Loading...
HomeMy WebLinkAboutContract 56483City of Fort Worth, Texas Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 1 of 15 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 Teague Nall & Perkins, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Historic Southside Improvements City Project Number 102932. 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 $456,745.00 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: CSC No. 56483 City of Fort Worth, Texas Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 2 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 Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 3 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 Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 4 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 Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 5 of 15 I. 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 (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 effect as of the time copying is performed. City of Fort Worth, Texas Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 6 of 15 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 respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (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 Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 7 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 Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 8 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 Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 9 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 Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 10 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 property infringement, or failure to pay a subcontractor or supplier. CITY City of Fort Worth, Texas Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 11 of 15 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. I.Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J.Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K.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 Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 12 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 (I-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. 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 ENGINEER acknowledges that in accordance with Chapter 2274 of the City of Fort Worth, Texas Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 13 of 15 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 same instrument. City of Fort Worth, Texas Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 14 of 15 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 BY: ENGINEER Dana Burghdoff Assistant City Manager Date:__________________ Teague Nall & Perkins, Inc. Jonathan Bengfort, PE Director of Engineering Services, Associate Principal Date:____________________________ ATTEST: Ronald P. Gonzales Acting City Secretary APPROVAL RECOMMENDED: By: W illiam Johnson Director, Transportation & Public Works APPROVED AS TO FORM AND LEGALITY By: Douglas W Black Sr. Assistant City Attorney Form 1295 No.__________________ M&C No.:_______________________ M&C Date:______________________ Jonathan Bengfort (Oct 8, 2021 09:26 CDT) Jonathan Bengfort Oct 8, 2021 WJ (Oct 11, 2021 14:59 CDT) 09/28/2021 21-0756 2021-787597 DBlack (Oct 15, 2021 17:17 CDT) Dana Burghdoff (Oct 16, 2021 17:58 CDT) Dana Burghdoff Oct 16, 2021 City of Fort Worth, Texas Historic Southside Improvements Standard Agreement for Engineering Related Design Services City Project No: 102932 Revised Date: Sept. 1, 2021 Page 15 of 15 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. _______________________________ Jose A Orozco Sr Project Manager Jose A Orozco (Oct 8, 2021 16:47 CDT) Jose A Orozco ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 23 ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO. 102932 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. CITY OF FORT WORTH WATER DEPARTMENT WATER AND SANITARY SEWER REPLACEMENT Street CD Water and Sewer Map No Water LF Water Size Sewer LF Sewer Size Notes: Arizona Ave 8 77K 450 8” 46 8” Magnolia Ave 8 77K 280 8” Magnolia Ave 8 77K 470 8” Myrtle St, E 8 77P 780 8” New York Ave 8 77F 2,785 60 60 8” 12” 16” 273 8” E Vickery Blvd 8 77F 650 24” 743 8” Williams St 8 77F 360 6” Alley North of Stella Street 8 77F 410 8” TOTAL Water 5,895 LF TOTAL SS 1,472 LF CITY OF FORT WORTH TPW DEPARTMENT PAVING REHABILITATION Street Limits Lane Miles Planned Rehab Procedure Limited Paving Design * Full Paving Design ** Cross Section *** Drainage Analysis **** Arizona Ave E Magnolia Ave - E Allen Ave 0.59 POL X X (15) Magnolia Ave, E Arizona Ave - South Fwy SR SB 0.11 POL X Magnolia Ave, South Fwy SR NB - Evans Ave 0.20 POL X X (1) X ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 2 of 23 E Morphy St, E South Fwy SR NB - Evans Ave 0.19 POL X X (1) Myrtle St, E South Fwy SR NB - Evans Ave 0.22 POL X X (1) Myrtle St, E Evans Ave - New York Ave 0.31 POL X X (4) New York Ave E Vickery Blvd - E Terrell Ave 1.49 POL X X (21) Stella St, E Kentucky Ave – E. Dead End 0.17 POL X Williams St E Daggett Ave – Stella St 0.26 POL X TOTAL 3.54 *Limited Design Projects Include: existing typical section, plan and profile sheets with the existing ground labeled as the proposed ground, and permitting requirements if applicable. **Full Design Projects Include: proposed typical section, plan and profile sheets with the proposed ground profile designed, and permitting requirements if applicable. ***Cross Sections Include: proposed cross sections taken at driveways (on developed lots only) showing the proposed driveway slope and the limits of the driveways shown in plan view on the paving plan and profile sheets. Streets not selected to include cross sections, shall assume driveway replacement to the ROW line on the plan and profile sheets. ****Drainage Analysis Includes: existing and proposed drainage area maps and drainage computations as detailed in the scope below. This project includes Stormwater participation in 1 street Magnolia Ave. WORK TO BE PERFORMED This section includes design effort which will be shared between the Water Department and Transportation & Public Works Department. The consultant shall prepare two separate level of effort (LOE) spreadsheets and will provide their fees according to the departments which are responsible for that subtask. •Subtasks showing [Water] shall have all design fees on the Water Department LOE. •Subtasks showing [Water/TPW] shall split the design fees according to effort or sheet count between the two LOEs. •Subtasks showing [TPW] shall have all design fees on the TPW Department LOE. 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. Plan Submittal Checklists Task 11. Quality Control/ Quality Assurance TASK 1. DESIGN MANAGEMENT. ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 3 of 23 ENGINEER shall ensure efficient and effective use of ENGINEER’s and CITY’s time and resources. ENGINEER shall 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. •Hold meetings and communicate internally among team members to allocate team resources. [Water/TPW ] •Ensure quality control is practiced in performance of the work [Water/TPW ] 1.2. Communications and Reporting •Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements [Water] •Conduct review meetings with the CITY at the end of each design phase. [Water] •Prepare invoices and submit monthly in the format requested by the CITY. [Water/TPW] •Prepare and submit monthly progress reports in the format provided by the Water Department and TPW. [Water/TPW ] •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 and according to the City of Fort Worth’s Schedule Guidance Document. [Water] •Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. [Water] •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 [Water] •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. [Water] •Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 4 of 23 information identifying the name of the company and the company representative. [Water] ASSUMPTIONS •12 MWBE reports will be prepared •4 meetings with city staff •12 monthly progress reports will be prepared •12 monthly project schedule updates will be prepared DELIVERABLES A.Meeting summaries with action items B.Monthly invoices C.Monthly progress reports D.Baseline design schedule E.Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F.Monthly M/WBE Report Form and Final Summary Payment Report Form G.Plan Submittal Checklists (See Task 10) 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 Study the project, Identify and develop alternatives that enhance the system, Present (through the defined deliverables) these alternatives to the CITY Recommend the alternatives that successfully addresses the design problem, and 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 proposed improvements in conjunction with any other planned future improvements that may influence the project. [Water] •The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. [Water] ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 5 of 23 •The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re- routing plans. [Water] •The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. [Water] 2.2. Geotechnical Investigations •ENGINEER shall advise the CITY of test borings and other subsurface investigations that may be needed for the project. If the CITY determines that such borings or investigations are needed, then the ENGINEER shall work with the CITY and CITY’s geotechnical consultant to draw up specifications for such testing program. The cost of such testing will be paid for by the CITY. [Water] 2.3. Fire Line Reconnection A fire line reconnection is not anticipated to be necessary for the lines that have been identified and has therefore not been included in this scope of work. However, the ENGINEER understands that if a fire line is encountered during design survey, then the following procedure should be utilized for the reconnection of fire lines during design and construction of water mains: 2.3.1 All fire lines on existing water mains to be replaced shall be clearly identified on the plans and when necessary, detailed sequence of construction should be provided for the reconnection to ensure that affected properties have adequate fire protection during and after construction. The engineer may need to visit with affected property owners to obtain fire flow and pressure requirements and incorporate the data into the fire service reconstruction design. [Water] 2.3.2 Design Engineer must coordinate with Water Field Operations during the design stage. For situations where the water main is removed and replaced in the same trench, special attention should be given to maintain adequate fire protection. A 2- inch temporary water line is grossly inadequate to feed a fire line. The transfer time of the fire line to the new water main must be kept to a minimum. Where necessary design and appropriate pay items must be provided for adequate temporary water service to feed fire service lines during construction. If there is any question about the adequacy of the temporary service to the fire line, then the inspector or project manager will request field operations to perform a pressure test at the nearest fire hydrant or outlet to determine the adequacy of the temporary connections. If the temporary connection is inadequate to provide fire protection until the permanent feed is in place, the project manager will assess the situation and make a determination as to the appropriate action. [Water] 2.3.3 At pre-construction meeting, contractors should be informed of their responsibility to locate, identify and maintain fire service to applicable buildings. The proposed sequence of reconnection for fire lines should be discuss and enforced during construction. The City inspector shall also inspect the project site and take inventory of fire line locations. [Water] ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 6 of 23 2.3.4 During construction, the inspector shall notify Water Department Field Operations of the pending fire line shut down. In addition, the contractor must notify the local fire station and property owners of the time frame that the fire line will be shut down on company letter head and inspector shall receive a copy. No fire line shut outs will be allowed without this letter. [Water] 2.3.5 The project manager shall be responsible for the implementation and completion of this procedure. [Water] 2.4. The Conceptual Design Package shall include the following: •1 Cover Sheet [Water] •Graphic exhibits and written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. [Water] •Proposed phasing of any water, sanitary sewer, and pavement work that is included in this project documented in both the project schedule and narrative form. [Water] •Existing typical sections of the roadway to be constructed for streets designated as limited paving scope. Proposed typical sections which outline the proposed improvements for streets designated full paving scope. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. It is assumed that the proposed roadway section will be POL or MOL depending on the geotechnical report provided by the City or as directed by the City. [TPW] •Conceptual plan and profile sheets showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities as determined by dig-tess, and existing roadway vertical alignments (profiles). Since the street pavement is not being fully replaced, the ENGINEER will attempt to match the existing pavement elevation. The ENGINEER will attempt to not change the existing roadway drainage pattern. If the existing street has no curbs, super elevated typical sections may be considered to allow drainage to flow across the street. [TPW] •Estimates of probable construction cost. Estimates should be done by street. [Water/TPW] •Documentation of key design decisions. [Water] ASSUMPTIONS •0 Geotechnical borings are included in this scope. Pavement cores will be provided by in-house City crews. •_2_ half size copy 11”x17” copies of the conceptual design package (30% design) will be delivered. ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 7 of 23 •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 prepare the meeting minutes of the Concept Review meeting and revise the report, if needed. •ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. DELIVERABLES A.Conceptual Design Package B.Estimates of probable construction cost. 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. Development of Preliminary Design Drawings and Specifications shall include the following: •Cover Sheet [Water] •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). [Water] •Overall project easement layout sheet(s) with property owner information. [Water] •Overall project water and/or sanitary sewer layout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. [Water] •Overall water and/or sanitary sewer abandonment sheet. [Water] •Updated existing and proposed typical section sheets. [TPW] •Updated roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.’s, P.T.’s, P.I.’s; station and elevation data of all vertical profile P.C.’s, P.T.’s, P.I.’s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. [TPW] ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 8 of 23 •Preliminary roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. It is assumed that the proposed roadway section will be POL or MOL depending on the geotechnical report provided by the City or as directed by the City. ENGINEER will provide any necessary details not provided in city standard details. [TPW] •Driveway cross sections will be required for streets listed in the scope definition above, to determine the driveway limits. Proposed cross sections should be provided for all driveways and the proposed driveway slope shown. The limits of the driveway replacement should be shown in plan view on the paving plan and profile sheets. Streets not selected to include cross sections, shall assume driveway replacement to the ROW line on the plan and profile sheets. [TPW] •Preliminary signing and pavement marking notes, if applicable. [TPW] •Coordinates on all P.C.’s, P.T.’s, P.I.’s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. [Water] •Bench marks per 1,000 ft of plan/profile sheet – two or more. [Water] •Bearings given on all proposed centerlines, or baselines. [Water] •Station equations relating utilities to paving, when appropriate. [Water] •Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. [Water] •The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. [Water] •The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 9 of 23 by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3)by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de-hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. [Water] •Provide map showing location of new manhole construction at the end of existing sewer segments, 90 degree bends, or tee connections. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract documents shall specify that it is the Contractor’s responsibility to coordinate utility location, etc. manhole construction. [Water] •The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-section of the CITY’s specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. [Water] 3.2. 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. [Water/TPW ] 3.3. Public Meeting •After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, prepare and mail the invitation letters to the affected customers. The ENGINEER needs to coordinate with the City’s project manager to format the mailing list of all affected property owners accordingly. [Water] 3.4. 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. [Water] •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. ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 10 of 23 • 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 at each design milestone. The ENGINEER may need to coordination directly with the private utility provider if that provider needs to undertake design to adjust their utility’s location. [TPW] • The ENGINEER shall upload individual PDF files for each plan sheet 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. [Water] • The Engineer shall visit the site during utility relocation to verify the location of re- located facilities is acceptable and report any discrepancies found. Survey verification is not included. [TPW] 3.5. Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as “Typicals” on the CITY’s Project Resources website. The typicals need not be sealed individually, if included in the sealed contract documents. [Water] • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. [Water] 3.6. Estimates of probable construction cost. Estimates should be done by sheet. [Water/TPW] 3.7. Documentation of key design decisions. [Water] ASSUMPTIONS • 1 public meeting(s) will be conducted or attended during the preliminary design phase. • 2 Utility verification site visits(s) will be conducted during the project. • Traffic Control “Typicals” will be utilized to the extent possible. It is assumed an additional _no_project specific traffic control sheets will be developed. • 1 sets of _11x17_ size plans will be delivered for the Constructability Review. • 2 sets of _11x17_ size plans will be delivered for the Preliminary Design (60% design). • 2 sets of specifications will be delivered for the Preliminary Design (60% 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). • All submitted documents and checklists will be uploaded to the designated project folder in the City’s document management system (BIM 360). ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 11 of 23 • The CITY’s front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Traffic Control Plan D. iSWM Construction Plan E. Estimates of probable construction cost F. Data Base listing names and addresses of residents and businesses affected by the project. G. Public Meeting Exhibits 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: 4.1. For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. 4.2. Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. [Water/TPW] 4.3. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (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. [Water/TPW] 4.4. The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items, as applicable. [Water/TPW] 4.5. Documentation of key design decisions. [Water] ASSUMPTIONS • _2_ sets of _11x17_ size drawings and 1 set of _24x36_ size drawings and 1 set of specifications will be delivered for the 90% Design package. • A PDF 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). ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 12 of 23 •_10_ sets of 11x17_ size drawings and _2 set of specifications will be delivered for the 100% Design package. •A PDF file for the 100% 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). •A DWF file for the 100% 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). DELVERABLES A.90% construction plans and specifications. B.100% construction plans and specifications. C.Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY’s standard bid items and format. The paving quantities and estimate should be street by street. D.Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. 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, sell contract documents and maintain a plan holder list. [Water] •Contract documents shall be uploaded in a .xls file. •Unit Price Proposal documents are to be created utilizing city’s unit price tool only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. •Plan Sets are to be uploaded to the City’s document management system (BIM 360) in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. •The ENGINEER shall sell contract documents and maintain a plan holders list on the City’s document management system (BIM 360) from documents sold and from Contractor’s uploaded Plan Holder Registrations in the City’s document management system (BIM 360). •The ENGINEER will develop and implement procedures for receiving and answering bidders’ questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 13 of 23 thereto. The log shall be housed and maintained in the project’s the City’s document management system (BIM 360) folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders’ questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto the City’s document management system (BIM 360) and mail addenda to all plan holders. [Water] •Attend the prebid conference in support of the CITY. [Water] •Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. [Water] •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. [Water] •Attend the bid opening in support of the CITY. [Water] •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). [Water] •Incorporate all addenda into the contract documents and issue conformed sets. [Water] 5.2. Final Design Drawings 1.Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I.TPW file name example – “W-1956_org47.pdf” where “W-1956” is the assigned file number obtained from the CITY, “_org” designating the file is of an original plan set, “47” shall be the total number of sheets in this file. Example: W -0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example – “X-35667_org36.pdf” where “X- 35667” is the assigned file number obtained from the CITY, “_org” designating the file is of an original plan set, “36” shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project’s Final Drawing folder in the City’s document management system (BIM 360) ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 14 of 23 2.In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: I.TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name – “W -1956_SHT01.dwg”, “W -1956_SHT02.dwg”, etc. II.Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name – “X-12155_SHT01.dwg”, “X-12755_SHT02.dwg”, etc. ASSUMPTIONS •The project will be bid only once and awarded to one contractor. •_3_ sets of construction documents will be sold to and made available on the City’s document management system (BIM 360) for plan holders and/or given to plan viewing rooms. •_5_ sets of _11x17_ size and _6_ sets of _24x36 size drawings plans and _5_ specifications (conformed, if applicable) will be delivered to the CITY. •PDF and DWG files will be uploaded to The City’s document management system (BIM 360). DELIVERABLES A.Addenda B.Bid tabulations C.Final iSWM Checklist D.CFW Data Spreadsheet E.Recommendation of award F.Construction documents (conformed, if applicable) 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 preconstruction conference. [Water] •After the pre-construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. [Water] ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 15 of 23 • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. [Water/TPW ] • 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 (RIF) from the contractor, review change orders, and make recommendations as to the acceptability of the work. • The ENGIENER will meet with the Project Delivery Team and Contractor on-site to review any field changes. • ENGINEER shall obtain from the City’s document management system (BIM 360) and review project specific soils and compaction testing information and compare it to the geotechnical bore data collected on the project. The ENGINEER shall, when applicable, also review pipeline rehabilitation installation logs and associated materials that the CITY provides. [Water] • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. [Water/TPW] • The ENGINEER shall attend the “Final” project walk through and assist with preparation of final punch list 6.2 Record Drawings [Water/TPW] • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 16 of 23 • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, in Adobe Acrobat PDF format and in DWF format. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the digital files. I. TPW file name example – “W -1956_org47.pdf” where “W -1956” is the assigned file number obtained from the CITY, “_org” designating the file is of an original plan set, “47” shall be the total number of sheets in this file. Example: W -0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example – “X-35667_org36.pdf” where “X- 35667” is the assigned file number obtained from the CITY, “_org” designating the file is of an original plan set, “36” shall be the total number of sheets in this file. Example: X-12755_org18.pdf • Both PDF and DWF files shall be uploaded to the project’s Record Drawing folder in the City’s document management system (BIM 360). • 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 • One (1) Public Meeting is assumed. • _3_ RFI’s are assumed. • _3_ 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 ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 17 of 23 F.Record Drawings in digital format T ASK 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 [Water] •The ENGINEER shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal [Water] •The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. •The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition •The documentation shall be provided in conformance with the checklists and templates available on the CITY’s Project Resources website. 7.3. Temporary Right of Entry Preparation and Submittal [Water] •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 temporary construction easements or who are directly affected by the project and no easement is required to enter their property. •The documentation shall be provided in conformance with the checklists and templates available on the CITY’s Project Resources website. ASSUMPTIONS •_2 Easements or right-of-way documents will be necessary. •_10 Temporary right-of-entry letters will be necessary. •Right-of-Way research and mapping 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 ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 18 of 23 research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A.Easement exhibits and meets and bounds provided on CITY forms. B.Temporary Right of Entry Letters T ASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey [Water/TPW ] •ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. •The minimum survey information to be provided on the plans shall include the following: −A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: -The following information about each Control Point; a)Identified (Existing. CITY Monument #8901, PK Nail, 5/8” Iron Rod) b)X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c)Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). −Coordinates on all P.C.’s, P.T.’s, P.I.’s, Manholes, Valves, etc., in the same coordinate system, as the Control. −No less than two horizontal bench marks, per line or location. −Bearings given on all proposed centerlines, or baselines. ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 19 of 23 − Station equations relating utilities to paving, when appropriate. 8.2. SUBSURFACE UTILITY ENGINEERING (WHEN REQUESTED AND AS REQUESTED) (TPW) ENGINEER will perform Quality Level B (QL-B) SUE utilizing the appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities with the project mains. For this project QL-B shall be limited to gas mains and gas service lines. 8.3. Additional Services [Water & TPW ] • ENGINEER will perform engineering and survey services as requested by the City. These services will require prior authorization from the City project manager. 8.4. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall coordinate with the City’s project manager to identify, mail and obtain Temporary Right of Entry from landowners (if necessary). • The documentation shall be provided in conformance with the checklists and templates available on the City’s document management system resources folder. ASSUMPTIONS • Topographic survey at intersection will include no more than 50 ft. in each direction. • Normal minimal traffic control is included. Traffic control requiring lane closures, traffic detouring, flagpersons, police, etc., is considered special traffic control measures and will be considered additional services if required. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 9.1. Texas Department of Transportation (TxDOT) Permits. [TPW] • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 20 of 23 •Submitting forms/applications for CITY and TxDOT review •Submitting revised forms for agency review •Responding to agency comments and requests 9.2. Texas Department of Licensing and Regulation (TDLR). This is required for projects with sidewalk construction over $50,000 [TPW] •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. •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 9.3 Storm Water Pollution Prevention Plan •For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. ASSUMPTIONS •Permit preparation will begin after approval of the Conceptual Design. •Assumes (4) TxDOT permits •All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. •Engineer is responsible for providing plans that are in compliance with TDLR requirements. DELIVERABLES •Provide TDLR plan reviews and make required changes. •Provide for timely inspection by a Registered Accessibility Specialist prior to the construction final inspection. •Copies of Permit Applications ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 21 of 23 T ASK 10. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Attachment “A” Type Traffic Signal (Submit All @ 30%) Storm Water 30% Storm Water 60% Street Lights (Submit All @ 30% Water /Sewer (Submit All @ 60%) Traffic Engineering (Submit All @ 60%) Traffic Control 30% Traffic Control 60% Traffic Control 90% Required for all work in City ROW Street X X X X X* X X X X Storm Water X X X X X Water / Sewer X X X X *If included in street project ASSUMPTIONS DELIVERABLES TASK 11. 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 sub consultant 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. 11.1. QC/QA of Survey and SUE Data •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 ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 22 of 23 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. • ENGINEER’s Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 11.2. 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. • 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 ENGINERR’s responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. ATTACHMENT A DESIGN SERVICES FOR HISTORIC SOUTHSIDE IMPROVEMENTS CITY PROJECT NO.: 102932 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 23 of 23 • 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. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICE 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 including temporary right-of -entries. • 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 • Periodic site visits during construction phase • 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 related to submitting for permits not already included above (ie.TRA, railroad, etc…) • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of- way, and/or temporary right-of-entries. • 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. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Historic Southside Improvements Attachment B City Project No.: 102932 PMO Official Release Date: 8.09.2012 Page 1 of 3 B-1 Design Services for Historic Southside Improvements City Project No. 102932 Lump Sum Project I.Compensation A.The ENGINEER shall be compensated a total lump sum fee of $456,745.00 as summarized in Exhibit B-1 – Engineer Invoice and Section IV – Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B.The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II.Method of Payment A.Partial payment shall be made to the ENGINEER monthly upon City’s approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B.The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth’s Schedule Guidance Document. C.The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D.Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III.Progress Reports A.The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Historic Southside Improvements Attachment B City Project No.: 102932 PMO Official Release Date: 8.09.2012 Page 2 of 3 B-2 IV.Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Teague Nall & Perkins, Inc. Engineering Design, Survey $401,745.00 88.0 Proposed MBE/SBE Sub-Consultants Gorrondona & Associates, Inc. Survey $26,000.00 5.7 Lamb-Star Engineering, LLC SUE $29,000.00 6.3 Non-MBE/SBE Consultants TOTAL $456,745.00 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE % $456,745.00_____ $55,000.00___ __12.0% City MBE/SBE Goal = 12% Consultant Committed Goal = 12 % EXHIBIT “B-1” ENGINEER INVOICE (Supplement to Attachment B) City of Fort Worth, Texas Historic Southside Improvements Attachment B City Project No.: 102932 PMO Official Release Date: 8.09.2012 Page 3 of 3 B-3 Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. Professional Services Invoice Project Manager:Summary Project: City Project #:102932 City Sec Number:Supplier Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. Company Name:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Supplier's PM:Jonathan Bengfort, P.E.email: Supplier Invoice #:Office Address: Payment Request #:Telephone: Service Date:From Fax: Service Date:To Invoice Date:Remit Address: Sheet Agreement Amount Amendment Amount Percent Spent ($) Invoiced Previously Current Invoice Remaining Balance Work Type 1 $152,044.00 $152,044.00 $152,044.00 Work Type 2 $38,011.00 $38,011.00 $38,011.00 Work Type 3 $226,690.00 $226,690.00 $226,690.00 Work Type 4 $40,000.00 $40,000.00 $40,000.00 Work Type 5 Work Type 6 Totals This Invoice $456,745.00 $456,745.00 $456,745.00 Overall Percentage Spent: Stormwater FID and Work Type Description Water Sewer Roadway Jose Orozco Teague Nall and Perkins, Inc. Historic Southside Improvements Agreement Amount to Date jbengfort@tnpinc.com 5237 N. Riverside Drive, Suite 100, Fort Worth, TX 76137 817-665-7188 817-336-2813 5237 N. Riverside Drive, Suite 100, Fort Worth, TX 76137 LTD Completed Amount Professional Services Invoice Project Manager:FALSE Project:Historic Southside Improvements FALSE 16 - Hydraulic Assesment(s) City Project #:102932 30 - Design Work Type Desc:Supplier Instructions:31 - Conceptual Design FID:32 - Preliminary Design City Sec Number:Fill in green cells including Percent Complete and Invoiced Previously Quanities 32 - Geotech Report Purchase Order:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the 33 - Final Design Consultant folder within Project's folder.33 - Printing Company Name:33 - Other Reimbursibles 42 - Negotiations/Easements/Legal Fees 51 - Preliminary SurveySupplier's PM:Jonathan Bengfort, P.E.email:52 - Construction Staking Supplier Invoice #:Office Address:80 - Construction Payment Request #:Telephone:81 - Construction Reimbursements Service Date:From Fax:84 - Material/Soil Testing Service Date:To 85 - Construction Services Invoice Date: Remit Address:93 - Mapping To Add more use insert Pay Items Agreement Amount Amendment Number Amendment Amount Percent Spent ($) Invoiced Previously Current Invoice Remaining Balance $18,816.00 $18,816.00 $18,816.00 $24,688.00 $24,688.00 $24,688.00 $31,988.00 $31,988.00 $31,988.00 $43,640.00 $43,640.00 $43,640.00 $8,912.00 $8,912.00 $8,912.00 $24,000.00 $24,000.00 $24,000.00 Totals This Unit:$152,044.00 $152,044.00 $152,044.00 Overall Percentage Spent: Jose Orozco Agreement Amount to Date jbengfort@tnpinc.com 5237 N. Riverside Drive, Suite 100, Fort Worth, TX 76137 85 - Construction Services 33 - Other Reimbursibles 33 - Final Design 51 - Preliminary Survey Teague Nall and Perkins, Inc. Water Description LTD Completed Amount 817-665-7188 817-336-2813 31 - Conceptual Design 32 - Preliminary Design 5237 N. Riverside Drive, Suite 100, Fort Worth, TX 76137 Professional Services Invoice Project Manager:FALSE Project:Historic Southside Improvements FALSE 16 - Hydraulic Assesment(s)16 - Hydraulic Assesment(s) City Project #:102932 30 - Design Work Type Desc:Supplier Instructions:31 - Conceptual Design FID:32 - Preliminary Design City Sec Number:Fill in green cells including Percent Complete and Invoiced Previously Quanities 32 - Geotech Report Purchase Order:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the 33 - Final Design Consultant folder within Project's folder.33 - Printing Company Name:33 - Other Reimbursibles 42 - Negotiations/Easements/Legal Fees 51 - Preliminary SurveySupplier's PM:Jonathan Bengfort, P.E.email:52 - Construction Staking Supplier Invoice #:Office Address:80 - Construction Payment Request #:Telephone:81 - Construction Reimbursements Service Date:From Fax:84 - Material/Soil Testing Service Date:To 85 - Construction Services Invoice Date: Remit Address:93 - Mapping To Add more use insert Pay Items Agreement Amount Amendment Number Amendment Amount Percent Spent ($) Invoiced Previously Current Invoice Remaining Balance $4,704.00 $4,704.00 $4,704.00 $6,172.00 $6,172.00 $6,172.00 $7,997.00 $7,997.00 $7,997.00 $10,910.00 $10,910.00 $10,910.00 $2,228.00 $2,228.00 $2,228.00 $6,000.00 $6,000.00 $6,000.00 Totals This Unit:$38,011.00 $38,011.00 $38,011.00 Overall Percentage Spent: Jose Orozco Agreement Amount to Date 31 - Conceptual Design jbengfort@tnpinc.com 5237 N. Riverside Drive, Suite 100, Fort Worth, TX 76137 817-665-7188 817-336-2813 5237 N. Riverside Drive, Suite 100, Fort Worth, TX 76137 51 - Preliminary Survey 32 - Preliminary Design Teague Nall and Perkins, Inc. Sewer Description 85 - Construction Services LTD Completed Amount 33 - Other Reimbursibles 33 - Final Design Professional Services Invoice Project Manager:FALSE Project:Historic Southside Improvements FALSE 16 - Hydraulic Assesment(s)16 - Hydraulic Assesment(s) City Project #:102932 30 - Design Work Type Desc:Supplier Instructions:31 - Conceptual Design FID:32 - Preliminary Design City Sec Number:Fill in green cells including Percent Complete and Invoiced Previously Quanities 32 - Geotech Report Purchase Order:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the 33 - Final Design Consultant folder within Project's folder.33 - Printing Company Name:33 - Other Reimbursibles 42 - Negotiations/Easements/Legal Fees 51 - Preliminary SurveySupplier's PM:Jonathan Bengfort, P.E.email:52 - Construction Staking Supplier Invoice #:Office Address:80 - Construction Payment Request #:Telephone:81 - Construction Reimbursements Service Date:From Fax:84 - Material/Soil Testing Service Date:To 85 - Construction Services Invoice Date: Remit Address:93 - Mapping To Add more use insert Pay Items Agreement Amount Amendment Number Amendment Amount Percent Spent ($) Invoiced Previously Current Invoice Remaining Balance $28,210.00 $28,210.00 $28,210.00 $50,090.00 $50,090.00 $50,090.00 $58,920.00 $58,920.00 $58,920.00 $65,430.00 $65,430.00 $65,430.00 $7,040.00 $7,040.00 $7,040.00 $17,000.00 $17,000.00 $17,000.00 Totals This Unit:$226,690.00 $226,690.00 $226,690.00 Overall Percentage Complete: Jose Orozco Agreement Amount to Date 31 - Conceptual Design jbengfort@tnpinc.com 5237 N. Riverside Drive, Suite 100, Fort Worth, TX 76137 817-665-7188 817-336-2813 5237 N. Riverside Drive, Suite 100, Fort Worth, TX 76137 51 - Preliminary Survey 32 - Preliminary Design Teague Nall and Perkins, Inc. Roadway Description 85 - Construction Services LTD Completed Amount 33 - Other Reimbursibles 33 - Final Design Professional Services Invoice Project Manager:FALSE Project:Historic Southside Improvements FALSE 16 - Hydraulic Assesment(s)16 - Hydraulic Assesment(s) City Project #:102932 30 - Design Work Type Desc:Supplier Instructions:31 - Conceptual Design FID:32 - Preliminary Design City Sec Number:Fill in green cells including Percent Complete and Invoiced Previously Quanities 32 - Geotech Report Purchase Order:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the 33 - Final Design Consultant folder within Project's folder.33 - Printing Company Name:33 - Other Reimbursibles 42 - Negotiations/Easements/Legal Fees 51 - Preliminary SurveySupplier's PM:Jonathan Bengfort, P.E.email:52 - Construction Staking Supplier Invoice #:Office Address:80 - Construction Payment Request #:Telephone:81 - Construction Reimbursements Service Date:From Fax:84 - Material/Soil Testing Service Date:To 85 - Construction Services Invoice Date: Remit Address:93 - Mapping To Add more use insert Pay Items Agreement Amount Amendment Number Amendment Amount Percent Spent ($) Invoiced Previously Current Invoice Remaining Balance $5,000.00 $5,000.00 $5,000.00 $9,000.00 $9,000.00 $9,000.00 $10,300.00 $10,300.00 $10,300.00 $11,500.00 $11,500.00 $11,500.00 $1,200.00 $1,200.00 $1,200.00 $3,000.00 $3,000.00 $3,000.00 Totals This Unit:$40,000.00 $40,000.00 $40,000.00 Overall Percentage Spent: Jose Orozco Agreement Amount to Date 31 - Conceptual Design jbengfort@tnpinc.com 5237 N. Riverside Drive, Suite 100, Fort Worth, TX 76137 817-665-7188 817-336-2813 5237 N. Riverside Drive, Suite 100, Fort Worth, TX 76137 51 - Preliminary Survey 32 - Preliminary Design Teague Nall and Perkins, Inc. Stormwater Description 85 - Construction Services LTD Completed Amount 33 - Other Reimbursibles 33 - Final Design Principal Project Manager Project Engineer EIT CADD RPLS Survey Tech Survey Crew SUE Crew Administrative Rate $250 $175 $160 $135 $125 $195 $140 $200 $200 $80 MWBE Non-MWBE 1.0 Project Management 40 12 0 0 0 0 0 0 0 $12,100 $0 $0 $0 $0 $0 $4,033.33 1.1 Managing the Team 1.1.2 QA/QC (split with Water)40 $10,000 $0 4000 1.2 Communications and Reporting $0 4000 1.2.4 Prepare Monthly Progress Reports (assumes 12 months and split with Water)6 $1,050 $0 $4,100 1.2.5 Prepare Baseline Schedule and Updates (assumes 12 months)6 $1,050 $0 2.0 Conceptual Design (30-Percent)0 30 40 56 76 0 0 0 0 $28,710 $0 $0 $0 $500 $500 2.4 Conceptual Design Package Limited Design (2.76 lane miles - 6,125 LF)12 20 24 40 $13,540 $500 $500 2.4 Conceptual Design Package Full Design (0.69 lane miles - 1,775 LF)8 8 16 20 $7,340 $0 2.4 Conceptual Design Package Drainage (1,200 LF)8 8 12 16 $6,300 $0 2.5 Estimate 2 4 4 $1,530 $0 3.0 Preliminary Design (60 Percent)4 52 88 84 120 0 0 0 0 $50,520 $0 $0 $0 $1,000 $1,000 3.1 Preliminary Design Drawings for Limited Design 20 32 32 56 $19,940 $1,000 $1,000 3.1 Preliminary Design Drawings for Full Design 16 24 24 40 $14,880 $0 3.1 Preliminary Design Drawings Drainage Improvements 8 12 16 24 $8,480 $0 3.2 Constructability Review 4 8 8 $3,680 $0 3.4 Utility Clearance (Assumes 2 utility verification site visits)8 8 $2,360 $0 3.6 Estimate 2 4 4 $1,530 $0 4.0 Final Design 0 54 84 116 168 0 0 0 0 $59,550 $0 $0 $0 $2,000 $2,000 4.2 Final Draft (90%) Construction Plans and Specifications for Limited Design 10 20 24 36 $12,690 $1,000 $1,000 4.2 Final Draft (90%) Construction Plans and Specifications for Full Design 8 16 16 24 $9,120 $0 4.2 Final Draft (90%) Construction Plans and Specifications for Drainage 8 8 16 24 $7,840 $0 4.3 Final (100%) Plans and Specifications for Limited Design 10 12 24 36 $11,410 $1,000 $1,000 4.3 Final (100%) Plans and Specifications for Full Design 8 16 16 24 $9,120 $0 4.3 Final (100%) Plans and Specifications for Drainage 8 8 16 24 $7,840 $0 4.4 Construction Estimates (90% and 100%)2 4 4 $1,530 $0 6.0 Construction Phase Services 0 20 20 4 8 0 0 0 0 $8,240 $0 $0 $0 $0 $0 6.1 Construction Support 6.1.3 Project Site Visits 8 8 $2,680 $0 6.1.5 Request for Information/Change Order Review (assumes 3)12 12 $4,020 $0 6.2 Record Drawings 4 8 $1,540 $0 8.0 Survey 0 0 0 0 0 16 84 158 0 0 $66,480 $29,000 $0 $0 $0 $29,000 8.1 Design Survey (assumes 11,700 LF)16 84 158 $46,480 $0 8.2 Subsurface Utility Engineering (SUE) - QL B of Gas Lines $0 $29,000 $29,000 8.3 Additional Services $20,000 $0 9.0 Permitting 0 4 20 24 0 0 0 0 0 $7,140 0 $0 0 0 $0 9.1 Texas Department of Transportation (TxDOT) Permit (*)4 16 16 $5,420 $0 9.2 Railroad Permit (*)$0 $0 9.3 Texas Department of Licensing and Regulation (TDLR). (*)4 8 $1,720 $0 44 172 252 284 372 16 84 158 0 0 $232,740 $29,000 $0 $0 $3,500 $32,500 0%$0 *Only if determined to be applicable. TPW 3.45 100%226,690$ 0%226,690$ 1,382 TOTAL 3.45 100%226,690$ 0%226,690$ $232,740 $32,500 M/WBE Subconsultant $29,000 Non-M/WBE Subconsultant $0 Stormwater 1200 100%40,000$ 0%40,000$ 5%Sub Markup $1,450TOTAL1200100%40,000$ 0%40,000$ MBE/SBE Participation 10.9% Total Project Cost $266,690 Labor (hours) Total Labor Cost Reproduction Level of Effort Spreadsheet Transportation & Public Works Department Design Services for HISTORIC SOUTHSIDE IMPROVEMENTS Task No.Task Description TASK/HOUR BREAKDOWN % Complete Expense Subconsultant Roadway Lane Miles %Design Fee Pipe length %Design Fee % Complete Remaining Budget Total Hours City Project No. 102932 Remaining Budget Total Expense Total Expense CostTravel Total Labor % Complete Remaining Budget Totals Project Summary City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 1 of 1 Principal Project Manager Project Engineer EIT CADD RPLS Survey Tech Survey Crew SUE Crew Rate $250 $175 $160 $135 $125 $195 $140 $200 $200 MWBE Non-MWBE 1.0 Project Management 40 27 18 0 0 0 0 0 0 $17,605.00 -$ $0 $0 $0 $17,605 1.1 Managing the Team 1.1.2 QA/QC 40 $10,000 $0 $10,000 1.2 Communications and Reporting 1.2.1 Pre-Design Coordination Meeting (assumes 1 meeting)2 2 $670 $0 $670 1.2.2 Design Submittal Review Meetings (assumes 4 meetings)8 8 $2,680 $0 $2,680 1.2.4 Prepare Monthly Progress Reports (assumes 12 months & split with TPW)6 $1,050 $0 $1,050 1.2.6 Prepare Monthly MBE/SBE Reports (assumes 12 months)3 $525 $0 $525 1.2.7-8 Coordination With Other Agencies (TDLR effort is covered in Permitting)8 8 $2,680 $0 $2,680 1.2.10 Monthly Consultant Coordination Meetings (assumes 12 meetings)$0 $0 $0 2.0 Conceptual Design (30-Percent)0 14 34 38 36 0 0 0 0 $17,520.00 -$ $0 $200 $200 $17,720 2.1 Data Collection (assumes 7,370 LF Total)10 10 $2,950 $0 $2,950 2.4 Conceptual Design Package (assumes 7,370 LF total)12 20 24 36 $13,040 $200 $50 $13,090 2.5 Estimate 2 4 4 $1,530 $0 $1,530 3.0 Preliminary Design (60 Percent)0 16 44 52 64 0 0 0 0 $24,860.00 -$ $0 $200 $200 $25,060 3.1 Preliminary Design Drawings 10 20 24 48 $14,190 $200 $200 $14,390 3.2 $0 $0 $0 3.3 Public Meeting 4 4 4 $1,880 $0 $1,880 3.4 Utility Clearance 8 8 $2,360 $0 $2,360 3.5 Traffic Control Plan 8 12 16 $4,900 $0 $4,900 3.6 Estimate 2 4 4 $1,530 $0 $1,530 4.0 Final Design 0 22 34 48 80 0 0 0 0 $25,770.00 -$ $0 $1,000 $1,000 $26,770 4.1 $0 $0 $0 4.2 Final Draft (90%) Construction Plans and Specifications 10 20 24 48 $14,190 $500 $500 $14,690 4.3 Final (100%) Plans and Specifications 10 10 20 32 $10,050 $500 $500 $10,550 4.4 Construction Estimates (90% and 100%)2 4 4 $1,530 $0 $1,530 5.0 Bid Phase 0 10 18 8 4 0 0 0 0 $6,210.00 -$ $0 $1,000 $1,000 $7,210 5.1 Bid Support $1,000 5.1.1 Upload and Sell Contract Documents and Maintain Plan Holders List 4 $540 $0 $540 5.1.2 Issue Addenda (assumes 3)6 12 $2,970 $0 $2,970 5.1.3 Attend Pre-bid Conference 2 2 $670 $0 $670 5.1.4 $0 $0 $0 5.1.5 Tabulate Bids and Recommend Award 2 4 $990 $0 $990 5.1.6 Issue Conformed Contract Documents 4 4 $1,040 $0 $1,040 6.0 Construction Phase Services 0 20 28 16 8 0 0 0 0 $11,140.00 -$ $0 $0 $0 $11,140 6.1 Construction Support $0 $0 $0 6.1.1 Attend Preconstruction Conference 4 $700 $0 $700 6.1.2 Attend Public Meeting 4 4 $1,340 $0 $1,340 6.1.3 Project Site Visits (assumes 12 mo of constr & 1 visit per mo - split w/ TPW)12 12 $3,540 $0 $3,540 6.1.4 Review Test Results and Conduct Site Visits (up to 10)$0 $0 $0 6.1.5 Request for Information Review (assumes 3)12 12 $4,020 $0 $4,020 6.2 Record Drawings 4 8 $1,540 $0 $1,540 7.0 ROW/Easement Services 0 12 22 12 0 0 0 0 0 $7,240.00 -$ $0 $0 $0 $7,240 7.1 Right-of-Way Research 4 10 10 $3,650 $0 $3,650 7.2 Right-of-Way/Easement Preparation and Submittal (assumes 2)x$1500 8 10 $3,000 $0 $3,000 7.3 Temporary Right of Entry Submittal (assumes 10)2 2 $590 $0 $590 8.0 Survey 0 0 0 0 0 10 49 56 0 $20,010.00 26,000.00$ $0 $0 $26,000 $46,010 8.1 Design Survey 10 49 56 $20,010 26,000.00$ $26,000 $46,010 9.0 Additional City Directed Services $30,000.00 $0 $0 $0 $30,000 40 121 198 174 192 10 49 56 0 $160,355 26,000$ $0 $2,400 $28,400 $188,755 0%$0 Project Summary Footage % Footage Design Fee Total Cost % Complete Remaining Budget Total Hours 840 Water 5895 80%152,044$ Footage %$LF %$Total Labor $160,355 Sewer 1472 20%38,011$ Historic Southside 5895 80%152,044$ 1472 20%38,011$ 190,055$ 0%190,055$ Total Expense $28,400 Total 7367 100%190,055$ TOTAL 5895 80%152,044$ 1472 20%38,011$ 190,055$ 0%190,055$ M/WBE Subconsultant $26,000 Non-M/WBE Subconsultant $0 5%Sub Markup $1,300.00 MBE/SBE Participation 13.7% Total Project Cost $190,055 Totals Subconsultant Total Expense Cost Water Sanitary Sewer Water and Sewer Design Breakdown Labor (hours) Total Labor Cost Reproduction % Complete Remaining BudgetTask Sub Total Level of Effort Spreadsheet Water Department Design Services for HISTORIC SOUTHSIDE IMPROVEMENTS Task No.Task Description City Project No. 102932 TASK/HOUR BREAKDOWN Subconsultant Expense City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 1 of 1 City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 ATTACHMENT “C” CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Historic Southside Improvements City Project No. 102932 None City of Fort Worth, Texas Historic Southside Improvements Attachment D City Project No.: 102932 Revision Date: 07.20.2018 Page 1 of 1 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 W ork 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. ID Task Name Duration Start Finish1ENGINEERING256 daysFri 10/1/21Fri 9/23/222Design Engineering Agreement21 daysFri 10/1/21Fri 10/29/213Award Design Agreement0 daysFri 10/1/21Fri 10/1/214Execute Contract Documents15 daysMon 10/4/21Fri 10/22/215Notice to Proceed5 daysMon 10/25/21Fri 10/29/216Conceptual Design Phase95 daysFri 11/5/21Fri 3/18/227Design Kick-off Meeting0 daysFri 11/5/21Fri 11/5/218Temporary Right of Entries10 daysMon 11/8/21Fri 11/19/219Design/Topographic Surveys30 daysMon 11/22/21Fri 12/31/2110Subsurface Utility Engineering QL-B30 daysMon 11/22/21Fri 12/31/2111Conceptual Design (30%) Plans40 daysMon 1/3/22Fri 2/25/2212Conceptual Design (30%) Submital0 daysFri 2/25/22Fri 2/25/2213City Review15 daysMon 2/28/22Fri 3/18/2214Preliminary Design Phase135 daysMon 3/21/22Fri 9/23/2215Preliminary Design (60%) Plans40 daysMon 3/21/22Fri 5/13/2216Preliminary Design (60%) Submittal0 daysFri 5/13/22Fri 5/13/2217City Review15 daysMon 5/16/22Fri 6/3/2218Neighborhood Meetings0 daysFri 6/3/22Fri 6/3/2219Utility Clearance Phase65 daysMon 6/6/22Fri 9/2/2220Prepare Easement Documents15 daysMon 6/6/22Fri 6/24/2221Easement Aquisition65 daysMon 6/27/22Fri 9/23/2222Permit Acquisition65 daysMon 6/27/22Fri 9/23/2223Final Design Phase80 daysMon 6/6/22Fri 9/23/2224Final Design (90%) Plans35 daysMon 6/6/22Fri 7/22/2225Final Design (90%) Submittal0 daysFri 7/22/22Fri 7/22/2226City Review15 daysMon 7/25/22Fri 8/12/2227Final PS&E (100%)20 daysMon 8/15/22Fri 9/9/2228City Review/Sign Cover Sheet10 daysMon 9/12/22Fri 9/23/2229CONSTRUCTION290 daysThu 9/29/22Thu 11/9/2330Bid Phase70 daysThu 9/29/22Thu 1/5/2331Project Advertisement 1st0 daysThu 9/29/22Thu 9/29/2232Project Advertisement 2nd0 daysThu 10/6/22Thu 10/6/2233Pre-bid Conference0 daysTue 10/11/22Tue 10/11/2234Open Bids0 daysThu 10/27/22Thu 10/27/2235M & C Circulation Process30 daysFri 10/28/22Thu 12/8/2236Council Award of Contract0 daysThu 12/8/22Thu 12/8/2237Contract Execution20 daysFri 12/9/22Thu 1/5/2338Construction Phase220 daysFri 1/6/23Thu 11/9/2339Pre-Construction Meeting10 daysFri 1/6/23Thu 1/19/2340Neighborhood Meetings10 daysFri 1/20/23Thu 2/2/2341Construction200 daysFri 2/3/23Thu 11/9/2310/110/4 10/2210/25 10/2911/5 3/1811/511/8 11/1911/22 12/3111/22 12/311/3 2/252/252/28 3/183/21 9/233/21 5/135/135/16 6/36/36/6 9/26/6 6/246/27 9/236/27 9/236/6 9/236/6 7/227/227/25 8/128/15 9/99/12 9/239/29 11/99/29 1/59/2910/610/1110/2710/28 12/812/812/9 1/51/6 11/91/6 1/191/20 2/22/3 11/9Qtr 3Qtr 4Qtr 1Qtr 2Qtr 3Qtr 4Qtr 1Qtr 2Qtr 3Qtr 4Qtr 1Qtr 2Qtr 3Qtr 4Qtr 120202120222023CITY OF FORT WORTHHistoric Southside ImprovementsPROJECT NO. 102932ATTACHMENT DProject Schedule (Working Days)Teague Nall and Perkins, Inc.D-1 E VICKERY BLVD NEW YORK AVEE MAGNOLIA AVE ARIZONA AVEE MORPHY ST E MYRTLE ST E STELLA STWILLIAMS STE MAGNOLIA AVE CFW PROJECT NO 102932 HISTORIC SOUTHSIDE IMPROVEMENTS ATTACHMENT E: PROJECT LOCATION MAP 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx TBPE Registration No. F-230 www.tnpinc.com teague nall & perkins EXHIBIT F CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 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. i.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. Historic Southside Improvements City Project No.: 102932 CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 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. b.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 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 policies documented thereon. Insured’s insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or Historic Southside Improvements City Project No.: 102932 CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 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 insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j.Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincident with or prior to the date of 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. l.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. Historic Southside Improvements City Project No.: 102932 This Endorsement Changes the Policy. Please Read It Carefully. COMMERCIAL GENERAL LIABILITY ENHANCEMENT This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or expenses described in any of the provisions of this endorsement may be broadened, excluded or limited by another endorsement to this Coverage Part, and the coverage-broadening provisions herein may be broadened, or not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. 1. NON-OWNED WATERCRAFT Under Section I –Coverage A., paragraph 2, Exclusions, item (2) of the Aircraft, Auto or Watercraft exclusion is replaced by the following: (2)A watercraft you do not own that is: (a)Less than 75 feet long; and (b)Not being used to carry persons or property for a charge; The exception in (2) does not apply if the insured has any other insurance for “bodily injury” or “property damage” that would also apply to this extension of coverage or would apply except for the exhaustion of its limits whether the other insurance is primary, excess, contingent or on any other basis. 2.REASONABLE FORCE EXTENSION Under Section I – Coverage A, paragraph 2. Exclusions, the Expected or Intended Injury exclusion is deleted and replaced by the following:’ This insurance does not apply to: Expected or Intended Injury “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. 3. PROPERTY DAMAGE COVERAGE EXTENSIONS A.Under Section I - Coverage A, paragraph 2. Exclusions, the Damage To Property exclusion is replaced by the following: Damage To Property “Property Damage” to (1)Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property; Project Name: Historic Southside Improvements; City Project No. #102932 (2)Premises you sell, give away or abandon, if the “property damage” arises out of any part of those premises and occurred from hazards that were known by you, or should reasonably have been known by you, at the time the property was transferred or abandoned; (3)Property loaned to you; (4)Personal property in the care, custody or control of the insured; (5)That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the “property damage” arises out of those operations; or (6)That particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to “property damage” (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III – Limits of Insurance. Paragraph (2) of this exclusion does not apply if the premises are “your work” and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to “property damage” to equipment you borrow from others at a job site. Paragraphs (3), (4) and (6) of this exclusion do not apply to “property damage” caused by the use of an elevator at premises you own, rent or occupy. This insurance is excess over any valid and collectible insurance available to any insured whether primary, excess , contingent or any other basis. Paragraph (6) of this exclusion does not apply to “property damage” included in the “products-completed operations hazard”. B.The following is added to the Damage to Your Product exclusion: This exclusion does not apply to “property damage” to “your product” while on, being moved onto or off of an elevator; or liability assumed under a sidetrack agreement. This insurance is excess over any other valid and collectible insurance available to any insured whether primary, excess, contingent or on any other basis. C.Under Section I – Coverage A, the last paragraph after the exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance appl ies to this coverage as described in Section III – Limits of Insurance. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke or leakage from fire protective systems or any combination thereof. D.Under Section III – Limits Of Insurance, item 6. is replaced by the following: 6.Subject to paragraph 5. above, the higher of: Project Name: Historic Southside Improvements; City Project No. #102932 a.$500,000; or b.The Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under Coverage A for damages because of “property damage” to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or leakage from fire protective systems, while rented to you or temporarily occupied by you with permission of the owner. E.Under Section IV – Commercial General Liability Conditions, paragraph b. (1) (a) (ii) under the Other Insurance condition is replaced by the following: (ii)That is Fire, Lightning, Explosion, Smoke or Leakage from Fire Protective Systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; F.Under the Definitions Section, paragraph a. of the Insured Contract definition is replaced by the following: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an “insured contract”. 4. BROAD FORM PERSONAL AND ADVERTISING INJURY A.Under Section I –Coverage B - Personal And Advertising Injury Liability, the Contractual Liability exclusion is deleted. B.Under the Definitions Section, the following offense is added to the definition of “personal and advertising injury”: h.Vicarious liability for discrimination based on a person’s age, color, national origin, race, religion or sex (unless insurance thereof is prohibited by law), but only if such discrimination is: (1)Not done intentionally by or at the direction of: (a)The insured; (b)Any “executive officer”, director, stockholder, partner, spouse of a partner, member, spouse of a member, manager or trustee of the insured; and (2)Not related directly or indirectly to an “employee” or to the employment, prospective employment or termination of employment of any person by an insured. 5.MEDICAL PAYMENTS – INCREASED LIMITS A.Item 1. a. (3) (b) of Section I - Coverage C - Medical Payments is replaced by the following: (b)The expenses are incurred and reported to us within three years of the date of the accident; and B.Under Section III – Limits Of Insurance, paragraph 7 is replaced by the following: 7. Subject to Paragraph 5. above, the higher of: a.$15,000; or b.The amount shown in the Declarations for Medical Expense Limit; Project Name: Historic Southside Improvements; City Project No. #102932 is the most we will pay under Coverage C for all medical expenses because of “bodily injury” sustained by any one person. 6.SUPPLEMENTARY PAYMENTS INCREASED LIMITS Under Supplementary Payments – Coverages A And B, paragraphs 1. b. and 1. d. are replaced by the following: b.Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or “suit”, including actual loss of earnings up to $500 a day because of time off from work. 7.BROADENED INSURED STATUS Under Section II – Who Is An Insured, the following changes are made: A.BROAD NAMED INSURED The following is added: Any legally incorporated entity of which you own more than 50% of the voting stock is an insured. However, this insurance does not apply to “bodily injury” or “property damage” that occurred before you acquired or formed the organization or “personal and advertising injury” arising out of an offense committed before you acquired or formed the organization. Coverage for any such organization will cease as of the date during the policy period on which you no longer maintain more than 50% of the voting stock. B.PARTNERSHIPS AND JOINT VENTURES The last paragraph of Section II – Who Is An Insured beginning “No person or organization is an insured….” is replaced by the following: You are an insured with respect to the conduct of any current or past partnership or joint venture, but only with respect to your interest in such current or past partnership or joint venture. No other person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. C.FELLOW EMPLOYEE COVERAGE The following is added to paragraph 2. a. (1): However, paragraphs (a) through (c) above do not apply to “bodily injury” caused by your “employees” or “volunteer workers” to: (1)A co – “employee”; or (2)A co- “volunteer worker”; in the course of the co- “employee’s” employment by you or while performing duties related to the conduct of your business or the “volunteer workers” while performing duties related to the conduct of your business. D.INCIDENTAL MEDICAL MALPRACTICE COVERAGE The following is added to item 2. a.(1)(d): Project Name: Historic Southside Improvements; City Project No. #102932 However, this limitation does not apply to the rendering or failure to render the following professional healthcare services by any licensed physician, dentist, nurse or other medical practitioner that is your “employee” or “volunteer worker” while performing such services on your behalf and while acting within the scope of his or her license: i.Medical, paramedical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or ii.The furnishing or dispensing of drugs or medical or dental supplies; provided that, you are not in the business or occupation of providing any professional healthcare services. This extension of coverage does not apply to punitive or exemplary damages if coverage of such is permitted by statute or case law. The insurance provided by this extension of coverage is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. E.NEWLY ACQUIRED ORGANIZATIONS Paragraph 3. a. is replaced by the following: a.Coverage under this provision is afforded until the end of the policy period; F.MANAGERS OR LESSORS OF PREMISES The following is added as an additional insured: Managers or lessors of premises leased to you are insureds but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to: 1.Any “occurrence” which takes place after you cease to be a tenant in that premis es. 2.Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor added by this provision. G.LESSORS OF LEASED EQUIPMENT The following is added as an additional insured: Any person or organization from whom you lease equipment is an insured, but only: 1.When you and such person or organization have agreed in writing in a contract or agreement that the person or organization be added as an additional insured under the insurance as is afforded under this policy; 2.Only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organ ization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any “occurrence” which takes place after the equipment lease expires. H.USERS OF WATERCRAFT The following is added as an additional insured: Project Name: Historic Southside Improvements; City Project No. #102932 Any person, who with your consent, either uses or is responsible for the use of a watercraft to which this insurance applies is an insured, but only for their liability arising out of the use or operation of that watercraft on your behalf. I.VENDORS The following is added as an additional insured: Any person or organization who is a vendor of “your products”, but only with respect to liability for “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor’s business. With respect to the insurance afforded to these vendors, the following additional exclusions apply: 1.The insurance afforded the vendor does not apply to: a.“Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages that the vendor would have in the absence of the contract or agreement; b.Any express warranty unauthorized by you; c.Any physical or chemical change in the product made intentionally by the vendor; d.Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e.Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f.Demonstration, installation, servicing or repair operations, except such operations performed at the vendor’s premises in connection with the sale of the product; g.Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h.“Bodily injury” or “property damage” arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1)The exceptions contained in Subparagraphs d. or f.; or (2)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2.This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products. J.ADDITIONAL INSUREDS – CONTROLLING INTEREST The following is added as an additional insured: Any person or organization that has a controlling interest of you, but only with respect to their liability arising out of: 1.Their financial control of you; or 2.Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. K.ADDITIONAL INSUREDS – BY CONTRACT, AGREEMENT OR PERMIT The following is added as an additional insured: Project Name: Historic Southside Improvements; City Project No. #102932 Any person or organization that does not otherwise qualify as an insured under any other provision of this insurance is an insured to the extent that you are required by written contract, written agreement or written permit to name such person or organization as an insured, but only with respect to “bodily injury”, “property damage” or “personal and advertising injury” caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: a.In the performance of “your work” for the additional insured(s) at the location(s) designated in the written contract, written agreement or written permit; or b.In connection with your premises owned by or rented to you. However, with respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: (1)Unless the written contract or written agreem ent has been executed or the written permit has been issued prior to the “bodily injury”, “property damage” or “personal and advertising injury”; (2)To “bodily injury”, “property damage” or “personal and advertising injury” occurring after: (a)The termination date of any requirement to add additional insureds in any such contract, agreement or permit; or (b)The end of this policy period; whichever comes first; or (3)To the rendering or failure to render any professional service. L.The insurance afforded such additional insureds under items 7. F through 7. K: a.Applies only to the extent permitted by law; and b.If required by a written contract, written agreement or written permit, coverage provided the additional insured will not be broader than that which you are required by the written contract, written agreement or written permit to provide for such additional insured. M.With respect to the insurance afforded these additional insureds under 7. F through 7. K, the following is added to Section III – Limits of Insurance: If coverage provided to any additional insured is required by a written contract, written agreement or written permit, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract, agreement or permit; or 2.Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less. This provision will not increase the applicable Limits of Insurance shown in the Declarations. 8.PRIMARY AND NON-CONTRIBUTORY – OTHER INSURANCE CONDITION Under Section IV – Commercial General Liability Conditions, the following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy, provided that: Project Name: Historic Southside Improvements; City Project No. #102932 (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract, agreement or permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 9.KNOWLEDGE AND NOTICE OF OCCURRENCE Under Section IV – Commercial General Liability Conditions, paragraphs e. and f. are added to the Duties In The Event of Occurrence, Offense, Claim or Suit condition as follows: e.Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an “occurrence”, offense or claim, solely due to your reasonable and documented belief that the “bodily injury”, “property damage” or “personal and advertising injury” is not covered under this policy. f.You must give us prompt notice of an “occurrence”, offense, claim or loss only when the “occurrence” offense, claim or loss is known to: (1)You, if you are an individual; (2)A partner, if you are a partnership; (3)An “executive officer” or director, if you are a corporation; (4)A member, if you are a limited liability company; (5)A trustee, if you are a trust; or (6)An “employee’ designated by you to give us such a notice. 10. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under Section IV – Commercial General Liability Conditions, the following is added to the Representations condition: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional and you report such failure to us as soon as practicable after its discovery. However, we reserve the right to charge additional premium for any such hazard. 11. WAIVER OF SUBROGATION Under Section IV – Commercial General Liability Conditions, the following is added to the Transfer of Rights of Recovery Against Others To Us condition: If the insured has waived those rights in a written contract, written agreement or written permit executed before loss, our rights are waived also. 12. BODILY INJURY REDEFINED Under the Definitions Section, the definition of “bodily injury” is replaced by the following: “Bodily injury” means bodily injury, disability, mental anguish, mental injury, shock, fright, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. 13. MOBILE EQUIPMENT REDEFINED Under the Definitions Section, paragraph f. of the definition of “mobile equipment” is replaced by the following: f.Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Project Name: Historic Southside Improvements; City Project No. #102932 However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos", unless weighing less than 10,000 pounds gross vehicle weight, designed for use off public roads and not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged: (1)Equipment designed prim arily for: (a)Snow removal; (b)Road maintenance, but not construction or resurfacing; or (c)Street cleaning; (2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3)Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 14. LIBERALIZATION If we adopt a change in our forms or rules that would broaden the coverage of this policy without additional premium, the broader coverage will apply to this policy when the change becomes effective in your state. This endorsement forms a part of Policy Number: Effective Date: Insured: CPMS1050Y0 Teague Nall & Perkins, Inc. Project Name: Historic Southside Improvements; City Project No. #102932 This page has been left blank intentionally. 2Project Name: Historic Southside Improvements; City Project No. #102932 6521->!4;3,/7*-755/9-3+4!1/6/9+4!43+,343<@! -1!%&!$&!$’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’!$)A!!!1LQSP?LAC!8CPTGACQ!5DDGAC#!1LA%#!(’’)8AFD KE As Required By Written Contract 1 1 CPMS1050Y0 Project Name: Historic Southside Improvements; City Project No. #102932 This page has been left blank intentionally. Project Name: Historic Southside Improvements; City Project No. #102932 This endorsement forms a part of Policy Number:Effective Date: Insured: SIL 02 021 0412 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY BLANKET This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION: Any person or organization with whom you have agreed in a written contract that notice of cancellation or nonrenewal of this policy will be given, but only if: 1.You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation or nonrenewal of this policy; and 2.We receive such written request at least 14 days before the beginning of the applicable number of days notice shown in this Schedule. Number of Days Notice of Cancellation: (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal: (If left blank, no notice will be sent.) A.If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the persons or organizations referenced in the Schedule above and listed in the written request sent to us by you, at the addresses provided in the written request sent to us by you. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B.If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the persons or organizations referenced in the Schedule above and listed in the written request sent to us by you, at the addresses provided in the written request sent to us by you. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. 30 CPMS1050Y0 Teague Nall & Perkins, Inc. Project Name: Historic Southside Improvements; City Project No. #102932 This page has been left blank intentionally. Project Name: Historic Southside Improvements; City Project No. #102932 SCA 01 002 1013 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 4 This Endorsement Changes the Policy. Please Read It Carefully. COMMERCIAL AUTOMOBILE ENHANCEMENT This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM 1. BROADENED INSURED COVERAGE Under Section II COVERED AUTOS LIABILITY COVERAGE, the following changes are made: A. BROAD NAMED INSURED The following is added to A. Coverage, paragraph 1. Who Is An Insured: d.Any legally incorporated entity of which you own more than 50% of the voting stock on the effective date of this coverage part is an insured. B.ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT The following is added to A. Coverage, paragraph 1. Who Is An Insured: e. coverage or by endorsement to this coverage, that you are required by written The insurance provided under item B. above applies on a primary basis if that is required by the written contract, written agreement or written permit. Coverage under this provision is limited to the minimum limits of liability stipulated in that written contract, written agreement or written permit or the amount of loss not to exceed the Limit of Liability shown in the Declarations, whichever is less. C.EMPLOYEES AS INSUREDS The following is added to A. Coverage, paragraph 1. Who Is An Insured : f. hire or borrow in your business or your personal affairs. D. FELLOW EMPLOYEE COVERAGE B. Exclusions, paragraph 5. Fellow Employee is deleted and replaced with the following: : a.A related to the conduct of your business; or Project Name: Historic Southside Improvements; City Project No. #102932 SCA 01 002 1013 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 4 b. consequence of Paragraph a. above. you own or hire. 2. ADDITIONAL SUPPLEMENTARY PAYMENTS Section II COVERED AUTOS LIABILITY COVERAGE, A. Coverage, paragraph 2.a. Coverage Extensions, Supplementary Payments, items (2) and (4) are deleted and replaced by the following: (2)Up to $5000 for the cost of bail bonds (including bonds for related traffic law violations) required because of these bonds. (4) loss of earnings up to $500 a day because of time off from work. 3. KNOWLEDGE AND NOTICE OF OCCURRENCE Section IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss, item a. is deleted and replaced by the following and item d. is added: a. (1)You, if you are an individual; (2)A partner, if you are a partnership or joint venture; (3) (4)A member, if you are a limited liability company; (5)A trustee if you are a trust; or (6) This notice should include: (1) (2) (3)To the extent possible, the names and addresses of any injured persons and witnesses. d. Your rights afforded under this policy will not be prejudiced if you fail to give us notice this policy. 4. WAIVER OF SUBROGATION Project Name: Historic Southside Improvements; City Project No. #102932 SCA 01 002 1013 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 3 of 4 The following is added to Section IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 5. Transfer of Rights of Recovery Against Other To Us: If the insured has waived those rights prior to the , our rights are waived also. 5. UNINTENTIONAL ERRORS AND OMISSIONS The following is added to Section IV - BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional. However, we reserve the right to charge additional premium for any such hazard. 6. BROADENED PHYSICAL DAMAGE COVERAGE Under Section III PHYSICAL DAMAGE COVERAGE, the following changes are made: A. WAIVER OF DEDUCTIBLE GLASS REPAIR The following is added to D. Deductible: rather than replaced. B. ADDITIONALTRANSPORTATION EXPENSES A. Coverage, 4. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced by the following: We will pay up to $50 per day to a maximum of $1500 for temporary transportation passenger type. We will pay only for those her Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft C. ADDITIONAL LOSS OF USE EXPENSES A. Coverage, 4. Coverage Extensions, paragraph b. Loss Of Use Expenses is deleted and replaced by the following: becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any co (3) Collision only if the Declarations Indicate that Collision Coverage is provided for Project Name: Historic Southside Improvements; City Project No. #102932 This endorsement forms a part of Policy Number: Effective Date: Insured: SCA 01 002 1013 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 4 of 4 However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $1500. D. COST TO RECOVER STOLEN AUTO The following is added to A. Coverage, 4. Coverage Extensions. We will pay reasonable and necessary expenses incurred by you to return a stolen, covered auto from the place where it is recovered to its usual garaging place. The most we will pay for such expenses is $1000. This Coverage Extension does not apply if your business is selling, servicing or repairing auto . E. PERSONAL EFFECTS COVERAGE The following is added to A. Coverage, 4. Coverage Extensions. owned in or on . The most we will pay for such personal effects is $500 per . No deductibles apply to this Personal Effects Coverage. F. AIRBAGS ACCIDENTAL DISCHARGE COVERAGE The following is added to B. Exclusions, paragraph 3. This exclusion does not apply to the accidental discharge of an airbag caused by or also incur other physical damage. $1000. This coverage is excess over any other collectible insurance or warranty. No deductibles apply to this Airbags Accidental Discharge Coverage. G. VEHICLE WRAP COVERAGE The following is added to A. Coverage, 4. Coverage Extensions. value of the V For the purpose of this coverage, vehicle 7. ADDITIONAL DEFINITIONS The following is added to Section V DEFINITIONS: charter, constitution, by-laws or any similar governing document. ACVS1337L0 Teague Nall & Perkins, Inc. Project Name: Historic Southside Improvements; City Project No. #102932 POLICY NUMBER: COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Any pers on or organization for who or which you are required by written contract or agreement to obtain this waiver from us. You must agree to that requirement prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Teague Nall & Perkins, Inc. ACVS1337L0 Project Name: Historic Southside Improvements; City Project No. #102932 This page has been left blank intentionally. Project Name: Historic Southside Improvements; City Project No. #102932 This endorsement forms a part of Policy Number:Effective Date: Insured: SIL 02 021 0412 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY BLANKET This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION: Any person or organization with whom you have agreed in a written contract that notice of cancellation or nonrenewal of this policy will be given, but only if: 1.You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation or nonrenewal of this policy; and 2.We receive such written request at least 14 days before the beginning of the applicable number of days notice shown in this Schedule. Number of Days Notice of Cancellation: (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal: (If left blank, no notice will be sent.) A.If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the persons or organizations referenced in the Schedule above and listed in the written request sent to us by you, at the addresses provided in the written request sent to us by you. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B.If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the persons or organizations referenced in the Schedule above and listed in the written request sent to us by you, at the addresses provided in the written request sent to us by you. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. 30 ACVS1337L0 Teague Nall & Perkins, Inc. Project Name: Historic Southside Improvements; City Project No. #102932 This page has been left blank intentionally. Project Name: Historic Southside Improvements; City Project No. #102932 YQTMGTU(!EQORGPUCVKQP!CPF GORNQ[GTU!NKCDKNKV[!RQNKE[ YE!53!14!15!D Vjku!gpfqtugogpv!ejcpigu!vjg!rqnke{!vq!yjkej!kv!ku!cvvcejgf!ghhgevkxg!qp!vjg!kpegrvkqp!fcvg!qh!vjg!rqnke{!wpnguu!c!fkhhgtgpv!fcvg!ku!kpfkecvgf!dgnqy/ )Vjg!hqnnqykpi!#cvvcejkpi!encwug#!pggf!dg!eqorngvgf!qpn{!yjgp!vjku!gpfqtugogpv!ku!kuuwgf!uwdugswgpv!vq!rtgrctcvkqp!qh!vjg!rqnke{/* Vjku!gpfqtugogpv-!ghhgevkxg!qp!!cv!23<12!c/o/!uvcpfctf!vkog-!hqtou!c!rctv!qh< Rqnke{!pq/!!qh!!ghhgevkxg!qp! Kuuwgf!vq< Cwvjqtk|gf!tgrtgugpvcvkxg 2!qh!2 RQ!Dqz!23169-!Cwuvkp-!VZ!89822.3169 vgzcuowvwcn/eqo!~!)911*!96;.6;;6!~!Hcz!)911*!46;.1761 YE!53!14!15!D VGZCU!YCKXGT!QH!QWT!TKIJV!VQ!TGEQXGT!HTQO!QVJGTU!GPFQTUGOGPV Vjku!gpfqtugogpv!crrnkgu!qpn{!vq!vjg!kpuwtcpeg!rtqxkfgf!d{!vjg!rqnke{!dgecwug!Vgzcu!ku!ujqyp!kp!kvgo!4/C/!qh!vjg Kphqtocvkqp!Rcig/ Yg!jcxg!vjg!tkijv!vq!tgeqxgt!qwt!rc{ogpvu!htqo!cp{qpg!nkcdng!hqt!cp!kplwt{!eqxgtgf!d{!vjku!rqnke{/!Yg!yknn!pqv!gphqteg!qwt tkijv!cickpuv!vjg!rgtuqp!qt!qticpk|cvkqp!pcogf!kp!vjg!Uejgfwng-!dwv!vjku!yckxgt!crrnkgu!qpn{!ykvj!tgurgev!vq!dqfkn{!kplwt{ ctkukpi!qwv!qh!vjg!qrgtcvkqpu!fguetkdgf!kp!vjg!uejgfwng!yjgtg!{qw!ctg!tgswktgf!d{!c!ytkvvgp!eqpvtcev!vq!qdvckp!vjku!yckxgt htqo!wu/ Vjku!gpfqtugogpv!ujcnn!pqv!qrgtcvg!fktgevn{!qt!kpfktgevn{!vq!dgpghkv!cp{qpg!pqv!pcogf!kp!vjg!Uejgfwng/ Vjg!rtgokwo!hqt!vjku!gpfqtugogpv!ku!ujqyp!kp!vjg!Uejgfwng/ Uejgfwng 2/ )!* Urgekhke!Yckxgt Pcog!qh!rgtuqp!qt!qticpk|cvkqp )Z*Dncpmgv!Yckxgt Cp{!rgtuqp!qt!qticpk|cvkqp!hqt!yjqo!vjg!Pcogf!Kpuwtgf!jcu!citggf!d{!ytkvvgp!eqpvtcev!vq!hwtpkuj!vjku!yckxgt/ 3/ Qrgtcvkqpu< CNN!VGZCU!QRGTCVKQPU 4/ Rtgokwo< Vjg!rtgokwo!ejctig!hqt!vjku!gpfqtugogpv!ujcnn!dg! !rgtegpv!qh!vjg!rtgokwo!fgxgnqrgf!qp!rc{tqnn!kp!eqppgevkqp ykvj!yqtm!rgthqtogf!hqt!vjg!cdqxg!rgtuqp)u*!qt!qticpk|cvkqp)u*!ctkukpi!qwv!qh!vjg!qrgtcvkqpu!fguetkdgf/ 5/ Cfxcpeg!Rtgokwo<! 0001211663 Teague Nall & Perkins, Inc. Project Name: Historic Southside Improvements; City Project No. #102932 This page has been left blank intentionally. Project Name: Historic Southside Improvements; City Project No. #102932 6�� ��'� �' n� F : � 1 �: !, ^�_ . � A, BusinessEquitySub-Contractor/Consultantlnformation; A certified Business Equitv firm is owned bv a MinoritV or Woman Business Enterprise (M/WBE) PRo�ECT # 102932 g�D # _ (If Appiicable Please Check One) Amendment ❑ Change Order ❑ [Pursuant to the City of Fort Worth's Business Equity Ordinance, certified Business Equity firms participating under the Ordinance must be certifietl prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), DallaslFort Worth Minority Supplier Development Council, Inc. (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of Transportation (TXDOT). Note; For Federally-Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the NCTRCA antl/or TXDOT only.J 1. Name of Project: Historic Southside Improvements 2, Name of Offeror/Prime Contractor: Teague Nal) and Perkins, Inc. 3, Name of Business Equity Firm; Gorrondona & Associates, Inc. 4, The undersigned is prepared to perform the foliowing described work andlor supply the material listed in connection with the above project (where applicable specify "supply" or "install" or both): Topographic/Design Survey in the amount of $ 26,000.00 W. Truett Wilson (Ownerl Authorized Agent) Type or Print Name 1 _ / S � re of Owner IAuthorized of Certified firm) wilson@ga-inc.net (Email Address) B. AFFIDAVIT OF OfferorlPrime i HEREBY DECLARE AND AFFIRM that i, Jonathan Bengfort, P.E. (OwnerlAuthorized Agent) Teague Nall and Perkins, Inc. Gorrondona & Associates, Inc. (Name of Certified Firm) 08/06/2021 (Date) 817-496-1424 (Phone Number) am the duly authorized representative of and that I have personaliy reviewed the material and facts (Name of OfferorlPrime) set forth in this Letter of Intent. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth's Business Equity Ordinance, any personlentity that makes a false or fraudulent statement in connection with participation of a certified firm in any City of Fort Worth contract may be referred for debarment procedures untler the City of Fort Worth's Business Equity Ordinance, I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct, and that I am authorized on behalf of the Offeror/Prime to make the affidavit. Jonathan Bengfort, P.E. (Ownerl Authorized Agent) Type or Print Name • , ;� �,, � Digitally signed by .ic�taa#h�n �pnnfnrt (Signature of OwnerlAuthorized Agent) jbengfort@tnpinc.com (Email Address) Teague Nall and Perkins, inc. (Name of OfferorlPrime) 08.05.2021 (Date) 817.665,7188 (Phone Number) Department ol' Diversity and Inclusion Effective 01/0 U2021 Business Equit}� Division Email: DVIN_F3EOffice g.forh�•orthtexas.gov £ � � i 1 � � �_._.�_� �: � PRo.IECT # 102932 B�D � (If Applicable Please Check One) Amentlment ❑ Change Order ❑ � : - �� � • . � � , _. t ,. � A certified Business Equity firm is owned by a Minoriiy or Woman Business Enterprise (M/WBE) (Pursuant to the City of Fort Worth's Business Equity Ordinance, certified Business Equity firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), DallaslFort Worth Minority Supplier Development Council, Inc. (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of Transportation (TXDOT). Note: For Federally-Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the NCTRCA andlor TXDOT only.] 1. Name of Project: Historic Southside Improvements 2 3 Name of OfferorlPrime Contractor: Teague Nall and Perkins, InC. Name of Business Equity Firm; Lamb-Star Engineering, LLC 4. The undersigned is preparetl to perform the following described work andlor supply the material listed in connection with the above project (where applicable specify "supply" or "install" or both): Subsurface Utility Engineering (SUE) in the amount of $ 29,000.00 Andrew Sylvest (Ownerl Authorized Agent) Type or Print Name Andrew S� (Signature of Owner IAuthorized Agent of Certified firm) andrew.sylvest@ lamb-star.com (Email Address) O=LamtrStar En��neEnng, Lamb-Star Engineering, LLC (Name of Certified Firm) 8/9/2021 (Date) 720-556-5245 (Phone Number) 6. AFFIDAVIT OF Offeror/Prime I HEREBY DECLARE AND AFFIRM that I, Jonathan Bengfort, P. E. am the tluly authorizetl representative of (OwnerlAuthorized Agent) Teague Nal) and Perkins, Inc. and that I have personally reviewed the material and facts (Name of OfferorlPrime) set forth in this Letter of Intent. To the best of my knowiedge, information and belief, the facts in this form are true, and no material facts have been omitted, Pursuant to the City of Fort Worth's Business Equity Ordinance, any personlentity that makes a false or fraudulent statement in connection with participation of a certified firm in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth's Business Equity Ordinance, I do solemnly swear or affirm that the signatures contained herein and the information provided by the OfferorlPrime are true and correct, and that I am authorizetl on behalf of the Offeror/Prime to make the affitlavit, Jonathan Bengfort, P.E. (Ownerl Authorized Agent) Type or Print Name � z,�; , Digitally signed by — -- — �..�...�...� �..�_r..�. re Agent) jbengfort@tnpinc.com (Email Address) Teague Nall and Perkins, Inc. (Name of OfferorlPrime) 08.05.2021 (Date) 817.665.7188 (Phone Number) Deparfi�ent of Diversity ai�d L�clnsiou Effective O I/O 1/2021 Business Equity Division Email: 1.;�G'i1ti i3I>O �oc�ci),f�r,�b��crt3�tex b5 �;<>v n�..vi� �m ��zi � 10/1/21, 4:06 PM M&C Review apps.cfwnet.org/council_packet/mc_review.asp?ID=29304&councildate=9/28/2021 1/3 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA DATE:9/28/2021 REFERENCE NO.: **M&C 21- 0756 LOG NAME:20HISTORIC SOUTHSIDE- TPN CODE:C TYPE:CONSENT PUBLIC HEARING:NO SUBJECT: (CD 8) Authorize Execution of an Engineering Agreement with Teague Nall and Perkins, Inc. in the Amount of $456,745.00 for Combined Water, Sanitary Sewer, Storm Drain and Street Paving Improvements for Historic Southside Improvement, Adopt Attached Appropriation Ordinances and Amend the Fiscal Years 2021-2025 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an engineering agreement with Teague Nall and Perkins, Inc. in the amount of $456,745.00 for combined water, sanitary sewer, storm drain and street paving improvements for Historic Southside Improvement project (City Project No. 102932); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $296,224.00 from available funds, for the purpose of funding the Historic Southside Improvement project (City Project No. 102932); 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the General Capital Projects Fund by decreasing receipts and appropriations in the Contract Street Maintenance programmable project (City Project No. P00020) in the amount of $700,000.00 and increasing receipts and appropriations in the Historic Southside Improvement project (City Project No. 102932) by the same amount; 4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Capital Projects Fund by increasing estimated receipts and appropriations in the Historic Southside Improvement project (City Project No. 102932) in the amount of $50,000.00 and decreasing estimated receipts and appropriations in the Stormdrain Pipe Rehab programmable project (City Project No. P00114) by the same amount; and 5. Amend the Fiscal Years 2021-2025 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize the preparation of plans and specifications for Historic Southside Improvement project. This project includes water, sanitary sewer, realigning storm drain and street paving improvements on approximately 3.45 lane miles, on the following streets: Street From To Scope Arizona Avenue E. Magnolia Avenue E. Allen Avenue Water/Sewer/Paving E. Magnolia Avenue Arizona Avenue South Freeway SR SB Water/Paving E. Magnolia Avenue South Freeway SR NB Evans Avenue Water/Paving E. Magnolia Avenue Evans Avenue Alley 160’ East Storm Drain Historic Southside Improvements City Project No. 102932 10/1/21, 4:06 PM M&C Review apps.cfwnet.org/council_packet/mc_review.asp?ID=29304&councildate=9/28/2021 2/3 E. Morphy Street South Freeway SR NB Evans Avenue Water/Paving E. Myrtle Street South Freeway SR NB New York Avenue Water/Paving New York Avenue E Vickery Boulevard E. Terrell Avenue Water/Sewer/ Paving E. Vickery Boulevard Kentucky Avenue New York Avenue Water/Sewer E. Stella Street Kentucky Avenue E. Dead End Paving Alley north of Stella Street Kentucky Avenue Alley west of New York Avenue Sewer Williams Street E. Daggett Avenue Stella Street Water/Paving The Transportation & Public Works Department's share on this contract is $266,690.00 (Paving: $226,690.00; Storm Drain: $40,000.00). The Water Department's share on this contract is $190,055.00 and will be available in the Water & Sewer Capital Projects Fund for the project (City Project No. 102932). In addition to the contract amount, $248,169.00 (Water: $86,794.00; Sewer: $19,375.00; Storm Drain: $10,000.00; Paving: $132,000.00) is required for project management, utility coordination and material testing. This project will have no impact on the Transportation and Public Works’ annual operating budget nor on the Water Department’s operating budget when completed. Design is expected to start in October 2021 and be completed by October 2022. The sanitary sewer component of this project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. Appropriations for the water, sanitary sewer, storm drain and paving improvements for Historic Southside Improvement project by Fund will consist of the following: Fund Existing Appropriations Additional Appropriations Project Total* TIRZ – General Capital 30286 $2,250,000.00 $0.00 $2,250,000.00 General Capital Projects - Fund 30100 $0.00 $700,000.00 $700,000.00 Storm Water Capital Projects - Fund 52002 $0.00 $50,000.00 $50,000.00 Water & Sewer Capital Projects - Fund 56002 $0.00 $296,224.00 $296,224.00 Project Total $2,250,000.00 $1,046,224.00 $3,296,224.00 *Numbers rounded for presentation purposes. Business Equity Office: Teague, Nall and Perkins, Inc. is in compliance with the City's Business Equity Ordinance by committing to 12 percent Business Equity participation on this project. The City's Business Equity goal on this project is 12 percent.Historic Southside Improvements City Project No. 102932 10/1/21, 4:06 PM M&C Review apps.cfwnet.org/council_packet/mc_review.asp?ID=29304&councildate=9/28/2021 3/3 Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount This action will amend the Fiscal Years 2021-2025 Capital improvement Program as approved in connection with Ordinance 24446-09-2020. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified-All Funds project within the W&S Capital Projects Fund, in the Contract Street Maintenance programmable project within the General Capital Projects Fund and in the Drainage Improvement Project programmable project within the Stormwater Capital Projects Fund and upon the approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the W&S Capital Projects Fund, Stormwater Capital Projects Fund and the General Capital Projects Fund for the Historic Southside Improvement project to support the approval of the above recommendations and execution of the contract. Prior to any expenditure being incurred, the Transportation & Public Works and Water Departments have the responsibility to validate the availability of funds. TO FROM Submitted for City Manager's Office by:Dana Burghdoff (8018) Originating Department Head:William Johnson (7801) Additional Information Contact:Monty Hall (8662) ATTACHMENTS 20 Historic Southside-TNP-M&C Map.pdf 20HISTORIC SOUTHSIDE-TPN_30100_AO21(r3).docx 20HISTORIC SOUTHSIDE-TPN_52002_AO21(r4).docx 20HISTORIC SOUTHSIDE-TPN_56002_AO21(r2).docx Historic Southside Improvements City Project No. 102932