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Home My WebLink AboutContract 55647CSC No. 55647 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING AND RELATED PROFESSIONAL SERVICES This Agreement is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Evolving Texas, LP authorized to do business in Texas, ("Engineer"), for a Project generally described as: 102999 FY21 PAYGO ADA & Sidewalk and 103084 FY21 Safe Routes to Transit Sidewalk Projects. Article I Agreement for Services Engineer hereby agrees to perform the engineering and related professional services set forth in the Scope of Services attached hereto as Attachment A. Additional services, if any, will be memorialized by an amendment to this Agreement. Article II Compensation and Term of Agreement A. Engineer shall be compensated in the amount up to $89.844.50 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the Contract Amount or completion of the subject matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the Engineer will be made as follows: A. Invoice and Payment (1) Engineer shall provide City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to Agreement, to reasonably substantiate the invoices. (2) Engineer will issue monthly invoices for all work performed under Agreement. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth, Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 CITY SECRETARY Page 1 of 17 FT. WORTH, TX (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. 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 CITY fails to make payment in full to Engineer for billings contested in good faith within 60 days of the amount due, Engineer may, after giving 7 days' written notice to CITY, suspend services underAgreement until paid in full. In the event of suspension of services, the Engineer shall have no liability to CITY for delays or damages caused CITY because of such suspension of services. Article IV Obligations of the Engineer A. General Engineer will serve as City's professional engineering representative under Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care 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) Engineer shall advise City with regard to the necessity for additional subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder unless otherwise specified in Attachment A. Engineer shall also advise City concerning the results of same. Such surveys, tests, and investigations shall be furnished by City, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 2 of 17 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 Engineer will provide to 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 City. City may use such drawings in any manner it desires; provided, however, that 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 Engineer's personnel at a construction site, whether as on-site representatives or otherwise, do not make Engineer or its personnel in any way responsible for those duties that belong to City and/or City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Project's Contract Documents and any health or safety precautions required by such construction work. 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, 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, Engineer shall promptly inform City. (3) When professional certification of performance or characteristics of City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 3 of 17 materials, systems or equipment is reasonably required to perForm the services set forth in the Scope of Services, 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) 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, 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, Engineer makes no warranty that City's actual Project costs, financial aspects, economic feasibility, or schedules will not vary from Engineer's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by Engineer to City for periodic construction progress payments to the construction contractor, if required pursuant to Attachment "A", will be based on 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 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 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 City free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between City and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required pursuant to Attachment A, 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 4 of 17 the Project was finally constructed. Engineer is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Business Equity Participation In accordance with City's Business Equity Ordinance (Ordinance No. 24535-11- 2020 as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this Agreement and its accepted written commitment to MBE and WBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Engineer may result in the termination of Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) Engineer agrees that City shall, until the expiration of three (3) 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 Engineer involving transactions relating to this contract. Engineer agrees that City shall have access during normal working hours to all necessary Engineer's facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Engineer reasonable advance notice of intended audits. (2) Engineer further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subconsultant agrees that City shall, until the expiration of three (3) 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 subcontractor, involving transactions to the subcontract, and further, that 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 subcontractor reasonable advance notice of intended audits. (3) Engineer and subcontractor agree to photocopy such documents as may be requested by City. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 5 of 17 (1) Engineer's Insurance a. Commercial General Liability — 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. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to 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 City specifically approves such exclusions in writing. Engineer waives all rights against 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 — 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. Engineer waives all rights against 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 6 of 17 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. Engineer waives all rights against 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 in aggregate. The policy shall contain a retroactive date prior to the date of the Agreement or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of Agreement. An annual certificate of insurance specifically referencing this Project shall be submitted to City for each year following execution of the Agreement. (2) General Insurance Requirements a. Certificates of insurance evidencing that Engineer has obtained all required insurance shall be attached to this Agreement prior to its execution. b. Applicable policies shall be endorsed to name City as 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 City to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) day notice of cancellation or material change in coverage shall be provided to City. A ten (10) day 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 7 of 17 Worth, 200 Texas Street, Fort Worth, Texas 76102. Insurers for all policies must be authorized to do business in the State of Texas and have a current A.M. Best 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 City's Risk Management Group. 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 in writing by City, if coverage is not provided on a first-dollar basis. City, at its 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 City. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with as respect to the Project. i. City shall be entitled, upon its request and without incurring expense, to review Engineer's insurance policies including endorsements thereto and, at City's discretion; Engineer may be required to provide proof of insurance premium payments. 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 this 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. City shall not be responsible for the direct payment of any insurance premiums required by this Agreement. m. Subconsultants and Subcontractors to/of Engineer shall be required by Engineer to maintain the same or reasonably equivalent insurance coverage as required for Engineer. When sub consultants/subcontractors maintain insurance coverage, Engineer shall provide City with documentation thereof on a certificate of insurance. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 8 of 17 L. Independent Consultant Engineer agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of City. The doctrine of respondeat superior shall not apply. M. Disclosure Engineer acknowledges to 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. Engineer further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of Agreement and prior to final payment under Agreement. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, 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, City may request Engineer to assist in obtaining the services of a qualified subcontractor to manage the remediation activities for the Project. O. Permitting Authorities - Design Changes If permitting authorities require design changes to comply with published design criteria and/or current engineering practice standards which Engineer should have been aware of at the time Agreement was executed, 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 Agreement which Engineer could not have been reasonably aware of, Engineer shall notify City of such changes and an adjustment in compensation will be made through an amendment to Agreement. P. Schedule Engineer shall manage the Scope of Work in accordance with the schedule developed per Attachment D to Agreement. Article V Obligations of the City City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 9 of 17 A. City-Furnished Data Engineer may rely upon the accuracy, timeliness, and completeness of the information provided by City. B. Access to Facilities and Property City will make its facilities accessible to Engineer as required for Engineer's performance of its services. City will perform, at no cost to Engineer, such tests of equipment, machinery, pipelines, and other components of City's facilities as may be required in connection with Engineer's services. City will be responsible for all acts of City's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, 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 Engineer's services or Project construction. D. Timely Review City will examine Engineer's studies, reports, sketches, drawings, specifications, proposals, and other project 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 City in a timely manner in accordance with the Project Schedule prepared in accordance with Attachment D. E. Prompt Notice City will give prompt written notice to Engineer whenever City observes or becomes aware of any development that affects the scope or timing of Engineer's services or of any defect in the work of 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 10 of 17 (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is as a result of Engineer's negligence or if Engineer brings such hazardous substance, contaminant or asbestos onto the Project. G. Contractor Indemnification and Claims City agrees to include in all construction contracts the provisions of Article IV.E. regarding Engineer's Personnel at Construction Site, and provisions providing for contractor indemnification of City and Engineer for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) 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 Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only City will be the beneficiary of any undertaking by Engineer." (2) This Agreement gives no rights or benefits to anyone other than City and Engineer and there are no third-party beneficiaries. (3) 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 City has to bring a claim against Engineer. I. City's Insurance (1) City may maintain property insurance on certain pre-existing structures associated with the Project. (2) City may secure Builders Risk/Installation insurance at the replacement cost value of the Project. City may provide Engineer a copy of the policy or documentation of such on a certificate of insurance. (3) City will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the Project risks. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 11 of 17 J. Litigation Assistance The Scope of Services does not include Engineer's costs for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by City, and in the event City requests such services of Engineer, this Agreement shall be amended or a separate Agreement will be negotiated between the parties. K. Changes City may make or approve changes within the general Scope of Services in Agreement. If such changes affect Engineer's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to 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 City. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of 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 City or by others acting through or on behalf of City of any such instruments of service without the written permission of Engineer will be at City's sole risk. City shall own the final designs, drawings, specifications and documents. C. Force Majeure 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 Engineer that prevent Engineer's performance of its obligations hereunder. D. Termination (1) This Agreement may be terminated: a. By City for its convenience upon 30 days' written notice to Engineer b. By either City or Engineer for cause if either party fails substantially City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 12 of 17 to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice to the other party or thereafter fails to diligently complete the correction. (2) If Agreement is terminated is terminated for the convenience of City, 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 Engineer's personnel to document the work underway at the time of City's termination for convenience so that the work effort is suitable for long time storage. (3) Upon notice of termination, Engineer will submit to City an itemized estimate of all termination expenses. City's approval must be obtained in writing prior to Engineer incurring any termination expenses. E. Suspension, Delay, or Interruption to Work City may suspend, delay, or interrupt the services of Engineer for the convenience of City. In the event of such suspension, delay, or interruption, an equitable adjustment in the Project's schedule, commitment and cost of Engineer's personnel and subcontractors, and Engineer's compensation, will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, Engineer shall indemnify or hold harmless City against liability for any damage committed by Engineer or Engineer's agent, consultant under contract, or another entity over which the Engineer exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. City is entitled to recover its reasonable attorney's fees in proportion to Engineer's liability. G. Assignment Engineer shall not assign all or any part of this Agreement without the prior written consent of City. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 13 of 17 H. Jurisdiction The law of the State of Texas shall govern the validity of Agreement, its interpretation and performance, and any other claims related to it. The venue for any litigation related to Agreement shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in 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 Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles IV.I., VI.B., VI.D., VI.F., VI.G., VI.I., and VI.J. 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 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 (I-9). Upon request by City, Engineer shall provide City with copies of all I-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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 14 of 17 L. Prohibition On Contracts With Companies Boycotting Israel Engineer, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Engineer has 10 or more full time- employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Engineer certifies that Engineer's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Engineer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. M. Notices Notices regarding Articles VI. D. and VI. G are to be provided 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: Marisa Conlin Transportation and Public Works 5001 James Avenue, Suite 301 Fort Worth, Texas 76115 Engineer: Evolving Texas, LP Attn: Samantha Renz, PE 420 Throckmorton #620 Fort Worth, Texas 76102 All other notices may be provided as described above or via electronic means. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 15 of 17 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. Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A- Scope of Services Attachment B - Compensation Attachment C- Changes to Agreement Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 16 of 17 Executed by each party's duly authorized representative. Engineer shall, upon request, provide evidence of authority for a signatory to sign Agreement. This Agreement is effective on the date subscribed by City's designated Assistant City Manager. BY: CITY OF FORT WORTH �� 8��L Dana Burghdoff (Apr 27, 20 11:57 CDT Dana Burghdoff Assistant City Manager BY: Evolving Texas, LP amantha Renz Managing Member Date: APPROVAL RECOMMENDED: ��, By:w�ohnson(np� _o,zoz�ia:5ecor) Wiliam M. Johnson Director, Department of Transportation and Public Works Contract Compliance Manager: Date: April 9, 2021 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. ,�., �.; Marisa Conlln (Apr13, 202115:35 CDT) Marisa Conlin, PE Sr. Professional Engineer APPROVED AS TO FORM AND LEGALITY BV/: DI31ack lapr 23, 7_02115�14 CD I1 � Douglas W. Black Senior Assistant City Attorney 4-p4U�n� ATTEST: p� �oFORT�a�� `y U �� ° � 0 p /� o ��o °�� Mary J. Kayser ��v °=A 00 0 � City Secretary �d'� ° o 00 �`.� d��000000 ° .� ��EX As�.ap City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 17 of 17 Form 1295 No. NA M&C No.: NA NA M&C Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT "A" Scope for Enqineerinp Desiqn Related Services for Proiect 102999 FY21 PAYG ADA & Sidewalk and Proiect 103084 FY21 PAYG Safe Routes to Transit Sidewalk Proiects The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of the projects completed under the Task Order agreement is to improve pedestrian mobility and safety at the following locations, and noted on Attachment E: Proiect 102999 FY21 PAYG ADA & Sidewalk — Sidewalk Gap & Ramp Installations • Clinton Avenue; NW 25�" Street to NW 26t" Street • Portales Drive; 8808 Camp Bowie Blvd to Avril Circle S. • Portales Drive; Avril Circle N. to 8851 S Normandale Street • Garden Springs Drive; W Risinger Road - Fox Trot Drive • 3200 Block Frazier Avenue; Cleburne Road to W. Shaw Street • Intersection of East Hattie Street and Kentucky Avenue • 3100 Primrose Avenue across from Carter-Riverside High School Proiect 103084 FY21 PAYG Safe Routes to Transit — Sidewalk Gap Installations • Camp Bowie; Carleton to Ashland • Cleburne Rd; Stanley Ave - W Berry St • Cleburne Rd; Frazier Ave - Wayside Ave Work under this agreement includes, but is not limited to, project management, data collection, topographic survey, right-of-way documentation, preliminary and final design, and construction phase services for the pedestrian improvements. WORK TO BE PERFORMED Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Design Management Conceptual Design (30°/o) Preliminary Design (60%) Final Design (90% and 100%) Bid Phase Services (not in contract) ROW/Easement Services Permitting Page 1 of 14 FORT WORTHa I asK ti. 5urvey 5ervices Task 9. Permitting Task 10. Quality Control / Quality Assurance TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope 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 to make progress on the work. 1.1. Managing the Team: • Lead, manage and direct design team activities • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 8 for further details. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend two (2) field meetings and two (2) plan review meetings with CITY representatives after the 60% and 90% submittals. • Conduct review meetings with the CITY at the end of each design phase • Conduct QC/QA reviews and document those activities. Refer to Task 8 for further details • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit baseline Project Schedule initially, as required in Attachment D. • 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. Page 2 of 14 FORT WORTHa • 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. • Personnel and Vehicle Identification: When conducting site visits to the 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. ASSUMPTIONS • Field review meetings (2). • Plan review meetings (2). • All submittals to the City will be quality checked prior to submission. • Project design phase (3 months). DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Schedule updates with schedule narrative describing any current or anticipated schedule changes (if changes from baseline schedule) E. Plan Submittal Checklists F. Monthly invoices City of Fort Worth, Texas Page 3 of 14 Attachment A PMO Release Date: 02.06.2015 Page 1 of 14 FORT WORTHa TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual 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. 2.2. The Conceptual Design Package shall include the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • Existing typical sections of the sidewalks to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include existing ROW, existing and proposed sidewalk widths, existing and proposed curbs, sidewalks, and retaining walls. • Conceptual plan sheets showing existing ROW, existing and proposed sidewalks and driveways, existing drainage structures, and city owned and franchise utilities. • Documentation of key design decisions. • Estimates of probable construction cost. ASSUMPTIONS • ENGINEER will meet with the CITY for a Project Kick Off ineeting prior to starting design • ENGINEER will submit 30% plans to CITY and meet with the CITY to discuss any comments on the proposed improvements • DWF files created from design CAD drawings will be forwarded to the project manager • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package (30% Plans) City of Fort Worth, Texas Page 4 of 14 Attachment A PMO Release Date: 02.06.2015 Page 1 of 14 FORT WORTHa TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. The purpose of the preliminary design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. The Preliminary Design Drawings and Specifications shall include the following: • 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 that have an impact or influence on the project. • ENGINEER shall prepare an initial evaluation of the sidewalk alignment and meet with CITY to receive input. • Preliminary Cover and index of sheets including project limits, area location map and beginning and end station limits. • A Project Layout 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 (i.e. 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). • Quantity Summary page and each design sheet shall include a quantity take off table. • Proposed typical sections of the sidewalk improvements. Typical sections shall include existing and proposed ROW, existing and proposed curbs, sidewalks, and retaining walls. • Demolition plan showing the existing elements that will need to be removed to complete the project. • Preliminary sidewalk plan sheets and retaining wall plan showing existing and proposed ROW, existing and proposed sidewalks and driveways, existing drainage structures, and city owned and franchise utilities. • Pedestrian ramp grading plan showing the proposed ground elevations at each intersection pedestrian ramp. • Erosion control plan showing the layout of the CITY required erosion control measures. • Preliminary details to include sidewalk, driveway, curb and gutter, pavement marking, pedestrian ramp, and erosion control details. City of Fort Worth, Texas Page 5 of 14 Attachment A PMO Release Date: 02.06.2015 page 1 of 14 FORT WORTHa Preliminary details to include the required TxDOT standard details for construction within TxDOT jurisdiction/ROW. • Documentation of key design decisions. • Estimates of probable construction cost. 3.2. Geotechnical Investigation/Pavement Design Services Not Included In Task Order 3.3. Public Meeting • Services Not Included In Task Order 3.4. Utility Clearance • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Preliminary Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination. The ENGINEER may need to coordination directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. • ENGINEER shall visit the site during utility relocations to verify via any means or method necessary that the relocated utility has been installed in accordance with the plans, report any discrepancies found, and provide documentation to support findings. ASSUMPTIONS • No specifications are included in this task order. • PDF and DWF files created from design CAD drawings will be forwarded to the city project manager. c�ry of Fort wonn, Texas Page 6 of 14 Attachment A PMO Release Date: 02.06.2015 age 1 of 14 FORT WORTHa All submitted documents and checklists will be forwarded to the city project manager. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings including QC/QA documentation B. Utility Conflict Coordination Package C. Estimates of probable construction cost TASK 4. FINAL DESIGN (90% AND 100%). • Upon approval of the Preliminary Design Plans, ENGINEER will prepare construction plans as follows: • Final Design Plans (90%) shall be submitted to CITY per the approved Project Schedule. • The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for final coordination. • A Quantity Summary page will be included in the 90% design packages. Each design sheet of those package shall include a quantity take off table. • The ENGINEER shall submit an estimate of probable construction cost with the 90% and design package. This estimate shall use standard CITY or TxDOT bid items, as applicable. • Final Design Plans (100%) are included in this task order. ASSUMPTIONS • A PDF and DWF file for the 90% Design will be created from design CAD drawings and will be forwarded to the city project manager. DELIVERABLES A. 90% construction plans including QC/QA documentation. B. Utility Conflict Coordination Package C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's or TxDOT's standard bid items and format, as applicable TASK 5. BID PHASE SERVICES. Services Not Included In Task Order City of Fort Worth, Texas Page 7 of 14 Attachment A PMO Release Date: 02.06.2015 Page 1 of 14 FORT WORTHa TASK 6. CONSTRUCTION PHASE SERVICES. Once plans are approved for Construction, ENGINEER will make site visits, answer RFls,review product submittals, review Change Orders and Payment Requests, conduct Final Walk Through and Punch List, prepare record drawings, or address other issues TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right-of-Way Research • The ENGINEER shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS Right-of-Way research includes review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Up to six (6) temporary construction easement documents (exhibits and meets and bounds provided on CITY forms). B. Up to six (6) permanent pedestrian access easement documents (exhibits and meets and bounds provided on CITY forms). TASK 8. SURVEY SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey ENGINEER will contract with a licensed surveyor to conduct field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information City of Fort Worth, Texas Page 8 of 14 Attachment A PMO Release Date: 02.06.2015 Page 10 of 14 FORT WORTHa gathered during the survey shall include ROW identification as well as elevation details of curbs, gutters, sidewalks, meters, valves, light poles, signs, trees and any other item needed in order to design sidewalks and ADA ramps in the areas depicted in Exhibit "E" • The minimum survey information to be provided on the plans shall include the following: — 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 about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. 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). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. ASSUMPTIONS • None DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. City of Fort Worth, Texas Page 9 of 14 Attachment A PMO Release Date: 02.06.2015 Page 10 of 14 FORT WORTHa TASK 9. 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 9.1 Texas Department of Transportation (TxDOT) Permit Services Nof Included In Task Order 9.2. Railroad Permit Services Not Included In Task Order 9.3 Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. • Submit construction documents to the TDLR • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. 9.4. Environmental Services Services Not Included In Task Order 9.5 City Flood Plain Permit • ENGINEER will file applications and perform any work required for obtaining a City Floodplain permit if required. City of Fort Worth, Texas Page 10 of 14 Attachment A PMO Release Date: 02.06.2015 Page 10 of 14 FORT WORTHa ASSUMPTIONS • No TxDOT coordination or permitting is necessary for the project. • TDLR permit preparation will begin after approval of the Final Design. • No environmental services/documentation are necessary for the project. • No railroad coordination or permitted is necessary for the project. • No more than 2 locations may require a Floodplain Permit DELIVERABLES A. Copies of Permit Applications B. Copies of Approved Permits TASK 10. QUALITY CONTROL / QUALITY ASSURANCE ENGINEER to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 10.1. QC/QA of Survey • The ENGINEER's Surveyor shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. 10.2. QC/QA of Design Documentation • ENGINEER shall perForm a QC/QA review of all documents being submitted for review at all stages of the design including the 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. • ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not applicable, this should be indicated by checking every item on the list as City of Fort Worth, Texas Page 11 of 14 Attachment A PMO Release Date: 02.06.2015 Page 10 of 14 FORT WORTHa "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. The documentation of a QC/QA review includes (1) a copy of the color-coded, original marked-up document (or "checkprint") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign-off sheet with signatures of the personnel involved in the checking process. Mark-ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: - PDF of the completed Detailed Checklists - PDF of the QC/QA checkprint of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; - PDF of previous review comments (if any) and the ENGINEER's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the City will be Quality checked prior to submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in Buzzsaw. DELIVERABLES A. QC/QA documentation City of Fort Worth, Texas Page 12 of 14 Attachment A PMO Release Date: 02.06.2015 Page 12 of 14 FORT WORTHa ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existina 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 — be sure to track changes. Any additional amounts paid to the ENGINEERas a result of any material change to the Scope of the Project shall be agreed upon — be sureto track changes. 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- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • 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. • Level A SUE testholes in excess of those listed in Attachment A. • Right-of-way or easement documents in excess of those listed in Attachment A. � Utility relocation services in excess of coordination services listed in Attachment A. • Drainage improvement services • Any permitting related to removal of existing structures on property • Fees to be paid directly to city or other applicable agencies (permits, filing, review, etc); • Wetlands Determination; • Tree Preservation/Mitigation; • Geotechnical Engineering Services including pavement/foundation design (can be coordinated by consultant if requested, fee would be passed through to client) • Construction Materials Testing. • Structural Design for Retaining Walls, Bridges and other structural improvements; • Exposing underground (non-visible) improvements City of Fort Worth, Texas Page 13 of 14 Attachment A PMO Release Date: 02.06.2015 Page 12 of 14 ATTACHMENT B COMPENSATION Project 102999 FY21 PAYG ADA & Sidewalk and Project 103084 FY21 PAYG Safe Routes to Transit Sidewalk Projects Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated in an hourly amount not-to-exceed $200.00 for personnel time, non-labor expenses, and subcontract expenses in perForming services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Cateqory Rate for the ENGINEER's team member performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. LABOR CATEGORY RATE ($/HOUR) ** CAD Technician 100.00 Civil Designer I 120.00 Civil Designer II 140.00 Project Manger/PE 160.00 Principal/Director 200.00 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging, expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 5 B-1 ATTACHMENT B COMPENSATION applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent(10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER'S excess costs expended prior to such increase will be allowable to the same extent as issuch costs had been incurred after the approved increase. B. The Engineer shall be paid monthly payments as described in Section II — Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 2 of 5 � ATTACHMENT B COMPENSATION III. Progress Reports. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules. City of Fort Worth, Texas Attachment B PMO O�cial Release Date: 8.09.2012 Page 3 of 5 B-3 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Order Fees Firm Primary Responsibility Fee Amount % Prime Consultant (MBE/SBE) Evolving Texas. LP Civil Engineering Services $78,320 87% Proposed MBE/SBE Sub-Consultants Non-MBE/SBE Sub -Consultants Project Number & Name Total Fee MBE/SBE Fee MBE/SBE % $89,844.50 $78,320 87% City of Fort Worth, Texas Attachment B PMO O�cial Release Date: 8.09.2012 Page 4 of 5 : � EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 5 of 5 B-5 � y3 i� �� i � W w� y� ti� W� ; LJ � I} � Y/�} J V+ � � N � N N � d N � m � o r � � � w W N N ❑ N � N � N � L N N r J � >O � (L' > m N i' •- '� O QJ � LL � O O V >. R � U Q d ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for 102996 FY21 PAYGO ADA 7 Sidewalk and 103084 FY21 Safe Routes to Transit City Project No. <List any changes to the Standard Agreement> City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 FOR i WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a"baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Attachment D Revision Date: 07.20.2018 Page 1 of 1 ATTAC H M E N T E EXHIBIT E Clinton Avenue; NW 25th Street to NW 26th Street ,` � � � � r� � � �,,� # �� . _ , • F 4� � � ' � � � �' • � .� f � i X � - . . _ y �i- � _ � ' #' �a#.� . - yF,� 1 � ' � ` F � i . ' � j��'jj ��j�y�[ 4 1 1+tiy} � � * � NW L�LWILV � ;� .+. �- - -, h� � i� i f� ' I.� T, �' '_L � � � t - ■ � R 5 � ��{ � ; • _ � + �� I _ Y � � � f � F - � , , _ ■ , �}r k � � , � f i � �i ._ � � � . 'I � � { � � � •{. ;' I _ - � 1 #� � ' w � � � ,� �;*' * � �,, � ' ��`� . `�� . �� f. _ �.� - � � � iR : ��+ ti ,� +� � f ��. �;{�. . . �r� � .�.� � � �� i.� �i_ -- y' -� I ��I' y[ JJ � i; � r �,J i� � � ' � � . � ' � �� ' � h •�Y f � 4 � } � � . ��, " * M,y �' �. ;� � I _� � 4 f �9.' � � 4 � � � � � ' �- X h �� ' L ' � 1 i . �� ,y � - � 1�- ��'ti�� -� �� 'L� �� F �M�� 3 L', , '- �� . � � ' �� y � e � � ,� � �j ' � . �- , j �� ''*' �,� � � � � �`;�+M.' :� �i • #�:+ , r�'�. . �i � �� I �i '� I � � � + I * � l' J � 'i � .:}` � F � F } � �. ,�� `� Ci = , . + _-� � . �i � � �' - . �a ' � ' ' � M } • �'�R`_' � • � ' � i1J � � I � F � I � � ' +� s r � � ` '�4 � � � ��` � � � ^ �.l � � � � �' I i • .� �{ �F - � � �{ �_�i , ' . . , � i �� ' i _ � �� k.. i c � � �� I � �..� � � � � t , �''��`� � � ��~ y;i , , �� i� !� � 'h � � r� .�„`. ,►�,�� ' �, � � "�. , �:� � _ � + 1 � �� ..l � 1� � _ � � I �� i � �� + , � � ��,- , � , �-� ' � - � ' � � � �I��' � * � i + ' � ' -'' �� R• 2 . � r � � # S ti_ '1 � �� • R� �+ �' F I I � �� , � � � � . _ �t� � �i �a �a ; � �f �� . i#i#�• • � � � � �.��••�t • � ' � * � � 1 ' '{_ -� � � � .. , � .f � � F, , � 1 � ' � �I � �r} � .. �+ 'f �'. � 1�T1 � ��?��r� � � h � � � ��j.�-,�A.��,s�I � 1 � '� �� * �i � 1 { �� #� � I� , . � � � '�'' , � � �� , � ,�` �� :�,� , � � � r . �� --�,, � . - ..� � . . ,� �ii]� � ['�� i� � G�� _ �� , � y _�;} � � � , , � � � . �. � � � �� ■ ;{ 6 � � � � � a:.R ' ■ 11 � � �' ..�I��p�_�� IaY11TiV?aX rdr.Yr,Yn3 flflf.S o � EXHIBIT E Portales Drive; 8808 Camp Bowie Blvd to Avril Circle S. r_—' •__ _...y'.—_�.-. . � � :�� # *. . . �J_l_ ti . � I F � ' � � � � � � + � � ' T � � � F - � T' 1 y � ' 1 ' �F � � � 4 � ' � � � � . . i�.r ' ' . _ � 1. �� i ' _ _ � 1 I � i • I � � r` ti, + L �'�] �+F � � � � � * � � -� I�� - �' � ; �. . . � . , �` .� - : -, , . , � � ' � ' n'� . , � � ��-- - —� - � .+� . i � �� . � � �. � � �� v� ��, l, -. ± . . 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T . i � I �i v � � �� y� � � M i• � i a � as �p'� � 5 � T ' � ' * � r � * � A a 9 40 9_ r p�� F � � �J i. � • �, ' � r � �p��,-;�..i� � � ' f.� � i I s ' ��i14L�5'J.�Jllt� � �y G,LO� I , --��i`ti`_�'�¢��1�, , �' �� . � ' . • �' � � � �. * � ' r - ; ' �� - _� � ,_ � � , � . � �� -• � . . � .� _* • 'M • '� ' I ��.4� • �' *' • - +— � . .T .� '��_' � . � � ;'+ �� 'r � �--��' ^ =�k � � �`' �.'��' ' # � + - - � - L � � '1F� 9 P a �� •Y. � ,� � � � • , ' � �.�� i* �� • . �� . � � � : Gk� :il�, 0 �S[=�� + ' - � ;�:ik� ,,�,e' � ! � � � � .� � � *, �] � . , � � '� `�'� ��: �� i � � � � � i • �r, � �� J � _• --. . , , ' . �� ,_ ? , ,. � __ � I � � � � M� IR { I �I�� , � .! �" = , ,� � `�'+� � � � � �� ,,�.�.:. , '�I }y • rr � wa ' ,� � � � �r� TF [� �+ _ �+:� � r� rc • }'f� � L� � ' •i J:}��{� � � � d ` 4•i7a i � � w4i i; �r.. -. . �� . '�'' r+� . �. 4s. 3�' � EXHIBIT E Portales Drive; Avril Circle N. to 8851 S Normandale Street � � ' �� # � � � �� - � �� S ' � f . F f TY . .��i -. . , j ■ 1 � � + . . � 'r � ' _ � '� *■ y+ I � . � . . -�-�Yi � � `4 ,.� � �, � r�,� ,.L.J�.�T•�'-'= = : i4' } .�.={ . � � , k �'•� T i *L - ' '� � �� f _� � � a , I � � - . � �� . ' �+s � �• � *.� � I � . ` + '`�' '��"� ��`'� �� . . �i j+ 4 Ji�� !. `T ' i '' 4 � . r , � �� r, a�_�� G..�_. � �. . � ,�, , ��,_ � : *• � I �"�� ; �` � r � � I �� #'�. � _� � r �� . .5 i, ' i � �+ I •� �„ � �� i � � � � � .� 1 � , �� F � �� , �� I , , � � � I . � ' �� i � I� � 4 � � � • 4 � � � �� I �# t . , � � F_ � , + � ' � * e � � r _ T'.'+^�4V t�y'� LM1,J * � � � i � � -- �� , �� . — .� i �r . '� •� �. . � . � �� _ i ' 4 � � ' "' — � _ �'Y a � '�.�� f � � � i # � s � AF�rt�� . y r ,� �_ � . �' C F � � ¢ , 4¢ � - ��[ 6 i i � i �.. � � � ' �� A � �F ' �. • �� *. � I * � � � � ��. � �r I � � i � * f Garden Springs Drive; W Risinger Road - Fox Trot Drive EXHIBIT E Google: 32°37'00.1 "N 97°22'58.7"W �� + � � * � �� + � � - �`�� . [� . a� # �+3 -� 5' ` #• �f � _ � _ _ �,� . +, , � �,,,�� : �� . . , ^� ' � .. _ yy�' ' - I '� . — k ' M - y� . L k• i � - _ ' , � � I � a � � �%'�Y � ." F � • � � + � I . � + � . � � �`-� � � � + � �4 � � � "� � �� } + � � � 1 -# '� I 'I � � � A _ ��-- � � .� a 1 i �� r � . �-� ` � t �__� � �w r i � � ♦ ' y � � ' _ +•' � , � � 7� � �F � : � �4 � l , �� i . � {+ �. � � # � � 1 } � � � � �� # — -' J i � � � � � � . . �.+ � � � * - `' � ' �t "� � _ _ .� � . . � � � { ' � � x ��. • } r ' � � � t �I - � ' � � �`�� ' _�� 4 ��' - ti �' 4� � + . �4 � � ' � � ' �� ,� � �- � --. ��-� , � � � � ' +�: r � � � '� � ��k k � i� � i � � � � �+ ' ' I � � � + . f , i _ ,' � '�� . f � � �� ' ,{� .�� + ,1 � � f . .�.� � .. � . , + �� .i•, �,� �. � ' . * i � � j � �, - _ � .��. . a � _ f � � ��. . �� . � . � � . � � �`� �� .. 4 .. �� i y � � ��F ` f - i • � � 3 ' J� � 1 � # f�1� � , '1 � I' �r � �f`(� �� L r � _ ' � •Y �-� I _ : r � � _ ;{ � � � � �� . '� } , � . L � � � � �' F • � � ' ' � F � ; ` . f R f # ta�. � ' [� y ' � , ��y• _ �� - � '� � � • ,. ' � � � f � ' ■ a . a � v� ' 3200 Block Frazier Avenue; Cleburne Road to W. Shaw Street EXHIBIT E �� !rw f��, . �� .� . �� i �. �, � � � � , . -� � :�� i.,�.�� 6 0 � � a � �� ' ti # � � ' - ' '� ` � h _ � ,'� f� ry I r y� � �� t . �, `.+��+ r � , . i �� ` �. � �� ,� ,�� ; �, � � j, f . � , �w r , r _ �. ��;� � � � �� Floodplain + . , #$ � �. .ti; ' . r ► �' �� ' �� k � . . Fy�M , �_� � � � _� L' � � � �� .�- � ti � ; � , �+ �F ��4 i� � � # . {i �� . � ,, - �� .�� *� � � th�s area .# � _ r : �+ � � �� , �� ' ,�� _k ' f f ! j � r��rt .0 � �� . '� l� ;�+- . � � . I -� i �� . �� _ � 5 � L � ; S ., - � � ,�' x � � 4 (1 � � y � � � � i� �' ! `4 � 1 # . _�y .�i ' � .:* 7!� � � T - � + r� �il # I ' � F � � �'� ' � + f � ,k • �' � � � + +` �� T �Y � I� � ,y � •� � �� + � F� � � � �- � � y +� • � �' � � , � . � .�tr� ��`�F � �. i . � � I �� 4+ �Y � � f: . . �,� � ',.� � , � I F � � ,T X� �� x� f *�.-��. ,�, • � ,� . ,'.�,, � • � . � ' � .. 1 Y r � - �;. �� ■ � � _ .-. .� ` � C ;{ �� + ,+ R �� ' ', � • . , •� . � a - � � ' '� �� -'� . . . + ,, � } • . . �. � �, + �'"�, � ,� '-_-� � c � ' � �`"� ��.` .� � s ; � ' I . . � I � ��_M � ' ` � �� , �'' Ty� ' . � ;r_ . �� ' �• •'� ��, ��, :� � _ � _ 4 ��. -�: � � �� '------ - r"�'��. ;� � h L � � F * � .� �' � �� • •� � �7 �� t .k +- � � � * ..t� � ' �#� � , ��. - . xj� . � � .� ' � r1 S � .� + �. -� i # �+'��.. �``a . • - - - . �� i� + � �, � ��. �. . �, �� ? ��-, . �� - 4 4 4 'i ��-��*��` L'�� Intersection of East Hattie Street and Kentucky Avenue � ..�� ! � � �� TM'��4� ` � - AlL�".,j��]� a a � � ' � � � , � ' . �' . � i �� , }� � � M � � _ i 1 EXHIBIT E L� � F I ` r � i� � f' , R . F � • � 4 � . .* � �,. � � ,. _ , �. � ft � _ � . � 4 . � ■ � �� , ;ti� �� r� �'' � }' � � �� -. � *�*� �� . �� • � • � ■ � r �* � + � � * r� - �• ; � ' , . � ' �� F � r � � ! h `' � �� C� 51 � k' �r �� F ��I�', �� ' � � � I�� # � �F � � ` �, � -r . �� ` �� N � f�� t r �' '� '� � � � �� ti �� y _ � � � �, �+a� ,�` � � ; .�� I +� �r� h . . . � �' _ � �,. + � � ■ - C � ��t��' r +�* � � 4''r� +�i � �� .�. � �� . � ` ' �� ,� ��`� � �� •�, .� . ,� ' .�F�r� �1 � . .,�� x f �� i � �_ tr r � _ � ,� � a � � � ,� � �y� . � _ �it ` J5 : � �-* � �� r�� . �. ` �� +��` !� ' � . .� � 4� ` Y � . � 3100 Primrose Avenue across from Carter-Riverside High School 32°46'55.2"N 97°18'01.2"W EXHIBIT E .� , ��,t , r r:�.�f 1 ��r- ��• _ �*- � -�� - - � 1 , ��k ' � � - - i � I ■ o i 1 ' = i 0 i -*�' _ ■ t a� � I� 4 �� rt��5 .�� rt� I i . �,I{' �r�.-. ' ��'.s .' �� -+��. . ��4 hl :_ � Y � �'$}�•�4 �� , ' ' ' � • ~ .� t. �• �'� � �t � L r , * � � �� * �,-. � �L �4 ' � � * J �,��ti �� •'�� '� � � � � �� - -1�' . r � ' � � �, � � F i ' ''� t ' � . .,� �� _ . � � _ J �Y � ' Y �y�y � !� � � Yt 1 � �Y �� . +rll - �i� ; ti �� i . � � � y r•`r � 'r �' � �' �ti� Y � � r � � k � � � � - � � _ _. '�� y� $ + i . .� � � . n � �� ' �Y �� ' . � . I � # �_ �'�� , - � � � � 5 + F� �1 •.�. .� •• r ` it � � _ L� � Fs `.' F+r� � i � +'�.� � � � ti � L. �, *' j'� 1 k' '��,� � ' �I �L � r �s 1 �• } . , .�, . � . � �� , � � �, . , , ��• . � �.,� � � . � :;, �y 4 � �'. rir i ��` Rr'+�%�� ' � � � i �' iL . �� 3 •4 4 ��y � ��'`� , �.y i � + ', �+ � M1 ��r+ �1' ��4' � .�' `� � � �' � y �' `� . #� �� ' �}4 � . 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