HomeMy WebLinkAboutContract 42888ClITY gECRETARY
CITY OF FORT WORTH, TEXAS CONTRACT NO' d 8� a
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY "), and
Teague Nall & Perkins, Inc., (the "ENGINEER "), for a PROJECT generally described as:
ARRA Riverside Signal Timing Project Phase 2 — Sylvania Avenue.
Article I
Scope of Services
A. Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
7 days' written notice to CITY, suspend services under_ this AGREEMENT until
City of Fort Worth Texas
Standard Agreement for Engineering Related Design Services OFFICIAL �{E�sO®
PMO Official Release Date 9 22 2010
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j CITY SECRETARY
FT. WORTH, TX
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and /or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Worth Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 9 22 2010
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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 the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on -site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT. If
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
(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
City of Fort Worth Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 9 22 2010
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(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work,
materials, or equipment has passed to the CITY free and clear of liens, claims,
security interests, or encumbrances; or that there are not other matters at issue
between the CITY and the construction contractor that affect the amount that
should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that are incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, as amended, the City
has goals for the participation of minority business enterprises and woman
business enterprises in City contracts. Engineer acknowledges the M/WBE
goal established for this contract and its accepted written commitment to
M/WBE participation. Any misrepresentation of facts (other than a negligent
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PMO Official Release Date 9 22 2010
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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 photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an insured 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
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Standard Agreement for Engineering Related Design Services
PMO Official Release Date 9 22 2010
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insurance or self- insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises /operations, products /completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. 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 the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
ENGINEER waives all rights against the 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 ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary, commercial umbrella
liability insurance with a limit of not less than $100,000.00 each accident for
bodily injury by accident or $100,000.00 each employee for bodily injury by
disease, with $500,000.00 policy limit.
ENGINEER waives all rights against the 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
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional liability, a
claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of the
contract or the first date of services to be performed, whichever is earlier.
Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
City of Fort Worth Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 9 22 2010
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(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non - payment of premium. Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first - dollar basis. The CITY, at it
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 the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
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 the contractual agreement. The certificate of insurance shall
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PMO Official Release Date 9 22 2010
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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. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to /of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When sub
consultants /subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the 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
City of Fort Worth Texas
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PMO Official Release Date 9 22 2010
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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
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
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.
City of Fort Worth Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 9 22 2010
Page 9 of 15
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.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER's negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the ENGINEER
for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by the
ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
City of Fort Worth Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 9 22 2010
Page 10 of 15
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
CITY's Insurance
(1) The CITY may maintain property insurance on certain pre- existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
City of Fort Worth Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 9 22 2010
Page 11 of 15
service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of the
CITY of any such instruments of service without the written permission of the
ENGINEER will be at the CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out -of- pocket expenses for purchasing electronic data files and other
data storage supplies or services;
C.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time 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 termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, 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.
City of Fort Worth Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 9 22 2010
Page 12 of 15
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
1. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. 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.
K. 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
City of Fort Worth Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 9 22 2010
Page 13 of 15
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.
City of Fort Worth Texas
Standard Agieerrneit to) Engineernig Related Desigii Services
PMO Official Release Date 9 22 2010
Page 14 of 15
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B — Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the 13V," day of re-ko• , 20ia.
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City Secretary
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City of Fort Worth Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 9 22 2010
Page 15 of 15
CITY OF FORT WORTH
4 y
0 By:
xd Fernando Costa
.Ic d Assistant City Manager
APPROVAL RECOMMENDED
By. W ( J
Dou . Wiersig, P.E.
Director, Transportation (Public Works
Teague Nall and Perkins, Inc.
Qe
Robert W. JenklmJs P. E.
Traffic Engineering Manager
OFFICIAL RECORD 1
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT "A"
Scope for Engineering Services for
ARRA Riverside Signal Timing Project
Phase 2 — Sylvania Avenue
OBJECTIVE
The objective of this project includes:
• Providing professional services to support development and implementation
of timing plan improvements at the following Sylvania Avenue intersections:
1. 4th Street
2. SH 121 South Frontage Road
3. SH 121 North Frontage Road
4. Belknap
5. Race
6. Yucca
WORK TO BE PERFORMED
Task 1. Project Management
Task 2. Data Collection
Task 3. Traffic Signal Warrants (for intersections 1, 2, 3, and 4)
Task 4. Signal Timing
Task 5. Corridor Technical Memorandum
TASK 1. PROJECT 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.
Managing the Team:
• Lead, manage and direct study team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
aT "AC,`!MENT G SLANDARD AC,RFEMENT P %iR ENGINEERING RELATED SIGNAL TIMING SER,tt FS ARE'✓ ' 31 12)
Page 1 m 5
Communications and Reporting
• For Tasks 2 through 6, the ENGINEER will attend a kickoff and chartering
meeting with CITY staff to confirm and clarify scope, understand CITY
objectives, and ensure economical and functional support activities that meet
CITY requirements
• Conduct and document weekly team meetings
• Prepare invoices and submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the
respective CITY Department.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report
Form at the end of the project
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
1. Length of project — 5 weeks
2. 5 weekly team meetings (1 hour each)
DELIVERABLES
A. Meeting summaries with action items shall be prepared for all meetings
with CITY staff
B. Monthly invoices
C. Monthly progress reports
D. Monthly MM/BE Report Form and Final Summary Payment Report Form
TASK 2. TRAFFIC DATA COLLECTION
The following traffic data will be collected:
• City's Synchro timing data files for each time -of -day plan
• 24 hour approach counts
• Peak turning movement counts (2 hrs. /4 time periods for intersections 1,2,3,
and 4)
ATTACHMENT °A TO STANDARD AGREEMENT FOR ENGINEERING RELATED TIMING SERVICES (REV 1/31/12)
PAGE 2 OF 5
• Before travel time runs (4 travel time runs, each direction for 3 time periods)
• Video tape of each travel time run from the driver's perspective
• Intersection geometrics to include # of approach lanes, lane use, pedestrian
crossing distance, intersection widths
• Existing signal infrastructure: pedestrian heads /pushbuttons, signal head
configuration, detector locations
• After travel time runs (4 travel time runs, each direction for 3 time periods)
• Crash history for each intersection (last three years from City)
• Corridor info: posted speed limits, school zones /times, observed impediments
to traffic flow
ASSUMPTIONS
1. Traffic data will be collectively documented in Appendix of Corridor
Technical Memorandum.
DELIVERABLES
A. See Assumption 1.
TASK 3. TRAFFIC SIGNAL WARRANTS (for intersections 1, 2, 3, and 4)
The ENGINEER will utilize turning movement count data collected in Task 2 to
perform a quick traffic signal warrant analysis for each project intersection. The
quick warrant analyses will consist of looking at the peak hour, four -hour, and eight -
hour traffic signal warrants using Synchro 8 Warrants software. The results will be
reported in a combined summary spreadsheet tabulation of Warrant Analyses.
TASK 4. SIGNAL TIMING
Conduct Baseline Analysis
The baseline analysis will serve to identify key issues related to traffic operations
along the corridor. Analysis of the current conditions will be undertaken using
SYNCHRO software. The following tasks will be accomplished as part of the
baseline analysis.
• Conduct Field Assessment — The ENGINEER will conduct a thorough field
evaluation of the corridor. The evaluation will include a review and verification
of the existing timing plans, observation of the existing traffic operations, and
the potential impact of major driveways on corridor operations.
ATTACHMENT A TO STANDARD AGREEMENT FOR FNGINFFRING RFI ATFD TIMING SFRd,t;ES (REV 1 31 12)
PAGE 3 OF 9
• Review and Smooth Data - The ENGINEER will review all data collected for
quality assurance and consistency with field observations. Adjustments will be
made to the collected data to eliminate any inconsistencies or errors. Where
appropriate, count data will be smoothed to take into account observed
conditions in the field.
• Develop Baseline SYNCHRO Model — the ENGINEER will build a SYNCHRO
network for the corridor utilizing traffic counts, signal timing and phasing plans
and geometrics collected previously. The ENGINEER will include pedestrian
data as required to accurately reflect traffic conditions along the corridor.
• Calibrate SYNCHRO Model — The ENGINEER will evaluate baseline
conditions and calibrate the SYNCHRO Model to insure consistency between
the output for measures of effectiveness and data collected.
Conduct After Conditions Analysis
• The ENGINEER will conduct an analysis of the "after" conditions to assess the
benefits of the implemented improvements.
• The ENGINEER will use the floating car technique to record "after" travel time
runs as described in Task 2.
• The ENGINEER will review video -taped travel time runs to observe changes in
traffic flow from the driver's perspective.
• The ENGINEER will confirm a data collection plan similar to the travel time
data collected for the Baseline Analysis that will be used to assess the "After"
operational conditions. As a minimum the subsequent data collection plan will
include the following:
• Travel Time Runs
• Final Timing Plan information
ASSUMPTIONS
1. One Corridor Technical Memorandum will be produced for combined
operations along Sylvania Avenue, Riverside Drive, and Beach Street.
2. The ENGINEER will review the extended 24 hour counts to determine the
number of timing plans required.
3. For preparation of timing plans, the ENGINEER will meet with the CITY to
review results of the data collection, field observation efforts, baseline
conditions and preliminary timing plans.
ATTACHMENT A TO STANDARD AGREEMENT FOR ENGINEERING RELATED TIMING SERVICES (REV 1 31 12!
PAGE 4 OF 5
DELIVERABLES
A. Final timing plan sheets
B. Final SYNCHRO models
TASK 5. CORRIDOR TECHNICAL MEMORANDUM
The ENGINEER will prepare the Sylvania Avenue section of the Corridor Technical
Memorandum. It will potentially include additions to the task overview;
documentation of final timing plans; "Before" and "After" analysis based on travel
time comparisons of before and after conditions; and traffic data.
ASSUMPTIONS
1. A project meeting will be held with City staff to discuss the preliminary
Technical Memorandum section.
DELIVERABLES
A. Preliminary Technical Memorandum section (3 paper copies).
B. Final Technical Memorandum section (3 paper copies and 1 pdf on CD).
ADDITIONAL SERVICES
Any services not specifically provided for in the above scope will be
considered additional services and can be performed on an hourly basis.
ATTACHMENT A T�� TANDARDAGREE MEN TFURENGINEERINGRELATFOTIMINGSER1v'CFS;RFV13112)
PAGE 5 OF 5
ATTACHMENT "B"
COMPENSATION
Engineering Services for
ARRA Riverside Signal Timing Project
Phase 2 — Sylvania Avenue
City Project No. 01431
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $37,140 as
summarized in Exhibit B -1 — Engineer Invoice and Section IV — Summary
of Total Project Fees. The total lump sum fee shall be considered full
compensation for the services described in Attachment A, including all
labor materials, supplies, and equipment necessary to deliver the
services.
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.
m
ATTACHMENT "B"
COMPENSATION
IV. Summary of Total Project Fees
Firm
Primary Responsibility
Fee Amount
%
Prime Consultant
$37,140
$8,159
Teague Nall &
Project Management, Signal
$25,981
j 70.0%
Perkins, Inc.
Warrant Analysis, Synchro
Modeling and, Corridor
Technical Memorandum to
include before and after
analysis based on travel time
runs and compiled traffic data
Proposed DBE Sub - Consultants
Ragsdale Consulting
Field data gathering to include
$3,240
8.7%
intersection geometrics like # of
approach lanes and use,
pedestrian crossing distance,
intersection widths; existing
signal infrastructure —
pushbuttons, signal head
configuration, detector
locations; Corridor info — posted
speed limits, school
zones /times, and observed
impediments.
GRAM Traffic North
Traffic Data Collection to
$4,919
13.2%
Texas, Inc.
include 24 hour approach
accounts, TMCs at intersections
1,2,3 &4, Before travel time
runs, video of travel time runs,
After travel time runs
Non -DBE Consultants
Dunaway Associates
QA /QC for Synchro modeling
$3,000
8.1%
and Travel Time analysis
TOTAL
37,140:
100%
Project Number & Name
Total Fee
DBE Fee
DBE %
ARRA Riverside Signal Timing Project
Phase 2 — Sylvania Avenue
$37,140
$8,159
22.0%
City M/WBE Goal = 5% Consultant Committed Goal = >5 %
B -2
EXHIBIT "B -1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
Professional Services
Project:
City Project Mgr:
City Project #:
City Dept/Division:
City Fund /Center:
City Sec Number:
City Purchase Order:
Company Name:
Invoice
ARRA Riverside Signal Timir
Homero Beltran
01431
TPW/Traffic Services
GR74 020437425010
� ti '
.
1. Project Management
Teague Nall & Perkins, Inc.
Consultant's PM: Robert Jenkins
Vendor Invoice #:
From Date:
To Date:
Ph 2 - Svlvania A
Remit Address: 1100 Macon Street
Fort Worth, TX 76102 -4531
E -Mall: rlenkinsCa�tnp online.com
Office Address: 1100 Macon St., Fort Worth, TX 76102
Telephone: 817-665-7160
Fax: 817- 336 -2813
Description of Work Performed During Reporting Period:
Completed "Consultant Project Schedule Report" and "Critical Path Schedule" must be submitted with invoice before invoice can be
approved for payment.
Project Task(s)
Agreement
Amount
Amendment
Amount
Agreement
Amount to
Date
Previously
Invoiced
Current
Invoice
Remaining
Budget
Percent
Complete
1. Project Management
$7,800.00
$0.00
$7,800.00
$7,800.00
0.0%
2. Data Collection
$8,159.00
$0.00
$8,159.00
$8,159.00
0.0%
3. Traffic Signal Warrants (4)
$2,000.00
$0.00
$2,000.00
$2,000.00
0.0%
4. Signal Timing (Baseline er
Analyses)
$10,281.00
$0.00
$10,281.00
$10,281.00
0.0%
5. Corridor Technical Memorandum
$8,700.00
$0.00
$8,700.00
$8,700.00
0.0%
Ex enses
$200.001
$0.001
$200.001
1
$200.001
0.0%
$37,140.00
Totals this Payment Request: $37,140.00 $0.00 $0.00 $37,140.00 0.0%
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
ARRA Riverside Signal Timing Project Phase 2 Sylvania Avenue
City Project No. 01431
Page 7 of 15,
Paragraph e, first sentence changed to read:
A minimum of thirty (30) days' notice of cancellation in coverage shall be provided
to the CITY.
Page 13 of 15,
Paragraph F. Indemnification, changed to read:
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify and hold harmless the City against liability for any
damage caused by or resulting from an act of negligence, intentional tort,
intellectual property infringement, or failure to pay a subcontractor or supplier
committed by the ENGINEER or ENGINEER's agent, consultant under contract, or
another entity over which the ENGINEER exercises control.
Paragraph H. Interpretation, first sentence changed to read:
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability and negligence for indemnification.
Page 14 of 15,
Paragraph K. Observe and Comply, last sentence changed to read:
ENGINEER agrees to 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.
City of Fort Worth. Texas
Attachment C
PMO Release Date 05 19 2010
Page I of I
Consulting Contract Schedule Specifications
City of Fort Worth Capital Improvement Program
FORT WORTU
Attachment D - Project Schedule
This PROTECT requires a Tier << >> schedule as defined herein and in the City's Schedule
Guidance Document.
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described in this
specification, showing by Critical Path Method (CPM) the planned sequence and timing of
the Work associated with the Agreement. All submittals shall be submitted in PDF format,
and schedule files shall also be submitted in native file format (i.e. file formats associated
with the scheduling software). The approved scheduling software systems for creating the
schedule files are:
- Primavera (Version 6.1 or later or approved by CITY)
- Primavera Contractor (Version 6.1 or later or approved by CITY)
- Microsoft Project (Version 2003/2007 or later or approved by CITY) (PI IASING ( ) Uf
D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to- proceed, the
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT's understanding of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments, if
any, and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to in preparing the baseline schedule, and as
described in further detail in the CITY's Schedule Guidance Document.
a. The scope shall be subdivided by work breakdown structure (WBS) representing the
tasks, subtasks, and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities, key :milestones, and
dependencies/ relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points, including third party utility dependencies and reviewing agencies.
D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses,
the CONSULTANT shall enter into the schedule and record actual progress as described in
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also include a concise schedule narrative that
highlights the following, if appropriate and applicable:
• Changes in the critical path,
• Expected schedule changes,
• Potential delays,
• Opportunities to expedite the schedule,
• Coordination issues the CITY should be aware of or can assist with,
Cdy of Foil Worth Texas
Attachment D
PMO Release Date 02 15 2011
Page 1 of 2
• Other schedule - related issues that the CONSULTANT wishes to communicate to the
CITY.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS•
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CITY's current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D. CONSULTANT's monthly invoices will not be accepted and
processed for payment without monthly schedule updates that are submitted in the time
and manner required by Attachment D and the CITY's current Schedule Guidance
Document.
City of r (Di t worm Texas
Attachment D
PMO Release Date 02 15 2011
Page 2 of 2
Attachment E
Project Location
Project Location
City Project No. 01431
ARRA Riverside Signal
Timing Project
Phase 2 - Sylvania Avenue
Fo R T�WoaT_H
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End Project I
E 4TH ST
A'I;TACI(MENT F
American Recovery & Reinvestment Act — tiubrecipient's Contractor Affidavit
This ; I fftdavit must he signed and shorn (notarized)
I, Robert W. Jenkins an authorized representative of Teague Nall and Perkins,Tn A
[person, sole proprietorship, partnership, corporation, limited liability company, nonprofit organization,
governmental entity, political subdivision, or other entity] (circle one) that is receiving ARRA funding, hereby
swear and affrrin that, to the best of my knowledge, internal controls, processes and procedures have been designed
and implemented to help ensure that the Subrecipient Subcontractor and its use of these funds complies with the
following: applicable state law; federal law, including federal reporting requirements under Section 1512 of the Act,
if applicable; rules; regulations; and other relevant guidance. I further swear and affirm that all of the statements
made and information provided herein, including statements made and information provided in any exhibits are true,
complete, and correct, to the best of my knowledge.
I understand that l am receiving ARRA funding from a governmental entity [city or county] through CPA, a Texas
state agency. I understand that non - compliance with reporting requirements could be treated as a violation of the
award agreement resulting in the withholding of funds, debarment, or award termination or suspension, as
appropriate.
I understand that it is a federal crime under IS U.S.C. Section 1001 to, in any matter within the jurisdiction of the
executive branch of the U.S. Government, knowingly and willfully make any materially false, fictitious, or
fraudulent statement or representation, or to make or use any false writing or document knowing that it contains the
same.
1 understand that presenting a false or fraudulent claim, in whole or in part, or causing same, may subject me to civil
penalties as provided for in 31 U.S.C. Section 3729.
I understand that it is a felony offense under Section 37.10, Texas Penal Code, to knowingly make a false entry in,
or false alteration of, a governmental record, or to make, present, or use a governmental record with knowledge of
its falsity, when the actor has the intent to harm or defraud another. I understand that the offense of perjury, under
Section 37.02, Texas Penal Code, is committed when a person, with intent to deceive and with knowledge of the
statement's meaning, makes a false statement under oath or swears to the truth of a false statement previously made
and the statement is required or authorized by law to be made under oath.
I understand my obligation to track all ARRA funds and that ARRA funds cannot be comingled with Non -ARRA
funds. I also understand my obligation to immediately report any known or suspected waste, fraud, and abuse of
funds received under the Act to the United States Government Accountability Office at (800) 424 -5454 and the
Texas State Auditor's Office at (800) 892 -8348. l further understand that I will require all subcontractors with whom
I contract using funds made available under the Act to sign a similar affidavit swearing to all of the above. I hereby
swear and affirm that I have read the entire affidavit, and I understand its contents.
gue Nall and Perkins, Inc.
I ipie
natontractor)
%Jen nt Sig
Robert W. ns
Full Name
Traffic Engineering Mng.
Title
2 -3 -12
Date
S nd subskrib 4 of rie by t e aid
rinte (TName of Recipient's Authorized Representative)
this 5 day of
, 20.
Notary Public, State of Tex/
Lt i JC
/
` I V�
Votary's printed name: UV L
-�u�
My commission expires: CZ, i
(Seal)
ATTACHMENT G
DOE F 1600.5 — modified by City of Port North OMB Control No.
(06 -94) 1910 -0400
All Other Editions Are Obsolete
U.S. DEPARTMENT OF ENERGY
Assurance of Compliance
Nondiscrimination in State Assisted Programs
OMB Burden Disclosure Statement
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to Office of Information Resources Management Policy, Plans, and Oversight,
Records Management Division, HR- 422 -GTN, Paperwork Reduction Project (1910 - 0400), U.S. Department of Energy, 1000
Independence Avenue, S.W., Washington, DC 20585; and to the Office of Management and Budget (OMB), Paperwork Reduction
Project (1910- 0400), Washington, DC 20503.
_City of Fort Worth= (Hereinafter called the "Applicant ") HEREBY AGREES to comply with Title VI of the Civil
Rights Act of 1964 (Pub. L. 88 -352), Section 16 of the Federal Energy Administration Act of 1974 (Pub. L. 93-
275), Section 401 of the Energy Reorganization Act of 1974 (Pub. L. 93 -438), Title IX of the Education
Amendments of 1972, as amended (Pub. L. 92 -318, Pub. L. 93 -568, and Pub. L. 94 -482), Section 504 of the
Rehabilitation Act of 1973 (Pub. L. 93 -112), the Age Discrimination Act of 1977 (Pub. L. 94 -135), Title VIII of the
Civil Rights Act of 1968 (Pub. L. 90 -284), the Department of Energy Organization Act of 1977 (Pub. L. 95 -91), the
Energy Conservation and Production Act of 1976, as amended, (Pub. L. 94 -385) and Title 10 Code of Federal
Regulations, Part 1040. In accordance with the above laws and regulations issued pursuant thereto, the Applicant
agrees to assure that no person in the United States shall, on the ground of race, color, national origin, sex, age, or
disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity in which the Applicant receives Federal assistance from the Department of Energy.
Applicability and Period of Obligation
In the case of any service, financial aid, covered employment, equipment, property, or structure provided, leased, or
improved with Federal assistance funding extended to the Applicant by the Department of Energy, this assurance
obligates the Applicant for the period during which the Federal assistance is extended. In the case of any transfer of
such service, financial aid, equipment, property, or structure, this assurance obligates the transferee for the period
during which Federal assistance is extended. If any personal property is so provided, this assurance obligates the
Applicant for the period during which it retains ownership or possession of the property. In all other cases, this
assurance obligates the Applicant for the period during which the Federal assistance is extended to the Applicant by
the Department of Energy.
Employment Practices
Where a primary objective of the Federal assistance is to provide employment or where the Applicant's employment
practices affect the delivery of services in programs or activities resulting from Federal assistance extended by the
Department of Energy, the Applicant agrees not to discriminate on the ground of race, color, national origin, sex,
and disability, in its employment practices. Such employment practices may include, but are not limited to,
recruitment, advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and
participation in upward mobility programs, or other forms of compensation and use of facilities.
Subrecipient Assurance
The Applicant shall require any individual, organization, or other entity with which it subcontracts, subgrants, or
subleases for the purpose of providing any service, financial aid, equipment, property, or structure to comply with
laws cited above. To this end, the subrecipient shall be required to sign a written assurance form; however, the
obligation of both recipient and subrecipient to ensure compliance is not relieved by the collection or submission of
written assurance forms.
Data Collection and Access to Records
The Applicant agrees to compile and maintain information pertaining to programs or activities developed as a result
of the Applicant's receipt of Federal assistance from the Department of Energy. Such information shall include, but
is not limited to the following: (1) the manner in which services are or will be provided and related data necessary
for determining whether any persons are or will be denied such services on the basis of prohibited discrimination;
(2) the population eligible to be serviced by race. color, national origin, sex, and disability; (3) data regarding
covered employment, including use or planned use of bilingual public contact employees serving beneficiaries of
the program where necessary to pennit effective participation by beneficiaries unable to speak or understand
F,nglish; (4) the location of existing or proposed facilities connected with the program and related information
adequate for determining whether the location has or will have the effect of unnecessarily denying access to any
person on the basis of prohibited discrimination; (5) the present or proposed membership by race, color, national
origin, sex, and disability, in any planning or advisory body which is an integral part of the program; and (6) any
additional written data determined by the Department of Energy to be relevant to the obligation to assure
compliance by recipients with laws cited in the first paragraph of this assurance.
The Applicant agrees to submit requested data to the Department of Energy regarding programs and activities
developed by the Applicant from the use of Federal funds extended by the Department of Energy. Facilities of the
Applicant (including the physical plants, buildings, or other structures) and all records, books, accounts, and other
sources of information pertinent to the Applicant's compliance with the civil rights laws shall be made available for
inspection during normal business hours of request of an officer or employee of the Department of Energy
specifically authorized to make such inspections. Instructions in this regard will be provided by the Director, Office
of Civil Rights, U. S. Department of Energy.
This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans,
contracts (excluding procurement contracts), property, discounts or other Federal assistance extended after the date
hereto, to the Applicants by the Department of Energy, including installment payments on account after such date
of application for Federal assistance which are approved before such date. The Applicant recognizes and agrees
that such Federal assistance will be extended in reliance upon the representations and agreements made in this
assurance and that the United State shall have the right to seek judicial enforcement of this assurance. This
assurance is binding on the Applicant, its successors, transferees, and assignees, as well as the person(s) whose
signature appears below and who is authorized to sign this assurance on behalf of the Applicant.
Applicant Certification
The Applicant certifies that it has complied, or that, within 90 days of the date of the grant, it will comply with all
applicable requirements of 10 C.F.R. § 1040.5 (a copy will be furnished to the Applicant upon written request to
DOE.)
Designated Applicant Responsible Employee
Name and Title (Printed or Typed)
Signature
Subrecipient /Consultant
Telephone Number
Date
Teague Nall and Perkins, Inc. 817 - 336 -5773
Name of Organization Telephone Number
1100 Macon Street Fort Worth, Texas 76102
Address
Robert W. Jenkins, Traffic Engineering Mgr.
Authorized Official Name and Title (Printed or Typed)
Sig ature
817 - 665 -7160
Telephone Number
Zf3 /12
r
Date