fact to the City and, if so instructed by the City, shall
suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior to
such increase will be allowable to the same extent as if such costs had been incurred
after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 2 of 4 W J Boaz Road West Half CPN 103299
B-2
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount
Prime Consultant
Graham Associates, Inc.7Engineering Services 981085 100
Proposed MBE/SBE Sub-Consultants
Non-MBE/SBE Consultants
TOTAL $ 98,085 100%
Project Number& Name Total Fee MBE/SBE Fee MBE/SBE
CPN 103299—WJ Boaz Road $ 98,085 $ 0 0
City MBE/SBE Goal = 0 % Consultant Committed Goal = 0
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 3 of 4 W J Boaz Road West Half CPN 103299
B-3
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND
ATTACHMENT A
Design Services for
I W J BOAZ ROAD WEST HALF
City Project No. 103299
No changes to the standard agreement
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Attachment E
W J BOAZ ROAD WEST HALF
City Project No. 103299
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Graham Associates,Inc.
CONSULTING ENGINEERS&PLANNERS
600 SIX FLAGS DRIVE,SUITE 5W
ARLINGTON,TEXAS 76011 (817)64M535
TBPE FIRM:F-1191/TBPLS FIRM:10153HO c
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FORT WORT
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Project Location
W J Boaz Road „g s f
City Project No. 103299
Mapsco 32 U,V
ATTACHMENT T"
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
i. City shall be included as an additional insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the commercial
umbrella, if any. This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs afforded to
City. The Commercial General Liability insurance policy shall have no
exclusions or endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
arecovered bythe commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non-owned autos,when said vehicle is used in the course of Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non-owned autos is acceptable.
Insured waives all rights against City and its agents,officers,directors and
employees for recovery of damages to the extent these damages are
covered by the business auto liability or commercial umbrella liability
insurance obtained by Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21 W J Boaz Road West Half CPN 103299
c. Workers' Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against City and its agents,officers,directors and
employees for recovery of damages to the extent these damages are
covered by workers compensation and employer's liability or commercial
umbrella insurance obtained by Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims-made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services.Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self-funded or
CFW Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21 W J Boaz Road West Half CPN 103299
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10)days'notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VII or equivalent measure of financial strength
and solvency as determined by the City's Risk Management division.
g. Any deductible or self-insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first-dollar basis. City, at its sole
discretion,may consent to alternative coverage maintained through insurance
pools or risk retention groups.Dedicated financial resources or letters of credit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-
made basis, shall contain a retroactive date coincident with or prior to the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Requirements Page 3 of 3
Rev. 5.04.21 W J Boaz Road West Half CPN 103299
Prohibition on Boycotting Energy Companies
Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code
(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract
for goods or services that has a value of$100,000 or more, which will be paid wholly or partly from public
funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a
written verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms "boycott energy company" and
"company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code
(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2).To the extent that Chapter 2274 of the Government
Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's
signature provides written verification to the City that Contractor: (1)does not boycott energy companies;
and (2)will not boycott energy companies during the term of this Agreement.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code(as added by Acts 2021,87th Leg., R.S.,S.B. 19, § 1),the City is prohibited from entering
into a contract for goods or services that has a value of$100,000 or more which will be paid wholly or
partly from public funds of the City, with a company (with 10 or more full-time employees) unless the
contract contains a written verification from the company that it: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate during the term of the contract against a firearm entity or firearm trade association. The
terms"discriminate," "firearm entity"and"firearm trade association" have the meaning ascribed to those
terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, §
1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing
this Agreement, Contractor certifies that Contractor's signature provides written verification to the City
that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2)will not discriminate against a firearm entity or firearm
trade association during the term of this Agreement.
BY:
CONSULTANT
Kasper/Graham &Associates, Inc.
W. Jeff Williams
President and CEO
Date:10.13.21
Corporations Section ��E O Jose A. Esparza
P.O.Box 13697 �,�� �tt) Deputy Secretary of State
Austin,Texas 78711-3697 `X
Office of the Secretary of State
Certificate of Fact
The undersigned, as Deputy Secretary of State of Texas, does hereby certify that the document,
Articles of Incorporation for KASPER/GRAHAM & ASSOCIATES, INC. (file number 31079200), a
Domestic For-Profit Corporation, was filed in this office on August 08, 1972.
It is further certified that the entity status in Texas is in existence.
It is further certified that our records indicate JIM WAGNON as the designated registered agent for the
above named entity and the designated registered office for said entity is as follows:
600 SIX FLAGS DRIVE, SUITE 500
ARLINGTON, TX- 76011 USA
In testimony whereof, I have hereunto signed my name
officially and caused to be impressed hereon the Seal of
State at my office in Austin, Texas on October 13, 2021.
f
Jose A. Esparza
Deputy Secretary of State
Come visit us on the internet at https://www.sos.texas.gov/
Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services
Prepared by: SOS-WEB TID: 10268 Document: 1086119320003
10/13/21,3:30 PM BUSINESS ORGANIZATIONS INQUIRY-VIEW ENTITY
TEXAS SECRETARY of STATE
JOSE A. ESPARZA
BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY
Filing Number: 31079200 Entity Type: Domestic For-Profit Corporation
Original Date of Filing: August 8, 1972 Entity Status: In existence
Formation Date: N/A
Tax ID: 17514015662 FEIN:
Duration: Perpetual
Name: KASPER/GRAHAM &ASSOCIATES, INC.
Address: 600 SIX FLAGS DR STE 500
ARLINGTON, TX 76011 USA
ASSOCIATED
REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES
Name Address Inactive Date
Jim Wagnon 600 Six Flags Drive,Suite 500
Arlington,TX 76011 USA
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10/13/21,3:31 PM BUSINESS ORGANIZATIONS INQUIRY-VIEW ENTITY
TEXAS SECRETARY of STATE
JOSE A. ESPARZA
BUSINESS ORGANIZATIONS INQUIRY.-VIEW ENTITY
Filing Number: 31079200 Entity Type: Domestic For-Profit Corporation
Original Date of Filing: August 8, 1972 Entity Status: In existence
Formation Date: N/A
Tax ID: 17514015662 FEIN:
Duration: Perpetual
Name: KASPER/GRAHAM &ASSOCIATES, INC.
Address: 600 SIX FLAGS DR STE 500
ARLINGTON, TX 76011 USA
ASSOCIATED
REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES
Name
Assumed Name Date of Filing Expiration Date Inactive Date Status Counties
GRAHAM ASSSOCIATES, INC. March 3, 1978 March 3, 1988 March 3, 1988 Expired All Counties
GRAHAM ASSOCIATES,INC. November 1, 1988 November 1, 1998 November 1, 1998 Expired All Counties
Graham Associates, Inc. May 9,2003 May 9,2013 May 9,2013 Expired DALLAS,,
Graham Associates, Inc. January 22,2019 January 22,2029 Active All Counties
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Instructions:
0 To place an order for additional information about a filing press the'Order' button.
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