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HomeMy WebLinkAboutContract 53735 a CSC No.53735 �C�1v�D CITY OF FORT WORTH, TEXAS �pR 31 202p STANDARD AGREEMENT FOR PROFESSIONAL SERVICES ci�mrsce��A�h This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Foster CM Group, Inc. authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Construction Inspection Services for Infrastructure Projects. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Construction Inspection Services for Infrastructure Projects. (2)Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from non-written orders of any person. Article II Compensation Consultant shall be compensated an amount up to $5,000,000.00 in accordance with the Fee Schedule shown in Attachment "B". There is no guarantee of any specific amount of work. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term of five (5) years beginning on 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. In no event, however, shall the term of this Agreement, unless amended in writing and executed by both parties, extend past the expiration of seven years from the City of Fort Worth,Texas """ Standard Agreement for Professional Services Revision Date:11.07.17 OFFICIAL RECORI2 Page 1 of 9 CITY SECRET,40v FT. WORT[; effective date established herein or of the last amendment which operates to extend the term, if any. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CIT19 OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 2 of 9 all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 3 of 9 g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. Either the City or the Consultant, for cause, may terminate this Agreement 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 City chooses to terminate this Agreement, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement and Attachment "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 4 of 9 or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's 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. Consultant acknowledges the MBE and SBE goals established for this Agreement 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 Consultant 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. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 5 of 9 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. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Immigration Nationality Act Consultant 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, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIV Contract Construction The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 6 of 9 any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVI Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Roy Teal Transportation & Public Works Dept. 8851 Camp Bowie West Blvd. Fort Worth, Texas 76116 Consultant: Foster CM Group, Inc. Attn: Robbie Thompson, P.E., CC 5601 Bridge Street, Suite 347 Fort Worth, TX 76112 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 7 of 9 Article XIX Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this Agreement: Attachment A- Scope of Services Attachment B —Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT Foster CM Group, Inc. %�n7wn �iii n�14 7 Dana Burghdoff(M r27,202 Dana Burghdoff Paul W. Foster, CCM Assistant City Manager President/CEO Date: Mar 27,2020 Date: March 4, 2020 APPROVAL RECOMMENDED: 1!CI Wi lliarg Jo nson(Ma r 20,2020) 13y. William M. Johnson Director, Transportation & Public Works City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 8 of 9 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting Form 1295 No. -5 QOAC)- S?374 7 requirements. M&C No.: 20 - 0123 R y Teal M&C Date:3/3/2020 Sr. Capital Project Officer APPROVED AS TO FORM AND LEGALITY ATTEST': By:Mack(Ma Douglas W. Black Mary J. Kayser Sr. Assistant City Attorney City Secretary City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services Revision Page 8 of ate:11.07.17 CIVY SEC�2E'�AR?� FT: WORTH,T ATTACHMENT "A" Scope for Construction Inspection Services for City Infrastructure Projects The scope set forth herein defines the work to be performed by the Inspector project. Both the CITY and CONSULTANT have attempted to clearly define the work to be performed and address the needs of the Project. TASKS TO BE PERFORMED All of the work mentioned below shall be performed by CONSULTANT for the following task: Task 1 Construction Inspection TASK 1. CONSTRUCTION INSPECTION Work assigned under this task may include, but not limited to: Pre-Construction Phase • Visit the project site to verify the accuracy of the construction plans with respect to the field conditions. • Video the project site to document the pre-construction conditions. • Review the project plans and contract documents. Notify the City of any omissions, overages or under runs of the bid items. • Prepare project folders and daily log books for each client department. • Attend both the pre-construction meeting with the contractor and the pre- construction neighborhood meeting with the public, if required. Construction Phase • Inspect contractor's work for adherence to the project's construction plans and specifications. • Collect water samples for bacteriological testing of new water mains prior to placing in service. Training will be provided by City of Fort Worth. • Provide daily inspections of the project to insure that the contractor's activities adhere to the construction plans and specifications. • Report any issues with the contractor or citizens to City of Fort Worth staff. City of Fort Worth Attachment A Page 1 of 2 • Maintain red-line drawings of project to document field changes during construction. • Maintain daily log record of project using client provided electronic management system, Headlight. Should include but not limited to contractor comments, instructions given, construction conflicts, disputes, construction activity. • Coordinate, track and monitor material testing and/or special inspections, if required. • Prepare pay estimates. The quantities shall be field verified with the contractor. Post-Construction Phase • Perform preliminary walk through with contractor to create punch-list of corrections. • Insure that all work required of the contractor has been completed. • Schedule, attend and participate in the final inspection with City staff and the contractor. Inspect any punch-list items after the contractor has completed them. • Collect close-out documentation from the contractor. (i.e. consent of surety, affidavit of bills paid) • Prepare close-out documents required by the City. City of Fort Worth Attachment A Page 2 of 2 ATTACHMENT "B" Construction Inspection Services for Infrastructure Projects Time with Rate Schedule Project I. Compensation A. The CONSULTANT shall be compensated up to $5,000,000.00 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 Cate-gory Rate for the CONSULTANT's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate $/hour * Construction Inspector I <5 yrs ex $75 Construction Inspector 15 - 10 yrs ex $85 Construction Inspector I > 10 yrs ex $95 * Hourly Labor Rate may be adjusted annually in an amount not to exceed the percentage Construction Cost Index increase as published by Engineering News- Record. The January 2020 Construction Cost Index of 11392 shall be used as the base index when determining the annual percentage adjustment for the twelve (12) months following the Effective Date. The CONSULTANT shall notify the City of Fort Worth in writing annually during the term of this Agreement of the CONSULTANT's projected annual increase in the Hourly Rates. Hours worked beyond 40 per week shall be paid as straight time overtime. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 2 B-1 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 CONSULTANT plus a markup of ten percent (10%). iv. Budgets. CONSULTANT 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. CONSULTANT is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay CONSULTANT beyond these limits. If CONSULTANT 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 CONSULTANT 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, CONSULTANT's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The CONSULTANT shall be paid monthly payments as described in Section II - Method of Payment. There is no guarantee of any specific amount of work. II. Method of Payment A. The CONSULTANT 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 CONSULTANT, based on the actual hours and costs expended by the CONSULTANT 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 CONSULTANT. C. Payment of invoices will be subject to certification by the City that such work has been performed. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 2 B-2 3/3/2020 Policy Number: PSA0001148 RLI Insurance Company Named Insured: Foster CM Group, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° NOTICE OF CANCELLATION OR NONRENEWAL — DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: City of Ft.Worth Email Address: US Mail Address: 200 Texas St. Ft.Worth, TX 76102 If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (_LO_) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. PPK 2108 05 11 Page 1 of 1 6MENSOGO�E22POSTEWMGM� 10(E9y1Hn2®tG8/A9T0/C003XCn19 JOC!5ko19NAMnOC$T3/31290082o%6851 PM (CST) I Page 2 of 9 3/3/2020 Policy Number:PSB0003110 RLI Insurance Company Named Insured:Foster CM Group,Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° NOTICE OF CANCELLATION OR NONRENEWAL — DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: As per schedule to be provided upon request Email Address: US Mail Address: , TX If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (30 ) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. PPK 2108 05 11 Page 1 of 1 54432506 1 22FOSTECMG 1 10/10/19-20 GL/AUTO/CUB XCL P I Carol Noone 13/3/2020 2:36:51 PM (CST) I Page 3 of 9 Policy Number: PSB0003110 RLI Insurance Company Named Insured:Foster CM Group, Inc. 3/3/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II—LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The 'personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the 'product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION, II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", 'property of or failure to render any 'professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or'property damage"occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 54432506 122FOSTECMG 1 10/10/19-20 GL/AUTO/CUB XCL P I Carol Noone 1 3/3/2020 2:36:51 PM (CST) I Page 4 of 9 Policy Number: PSA0001148 RLI Insurance Company Named Insured: Foster CM Group, Inc. 3/3/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage—Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition —Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition—Railroad Easement Q. Coverage Extensions—Audio,Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 Page 1 of 5 54432506 122FOSTECMG 110/10/19-20 GL/AUTO/CUB XCL P I Carol Noone 13/3/2020 2:36:51 PM (CST) I Page 5 of 9 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured "loss", provided that the "accident" or "loss" arises The following is added to the SECTION II — out of the operations contemplated by such contract. COVERED AUTOS LIABILITY COVERAGE, Para- The waiver applies only to the person or graph A.1.Who Is An Insured Provision: organization designated in such contract. Any business entity newly acquired or formed by you E. Employee Hired Autos during the policy period, provided you own fifty 1. The following is added to the SECTION II — percent(50%)or more of the business entity and the COVERED AUTOS LIABILITY COVERAGE, business entity is not separately insured for Bus- Paragraph A.1.Who Is An Insured Provision: iness Auto Coverage. Coverage is extended up to a An "employee" of yours is an "insured" while maximum of one hundred eighty (180) days operating an "auto" hired or rented under a following the acquisition or formation of the business contract or agreement in that "employee's" entity. name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement. B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1.Who Is An Insured Provision: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered Any "employee" of yours is an "insured" while using "autos"you own: a covered "auto" you don't own, hire or borrow in (1) Any covered "auto" you lease, hire, rent your business or your personal affairs. or borrow; and C. Blanket Additional Insured (2) Any covered "auto" hired or rented by The following is added to the SECTION II — your"employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.I.Who Is An Insured Provision: permission, while performing duties Any person or organization that you are required to related to the conduct of your business. However, any "auto" that is leased, include as an additional insured on this coverage hired, rented or borrowed with a driver is form in a contract or agreement that is executed by not a covered not you before the "bodily injury' or "property damage' occurs is an "insured" for liability coverage, but only F. Fellow Employee Coverage for damages to which this insurance applies and SECTION II — COVERED AUTOS LIABILITY only to the extent that person or organization COVERAGE, Exclusion B.5. does not apply if you qualifies as an "insured" under the Who Is An have workers compensation insurance in-force Insured provision contained in SECTION II — covering all of your employees. COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following: that is executed by you before the "bodily injury' or "property damage"occurs. In the event of a total "loss" to a covered "auto' shown in the Schedule of Declarations, we will pay D. Blanket Waiver Of Subrogation any unpaid amount due on the lease or loan for a covered "auto", less: The following is added to the SECTION IV— BUSI- 1. The amount paid under the PHYSICAL NESS AUTO CONDITIONS, A. Loss Conditions, DAMAGE COVERAGE section of the policy; 5. Transfer Of Rights Of Recovery Against and Others To Us: We waive any right of recovery we may have against 2. Any: any person or organization to the extent required of a. Overdue lease/loan payments at the time of you by a contract executed prior to any"accident" or the"loss'; PPA 300 03 13 Page 2 of 5 54432506 122FOSTECMG 1 10/10/19-20 GL/AUTO/CUB XCL P I Carol Noone 1 3/3/2020 2:36:51 PM (CST) I Page 6 of 9 b. Financial penalties imposed under a lease (2) An adjustment for depreciation and physical for excessive use, abnormal wear and tear condition will be made in the event of a total or high mileage. .,loss". c. Security deposits not returned by the lessor; (3) If a repair or replacement results in better d. Costs for extended warranties, Credit Life than like kind or quality, we will not pay for Insurance, Health, Accident or Disability the betterment. Insurance purchased with the loan or lease; (4) A deductible equal to the highest Physical and Damage deductible applicable to any owned e. Carry-over balances from previous loans or auto will apply. leases. (5) This Coverage Extension will not apply to: H. Glass Repair—Waiver Of Deductible (a) Any "auto" that is hired, rented or SECTION III — PHYSICAL DAMAGE COVERAGE, borrowed with a driver; or D. Deductible is amended by adding the following: (b) Any "auto" that is hired, rented or No deductible for a covered "auto"will apply I to glass borrowed from your"employee". damage if the glass is repaired rather than replaced. K. Hired Auto Physical Damage—Loss Of Use I. Personal Effects Coverage The following is added to SECTION II — COVERED The following is added to SECTION III— PHYSICAL AUTOS LIABILITY COVERAGE, A.2. Coverage DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: Extensions: e. We will pay sums which you legally must pay to c. Personal Effects Coverage the lessor of a covered "auto" which you have leased without a driver for thirty(30) days or less In the event of a total theft loss of your covered for the lessor's loss of use of the covered "auto", ,.auto" we will pay up to $400 for "loss" to provided: wearing apparel and other personal effects (1) This insurance provides comprehensive, which are: specified causes of loss or collision covered (1) Owned by an "insured"; and on the covered "auto"; (2) In or on your covered "auto'; (2) The loss of use results from the covered No deductible applies to Personal Effects "auto" being damaged in an "accident" while Coverage. you are leasing it. J. Hired Auto Physical Damage Coverage We will pay up to a maximum limit of$1,500 for this covered extension. The following is added to SECTION III— PHYSICAL L. Hired Car—Worldwide Coverage DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: The following is added to SECTION II — COVERED d. Hired Auto Physical Damage Coverage AUTOS LIABILITY COVERAGE, A.2. Coverage Extensions: If hired "autos" are covered "autos" for Liability f. Hired Car—Worldwide Coverage Coverage and this policy also provides Physical Damage Coverage for an owned "auto", then the (1) We will pay all sums an "insured" legally Physical Damage Coverage is extended to must pay as damages because of "bodily '.autos" that you hire, rent or borrow subject to injury" or "property damage" to which this the following: insurance applies, caused by an "accident' (1) The most we will pay for "loss" in any one which occurs outside of the United States of "accident" to a hired, rented or borrowed America, the territories and possessions of "auto"is the lesser of: the United States of America, Puerto Rico and Canada resulting from the maintenance, (a) $60,000 or use of any covered "auto" of the private (b) The actual cash value of the damaged passenger type you lease, hire, rent or or stolen property as of the time of the borrow without a driver for thirty(30)days or less. "loss"; or (c) The cost of repairing or replacing the (2) With respect to any claim made or "suit" instituted outside the United States of damaged or stolen property with other America, the territories and possessions of property of like kind and quality. the United States of America, Puerto Rico, and Canada: PPA 300 03 13 Page 3 of 5 54432506 1 22FOSTECMG 1 10/10/19-20 GL/AUTO/CUB XCL P I Carol Noone 1 3/3/2020 2:36:51 PM (CST) I Page 7 of 9 (a) You shall undertake the investigation, M. Temporary Transportation Expenses settlement and defense of such claims SECTION III — PHYSICAL DAMAGE COVERAGE, and "suits" and keep us advised of all proceedings and actions. A.4. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced (b) You will not make any settlement by the following: without our consent. a. Transportation Expenses (c) We will reimburse you: (1) We will pay up to a maximum of$1,500 for (i) For the amount of damages be- temporary transportation expense incurred cause of liability imposed upon you by you because of Physical Damage to a by law on account of "bodily injury' covered "auto". or "property damage" to which this insurance applies, and (2) We will pay only for those covered "autos" for which you carry Comprehensive, Colli- (ii) For all reasonable expenses sion or Specified Case of Loss Coverage. incurred with our consent in connection with the investigation, (3) We will pay only for those expenses incurred settlement or defense of such by you during the period of time that begins claims or"suits". Reimbursement for twenty-four (24) hours after the covered expenses will be part of the Limit of "loss" and ends at the time when the Insurance for liability coverage covered "auto" can be reasonable repaired shown in the Business Auto or replaced. Coverage Declarations, and not in (4) This coverage does not apply while there addition to such limits. are spare or reserve "autos" available to you (3) The limit of Insurance for Liability Coverage for your operations. shown in the Business Auto Coverage Declarations is the most we will reimburse N. Amended Bodily Injury Definition — Mental you for the sum of all damages imposed on Anguish you, as set forth in paragraph 2.c. above, The following is added to SECTION V — and all expenses incurred by you arising out DEFINITIONS, Definition C.: of any single"accident" or"loss". "Bodily injury' also includes mental anguish, but only (4) You must maintain the greater of the follow- when the mental anguish arises from other bodily ing primary auto liability insurance limits: injury, sickness or disease. (a) Compulsory admitted insurance with O. Airbag Coverage limits required to be in force to satisfy the legal requirements of the jurisdiction The following is added to SECTION III — PHYSICAL where the accident occurs; or DAMAGE COVERAGE B. Exclusions 3.a.: (b) Insurance limits required by law and However, this exclusion will not apply to accidental issued by a government entity or by an discharge of an airbag due to mechanical or insurer licensed or permitted by law to electrical breakdown. do business in the jurisdiction where the "accident"occurs; or P. Amended Insured Contract Definition — Railroad Easement (c) Auto liability insurance limits of at least $300,000 combined single limit or SECTION V— DEFINITIONS paragraph H. "Insured $100,000 per person/$300,000 per acci- contact" is modified as follows: dent Bodily Injury, $100,000 Property 1. Paragraph H.3. is replaced by the following: Damage. If you fail to comply with the above, this 3. Any easement or license agreement. insurance is not invalidated. However, in the 2. Paragraph H.6.a. is deleted. event of a "loss", we will pay only to the extent that we would have been liable had Q. Coverage Extensions — Audio, Visual And Data you so complied. Electronic Equipment Not Designed Solely For The Production Of Sound (5) The insurance provided by this coverage extension is excess over any other collec- SECTION III — PHYSICAL DAMAGE COVERAGE tible insurance available to you whether on a B. Exclusions, exception paragraph a. to exclusion primary, excess contingent or any other 4.c. and 4.d. is deleted and replaced with the basis. following: PPA 300 03 13 Page 4 of 5 54432506 1 22FOSTECMG 110/10/19-20 GL/AUTO/CUB XCL P I Carol Noone 13/3/2020 2:36:51 PM (CST) I Page 8 of 9 a. Equipment and accessories used with such (3) An executive officer or insurance manager, if equipment, except for tapes, records, discs or you are a corporation. other electronic media device, provided such S. Unintentional Errors Or Omissions equipment is permanently installed in the covered "auto" at the time of the "loss" or is SECTION IV— BUSINESS AUTO CONDITIONS, B. removable from the housing unit which is General Conditions; 2. Concealment Misrepre- permanently installed in the covered "auto" at sentation Or Fraud is amended by adding the the time of the "loss", and such equipment is following: designed to be solely operated by use of the The unintentional omission of, or unintentional error power from the "autos" electrical system, in or upon the covered "autos"; or in, any information given by you shall not prejudice your rights under this insurance. However this pro- R. Notice Of And Knowledge Of Occurrence vision does not affect our right to collect additional SECTION IV — BUSINESS AUTO CONDITIONS, premium or exercise our right of cancellation or A.2. Duties In The Event Of Accident, Claim Suit nonrenewal. Or Loss, subparagraph a. is deleted and replaced T. Towing Coverage with the following: SECTION III — PHYSICAL DAMAGE COVERAGE, a. In the event of "accident", claim, "suit" or "loss", A.2. Towing, is deleted and replaced by the you must give us or our authorized repre- following: sentative prompt notice of the "accident" or 2. We will pay up to $750 for towing and labor "loss" including: costs incurred each time a covered "auto" is (1) How, when and where the "accident" or disabled due to a covered cause of loss. "loss" occurred; However: (2) The"insured's"name and address; and a. All labor must be performed at the place of (3) To the extent possible, the names and disablement; and addresses of any injured person and b. If the covered auto is a private passenger witnesses. type no deductible applies; and Your duty to give us or our authorized C. If the covered auto is not of the private representative prompt notice of the "accident" or passenger type our obligation to pay will be "loss" applies only when the "accident" or "loss" reduced by a $250 deductible per is known to: disablement. (1) You, if you are an individual; (2) A partner if you are a partnership; or ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPA 300 03 13 Page 5 of 5 54432506 1 22FOSTECMG 110/10/19-20 GL/AUTO/CUB %CL P I Carol Noone 1 3/3/2020 2:36:51 PM (CST) I Page 9 of 9 3/1 912 02 0 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT, TWo Rm DATE: 3/3/2020 REFERENCE**M&C 20- LOG 20 2019CONSTRUCTION INSPECTION NO.: 0123 NAME: SERVICES CONTRACTS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Five-Year Contracts for Construction Inspection Services for Various Construction Projects with Foster CM Group, Inc., Freese and Nichols, Inc., Halff Associates, Inc., Lamb-Star Engineering, L.P., Lina T. Ramey and Associates, Inc., Multatech Engineering, Inc., Pape-Dawson Engineers, Inc., CMT Engineering, Inc. d/b/a PaveTex, Raba Kistner, Inc., Teague Nall & Perkins, Inc., TranSystems Corporation dba TranSystems Corporation Consultants and VRX, Inc., with a Fee not to Exceed $5,000,000.00 per Firm (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute individual, five-year contracts with Foster CM Group, Inc., Freese and Nichols, Inc., Halff Associates, Inc., Lamb-Star Engineering, L.P., Lina T. Ramey and Associates, Inc., Multatech Engineering, Inc., Pape-Dawson Engineers, Inc., CMT Engineering, Inc. d/b/a PaveTex, Raba Kistner, Inc., Teague Nall & Perkins, Inc., TranSystems Corporation dba TranSystems Corporation Consultants and VRX, Inc., with a fee not to exceed $5,000,000.00 per firm. DISCUSSION: The Transportation and Public Works Department solicited firms to provide civil public works construction inspectors to inspect various City projects as a supplement to Staff in order to accommodate peak periods of construction. A Request for Qualifications (RFQ)was published for these services in the Fort Worth Star-Telegram in October 2019. On November 1, 2019, the Department received Statements of Qualifications (SOQ) for professional services from 12 firms for providing construction inspection services. Each firm's SOQ was evaluated based upon pre-established selection criteria including qualification of personnel, experience, performance on previous City contracts and availability. An inter-departmental committee deemed all firms qualified and recommends the following firms for contract approval: Foster CM Group, Inc., Freese and Nichols, Inc., Halff Associates, Inc., Lamb-Star Engineering, L.P., Lina T. Ramey and Associates, Inc., Multatech Engineering, Inc., Pape-Dawson Engineers, Inc., CMT Engineering, Inc. d/b/a PaveTex, Teague Nall & Perkins, Inc., Raba Kistner, Inc., TranSystems Corporation dba TranSystems Corporation Consultants and VRX, Inc. Based on current workloads, the Transportation and Public Works Department projects that approximately 1.5 billion dollars of infrastructure construction will be inspected over the next five years which includes developer-led projects. Based on current staffing levels, we anticipate that approximately 30 million dollars will be expended for contracted inspection services over the same period. These agreements will not guarantee any specific amount of work or payment to any contractor. As inspection work is needed for a project, a work order will be issued along with funding for specific work being identified and committed at that time. Funding for the construction inspection services projects may be provided through various capital project funding sources, including City Bond Programs. The Office of Business Diversity: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the OBD, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. Additionally, Lamb-Star Engineering, L.P., Lina T. Ramey &Associates, Inc., Multatech Engineering, Inc., d/b/a Multatech and VRX, Inc. are certified M/WBE firms. apps.cfwnet.org/council_packet/mc_review.asp?ID=27692&councildate=3/3/2020 1/2 3/19/2020 M&C Review FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds will be available in the current capital budgets, as appropriated, in the various funds for Transportation & Public Works Capital Projects. The Transportation & Public Works Department has the responsibility to validate the availability of funds prior to an expenditure being made. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year Chartfield 2 Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Roy Teal (7958) ATTACHMENTS apps.cfwnet.org/council_packet/mc_review.asp?ID=27692&councildate=3/3/2020 2/2