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HomeMy WebLinkAboutContract 49735 CITY SECRETARY CONTRACT NO. 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 (the "CITY"), and Jacobs Engineering Group Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: East 1St Street Bridge and Arcadia Trail Connection. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation The ENGINEER's compensation shall be in the amount of $ 88,185.00 (Eighty-eight Thousand One Hundred Eighty-five Dollars as set forth in Attachment B). Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The ENGINEER shall provide the CITY sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Texas N Z 3 4 S 6 Standard Agreement for Engineering Related Design Services 8 Revised Date: Q . Page 1 of 17 y O OFFICIAL RECORD Q RECEIVED CITY SECRETARY N OCT 3 2017 N FT.WORTH TX C17YOFFORTMRTH p! 117ySECRETARY d (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 2 of 17 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. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 3 of 17 ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 4 of 17 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. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the CITY has goals for the participation of minority business enterprises and/or small business enterprises in CITY contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 5 of 17 facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial 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 the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 6 of 17 acceptable. i. ENGINEER waives all rights against the CIN and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 7 of 17 d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. L The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 8 of 17 insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this AGREEMENT which the ENGINEER could City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 9 of 17 not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 10 of 17 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. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of CITY, CITY hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 11 of 17 (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. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 12 of 17 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 The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) for convenience only by the City on 30 days'written notice. 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 of written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 13 of 17 C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control, other than liability for damage to the extent caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 14 of 17 I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be 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. Article VII Attachments, Schedules and Counterparts This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 15 of 17 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 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 ENGINEER Jacobs Engineering Group Inc. S san Alanis ssistant City Manager Date: 1 (Signatory's Printed Name) V/.C,f PrajCI - - (Signatory's Printed Title) Date: APPROVAL RECOMMENDED: r By: ichard Zavala 'rector, Park and Recreation Dept. Contract Compliance Manager: By signing, 1 acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Dwight T or Project M City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date. Page 16 orf 1 OFFICIAL RECORD CI` Y SECRETARY FT. WORTH, TX �. �, i, APPROVED AS TO FORM AND LEGALITY By: ig2aA�� Douglas W. Black Senior Assistant City Attorney Form 1295 No.: N/A ATTEST: M&C No.: N/A M ary'j. ORT City�Weit M&C Date: N/A 0 7'EX OFFICIAL RECORD CITY SECRETARY FT,9 W ORTH,TX City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 17 of 17 Attachment A Scope of Services East 1St Street Bridge PURPOSE The two-lane East 1St Street Bridge over the West Fork Trinity River in east Fort Worth has recently been replaced by a new adjacent four-lane bridge. The original twenty-foot-width bridge, built in 1936, is comprised of concrete piers and abutments, steel arch girders,and decorative steel railings with historic character. The purpose of this project is to (1) design for reuse the original vehicle-only bridge as a trail bridge for pedestrian/bicycle use only and to(2) connect the Gateway Park Trail system to the Quanah Parker Park Trail system. The converted bridge and new connecting trails are anticipated to include features such as pedestrian/bicycle plazas, historic plaques, small shade structures, benches,decorative paving, and structure/safety improvements. Basic services of the project work will include preparation of schematic design concepts and opinions of probable cost for anticipated bridge and trail improvements based on input provided by CITY. Additionally, special services of the project work will include structural investigation. This information will be used for final project budgeting and preparation of future construction documents. The ENGINEER(defined as Jacobs Engineering Group Inc.) scope, is as described in detail below: BASIC SERVICES ENGINEER shall be responsible for undertaking the following tasks for the project. Submittals for all tasks shall include electronic PDF and three paper(3) hardcopies(unless noted otherwise). 1. Coordination/Management/Communication ENGINEER shall perform the following tasks: A) Attend a project kick-off meeting with the CITY to review project scope,schedule, deliverables, and expectations for the project. B) Lead and manage the ENGINEER and sub-consultant design team throughout the project. C) Communicate regularly by phone and email with the CITY staff as needed. D) Provide to the CITY a one-page project status report on the last business day of each month throughout the project. Attachment A Scope of Services E 1"Street Bridge&Arcadia Trail Connection Page 1 of 10 E) Participate in meetings and planned phone conferences with the CITY as noted below. 2. Data Review/Site Visit/Base Map ENGINEER shall perform the following tasks: A) Gather and review available relevant project data provided by CITY and other sources. B) Visit the project site to observe and photographically document existing conditions as necessary for completion of the project. C) Prepare a project base map for the project utilizing available relevant project data and Google Earth mapping.The project base map shall be delivered in both 22 x 34 inch and 11 x 17 inch format with black and white line work (and with full-color aerial photo background which can be turned on or off as requested by CITY). D) Attend a meeting with the CITY to review project data, photos,base map,and information resulting from special services tasks prior to proceeding with schematic design. 3. Schematic Design (30%CD Level) ENGINEER shall perform the following tasks: A) Prepare one schematic design concept for conversion of the original vehicular bridge to a pedestrian/bicycle-only bridge with off-bridge pedestrian/bicycle 'plazas',concrete trails connecting bridge to existing 8-foot width concrete trail system,enhanced bridge deck paving, bridge railing safety component additions, benches, pedestrian/bicyclist shade structures, bridge repairs, historic/interpretive/informative plaques, and off- bridge pedestrian lighting, railings, benches, monuments/seat walls, etc. This concept shall include certain alternatives of various components for discussion that will form the final concept. Concepts shall include simple color illustrations(plan,elevation, and section views)for the concept (11"x 17",color, landscape format,with labeling and resolution at level for printing at 22"x 34" and in black and white). B) Provide a preliminary schematic design opinion of probable construction cost for the concept. C) Attend a meeting with the CITY to discuss the preliminary alternative schematic design concept and cost opinion and obtain CITY input prior to preparing final alternative schematic design. D) Based on input provided by the CITY, prepare final schematic design (30%construction document level). E) Prepare final schematic design opinion of probable construction cost. Attachment A Scope of Services E 11 Street Bridge&Arcadia Trail Connection Page 2 of 10 SPECIAL SERVICES 1. Special Service-Structural Inspection ENGINEER shall perform the following task: A) Provide structural evaluation for conversion of the original vehicular bridge to a pedestrian/bicycle-only bridge utilizing TxDors standard bridge inspection program criteria provided by the CITY. Any additional structural evaluation beyond TxDors standard inspection criteria, if required by ENGINEER for determination of structural capacity and limitations related to repair/removal/replacement of existing deck surface, repair of existing abutments/wing walls,or other demolition/construction activities and proposed improvements(such as on-bridge benches,small shade structures, railing safety modifications, and adjacent off-bridge walls, monuments, lighting, etc.) shall be provided by ENGINEER. ENGINEER shall provide the following: 1. Basic Service:Visually inspect the deck surface,curbs,end abutment wing walls, and guard rails for damages. 2. Extended Service: Inspect the underside of the bridge deck and the columns. This includes 2 days of field work with two people and snooper truck rental. 3. Estimate repair costs. 4. Prepare Inspection Report,which will include photos documenting observed damage,sketches, repair recommendations,and rough order of magnitude repair cost. 5. Assumptions a. Existing bridge plans will be provided by the CITY. b. No bridge rating will be performed. C. No underwater or fracture-critical inspections of the bridge will be performed. d. No material testing will be conducted,and no lead paint check will be provided. B) Attend a meeting with CITY to review structural evaluation. Attachment A Scope of Services E 1"Street Bridge&Arcadia Trail Connection Page 3 of 10 ASSUMPTIONS 1. This scope of basic and special services shall not include any services or work products beyond those specifically described above. 2. CITY shall provide review, coordination,and submittals related to historic resources. 3. CITY shall provide review, coordination,and submittals related to tree preservation. 4. This scope of work doesn't include any survey or geotechnical investigation. This work can be provided as an extra service if the CITY chooses, or can be done as part of the next phase of work. Arcadia Trail Connection PURPOSE A gap of approximately 1135 feet currently exists in Fort Worth's Arcadia Trail located in the Arcadia Trail Park trail system in northeast Fort Worth adjacent to the City of Watauga city limits. The purpose of this project is to design a new segment of trail, including a low water bridge,to fill the current trail gap by connecting the existing Fort Worth trail to the existing Watauga trail section. Basic services of the project work will include preparation of schematic design and opinion of probable cost for the proposed trail segment and low water bridge crossing based on the initial design concept and cost opinion provided by CITY. Additionally, special services of the project work will include topographic survey, hydraulic/hydrology analysis, and environmental permit requirements analyses including wetland delineation. This information will be used for final project budgeting and preparation of future construction documents. BASIC SERVICES ENGINEER shall be responsible for undertaking the following tasks for the Arcadia Trail Connection project. Submittals for all tasks shall include electronic PDF and three paper(3) hardcopies(unless noted otherwise). 1. Coordination/Management/Communication ENGINEER shall perform the following tasks: A) Attend a project kick-off meeting with the CITY to review project scope,schedule, deliverables, and expectations for the project. B) Lead and manage the ENGINEER and sub-consultant design team throughout the project. Attachment A Scope of Services E 111 Street Bridge&Arcadia Trail Connection Page 4 of 10 C) Communicate regularly by phone and email with the CITY staff as needed. D) Provide to the CITY a one-page project status report on the last business day of each month throughout the project. E) Participate in meetings and planned phone conferences with the CITY as noted below. 2. Data Review/Site Visit/Base Map ENGINEER shall perform the following tasks: A) Gather and review available relevant project data provided by CITY and other sources. B) Visit the project site to observe and photographically document existing conditions as necessary for completion of project. C) Prepare a project base map for the project utilizing available relevant project data and information resulting from special services tasks. The base map shall include, at a minimum,the following elements within the project limits of each study area. The project base map shall be delivered in both 22 x 34 inch and 11 x 17 inch format with black and white line work (and with full-color aerial photo background which can be turned on or off as requested by CITY). D) Attend a meeting with CITY to review project data, photos, base map, and information resulting from special services tasks prior to proceeding with schematic design. 3. Schematic Design (30%CD Level) ENGINEER shall perform the following tasks: A) Utilizing the proposed trail alignment concept provided by the CITY, prepare preliminary schematic design documents (30%construction document level)for proposed 8-foot width concrete trail,8-foot clear width low-water bridge, related walls and erosion protection,construction access, and construction limits. Trail design documents shall include proposed trail plan/profile,grading plan, design documents for bridge abutments,span, and related walls/erosion protection, and elevation/section views. Design of trail grading shall eliminate the need for retaining walls along the trail, if possible,while meeting requirements for ADA compliance. Design of the low-water bridge will be generally based on the nearest upstream low-water bridge design (located approximately 700 feet northwest of proposed new low-water bridge location; photos and dimensions available from CITY). Provide preliminary schematic design set at 22" x 34" (full size)/11" x 17" (half size) black and white. Provide a single overall project plan view with trail/bridge/wall line work and labels over color aerial photo background at 22" x 34" (full size)/11"x 17" (half size) black and white. B) Provide preliminary schematic design opinion of probable construction cost. Attachment A Scope of Services E 11 Street Bridge&Arcadia Trail Connection Page S of 10 C) Attend a meeting with CITY to discuss the preliminary schematic design and cost opinion and obtain CITY input prior to conducting hydraulic/hydrology analysis and preparing Final Schematic Design. D) Based on input provided by CITY, and following hydraulic/hydrology analysis, prepare Final Schematic Design document(30%construction document level). E) Prepare Final Schematic Design opinion of probable construction cost. SPECIAL SERVICES 1. Special Service-Topographic Survey ENGINEER shall perform the following tasks: A) Conduct topographic surveys as required for project design. At a minimum,the area of survey coverage shall be 15 feet each side of the proposed trail centerline (30 feet total width) as shown on alignment concept provided by CITY(approximately 1135 feet length). Survey shall include 1-foot contours, location and identification of single-trunk trees with trunk diameter of 4 inches and greater, and any tree with crown diameter of 8 feet or greater, location and identification of surface/overhead/subsurface features, improvements, and utilities that cross the proposed trail. Datum will be tied to a benchmark or datum designated by the CITY. ENGINEER shall also provide the survey to CITY in both AutoCAD and PDF electronic format both bearing the seal and signature of a Texas Registered Professional Land Surveyor. The following itemized surveying services are to be provided: 1. Establish horizontal and vertical control for the project.The horizontal control shall be tied to NAD83, North Central Zone 4202, utilizing a scale factor of 1.00012,a minimum of four(3)control points will be set.The Vertical control shall be tied to City of Fort Worth vertical datum; minimum of(2)temporary benchmarks shall be set for construction. 2. Tie all improvements X,Y&Z (storm drains, manholes,trees, wetland delineation,walkways etc.)along the proposed hike and bike trail for approximately 1135 linear feet, including the proposed creek crossing. Provide flowline elevations of all sanitary sewer, storm drainage inlets and manholes the cross the route.The survey shall expand a sufficient width on the east bank of the creek to allow for variations in the proposed path. The survey shall also locate the wetland delineation. 3. Prepare a final design/topographic drawing in a digital format showing all features located in the field,one-foot interval contours and a TIN file. Attachment A Scope of Services E 11 Street Bridge&Arcadia Trail Connection Page 6 of 10 Deliverables shall also include a copy of the field notes, an ASCII coordinate file of all points located in the field and a hard copy of the coordinates. 2. Special Service-Hydrology/Hydraulic Study ENGINEER shall perform the following tasks: A) Provide preliminary hydrologic/hydraulic analysis and documentation necessary to determine preliminary schematic design that will satisfy CITY iSWM and floodplain permitting requirements. The Arcadia Trail site is located approximately one-quarter mile north of Western Center Boulevard, east of Amberdale Drive,west of Bison Trail, and south of Yampa Trail. Whites Branch is found in the FEMA Flood Insurance Study (FIS) and on Flood Insurance Rate Map (FIRM) number 48439C Panel 0185K. 1. Flood Study: The purpose of this scope of services is to provide a flood study for Whites Branch,and develop an adequate low water bridge crossing at the proposed crossing. a. Data Collection 1. Assemble existing models,calculations,files and other pertinent information.This task also includes a site visit to examine existing conditions of the streambed and project site. This scope assumes that existing models of Whites Branch are available through the CITY or FEMA. b. Hydrology 1. Effective FEMA hydrology will be used for the 10-, 50-, 100-, and 500-year peak discharges for existing conditions. Ultimate flows from a previously approved flood study can be used for planning purposes. No revised hydrology is provided with this scope of services. C. Hydraulics 1. The FEMA Flood Insurance Study(FIS) included a detailed hydraulic model of Whites Branch. However, modifications to that effective floodplain and floodway model will be required to develop accurate models to determine the impacts of the proposed low water bridge.This scope of services includes hydraulic model of Whites Branch from approximately Western Center Blvd upstream to approximately 1500 feet upstream of the proposed bridge location. If mitigation can't be provided within this area to get the '0' rise,then project limits will be adjusted under additional services. Attachment A Scope of Services E 1"Street Bridge&Arcadia Trail Connection Page 7 of 10 2. The effective hydraulic model will be revised to more accurately represent the existing conditions of Whites Branch. Up to four (4)additional cross sections will be added to model the proposed bridge and hydraulic parameters updated. 3. The existing conditions model will be revised to include the proposed trail bridge alignment that is within the FEMA effective floodplain and floodway.The proposed low water bridge will be designed as a schematic such that the impacts of the bridge crossings meet the City of Fort Worth and FEMA requirements. 4. Schematic design of the proposed low water bridge will include options that meet the '0' rise criteria for a crossing in the FEMA effective floodway with a 10-year and 100-year storm design mitigation measures.This bridge design may require a Conditional Letter of Map Revision (CLOMR) because it is crossing the FEMA effective floodway, but the assumption at this time is that a CLOMR is not required. 5. One option will be modeled using the FEMA floodplain and floodway models.The proposed option will be coordinated to limit water of the US impacts. d. Flood Study Memo 1. Prepare preliminary flood study memo to outline the existing and proposed conditions peak discharges and the existing and proposed floodplain and floodway. 2. Meet with CITY to discuss findings and option approval. 2. Deliverables a. ENGINEER will provide floodplain maps for existing and proposed conditions that show calculated 100-year water surface elevations and floodway.The proposed 100-year floodplain will show the impacts of the proposed bridge crossings. b. ENGINEER will provide a report to describe the hydrologic and hydraulic analysis and summary of the flood study.The report will provide the effective peak discharges,water surface elevations and summary of the proposed development conditions, including bridge sizes. Attachment A Scope of Services E 1't Street Bridge&Arcadia Trail Connection Page 8 of 10 3. Assumptions a. Hydraulic modeling will be performed only on Whites Branch as discussed in the limits of this study.Should additional modeling be required on other waterways,they will be accomplished as Additional Services. b. This scope of work assumes that the flood study can achieve 0.0' rise and a Conditional Letter of Map Revision is not required. C. This scope designs one schematic mitigation grading plan for one low water structure design, if changes are required that will be provided as additional services. d. This scope of services does not include proposed development encroachments. e. Upon completion of the low water bridge crossing and floodplain impacts, a Letter of Map Revision may be required.A Letter of Map Revision (LOMR) and as-built survey are not included in this scope. f. This study does not include a detention analysis or analysis of other channel modifications. g. Preparing and submitting a Floodplain Development Permit application to the City of Fort Worth for this site would be done during Phase Two. B) Attend a meeting with CITY to review flood study results. 3. Special Service-Environmental Review ENGINEER shall perform the following tasks: A) Provide preliminary investigation into Waters of the U.S.and USACE Section 404 necessary to determine(based on preliminary schematic design)the permitting that will be required for the project during final design phase. For the preliminary investigation into Waters of the U.S.and USACE Section 404 permitting at the Acadia Park Trail site,the following tasks shall be performed during Phase One: 1. Conduct Desktop Review. 2. Conduct field delineation of wetlands. 3. Process field data. 4. Prepare summary report/memo of findings. B) Attend a meeting with CITY to review report and findings. Attachment A Scope of Services E 11 Street Bridge&Arcadia Trail Connection Page 9 of 10 ASSUMPTIONS 1. This scope of basic and special services does not include any services or deliverables beyond those specifically described above. 2. CITY shall provide review, coordination,and submittals related to tree preservation. 3. This scope doesn't include any geotechnical investigation.This will need to be part of the next phase to provide information for the low water crossing structure design. End of Scope Attachment A Scope of Services E 111 Street Bridge&Arcadia Trail Connection Page 10 of 10 Attachment B Compensation The services described in Attachment A Scope of Services shall be provided for a total lump sum fee of$88,185.00(Eighty-eight Thousand One Hundred Eighty-five Dollars). The overall fee total shown shall not be exceeded without prior written authorization from the CITY. Payment for the services described in Attachment A Scope of Services shall be invoiced to the CITY on a monthly basis, based upon percentage completed for each task. Below is a fee breakdown by task for the services described in Attachment A Scope of Services: East 1St Street Bridge Task Fee Basic Services 1. Coordination/Management/Communication $ 4,770 2. Data Review/Site Visit/Base Map $ 3,790 3. Schematic Design (30%CD Level) $ 21,700 Special Services 1. Special Service-Structural Inspection 14,670 East 151 Street Bridge Fee Subtotal $ 44,930 Arcadia Trail Connection Task Fee Basic Services 1. Coordination/Management/Communication $ 4,770 2. Data Review/Site Visit/Base Map $ 3,330 3. Schematic Design (30%CD Level) $ 9,840 Special Services 1. Special Service- Land Survey $ 9,545 2. Special Service—Hydrology/Hydraulic Study $ 11,949 3. Special Service—Environmental Review $ 3,821 Arcadia Trail Connection Fee Subtotal $ 43,255 Total Fee for Services $ 88,185 Attachment B Compensation E 11 Street Bridge&Arcadia Trail Connection Page 1 of 1 Attachment C Amendments to Standard Agreement for Engineering Related Professional Services Add the following to Article IV, Paragraph I: The CITY has established a small business enterprise (SBE) goal of 12% for this contract. Add the following to Article VI, General Legal Provisions: L. Changes of Work The ENGINEER shall make such revisions in the work included in this AGREEMENT which has been completed as are necessary to correct errors appearing therein when required to do so by the City without undue delays and without additional cost to the CITY. If the CITY finds it necessary to request changes to previously satisfactorily completed work or parts thereof, the ENGINEER shall make such revisions if requested and as directed by the CITY. This will be considered as additional work and paid for as specified under Additional Work. M. Additional Work Work not specifically described under "Scope of Services" must be approved by supplemental agreement to this AGREEMENT by the CITY before it is undertaken by the ENGINEER. If the ENGINEER is of the opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes extra work, he shall promptly notify the CITY in writing. In the event the CITY finds that such work does constitute extra work, then the CITY shall so advise the ENGINEER, in writing, and shall provide extra compensation to the ENGINEER for doing this work on the same basis as covered under Compensation and as provided under a supplemental agreement. The lump sum fee shall be adjusted if additional work is approved by supplemental agreement and performed by the ENGINEER. Attachment C Amendments to Standard Agreement for Engineering Related Professional Services E 11 Street Bridge&Arcadia Trail Connection Page 1 of 2 N. Consequential Damages Notwithstanding any other provision of this AGREEMENT to the contrary, the parties hereto mutually agree that neither party shall be liable to the other for any indirect, incidental, consequential, exemplary, punitive or special damages or loss of income, profit or savings of any party, including third parties, arising directly or indirectly from the parties' relationship under this AGREEMENT or applicable law. O. Limit to Use Hard Copies As a component of the Services provided under this AGREEMENT, ENGINEER may delivery electronic copies of certain documents or data (the "Electronic Files") in addition to printed copies (the "Hard Copies") for the convenience of the CITY. The CITY and its consultants, contractors and subcontractors may only rely on the Hard Copies furnished by the ENGINEER to the CITY. If there is any discrepancy between Electronic File and the corresponding Hard Copy, the Hard Copy controls. P. Acceptance Procedure The CITY acknowledges that Electronic Files can be altered or modified without the ENGINEER's authorization, can become corrupted and that errors can occur in the transmission of such Electronic Files. The CITY agrees that it will institute procedures to preserve the integrity of the Electronic Files received from ENGINEER until acceptance. The CITY further agrees that it will review the Electronic Files immediately upon receipt and conduct acceptance tests within thirty (30) days, after which period the CITY shall be deemed to have accepted the Electronic Files as received. The ENGINEER will undertake commercially reasonable efforts to correct any errors in the Electronic Files detected within the 30-day acceptance period. The ENGINEER shall not be responsible to maintain the Electronic Files after acceptance by the CITY. Q. Warranty of Compatibility The ENGINEER does warrant and represent that the Electronic Files will be compatible with or useable or readable by systems used by the CITY and its consultants, contractors and subcontractors. The ENGINEER is not responsible for any problems in the interaction of the Electronic Files with other software used by the CITY or its consultants, contractors and subcontractors. Attachment C Amendments to Standard Agreement for Engineering Related Professional Services E 1"Street Bridge&Arcadia Trail Connection Page 2 of 2 Attachment D Schedule Services for both projects shall be provided concurrently. Both projects shall begin with same notice-to-proceed date and both projects are anticipated to be completed within five months(in about 18 weeks). Shown below is the anticipated time duration breakdown by task: East 1St Street Bridge Task Duration Basic Services 1. Coordination/Management/Communication N/A 2. Data Review/Site Visit/Base Map 6 Weeks 3. Schematic Design (30%CD Level) 14 Weeks Special Services 1. Special Service-Structural Inspection (during task 2 above) N/A East 1St Street Bridge Duration Subtotal 20 Weeks Arcadia Trail Connection Task Duration Basic Services 1. Coordination/Management/Communication N/A 2. Data Review/Site Visit/Base Map 6 Weeks 3. Schematic Design (30%CD Level) 14 Weeks Special Services 1. Special Service- Land Survey (during task 2 above) N/A 2. Special Service- Hydrology/Hydraulic Study (during task 3 above) N/A 3. Special Service- Environmental Review (during task 3 above) N/A Arcadia Trail Connection Subtotal 20 Weeks Total Project Duration 20 Weeks Attachment D Schedule E V Street Bridge&Arcadia Trail Connection Page 1 of 1 Attachment E Project Location Map Locations for both projects are shown below. Park TmIl ,-.eGateway Park n f' East 1St Street Bridge Location Map Trail Gap -Fort"rth rf � - Arcadia Trail Connection Location Map Attachment E Project Location Map E 15T Street Bridge&Arcadia Trail Connection Page 1 of 1 Supplemental Attachment PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, 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, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. Signature Vice Title n n/4 Date Supplemental Attachment PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL E 1"Street Bridge&Arcadia Trail Connection Page 1 of 1