HomeMy WebLinkAboutContract 55088 CSC No.55088
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 Teague, Nall & Perkins, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT
generally described as: FY 2021 Miscellaneous Traffic Engineering Services.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article 11
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in the amount up to $85,000 as set forth in
Attachment B.
B. 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, whichever
occurs first.
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.
OFFICIAL RECORD
City of Fort Worth,Texas
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(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 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 ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and 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
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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.
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
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(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 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 is incorporated into the record drawings.
1. Minority Business and Small Business Enterprise (MBE)(SBE) Participation
In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of
the City's Code of Ordinances a/k/a Ordinance No. 20020-12-2011, as amended), the
City has goals for the participation of minority business enterprises and/or small business
enterprises in City contracts. The goal for this Agreement is 15% SBE. Engineer
acknowledges the MBE and SBE goals established for this contract and its accepted
written commitment to MBE and SBE participation. Any misrepresentation of facts(other
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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.
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(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 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 the CITY. The Commercial
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General Liability insurance policy shall have no exclusions or endorsements
that would alter or nullify: premisesloperations, productslcompleted
operations, contractual, personal injury, or advertising injury, which are
normally contained within the policy, unless the CITY specifically 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.
i. 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.
i. 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 — 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.
(2) GENERAL INSURANCE REQUIREMENTS
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a. Certificates of insurance evidencing that the ENGINEER has obtained all required
insurance shall be attached to this AGREEMENT prior to its execution.
b. Applicable policies shall be endorsed to name the CITY an Additional Insured
thereon, subject to any defense provided by the policy, 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 attach the required insurance documentation hereto
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.
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 the
contractual 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
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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. 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
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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.
E. Prompt Notice
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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 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
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has to bring a claim against ENGINEER.
1. CITY's Insurance
(1) The CITY may maintain property insurance on certain preexisting structures associated
with the PROJECT.
(2) The CITY may secure Builders Risk/installation insurance 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 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
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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
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.) 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.
F. Indemnification
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In accordance with Texas Local Government Code Section 271.904, 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.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
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., VID., VI.F., VI.H., and Vl.l. 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. Immigration Nationality Act
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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.
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 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 - Project Schedule
Attachment D - Location Map
Duly executed by each party's designated representative to be effective on the date subscribed by the
City's designated Assistant City Manager.
City of Fort Worth,Texas
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BY: BY:
CITY OF FORT WORTH ENGINEER
Teague, Nall & Perkins, Inc.
Dana BurghdoAc
Dana Burghdoff(15ec 23,202015:26 CST)
Dana Burghdoff Chri opher M. Hartke
Assistant City Manager Director of Engineering Services
Date: 12/23/2020
Date: ) 111 �-
APPROVAL RECOMMENDED:
By.WilliamJohnso (Dec23,202012:34CST)
William Johnson
Direction of Transportation and 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.
Yang Jin, P.E., PTOE
Engineering Manager
APPROVED AS TO FORM AND LEGALITY
By:DBlackk((Decl23,20201�5:00 CST)
Douglas W. Black
Assistant City Attorney
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ATTEST: apF four a
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M&C Date:
OFFICIAL RECORD
City of Fort Worth,'texas
Standard Agreement for Engineering Related Design Services CITY SECRETARY
Revised Date:11.17.17
Page 15 of 20
FT. WORTH, TX
ATTACHMENT "A"
SCOPE OF SERVICES
Scope for FY 2021 Miscellaneous Traffic En-gineering Services
This agreement is valid until September 30, 2022. Individual Scope of Services will be submitted for
each task order. 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.
OBJECTIVE
The objective of this project is to assist the CITY with miscellaneous traffic engineering tasks.
WORK TO BE PERFORMED*
1. Traffic Signal Design
a. Design Management
b. Preliminary Design
c. Prefnal Design
d. Final Construction Documents
e. TDI_R Review and Coordination
2. Design Survey
a. Topographic Survey
b. Subsurface Utility Engineering Services
c. ROW/Easement Services
3. Other traffic engineering related tasks as requested by the City
*Work to be performed will be further detailed in Task Order authorization documents.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:11.17.17
Page 16 of 20
ATTACHMENT "B"
COMPENSATION
The maximum fee that shall be paid to the consultant under this contract is up to $85,000.00.
ENGINEER shall be compensated on a Fixed Fee or Time and Materials basis in accordance with
following rates.
Teague Nall and Perkins,Inc.
Engineering/Landscape Architecture/ROW Hourly Billing Rate
Principal or Director $250
Team Leader $230
Senior Project Manager $220
Project Manager $175
Senior Engineer $230
Project Engineer $160
Engineer III/IV $135
Engineer 1/II $125
Landscape Architect/Planner $160
Landscape Designer $120
Senior Designer $140
Designer $130
Senior CAD Technician $125
CAD Technician $110
IT Technician $170
Clerical $80
ROW Manager $190
Senior ROW Agent $160
ROW Agent $125
Relocation Agent $160
ROW Admin $70
Intern $70
Surveying Hourly Billing Rate
Survey Manager $230
Registered Professional Land Surveyor(RPLS) $195
Field Coordinator $140
S.I.T.or Senior Survey Technician $140
Survey Technician $110
1-Person Field Crew w/Equipment** $145
2-Person Field Crew w/Equipment** $175
3-Person Field Crew w/Equipment** $200
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:11.17.17
Page 17 of 20
4-Person Field Crew w/Equipment** $220
Flagger $50
Abstractor(Property Deed Research) $90
Small Unmanned Aerial Systems(sUAS) Equipment&Crew $400
Terrestrial Scanning Equipment&Crew $250
Utility Management,Utility Coordination,and SUE Hourly Billing bate
Senior Utility Coordinator $165
Utility Coordinator $150
SUE Project Manager $190
SUE Engineer $170
Field Coordinator $140
Sr. Utility Location Specialist $140
Utility Location Specialist $90
1-Person Designator Crew w/Equipment*** $145
2-Person Designator Crew w/Equipment*** $170
2-Person Vac Excavator Crew w/Equip(Exposing Utility Only) $275 (4 hr. min.)
Core Drill(equipment only) $750 per day
SUE QL-A Test Hole(0<4 ft) $1,250 each
SUE QL-A Test Hole(>4<6 ft) $1,500 each
SUE QL-A Test Hole(>6<8 ft) $1,750 each
SUE QL-A Test Hole(>8<10 ft) $2,000 each
SUE QL-A Test Hole(>10< 12 ft) $2,250 each
SUE QL-A Test Hole(>12<14 ft) $2,500 each
Direct Cost Reimbursables
A fee equal to 3%of labor billings shall be included on each monthly invoice for
prints, plots,
photocopies, plans or documents on CD, DVD or memory devices,and mileage.
No individual or
separate accounting of these items will be performed by TNP.
Any permit fees,filing fees,or other fees related to the project and paid on behalf
of the client
by TNP to other entities shall be invoiced at 1.10 times actual cost.
Notes.,
All subcontracted and outsourced services shall be billed at rates comparable
to TNP's billing rates above or cost times a multiplier of 1.10.
Rates shown are for 2019 and 2020 and are subject to change in
subsequent years.
— Survey equipment may include truck, ATV, Robotic Total Station, GPS
Units and Digital Level.
""' Includes crew labor, vehicle costs,and field supplies.
City of Fort worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:11.17.17
Page 18 of 20
ATTACHMENT "C"
PROJECT SCHEDULE
This agreement is valid until September 30, 2022. Individual schedules will be submitted for each
task order. Project schedule for the traffic signal improvements for White Settlement Road at
Carrol Street are shown below.
White Settlement at Carrol Traffic Signal Improvements
Project Schedule
D Task Flame Duration Start Punish U6r 1,2021 Oir2,2021
- -- ----.------.-- _- ------
. -----------___._ ._ Uec__Jain.--LFe6J Tdfar _Apr_�May.
t Notice to Proceed 1 day Mon 12/21/20 Mon 12/21/20 !
-----------
2 I Preliminary design 10 days Tue 12/22/20 Mon 1/4/21
3 Submit Preliminary Design 1 day Tue 1/5/21 Tue 1/5/21
4 City Review and Comments 10 days Wed 1/6/21 Tue 1/19/21 1/19
S�Prefinal Design 15 days Wed 1 20 21 T'ue 2 921
� v I / ld
6__. Submit Prefinal Plans 1 day Wed 2/10/21 Wed 2110/21
.................
T City Review and Comments 10 days Thu 2/11/21 Wed 2/24/21
& TDLR Review 15 days Thu 2/11/21 Wed 3/3/21 _-
9 Comment Review Meeting 5 days Thu 2/25/21 Wert 3/3/21
10.. Final Design 15 days Thu 3/4/21 Wed 3/24/21
t t Submit Final Plans and Estimat 1 day Thu 3/25/21 Thu 3/25/21 3/25
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Dale:11.17.17
Page 19 of 20
ATTACHMENT "D"
Various locations as per task order.
Task order 1 location. White Settlement Road at Carrol Street.
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Project Location
White Settlement
N Road at Carrol
Street
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City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:11.17.17
Page 20 of 20
12/15/2020 Mnow
CITY OF FORT WORTH
CONTRACT COMPLIANCE MEMORANDUM
THIS FORM MUST BE ATTACHED TO THE ROUTING "M & C" BEFORE LAW
DEPARTMENT AND CITY MANAGER APPROVAL
To: Department Project Manager
From: Office of Business Equity
Date: December 15, 2020
In the Amount of: $85,000.00 TPW-202OTNP
DOE/Project No.
Project/Bid: Design Services for FY 2021 On-Call Traffic Engineering
Services
1. Compliance with the City's Business Diversity Enterprise (BDE) Ordinance has
been achieved by the following method:
TEAGUE NALL AND PERKINS, INC. is in compliance with the City's BDE
Ordinance by committing to 10% SBE participation on this project. The City's SBE
goal on this project is 10%.
Signature: c�
yang) ( ec 21,202010:52 CST)
Email: Yang.Jin@fortworthtexas.gov
https://fortworth.diversitycompliance.com/FrontPage/DiversityMain.asp?XI D=6864 1/1