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HomeMy WebLinkAboutContract 43747CITY Q G, * R T WORTH, T[ MIAS CITY c= ECRETARY CONTACT N� STANDARD AGREEMENT FOR PROFESSIONAL s ;;RVICIES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Jacobs I-ngineering Group, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Capital Program Management Delivery Services. Article 8 Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachments "A" and "B". These services shall be performed in connection with Capital Program Management Delivery Services. (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 sub -consultants, 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 oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule, including the Incentive/Penalty schedule, shown in Attachments "S" and "C". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachments A and C . The City and the Consultant may mutually agree upon a fee amount for additional services and amend this Agreement accordingly. 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. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 04/06/2012 (modified by CFW 7.12.12) Page 1 of 8 oFvficilem„ 1 0-"l 2- 0. • Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of two (2) years, beginning on the effective date or until the completion of the subject matter contemplated herein, whichever occurs first. 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 its work to be performed hereunder and 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 respondent 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. The standard of care applicable to the Consultant's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, or defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant exercises control. (3) Notwithstanding any other provision of this Agreement to the contrary, the parties hereto mutually agree that neither party shall be liable to the other for any indirect, incidental, consequential or special damages including loss of revenue or profit, arising directly or indirectly from the parties' relationship under this Agreement or applicable law, and regardless of claims based upon contract or tort. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 04/06/2012 (modified by CFW 7.12.12) Page 2 of 8 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 all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any sub -consultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 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 with respect to Consultant's negligence on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Transportation and Public Works Department, Attention: Andy Anderson, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation 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. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 04/06/2012 (modified by CFW 7.12.12) Page 3 of 8 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. 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. 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. 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. The CITY shall be entitled, upon its request and without incurring expense, to promptly receive verification that Consultant s insurance policies including endorsements thereto are active and in force as noted on certificates of insurance provided to the CITY and, at the CITY'S discretion the Consultant may be required to provide proof of insurance premium payments. 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. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 04/06/2012 (modified by CFW 7.12.12) Page 4 of 8 Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. 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 does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article VIII, 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 Ilof this Agreement and Attachments B and C . (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 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 City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 04/06/2012 (modified by CFW 7.12.12) Page 5 of 8 at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority and Women Business Enterprise (M/WBE) Participation In accordance with City Ordinance No. 15530, as amended, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Consultant acknowledges the M/WBE goal of 20% established for this Agreement and its commitment to meet that goal. 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 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 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 XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed Ci y of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 04/06/2012 (modified by CFW 7,12.12) Page 6 of 8 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 XIV 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 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 XV 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: Andy Anderson 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Jacobs Engineering Group Inc. Attn: Kim C. Arnold 777 Main Street Fort Worth, Texas 76102 Article XVI 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 PMO Official Release Date: 04/06/2012 (modified by CFW 7.12.12) Page 7 of 8 Article XV00 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. It is agreed that this Agreement is effective as of the 11 th day of July, 2012. BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager BY: JACOBS FNGIN ERING GROUP, INC. Mi d 5ce9 1/13 s s-e- I Operations Manager Date: /0/a/Z. Date: APPROVAL RECOMMENDED: By: Dougla . Wiersig, P.E. Directo , Transportation and Public Works Department APPROVED AS TO FORM AND LEGALITY l3 ��Douglas W. Black Assistant City Attorney ATTEST: Mary J. Kays City Secreta M&C No.: (j - > 5 6 ty M&C Date: scr av‘stittlim „se 4 fOro, ik, IV O. 431)°"°°0 (I /IA/ °410 0 0 4:I alta: QQ1) t*O. o 7snli P fr*Z8Z� Gefit:°% 0 Li 0 04 0 ©000 ' tx 5 vc9 City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 04/06/2012 (modified by CFW 7.12.12) Page 8of8 411(_ i1Z'-AtL: fR(t1:1(r� : U L-) rc AR- h Attachment A Scope of Services City of Fort Worth Capital Program Management Delivery Services Program Statement Jacobs Engineering Group, Inc ("Consultant") shall provide staff extension services over a 24 month time period for the delivery of roadway capital improvement projects. Consultant's staff will be collocated with City of Fort Worth ("City") staff and be responsible for managing the delivery of individual roadway improvement projects as well as assisting in the ongoing assessment and enhancement of the overall program and project delivery model. Background The City is currently in the process of accelerating the implementation of three capital roadway debt programs valued at $237 million. These programs include 39 roadway and bridge improvement projects, 367 neighborhood street reconstruction projects and numerous individual intersections, traffic signal and ITS improvements. As part of the accelerated implementation, 14 new arterial street and bridge expansion projects will enter the design delivery phase. The goal of this accelerated delivery effort is to advance individual project implementation over the next 18 to 24 months and achieve a spend of over $150 million. The City over the past three years has developed and implemented an enhance Integrated Program Management Delivery System. A central component of this new System is the Project Management Information System structured around P6, Document Management System ("Buzzsaw") and Program Management Budget System (' CPMS"). To accelerate implementation of these capital roadway projects and further enhance the existing delivery system, additional external management staff is required. In the delivery of projects, the City manages the overall delivery process while relying on external consultant services for project design. Right-of-way is managed by the City with a combination of in-house and contract acquisition services. Construction management services are primarily performed by City resources with limited outsourcing to match peak workloads. The workload associated with roadway projects identified as part of the City's Capital Program will be assessed and individual projects will be reasonably distributed among the City s fully -integrated team of program managers and project managers. Program Scope of Work PART A The City of Fort Worth desires to retain Consultant to provide Staff Extension Services ("Services"). The Services include but are not limited to co -location of three full time Consultant staff resources comprised of one (1) senior program manager ('SPgMgr") and two (2) project manager/engineers ("PM/E"). The SPgMgr serves as the Transportation and Public Works Department's ("TPW") program integrator for accelerating delivery of more than $150M in capital projects which include arterials and neighborhood streets. The SPgMgr manages the two consultant project engineers and City may extend this responsibility to managing City Project Managers. The Consultant team shall manage the projects listed in Attachment D as further described below. Services include general engineering and support services determined by City to be reasonable and necessary extensions of staff services appropriate for delivery of Capital Projects. Jacobs Engineering Page 1 City of Fort Worth Capital Program Management Services The SPgMgr is responsible for developing the program structure, processes, procedures and integrated schedule to ensure consistent project delivery in compliance with TPW's "Contract with Council" established in October 2011. It is intended the Staff Extension resources will work within a staff extension model utilizing the existing City Program Management Delivery System. Consultant staff would be collocated at City facilities and integrated into the existing City management structure and delivery process. The City will provide resident workspace accommodations and office equipment for the collocated staff. The Consultant's PM/E representatives are responsible for managing and delivering individual arterial and bridge improvement projects — concept design through construction support services and project close. The two consultant PM/E positions also assist the SPgMgr in the delivery of the scope of work. As part of the City's Capital Improvements Program, the SPgMgr is responsible for managing and delivering the following: 1. Process improvement program defined as developing, implementing and memorializing project delivery process improvements and enhancements, and 2. Project management mentoring program for the purpose of transferring project delivery skills and knowledge to engineering and project management staff for sustained cost-effective project delivery. 3. Assist the City in assessing the current delivery process and development of appropriate enhancement elements that further drive value into the process. 4. Providing on -call services via mutually agreed Task Orders associated with and determined by City to be appropriate and necessary to deliver projects in the best interest of City The Consultant agrees to provide the following services in conformance with the City's Capital Program Management System and in coordination with the City's Program Management Office ("PMO') and Integrated Program Management System ("IPMS") a. Provide management and staff to achieve an integrated team delivery of the City's Capital Program for neighborhood streets and arterials. b. Implement and manage appropriate Working Groups that would focus upon facilitating delivery of an integrated approach to project delivery. c. Define and implement a program structure to facilitate the sharing of information among project teams and stakeholders who participate in the project delivery process. d. Create and implement process improvements to address gaps, synergies, duplications and opportunities to improve the overall product and results. e. Create and implement communication strategies to manage information associated with project delivery. f. Create and execute detailed project execution plans consistent with City's existing City Program Management Delivery System to support the City's Contract with Council. Facilitate meetings with stakeholders and partners to ensure process improvement through consistent collaboration, coordination and communication. h. Prepare and deliver as requested, regular briefings, presentations and regular updates to TPW Director and Assistant Directors. Jacobs Engineering Page 2 City of Fort Worth Capital Program Management Services j• i. Assess existing management tools and plans to include: master schedule, monthly schedule reviews, risk register, decision matrix, decision logs communication plans contingency plans as well as others needed or required for reporting to various stakeholder groups. Provide objective management review of project delivery priorities and coordination of project schedules to address potential impacts or conflicts. Deliverables Services will be reported monthly in a status report to be developed by the Consultant and upon approval by City implemented subject to changes from time to time as progress and reporting needs change. Any activities under Part B shall be separately identified and reported in the Services Monthly Report. Proposed Deliverables - Part A Ongoing Integrated Master Schedule Schedule Analysis Project Execution Plans Weekly status reports Monthly program report Quarterly program update Lessons Learned Reports Program (non -engineering) plans, processes, procedures and standards to advance project delivery Project Close -Out Program processes and procedures manual Mentoring Program manual Process Improvement /Change management Report Performance Evaluations, Incentives and Penalties The services described in this PART A shall be subject to performance evaluations, incentives and penalties as further described in Attachment C. PART B The SPgMgr is responsible for the scope, execution and delivery of task orders to be mutually agreed from time to time as outlined in Part B of this scope of work. The professional services subject to Task Order would be as determined by City and mutually agreed as determined by City to be appropriate and necessary to deliver projects in the best interest of City. A partial list of possible categories is indicated below but in no way limits City in determining potential appropriate and necessary Task Order content. When possible Consultant will utilize co -located staff to support the execution of task orders with additional home office support as needed. Jacobs Engineering Page 3 City of Fort Worth Capital Program Management Services Approved task orders will be performed by the Consultant on a time and materials basis within the 24-month performance period. A rate schedule of professional services positions is provided in Attachment B. Project Delivery • Project Management Procedures (implemented in the Financial System) • Alternative Delivery Guidelines (CMAR, Best Value are two examples) • Constructability Reviews • Value Engineering • Inter -discipline coordination reviews • Inter -agency coordination support • Engineering Subject Matter Experts • Permitting Support • Detailed Design and Review • Cost Estimating • Documentation Services • Utility Coordination Organizational /Enterprise Process Improvement • Green Sheet Process • Construction Contract Process • M&C Process • Safety Program and Procedures Manual • Business Process Improvement • Organizational Analysis • Stakeholder/Public Process • Sustainability Assessment • Program dashboard development Other Professional Services (Technical and Non -Technical) • Financial Analysis/Alternative Funding Subject Matter Expertise • Asset Management— Maintenance/Life cycle cost analysis • GIS • Project Controls support • Administrative support • Graphics support • Visualization Services Deliverables subject to Part B are addressed within each Task Order. GENERAL Construction Phase Services Consultant's scope of work shall not include making inspections or reviews of the safety programs or procedures of the construction contractor(s), and shall not review their work for the purpose of ensuring their compliance Jacobs Engineering Page 4 City of Fort Worth Capital Program Management Services with safety standards. If Consultant is called upon to review submittals from construction contractors, Consultant shall review and approve or take other appropriate action upon construction contractor(s)' submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. Consultant's action shall be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient time in Consultant's professional judgment to permit adequate review. Review of such submittals will not be conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities. Consultant shall not assume any responsibility or liability for performance of the construction services, defects or deficiencies in the construction services, for the safety of persons and property during construction, or for compliance with federal, state and local statutes, rules, regulations and codes applicable to the conduct of the construction services. Consultant shall have no influence over the construction means, methods techniques, sequences or procedures. Construction safety shall remain the sole responsibility of the construction contractor(s). Reviews To the extent Consultant is responsible for review and evaluation of work supplied by others, the City agrees to release and hold Consultant harmless from any and all liabilities to any person or entity caused as a result of deficiencies in such work. The City acknowledges that ultimate responsibility for deficiencies in such work shall be attributable to the person or entity providing such work irrespective of Consultant's review and evaluation of the same. Jacobs Engineering Page 5 City of Fort Worth Capital Program Management Services Attachment B — Compensation City of Fort Worth Capital Program Management Delivery Services BASIS OF COMPENSATION I. Definitions The following definitions are introduced to provide clarity of terminology used in explaining the basis of compensation: A. BASE FEE: For the purposes of this agreement, the Base Fee for the full term of the agreement is $1,738,536 The Base Fee will be earned at the rate of $72 439 per month through the life of the contract which is anticipated to be in effect for 24 months. Should the agreement terminate before the end of the 24 months, the final amount of the Base Fee due from the City, calculated based on date of the termination, will be paid within 30 days from the date of termination. B. FEE AT RISK: For the purposes of this agreement, the Fee At Risk is $171,943 This amount is the maximum amount at risk under Part A of the Program Scope of Work. The Fee At Risk will be invoiced at the rate of $7,164.29 per month through the life of the contract, less any penalty deductions incurred during the applicable billing period. Deductions from the Fee at Risk shall be determined based on delivery of the projects assigned to the Consultant. Each project has a series of performance measures which quantify the associated potential deductions for failure by the Contractor to meet project milestones (SEE ATTACHMENTS E AND F). Some of those measures are objective, and the City, in good faith shall be the final judge as to whether or not deductions should be assessed and to what level. In the event penalty deductions to the Fee at Risk are assessed, they shall be deducted first from any Bonus Fee earned by the Consultant in that invoice period and second from any invoiced Fee At Risk Should the City and Contractor agree to terminate the agreement prior to the scheduled end of the contract due to satisfactory early delivery of contemplated services, the balance of the Fee At Risk will be due to the Consultant, less any deductions or contingencies, within 30 days from the date of termination. C. BONUS FEE: For the purposes of this agreement, the Bonus Fee is $171,943 The Consultant may earn all or a portion of the bonus fee throughout the life of the contract. The bonus fee shall be determined based on delivery of the projects assigned to the Consultant. Each project has a series of performance measures (SEE ATTACHMENTS E and F) which quantify the associated potential Bonus Fee that is available to be earned. Some of those measures are objective, and the City shall be the final judge as to whether or not the Bonus Fee should be awarded and to what level. In no event shall earned Bonus Fees total more than $171,943. The Bonus Fee shall be paid from Part B services and shall not affect the amount payable for Part A services. D. RETAINAGE: Each month, all remaining potential deductions for all Contractor assigned projects shall be calculated using a tracking tool (SEE ATTACHMENT F) built upon each project's assigned value and unique performance metrics. This calculation will yield the remaining amount of payout and unspent potential penalty deductions for the City. The City will retain up to 25% of that amount (SEE ATTACHMENT G for SAMPLE INVOICE) The retainage will be held from any Fee At Risk and Bonus Fee that may be due the contractor. At the 18th month of the contract, the City reserves the right to adjust the retainage to 100% of the remaining potential penalty deductions. II. General Terms Jacobs Engineering Page 6 City of Fort Worth Capital Program Management Services A. Invoices will be submitted each month to reflect all progress, costs and retainage for the current performance period. • Part A services will be invoiced at $72,439.00 per month plus $7,164.29 in Fee at Risk, unless as adjusted for retainage and performance measures. The invoice and payment process is more fully described in Attachment G Sample Invoice, Attachment F Fee at Risk Tracking Tool, and Attachment E Sample Project Report Card. The Sample Report Card is provided as an example. Each project will maintain a formal and unique report card which will be acknowledged by the City and Consultant. The City and the Consultant may mutually agree upon modifications to a project report card with clear notations of changes and formal acceptance via signatures by both parties. Part B services will be invoiced based upon time and expenses incurred in the 30 days prior to the billing date. i. Part B hourly compensation is further described in Sections B through H below. ii. Total compensation for Part B shall not exceed $500,000. iii. For the purposes of calculating the total compensation expended under this Part B, the Professional Services Agreement dated June 15, 2012 authorized by M&C C-25622 (June12, 2012) shall be deemed to have been performed under this agreement. In the case of any conflicts the terms of this agreement shall control. • The total not -to -exceed compensation for Capital Program Management Services Part A and Part B is $2,410,478. B. All labor expended in performance of the work at Consultant's standard rates. • Consultant's standard work week is 40 hours. • The rate for compensation to Consultant for exempt employees working more than the standard work week will be at 1.0 times the standard rate for all hours worked above the 40 hours/week. • The rate for compensation to Consultant for non-exempt employees working more than the standard work week will be at 1.5 times the standard rate for all hours worked above the 40 hours/week. • The Consultant's Overhead Field Rate is: 2.40 • The Consultant's Overhead Home Office Rate is: 2.72 • The above rate schedule reflects the unburdened rates for employees working on the project. The actual rates billed will include a standard markup for fringes, overhead and profit as further described in Section 1(B) above. C. Cost for all travel & living, per diem, temporary & long term assignment expenses, etc. incurred by employees related to the performance of the Work in accordance with Consultant's standard policies. Compensation for mileage will be at the standard IRS rate at the time incurred. D. All out-of-pocket expenses for courier services, reprographics, and support materials directly related to the performance of the work, at cost plus ten percent (10%). E. Subcontracted services such as soils borings & investigations, environmental testing, materials testing, and other specialized services by third parties directly related to the performance of the work, at cost plus ten percent (10%). F. Technical or professional services furnished by third parties and their reimbursable expenses and other non -labor expenses incurred in performance of the work, at cost plus ten percent (10%). Jacobs Engineering Page 7 City of Fort Worth Capital Program Management Services G. All permits and fees required by regulatory or jurisdictional agencies obtained for the Work, at cost. H. All other expenses incurred in performance of the Work and not identified above, at cost plus ten percent (10%). III. Standard Hourly Rates (Effective January 1, 2012) Category Clerical/Admin Designer Senior Designer Engineer Senior Engineer Graphic Artist Project Coordinator Landscape Architect Planner Senior Planner Hydrologist Senior Hydrologist Environmental Scientist/Engineer Senior Environmental Scientist/Engineer GIS Technician Senior GIS Technician Survey Instrument Technician Survey Party Chief Survey Technician Survey Coordinator Survey Project Manager Survey Manager Project Controls Scheduler Project Management Support Project Engineer Senior Project Engineer Project Manager Senior Project Manager Program Manager Senior Program Manager Operations Manager Construction Inspector Min - $ 17 - $ 20 - $30- $ 29- $42- $35- $ 24 - $42- $42- $42- $ 26- $42- $ 26- $42- $ 26- $42- $ 27- $32- $ 27- $35- $40- $ 60- $ 49- $32- 45 - 50 - 48 - 65 - 52 - 75 - 80 - 35 - Max Hourly Rate 39 48 65 62 85 62 59 77 59 78 62 78 62 85 62 72 42 45 50 48 90 86 92 69 80 90 92 105 119 125 150 55 Notes: These rates are valid for one year from the date specified as "Effective Date" above and subject to adjustment thereafter. This Rate Schedule is not an all-inclusive list of categories of personnel employed by Consultant. Should there be a need to use a category(s) of personnel additional to the categories listed above, they will be discussed with the Client at the time their service requirements are defined and this Rate Schedule amended accordingly. Jacobs Engineering Page 8 City of Fort Worth Capital Program Management Services Attachment C Performance Incentives and Penalties The services described in Part A of the Statement of work are subject to periodic performance reviews by the City for the purpose of creating a performance based incentivized contract. Consultant shall be paid the Base Fee Payments monthly as stated above, additional payments or penalties will be assessed based on Consultant's performance on selected measures. Each project listed in Attachment D will be scored individually and form the basis of all Bonus Fee Payments or penalty deductions. Each project has been assigned a project value multiplier. The multiplier is based on the individual project's size, complexity, and current state of completion. The sum of each of the multipliers will total 9% of the "Program Fee" for the entire 24 month period of performance for a total of $171,943. Performance will be evaluated on a project by project basis. Scoring and evaluation is based on the specific Performance Elements listed below. Each element will be scored on the following Performance Metrics. Performance Elements: Design Phase — complete upon bid date Final Construction Estimate — complete upon bid tabulation Construction Start — complete upon contractor mobilization Construction Performance — complete upon substantial completion Performance Metrics: Schedule, Quality, Cost and Customer Satisfaction Scoring will be on a tiered incentive/penalty system measured above or below par performance with a total of +/- $171,943 available for release. Performance Level Potential Gain/Loss % Potential Gain/Loss $ Far Exceeds Expectations + 30% + $171,943 Exceeds Expectations +70% +$120,360 Par Meets Expectations no gain or loss fee remains $1,910,478 Below Expectations -70%-$120,360 Far Below Expectations -30%-$171,943 The reporting, reconciliation, and payout schedule will be in accordance with Attachment B— 24 Month Retention and Payout Schedule. Jacobs Engineering Page 9 City of Fort Worth Capital Program Management Services Attachment D Register of Assigned Projects and Values Jacobs Engineering Page 10 City of Fort Worth Capital Program Management Services 1 9 10 11 12 13 14 15 CPN ATTACHMENT D REGISTER OF ASSIGNED PROJECTS AND VALUES Project Name 141 Hemphill St. - W. Vickery Blvd. to Texas St. 145 E. 1st Street - Beach Street to Oakland Avenue 147 768 1273 Alsbury/Stone Rd. - IH 35 to Spinks Airport 1295 Lakeshore Drive - Wilbarger St. to Berry St. 1299 Robertson Rd. - Boat Club Rd. to W. of Lake Country Dr. 1419 Parker -Henderson Mansfield Hwy to Martin St. 1674 Ray White Gap - Beach St. to Crawford Farms 1724 Old Denton - Golden Triangle to Heritage Trace 1749 Old Decatur Road - Boaz Rd. to McLeroy 1802 Garden Acres Phase II Bridge Construction 1807 Old Decatur Road - McLeroy to Longhorn Drive 1809 Randol Mill Rd. - E. Loop 820 to Precinct Line Rd. 1812 Riverside Drive - Bridge over IH 820 Precinct Line Rd. 1000' N. of Trinity Blvd to 1000' S of Trinity Blvd. Phase II - Dirks - Alta Mesa - Bryant Irvin - Granbury Rd. District CIP Bond Yr. 8&9 4 4&5 3&6 8 5 7 5 2 2 7 6&8 7 4 8 2004 CIP 2004 CIP 2004 CIP 2007 CIP AVI & Impact Fee 2008 CIP 2008 CIP 2008 CIP 2004 CFA TI F 2008 CIP 2008 CIP 2008 CIP 2008 CIP 2008 CIP Projected Construction Start Date 5/8/2013 5/31/2013 2/21/2013 8/28/2013 5/21/2013 12/27/2013 3/25/2013 6/10/2013 5/14/2013 (Tarrant County) 5/14/2013 9/26/2013 1/28/2014 Design Only Design Only 11/18/2013 (TXDOT) Assigned Project Value (TBD) Combined NTE: 9% 0.7 0.7 0.7 0.7 0.7 0.7 0.5 0.5 0.5 0.6 0.6 0.7 0.4 0.4 0.6 9% Project Manager Ingram Ingram Ingram Ingram Alexander Alexander Alexander Ingram Alexander Alexander Alexander Ingram Alexander Ingram Ingram Attachment E Sample Project Report Card Jacobs Engineering Page 11 City of Fort Worth Capital Program Management Services FORT WORTH, Transits tata ro and Publoc irks GNU ject Rp*rt Card P roject Name: P roject Value: Performance Element ATTACHMENT E SAMPLE PROJECT REPORT (15 UNIQUE PROJECT REPORT CARDS FORMALIZED AND ACCEPTED ON JULY 11, 2012) 0.5 Maximum Risk Reward Score -24% +30% Opportunity and Additional Award Adjustment Tiers to Margin of satisfactory performance (no adjustment) Risk and Additional Deduction Adjustment Tiers Revision: 0 Dated: July 11, 2012 Report Card Revision Summary Revision: 1 City Acceptance: —I> • Schedule Quality Cost Customer Satisfaction Score 10% up to 5 week acceleration 8% 6% Up to 4 week acceleration 4% up to 3 week acceleration 0 Margin +/- 2 week acceleration - 4°6 up to 3 week overrun -6% up to 4 week overrun -10% I up to 5 week overrun - 8g6 more than 5 week overrun 0 Margin +/- 1 week - 2% up to 2 week overrun - 5% up to 3 week overrun -10% up to 4 week overrun -556 more than 4 week overrun 4 wee schedule ac c e erati 8% > 3week acceleration 6% up to 3 week acceleration 0 Margin +/- 2 week -656 Up to 3 week overrun -856 > 3 week overrun PERFORMANCE METRIC 4 - 5 owner -approved innovations 1 - 3 or more owner -approved innovations 0 No award innovations 1 PM Change Orders 6% PM Change Orders < 3 5% PM Change Orders < 4 Change Orders no > 3 -5% PM Change Orders > 3 - 6% PM Change Orders > 4 Score 0 -6°6 -10% up to 14% decrease in baseline cost estimate > 10 - 12% decrease in baseline Margin +/- 10% > 10 - 12% increase in baseline up to 15% increase in baseline cost estimate Score 0 no < 3.5 of possible 5 pts no < 4 of possible 5 pts No < 3.0 of possible 5 pts. -4% no < 2.5 of possible 5 pts. -7% > 15% increase in baseline cost estimate -2% < 2.0 of possible 5 pts. 8% 0 - 5% variance Margin of +/- 7% variance >7 % variance 5 °A 6% 5% 0 -3% - 6% Change orders < PM Change Orders 1 - 2% of TIC PM Change Orders no > 3% of TIC Change Orders no > 4% of TIC PM Change Orders no > 5 % of TIC PM Change Orders no > 6% of TIC 2% > 4,0 of RbSsible 5 pts. 3% no < 3.5 of possible 5 pts 0 No < 3.0 of possible 5 pts. -4% no < 2.5 of possible 5 pts. -2% < 2.0 of possible 5 pts. 3"/ Accumulated Customer Satisfaction Score > 4 0 of possible 5 Jigs 4% No < 3.5 of possible 5 pts 0 a No < 3.0 of possible 5 pts. -4% No < 2.5 of possible 5 pts. -6°% > 4 week overrun - 6% PM Change Orders > 5 - 5% PM Change orders > 65'6 Accumulated Customer -3% Satisfaction Score < 2.0% of possible 5 pts. 7°. More than 5 owner -approved innovations i 5% 4% 4 - 5 owner -approved innovations 1 - 3 or more owner -approved innovations i 0 No award innovations Revision Tracking: Changes to P1, Customer Satisfaction on MM/DD/YYYY Consultant Acceptance Andy Anderson, Transportation and Public Works Date Kim Arnold, Jacobs Engineering Date Attachment F Project Payout and Retainage Tracking Tool Jacobs Engineering Page 12 City of Fort Worth Capital Program Management Services ATTACHMENT F PROJECT PAYOUT AND RETAINAGE TRACKING TOOL CPN 141 145 147 Project Hemphill St. - W. Vickery Blvd. to Texas St. Value Total Value 0,07 $13,370 P1 Schedule EXCEEDS 70% 10% TOTAL 18% UNDER PERFORMS E.1st Street - Beach Street to Oakland Avenue TOTA NET 0.07 $13,370 EXCEEDS UNDER PERFORMS Precinct Line Rd. 1000' N. of Trinity Blv to 1000' S of Trinity Blvd. 70% TOTA -70% 3' TOTA N 0.07 $13,370 FAR EXCEED'; 1 1 768 1273 1295 PERFORMS UNDER P Phase II - Dirks - Alta Mesa - Bryant Irvin Granbu Rd 1299 P1 Quality I el ton 51,337 52,407 41,33' -1896 -52,407I 0% $0.00 9% 15% -9 $1,203 52,006 -51,202 -$2,005 51.00 8% 14% 0% $402 $1,070 51,872 $1,871.80 $1,070 S1,872 50 01( SO 51,871.80 P1 Cost 9% $1,203 16% $2,139 -1056 -51,337 -17%-$2,21( I-5133.70I $936 P1 Customer Satisfaction EXCEEDS 70%% 996 $1,203 8% 51,070 3% $1,203 3% TOTAL, 15% 52,006 14% 51,872 16% $2,139 556 •70% -9%-51,202 09ir 50 -10% 41,337J -4% tr,.. TOT 154 -52Ad 09b SO -t7% - 2,2T •67( N • $0.00I I $1,871.861-$133.70� 0,07 $13,3710 EXCEEDS UNDER PERFORM SIGNIEICAN71,1GSJNF MEM M Alsbury/Stone Rd. - IH 35 to Spinks Airport 9% 15% -9% 70% TOTHti -70% $13,370 EXCEEDS 70% 10% TOT 18% UNDER PERFORM •7 -10% Lakeshore Drive - Wllbarger St. to Berry St. TOTA NFT $13,3 i 7 EXCEEDS 70%6 TOTAL UNDER PERFORM $ICINIFICANT13 UNDER PERFORMS Robertson Rd. - Boat Club Rd. to W. oi Lake Country Dr. EXCEEDS UNDER PERFORMS Parker -Henderson Mansfield Hwyt' Martin St ,iIlill'..:n".. S9,5F.5 70% TOTAL 0.05 59,5°5 I5 UNDER PERFORMS rackin Too W�11t oncNCo 1 S�n t Crpwf CQ Tracking p 1674 Ray a ap- eac o ra or Farm, 0,05 7G 9% TOTAL 1596 -70')6% -996 TOTM` -15%N $9,5E5 51,204 $2,007 5956 S 1,720 -5956 •$1.720 8% 1456 0% 860 8% S 1,433 1456 -5860 0% -51,43) 65. 50.00� I ?67 ,yv -5802 -5133.70 P2 Schedule I P2 Quality I P2 Cost I P2 Customer Satisfaction 0% 50 8% 51.070 0% 0% sq 896 $1,070 0% 09f S1% 41%-51,070 0% 096 Si8% -51,070 096 $o.00I $0.00 51.070 $1,070 -51,070 5 ' •52,006' -52,005.50 0 I $0 0%$0.00 50 3% $401 Sq. 5% 5669 ` - l •49g 4535 +, 50 -6 -$802 $0.00 -$133.70 0% $0 0% :0I 0% 0 396 096:::00s:0s% -10%J -51,3$0 0% SO J -4% -151G $2,Otl6 096' S{� ,U j11,-61`-52,005.501 I $0.00I$0.0 0% 0% 4056 8% 51,070 11% 51,471 6% 13% $1,738 2356 $3,075 11% -$1,071) •656 4802 -69g -141 -51,872 -12%-$1,604] •11%I -$133.7 I 1 51,470.7U11 1 $401 9% $1,203 566- 16% $2,139 5535 -9 41203 -58d, -15 52,006 -$133.7 $133.70 11% 51,471 6% 2396 53,075 11% -6-$802 -6% -1296 -51,604 -119 51,470.701 I 5802 4% 5535 70% 51,471 7% 5936 -$802 -4% -5535 -70% 41.4711 -7761 -593650.001 ll 50.001 5401 9% 51,203 11% 51,471 6% S802 4^6 5535 70% 5663 161 52,139 23% 53,075 11% 51,471 7% 5936 -$ 1535 -9 •-51,203 -6% •$802 -6% -$802f -49i`1 -S53j -70% -l1I07, 15;5 52,006 -129� 51,60/ 11^i� 51,4711 -796 593`t� $133.7 $133.70I i $1,470.70I i 50.00� I $O.00I 170 ,72 50 $q .80� 9% 1696 -10% .:. -179i S1,203 $2,139 -$1,337 $2,2/ I -5133.70 3% 596 -4%, -676 S401 5669 -$535 -$Sd�7 5133.70� 0% $0 0% 59 096 $1 096f S6 1 $O.00I 0% 096 096 .. 07L $0 856 S. 896 9 -89 SU' -89� I $O.00I $1,070 51,070 _$1,070 5],07(1J $0.061 0% 056 0% 0% 50 59 $0 5(1� SO.00I 0% 09 -10% 159f So 50 -$1,33 7 -52,006 52,005,50 0% 0% 0 096 $0 50 $! $ $0.00 0% 0% 0%% 0% 50 $q S• 5/ $0.06 3% 3% -4% i 696 $401 5401 -5535 -580�' (-$401.10 9% 16% -9 15 $1,203 52,139 •51,203 $2,006 $133.70I 5764 S1,338 16% 50 -10% 50l -1791 51,337.70. I $1,203 3% $401 57,139 5% 5669 •$1,337J -4%-$535 • / 52 21 -6 -580 -513.3 7CI I-5133.70I7 $860 $1,529 -5956 51 -s -$ -$8dj -$133.633I $287 $478 -S384 0% 50 0% sq 0% S0 0% 0% $0 0% 0% 5 056 so.o SO q1 896 8% 50 -896 $0.00 50.0 5764 0% $764 0% -5764„ 0% "1rtlli, ''",' 111111511111111 860 ,529 $956 1,G24 15.5S 3% 5% .4% •67� f $287 $478 -5381 $57? -$94.5� ( 0% 0% 096 t7 $0 0% sq 0% $s 0% 5 09� $0.00I $0 SO SI SU , $0.00 8% 8% -8` AI 5764 5764 -S764 -5764 I 50.o0 0% 056 0% 01 I 0 50 $0.0 SO 0% S0 SO 0% $0 -S1,337 09) 50, --$2,00t 091 50 -$2,005.50 $0.00 -$1,433.2 $0 096 SO 0% -5956 0% -51,43 III 071 51,433.25 0% So 0% $ $0.00I o1 5, f; so.01)' 3% 5% -4% 119 $1,473 23% $3,07S -696 -$802 -12 1-51,604 $1,470.70 6% $802 496 5535 70% 1156 $1,471 796 593E -6% 4802 -496 -$535 -707 -1195-51,471 •79( -5936I I $0.00 SOAP. $401 89 $1,070 11% 51,471 6% 5802 4% 5669 13% $1,738 23% $3,075 1196 51,471 7% 4535 -8 51,070 -6% 5802, -69(j -5802 -4% $SO/ 14 51,872 -124-51,604 -119; 51147� -776 493 /� -$133.70I-5133.70 51,470.70 50.00I I SO.OtI' 5535 $936 4535 -7016 51,204 11% 51,471 6% 5803 4% 5535 70% $2,140 2396 53,077 1116 $1,471 796 5936 -$1,203 -6 -5803 -6% -$803J -4% -5535 -70% $2,OOb -127`I 51,601j -1176 -51,47 •7'!1� -5936% $134.82I $1,472.3 I $0.77 $0.49 $287 8% S764 1396 $1,052 6% $478 13% $1,242 2396 52,198 -$38)�� -8, -$764 -696 -$572/ -6% -5573 -1g -51,33i%% -12'SJ -$1,145 -111 S95.S 1-$95.5/ $1,053.0 5191 $287 5476 -5382 -557� -i -$95.5/ 9% 5860 11% $1,051 6% 16% 51.529 23% $2,198 -9% -$860, -696 -5573 -6%J 43,43' -12 51,147 -11;'b 595.55 $1,051.d4 -_FARE&ram 557-1 55711 7",. Sri n 50 5191 $' is'a 1 ? 51.11'r 5573 $1,051 -5573 -5],05w11 -7')1 S0.o61 5573 S1,051 -5573 -$1,051 $o.d6 r,"' r,17)1 4% 776 -4% $382 $669 -5382) -$66)JJ $0.06I $9,359 S13,370 •59,3591 •$13,370 $0 $9,359 $13,370 -$9,359 -$13,370 $01 $9,359 S13,370 -59,359 -513,370 $9,359 S13,370 -59,359 -$13,370 $9,359 513,370 49.3591 -$13,370, $0 59,364 $12,975 -59,361 -$12,972' $31 $6,685 $9,555 .i6,68p -$9,554] $o1 4% $382 70% 56,689 -4% -5382 •7?6 -$66� $0.00( "871 $9,555 -$6,688 -$9,554 Sc S2,86 :PNI 1724 Project UNDER PERFORMS �a�3 a� Old Denton - Golden Triangle to Heritage Trace EXCEEDS 70% 996 TOTAL 1596 ERFtt0RrrM -7036 -9% TOT, NET 0.06 S11,466 Value) Total Value P1 Schedule 1591j I P1 Quality Pl. Cost P1 Customer Satisfaction 5860 8% 5764 9% $860 3"6 53,433 1436 51,338 16% $1,529 596 -$86 0% S0 -10% -5956 .4% J . -5961 51,433 076SO-179 $1,621 -6f5 $ ( $1,338C SO I I EXCEEDS 70^6 TOTgll -7096 TOTA( NET 1749 i 1802 1807 1812 UNDER PERFORMS Old Decatur Road - Boat Rd. to Lon horn M 0,06 EXCEEDS UNDER PERFORMS Garden Acres Phase II Bridge Construction UNDER PERFORMS Old Decatur Road - McLcroy to Longhorn Drive EXCEEDS UNDER PERFORMS c !LU Randol Mill Rd. - E. Loop 820 to Preclnc Line Rd UNDER PERFORMS Riverside Drive - Bridge over IH 820 EXCEEDS UNDER PERFORMS Performance Contingency Report Card Tracking Tool 114611111111111201 S11,466 7096 TOT* -70% TOTN( NET S13,370 57,642 57,642 $11,4E5 9% $1,032 896 1596 51,720 1496 -9%-51,032 0%11 -159�05 -S1,729 $0.0 I I Pik $287 $478 -5382 -SS Ai S� t i hrA ,S613 5917 996 51,605 1696 $0 -10%1 41,147 51,032 51,835 $0 1796-$1,9491 $1,605.2411 I-5114.66 9% 51,03; 896 5917 9% S1,03', 5% 51,54814% 51,444 1696 51,65 996-$1,03z 0% SO -10% -$1,14 5 f-$1,7211/ 09i $Q •1796 Slf $0.001 I $1,444.3 1 I-$102.1 2096 3696 -25% 20% 36% -25%• 70% -9% TOTAL 15%1 -70% -9%I A 1L. NFTI 30961 $1,528 20% $2,751 3296 41,9111 09(1 • -53,131) 01 •$380.101 $1,528 52,751 S1,032 51,720 14% -51,032 0%-S 1,72 I 3% 5% -4% 61 5344 $573 -5459 ATTACHMENT F PROJECT PAYOUT AND RETAINAGE TRACKING TOOL P2 Schedule 1 P2 Quality 0%I 0% 01) sq $q 054 0% $0 $0 50 P2 Cost 8% 8% -8% $764 0% 5764 0% -5764 0% -$76 I 09 $0I I P2 Customer Satisfaction $0 sq so $I So w -• 04 Quality S860 11%I $1,529 23% •5860 -6% -$1,43' -12 1 59 I 1 51,051 52,198 -5573 iH Cost $573 456 $1,051 7% -5573% -4% -$1,051 -79 5011 0161 - SO cm, atd SO1• o�i:I So SO 1 0 So l o-r, 7^, 5µn1 I t71 5382 5669 -5382 •566 5 •:r,71l {^ I ::141 $6,689 $9,555 -56,688 . $9,554 0% $0' 0% $0 8% 5917 096 $q o% $0 8% $917 0%)61 5 0%l $0 -8% -$917 5� �176 $U •874 -591 $O.00I 50.00 I $0,00I 0% 096 0% 096 I S0 So 50 $0.00 o;K� S0 09 n SO 096 -10%%-S1,147 0% -15761 -51,7/ 09� -$1,719.90I 50 0%I 50 3% 50 0%II $q 596 $0 0%I So •4% SU 096f 50 -69fif 50.00� I so.d ( I 5344 $573 936% 51,032 1156 $1,261 6% 1696 51,835 2396 52,637 •9% •$1,032 -6% -$688 -6% t, I.1 5 -51,7 01.124 ' -$1 3`17 -11 '�I $114.61 $1,261.2,rI I 2 336 5344 096 50 036 50 8% 5917 036 50 096 50 036 50 036 50 396 5344 956 51, 1 596 $516 0% $q 096 sq 8% 5825 096 S0 096 $0 0% $0 0% SO 596 SS3 16% S1, 6 -4% •$459 j 0%) 5' •896 -$917 0% $OI •30%j $1147 0 5. 0%� 50 -49g -S45' -9 -51, '- .� '..1 a a s`rl .JI'' �? ,'1 '/ �+, . ,1 I ;I,G ;; J fa . -696 0 $6� 09� 5� 096 SUIT ( •8961 •$917 096 $0 15 $1,72 0% SQ 0 $ ( 696 I $68 159i51, 1 •$103.17I 50.00' $O.00I $0.0�1 50.0 ! $1,547.�( $0.0 f $0,0 ( 5103.�� - $10i $1,203I 3% 52,139 596 -$1,336) -52.272 -6%1 -$132.7 1 I $1,528 2096 51,528 1036 52,445 3236 $2,445 2036 S� -25%1 -$1,911 -20% 5 l -4246 .53. 21g11-37% 52,445.44I I •5764.20 51,528 10% $2,445 2056 -51,914-20% -53,210 37 -$764.20( 51,032 3% $1,834 5% -51,147) -4%, -$1,94 -69ij 50.00 I $1,605.10 -5113. 51 I 4 S917 9% $1,605) 16% 50 •103, S I-1796 I 096 $q 0% 096 So 096 SOI 0% $1,070 51,070 -51,070 5917 o% -$91 7, 0% •591)) 05 $113.6 I I 1 $0.o $0.00 so.001 I 50.001 $0 So SO So 0% S0 0 SO 0%I $0 3%' $401 0% $0 0% SO 0% $0 596 5669 -1 51.337 50 0166 SO 4; -5535 -15-$2,005 0%S( 09� SU •69b 5� -52,004.5 1 $0.001 f $0.00I -$133. 01 0%I 0% 50 So $o So 0% SO SO •10%-51,147 0% 0% 076 0% 0 157y -51,710101101 $UJ I 07GI 5-69 I-$1,719./51 50.00 $O,00I t $0 0% S0 0% SO 0% $q 0% 0% 50 0% 0 SO� 056 � - SO 0% $U 09� $ d7flI $0,00I $0.00I S0 $0 50 2 3% 596 -4% 50 Sq SO di $0.$001 c»n 5344 $573 032 651 033 51,261 $2,373 -568s 696 -6% 5688 4% 51,261 796 -5688 -4% -51,26 ) 79' $0.001 $688 51,135 -5688 4% 7% -4% 5459 5803 -5459 -$803l 50.001 5459 5722 -$459 11111110 -8 l 720 .12 -51 3777r -119�-51,26(-796 l.1 $1,134. 7I $0.0Q $0.0 9% 51,203 11 % $1,471 6% 16% $2,139 2396 53,075 •9-51,203 -69f -5800 -616 -15 52,006 -1241601-11 $133.70 151,470.7I 096 09I -$459 -9 $68 -15% $114.( $01 50.00 $1,032 $1,834 -51,032 51,726J -1271� 5114 dS 1 $0 096 Sr 0% $q 0% 096 0% $0 0% 0,1(( 51 09� I SO.oj I $1,2611 696 $2,637 46871 -6% Sl 37// -11�f • $1,'Al .15( 1196 2396 •6 70% -70% 7096 -70% $ $0 58,026 $11,465 -58,02E -511,465 50 $8,0261 S10,317 -$8,026 -511,637 S0 59,3591 $12,970� -$9,359 -512,970 $5,349 $7,641 •$5,349 -$7,641 50 55,349 $7,641 -$5,345 -$7,641 $i $0 0% 50 096 S0 0% 50 $q SO SO 0% 5 0'1� $0 $0.00{ $0.0 ( ;:f 71 5688 51,261 -56813 {' 4% 796 -4% 5459 5803 •$459 -51,26]' -79 I -5803f 50.00 50.00 7076 -70% Se,o2s 511,464 -58,025 -$11,46 0{ Attachment G Sample Invoice Jacobs Engineering Page 13 City of Fort Worth Capital Program Management Services ATTACHMENT G SAMPLE INVOICE FOR USE AS CONTRACT EXHIBIT City of Fort Worth Professional Services Pay Request CONTRACT INFORMATION Contract Number: MCXXXXXXXXX City of Fort Worth Program Contract Name. Management Services Consultant: Jacobs Engineering Pay Request Number 3 Pay Period From: September 10, 2012 To: October 7, 2012 Executed Contract Date: July 11, 2012 Contract Expiration Date: July 11, 2014 Complete: 12.50% EXPLANATION OF INVOICE PAY ESTIMATE DATA Original Contract Amount Executed Amount of Contract Modificiation (+/-) Revised Contract Amount: Contract (Labor w/OH) Base Fee (24- month Performance Per od) Contract (9%) At -Risk Fee (24-month Performance Period Contract (9%) Risk/Reward At -Risk Bonus Fee Cumulative Base Fee Paid: Base Fee Earned this Period: Base Fee Earned Inception -to -Date Cumulative At -Risk Fee Earned: At -Risk Fee Earned this Period At -Risk Fee Earned Inception -to -Date At -Risk Fee Paid -to -Date At -Risk Fee Retained: Cumulative At Risk Bonus Fee Earned/Deducted: At -Risk Bonus Fee Earned/Deducted this Period: At -Risk Bonus Fee Earned/Deducted Inception -to -Date At -Risk Bonus Fee Paid -to -Date PBM Retained: Cumulative (At -Risk Fee and Bonus Fee) Retainage: Remaining At -Risk Bonus Fee (+/-) Potential Remaining At -Risk Bonus Fee Potential (25%): Amount of Cumulative Retainage > 25% Retainage Released this Period: Amount Due this Pay Period: $1,910,478.00 $0.00 $1, 910, 478, 00 $1,738,535.00 $171, 943.00 $171,943.00 $144,878.00 $72,439.00 $217,317.00 $14,328.00 $7,164.00 $ 21, 492.00 $0.00 $21,492.00 $11,130.00 $2,430.00 $13,560.00 $0.00 $13,560.00 $35,052.00 $153, 649.00 $38,412.25 -53.360.25 $0.00 $72,439.00 Kim C. Arnold, Senior Program Manager Jacobs Date City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/12/2012 CONTINUED FROM A PREVIOUS WEEK DATE: Tuesday, May 15, 2012 REFERENCE NO.: C-25622 LOG NAME 20ENGINEERING SERVICES AGREEMENT - JACOBS SUBJECT: Authorize Execution of an Engineering Services Agreement with Jacobs Engineering Group, Inc., in the Amount of $2,410,478.00 for Staff Extension Services Over a Twenty Four Month Time Period for Accelerating Delivery of Transportation Capital Improvement Projects (ALL COUNCIL DISTRICTS) RECOMMENDATION. It is recommended that the City Council authorize the execution of an Engineering Services Agreement with Jacobs Engineering Group, Inc,. in the amount of $2,410,478 00 for staff extension services for a twenty four month time period for accelerating delivery of transportation capital improvement projects. DISCUSSION: The Department of Transportation and Public Works (TPW) in October 2011 developed an aggressive schedule for the delivery of all remaining Capital Projects in the 2004 and 2008 Bond Funded programs as well as the 2007 Critical Capital program. A critical element to this accelerated delivery schedule is management of individual improvement projects and the effective work load of individual program managers and engineers to achieve maximum project values, and minimize schedule and cost components. To realize these delivery goals, additional Staff resources are required during this peak in work activities. The Department has reorganized City Staffing to meet this demand and included additional Staff extension consulting services which will integrate into the City delivery model, providing specific program/project delivery experience. The proposed Staff extension consulting services will be utilized over the next 24 months to manage the delivery of individual improvement projects. In addition the services will be utilized to further streamline the existing delivery procedure developed as part of the Integrated Program Management initiative. Consultant Staff will work side by side with Staff allowing further best practices and mentoring to be integrated into the City process. On January 26, 2012 and February 2, 2012, TPW issued a Request for Qualifications (RFQ) soliciting responses from consulting firms to provide these services. Seven responses were received which were evaluated based upon demonstrated experience of the identified Senior Program Manager, experience of the Project Engineers, understanding and approach to fulfilling the defined role, and similar program and project delivery abilities of the firm's support Staff. The responses were evaluated by representatives of TPW and the Program Management Office. Three firms were selected for face to face interviews with each of their designated three member teams. Those interviews included representatives of TPW, Project Management Office and Water Department. The interview panel unanimously selected Jacobs Engineering Group Inc,. as the firm that could best provide the defined services. Logname: 20ENGINEERING SERVICES AGREEMENT - JACOBS Page 1 of 2 This program support contract is structured in two parts. Part A is for the Staff extension services which will include one Senior Program Manager and two Project Engineers for a period of two years. The contract amount for those services is $1,910,478.00 Part B is for specific tasks which will be initiated as defined to address specific project delivery streamlining and enhancements which will involve additional support Staff. As these efforts are determined to be warranted and are clearly defined, the City will issue individual work orders to the Consultant for which a cost determination will have been prepared and approved before work begins. The total maximum available for Part B services is $500 000.00. Funding for this work effort will be allocated to each of the three capital debit programs as well as individual capital projects. Jacobs Engineering Group, Inc., is in compliance with the City's M/WBE Ordinance by committing to 25 percent M/WBE participation The City's goal on this project is 20 percent. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funding will be available in 2004, 2007, and 2008 Capital Projects on a project by project basis. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W. Wiersig (7801) Andy Anderson (8648) ATTACHMENTS 1. JEG Revised Compliance Memo 5.03.12.pdf (CFW Internal) Logname: 20ENGINEERING SERVICES AGREEMENT - JACOBS Page 2 of 2