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Contract 55660-A1
CSC No.55660-A1 AMENDMENT No. 1 TO CITY SECRETARY CONTRACT No. 55660 WHEREAS, the City of Fort Worth (CITY) and HDR Engineering, Inc. , (CONSULTANT) made and entered into City Secretary Contract No. 55660, (the CONTRACT) which was administratively authorized on the 29th day of April, 2021 in the amount of $39, 986 . 00; and WHEREAS, the CONTRACT involves consultant services for the following project : Master Thoroughfare Plan Implementation Support; and WHEREAS, it has become necessary to execute Amendment No. l to the CONTRACT to include an increased scope of work and revised fee . NOW THEREFORE, CITY and CONSULTANT, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CONTRACT: 1 . Article I of the CONTRACT is amended to include the additional consultant services specified in proposal attached (Attachment "A") hereto and incorporated herein. The cost to City for the additional consultant services to be performed by Consultant totals $50, 014 . 00 . (See Attached Funding Breakdown Sheet, Page -4-) 2 . Article II of the CONTRACT is amended to provide for an increase in the fee to be paid to Consultant for all work and services performed under the Contract, as amended, so that the total fee paid by the City for all work and services shall be an amount not to exceed $90, 000 . 00 (Attachment "B") . 3 . All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect . OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX City of Fort Worth, Texas [Master Thoroughfare Plan Implementation Support] Prof Services Agreement Amendment Template [City Project Number CO2373] Revision Date: Auqust 23, 2021 Page 1 of 3 EXECUTED and EFFECTIVE as of the date subscribed by the City' s designated Assistant City Manager. APPROVED: City of Fort Worth Consultant HDR, Inc. �Dana Bi d$of(�v29,20-�1Y.—SOT) CST) Dana Burghdoff L c_as Bathurst, P.E. Assistant City Manager Vice President DATE : Nov 29,2021 DATE : APPROVAL RECOMMENDED: WJ(Nov19420 09:41 CST) William M. Johnson Director, Transportation & Public Works Department 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 . 2 t Kelly Porter(Nov U,2 117:12 CST) Kelly Porter Assistant Director, Transportation & Public Works Department APPROVED AS TO FORM AND LEGALITY: M&C: 21-0757 1 Date : 9/28/2021 DBlack(Nov 29,202112:22 CST) Douglas W. Black Assistant City Attorney ��F FoRr�aa d ATTEST: XY o° °°_ t ado °4d G� Pc�g o Zd OFFICIAL RECORD o d J etteS.Goodall(Dec2,202111: ST) '�°°° °��`p, CITY SECRETARY Jannette Goodall a���EXpSoQ� FT.WORTH, TX City Secretary City of Fort Worth, Texas [Master Thoroughfare Plan Implementation Support] Prof Services Agreement Amendment Template [City Project Number CO23731 Revision Date: August 23, 2021 Page 2 of 3 FUNDING BREAKDOWN SHEET City Secretary No. 55660 Amendment No . 1 Department Fund-Account-Center Amount TPW 39303-0200431-5330500-0O2373-CAPEXP $50, 014 . 00 Total : $50, 014 . 00 City of Fort Worth, Texas [Master Thoroughfare Plan Implementation Support] Prof Services Agreement Amendment Template [City project Number CO2373] Revision Date: August 23, 2021 Page 3 of 3 FORT WORTH. ATTACHMENT "A" Scope for City of Fort Worth Master Thoroughfare Plan (MTP) 2021 Updates 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 MTP 2021 Updates is to continue refining the MTP where required based on City requests to increase flexibility in its application and use. WORK TO BE PERFORMED Task 1. Task Management Task 2. Standard Details Task 3. Complete Streets Checklist Task 4. Informational Visual Cross-Section Task 5. Modeling Analysis Task 6. MTP Arterial Coordination City of Fort Worth, Texas [Master Thoroughfare Plan Implementation Support] Attachment A [City Project Number CO2373] FORT WORTH. TASK 1. PROJECT MANAGEMENT. ENGINEER will manage the work outlined in this scope to provide 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 team resources and activities • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. • Communicate internally among team members 1.2. Communications and Reporting: • Virtually attend four meetings with CITY representatives to coordinate work activities and provide progress updates. • Conduct QC/QA reviews and document those activities • 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 Project Status Reports in the format provided by the respective Transportation and Public Works Department. 1.3 Schedule (Assumes NTP of April 7, 2021) • Initial Draft Standard Details: June 30, 2021 • Final Standard Details: September 29, 2021 • Initial Draft Complete Streets Checklist: July 16, 2021 • Final Complete Streets Checklist: October 20, 2021 • Initial Draft Information Visual Cross-Section: August 18, 2021 • Final Informational Visual Cross-Section: November 17, 2021 • Task 5 Modeling Analysis Results: August 12, 2021 • Task 6 MTP Arterial Coordination Recommendations: October 31, 2021 TASK 2. STANDARD DETAILS ENGINEER will prepare a set of standard details, corresponding to the sections available in the MTP, to be included in the City's standards for street construction. ENGINEER will develop an approach that does not require individual details for each of the --80 MTP cross- sections; rather, the number of detail sheets will be limited to up to 25. ENGINEER will achieve this reduced number by some combination of the following: City of Fort Worth, Texas [Master Thoroughfare Plan Implementation Support] Attachment A [City Project Number CO2373] FORT WORTH. • Excluding certain sections that are rare and/or obvious compared to other details prepared under this task. • Developing "modular" details that allow different pieces of multiple details to be assembled into representative details for each section. o Evaluate modular vs. individual cross-sections o Provide example of modular for CoFW internal/external discussion • Including variable width dimensions plus associated criteria tables within the same detail sheet. Details will cover arterials and collectors; local streets will not be included. ENGINEER will attend up to three (3)virtual meetings with City staff, and up to three (3) virtual meetings with the Development Advisory Committee (a total of up to six (6) meetings) in support of this task. ENGINEER will deliver the details in both DWG and PDF formats. TASK 3. COMPLETE STREETS CHECKLIST ENGINEER will prepare two (2) checklists to be used in ensuring compliance of capital and development roadway projects with the City's Complete Streets Guidance. Separate checklists will be prepared for Established Thoroughfares and new thoroughfares. The intent of the checklists will be to ensure that Complete Streets principles are not overlooked in project planning, funding, and design. The checklists will consist of questions to be answered, and issues to be considered, while developing a project. Where reasonable, the checklists will point to available resources (TMP, Complete Streets Policy, etc.) rather than regurgitating them. ENGINEER will attend up to three (3)virtual meetings with staff in support of this task. Each checklist is expected to be contained on one 8.5" x 11" sheet. The checklists will be delivered in PDF and native (MSWord or Excel)formats. TASK 4. INFORMATIONAL VISUAL CROSS-SECTION ENGINEER will create a one-page above-ground/underground graphical cross-section of a Fort Worth City street, similar to the "Agency Roles on the City's Streets" graphic included in the City of Dallas' Complete Streets Design Manual (June, 2012). The 11"x17" color graphic will depict street usage, public realm usage, plantings, street furniture, building fronts, above-ground utilities, and underground utilities to the extent that a general understanding is conveyed of typical placement of elements in the right-of-way along with City departments or other agencies entities that oversee these areas. The graphic will be conceptual and not to scale. City of Fort Worth, Texas [Master Thoroughfare Plan Implementation Support] Attachment A [City Project Number CO2373] FORT WORTH. ENGINEER will attend up to three (3)virtual meetings with City staff, and up to three (2) virtual meetings with the Development Advisory Committee (a total of up to five (5) meetings) in support of this task. ENGINEER will deliver the graphic in a PDF format. TASK 5. MODELING ANALYSIS ENGINEER will develop a VISTRO model of the area surrounding Walsh Ranch, roughly bounded by 1-20 on the north, FM 2871 (Chapin School Road) on the east, FM 1187 on the west, and US 377 on the southeast. ENGINEER will use the VISTRO model to determine, at a planning/high level, the potential for modifications to the MTP network (including the potential elimination of an east-west thorough fare) in conjunction with proposed industrial development in the Walsh Ranch area. ENGINEER will develop daily trip generation and distribution assumptions for Walsh Ranch, Dean Ranch, Veale Ranch, and Team Ranch based on development plans provided by the City. ENGINEER will develop similar assumptions for other relevant development areas in the Study Area based on the City's Future Land Use Map. ENGINEER will also estimate future background traffic on the Study-Area network. ENGINEER will assign daily trips to the VISTRO network and will evaluate the adequacy of the MTP network to accommodate buildout traffic based on assumed daily capacities and resulting daily volume-to-capacity ratios. ENGINEER will analyze up to three (3) network alternatives to determine the adequacy of each. ENGINEER will develop a technical memorandum documenting the study process, results, and recommendations. ENGINEER will attend up to five meetings associated with this specific work. TASK 6. MTP ARTERIAL COORDINATION ENGINEER will attend MTP arterial infrastructure coordination meetings pertaining to water and sewer infrastructure associated with Task 5. ENGINEER will review arterial alignment options and provide subsequent recommendation. City of Fort Worth, Texas [Master Thoroughfare Plan Implementation Support] Attachment A [City Project Number CO2373] cn U y 9 y [p R n�i Z am d O 6A tli 6A 6A E9 6A U3 U3 f9 U3 EA Li EA EA EA EA N EA e9 N E d EA E S J a 3 LL W d (/1<0 6 w CO R W U y F H l0 9 d 0 0 76 [o ~ a` w O O t9 E9 f9 E9 �N f9 f9 f9 N m O O u w mM y> y> W D � m H O N d d @ c ~ d W W m C � R C 3 O C Z O U a W 3 m N C O N TEA 0 0 0 N CO t0 O M t0 I� O N m IA lzJ T to I� W OIl •�a R`� V� - fD N la'N N� c M� W c+i� Oi:O Oi c 2 C.7 di EA e9 Li s3 s3 Li Z a1 O Q1 I F � Q1 M uNa w d M M (/� Q Q Q > tlf W w p C R as Z a.w 2 m N W US R � a a 2 w m a) a) o a � !n () W o C r V o n tm s U) cai r Y p MO O 7 m CO N N L O(O m N N O L � a1 s (n N V 0 0 f0 m m 0 0 M O O m LJ f0 N O O O Of I V N Yf Cj R U d EA J d c O'- a` c w d d Ny a m N� N fl O M y f1!9 O d a`o d m m � e c 0 d T c E m d - O 7. N C d E O U Y d C7 a O d R a R U _ d U d R L c E N E RW > R N cl N R R m d O N~ a M o Q > a M N Ip a C C NU p t L O O 7 7 7 d d o c m E N 3 m c N.6 a>Q a „ a ni m ;: o d o F o 0 0 a� N c� Z N N N M N 7 N M V N N W d y N N V V cG fC R � J� D � � ?)m O d LL E Q O L Q >,Yb a a \ \\ ({ LU _)j \ \ J ® } ; 7 7 A CO � c / 5 $ 2 k = Q - � k2S = z [w ) i2 ) w m0� > E © 7 � — � � , d ! I o cn Z _ w 0 \ « > (n0LU } _ LU a. ) � kk (2 ))\ » )\ 0 )) 11/12/21, 1:10 PM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F°RT�1' DATE: 9/28/2021 REFERENCE **M&C 21- LOG NAME: 20MASTER THOROUGHFARE PLAN NO.: 0757 SUPPORT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL)Authorize Execution of Amendment No. 1 to City Secretary Contract No. 55660, an Engineering Agreement with HDR Engineering Inc., in the Amount of$50,014.00 for a Revised Contract Amount of$90,000.00 to Provide Arterial Network Analysis and Support and Adopt Attached Appropriation Ordnance RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Amendment No. 1 to City Secretary Contract No. 55660 in the amount of $50,014.00 for a revised contract amount of $90,000.00 to provide master thoroughfare plan arterial network analysis and support (City Project Number: CO2373); and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the in the Transportation and Public Works Gas Lease Project Legacy Fund in the amount of $28,594.74, from available funds, for the purposes of funding the Master Thoroughfare Plan Project (City Project Number CO2373). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to secure HDR Engineering Inc., services for additional Master Thoroughfare Plan (MTP) arterial network analysis and support. In April 2021, the City of Fort Worth entered into a consultant agreement with HDR Engineering Inc., to provide on-call MTP Implementation support. The objective of the agreement is to refine the MTP, upon City requests, to increase flexibility in application and use of the MTP. The scope of work under Tasks 1 —4 of the agreement included 1) Task Management; 2) Standard Details; 3) Complete Streets Checklist; and 4) Informational Visual Cross-section. In August 2021, city staff identified an additional need for MTP arterial network modeling to evaluate potential realignment and/or elimination of arterial facilities due to alternative land-uses and the need for on-call services to support MTP roadway coordination with water and sewer infrastructure based on the land-use alternatives. The addition of Task 5 MTP modeling support in the amount of $40,032.00 allows for transportation modeling of arterial network alternatives to analyze different land- use options. The addition of Task 6 in the amount of$9,982.00 allows for MTP infrastructure coordination with water and sewer infrastructure of these arterial network alternatives. The $28,594.74 in TPW Gas Lease Project Legacy Fund combined with the existing available project balance funds in the amount of$25,693.54, provides funds in the amount of$54,288.28 to support Task 5, Task 6 and city staff costs. The project is located in All COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified-Gas Lease Rev within the TPW Gas Lease Project Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the TPW Gas Lease Project Fund for the Master Thoroughfare Plan (MTP) project to support the approval of the above recommendations and execution of the amendment. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility of verifying the availability of funds. apps.cfwnet.org/council_packet/mc_review.asp?ID=29305&councildate=9/28/2021 1/2 11/12/21, 1:10 PM M&C Review TO Fund Department Account Project Program Activity Budget Reference# Amount I ID ID Year I (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Monty Hall (8662) David Jodray (2891) ATTACHMENTS 20MASTER THOROUGHFARE PLAN 39303.docx apps.cfwnet.org/counciI_packet/mc_review.asp?ID=29305&counciIdate=9/28/2021 2/2 FORT WORTH. Routing and Transmittal Slip Transportation & Public Works DOCUMENT TITLE: HDR MTP Services M&C: CPN: CSO: DOC#: 1 Date: 04/26/2021 To: Name Department Initials Date Out 1. Jennifer West TPW-BSP /iE,,L 2. Julia Ryan TPW - PM J M R 04/26/21 3. William Johnson TPW—Director w 4. Doug Black Legal one 5. Dana Burghdoff CMO 6. 1 Mary Kayser CSO 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: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information © Signature/Routing and or Recording ❑ Comment ❑ File Return To: at ext. for pick up when completed. Thank you! CSC No.55660 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home-rule municipality ("City"), and HDR Engineering, Inc., authorized to do business in Texas ("Consultant"), for a project generally described as: Master Thoroughfare Plan Implementation Support ("Project"). Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $39,986.00 ("Contract Amount") in accordance with the Fee Schedule shown 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. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant 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. The term of this Agreement shall commence on the Effective Date and City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:April 7,2021 Page 1 of 8 shall continue until the expiration of the funds or completion of the subject matter pursuant to the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, THAT MAYRELATE TO, ARISE OUT OF OR BE OCCASIONED BYCONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITr OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:April 7,2021 Page 2 of 8 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article Vill Force Majeure City and Consultant 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. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:April 7,2021 Page 3 of 8 Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII 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 City's Business Equity Ordinance (Ordinance No. 24535-11-2020 as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Consultant'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 Consultant may result in the termination of Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:April 7,2021 Page 4 of 8 Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect 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. Consultant 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 or its subcontractor(s). Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s)who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant 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 Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:April 7,2021 Page 5 of 8 interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant 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 Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Jeremy Williams Transportation and Public Works 200 Texas Street Fort Worth, Texas 76244 Consultant: HDR, Inc. Attn: Lucas Bathurst 600 West 6th Street, Suite 200 Fort Worth, TX 76102 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time-employees and the City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:April 7,2021 Page 6 of 8 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, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XX Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. Article XXI Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement Attachment D - Project Schedule Attachment E - Location Map Attachment F— Insurance Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE AND ATTACHMENTS TO FOLLOW City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:April 7,2021 Page 7 of 8 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT HDR ENGINEERING, INC. Dana BlAYat7doAc Dana Burghdoff pr29,202121:18 CDT) Dana Burghdoff Lu as A. Bathurst, PE Assistant City Manager ' e President Date: Apr 29,2021 Date: 04/21/2021 APPROVAL RECOMMENDED: Z )fiL r [3 :William lohnso (Apr29,202109:40 CDT) 7 William Johnson Director, Transportation & Public Works Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting Form 1295 No. n/a requirements. M&CNo.: n/a Julia Ryan Transportation Manager M&C Date: n/a APPROVED AS TO FORM AND LEGALITY ATTEST: �� By:DBlack(Apr29,202110:227) m (/s//,/y lv Douglas W. Black 1�,� Assistant City Attorney Mary J. Kayser City Secretary City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:April 7,2021 Page 8 of 8 FORT WORTH. ATTACHMENT "A' Scope for City of Fort Worth Master Thoroughfare Plan (MTP) 2021 Updates 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 MTP 2021 Updates is to continue refining the MTP where required based on City requests to increase flexibility in its application and use. WORK TO BE PERFORMED Task 1. Task Management Task 2. Standard Details Task 2. Complete Streets Checklist Task 3. Informational Visual Cross-Section City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 3 FORT WORTH, TASK 1. PROJECT MANAGEMENT. ENGINEER will manage the work outlined in this scope to provide 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 team resources and activities • Ensure Quality Control /Quality Assurance (QC/QA) is practiced in performance of the work. • Communicate internally among team members 1.2. Communications and Reporting: • Virtually attend four meetings with CITY representatives to coordinate work activities and provide progress updates. • Conduct QC/QA reviews and document those activities • 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 Project Status Reports in the format provided by the respective Transportation and Public Works Department. 1.3 Schedule (Assumes NTP of April 7, 2021) • Initial Draft Standard Details: June 30, 2021 • Final Standard Details: September 29, 2021 • Initial Draft Complete Streets Checklist: July 16, 2021 • Final Complete Streets Checklist: October 20, 2021 • Initial Draft Information Visual Cross-Section: August 18, 2021 • Final Informational Visual Cross-Section: November 17, 2021 TASK 2. STANDARD DETAILS ENGINEER will prepare a set of standard details, corresponding to the sections available in the MTP, to be included in the City's standards for street construction. ENGINEER will develop an approach that does not require individual details for each of the -80 MTP cross- sections; rather, the number of detail sheets will be limited to up to 25. ENGINEER will achieve this reduced number by some combination of the following: • Excluding certain sections that are rare and/or obvious compared to other details prepared under this task. City of Fort Worth,Texas Page 2 of 3 Attachment A PMO Release Date:02.06.2015 Page 2 of 3 FORT WORTH. • Developing "modular" details that allow different pieces of multiple details to be assembled into representative details for each section. o Evaluate modular vs. individual cross-sections o Provide example of modular for CoFW internal/external discussion • Including variable width dimensions plus associated criteria tables within the same detail sheet. Details will cover arterials and collectors; local streets will not be included. ENGINEER will attend up to three (3) virtual meetings with City staff, and up to three (3) virtual meetings with the Development Advisory Committee (a total of up to six (6) meetings) in support of this task. ENGINEER will deliver the details in both DWG and PDF formats. TASK 3. COMPLETE STREETS CHECKLIST ENGINEER will prepare two (2) checklists to be used in ensuring compliance of capital and development roadway projects with the City's Complete Streets Guidance. Separate checklists will be prepared for Established Thoroughfares and new thoroughfares. The intent of the checklists will be to ensure that Complete Streets principles are not overlooked in project planning, funding, and design. The checklists will consist of questions to be answered, and issues to be considered, while developing a project. Where reasonable, the checklists will point to available resources (TMP, Complete Streets Policy, etc.) rather than regurgitating them. ENGINEER will attend up to three (3) virtual meetings with staff in support of this task. Each checklist is expected to be contained on one 8.5" x 11" sheet. The checklists will be delivered in PDF and native (MSWord or Excel) formats. TASK 4. INFORMATIONAL VISUAL CROSS-SECTION ENGINEER will create a one-page above-ground/underground graphical cross-section of a Fort Worth City street, similar to the "Agency Roles on the City's Streets" graphic included in the City of Dallas' Complete Streets Design Manual (June, 2012). The 11"x17" color graphic will depict street usage, public realm usage, plantings, street furniture, building fronts, above-ground utilities, and underground utilities to the extent that a general understanding is conveyed of typical placement of elements in the right-of-way along with City departments or other agencies entities that oversee these areas. The graphic will be conceptual and not to scale. ENGINEER will attend up to three (3) virtual meetings with City staff, and up to three (2) virtual meetings with the Development Advisory Committee (a total of up to five (5) meetings) in support of this task. ENGINEER will deliver the graphic in a PDF format. City of Fort Worth,Texas Page 3 of 3 Attachment A PMO Release Date:02.06.2015 Page 3 of 3 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. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liabilityor 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 the Project. If Insured owns no vehicles, coverage for hired or non-owned 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. c. Workers' Compensation— Insured shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability CFW Standard Insurance Requirements Page 1 of 3 Rev. 10.03.18 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 Engineer 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 claims-made, 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 thereon, subject to any defense provided by the policy, as its interests may appear. 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 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the CFW Standard Insurance Requirements Page 2 of 3 Rev. 10.03.18 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. 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 consentto 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 Contract Compliance Manager any known loss or occurrence which could give rise to a liability claim or lawsuit 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. 10.03.18 FORT WORTH, TASK 1. PROJECT MANAGEMENT. ENGINEER will manage the work outlined in this scope to provide 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 team resources and activities • Ensure Quality Control /Quality Assurance (QC/QA) is practiced in performance of the work. • Communicate internally among team members 1.2. Communications and Reporting: • Virtually attend four meetings with CITY representatives to coordinate work activities and provide progress updates. • Conduct QC/QA reviews and document those activities • 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 Project Status Reports in the format provided by the respective Transportation and Public Works Department. 1.3 Schedule (Assumes NTP of April 7, 2021) • Initial Draft Standard Details: June 30, 2021 • Final Standard Details: September 29, 2021 • Initial Draft Complete Streets Checklist: July 16, 2021 • Final Complete Streets Checklist: October 20, 2021 • Initial Draft Information Visual Cross-Section: August 18, 2021 • Final Informational Visual Cross-Section: November 17, 2021 TASK 2. STANDARD DETAILS ENGINEER will prepare a set of standard details, corresponding to the sections available in the MTP, to be included in the City's standards for street construction. ENGINEER will develop an approach that does not require individual details for each of the -80 MTP cross- sections; rather, the number of detail sheets will be limited to up to 25. ENGINEER will achieve this reduced number by some combination of the following: • Excluding certain sections that are rare and/or obvious compared to other details prepared under this task. City of Fort Worth,Texas Page 2 of 3 Attachment A PMO Release Date:02.06.2015 Page 2 of 3 FORT WORTH. • Developing "modular" details that allow different pieces of multiple details to be assembled into representative details for each section. o Evaluate modular vs. individual cross-sections o Provide example of modular for CoFW internal/external discussion • Including variable width dimensions plus associated criteria tables within the same detail sheet. Details will cover arterials and collectors; local streets will not be included. ENGINEER will attend up to three (3) virtual meetings with City staff, and up to three (3) virtual meetings with the Development Advisory Committee (a total of up to six (6) meetings) in support of this task. ENGINEER will deliver the details in both DWG and PDF formats. TASK 3. COMPLETE STREETS CHECKLIST ENGINEER will prepare two (2) checklists to be used in ensuring compliance of capital and development roadway projects with the City's Complete Streets Guidance. Separate checklists will be prepared for Established Thoroughfares and new thoroughfares. The intent of the checklists will be to ensure that Complete Streets principles are not overlooked in project planning, funding, and design. The checklists will consist of questions to be answered, and issues to be considered, while developing a project. Where reasonable, the checklists will point to available resources (TMP, Complete Streets Policy, etc.) rather than regurgitating them. ENGINEER will attend up to three (3) virtual meetings with staff in support of this task. Each checklist is expected to be contained on one 8.5" x 11" sheet. The checklists will be delivered in PDF and native (MSWord or Excel) formats. TASK 4. INFORMATIONAL VISUAL CROSS-SECTION ENGINEER will create a one-page above-ground/underground graphical cross-section of a Fort Worth City street, similar to the "Agency Roles on the City's Streets" graphic included in the City of Dallas' Complete Streets Design Manual (June, 2012). The 11"x17" color graphic will depict street usage, public realm usage, plantings, street furniture, building fronts, above-ground utilities, and underground utilities to the extent that a general understanding is conveyed of typical placement of elements in the right-of-way along with City departments or other agencies entities that oversee these areas. The graphic will be conceptual and not to scale. ENGINEER will attend up to three (3) virtual meetings with City staff, and up to three (2) virtual meetings with the Development Advisory Committee (a total of up to five (5) meetings) in support of this task. ENGINEER will deliver the graphic in a PDF format. 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