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Contract 51033
CITY SECRETARY d CONTRACT :. � 2 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and CobbFendley & Associates, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: University Corridor Project -CPN 101588. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $900,000 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but Ak not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. RECEIVED JA 17 2018 (2) The ENGINEER will issue monthly invoices for all work performed under this CITY OFFORT WORTHAGREEMENT. Invoices are due and payable within 30 days of receipt. GITYSEmETARY 5 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 OFFICIAL RECORD Page 1 of 17 CITY SECRETARY T.I FoffrH,ATXRi (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. (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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 2 of 17 work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 3 of 17 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 4 of 17 the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12- 2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 5 of 17 directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 6of17 liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 7 of 17 c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 8 of 17 final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 9 of 17 changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 10 of 17 an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 11 of 17 of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 13 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 14 of 17 I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 15 of 17 with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C -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 CobbFendley&Associates san Alanis J. l Bostwick, P.E. ssistant City Manager N&LVice President Date: -1 (� Date: 'I I v I It APPR , AL RECOMMENDED: By. ( (,J Douglas W. Wiersig, P.E. Director, Department of Transportation and Public Works City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 16 of 17 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 rit ments. Ra I E. Lopez, P.E. APPROVED TO FORM AND LEGALITY By: Douglas W. Black Assistant City Attorney A ST: Form 1295 No. Z° IS ll�aiy J. ser FART M&C No.: C — City Secreta M&C Date: C)' TEXP`' City of Fort Worth,Texas 0�;�'^'w Standard Agreement for Engineering Related Design Services OFFICIAL RECO jtw Revised Date:11.17.17 I► Q �f/ Page 17 of 17 Cary"C� Fr. W oRrIl� U ATTACHMENT "A" Scope for Engineering Design Related Services for University Corridor Project -CPN 101588 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 Provide design and construction services for improvements to enhance traffic operations and improve facilities for altemative modes of transportation along the University Drive corridor between Chisholm Trail Parkway and the Clear Fork Trinity River Bridge. The project will cover approximately 2,200 linear feet of University Drive and involves the reconfiguration of University Drive from a seven-lane roadway to a six-lane roadway with a median barrier, directional tum lanes and improved pedestrian/bicycle facilities along the corridor. The scope of work includes but is not limited to:project management; data collection, topographic survey, conceptual study, preliminary and final design; opinion of probable construction costs, construction services, as-built services, and additional task orders as necessary. WORK TO BE PERFORMED ENGINEER hereby agrees to provide design services on a task order basis as may be requested by the CITY during the term of this AGREEMENT. Work under this agreement will be performed on a Work Authorization basis. The CITY will request services for each Work Authorization. The ENGINEER shall prepare scope, fee and schedule as necessary to perform the services requested for each Work Authorization within 10 working days of the CITY's request. Each Work Authorization shall include scope for services as Attachment "A". This scope will outline tasks required to complete the Work Authorization. For each task the scope shall include a detailed description of the task, outline any assumptions and list the required deliverables. Each Work Authorization shall include Attachment"B" detailing the compensation for the Work Authorization. Compensation will be based upon hours agreed to by the CITY and the ENGINEER for each Work Authorization. Compensation will be based on the Schedule of Rates in Attachment "B" of this agreement. The fee will include an estimate of reimbursable and sub- consultant cost for each Work Authorization. Compensation for each Work Authorization shall be based upon agreed upon not-to-exceed fee and paid via invoiced amount. If the Work Authorization requires a schedule it shall be attached as Attachment"D". Each Work Authorization shall include Attachment"E" identifying the project location. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 1 ATTACHMENT B COMPENSATION Design Services for University Corridor Project City Project No. 101588 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the attached rate schedule table (Exhibit 13- 2) the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent(10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 9 B-1 ATTACHMENT B COMPENSATION B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 9 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant CobbFendley & Associates Study, Design, Bid, and $714,531 79.39% Construction Phase Services Proposed MBE/SBE Sub-Consultants GRAM Traffic North Texas, Traffic Data Collection $15,469 1.72% Inc Lamb-Star Engineering, LP Survey& SUE $150,000 16.67% Hayden Consultants, Inc Design Support $20,000 2.22% Non-MBE/SBE Consultants TOTAL $900,000 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE $900,000 $185,469 20.61% City MBE/SBE Goal = 20 % Consultant Committed Goal = 20 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 9 B-3 EXHIBIT "B-2" RATE TABLE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 9 B-4 EXHIBIT "B-2" RATE TABLE (Supplement to Attachment B) 0 gm s L i pp 6 � a FZ a pad N Ic i Y Q a Q 10 CCC V a. + a d 12 _ a Y _ o z " sa . o � t u ch CL i ;dLLf� Page 5 of 9 B-5 EXHIBIT "B-2" RATE TABLE (Supplement to Attachment B) a p c d C * a�o�d�o����dd a � no pp wwwwwwwwwwwwww �$ 12 8 � a a a 4 W IL a Mal .» b Y 9 ~ d m u 4 S � a � � W CL o City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 6 of 9 B-6 EXHIBIT "B-2" RATE TABLE (Supplement to Attachment B) 88 r y i s I; W ss 88 O G J1 g 18 � n.�' r d a Ole V dd 0:sR I a� sg % � a VIA Page 7 of 9 B-7 EXHIBIT "B-2" RATE TABLE (Supplement to Attachment B) 2018 Standard Rate Schedule Principal 1 Chief Engineer ---------------------•-----------------...-..-------------------------•-----------•------•$275.001HR SeniorEngineer......-•---------------------------------------------••-•---............................._...._......•---$260.00/HR Senior Project Manager-------------------------------------------------------------•-•-•.......................-•--$225.00/HR ProjectManager II ......_...--•----•.................•--•-•-•.............._....-•----..._............----•-...........$210.00/HR Project Manager I......................................................................................................$185.00/HR SeniorHydrologist .....................................................................................................$210.00/HR Project Engineer III....................................................................................................$160-OOMR Project Engineer II ........................•--......................-----.........---.............................•---..$145.00MR ProjectEngineer I ......................................................................................................$125.00MR SeniorTechnician......--•--••---•---•.................•--•..................-•-•-•---•-......._............._.........$135.001HR TechnicianIII ----•------•---------------------------------•-------...........----------------....•...._...-•-----•--•-••..$120.001HR Technician II —.................................................... .._......$110.00/HR TechnicianI -•----•----•-••--•-•--•---------•.................•--•-...........--•••---------.........._...._..........--•-••.$90.001HR Licensed State Land Surveyor...................................................................................$225.001HR Registered Professional Land Surveyor.....................................................................$165.001HR 4 Person Feld Services Crew....................................................................................$180.00/HR 3 Person Feld Services Crew................................................ ........$160.00/HR 2 Person Feld Services Crew................................................ ...._.........$140.00/HR 1 Person Feld Services Crew...............•-----•--.................-•-----------•--............-•--•---•-_....$100.00/HR 2 Person Hy-Drone Crew-------------•-----------------------.............----------.........--••------------------$325.001HR 2 Person UAV Drone Crew....................................................•.........._.._._._______________.__$225.001HR Construction Manager IN............................................................................................$250.00/HR Construction Manager II................................................... ........._.._..._.$210.001HR Construction Manager I..............................................................................................$185.00/1-IR Senior Field Construction Observer...........................................................................$125.00/HR Field Construction Observer______________•......_............____.____._._......__._._...__....._..__._.....__.__$105.00/1-IR Utility Specialist..........................................................................................................$140.00/HR Telecommunications Designer................................ .$115.001HR Telecommunications Field Person ......................................................................._.......$90.00/HR GIS Manager .......................•................------------------•----•--•-•- ..$160.001HR GISAnalyst................................................................................................................$110.00/HR Post Processing GPS Data---•---------------------------------------------------------------------------•--•_....$910.0011-IR Right-of-Way Project Manager------------•---------------------------------------------------------•----•......_$160.00/HR Right-of-Way Anxney................................................................................................$150.00/HR Right-of-Way AgenIt....................................................................................................$135.00/HR Administrative ........................................•---------•-------------...--------.....--•-------------------------$100.00MR Clerical.........................................................................................................................$75.00MR GPS ..............................................................•------------------...................•----- $37.001HR/Receiver uty m i-on worth, i exas Attachment B PMO Official Release Date:8.09.2012 Page 8 of 9 B-8 EXHIBIT "B-2" RATE TABLE (Supplement to Attachment B) SUBSURFACE TI ITY ENGINEERING One-Man Designating Crew(4-Hour Minimum) ..............................................................$1001HR Two-Man Designating Crew(4-Hour Minimum) ..............................................................$160/HR Vacuum Excavation Truck with 2 Technicians(Vac 3000 &4000)(4-Hour Minimum).....$280/HR Vacuum Excavation Truck with 2 Technicians (Vac 6000)(4-Hour Minimum).................$300/HR Ground Penetrating Radar with 1 Technician (4-Hour Minimum) ....................................$250/HR Traffic Control OFKw...................................................... __._.@ Cost+ 10% Traffic Control(Lane Closures,etc.).................................................................To Be Negotiated Permits(Local,State, etc-).............................. ...@ Cost+ 10% Designation &Traffic Control Vehicles .........................................................................$3.401Mile LocationVeNcles...........................................•---...............---•---•---....................---..._...._ $6.80/MIle REIMBURSABLE EXPENSES TechnologyFee (`)........................••--..........._...._.............----------...._.................----.........$3.751HR Consultant or Specialty Contractor(Outside Firm) -------------------------------------------------@ Cost+ 10% Courier,Special Equipment Rental........................................................................@ Cost+ 10% Reasonable Out of Town Travel Expenses(Air,Hotel,Rental,etc.).................................@ Cost Mileage(Standard Car or Truck)....................................................................IRS Approved Rate Per Diem for Out of Town Travel (Per Day/Person).........................................................$36/Day Title Plant Charges........................••---••---....................._........-----...... ..••-•...._...@ Cost+ 10% Other Misc. Expenses Related to the Project.........................................................@ Cost+ 10% In-House Reproduction. Y Copies(Up to 11'x 17')--•--•-•.......................................................................•-•$0•15/Each Y Color Prints(Up to 11'x 17")............................................... _.___...$1.501Each Y Color Prints(Larger than 11"x 17a)..............................................................$3.001Sq.Ft Y Bluelines(All Sizes)........................................................................................$1.00/Each Y Bond Prints(All Sizes)------------------------------------------------------------------------------------$2.00/Each YMylar Prints.............................................................................................._...$12.00/Each YVellum Prints-----------------------••----------------.....--------................................_...........$9.001Each Tedrndoyy chards added to each hitabie markww. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 9 of 9 B-9 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for University Corridor Project City Project No. 101588 1. The word "VOLUNTEERS" is removed from the following paragraph. K. INSURANCE (2) GENERAL INSURANCE REQUIREMENTS 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. The revised paragraph reads as follows. INSURANCE (2) GENERAL INSURANCE REQUIREMENTS 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, and agents as respects the contracted services. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of I Consulting Contract Schedule Specifications FORT WORTH City of Fort Worth Capital Improvement Program Attachment D-Project Schedule This PROJECT requires a Tier 3 schedule as defined herein and in the City's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: - Primavera(Version 6.1 or later or approved by CITY) - Primavera Contractor(Version 6.1 or later or approved by CITY) - Microsoft Project(Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any,and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks,subtasks,and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities,key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points,including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following,if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 1 of 2 • Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 2 of 2 101588-University Corridor Project-Baseline ,a l4aw oar.rAa 'steel 1F ynderesrm 'Spwrbe love. uvv.re. o.1wa.� 1ao.r 'Fre.,.r etwrn asp+ ern 1 06101 Rt0.4 461 dry" Wad s/wu WN 3/30/10 2 3"C—cWbNd Dalpi 1"4ays Wed 8/18/18 Mon s/20/18 3 Nolte To P—d Odrys Wed 8/35/18 Wed 8/15/18 8/16 ft Wbr q rtseadi(prep—for kirllnff—ti%) 3 days Wd 8/15/18 Fn 8/17/18 3 5 I Kickoff naxery 1 dry Mm 8/10/18 Mon 8/20/18 4 6 ! Dab mlktbn and analysis 15 days Mm 9/10/18 f'9/78/18 --+-,_ 7 ftwirilr►Ar.,l 57 days Man 10/1/18 Tr 11/18/18 e Develop a—AW byvuts 5 days Mon 10/1/18 Fn 10/5/18 6 9 D.Ih—ble of draft s#emahR Tryout 1 dW Man 10/8/18 Man 10/8/18 8 10 aty revbw 14 days Tue 20/9/13 frl 18/26/18 9 Inbrmedlate ravlerr with Oty Iday Man 10/29/18 Mon 10/29/18 10 12 Updeb aft r bawd on COY ravlerr 9dW Tue 10/30/18 Fd 11/9/18 11 13 Delh-"of updabd aBelNtlses 1 dry Man 11/12/18 Man 11/17/18 12 14 Clq r"a 14 days T.11/18/18 Fd 11/30/18 13 15 Republic ravlarr—uft with CIry 1 d y Man 17/3/18 Mon 12/8/18 14 16 i Inmrporrtbn of co— 6days Tue 12/4/18 T.12/11/18 15 n DNlande of flnalleed albrrlatives Id.V Wed 12/12/18 Wed 12/12/18 16 18 ftepereforhKpbik me d 3dWe Thu 12/13/18 Man 12/17/18 17 19 1C Public—a V(3 firs32d slbmaewe dlowm) Iday Tue 121WI8 T.12/18/18 18 20 FkW MWyala 67 data Wd 12/19/18 Thu 3/11/19 21 ReWl ad addrta ovrtnerds franc public m dry 13 days Wed 12/19/18 m114/19 19 22 Delk—ble of dnft fi al ab—ha I day Man 1/7/19 Mon 1/7/19 21 23 City ReNew 14 days Tue 1/0./19 Fd 1/25/19 22 M f/1Wdnftrt Wth GW Idy Mm 1/28/19 Mm 1/28/19 23 15 Updab akemam baad m City renter 14 days Tue v29/19 Fn 2/IS/19 24 26 Deik r ble of up I ficin Iwput 1 dry Mm 2/18/19 Mm 2/18/19 25 n Clry Review 14 days Tui 2/18/18 Fn 3/8/19 26 28 fte ublk—i—nraw 1.6 with City 1dry Mon 3/11/19 Man 3/11/19 27 29 Inmrporrtinn of mMlalb 4 days Tui 3/12/19 Fri 3/15/19 28 3p Ddbveable of BrWiud allanat— Idy elm 3/18/19 Mon 3/18/19 29 31 P e for 2d public—tirg 2 days TM 3/19/19 Wed 3/20/19 30 M 2d puMk—tiq(RrW alterrtatbe down) I dry Thu 3/21/19 Thu 3/21119 31 33 Cmgptud Rn R"p 42 dry" fru 3/22/19 Mm 5/20/18 3I R.W-ad address mm—Iran publk nt.bq 16 days Fri 3/22/19 M4/11/19 32 35 D ft reportdeBveaWe Id v Mm 4/15/19 elm 4/15/19 34 36 Ctly review 14 days Tue 4/16/19 Fri WY19 35 37 Com—bloorporalan 10 drys Mon 5/6/19 Fr15/17/19 36 H DNkerabb fkW repot admnatruetlmea— Idv Mm5/20/19 Mm 5/20/19 37 39 Task Order End Dae OdW Man 5/20/19 Man 5/20/19 38 5/20 F911mY1ary 8 f l D wp 262 days Tue5/21119 Wd 5/20/10 39 ! a City Project No. 101588 MAPSCO 76 r- Begin Project i ' ' • At • *� �' � },f`, . � � = fi w '• _ �y �' �Via. fk 4F 4 .r. r f `J• y �,, � ��� ��� ' � 1 fir,- •R� # f' _� .l � T� �=�I _ •' 4'• • _] CERTIFICATE OF INTERESTED PARTIES FORM 1.295 loft Complete Nos.1-4 and 6 if there are interested parties. OFFICE VSE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-364585 Cobb,Fendley&Associates, Inc. Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 0610612018 being filed. City of Fort Worth ]Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 101588 Design Services,Surveying,Roadway, Bid Services,CM 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Warth,Daniel Austin,TX United States X Bostwick,John Frisco,TX United States X Silver,Monica Houston,TX United States X Conger,Dale Houston.TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is FJisebeth auentetto , and my date of birth is 07110,7e My address is 13430 Norft"st Freeway.suns 1100 Houston Tx r AU USA (street) (City) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in -, ,, County, State of Texas on the e�, day of Jens ,20 18 (nth) (year) Sig re of a horized age-n-contracting business entity (Dedarant) Forms provided by Texas Ethics Commission www.e1hick'state.tx.us Version V1.0.5523 Client#: 153896 COBBFEND ACORDTM CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDD/YYYY) x/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER NAME: Michelle Weweh USI Southwest PHONE713-490-4512 FAAIC No 484-652-5181 A/C No EIR: 9811 Katy Freeway,Suite 500 ADDRESS:Imichelle.weweh@usi.com Houston, 77024 INSURER(S)AFFORDING COVERAGE NAIC a 713 490-4600 0 INSURER A:Travelers lndamity Co.of Amar 25666 INSURED INSURER B:T—.Yrs Ind—ity Cammy 25658 Cobb,Fendley&Associates,Inc. INSURER C:Bir Insur.,c.Compny 32603 13430 Northwest Frwy Ste 1100 INSURER D ChaMc rOakFiminsur Cap 25615 Houston,TX 77040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INR WVD POLICY NUMBER MM/D MWD A X COMMERCIAL GENERAL LIABILITY 6802J988165 7/10/2017 07/1012018 EACH OCCURRENCE $19000,000 CLAIMS-MADE 51OCCUR PREMISES Ea occur ante $1'000000 MED EXP(Any one person) $10 000 X Deductible:$0 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY 7 J O- CT F LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT D BA8E243910 7/10/2017 07/10/201 Ea accident $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS TD PROPER HIREDAUTOS AUOS rZI) $ X Deductible:$0 $ B X UMBRELLA LIAB X OCCUR CUP8E287003 7/10/2017 07/1012018 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I X RETENTION$10000 $ B WORKERS COMPENSATION UB4297T92 7/10/2017 07/10/201 X PER orH- AND EMPLOYERS'LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $1,000 000 OFFICER/MEMBER EXCLUDED? F N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 yes,debe under DESCRIPSTION OF OPERATIONS below Deductible:$0 E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional AEC901580002 7/10/2017 07/10/2018 $5,000,000 per claim Liability $5,000,000 annl aggr. CM Retro Date: 1 1 110/7/1987 1 Deductible:$200,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space Is required) This Certificate is issued for insured operations usual to engineering services. The General Liability and Automobile Liability policies includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Ci of Fort worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S23385419/M20926467 MNSZP DESCRIPTIONS (Continued from Page 1) The General Liability and Automobile Liability policies contain a special endorsement with"Primary and Noncontributory"wording. The General Liability,Automobile and Workers Compensation policies provide a Blanket Waiver of Subrogation when required by written contract. The General Liability,Automobile,Workers Compensation and Umbrella Liability policies include an endorsement providing that 30 days notice of cancellation for reasons other than non payment of premium and 10 days notice of cancellation for non payment of premium will be given to the Certificate Holder by the Insurance Carrier. The Umbrella Liability policy follows form to the underlying General Liability,Automobile and Workers Compensation policies. The Umbrella Liability coverage limits are in addition to those provided by the General Liability,Automobile and Workers Compensation policies. SAGITTA 25.3(2014/01) 2 of 2 #S23385419/M20926467 M&C Review Page 1 of 4 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FO ' TH COUNCIL ACTION: Approved on 6/26/2018 DATE: 6/26/2018 REFERENCE C-28764 LOG NAME: 202018 BOND PROGRAM NO.: PROPOSITION A CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of New or Amendments to Existing Engineering Services Agreements for Design and Construction Management Services for 22 Major Thoroughfare, Arterial and Intersection Projects Identified in the 2018 Bond Program (COUNCIL DISTRICTS 2, 3, 4, 6, 7, 8, and 9) RECOMMENDATION: It is recommended that the City Council authorize execution of the following engineering contracts or amendments to current engineering contracts for design and construction management services for major thoroughfare, arterial and intersection improvement projects identified in the 2018 Bond Program as indicated below: Contract Amendments: 1.Amendment No.1, in an amount not to exceed $425,000.00 to City Secretary Contract (CSC) 49226, an Engineering Agreement with Kimley-Horn and Associates, Inc., for design of transportation improvements along Bonds Ranch Road from Hawks Landing Road to Blue Mound Road/FM 156 (101009), for a revised contract amount not to exceed $1,295,000.00; 2.Amendment No. 1, in an amount not to exceed $90,000.00 to City Secretary Contract(CSC)49227, an Engineering Agreement with Halff Associates, Inc., for design of transportation improvements along Westport Parkway, from Alta Vista Parkway to Beach Street(101019), for a revised contract amount not to exceed $565,000.00; 3.Amendment No. 1, in an amount not to exceed $843,000.00 to City Secretary Contract(CSC)49555, an Engineering Agreement with HDR Engineering, Inc., for design of transportation improvements along Avondale Haslet Road, from Willow Creek Drive to Haslet County Line Road/FM 156 (101014), for a revised contract amount not to exceed $1,243,000.00; 4.Amendment No. 1, in an amount not to exceed $595,000.00 to City Secretary Contract(CSC)49024, an Engineering Agreement with Kimley-Horn and Associates, Inc., for design of transportation improvements along Harmon Road, from Golden Triangle Boulevard to US HWY 287 (100459), for a revised contract amount not to exceed $2,395,000.00; 5. Amendment No. 1, in an amount not to exceed $750,000.00 to City Secretary Contract(CSC)49229, an Engineering Agreement with Pacheco Koch Consulting Engineers, Inc., for design of transportation improvements at the intersection of Kroger Drive at State Highway 377 and Basswood Boulevard at State Highway 377 (101015), for a revised contract amount not to exceed $1,150,000.00; 6.Amendment No. 1, in an amount not to exceed $1,500,000.00 to City Secretary Contract(CSC)49556, an Engineering Agreement with Burns& McDonnell Engineering Company, Inc., for design of transportation improvements along Cromwell Marine Creek from Boat Club Road to Old Decatur Road (101012), for a revised contract amount not to exceed $1,900,000.00; 7.Amendment No. 1, in an amount not to exceed $230,000.00 to City Secretary Contract(CSC)49225, an Engineering Agreement with Carrillo Engineering, LLC, for design of intersection improvements at S. Hulen Street and Granbury Road (101017)for a revised contract amount not to exceed $630,000.00; 8. Amendment No. 1, in an amount not to exceed $360,000.00 to City Secretary Contract(CSC)49228, an Engineering Agreement with Lee Engineering, LLC, for design of intersection improvements at Park Vista http://apps.cfwnet.org/council_packet/mc review.asp?ID=26022&councildate=6/26/2018 7/11/2018 M&C Review Page 2 of 4 Boulevard and Keller Haslet Road (10 1020) for a revised contract amount not to exceed $760,000.00; New Contracts: 9. An Engineering Agreement with Wier&Associates, Inc., for design of intersection improvements at Golden Triangle Boulevard and Harmon Road (101013), in an amount not to exceed $250,000.00; 10. An Engineering Agreement with HDR Engineering, Inc., for design of transportation improvements along W. 7th Street from University Drive to the Trinity River (101555) in an amount not to exceed $750,000.00; 11. An Engineering Agreement with Schrickel, Rollins and Associates, Inc., for design of transportation improvements along Riverside Drive from Golden Triangle to Keller Hicks in an amount not to exceed $700,000.00; 1,Z.-An Engineering Agreement with Cobb Fendley &Associates, Inc., for design of transportation mprovements along the University Drive Corridor from Trail Drive to Park Hill (101588), in an amount not to exceed $900,000.00; 13. An Engineering Agreement with AECOM, Inc., for design of intersection improvements at Crowley Road and N. Crowley Cleburne Road (101578) and Alta Mesa Boulevard and Crowley Road (110 1579) in an amount not to exceed $594,580.00; 14. An Engineering Agreement with Multatech Engineering, Inc., for design of intersection improvements at E. Seminary Road and Mansfield Highway (101590) and McCart Avenue and Altamesa Boulevard (10 1572) in an amount not to exceed $690,778.00; 15. An Engineering Agreement with Pape—Dawson Engineering, Inc., for design of intersection improvements at Beach Street and Basswood Boulevard (101582) in an amount not to exceed $398,195.00; 16. An Engineering Agreement with JT Engineering, Inc., for design of intersection improvements at E. Northside Drive and Cold Springs Road (101584) in an amount not to exceed $442,886.80; 17. An Engineering Agreement with Bridgefarmer&Associates Inc., for design of intersection improvements at W. Long Avenue and Angle Avenue (101583) in an amount not to exceed $455,985.00; 18. An Engineering Agreement with Hayden Consultants, Inc., for design of intersection improvements at S. Normandale Street and Las Vegas Trail (101591) in an amount not to exceed $528,013.00; 19. An Engineering Agreement with Kimley-Horn and Associates, Inc., for design of intersection improvements at NW Loop 820 and Marine Creek Parkway (101585) in an amount not to exceed $432,000.00. DISCUSSION: In preparation for the 2018 Bond Program and to advance delivery of projects, engineering contracts were executed on 13 potential Jump Start Projects (Mayor and Council Communication (M&C) C-28288 June 20, 2017) to further define individual project cost and identify possible risks that would impact costs and delivery schedules. Funding for these Jump Start Projects (*)was authorized on May 16, 2017 in the amount of$10M (M&C G-19009). The following summarizes the contract awards for the 2018 Bond Program 11 Major Thoroughfare and Arterial projects, and 11 Intersection Improvement projects: 2018 Bond Program Major Thoroughfare and Arterial Project Name Engineering Consultant NTE Contract Amendment *Bonds Ranch Road- Hawks Landing to Kimley-Horn & Associates, Inc. $425,000.00 Blue Mound Road/ FM 156 - CD 7 *Westport Parkway-Alta Vista Parkway to Halff Associates, Inc. $90,000.00 Beach Street- CD 7 *Avondale Haslet Road-Willow Creek HDR Engineering, Inc. $843,000.00 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26022&councildate=6/26/2018 7/11/2018 M&C Review Page 3 of 4 Drive to Haslet County Line Road -CD 7 *Harmon Road- Golden Triangle Kimley-Horn &Associates, Inc. $595,000.00 Boulevard to US 287 -CD 7 US 377 at Basswood Boulevard and Pacheco Koch Consulting $750,000.00 Kroger Drive-CD 4 Engineers, Inc. *Cromwell Marine Creek- Boat Club Road Burns & McDonnell $1,500,000.00 to Old Decatur Road - CD 2 Engineering Company, Inc. *Golden Triangle Boulevard and Harmon Wier&Associates Inc. $250,000.00 Road (New Contract) - CD 7 University Drive -Trail Drive to Park Hill Cobb Fendley &Associates, $900,000.00 (New Contract) -CD 9 Inc. Riverside Drive - Golden Triangle Schrickel, Rollins&Associates, $700,000.00 Boulevard to Keller Hicks Road (New Inc. Contract) -CD 7 West 7th Street- University Drive to Trinity HDR Engineering, Inc. $750,000.00 River (New Contract) -CD 9 2018 Bond Program Intersection Improvements Project Name Engineering NTE Consultant Contract/Amendment Amount *S. Hulen Street and Granbury Road - CD Carrillo Engineering, $230,000.00 6 LLC *Park Vista Boulevard and Keller Haslet Lee Engineering, LLC $360,000.00 Road - CD 7 Crowley Road and N. Crowley Road AECOM, Inc $306,375.00 Cleburne Road - CD 6 Alta Mesa Boulevard and Crowley Road - AECOM Inc. $288,205.00 CD8 E. Seminary Road and Mansfield Multatech Engineering, $350,900.00 Highway-CD 8 Inc. McCart Avenue and Alta Mesa Boulevard Multatech Engineering, $339,878.00 -CD 6 Inc. Beach Street and Basswood Boulevard - Pape-Dawson $398,195.00 CD4 En ineerin , Inc. E. Northside Drive and Cold Springs JT Engineering, Inc. $442,866.80 Road - CD 2 W. Long Avenue and Angle Avenue - CD Bridgefarmer $455,985.00 2 Associates, Inc. S. Normandale Street and Las Vegas Hayden Consultants, $528,013.00 Trail - CD 3 Inc. NW Loop 820 and Marine Creek Kimley-Horn & $432,000.00 Parkway - CD 2 Associates, Inc. Available resources within the General Fund will be used to provide interim financing for expenditures incurred on projects within the 2018 Bond Program until debt is issued. Once debt associated with these projects is sold, bond proceeds will reimburse the General Fund, in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance approving the bond election and authorizing the appropriation of funds. M/WBE OFFICE—All firms being awarded new engineering contracts/amendments are in compliance with the City's BDE Ordinance. These projects are located in COUNCIL DISTRICTS 2, 3, 4, 6, 7, 8, and 9. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26022&councildate=6/26/2018 7/11/2018 M&C Review Page 4 of 4 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds are available in the current capital budget as appropriated, of the 2018 Bond Program Fund. Prior to an expenditure being incurred, the participating department has the responsibility to validate the availability of funds. TO Fund Deparbnent Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM _ Fund Deparbnent Account I Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by- Susan Alanis (8180) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Kim Arnold (2552) ATTACHMENTS All 1295 Forms.pdf Maps 2018 Bond Prog Proposition A.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=26022&councildate=6/26/2018 7/11/2018 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.l-4 and 6 if there are interested parties. OFFICE VSE ONLY Complete Nos.1,2,3,5,and 6 if there are no Interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-364585 Cobb,Fendley&Associates,Inc. Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/06/2018 being filed. City of Fort Worth Date , o led 17/11 3 Provide the Identification number used by the governmental entity or state agency to track or Identify the con ac,and rovfde a description of the services,goods,or other property to be provided under the contract. 101588 Design Services,Surveying,Roadway,Bid Services,CM 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Warth,Daniel Austin,TX United States X Bostwick,John Frisco,TX United States X Silver,Monica Houston,TX United States X Conger,Dale Houston,TX United States X 5 Check only If there Is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is orn(vra My address is 13430 Noalwm l From",Sues 1100 _ Houston Tx 7MIC IDSA (street) (city) (state) (zlp code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed In_r-1 County, State of Te"s on the am day of J` .20 'a (month) (year) Sig re of a horized age—n—contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethickskateAx.us Version V1.0.5523