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HomeMy WebLinkAboutContract 58804CSC No. 58804 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Jacobs Engineering Group, Inc, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Grand Avenue Sidewalk Project — Project No. 104220. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $279,995.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services FT. WORTH, TX CPN 104220 Revised Date: November 23, 2021 Page 1 of 15 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. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing 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. City of Fort Worth, Texas Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services CPN 104220 Revised Date: November 23, 2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner 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. City of Fort Worth, Texas Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services CPN 104220 Revised Date: November 23, 2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose 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 no 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. City of Fort Worth, Texas Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services CPN 104220 Revised Date: November 23, 2021 Page 4 of 15 Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the 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 contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any 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 reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in City of Fort Worth, Texas Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services CPN 104220 Revised Date: November 23, 2021 Page 5 of 15 effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such 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 respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design 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. City of Fort Worth, Texas Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services CPN 104220 Revised Date: November 23, 2021 Page 6 of 15 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 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. City of Fort Worth, Texas Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services CPN 104220 Revised Date: November 23, 2021 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the 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. City of Fort Worth, Texas Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services CPN 104220 Revised Date: November 23, 2021 Page 8 of 15 I. 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. J. 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 CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth, Texas Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services CPN 104220 Revised Date: November 23, 2021 Page 9 of 15 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.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable 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 projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth, Texas Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services CPN 104220 Revised Date: November 23, 2021 Page 10 of 15 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 ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. 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. 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. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services CPN 104220 Revised Date: November 23, 2021 Page 11 of 15 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. 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. N. Prohibition on Boycotting Energy Companies City of Fort Worth, Texas Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services CPN 104220 Revised Date: November 23, 2021 Page 12 of 15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 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 City of Fort Worth, Texas Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services CPN 104220 Revised Date: November 23, 2021 Page 13 of 15 same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH l� William Johnson (Ja 1, 202316:37 CST! William M. Johnson Assistant City Manager Date: J an 3 11 2023 ATTEST: Jannette Goodall City Secretary �d4aann�� �pF FORT�ad� o�° °°o�'.4dd �o Ovo to Poi*o °°*� d� a Z KIX t-a APPROVAL RECOMMENDED: By.Lauren Pricur (Jan 30, 202311:11 CST) Lauren L. Prieur, Interim Director Transportation and Public Works Department APPROVED AS TO FORM AND LEGALITY By:DBlack (Jan 30, 2023 18:42 CST) Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 14 of 15 BY: ENGINEER Jacobs Engineering Group, Inc Chad L. St. John, ASLA Manager of Projects Date: Jan 23, 2023 Form 1295 No. N/A M&C No.:22-1011 M&C Date- 11 /29/22 OFFICIAL RECORD Grand Ave Sidewalk CPN 104220 CITY SECRETARY FT. WORTH, TX 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. David J. Kastendick, P.E. Project Manager City of Fort Worth, Texas Grand Ave Sidewalk Standard Agreement for Engineering Related Design Services CPN 104220 Revised Date: November 23, 2021 Page 15 of 15 FORT WORTH ATTACHMENT "A" Scope for Engineering Design Related Services for Arterial Improvements 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 Professional Engineering Services for the Sidewalk Project on the North side of Grand Ave from Northside Dr to N Main St. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Quality Control/ Quality Assurance City of Fort Worth, Texas Attachment A Grand Ave Sidewalk Release Date: 07.22.2021 CPN 104220 Page 1 of 23 FORT WORTH 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 10 for further details. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend a pre -design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Attend one (1) constructability review meeting with CITY representatives, including Traffic Management, at the 60% submittal milestone • Conduct and document monthly 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 • Conduct QC/QA reviews and document those activities. Refer to Task 10 for further details • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. Multi -month billing is not allowed. Months in which no work is being invoiced shall require submission of a $0.00 invoice. Prepare and submit monthly Project Status Reports in the format provided by the Transportation and Public Works Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. • Prepare and submit a preliminary Project Risk Register, Stakeholder Register, and Project Communications Plan. CITY will modify and finalize. Review Project Risk Register periodically with CITY Project Manager and make recommendations to mitigate, accept, or remove risks. City of Fort Worth, Texas Page 2 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 2 of 23 CPN 104220 FORT WORTH • 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. • 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 • One (1) pre -design project kickoff/chartering meeting • One (1) constructability review meeting during design • Six (6) monthly project update meetings during design phase • Two (2) plan review meetings • 12 (12) biweekly design team meetings • All submittals to the City will be Quality checked prior to submission. • Project design phase is anticipated to take Six (6) months. • Project construction phase is anticipated to take Six (6) months. • Twelve (12) monthly updates of Project Status Reports, MWBE forms, TPBE, Risk Register, and project Schedule. DELIVERABLES A. eting summaries with action items B. /QA documentation C. Baseline design schedule D. Preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan E. nthly Schedule updates with schedule narrative describing any current or anticipated schedule changes F. nthly Project Status Reports G. PBE spreadsheet updates with milestone submittals and when new cost figures are available City of Fort Worth, Texas Page 3 of 23 Attachment A Grand Ave Sidewalk Release Date: 07.22.2021 Page 3 of 23 CPN 104220 FORT WORTH® H. Monthly Project Risk Register updates Plan Submittal Checklists (See Task 10) J. Monthly invoices K. Monthly M/WBE Report Form and Final Summary Payment Report Form City of Fort Worth, Texas Page 4 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 4 of 23 CPN 104220 FORT WORTH 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. • 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. 2.3. Utility Clearance 2.4. • 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 Conceptual 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 coordinate 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 the City's document management system (BIM 360) 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. • 2.5 Conceptual Design Report (Arterials) in the format provided by the CITY City of Fort Worth, Texas Page 5 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 5 of 23 CPN 104220 FORT WORTH:, • Conceptual plan showing existing and proposed 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 Three (3) sets of 11"x17" size plans will be delivered for the 30% design. • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Report B. Conceptual Design Package City of Fort Worth, Texas Page 6 of 23 Attachment A Grand Ave Sidewalk Release Date: 07.22.2021 CPN 104220 Page 6 of 23 FORT WORTH:, TASK 3. 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 3.1. The Preliminary Design Drawings and Specifications shall include the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • Quantity Summary page and each design sheet shall include a quantity take off table. • Traffic Control Plan including all construction signage and pavement markings which will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. • 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). • Updated existing and proposed typical section sheets. • Preliminary roadway details to include curbs, curb expansion joints, driveways, and sidewalks, • Preliminary pavement marking, layouts. • Documentation of key design decisions. • Estimates of probable construction cost. 3.2. Geotechnical Investigation • As necessary for design and construction of required walls. 3.3. 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. 3.4. Public Meeting After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, assist the project manager in preparing a presentation of the most appropriate format (most usually in Power Point), and attend one (1) public meeting to help explain the proposed project to residents. The City of Fort Worth, Texas Page 7 of 23 Attachment A Grand Ave Sidewalk Release Date: 07.22.2021 Page 7 of 23 CPN 104220 FORT WORTH CITY shall select a suitable location, time and date. The Engineer needs to coordinate with the City's project manager to format the mailing list of all affected property owners. 3.5. 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 • Where conflicts cannot be avoided, coordination of Utility Conflicts will be identified at the Conceptual phase and begin at the Preliminary Design phase. In the case of a private Utility Conflict, the ENGINEER shall upload a set of plans in PDF format with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts in the City's document management system (BIM 360). The PDF file should be created directly from the CAD files. At each design milestone, the City PM will issue a Utility Clearance Letter to be accompanied by said plans and table to all utility companies which have facilities within the limits of the project for coordination The ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • ENGINEER to obtain utility As -built plans and/or do field visits to confirm relocation is complete and that the utility has been relocated in accordance with the plans and the project needs, report any discrepancies found, and provide documentation to support findings. • ENGINEER to upload all utility As -built plans in the City's document management system (BIM 360) ASSUMPTIONS • Assumed No Drainage calculations as this is a sidewalk project and not a roadway project. Modification to drainage would be considered additional services. • Assumed no Geotechnical Borings to be completed as a part of this work. • Three (3) sets of 11 "x17" size plans will be delivered for the 60% design for review coordination. • One (1) set of the Project Manual (Contract and Specifications) will be delivered for the 60% design. • The following shall be uploaded to the designated project folder in the City's document management system (BIM 360): City of Fort Worth, Texas Page 8 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 8 of 23 CPN 104220 FORT WORTH® ■ Single PDF file created from design CAD drawings. ■ The Project Manual (Contract and Specifications) ■ All other submitted documents and checklists • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • One (1) Public Meeting is assumed. • 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 including QC/QA documentation B. Utility Conflict Coordination Package C. Estimates of probable construction cost D. Public Meeting exhibits City of Fort Worth, Texas Page 9 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 9 of 23 CPN 104220 FORT WORTH:, TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans (90%) and Project Manual 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 the Utility Clearance Letter to be issued by the City PM. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • A Quantity Summary page will be included in both the 90% and 100% design plans. Each design sheet of the plans shall also include a quantity take off table. • The ENGINEER shall submit an estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use standard CITY or TxDOT bid items, as applicable. ASSUMPTIONS • Assumed there will be no utility relocations • Assumed No Drainage calculations as this is a sidewalk project and not a roadway project. Modification to drainage would be considered additional services. • Three (3) sets of 11 "x17" size drawings and one (1) set of the Project Manual will be delivered for the 90% Design package. • A PDF and DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). • One (1) sets of 11 "x17" size drawings and one (1) set of specifications will be delivered for the 100% Design package. • A PDF and DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in City's document management system (BIM 360). DELIVERABLES A. 90% construction plans and specifications including QC/QA documentation. B. 100% construction plans and Project Manual including QC/QA documentation. 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 D. Digital cover sheet for the signatures of authorized CITY officials. City of Fort Worth, Texas Page 10 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 10 of 23 CPN 104220 FORT WORTH TASK 5. BID PHASE SERVICES. The CITY reserves the right to bid the project either via traditional project bid to via unit price alternative delivery. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto the City's document management system (BIM 360) for access to potential bidders. • Project Manual shall be uploaded in a single PDF file • Bid Proposal Document of the Contract documents shall be uploaded in a file format of filename extension ".xls". Unit Price Proposal documents are to be created utilizing the city's unit price tool only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, that 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 the City's document management system (BIM 360) in two formats, .pdf and .CAD files. The .pdf will consist of one file of the entire plan set. • If requested by prospective bidders, the ENGINEER will sell contract documents at a reasonable price to recover reproduction and document request fulfillment cost. The CITY will not sell hard copies of the contract documents. • Attend the pre -bid conference in support of the CITY. • 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 are to be uploaded into the project's Bid Results folder on the City's document management system (BIM 360) Incorporate all addenda into the contract documents and issue conformed sets. After the bid opening, ENGINEER will provide 5 full sets of plans, 7 half-size sets and 2 copies of the conformed Project Manual set incorporating all approved addenda. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Construction documents will only be made available on the City's document management system (BIM 360) for plan holders and/or given to plan viewing rooms. City of Fort Worth, Texas Page 11 of 23 Attachment A Grand Ave Sidewalk Release Date: 07.22.2021 Page 11 of 23 CPN 104220 FORT WORTH:, • Construction documents will not be printed by the CITY and made available for purchase by plan holders and/or given to plan viewing rooms. • PDF and CAD files will be uploaded to the City's document management system (BIM 360). DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed) City of Fort Worth, Texas Page 12 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 12 of 23 CPN 104220 FORT WORTH TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1. Construction Support • The ENGINEER shall attend the pre -construction conference. • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location or media and mail notices to the nearby residents and other stakeholders. • The ENGINEER shall attend up to three construction progress meetings during the duration of construction. • The ENGINEER will meet with concerned citizens as needed in coordination with the CITY PM. • 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 in the City's document management system (BIM 360). • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, respond to Request for Information (RFI) from the contractor, review change orders, and make recommendations as to the acceptability of the work. The ENGINEER will meet with the Project Delivery Team and Contractor on -site to review any field changes. • The ENGINEER will coordinate with other TPW divisions and other departments as necessary. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. For information on the proper manner to submit files and to obtain a file number for the project, the ENGINEER should coordinate with the City project manager. 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 • NO as -built survey will be performed. All redline markups will be provided by the contractor and not by the Engineer City of Fort Worth, Texas Page 13 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 13 of 23 CPN 104220 FORT WORTH:, • Engineer is providing construction observation services not construction administration. All change order and modifications will be handled by the city. • Six (4) site visits are assumed. • 6submittal reviews are assumed. • 4RF1's are assumed. • 1 Change Orders are assumed. 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 in digital format provided by the contractor not the engineer City of Fort Worth, Texas Page 14 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 14 of 23 CPN 104220 FORT WORTH:, 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 and easement 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. Proposal includes up to five property title searches. 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. This proposal include up to two Right-of-way/easement submittals • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system (BIM 360) Project Resources folder. 7.3. Temporary Right of Entry Preparation and Submittal Prior to construction, the ENGINEER should coordinate with the City project manager to identify all needed Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to construction or who are directly affected by the project and no easement is required to enter their property. This scope of work include up to two Right of entry preparation and submittals • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system (BIM 360) Project Resources folder. ASSUMPTIONS Right of entry documents will be provide only if authorized. Fee includes up 2 right of entry documents and 2 construction easement documents. 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 records, right-of-way takings, easement vacations and abandonments, right-of- way vacations, and street closures. DELIVERABLES A. up to two (2) Temporary Right of Entry cover letters B. up to two (2) Temporary Right of Entry documents City of Fort Worth, Texas Page 15 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 15 of 23 CPN 104220 FORT WORTH:, TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. 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 other features relevant to the final plan sheets. - Topographic Survey - Perform a field topographic survey that is in compliant with the standards and specifications of a Category 6, Topographical Survey as defined in the current MANUAL OF PRACTICE for Land Surveying in the State of Texas, published by the Texas Society of Professional Surveyors. - Unless otherwise specified, the survey will be established using existing physical monumentation to identify the horizontal and vertical control for the project area. The project will then be adjusted horizontally to client specifications and vertically to the North American Vertical Datum (NAVD) 88 for orthometric heights and GEOID XX for geoidal separations with references to a City of Fort Worth published benchmark, if available. - Provide topographic mapping with a minimum of one foot contour intervals depicting, but not limited to, the following information and specific limits referenced herein: - Limits: Approximately 4300 linear feet beginning at the west right of way to N Main Street along the centerline of Grand Avenue to the north right of way of Grand Avenue ending at W Northside Drive. - Positions and elevations of natural ground features, edge of pavement, curb islands, top back of curb with flow lines, valley gutters, cross sections of roadways, median openings and intersections of adjacent streets and roads, top of block wall footings, flow lines, top of bank and toe of slope of creeks, canals, or ditches; exterior edges of water; sign and fences; and any other above ground visible features. - The location, elevation and description of all visible surface utilities (i.e., manholes including inverts, flow line elevations and pipe sizes to the best of our abilities as viewed in the field, inlets, fire hydrants, water valves, streetlights, vaults and meter locations). - Boundary Survey The task will include locating and verifying the correctness of the physical monumentation. Further analysis will be based on the subject tract(s) current deeds, City of Fort Worth, Texas Page 16 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 16 of 23 CPN 104220 FORT WORTH adjoining deeds, right-of-way maps, and a current (30 days) Title Commitment if applicable with all identified easements and listed exceptions of record shown on a Schedule B. - The Engineer has included the cost to make an independent abstract of title & easement estate of the subject property(s) not to exceed (25). (estimated) - The easements and other exceptions listed on the Schedule B portion of the Title Commitment will be located based on the descriptions of record as provided to The Engineer. 8.2. Temporary Right of Entry Preparation and Submittal • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system resources folder. 8.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level D, C, 8, and A, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. The Engineer shall perform the SUE work required for this project in general accordance with the recommended practices and procedures described in ASCE Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). As described in the mentioned ASCE publication, four levels have been established to describe the quality of utility location and attribute information used on plans. The four quality levels are as follows: • Quality Level D (QL"D") - Information derived from existing utility records; • Quality Level C (QL"C") - QL"D" information supplemented with information obtained by surveying visible above -ground utility features such as valves, hydrants, meters, manhole covers, etc. • Quality Level B (QL"B") - Two-dimensional (x,y) information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as "designating" this quality level provides the horizontal position of subsurface utilities within approximately one foot. • Quality Level A (QL"A") - Three dimensional (x,y,z) utility information obtained utilizing non-destructive vacuum excavation equipment to expose utilities at critical points which are then tied down by surveying. Also known as "locating" this quality level provides precise horizontal and vertical positioning of utilities within approximately 0.05 feet. It is the responsibility of the SUE provider to perform due -diligence with regard to records research (QL "D") and acquisition of available utility records. The due - diligence provided for this project will consist of visually inspecting the work area for evidence of utilities and reviewing the available utility record information. Utilities that are not identified through these efforts will be here forth referred to as "unknown" utilities. TRG personnel will scan the defined work area using electronic prospecting City of Fort Worth, Texas Page 17 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 17 of 23 CPN 104220 FORT WORTH equipment to search for "unknown" utilities. However, TRG is not responsible for designating and locating these "unknown" utilities. Based on information provided by The Engineer, TRG has developed a preliminary scope for the SUE work required for this project. The scope of work may be modified, with The Engineer' concurrence, during the performance of the SUE fieldwork if warranted by actual field findings. Based on information provided by the City, TRG has developed a preliminary scope for the SUE work required for this project. The scope of work may be modified, with Jacobs' concurrence, during the performance of the SUE fieldwork if warranted by actual field findings. The scope of this proposal includes Quality Level "A". One (1) day of QL "A" test hole effort will be included in the budget. Test hole locations will be determined by Jacobs and TRG once the QL `B" SUE deliverable has been reviewed. TRG will have all designating marks and test holes surveyed using project control point data provided by Jacobs. Any necessary Right -of -Entry (ROE) permits will be provided by Jacobs prior to the start of TRG field work. Designating Procedures Prior to beginning field designating activities, The field manager will review the project scope of work and available utility records. Once these initial reviews are complete, the field manager and technicians will begin designating the approximate horizontal position of known subsurface utilities within the specified project limits. A suite of geophysical equipment (electromagnetic induction, magnetic) will be used to designate metallic/conductive utilities (e.g. steel pipe, electrical cable, telephone cable). The Engineer shall establish routine/ordinary traffic control (cones and free standing signage, etc.) whenever required as part of our standard pricing. If non - routine traffic control measures are required (barricades, flag person, changeable message board, etc.), these services will be considered extra. Accurate collection and recording of designated utilities is a critical component of the SUE process. TRG utilizes a proven method of collecting and recording survey information once the utilities have been designated in the field. The field manager will produce detailed sketches depicting each utility as well as relevant surface features such as roadways, buildings, manholes, fire hydrants, utility pedestals, valves, meters, etc. Each utility will be labeled with a unique ID code. For example, if two different water lines exist on the project, one will be labeled W1 and the other W2. Paint and pin flags will be used to designate the utilities in the field. A labeled pin flag or paint mark will be used to mark each location where a survey shot is required. The locations will be numbered sequentially for each individual utility line. For example, if there are 10 shots required on water line W1, the points will be numbered W1-1 through W1-10. ASSUMPTIONS Up to one Day of field work for each Level A test hole is included. Since the depth and complexity of the Test holes are unknown, this scope includes a day rate to accomplish the Level A sue. Anything beyond that will be additional services. City of Fort Worth, Texas Page 18 of 23 Attachment A Grand Ave Sidewalk Release Date: 07.22.2021 CPN 104220 Page 18 of 23 FORT WORTH DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. SUE plan drawings sealed by a professional engineer registered in the State of Texas. Engineer shall produce a utility file, in AutoCAD format, depicting the type and horizontal location of the designated utilities. The size of each utility will be presented in the utility file if this information is indicated on available record drawings. C. AutoCAD 2D files with resolved boundary lines illustrating current recording information for the subject tract(s), immediate adjoined tracts, and / or rights of way. D. AutoCAD 2D files for design including improvements, utilities, planimetric, contours, and triangles. E. *.DWG, *.TIN, XML (surface files), *.csv (ASCII files) City of Fort Worth, Texas Page 19 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 19 of 23 CPN 104220 FORT WORTH® 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: . 9.3 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 and submitted to the city as an expense. ASSUMPTIONS It is assumed the only permit requirement is the permit or approval for TDLR. All other permits are excluded in this scope of work DELIVERABLES A. TDLR submission. City of Fort Worth, Texas Page 20 of 23 Attachment A Release Date: 07.22.2021 Grand Ave Sidewalk Page 20 of 23 CPN 104220 FORT WORTH:, 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. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. • 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 30%, 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 "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 "check print") 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. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 21 of 23 Page 21 of 23 Grand Ave Sidewalk CPN 104220 FORT WORTH:, • 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 check print 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 to the design schedule for a returned submittal. ENGINEER shall plan to recover the lost time with future project milestones remaining unchanged. • 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 the City's document management system (BIM360). DELIVERABLES A. /QA documentation City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 22 of 23 Page 22 of 23 Grand Ave Sidewalk CPN 104220 FORT WORTH:, ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES 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. • Drainage studies are excluded • 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. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 23 of 23 Page 23 of 23 Grand Ave Sidewalk CPN 104220 ATTACHMENT B COMPENSATION Design Services for Sidewalk Project on the North side of Grand Ave from Northside Dr to N Main St. City Project No. 104220 Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category <Year 1> Rate $/hour <Year 2> Rate $/hour Project Director 235 240 Project Manager 130 135 Project Engineer 185 190 EIT 125 130 CADD 100 105 Administrative 60 65 ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). Grand Ave Sidewalk CPN 104220 ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department, monthly progress reports and schedules in the format required by the City. Grand Ave Sidewalk CPN 104220 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Fir Primary Responsibility Fee Amount % m Prime Consultant Jacobs Civil Engineering, $215,655 77% Landscape, Survey, Project Management Proposed MBE/SBE Sub -Consultants Lim Associates. Civil Engineering $40,000.00 14.5% The Rios Group, Inc. Subsurface Utility Engineering $5,000.00 1.7% Non -Guaranteed Non-MBE/SBE Consultants Title Research Property Title Research $7,500.00 2.6% Non -Guaranteed Expenses Survey Expenses, travel, $11,800.00 4.2 meeting, printing, etc. Non -Guaranteed TOTAL $279,955.00 100% City MBE/SBE Goal = 11 % Consultant Committed Goal = 14.5% Consultant non Guaranteed Goal 1.7% Grand Ave Sidewalk CPN 104220 tv E E 3 cn m .. 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O vv ON oco F V N f0 c @ E N no O N CO O 0 cD to @ q w i H N N L N @ 0 J U m @ 0 C U LL E o t O 0 0 U ¢ a 16 O O f9 O O 000 O 00 N 1A co CO O 69 O O o) 10 1- 0 0m m O N N 0 1- EA 0 0 ( .q 0 0m (A 69 0 Vi o 10ro rr` rli cc m msIOIq It v sN»- V wM co N @ r y o00 000 00 0 0 leo oln In00000u�o = F» (» (n F» (» F» us (n F» » oro LM x N H3 69 EO us LLl V O r 0 0 U w w w 3 O a m K o o n LO 00 0c� a v c r d a w w 3 c � � � i0 c c O Z a w � vNi uNi � a 0 0 0 0 aro 0 0 nF» 0 mr 0 0 e» 0 mcl 0 0 0 0 0 0 0 0 0 0 0 0 oc J O fA �M- v01 N 0 N E W Q U N r w w O L O a y N V 7 O a` c w V N � N O C M V V O N N O O � N O cli O i a`o d m � y a c v O J C c N O p O pl c c @ E @ O a L U LL w c n ELZ a 0 c 0 U p c O Q L C N N C M 6 L � U @ CLLI @ m P N ya@iaEi@o N N 2� N O a L H V N C H y Of w E pl Z 0 y LL (n N >@ @ 0 0� a-' �' J 0 O C 0 aci a 'v'> m 'o `o w o o `o m c p d o z° ¢a n��LE @ a� c � L L� E UI y Z'N @ w E a `m� .� o pO Q o N O ��� ma>r.•� cs x mpg' IY Kw w W, rQ (a a H(n O_(n W LLrd'rU C N M 7 LO (O Z Y O O O O O N N M M 7 N M V h O r @ r n O rn C @ E N a N U o r oo to 6 w w 1p x O p r @ N L @ @ 0 J U m @ r C 'V LL o L O 0 0 U ¢ 2 a 0 E �� � m m y s o = �,. y mmlL ; U o o_ UO OU j N O d F- F Q y m o � u) u) w a it ww mm co m y uu)u)gwF- ww m mm 22 c O z ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Grand Ave Sidewalk City Project No.104220 Proposed changes to the Standard Agreement Attachment (Exhibit) F — Insurance Requirements (2) GENERAL INSURANCE REQUIREMENTS b. Except for Professional Liability, applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each, except of Professional Liability, be endorsed with a waiver of subrogation in favor of City with respect to the Project c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable certificates documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. i. City shall be entitled, upon its request and without incurring expense, to review Insured's endorsements. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 FORT 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 Grand Ave Sidewalk Attachment D CPN 104220 Revision Date: 07.20.2018 Page 1 of 1 Attachment Grand Avenue Sidewalks City Project No. 104220 ' • �RePY 91ueAbunA wateupa Vo NRFamll, Ylacer Per x.E4n lenlena Hill, PROJECT LOCATION McIPtly Hill, CM r Grand Avenue Ltla`. Wonn Seneom Pelrt �� �� Rehlantl Hllls Yn, City Project No. 104220 MAPSCO 62Q Rha QaFs ° V s emerc Ylllege Fort WoFO 'repay Nllls _ � to 5 P ® lxa \� T - ice` --tea e`p ® Eis✓P � {� � � -t. ��kQ _ " tt �/�ul�c�oa� cd Wllagc FORT WORTH, EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 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. ii. Insured 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 Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). 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 Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non - owned autos is acceptable. Insured 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 Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 Grand Ave Sidewalk CPN 104220 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured 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 Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. (3) Except for Professional Liability, applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each, except for Professional Liability, be endorsed with a waiver of subrogation in favor of City with respect to the Project. (4) Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies certificates documented thereon. Insured's insurance policy(s) shall endorsed to provide that said insurance is primary protection and any self - funded or CFW Standard Insurance Requirements Page 2 of 3 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 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. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's endorsements. 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 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. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 City of Fort Worth, Mayor and Texas Council Communication DATE: 11/29/22 M&C FILE NUMBER: M&C 22-1011 LOG NAME: 20E GRAND AVENUE SIDEWALK PROJECT SUBJECT (CD 2) Authorize Execution of an Engineering Services Agreement with Jacobs Engineering Group, Inc in the Amount of $279,995.00 for Grand Avenue Sidewalk Project (2018 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of an Engineering Services Agreement with Jacobs Engineering Group, Inc. in the amount of $279,995.00 for Grand Avenue Sidewalk Project (City Project No. 104220). DISCUSSION: This Mayor and Council Communication (M&C) will authorize the execution of an Engineering Services Agreement with Jacobs Engineering Group, Inc. in the amount of $279,995.00 for the Grand Avenue Sidewalk project (City Project No.104220). The project generally includes design plans and specifications for sidewalk improvements on Grand Avenue from Northside Drive to North Main Street (City Project No. 104220). The contract scope for this project is to provide a new sidewalk, new Americans with Disability Act (ADA) ramps, connecting to existing sidewalks on side streets, and updating any existing sidewalk elements to meet current City ADA guidelines. A pedestrian fatality occurred at this location in 2021. The project will include any needed right-of-way acquisition and utility adjustments to provide for the new sidewalk. In April 2020, the Transportation and Public Works Department (TPW), Capital Delivery Division, published a Request for Qualifications (RFQ) for various engineering consulting services. Category 16 — Specialty Area — Pedestrian/Bicycle Facility Development Task Order Contracts were utilized for this selection. An evaluation team of City staff subject matter experts from the Capital Delivery Division of TPW scored the submitted Statements of Qualifications (SOQ) based on company experience, prior projects, workload, and team experience. A pool of nine (9) firms were prequalified for Category 16 — Specialty Area — Pedestrian/Bicycle Facility Development. Multiple contracts will be awarded in this category and the highest scoring firm based on the July 9, 2020 attachment was selected for the largest project. This firm was second on the list and selected for this project as the most qualified consultant to perform design services for this project after the firm listed above them was awarded a contract at this time. Funding for the Grand Avenue Sidewalk project is summarized in the table below: Fund Existing Funding Project Total 34018 — 2018 Bond Program $450,000.00 $450,000.00 Project Total $450,000.00 $450,000.00 This project is included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-25-2018) and subsequent actions taken by the Mayor and Council. Funding is budgeted in the TPW Dept Highway & Streets Department Department's 2018 Bond Program Fund for the purpose of funding Grand Avenue Sidewalk project, as appropriated. M/WBE Compliance with the City's Business Equity Ordinance has been achieved by the following method: Jacobs is in compliance with the City's Business Equity Ordinance by committing to 14% Business Equity participation on this project. The City's Business EquiW92R UPP,dewiaik project is 11 %. cPN 104220 This project is located in COUNCIL DISTRICT 2. A Form 1295 is not required because: This contract will be with a publicly -traded business entity or a wholly -owned subsidiary of a publicly -traded business entity: JACOBS ENGINEERING GROUP INC FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2018 Bond Program for the Grand Avenue Sidewalk Project to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. William Johnson 5806 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 Grand Ave Sidewalk CPN 104220 Rev. 5.04.21 https://fortworthtexas.sharepoint.com/sites/tpwgis/CPFS/Lists/Request%20Log/Attachments/11414/RE%20%20Risk%20Management%20questi FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Grand Ave Sidewalk -Design Agreement with Jacobs M&C: 22-1011 CPN: 104220 CSO: DOC#: Date: 11-29-22 To: Name Department Initials Date Out 1. Chad St. John -Signature Jacobs Cs Jan 23, 2023 2. David Kastendick-Signature TPW a9x- Dec 21, 2022 3. Chad Allen -Review TPW cA Jan 29, 2023 4. Lissette Acevedo -Review TPW Jan 30, 2023 5. Michael Owen -Review TPW MD Jan 30, 2023 6. Lauren Prieur-Signature TPW «P Jan 30, 2023 7. Doug Black -Signature Legal dwbb Jan 30, 2023 8. William Johnson -Signature CMO Jan 31, 2023 9. Jannette Goodall CSO J5G Feb 1, 2023 10. TPW Contracts TPW CC: TPW BSPAP Recon Team, TPW Records Room, DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContractsOfortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you!