HomeMy WebLinkAboutContract 59317CSC No. 59317
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 Baird, Hampton & Brown, Inc., authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: US 287 FREEWAY
ILLUMINATION DESIGN BETWEEN [IH-30 — MITCHELL] AND [MILLER TO IH-820] —
PHASE 1— Project No. 104605.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. Negotiated changes to this
Agreement, if any, are included in Attachment C.
Article II
Compensation
The ENGINEER's compensation shall be in the amount up to $98,500 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 US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
Revised Date: November 23, 2021 OFFICIAL RECORD
Page 1 of 15 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.
City of Fort Worth, Texas US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
Revised Date: November 23, 2021
Page 2 of 15
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.
City of Fort Worth, Texas US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
Revised Date: November 23, 2021
Page 3 of 15
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.
City of Fort Worth, Texas US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
Revised Date: November 23, 2021
Page 4 of 15
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
City of Fort Worth, Texas US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
Revised Date: November 23, 2021
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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 respondent superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
City of Fort Worth, Texas US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
Revised Date: November 23, 2021
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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.
City of Fort Worth, Texas US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
Revised Date: November 23, 2021
Page 7 of 15
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.
City of Fort Worth, Texas US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
Revised Date: November 23, 2021
Page 8 of 15
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.
City of Fort Worth, Texas US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
Revised Date: November 23, 2021
Page 9 of 15
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
City of Fort Worth, Texas US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
Revised Date: November 23, 2021
Page 10 of 15
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.
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.
City of Fort Worth, Texas US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
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 US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
Revised Date: November 23, 2021
Page 12 of 15
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 US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
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
William Johnson (M4y 3, 202314:49 CDT)
William Johnson
Assistant City Manager
Date:
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Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
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Lauren Prieur
Director, Transportation and
Public Works
BY:
ENGINEER
Baird, Hampton & Brown, Inc.
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Thomas E. Wilson, P.E.
Associate I Electrical Engineer
Date: 4/20/2023
APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2023-1010207
By. DBlack (May 3(May 3, 2CDT)
Douglas W Black M&C No.: N/A
Sr. Assistant City Attorney
M&C Date: N/A
City of Fort Worth, Texas US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
Revised Date: November 23, 2021
Page 14 of 15 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.
Clint Hoover, MBA, P.E., S.E.
Engineering Manager
City of Fort Worth, Texas US 287 FREEWAY ILLUMINATION DESIGN — PHASE 1
Standard Agreement for Engineering Related Design Services 104605
Revised Date: November 23, 2021
Page 15 of 15
ATTACHMENT "A"
Scope for Engineering Design Related Services for
US 287 FREEWAY ILLUMINATION DESIGN BETWEEN [I1-1-30 — MITCHELL] AND
[MILLER TO IH-8201 — PHASE 1
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 projects completed under the Task Order agreement is to improve
vehicular and pedestrian mobility and safety throughout the City for railroad, street light,
traffic signal, and intersection projects. Work under this agreement includes, but not limited
to, Engineered drawings for construction, project management, data collection, field
coordinating with various departments and outside vendors and documentation of new
devices.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design
Task 3. P-elimiRaFy DeGigR
Tack /1 Final Desilvn
�--u�rc-�T�arvc�ryn
Tack f-v.. Bid Phase ConnnoC
�
Task 6. GORJtFUntion Phase G`eRliGeS
Tack 7 R(1W4Easernent Se NiGes
Task 8. Survey and Subsurface Utility Engineering Services
Task 9. Per it„�:Rg
Task 10. Plan and Submittal Checklists
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.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07.23.2012
Page 1 of 8
1.1. Managing the Team
• Lead, manage and direct design team activities
• Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of
the work. Refer to Task 10 for further details.
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting
• Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
• Attend field meetings with CITY representatives, if requested, including Traffic
Management, prior to the 30% submittal.
• Conduct and document monthly project update meetings with CITY Project Manager
• Conduct review meetings with the CITY at the end of each design phase
• Conduct and document biweekly design team meetings.
• Conduct QC/QA reviews and document those activities. Refer to Task 10 for further
details.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
• 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 in compliance with he City's Specification 00 31 15 entitled Engineer
Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's
Specification 00 31 15 entitled Engineer Project Schedule.
• Prepare and submit a preliminary Project Risk Register, preliminary Stakeholder
Register, and preliminary Project Communications Plan. CITY to modify and finalize.
• Complete MORthly M/WBE Report Form and Final Summary PayrneRt Report For
the eRd of the PFGjent
• 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
• 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
City of Fort Worth, Texas
Attachment A
PMO Release Date: 02.06.2015
Page 2 of 8
authorities to obtain approval of the designs, and make changes necessary to meet
their requirements, as part of the design scope.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub -consultants shall carry readily visible
information identifying the name of the company and the company representative.
ASSUMPTIONS
• One (1) pre -design project kickoff/chartering meeting
• Field review meetings as requested.
• Number of Monthly project update meetings with CITY Project Manager will be
determined with each Task Order.
• One (1) plan review meeting
• Number of biweekly design team meetings will be determined with each Task
Order.
• All submittals to the City will be Quality checked prior to submission.
• Project design phase schedule will be determined with each Task Order.
• Number of months for project construction phase will be determined with each
Task Order.
• Number of monthly updates of Project Status Reports, MWBE forms, TBPE, Risk
Register, and project schedule will be determined with each Task Order.
DELIVERABLES
A. Meeting summaries with action items
B. QC/QA documentation
C. 30% Plans with illumination quantities.
D. Preliminary Project Risk Register, preliminary Stakeholder Register, and
preliminary Project Communications Plan
E. Monthly Schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly Project Status Reports
G. Monthly TPBE spreadsheet updates
H. Monthly Project Risk Register updates
I. Plan Submittal Checklists (See Task 10)
J. Monthly invoices
K. MGRthly MiVVBE Report Perm and Final Summary Payment Repert Ferrvm
City of Fort Worth, Texas
Attachment A
PMO Release Date: 02.06.2015
Page 3 of 8
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design will 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.
• 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.
2.3. The Conceptual Design Package shall include the following:
• Documentation of key design decisions.
• Estimates of probable construction cost.
ASSUMPTIONS
• A 30% Design package will be submitted to the CITY for review.
DELIVERABLES
A. Conceptual Design Package
TASK 3 PRELIMINARY DESIGN /90 PERCENT).
gGh ,—
ENGINEER will develep the pFelimiRaFy deSigR of the infra Strl Jntl Jre as fellews
vTThe Pr IimiRary Design Drawings shall 'ORLidethe felleWiRg:
limits, area IOGatiGR map
and heg.RRORg and eRd ctetinn lims it
• Quantity Surnrnall:y page and eaGh deSigR sheet shall ORGIude a quantity take e
tabs.
3. �venstruGtG biIi��eyie '
City of Fort Worth, Texas
Attachment A
PMO Release Date: 02.06.2015
Page 4 of 8
� 1l
\ \
ME
1 I 0
1
• One (1) Review
• ENGINEER
Meeting is assi imerd
Final Design
bythe GITV
DELIVERABLES
Preliminary
A. n T�
B. Estimates of
T�ACK4FINAL CONSTRUCTION
• Upon appreval ef the
shall net preGeed with adivities witheut written appreva4
of the Preliminary Design plans
Resign ldrrneiings
ZI T'QVP1T'f�J
prehahle nenstri irtion post
DOCUMENTS (100 PERCENT),
Preliminary ENGINEER as
GeRMFUGtOGR
GenStFUGtion
plans, will prepare plans
CITY, the ENGINEER shall
review meeting with the
plan
0
stamped,sheet shall be
dated, and signed by the ENGINEER registered On State e
Texas.
ASSUMPTIONS
10 sets of 11 "xi 7"
size dF wil�aGliPeFed
feF the 0 DesigR Gkage,�
fi rere id.
pa
0 Design
be frem design CAD drawings
he
and
will
to the nroient folder in RIBA
Greated
360
will
uploaded
DELIVERABLES
A. 100% nonstn intion
plans
i icing TYDnT's
hi.d items aR
d format
quantities
standard
City of Fort Worth, Texas
Attachment A
PMO Release Date: 02.06.2015
Page 5 of 8
G. Griginnl 11" v 17" ever mylar for the signatures of CITY eeffi Gi
TASK 5. BID PHASE SERVICE&
ENGINEER will Ng1 support the hint phase of the prof
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the GORStFUGtion phase of the projeGt OR an as needed basis to
inslu„Je field visits, i ivirtal meetiRgse and fieldiRg of questions.
TASK 7. ROWEASSEMENT SERVICES.
ENGINEER will NgI suppert and perferm aGtivities related te ROW and land
direntien and - iirtonne from the CITY'S PFGjeGt Manager.
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support services.
TASK 9. PERMITTING
CA�cER will Ngl previde per tiRg supper-�uppvrr
TASK 10. QUALITY CONTROL / QUALITY ASSURANCE
ENGINEER to provide to the City a Quality Control / Quality Assurance Plan (QC/QA Plan)
outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are
incorporated into the calculations, plans, specifications, and estimates.
ENGINEER is responsible for and shall coordinate all subconsultant activity to include
quality and consistency of plans.
If, at any time, during the course of reviewing a submittal of any item it becomes apparent to
the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may
cease its review and return the submittal to the ENGINEER immediately for appropriate
action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY
Project Manager.
10.1 QC/QA of Survey and SUE Data
• The ENGINEER's Surveyor shall perform Quality Control / Quality Assurance
on all procedures, field surveys, data, and products prior to deliver to the
CITY. The CITY may also require the ENGINEER's Surveyor to perform a
Quality Assurance review of the survey and/or subsurface utility engineering
(SUE) work performed by other surveyors and SUE providers.
• ENGINEER's Surveyor shall certify in writing via a letter that the survey
information provided has undergone a Quality Control / Quality Assurance
process.
• ENGINEER's Subsurface Utility Engineering provider shall certify in writing
via a letter that the SUE information provided has undergone a Quality
Control / Quality Assurance process.
10.2 QC/QA of Design Documentation
City of Fort Worth, Texas
Attachment A
PMO Release Date: 02.06.2015
Page 6 of 8
• ENGINEER shall perform a QC/QA review of all documents being submitted
for review at all stages of the design including the 90% and Final Document
design review submittals. QA should be performed by an individual within the
firm who is not on the design team.
ENGINEER is to acknowledge that each item on the Detailed Checklist has
been included by checking "done" on the checklist. If a particular checklist
item is not applicable, this should be indicated by checking "NA". If an entire
checklist is not applicable, this should be indicated by checking every item on
the list as "N/A" and still included with the submittal. The ENGINEER shall
use the Detailed Checklist provided by CITY.
A Comment Resolution Log must be used to document conflicting comments
between reviewers and to highlight comments made by the CITY that the
ENGINEER is not incorporating into the design documents along with the
associated explanation. The ENGINEER shall use the Comment Resolution
Log provided by CITY.
The documentation of a QC/QA review includes (1) a copy of the color -
coded, original marked -up document (or "checkprint") developed during the
QA checking process and/or review forms which sequentially list documents
and associated comments; and (2) a QC sign -off sheet with signatures of the
personnel involved in the checking process. Mark-ups may also be
documented using the Comment Resolution Log.
• Evidence of the QC/QA review will be required to accompany all submittals.
Documentation shall include, but is not limited to, the following items:
o PDF of the completed Detailed Checklists
o PDF of the QC/QA checkprint of the calculations, plans,
specifications, and estimates demonstrating that a review has been
undertaken;
o PDF of previous review comments (if any) and the ENGINEER's
responses to those comments in the Comment Resolution Log.
• If any of the above information is missing, is incomplete, or if any comments
are not adequately addressed; the CITY may contact the ENGINEER and
request the missing information. If the ENGINEER does not respond to the
request within 24 hours, the CITY shall reject the submittal. No additional
time will be granted for a returned submittal.
• If the ENGINEER has not adequately addressed the comments, the submittal
shall be rejected and returned to the ENGINEER immediately to address the
issues.
ASSUMPTIONS
• All submittals to the City will be Quality checked prior to submission.
• A PDF of the QC/QA documentation will be uploaded to the project folder in BIM
360.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 02.06.2015
Page 7 of 8
DELIVERABLES
A. QC/QA documentation
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if
needed, upon the CITY's written request. Any additional amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
additional services include the following:
• Negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre -qualification, bid protests, bid rejection
and re -bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 02.06.2015
Page 8 of 8
ATTACHMENT B
COMPENSATION
Design Services for
US 287 FREEWAY ILLUMINATION DESIGN BETWEEN [IH-30 - MITCHELL] AND
[MILLER TO IH-820] — PHASE 1 City Project No. 104605
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
Rate $/hour
Year 1
Year 2
Year 3
Project Director
$250
$255
$260
Project Manager
$200
$205
$210
Sr. PE
$185
$190
$195
PE
$150
$155
$160
EIT
$120
$125
$130
CADD Tech
$110
$115
$120
Admin
$90
$95
$100
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%).
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.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 1 of 4
ATTACHMENT B
COMPENSATION
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.
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 and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 2 of 4
AM
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm
Primary Responsibility
Fee Amount
%
Prime Consultant
Baird, Hampton & Project Management, Design $71,300 72.39
Brown, Inc. Services, Field Services
Proposed MBE/SBE Sub -Consultants
ANA Consultants, L.L.0
Survey
$27,200
27.61
Non-MBE/SBE Consultants
TOTAL
$98,500
100%
Project Number & Name
Total Fee
MBE/SBE Fee
MBE/SBE
CP# 104605— US 287 FREEWAY
$98,500
$0
0%
ILLUMINATION DESIGN BETWEEN [IH-
30 — MITCHELL] AND [MILLER TO IH-
820 — PHASE 1
City MBE/SBE Goal = 0% Consultant Committed Goal = 27.61 %
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 3 of 4
EXHIBIT "13-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 4 of 4
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Baird, Hampton & Brown, Inc.
6300 Ridglea Place, Ste. #700, 6300 Ridglea Place, Ste. #700, Fort
Fort Worth, TX 76116 Worth, TX 76116
CFW Project Manager
Clint Hoover, P.E., S.E.
Consultant's Project Manager.' Thomas E. Wilson, PE
Consultant's email:
twilson@bhbinc.com
Name of Project:
BETWEEN [IH-30 - MITCHELL] AND [MILLER
TO IH-820] - PHASE 1
Invoice
1
Consultant Project No. 2023.007.Oxx
Proj. Invoice No.
Invoice date:
Period From Date Inception
To Date
City Secretary Contract #:
P.O. Number:
Labor Cateaory Name Hours Rate ($/hr
Proejct Director
250.00
Project Manager
200.00
Sr. PE
185.00
PE
150.00
EIT
120.00
CADD Tech
110.00
Admin
90.00
Amount
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total Labor 0.0 $0.00
Subcontract Service
Survey - ANA Consultants, L.L.0
Subcontractor Subtotal $0.00
10 Percent Markup on Subcontract Services $0.00
Nonlabor Expenses
Nonlabor Expense Subtotal $0.00
Total Expenses (Subcontract Services+Markup+Nonlabor Expenses) $0.00
TOTAL DUE THIS INVOICE $0.00
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
US 287 FREEWAY ILLUMINATION DESIGN BETWEEN [IH-30 — MITCHELL] AND
[MILLER TO IH-8201 — PHASE 1
City Project No. 104605
No changes are proposed by Engineer.
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
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
Revision Date: 07.20.2018
Page 1 of 1
Attachment E
US 287 FREEWAY ILLUMINATION [I1-1-30 TO IH-820]
CITY PROJECT NO. 104605
MAPSCO[77C,77G,77H,77M,77R,78N,78S,92D,93A,93E,93F]
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 Requirements Page 1 of 3
Rev. 5.04.21
c. Workers' Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are
covered by workers compensation and employer's liability or commercial
umbrella insurance obtained by Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims -made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self -funded or
CFW Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21
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 Requirements Page 3 of 3
Rev. 5.04.21
/
BAIRD, HAMPTON & BROWN
building partners
March 16, 2021
RE: ADOPTING RESOLUTION FOR SIGNATURE AUTHORITY
WHEREAS, the Corporation is determined to grant signing and authority to certain person(s) described
hereunder.
RESOLVED, that the Board of Directors is hereby authorized and approved to authorize and empower the
following individual to make, execute, endorse and deliver in the name of and on behalf of the
corporation, but shall be limited to, written instruments, agreements, documents, execution of contracts,
and obligations up to $100,000.
Name: Thomas Wilson, PE
Title: Associate
Phone: (512) 284-2478
The undersigned certifies that he is the properly elected and qualified Secretary of the books, records and
seal of Baird, Hampton & Brown, Inc., a corporation duly conformed pursuant to the laws of the state of
Texas, and that said meeting was held in accordance with state law and with the Bylaws of the above -
named corporation.
This resolution has been approved by the Board of Directors of Baird, Hampton & Brown, Inc. (Company)
on March 16, 2021.
I, as authorized by the Company, hereby certify and attest that all the information above is true and
correct.
l
Rich rd J. Watter E
Secretary
6300 Ridglea Place, Suite 700 1 Fort Worth, Texas 76116 1 PH: 817.338.1277 1 FX: 817.338.9245
TBPELS Firm #44, #10011300, #10011302, #10194146
engineering I surveying I landscape
FORTWORTH,
Routing and Transmittal Slip
Transportation & Public Works Department
DOCUMENT TITLE: Baird, Hampton & Brown, Inc.
For: US 287 Freeway Illumination Design Between I1-130-Mitchell and Miller to IH820
M&C:
CPN: CSO:
DOC#:
Date:
To:
Name
Department
Initials
Date Out
1.
Clint Hoover
TPW- Signature
2.
Anna Benavides
TPW — Initials
3.
Martin Phillips
TPW- Initials
P
4.
Lauren Prieur
TPW- Signature
5.
Douglas W. Black
Legal- Signature
6.
William Johnson
ACM- Signature
.
7.
Ronald Gonzales
CSO — Initial
8.
Jannette Goodall
CSO-Signature
,-
9.
Allison Tidwell
CSO-Assign CSC
-
10.
Tabitha Giddings
TPW-Completion
11.
Packyen Wilson
TPW-Initials
10.
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
ROUTING TO CSO: ®YES ❑No
Action Required:
❑ As Requested
❑ For Your Information
® Signature/Routing and or Recording
❑ Comment
❑ File
NEXT DAY: [—]YES ®No
❑ Attach Signature, Initial and Notary Tabs