HomeMy WebLinkAboutContract 59079CSC No. 59079
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 GEI Consultants, Inc., authorized to do business in Texas, ("ENGINEER"), for
a PROJECT generally described as: Alta Mesa Drive and Woodway Drive Intersection
Improvements — Project No. 103306.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. Negotiated changes to this
Agreement, if any, are included in Attachment C.
Article II
Compensation
The ENGINEER's compensation shall be in the amount up to three hundred twenty
-four thousand, five hundered twenty-nine dollars and no cents ($324,529.00) as set forth
in Attachment B. Payment shall be considered full compensation for all labor (including all
benefits, overhead and markups), materials, supplies, and equipment necessary to
complete the Services.
Engineer shall provide monthly invoices to City. The Engineer shall provide the City
sufficient documentation, including but not limited to meeting the requirements set forth in
Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services for which payment is made, including any act or omission of
City in connection with such Services.
Article III
Term
Time is of the essence. Unless otherwise terminated pursuant to Article VI. D.
herein, this Agreement shall be for a term beginning upon the effective date, as described
below, and shall continue until the expiration of the funds or completion of the subject
matter contemplated herein pursuant to the schedule, whichever occurs first. Unless
specifically otherwise amended, the original term shall not exceed five years from the
City of Fort Worth, Texas Altamesa at Woodway Intersection
Standard Agreement for Engineering Related Design Services Project No. 103306
Revised Date: November 23, 2021 Page 1 of 15 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
original effective date.
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
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Standard Agreement for Engineering Related Design Services Project No. 103306
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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 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.
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Standard Agreement for Engineering Related Design Services Project No. 103306
Revised Date: November 23, 2021
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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.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
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Standard Agreement for Engineering Related Design Services Project No. 103306
Revised Date: November 23, 2021
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I. Business Equity Participation
City has goals for the full and equitable participation of minority business
and/or women business enterprises in City contracts greater than
$100,000. In accordance with the City's Business Equity Ordinance No.
25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in
Chapter 20, Article X of the City's Code of Ordinances, as amended, and any
relevant policy or guidance documents), the City has goals for the full and
equitable participation of minority business and/or women business
enterprises in City contracts greater than $100,000. Engineer acknowledges
the MBE and WBE goals established for this contract and its execution of this
Agreement is Engineer's written commitment to meet the prescribed MBE and
WBE participation goals. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer
may result in the termination of this Agreement and debarment from
participating in City contracts for a period of time of not less than three (3)
years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
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effect as of the time copying is performed.
K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondeat superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
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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
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
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Standard Agreement for Engineering Related Design Services Project No. 103306
Revised Date: November 23, 2021
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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
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
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Standard Agreement for Engineering Related Design Services Project No. 103306
Revised Date: November 23, 2021
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I. 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.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
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Standard Agreement for Engineering Related Design Services Project No. 103306
Revised Date: November 23, 2021
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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.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all projected termination
expenses. The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
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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
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
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Standard Agreement for Engineering Related Design Services Project No. 103306
Revised Date: November 23, 2021
Page 11 of 15
The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY's or ENGINEER's respective right to
insist upon appropriate performance or to assert any such right on any
future occasion.
L. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time -employees and the contract value is $100,000 or more, the
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 if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
City of Fort Worth, Texas Altamesa at Woodway Intersection
Standard Agreement for Engineering Related Design Services Project No. 103306
Revised Date: November 23, 2021
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ENGINEER acknowledges that in accordance with Chapter 2274 of the
Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13,
§ 2), the CITY is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more, which will be paid wholly or
partly from public funds of the City, with a company (with 10 or more full-
time employees) unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code (as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing
this Agreement, ENGINEER certifies that ENGINEER's signature
provides written verification to the CITY that ENGINEER: (1) does not
boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement.
O. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code (as added by Acts 2021, 87th Leg.,
R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more which will be paid
wholly or partly from public funds of the City, with a company (with 10 or
more full-time employees) unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent
that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, ENGINEER certifies that
ENGINEER's signature provides written verification to the CITY that
ENGINEER: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association;
and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
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
City of Fort Worth, Texas Altamesa at Woodway Intersection
Standard Agreement for Engineering Related Design Services Project No. 103306
Revised Date: November 23, 2021
Page 13 of 15
same instrument.
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Attachment F — Insurance Requirements
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY:
CITY OF FORT WORTH
W
William Johnson (Ma 20, 202314:58 CDT)
William Johnson
Assistant City Manager
Date: Mar 20, 2023
ATTEST:
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Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
By: Lauren Prieur (Mar 14, 2023 13:48 CDT)
Lauren Prieur
Director, Transportation and Public
Works
BY:
ENGINEER
GEI Consultants, Inc.
i
Daph King(Mar 14, 2023 13:4T)
Daphne King, PE
Branch Manager
Date: Mar 14, 2023
APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-947974
By: DBlack (Mar20, 2023 12:20 CDT)
Douglas W Black
Sr. Assistant City Attorney
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: November 23, 2021
Page 14 of 15
M&C No.: 23-0026
M&C Date: January 10, 2023
Altamesa at Woodway Intersection
Project No. 103306
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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.
Bradley M Radovich PE
Senior Project Manager
City of Fort Worth, Texas Altamesa at Woodway Intersection
Standard Agreement for Engineering Related Design Services Project No. 103306
Revised Date: November 23, 2021
Page 15 of 15
ATTACHMENT "A"
Scope for Engineering Design Related Services for Alta Mesa Boulevard at Woodway Drive
Intersection Improvements — CN 103306
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 the Alta Mesa Boulevard at Woodway Drive Intersection Project (CN
103306) is to improve capacity of the intersection by reconstructing medians to allow
for overlapping NB and SIB left turn movements, improving traffic signal operations,
upgrading pedestrian ramps for accessible compliance, removing driveways, revising
signing, revising striping, and utility adjustments.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design
Task 3. Preliminary Design
Task 4. Final Design
Task 5. Construction Phase Services
Task 6. ROW/
Task 7. Survey and Subsurface Utility Engineering Services
Task 8. Permitting
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team
• Lead, manage and direct design team activities.
• Ensure quality control is practiced in performance of the work.
• Communicate internally among team members.
• Task and allocate team resources.
1.2. Communications and Reporting
• Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm
and clarify scope, understand CITY objectives, and ensure economical and
functional designs that meet CITY requirements.
• Conduct and document monthly project update virtual meetings with CITY
Project Manager.
City of Fort Worth, Texas
Attachment A
CPN 103306 - Altamesa and
Woodway Page 1 of 12
• Conduct review meetings with the CITY at the end of each design phase — 30%,
60%, and 90%. The 60% review meeting shall be held in the field, all others to
be held at Traffic Management.
• Conduct and document biweekly design team meetings.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement
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.
• Prepare and submit baseline Project Schedule initially, and Project Schedule
updates with a schedule narrative monthly, as required in Attachment D to this
Standard Agreement and according to the City of Fort Worth's Schedule
Guidance Document.
• Prepare and submit a preliminary Project Risk Register, preliminary Stakeholder
Register, and preliminary Project Communications Plan. CITY to modify and
finalize.
• Prepare monthly updates to the Total Project Budget Estimate (TPBE)
spreadsheet and the Project Risk Register.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report
Form at the end of the project.
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare
the design.
• Prepare for and attend up to two (2) PEER review meetings. The ENGINEER will
prepare the presentations, attend the meetings, and prepare meeting summaries.
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements
are appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to
meet their requirements, as part of the design scope.
ASSUMPTIONS
• One (1) pre -design project kickoff/chartering meeting.
• Ten (10) monthly project update virtual meetings with CITY Project Manager.
• Three (3) plan review meetings.
• Twenty (20) biweekly design team meetings.
• Project design phase is anticipated to take Ten (10) months.
• Prepare Ten (10) monthly updates of project status reports, MWBE forms, TPBE,
risk register, and project schedule.
City of Fort Worth, Texas
Attachment A
CPN 103306 - Altamesa and
Woodway Page 2 of 12
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes.
F. Monthly M/WBE Report Form and Final Summary Payment Report Form
G. Monthly TPBE spreadsheet updates
H. Monthly Project Risk Register updates
I. Preliminary Project Risk Register, Stakeholder Register, and Project
Communications Plan.
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop,
communicate through the defined deliverables, and recommend the design concept that
successfully addresses the design problem, and to obtain the CITY's endorsement of this
concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
• In addition to data obtained from the CITY, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the
project. ENGINEER will also identify and seek to obtain data for existing
conditions that may impact the project including; utilities, agencies (TxDOT and
railroads), City Master Plans, and property ownership as available from the Tax
Assessor's office.
• Collect new 24-hour turning movement counts at the one (1) project intersections.
2.2. The Conceptual Design Package shall include, but not be limited to, the following:
• Preliminary cover, index of sheets including project limits.
• Traffic Count Data: Microsoft Excel spreadsheet of Raw 24-hour Turning
Movement Count data gathered at 15 minute intervals at a minimum on all raw
data collected. Provide Daily Summaries by Approach and Peak -Period
Summaries by Approach. Spreadsheet shall be uploaded to the folder 'TPW
Traffic Count Data' (currently BIM 360).
City of Fort Worth, Texas
Attachment A
CPN 103306 - Altamesa and
Woodway Page 3 of 12
Traffic Engineering study to support the recommended design alternative. Study
will include a traffic analysis of the existing intersection using collected traffic
counts and document existing levels of service for AM and PM peak periods.
Analysis will utilize existing signal timing data obtained from CITY. ENGINEER
will analyze one (1) proposed intersection lane configurations using the existing
AM/PM volumes. A draft memo will be prepared and submitted for review. A
final memo incorporating minor editorial comments will be prepared and
signed/sealed by a licensed Texas PE.
• Conceptual plan sheets showing existing and proposed horizontal roadway
alignments, existing and proposed ROW, existing and proposed sidewalks,
existing and proposed curbs, existing and proposed medians, proposed lane
dimensions and lane arrows, existing drainage structures, and city owned and
franchise utilities.
• Traffic signal existing conditions and removals layout sheet.
• Traffic signal proposed conditions layout sheet showing the location of proposed
signal poles and mast arms, controller cabinet, and electrical service meter.
• Documentation of key design decisions.
• Opinion of probable construction cost (OPCC).
ASSUMPTIONS
• Three (3) sets of 11" x 17" size plans will be delivered for the 30% design.
• PDF files created from design CAD drawings will be uploaded to the designated
project folder in BIMS.
• ENGINEER shall not proceed with Preliminary Design activities without written
approval by the CITY of the Conceptual Design Package.
• Attend one (1) plan review meeting.
DELIVERABLES
A. Cover, General Notes, Index, Quantity summary table, Traffic signal conceptual
design plan, Existing and Proposed Typical Section, Conceptual Intersection
Plan/ Paving Layout
B. Traffic Count Data
C. Traffic Study Report
D. Opinion of probable construction cost (OPCC).
E. Meeting summary of plan review meeting.
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
City of Fort Worth, Texas
Attachment A
CPN 103306 - Altamesa and Woodway
Page 4 of 12
3.1. Development of Preliminary Design Drawings and Specifications shall include, but
not be limited to, the following:
• Cover Sheet
• Sheet Index
• Quantity Summary
• General Notes
• Traffic Signal Existing Conditions and Removals Sheet
• Traffic Signal Layout Sheet
• Traffic Signal Equipment Detail Sheets (1 sheet per corner,1" = 10' scale)
• Traffic Signal Summary Charts
• Paving Removal Sheet
• Paving Layout Sheet
• Paving Detail Sheets (1 sheet per corner, 1" = 10' scale)
• Pavement Markings Removal Sheet
• Pavement Markings Installation Sheet
• Signing Removal Sheet
• Signing Installation Sheet
• Traffic Control Plan for paving work including all construction signage and
pavement markings which will be in accordance with the latest edition of the Texas
Manual on Uniform Traffic Control Devices. Traffic control for signal equipment
installation will be covered by the CITY's standard details D660 and D661.
• Applicable CITY and/or TxDOT standard details, 1 per sheet.
• All design sheets shall include project control data. The following information
shall be indicated for each Control Point: Identified (existing City Monument
#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate
system, and a referred bearing base. Z coordinate on City Datum only; descriptive
location (i.e. set in the centerline of the inlet in the South curb line of North Side
Drive at the East end of radius at the Southeast corner of North Side Drive and
North Main Street).
• Opinion of probable construction cost (OPCC).
3.2. Geotechnical Investigation/Pavement Design
• Soil investigations, including field work.
• . Total of two (2) pavement cores will be taken.
• The ENGINEER shall prepare a geotechnical engineering study.
City of Fort Worth, Texas
Attachment A
CPN 103306 - Altamesa and
Woodway Page 5 of 12
2.3. Constructability Review
• Prior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information to the CITY in
writing.
2.4. Utility Clearance
The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities and government agencies to determine the approximate location
of above and underground utilities, and other facilities (current and future) that
have an impact or influence on the project. ENGINEER will design CITY facilities
to avoid or minimize conflicts with existing utilities, and where known and
possible consider potential future utilities in designs.
• The ENGINEER shall upload individual PDF files for each plan sheet of the
approved preliminary plan set to the designated project folder in BIMS for
forwarding to all utility companies which have facilities within the limits of the
project.
ASSUMPTIONS
• Illumination on traffic signal poles is sufficient for the intersection. No standalone
illumination poles or photometric design is included in the plans.
• Three (3) sets of 11" x 17" size plans will be delivered for the 60% design.
• PDF files created from design CAD drawings will be uploaded to the designated
project folder in BIMS.
• One (1) set of full size drawings will be delivered for Utility Clearance.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
• One (1) plan review meeting with the CITY.
DELIVERABLES
A. Preliminary Design drawings and specifications
B. Utility Conflict Matrix
C. Estimates of probable construction cost
D. Meeting summary from plan review meeting
TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT).
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
City of Fort Worth, Texas
Attachment A
CPN 103306 - Altamesa and Woodway
Page 6 of 12
• Final draft construction plans (90%) shall be submitted to CITY per the approved
Project Schedule.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER
shall submit Final Plans (100%) to the CITY per the approved Project Schedule.
Each plan sheet shall be stamped, dated, and signed by a Professional Engineer
registered in State of Texas.
• The ENGINEER shall submit a final design estimate of probable construction
cost with both the 90% and 100% design packages. This estimate shall use
ONLY standard CITY bid items.
• Prior to final design plans (90%) obtain a file number for the project, contact the
Department of Transportation and Public Works Vault at telephone number (817)
392-8426. File numbers will not be issued to a project unless the appropriate
project numbers and fund codes have been assigned and are in the Department of
Transportation and Public Works database, coordinate with CITY Project Manager.
ASSUMPTIONS
• Three (3) sets of 11" x 17" size drawings will be delivered for the 90% Design
package.
• A PDF file for the 90% Design will be created from design CAD drawings and will
be uploaded to the project folder in BIMS.
• Three (3) sets of 11" x 17" size drawings will be delivered for the 100% Design
package.
• A PDF file for the 100 % Design will be created from design CAD drawings and
will be uploaded to the project folder in BIMS.
DELIVERABLES
A. 90% construction plans.
B. 100% construction plans.
C. Detailed estimates of probable construction costs including summaries of bid
items and quantities using the CITY's standard bid items and format.
TASK 5. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and land as outlined below,
per scoping direction and guidance from the CITY's Project Manager.
6.1. Right -of -Way Research
• The ENGINEER shall determine rights -of -way and easements needs for
construction of the project. Required temporary and permanent easements will
be identified based on available information and recommendations will be made
for approval by the CITY.
ASSUMPTIONS
City of Fort Worth, Texas
Attachment A
CPN 103306 - Altamesa and
Woodway Page 7 of 12
Right -of -Way research includes review of property/right-of-way records based on
current internet based Tarrant Appraisal District (TAD) information available at
the start of the project and available on -ground property information (i.e. iron
rods, fences, stakes, etc.). It does not include effort for chain of title research,
parent track research, additional research for easements not included in the
TAD, right-of-way takings, easement vacations and abandonments, right-of-way
vacations, and street closures.
TASK 7. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
7.1. Design Survey
ENGINEER will perform field surveys to collect horizontal and vertical elevations
and other information needed by ENGINEER in design and preparation of plans
for the project. Information gathered during the survey shall include topographic
data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations,
location of buried utilities, structures, trees (measure caliper, identify overall
canopy, and have qualified arborist identify species of trees), and other features
relevant to the final plan sheets. Existing drainage at intersections will be verified
by field surveys. Spot elevations will be shown on intersection layouts with cross
slope to fit intersecting grade lines.
• The minimum survey information to be provided on the plans shall include, but
not be limited to, the following:
- A Project Control Sheet, showing ALL Control Points, used or set while
gathering data. Generally on a scale of not less than 1:400:
- The following information about each Control Point;
a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on CITY Datum only.
c. Descriptive Location (Ex. Set in the centerline of the inlet in the South
curb line of North Side Drive at the East end of radius at the Southeast
corner of North Side Drive and North Main Street).
- Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the
same coordinate system, as the Control.
- No less than two horizontal bench marks, per line or location.
- Bearings given on all proposed centerlines, or baselines.
- Station equations relating utilities to paving, when appropriate.
7.2. Temporary Right of Entry Preparation and Submittal
• Prior to entering property, the ENGINEER shall prepare, mail and attempt to
obtain Temporary Right of Entry from up to 2 landowners.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
City of Fort Worth, Texas
Attachment A
CPN 103306 - Altamesa and
Woodway Page 8 of 12
7.3. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) up to Quality Level A as described
below. The SUE shall be performed in accordance with Cl/ASCE 38-02.
Quality Level D
• Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.), to help identify utility owners that
may have facilities within the project limits or that may be affected by the project.
• Collect applicable records (e.g., utility owner base maps, "as built" or record
drawings, permit records, field notes, geographic information system data, oral
histories, etc.) on the existence and approximate location of existing involved
utilities.
• Review records for: evidence or indication of additional available records;
duplicate or conflicting information; need for clarification.
• Develop SUE base file. Exercise professional judgment to resolve conflicting
information. For information depicted, indicate where known: utility type and
ownership; date of depiction; quality level(s); end points of any utility data; line
status (e.g., active, abandoned, out of service); line size and condition; number of
jointly buried cables; and encasement.
Quality Level C (includes tasks as described for Quality Level D)
• Identify surface features, from project topographic data and from field
observations, that are surface appurtenances of subsurface utilities.
• Include survey and correlation of aerial or ground -mounted utility facilities in
Quality Level C tasks.
• Survey surface features of subsurface utility facilities or systems, if such features
have not already been surveyed by a professional surveyor. If previously
surveyed, check survey data for accuracy and completeness.
• Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
• Recommend follow-up investigations (e.g., additional surveys, consultation with
utility owners, etc.) as may be needed to further resolve discrepancies.
• Provide Quality Level C to identify overhead utilities on the project and provide
the overhead utility information in the SUE base file .
Quality Level B (includes tasks as described for Quality Level C)
• Select and apply appropriate surface geophysical method(s) to search for and
detect subsurface utilities within the project limits, and/or to trace a particular
utility line or system.
• Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for
marking of lines.
• Unless otherwise directed, mark centerline of single -conduit lines, and outside
edges of multi -conduit systems.
• Resolve differences between designated utilities and utility records and surveyed
appurtenances.
City of Fort Worth, Texas
Attachment A
CPN 103306 - Altamesa and
Woodway Page 9 of 12
Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical
methods, exploratory excavation, or upgrade to Quality Level A data.
As an alternative to the physical marking of lines, the ENGINEER may, with
CITY's approval, utilize other means of data collection, storage, retrieval, and
reduction, that enables the correlation of surface geophysical data to the project's
survey control.
Quality Level A
• Expose and locate utilities at specific locations.
• Tie horizontal and vertical location of utility to survey control.
• Provide utility size and configuration.
• Provide paving thickness and type, where applicable.
• Provide general soil type and site conditions and such other pertinent information
as is reasonably ascertainable from each test hole site.
ASSUMPTIONS
• Quality Level B SUE limits are: 9900 LF.
• Up to Four (4) Level A test holes are included for the one (1) intersection. Test
holes are not intended for clearing proposed signal poles.
• Assume up to two (2) TROE letters.
• Any permit fees will be waived, and bonding will not be required.
• The budget estimate is to provide all services on a one-time basis. Subsurface
Utility Engineering services provided in connection with re-routes or requested
revisions will be additional services billed under a separate negotiated fee.
• This proposal assumes that all work areas are sufficiently cleared of vegetation
(to a maximum height of 6") such that all areas are traversable on foot for the
purpose of performing designating. Additionally, this proposal assumes clear
traversable access will be provided for vacuum excavation equipment to perform
any test holes. LSE reserves the right to seek additional compensation for work
interruptions due to property access and clearing issues.
• Test holes will be backfilled with excavated native material and will not require
flow fill
• Test holes within pavement will be repaired using cold patch and will not require
permanent replacement.
• Test holes within sidewalk panels, concrete panels, and curb/gutter panels, will
not require replacement of the entire panel. Concrete will be placed for the
extend of the test hole diameter.
• Onsite inspections and material testing will not be required.
• Storm sewer/sanitary sewer systems will be depicted up to Quality Level C
City of Fort Worth, Texas
Attachment A
CPN 103306 - Altamesa and
Woodway Page 10 of 12
• All work will be performed during daytime hours. The project may require
weekend work.
• ENGINEER will be notified, prior to mobilizing to the Project, of any special
requirements for access and the performance of the work.
DELIVERABLES
A. Copies of field survey data and notes signed and sealed by a Registered
Professional Land Surveyor (RPLS) registered in the State of Texas.
B. Drawing of the project layout with dimensions and coordinate list.
C. SUE base file & Utility Conflict Matrix.
TASK 8. PERMITTING.
9.6. Texas Department of Licensing and Regulation (TDLR)
• Identify and analyze the requirements of the Texas Architectural Barriers Act,
Chapter 68 Texas Administrative Code, and become familiar with the
governmental authorities having jurisdiction to approve the design of the Project.
• Submit construction documents to a TDLR licensed Registered Accessibility
Specialist (RAS) for review. This only applies if the project pedestrian elements
(sidewalk, curb ramps, and push buttons) cost exceed $50,000.
• Completing all TDLR forms/applications necessary.
• The ENGINEER shall request a final inspection from a TDLR licensed RAS no
later than thirty calendar days after construction substantial completion. Final
inspections shall be conducted on all projects with pedestrian elements,
regardless of the cost of the items. The ENGINEER shall obtain the final
inspection report from the RAS and submit to the CITY.
• Responding to agency comments and requests.
ASSUMPTIONS
• Permit preparation will begin after approval of the 90% design.
• ENGINEER will pay TDLR project registration, plan review, and final inspection
costs.
• CITY will pay all costs associated with TxDOT and/or Railroad permits.
• One (1) meeting is assumed with TDLR for the Accessibility Inspection.
DELIVERABLES
A. None
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
City of Fort Worth, Texas
Attachment A
CPN 103306 - Altamesa and
Woodway Page 11 of 12
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if
needed, upon the CITY's written request. Any additional amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
additional services include the following:
• Negotiation of easements or property acquisition.
• Bid phase services.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre -qualification, bid protests, bid rejection
and re -bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
• Additional environmental field work or Technical Reports.
• Standalone illumination design / photometric design of illumination
improvements
• Landscape and Irrigation Plans
• Utility Coordination
• ROW/Easement Services
• Drainage
• BID Phase for Traffic Signals
• Construction Phase Services
City of Fort Worth, Texas
Attachment A
CPN 103306 - Altamesa and
Woodway Page 12 of 12
ATTACHMENT B
COMPENSATION
Design Services for
Alta Mesa Drive and Woodway Drive Intersection
City Project No. 103306
Time and Materials with Rate Schedule Project
Compensation
A. The ENGINEER shall be compensated for personnel time, non -labor expenses,
and subcontract expenses in performing services enumerated in Attachment A as
follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Category Rate for the ENGINEER's team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries, overhead,
and profit.
Labor Category
<2023> Rate
$/hour
<2024> Rate
$/hour
Project Director
$241
$272
Project Manager
$204
$230
Project Engineer
$171
$193
CADD
$105
$110
Administrative
$75
$85
EIT
$123
$140
ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non -labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall be
reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
City of Fort Worth, Texas
Attachment B
CPN 103306 - Altamesa and
Woodway Pagel of 4
ATTACHMENT B
COMPENSATION
iv. Budgets. ENGINEER will make reasonable efforts to complete the work within
the budget and will keep the City informed of progress toward that end so that
the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be
adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by the
City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER in
performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
[Transportation of Public Works Department] monthly progress reports and
schedules in the format required by the City.
City of Fort Worth, Texas
Attachment B
CPN 103306 - Altamesa and
Woodway Page 2 of 4
LM
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount
Prime Consultant
GEI Consultants, Inc
Design, Construction, ROW,
$133,017
40.99
Survey and Subsurface, and
permitting
Proposed MWBE Sub -Consultants
HVJ Associates
Geotechnical, Pavement
Design
$6,360
1.96
Lamb -Star Engineering
Survey and SUE, ROW
$119,760
36.90
Non-MWBE Consultants
Civil Associates, Inc
Environmental
$17,403
5.36
Lee Engineering
Signal Design
$47,989
14.79
TOTAL
$324,529
100%
Project Number & Name
Total Fee
MWBE Fee
MWBE %
Alta Mesa Drive and Woodway Drive
Intersection
$324,529
$126,120
38.9%
City MWBE Goal = 23 % Consultant Committed Goal = 38.9 %
City of Fort Worth, Texas
Attachment B
CPN 103306 - Altamesa
and Woodway Page 3
of 4
LMI
EXHIBIT "13-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
City of Fort Worth, Texas
Attachment B
CPN 103306 - Altamesa
and Woodway Page 4
of 4
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Alta Mesa Drive and Woodway Drive Intersection
City Project No. 103306
Not used.
City of Fort Worth, Texas
Attachment C
CPN 103306 - Altamesa and
Woodway Page I of I
FORT WORTH
ATTACHMENT "D"
PROJECT SCHEDULE
A. ENGINEER Project Schedule Development
ENGINEER shall prepare a project schedule for the services to be provided in fulfilling
the requirements of the Agreement and encompassing the Scope of Work defined in
Attachment A to the Agreement.
ENGINEER shall prepare and maintain project schedule throughout the life of the project
as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled
Engineer Project Schedule.
ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for
planned sequencing of the work activity and timing of the work.
B. Schedule "Tier" Selection
City has identified three "Tier" levels for project schedules as defined in City's
Specification 00 31 15, to align with the size and complexity of the project as a basis for
schedule development. City's Project Manager will determine the "Tier" level for the
ENGINEER's project schedule as part of the negotiation of the Agreement.
C. Project Baseline Schedule
ENGINEER will produce an initial project schedule and submit as a "baseline" for review
and acceptance by City's Project Manager as defined in City's Specification 00 31 15
which will be referred to as the Project Baseline Schedule. Updates to the baseline
schedule follow the requirements of City's Specification 00 31 15.
D. Project Progress Schedule
ENGINEER will provide to the City, monthly updates to their project schedule indicating
progress of the Work in compliance with the requirements of City's Specification 00 31
15 and said schedule will be referred to as the Project Progress Schedule.
E. Master Project Schedule
City will develop and maintain a master project schedule for the overall project.
ENGINEER's project baseline and progress schedule submittals will be an integral part
of the development and updating process of City's Master Project Schedule.
City of Fort Worth, Texas
Attachment D
CPN 103306 - Altamesa and
Woodway Page 1 of 1
Attachment E
Alta Mesa Drive and Woodway Drive Intersection
City Project No. 103306
''\ � Frs•-o
Plano
ord Fart Worth_ �, II o
4
�dk
HMtamesa:& woddway
9
Project
Location
A
Project Location
Alta Mesa Drive and Woodway
Drive Intersection
City Project No. 103306
V
FORT WQRTII
E I Consultants
EXHIBIT F
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
City shall be included as an additional insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the commercial
umbrella, if any. This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs afforded to
City. The Commercial General Liability insurance policy shall have no
exclusions or endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
are covered bythe commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non -owned autos, when said vehicle is used in the course of Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non -owned autos is acceptable.
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are
covered by the business auto liability or commercial umbrella liability
insurance obtained by Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Page 1 of 3
Requirements CPN 103306 - Altamesa
and Woodway
c. Workers' Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are
covered by workers compensation and employer's liability or commercial
umbrella insurance obtained by Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims -made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self -funded or
CFW Standard Insurance Page 2 of 3
Requirements CPN 103306 - Altamesa
and Woodway
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10) days' notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VII or equivalent measure of financial strength
and solvency as determined by the City's Risk Management division.
g. Any deductible or self -insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first -dollar basis. City, at its sole
discretion, may consent to alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters of credit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims -
made basis, shall contain a retroactive date coincident with or priorto the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Page 3 of 3
Requirements CPN 103306 -
Altamesa and Woodway
Create New From This M&C
DATE: 1/10/2023 REFERENCE
NO.:
CODE: C TYPE:
**M&C 23- 20ALTAMESA BLVD AND
0026 LOG NAME: WOODWAY DR INTERSECTION
IMPROVEMENTS
CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 6 / Future CD 6 and CD 9) Authorize Execution of a Contract with GEI Consultants,
Inc. in the Amount of $324,529.00 for?Engineering Services for the Altamesa Boulevard
and Woodway Drive Intersection Improvements?(2022 Bond Program)?
RECOMMENDATION:
It is recommended that the City Council authorize execution of a contract with GEI Consultants, Inc. in
the amount of $324,529.00 for engineering services for intersection and signal improvements for the
Altamesa Boulevard and Woodway Drive Intersection Improvements project?(City Project No.
103306).?
DISCUSSION:
This Mayor and Council Communication (M&C) is to authorize?execution of a contract with GEI
Consultants, Inc. in the amount of $324,529.00 for engineering services for intersection and signal
improvements at the Altamesa Boulevard and Woodway Drive intersection in the?City of Fort
Worth.?GEI Consultants, Inc. was selected based on the pre-qualification?list of firms from the
Category 2 of the Request for Qualifications advertised in August 2020 for various capital project
improvements. The Intersection Improvement Category 2 required a Request for Additional
Information (RFAI) submission for the final selection process. City staff performed this RFAI process
this summer which resulted in GEI Consultants, Inc. being selected for the Altamesa and Woodway
Intersection Improvement project.?The Altamesa Boulevard and Woodway Drive Intersection
Improvements project consists of realignment of northbound and southbound left turn lanes for
improved visibility using the existing median space, constructing an additional left turn lane from
southbound Woodway, construct new traffic signals and new pedestrian American Disabilities Act
accessible curb ramps, any and all of which are expected to improve pedestrian and motorist safety
and mobility.
Project?? Engineering Not to Exceed Contract
Consultant? Amount?
103306- Altamesa Boulevard and Woodway Drive
Intersection improvements (CD 6)? GEI Consultants $324,529.00?
As part of the 2022 Bond Program a Request for Qualifications (RFQs) process was conducted to
determine qualifications for engineering firms for multiple types of mobility projects. Panels of four staff
evaluated each of twenty categories of project, based upon a fixed scoring method. Scores were
collected and tabulated and each consultant received an overall ranking for each project type in which
the firm was interested. Projects were assigned in the order of ranking. Several projects were awarded
in the first step of the process after an extensive ranking process including 20 categories of scoring for
79 firms.
The second step was a Request for Additional Information (RFAI) that specifically requested the 13
firms that qualified for projects in the first phase but did not receive one to present qualifications for 17
additional projects that were funded after the first step of the process. The city received 13 responses
for the 17 projects so each firm was evaluated again using more additional criteria for the type of work.
Each firm was assigned scores for the projects in which they were interested. Following is the ranking
of the firms that qualified for this project but had not yet been previously had a project assigned to
them.
?
Firm I GEI
Consultants
Project Name I Rank F 1
Altamesa Boulevard and Woodway
Intersection Improvements '? F49.4
Bartlett & Dannebaum Multatech
West
-F 2-1 3
49.2 47 46
Based upon the rankings and qualifications, GEI Consultants, Inc. was awarded the project.
Funding is budgeted in the 2022 Bond Program Fund for the purpose of funding the Altamesa
Boulevard and Woodway Drive Intersection Improvements project, as appropriated.?The funding for
this intersection project was included in the Proposition A - Streets and Mobility Improvements section
of the appropriation ordinance for costs associated with projects in the 2022 Bond Program adopted
via M&C 22-0599?in the cumulative amount of $300,000,000.00.
This project is included in the 2022 Bond Program.?The City's Extendable Commercial Paper (ECP)
(M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the?appropriation. Available
resources will be used to actually make any interim progress payments until debt is issued. Once debt
associated with a project is sold, debt proceeds will reimburse?the interim financing source in
accordance with the statement expressing official Intent to Reimburse that was adopted as part of the
ordinance canvassing the bond election (Ordinance 25515-05-2022).
GEI Consultants, Inc. is in compliance with the City's Business Equity Ordinance by committing to
23\% Business Equity participation on the Altamesa Boulevard and Woodway Drive Intersection
Improvement project. The City's Business Equity goal on City Project No. 103306 is 12\%.?
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the 2022 Bond Program Fund for the Altamesa Blvd at Woodway Dr project to
support the approval of the above recommendation and execution of the contract.?Prior to an
expenditure being incurred, the Transportation and Public Works Department has the responsibility to
validate the availability of funds.??
TO
Fund Department Account —Project I Program Activity Budget — Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget
ID ID Year
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
William Johnson (5806)
Lauren Prieur (6035)
Monty Hall (8662)
Reference # Amount
(Chartfield 2)
ATTACHMENTS
20 Altamesa Blvd and Woodway Dr Intersection Improvements.docx
22.10.25 Form 1295 - Signed.pdf (CFW Internal)
Altamesa&Woodway Map CPN 103306.pdf (Public)
Business Equity Form.pdf (CFW Internal)
Completed Form.PDF (CFW Internal)
M&C FID 103306.xlsx (CFW Internal)
(CFW Internal)
FORT WORTH.
Routing and Transmittal Slip
Transportation & Public Works
Department
DOCUMENT TITLE:Design Contract - Altamesa and Woodway
M&C: 23-0026 CPN: 103306 CSO: NA DOC#: 1
Date:
To:
Name
Department I Initials
Date Out
I.
Alexis Ramirez
TPW
Mar 13, 2023
2.
Bradley Radovich
TPW-CCM IgBMR
Mar 13, 2023
3.
Doug Black
Legal I d.b
Mar 20, 2023
4.
dking@geiconsultants.com
GEI ConsultantslDDK
Mar 14, 2023
5.
Lauren Prieur
TPW I1w
01
Mar 14, 2023
Mar 20, 2023
6.
William Johnson
ACM —
7.
Jannette Goodall
City Secretary I
Mar 20, 2023
DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any
and all City Departments requesting City Manager's signature for approval MUST BE ROUTED
TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip,
David will review and take the next steps.
NEEDS TO BE NOTARIZED: ❑YES ®No
RUSH: []YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No
ROUTING TO CSO: ❑YES ®No
Action Required:
❑ As Requested
❑ For Your Information
® Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return To: bradley.radovichkFortWorthTexas.gov at ext. 7817 for pick up when completed.
Thank you!