HomeMy WebLinkAboutContract 54953 CSC No. 54953
CITY OF FORT WORTH, TEXAS
MASTER AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality ("CITY"), and Jacobs Engineering Group Inc., authorized to do business in
Texas, ("ENGINEER"), for a PROJECT generally described as: General, minor
Engineering services on an as-needed basis (Agreement).
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "K—Scope of Services;
3. Attachment "B"—Sample Addendum - Scope of Work
4. Attachment "C" -Verification of Signature Authority Form.
Attachments "A""B" and "C" which are attached hereto and incorporated herein, are made
a part of this Agreement for all purposes. In the event of any conflict between the terms
and conditions of the Attachments and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. A sample addendum for
each Scope of Work has also been included as Attachment B.
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in an amount not to exceed $99,500
per year.
B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement
shall be for a term beginning October 1, 2020 (effective date), and shall
continue until May 31, 2025 (Expiration Date).
OFFICIAL RECORD
CITY SECRETARY
City of Fort worth,Texas FT.WORTH, TX
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
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Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, which will be
determined in the City's sole discretion, including but not limited to meeting
the requirements set forth in any separate Addendum to this AGREEMENT,
to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services under Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
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B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or
similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise
the CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that
could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
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entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
this AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If the ENGINEER makes on-site
observation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
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warranty that the CITY's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other
matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
any errors or omissions in the information from others that is incorporated
into the record drawings.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity goals (Chapter 20,
Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-
2011, as amended), the City has goals for the participation of minority
business enterprises and/or small business enterprises in City contracts.
Engineer acknowledges the MBE and SBE goals established for this
contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this Agreement and debarment from participating
in City contracts for a period of time of not less than three (3) years.
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J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during normal
working hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this article
together with subsection (3) hereof. CITY shall give subconsultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
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insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of "any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the contract or the first date of services to be performed, whichever is
earlier. Coverage shall be maintained for a period of 5 years following the
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completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
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i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
The doctrine of respondeat superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
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(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with
published design criteria and/or current engineering practice standards
which the ENGINEER should have been aware of at the time this
Agreement was executed, the ENGINEER shall revise plans and
specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities'
published design criteria and/or practice standards criteria which are
published after the date of this Agreement which the ENGINEER could not
have been reasonably aware of, the ENGINEER shall notify the CITY of
such changes and an adjustment in compensation will be made through an
amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
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with the ENGINEER's services. The CITY will be responsible for all acts of
the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses
required by local, state, or federal authorities; and land, easements, rights-
of-way, and access necessary for the ENGINEER's services or PROJECT
construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
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G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/installation insurance at the
replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
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J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
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D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER' compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify or hold harmless the CITY against liability
for any damage committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
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exercises control to the extent that the damage is caused by or
resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier.
CITY is entitled to recover its reasonable attorney's fees in proportion
to the ENGINEER's liability.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
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ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will
be performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND
HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this Agreement for violations of this
provision by ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
If Engineer has fewer than 10 employees or the Agreement is for less than
$100,000, this section does not apply. Engineer acknowledges that in
accordance with Chapter 2270 of the Texas Government Code, 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 Agreement, Engineer certifies
that Engineer's signature provides written verification to City that
Engineer: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the Agreement.
M. Changes of Work
The ENGINEER shall make such revisions in the work included in this
AGREEMENT which has been completed as are necessary to correct errors
appearing therein when required to do so by the City without undue delays
and without additional cost to the CITY. If the CITY finds it necessary to
request changes to previously satisfactorily completed work or parts thereof,
the ENGINEER shall make such revisions if requested and as directed by
the CITY. This will be considered as additional work and paid for as
specified under Additional Work.
N. Additional Work
Work not specifically described under any one "Scope of Services" as
discussed in Attachment A of this Agreement, must be approved by a
supplemental addendum to this AGREEMENT by the CITY before it is
undertaken by the ENGINEER. If the ENGINEER is of the opinion that any
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 16 of 39
work ENGINEER has been directed to perform is beyond the scope of this
agreement and constitutes extra work, ENGINEER shall promptly notify the
CITY in writing. In the event the CITY finds that such work does constitute
extra work, then the CITY shall so advise the ENGINEER, in writing, and
shall provide extra compensation to the ENGINEER for doing this work on
the same basis as covered under Compensation and as provided under a
supplemental agreement. The lump sum fee shall be adjusted if additional
work is approved by supplemental agreement and performed by the
ENGINEER.
O. Consequential Damages
Notwithstanding any other provision of this AGREEMENT to the contrary,
the parties hereto mutually agree that neither party shall be liable to the
other for any indirect, incidental, consequential, exemplary, punitive or
special damages or loss of income, profit or savings of any party, including
third parties, arising directly or indirectly from the parties' relationship under
this AGREEMENT or applicable law.
P. Limit to Use Hard Copies
As a component of the Services provided under this AGREEMENT,
ENGINEER may delivery electronic copies of certain documents or data (the
"Electronic Files") in addition to printed copies (the "Hard Copies") for the
convenience of the CITY. The CITY and its consultants, contractors and
subcontractors may only rely on the Hard Copies furnished by the
ENGINEER to the CITY. If there is any discrepancy between Electronic File
and the corresponding Hard Copy, the Hard Copy controls.
Q. Acceptance Procedure
The CITY acknowledges that Electronic Files can be altered or modified
without the ENGINEER's authorization, can become corrupted and that
errors can occur in the transmission of such Electronic Files. The CITY
agrees that it will institute procedures to preserve the integrity of the
Electronic Files received from ENGINEER until acceptance. The CITY
further agrees that it will review the Electronic Files immediately upon receipt
and conduct acceptance tests within thirty (30) days, after which period the
CITY shall be deemed to have accepted the Electronic Files as received.
The ENGINEER will undertake commercially reasonable efforts to correct
any errors in the Electronic Files detected within the 30-day acceptance
period. The ENGINEER shall not be responsible to maintain the Electronic
Files after acceptance by the CITY.
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 17 of 39
R. Warranty of Compatibility
The ENGINEER does warrant and represent that the Electronic Files will be
compatible with or useable or readable by systems used by the CITY and its
consultants, contractors and subcontractors. The ENGINEER is not
responsible for any problems in the interaction of the Electronic Files with
other software used by the CITY or its consultants, contractors and
subcontractors.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument.
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
(Signatures on Next Page)
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 18 of 39
BY: BY:
CITY OF FORT WORTH ENGINEER
Jacobs Engineering Group Inc.
�C1— —
Fernando Costa(Dec 1,202014:29 CST)
Fernando Costa Ben Almond
Assistant City Manager Operations Manager
Date: Dec 1,2020 Date: November 19, 2020
APPROVAL RECOMMENDED:
By:
Roger Venables
Interim Director, Aviation
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
TvlerZ Dale
Tyler Z Dale(Nov 23,2020 09:42 CST)
Tyler Dale
Airport Project Coordinator
APPROVED AS TO FORM AND LEGALITY
7�lDltIGLI,�0yG2 h`6t`1JB`1
By.Thomas Royce Hanse (Dec 1,202014:13 CST)
Thomas Royce Hansen
Assistant City Attorney
4,dp'o�0��
ATTEST: apF FORr �a Form 1295 No. N/A
00� o o
0 0
farRanald P. Ganzales aP�� op��
for Ronald P.Gonzales(Dec 2,2020 09:28 CST) 0~o° o
0 0
City Secretary KayserMary J. a� o° M&C No.: N/A
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M&C Date: N/A
OFFICIAL RECORD
CITY SECRETARY
City of Fort worth,Texas FT.WORTH, TX
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 19 of 39
ATTACHMENT "A"
Scope for Engineering Design Related Services for Fort Worth Alliance Airport
The scope set forth herein defines the potential work to be performed by the ENGINEER
as requested by City throughout the term of this Agreement. Both the CITY and the
ENGINEER have attempted to clearly define the potential work to be performed and
address the specific needs of the Airport.
WORK TO BE PERFORMED
OBJECTIVE: Obtain airport engineering services at Fort Worth Alliance Airport, on an as
needed basis for the term of the Agreement, for minor issues or projects that arise that are
not tied to a grant funded project which may include design, bidding and construction
phase services.
Each time the City is in need of a service under this Agreement, the City will submit a
written request to Engineer for the services needed. The Engineer will then provide a
written scope of work outlining the specific tasks they will fulfill. A Sample Scope of Work
has been attached as Attachment B to the Agreement. The Engineer's written scope of
work will be signed by both parties before any work will be performed by ENGINEER and
will include the total cost and the breakdown of payments by City to Engineer for the
services specified. Each scope of work will be attached and filed as an addendum to this
Agreement.
The work requested by City and performed by Engineer may include, but is not limited to,
the following tasks:
Task 1. Design Management
Task 2. Preliminary Design
Task 3. Final Design
Task 4. Bid Phase Services
Task 5. Construction Phase Services
Task 6. Survey and Subsurface Utility Engineering Services
Task 7. Permitting
Task 8. Plan Review
Task 1. Design Management
Engineer will manage the work outlined in the then agreed upon scope of work to ensure
efficient and effective use of Engineer's and City's time and resources. Engineer will
manage change, communicate effectively, coordinate internally and externally as needed,
and proactively address issues with the City's Project Manager and Others as necessary
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 20 of 39
to make progress on the work.
1.1 Managing the Team
- Lead, manage and direct design team activities
- Ensure quality control is practiced in performance of the work
- Communicate internally among team members
- Task and allocate team resources
1.2 Communications and Reporting
- Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm
and clarify scope, understand CITY objectives, and ensure economical and
functional designs that meet City requirements.
- Conduct and document biweekly project update meetings with CITY Project
Manager
- Conduct review meetings with the City at the end of each design phase
- Conduct and document biweekly design team meetings
- Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the City.
- Prepare and submit a baseline Project Schedule initially, and Project Schedule
updates with a schedule narrative monthly, as required in Attachment D to this
Standard Agreement and according to the City of Fort Worth's Schedule Guidance
Document.
- Complete monthly M/WBE Report Form and Final Summary Payment Report Form
at the end of the project.
- Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design.
- With respect to coordination with permitting authorities, Engineer shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs. Engineer shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to meet
their requirements, as part of the design scope.
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
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- Personnel and Vehicle identification: When conducting site visits to a project at a
project location, the Engineer or any of its sub-consultants shall carry readily visible
information identifying the name of the company and the company representative.
DELIVERABLES
a. Meeting summaries with action items
b. Monthly invoices
c. Monthly progress reports
d. Baseline design schedule
e. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
f. Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows:
2.1 Data Collection
- In addition to data obtained from the CITY, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the
project. ENGINEER will also identify and seek to obtain data for existing conditions
that may impact the project including; utilities, agencies (TxDOT and railroads), City
Master Plans, and property ownership as available from the Tax Assessor's office.
- The data collection efforts will also include conducting special coordination
meetings with affected property owners and businesses as necessary to develop
sewer re-routing plans.
2.2 Subsurface Utility Engineering
- Provide Subsurface Utility Engineering (SUE) per Task 6.
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 22 of 39
2.3 Development of Preliminary Design Drawings and Specifications shall include the
following:
- Cover and index of sheets including project limits, area location map and beginning
and end station limits.
- Phasing Plan: Develop a phasing plan utilizing standard traffic reroute
configurations posted as "Typicals" on the CITY's website. The typicals need not
be sealed individually, if included in the sealed contract documents. The phasing
plan shall be incorporated into the design drawings and are to include road and
taxiway and/or lane closures, limited access to adjacent properties, and limited
access to pedestrian and bicycle traffic. Landside phasing shall be completed as
required per the latest edition of the Texas Manual on Uniform Traffic Control
Devices. Airside phasing shall be completed as required per the latest edition of
the Texas Manual on Uniform Traffic Control Devices. Airside phasing shall be
completed as required per the latest edition of FAA AC 150/5370-2.
- Plan and profile sheets showing existing and proposed horizontal roadway and
taxiway alignments, existing and proposed ROW, existing and proposed lane
dimensions and lane arrows, existing drainage structures, city owned and franchise
utilities and existing roadway vertical alignments (profiles). The plan and profile
sheets shall display station and coordinate data for all horizontal alignment P.C.'s,
P.T.'s, P.I.'s, station and elevation data of all vertical profile P.C.'s P.T.'s, P.I.'s
lowpoints and high points; lengths of vertical curves, grades, K values, e, and
vertical clearances where required.
- A Project Control Sheet, showing all Control Points, used or set while gathering
data. Generally on a scale of not less than 1:400. The following information shall
be indicated for each Control Point: Identified (existing City Monument #8901, PK
Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and
a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e.
set in the centerline of the inlet in the South curb line of North Side Drive at the East
end of radius at the Southeast corner of North Side Drive and North Main Street).
- SUE plan drawings.
- Updated existing and proposed typical section sheets.
- No less than two bench marks plan/profile sheet.
- Bearings given on all proposed centerlines, or baselines.
- Station equations relating utilities to paving, when appropriate.
- Overall project easement layout sheet(s).
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With Jacobs Engineering Group Inc.
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- Intersection layout sheets including ROW lines, horizontal alignments, utilities,
curbs, sidewalks, driveways, lane dimensions and arrows and existing and
proposed contours (0.25' intervals)
- Preliminary roadway details to include curbs, cub expansion joints, driveways,
sidewalks, and pavement details.
ENGINEER will delineate the watershed based on contour data and field
verification and document existing street, right-of-way and storm drain capacities for
the subject site. A drainage area map will be draw at maximum 1" = 200' scale
from available 2-foot contour data with the contours labeled. Data source and year
will be provided by the CITY. Calculations regarding street and right-of-way
capacities and design discharges (5-year and 100-year frequencies) at selected
critical locations will be provided. Other frequencies as required by iSWM criteria
may be appropriate for outfalls and sensitive locations. Capacities of existing storm
drain will be calculated and shown. All calculations shall conform to CITY criteria
delineated in the CITY's current iSWM Criteria Manual for Site Development and
Construction. All locations in the project area where 100-year runoff exceeds
available storm drain and right-of-way capacities shall be clearly identified. The
ENGINEER's responsibility includes recommendations for improvements of the
existing system as deemed reasonable and consistent with CITY standards.
- Storm drain layout sheets showing location and size of all inlets, manholes, junction
boxes, culverts and piping to include storm drain profiles showing existing and
proposed flow lines, flows, lengths and slopes of pipe, top of ground profile over
pipe and connections to existing or proposed storm sewer systems.
Preliminary signing, pavement marking, illumination and signal layouts.
2.2 Geotechnical Investigation/ Pavement Design
- The ENGINEER shall obtain and utilize geotechnical data performed by others.
- The ENGINEER shall prepare a detailed geotechnical engineering study and
pavement design in conformance with the City of Fort Worth Pavement Design
Standards Manual, 2005. The study shall include recommendations regarding
utility trenching and identify existing groundwater elevation at each boring.
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2.3 Constructability Review
- Prior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information to the CITY in
writing.
2.4 Public Meeting
- After the preliminary plans have been reviewed and approved by the CITY, the
ENGINEER shall prepare project exhibits, and attend public meeting to help explain
the proposed project to residents. The CITY shall select a suitable location,
prepare and mail the invitation letters to the affected customers. The ENGINEER
shall coordinate with the CITY GIS staff to identify affected property owners/
residents and develop a spreadsheet listing addresses of those to invite to the
public meeting.
2.5 Utility Clearance
- The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, private utilities and government agencies to determine the
approximate location of above and underground utilities, and other facilities (current
and future) that have an impact or influence on the project. ENGINEER will design
CITY facilities to avoid or minimize conflicts with existing utilities, and where known
and possible consider potential future utilities in designs.
- The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in BIM360 for
forwarding to all utility companies which have facilities within the limits of the
project. The DWF files should be created directly from the CAD files as opposed to
PDF files.
ASSUMPTIONS
- All storm water calculations and design shall conform to the current CITY iSWM
Criteria Manual for Site Development and Construction.
- Half size plans and specifications will be reviewed at a project update meeting
- The FMs front end and technical specifications will be used. The ENGINEER shall
supplement the technical specifications if needed.
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 25 of 39
- DWF files created from design CAD drawings will be uploaded to the designated
project folder in BIM360.
- All submitted documents and checklists will be uploaded to the designated project
folder in BIM360.
Full size drawings will be delivered for Utility Clearance.
ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
DELIVERABLES
A. Preliminary Design drawings and specifications
B. Preliminary iSWM Checklist
C. Utility Clearance drawings
D. Geotechnical Report
E. Estimates of probable construction cost
F. Public Meeting exhibits
TASK 3. FINAL CONSTRUCTION DOCUMENTS (100 PERCENT).
- Upon approval of the Preliminary plans, ENGINEER will prepare construction plans
as follows:
- Final iSWM Checklist in accordance with the current iSWM Criteria Manual for Site
Development and Construction.
- Upon approval of the Preliminary plans, ENGINEER will prepare construction plans
as follows
- The ENGINEER shall submit Final Plans (100%) to the CITY at the end of the Bid
Documents period per the approved Project Schedule. Each plan sheet shall be
stamped, dated, and signed by the ENGINEER registered in State of Texas.
- The ENGINEER shall submit a final design estimate of probable construction cost
with the 100% design packages. This estimate shall use standard CITY and FAA
bid items.
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 26 of 39
ASSUMPTIONS
- 2 sets of half size drawings and 2 specifications will be delivered for the 100%
Design package.
- A DWF file for the 100 % Design will be created from design CAD drawings and will
be uploaded to the project folder in BIM360.
DELIVERABLES
A. Final iSWM Checklist
B. 100% construction plans and specifications.
C. Detailed estimates of probable construction costs including summaries of bid items
and quantities using the CITY's standard bid items and format.
D. Original cover mylar for the signatures of authorized CITY officials.
TASK 4. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as follows.
4.1. Bid Support
- The ENGINEER shall upload all plans and contract documents onto BIM360 for
access to potential bidders.
- Contract documents shall be uploaded in a .xis file.
- Unit Price Proposal documents are to be created utilizing CFW Bidtools only and
combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template,
and will be populated and configured so that all pages are complete and the
Summary Worksheet(s) in the workbook detail and automatically summarize the
totals from the inserted Unit Price Proposal document worksheets.
- Plan Sets are to be uploaded to BIM360 in two formats, .pdf and .dwf files. The .pdf
will consist of one file of the entire plan set. The .dwf will consist of individual files,
one for each plan sheet, and will be numbered and named in a manner similar to
that of the plan set index.
- The ENGINEER shall sell contract documents and maintain a plan holders list on
BIM360 from documents sold and from Contractor's uploaded Plan Holder
Registrations in BIM360.
City of Fort Worth,Texas
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With Jacobs Engineering Group Inc.
Page 27 of 39
- The ENGINEER will develop and implement procedures for receiving and
answering bidders' questions and requests for additional information. The
procedures shall include a log of all significant bidders questions and requests and
the response thereto. The log shall be housed and maintained in the project's
BIM360 folder titled Request for Information. The ENGINEER will provide technical
interpretation of the contract bid documents and will prepare proposed responses to
all bidders' questions and requests, in the form of addenda. The ENGINEER shall
upload all approved addenda onto BIM360 and mail addenda to all plan holders.
- Attend the prebid conference in support of the CITY.
- Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
- When substitution prior to award of contracts is allowed in the contract documents,
the ENGINEER will advise the CITY as to the acceptability of alternate materials
and equipment proposed by bidders.
- Attend the bid opening in support of the CITY.
- Tabulate and review all bids received for the construction project, assist the CITY in
evaluating bids, and recommend award of the contract. A copy of the Bid
Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are
to be uploaded into the project's Bid Results folder on BIM360.
- Incorporate all addenda into the contract documents and issue conformed sets.
ASSUMPTIONS
- The project will be bid only once and awarded to one contractor.
- PDF, DWF and DWG files will be uploaded to BIM360.
DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
D. Construction documents (conformed, if applicable)
E. CFW Data Spreadsheet
City of Fort Worth,Texas
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Page 28 of 39
TASK 5. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
5.1 Construction Support
- The ENGINEER shall attend the preconstruction conference.
- After the pre-construction conference, the ENGINEER shall provide project exhibits
and attend public meeting to help explain the proposed project to residents. The
CITY shall select a suitable location and mail the invitation letters to the affected
customers.
- The ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress.
- The ENGINEER shall review shop drawings, samples and other submittals
submitted by the contractor for general conformance with the design concepts and
general compliance with the requirements of the contract for construction. Such
review shall not relieve the Contractor from its responsibility for performance in
accordance with the contract for construction, nor is such review a guarantee that
the work covered by the shop drawings, samples and submittals is free of errors,
inconsistencies or omissions. The ENGINEER shall log and track all shop
drawings, samples and other submittals on BIM360.
- As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, review change orders, and make
recommendations as to the acceptability of the work.
- The ENGINEER shall attend the "Final" project walk through and assist with
preparation of final punch list.
5.2 Record Drawings
- The ENGINEER shall prepare record drawings from information provided by the
CITY depicting any changes made to the Final Drawings during construction. The
following information shall be provided by the CITY:
- As-Built Survey
- Red-Line Markups from the Contractor
- Red-Line Markups from City Inspector
- Copies of Approved Change Orders
- Approved Substitutions
- The ENGINEER shall modify the Final Drawings electronically and shall place a
City of Fort Worth,Texas
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Page 29 of 39
stamp on the plans indicating that they represent Record Drawings of the project as
constructed. The stamp shall be signed and dated by the ENGINEER and shall be
placed on each plan sheet, whether there are any revisions on the sheet or not.
Each sheet shall clearly indicate all changes which apply to that sheet by clouding
and numbering, or other suitable means.
- The following disclaimer shall be included with the Record Drawing stamp:
o These Record Drawings were prepared using information provided by others
and represent the as constructed conditions to the extent that documented
changes were provided for recording. The ENGINEER assumes no liability
for undocumented changes and certifies only that the documented changes
are accurately depicted on these drawings.
- The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped
as Record Drawings, on mylar for record storage. The ENGINEER may keep
copies of the information provided by the CITY for their files, but all original red-
lined drawings shall be returned to the CITY with the mylars.
- Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version
6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1)
DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan
set. Each PDF and DWF file shall contain all associated sheets of the particular
plan set. Singular PDF and DWF files for each sheet of a plan set will not be
accepted. PDF and DWF files shall conform to naming conventions as follows:
o TPW file name example - "W-1956_org47.pdf' where "W-1956" is the
assigned file number obtained from the CITY, " org" designating the file is of
an original plan set, "47" shall be the total number of sheets in this file.
Example: W-0053_org3.pdf and K-0320_org5.pdf
o Water and Sewer file name example - "X-35667_org36.pdf' where "X-
35667" is the assigned file number obtained from the CITY, " org"
designating the file is of an original plan set, "36" shall be the total number of
sheets in this file.
Example: X-12755_org18.pdf
- Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in BIM360.
City of Fort Worth,Texas
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With Jacobs Engineering Group Inc.
Page 30 of 39
For information on the proper manner to submit files and to obtain a file number for
the project, contact the Department of Transportation and Public Works Vault at
telephone number (817) 392-8426. File numbers will not be issued to a project
unless the appropriate project numbers and fund codes have been assigned and
are in the Department of Transportation and Public Works database.
ASSUMPTIONS
- 4 site visits are assumed.
- 1 submittal reviews are assumed.
- 2 RFI's are assumed.
- 2 Change Orders are assumed.
- One copy of full size (22"x34") mylars will be delivered to the CITY
DELIVERABLES
A. Public meeting exhibits
B. Response to Contractor's Request for Information
C. Review of Change Orders
D. Review of shop drawings
E. Final Punch List items
F. Record Drawings
TASK 6. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
6.1. Design Survey
- ENGINEER will perform field surveys to collect horizontal and vertical elevations
and other information needed by ENGINEER in design and preparation of plans for
the project. Information gathered during the survey shall include topographic data,
elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location
of buried utilities, structures, trees (measure caliper, identify overall canopy, and
have qualified arborist identify species of trees), and other features relevant to the
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Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
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final plan sheets. Existing drainage at intersections will be verified by field surveys.
Spot elevations will be shown on intersection layouts with cross slope to fit
intersecting grade lines.
The minimum survey information to be provided on the plans shall include the
following:
o A Project Control Sheet, showing ALL Control Points, used or set while
gathering data. Generally on a scale of not less than 1:400;
o The following information about each Control Point;
■ Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod)
■ X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on CITY Datum only.
■ Descriptive Location (Ex. Set in the centerline of the inlet in the South
curb line of North Side Drive at the East end of radius at the
Southeast corner of North Side Drive and North Main Street).
o Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same
coordinate system, as the Control.
o No less than two horizontal bench marks, per line or location.
o Bearings given on all proposed centerlines, or baselines.
o Station equations relating utilities to paving, when appropriate.
6.3. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) to Quality Level B, as described below. The
SUE shall be performed in accordance with Cl/ASCE 38-02.
Quality Level D
- Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.), to help identify utility owners that may
have facilities within the project limits or that may be affected by the project.
- Collect applicable records (e.g., utility owner base maps, "as built" or record
drawings, permit records, field notes, geographic information system data, oral
histories, etc.) on the existence and approximate location of existing involved
utilities.
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- Review records for: evidence or indication of additional available records; duplicate
or conflicting information; need for clarification.
Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets, electronic files, and/or other documents as
required. Exercise professional judgment to resolve conflicting information. For
information depicted, indicate: utility type and ownership; date of depiction; quality
level(s); end points of any utility data; line status (e.g., active, abandoned, out of
service); line size and condition; number of jointly buried cables; and encasement.
Quality Level C (includes tasks as described for Quality Level D)
- Identify surface features, from project topographic data and from field observations
that are surface appurtenances of subsurface utilities.
- Include survey and correlation of aerial or ground-mounted utility facilities in Quality
Level C tasks.
- Survey surface features of subsurface utility facilities or systems, if such features
have not already been surveyed by a professional surveyor. If previously surveyed,
check survey data for accuracy and completeness.
- The survey shall also include (in addition to subsurface utility features visible at the
ground surface): determination of invert elevations of any manholes and vaults;
sketches showing interior dimensions and line connections of such manholes and
vaults; any surface markings denoting subsurface utilities, furnished by utility
owners for design purposes.
- Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
- Update (or prepare) plan sheets, electronic files, and/or other documents to reflect
the integration of Quality Level D and Quality Level C information.
- Recommend follow-up investigations (e.g., additional surveys, consultation with
utility owners, etc.) as may be needed to further resolve discrepancies.
- Provide Quality Level C to identify overhead utilities on the project and provide the
overhead utility information on the SUE plan sheets.
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 33 of 39
Level B (includes tasks as described for Quality Level C)
- Select and apply appropriate surface geophysical method(s) to search for and
detect subsurface utilities within the project limits, and/or to trace a particular utility
line or system.
- Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for marking
of lines.
- Unless otherwise directed, mark centerline of single-conduit lines, and outside
edges of multi-conduit systems.
- Resolve differences between designated utilities and utility records and surveyed
appurtenances.
- Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical
methods, exploratory excavation, or upgrade to Quality Level A data.
- As an alternative to the physical marking of lines, the ENGINEER may, with CITY's
approval, utilize other means of data collection, storage, retrieval, and reduction
that enables the correlation of surface geophysical data to the project's survey
control.
Level A
- Expose and locate utilities at specific locations.
- Tie horizontal and vertical location of utility to survey control.
- Provide utility size and configuration.
- Provide paving thickness and type, where applicable.
- Provide general soil type and site conditions and such other pertinent information
as is reasonably ascertainable from each test hole site.
6.4. Construction Survey
- The Construction survey will be performed by the Contractor.
- Be available to the CITY on matters concerning the layout of the project during its
construction
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 34 of 39
ASSUMPTIONS
DELIVERABLES
A. Copies of field survey data and notes signed and sealed by a licensed surveyor.
B. Drawing of the project layout with dimensions and coordinate list.
C. SUE plan drawings sealed by a professional engineer registered in the State of
Texas.
TASK 7. PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and/or permits normally required for a project of this size and type, as follows.
7.1. Storm Water Pollution Prevention Plan
- For projects that disturb an area greater than one (1) acre, the Contractor will be
responsible for preparing and submitting the Storm Water Pollution Prevention
- Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the
iSWM Construction Plan according to the current CITY iSWM Criteria Manual for
Site Development and Construction which will be incorporated into the SWPPP by
the contractor.
TASK 8. PLAN REVIEW.
- ENGINEER will provide review of construction plans develop by third parties for
development on airport property. The reviews will be performed to check for
compliance with FAA or applicable agency requirements and consistency with the
Airport's Master Plan.
Additional Services not included in the existing Scope of Services - CITY and ENGINEER
agree that the following services are beyond the Scope of Services described in the tasks
above. However, ENGINEER can provide these services, if needed, upon the CITY's
written request. Any additional amounts paid to the ENGINEER as a result of any material
change to the Scope of the Project shall be agreed upon in writing by both parties before
the services are performed. These additional services include the following:
- Negotiation of easements or property acquisition.
- Services related to development of the CITY's project financing and/or budget.
- Services related to disputes over pre-qualification, bid protests, bid rejection and re-
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 35 of 39
bidding of the contract for construction.
Public Meetings to discuss airport-related topics.
- Geotechnical investigation.
- Construction management and inspection services.
Performance of materials testing or specialty testing services.
Pavement Condition Evaluation and Management
- Services necessary due to the default of the Contractor.
- Services related to damages caused by fire, flood, earthquake or other acts of God.
- Services related to warranty claims, enforcement and inspection after final
completion.
- Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
- Emergency repair design for unexpected safety related issues
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 36 of 39
ATTACHMENT B
SAMPLE ADDENDUM/SCOPE OF WORK
Addendum No. _
SCOPE OF WORK
This Addendum No. - Scope of Work (SOW) is made as of this day of
20_, under the terms and conditions established in the MASTER
PROFESSIONAL SERVICES AGREEMENT between the City of Fort Worth ("City") and
Jacobs Engineering Group Inc. ("Engineer'), the same being Fort Worth City Secretary
Contract (CSC) No. (the "Master Agreement" or "MSA").
This Scope of Work is made for the following purposes, consistent with the services
defined in the Master Agreement: The at Fort Worth Alliance
Airport. In particular, Engineer shall perform those functions identified below in the
Scope of Services for this Addendum, as such services are more fully detailed in the
MSA.
Section A. Scope of Services
Key Tasks:
Deliverables and/or other results of services:
Section B. Schedule: To begin immediately and conclude by
Section C. Compensation, Reimbursable Expenses, and Billing Terms: Processing and
payment of Fees and Reimbursable Expenses, including the structure of payments and
invoicing therefor, shall be in accordance with the Master Professional Services
Agreement.
The total Fee that shall be paid to Engineer for
shall be in accordance with Article 2(a) and Article 3 of the Master Service Agreement.
If the City requests additional documentation of expenses, the Engineer shall provide
such information if available.
Engineer shall submit invoices for Fees and Reimbursable Expenses to in the
City's Aviation Department.
On full and final completion of the Services for this Scope of Work, the Engineer shall
submit a final invoice.
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 37 of 39
Section D. Counterparts; Electronically Transmitted Signature:
This SOW may be executed in one or more counterparts, each of which when so
executed and delivered shall be considered an original, but such counterparts shall
together constitute one and the same instrument and agreement. Any signature
delivered by a party by facsimile or other electronic transmission (including email
transmission of a portable document file (pdf) or similar image shall be deemed to be an
original signature hereto.
Executed in multiple originals on this the day of , 20_.
CITY OF FORT WORTH, TEXAS: JACOBS ENGINEERING GROUP INC.
By: By:
Name: Name:
Title: Assistant City Manager Title:
Date: Date:
ATTEST:
By:
Name:
Title: City Secretary
APPROVED AS TO FORM
AND LEGALITY:
By:
Name:
Title: Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Aviation Department Project Manager
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 38 of 39
ATTACHMENT C
VERIFICATION OF SIGNATURE AUTHORITY FORM
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any
agreement, amendment or change order on behalf of Vendor. Such binding authority has
been granted by proper order, resolution, ordinance or other authorization of Vendor. City
is fully entitled to rely on the warranty and representation set forth in this Form in entering
into any agreement or amendment with Vendor. Vendor will submit an updated Form
within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
Name: Johnny Jackson
Position: .::-' Manager of Projects
.0
)06ture
Name: Sindhu Avalokita
Position: C Operations Leader
Signature
Name: "
Ben Almond - —
Signature of PFesident t GE-0
Other Title: Operations Manager
Date: November 19, 2020
City of Fort Worth,Texas
Agreement for Engineering Related Design Services
With Jacobs Engineering Group Inc.
Page 39 of 39