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HomeMy WebLinkAboutContract 57171 CSC No.57171 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 Kimley-Horn and Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Horne Street Streetscape Project — Project No. 102764. 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 $1,314,503.00 asset 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. City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 CITY SECRETARY Page 1 of 15 FT. WORTH, TX 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 Horne Street Streetscape Project Standard Agreement for Engineering Related Design Services CPN 102764 Revised Date:November 23,2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth,Texas Horne Street Streetscape Project Standard Agreement for Engineering Related Design Services CPN 102764 Revised Date:November 23,2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth,Texas Horne Street Streetscape Project Standard Agreement for Engineering Related Design Services CPN 102764 Revised Date:November 23,2021 Page 4 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 No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in City of Fort Worth,Texas Horne Street Streetscape Project Standard Agreement for Engineering Related Design Services CPN 102764 Revised Date:November 23,2021 Page 5 of 15 effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth,Texas Horne Street Streetscape Project Standard Agreement for Engineering Related Design Services CPN 102764 Revised Date:November 23,2021 Page 6 of 15 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. City of Fort Worth,Texas Horne Street Streetscape Project Standard Agreement for Engineering Related Design Services CPN 102764 Revised Date:November 23,2021 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth,Texas Horne Street Streetscape Project Standard Agreement for Engineering Related Design Services CPN 102764 Revised Date:November 23,2021 Page 8 of 15 I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth,Texas Horne Street Streetscape Project Standard Agreement for Engineering Related Design Services CPN 102764 Revised Date:November 23,2021 Page 9 of 15 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth,Texas Horne Street Streetscape Project Standard Agreement for Engineering Related Design Services CPN 102764 Revised Date:November 23,2021 Page 10 of 15 property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. 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 Horne Street Streetscape Project Standard Agreement for Engineering Related Design Services CPN 102764 Revised Date:November 23,2021 Page 11 of 15 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies City of Fort Worth,Texas Horne Street Streetscape Project Standard Agreement for Engineering Related Design Services CPN 102764 Revised Date:November 23,2021 Page 12 of 15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021 , 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the City of Fort Worth,Texas Horne Street Streetscape Project Standard Agreement for Engineering Related Design Services CPN 102764 Revised Date:November 23,2021 Page 13 of 15 same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Kimley-Horn and Associates, Inc. bay&,Wyaoff Dana Burg Dana BurghdoffJua 4*,A?j Assistant City Manager Scott R. Arnold Vice President Date. Feb 23,2022 Date. February 17, 2022 ATTEST: pa FORT OF00000000e !y J ette S.Goodall(Feb 24,2022 10W CST) o 0.0 0 Jannette Goodall ~oox City Secretary v o o �a � 0 APPROVAL RECOMMENDED: ��a 0T 0°�005 EXA a By: 'Feb 23,202211: CST) 7 William M. Johnson Director, Department of Transportation and Public Works APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2021-812997 6'' A B\/: 0(Feb 23,2022 14:39 CST) 7J Douglas W Black M&C No.. 22-0024 Sr. Assistant City Attorney M&C Date: 1/11/2022 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:November 23,2021 Page 14 of 15 CITY SECRETARY FT. WORTH, TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. s /eze Shweta Rao, P.E., PMP Professional Engineer City of Fort worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 CITY SECRETARY Page 15 of 15 FT. WORTH, TX FORT WORTH ATTACHMENT "A" Scope for Engineerinq Design Related Services for Horne Street Streetscape Project The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of the Horne Street Streetscape Project is project is to design and construct transportation infrastructure improvements within the public right-of-way that are designed, operated, and maintained to enable safe, accessible, comfortable, and convenient access for all people and travel modes. This includes people traveling as pedestrians, by bicycle, by transit, and by motor vehicle (including commercial vehicles and emergency responders). The project will be funded with Federal funds and will follow TxDOT's LGPP process. The project limits are along Horne Street, from Camp Bowie Boulevard to W. Vickery Boulevard. The scope of this project includes extension of current roadway section on Horne St from 2 lanes to 3 lanes with a TWLT lanes from Camp Bowie Blvd to W. Vickery Blvd. The scope also includes traffic signal improvements at intersections of Camp Bowie Blvd and W. Vickery Blvd. Sidewalks, ADA ramps and crosswalks in school zone, bike lanes and parallel parking are also a part of the scope. WORK TO BE PERFORMED Task 1. Design Management Task 2. Public Involvement Task 3. Conceptual Design Task 4. Preliminary Design (30 Percent and 60 Percent) Task 5. Final Design (90, 95, and 100 Percent) Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Quality Control/ Quality Assurance City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 28 FORT WORTH.; TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team: • Lead, manage, and direct design team activities. • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 10 for further details. • Communicate internally among team members. • Task and allocate team resources. 1.2. Communications and Reporting: • Attend a pre-design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Prepare a Design Summary Report (DSR). • Attend a Design Concept Conference (DCC) with the CITY and TxDOT. • Attend two (2) field meetings with CITY representatives, including Traffic Management, prior to the 30% and 90% submittals. • Conduct and document monthly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of the 30%, 60%, and 90% design phases. • Conduct and document biweekly design team meetings. • Conduct QC/QA reviews and document those activities. Refer to Task 10 for further details • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly Project Status Reports in the format provided by the Transportation and Public Works Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. City of Fort Worth,Texas Page 2 of 28 Attachment A PMO Release Date:02.06.2015 Page 2 of 28 FORT WORTH.; • Prepare and submit a preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan. CITY to modify and finalize. • Complete Monthly TxDOT DBE paperwork. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. ASSUMPTIONS • One (1) pre-design project kickoff/chartering meeting. • One (1) DCC meeting. • Two (2) field review meetings. • Thirty (30) monthly project update meetings during design phase. • Three (3) plan review meetings. • Sixty (60) biweekly design team meetings. • All submittals to the CITY will be Quality checked prior to submission. • Project design phase is anticipated to take thirty (30) months. • Project construction phase is anticipated to take twelve (12) months. • Thirty (30) monthly updates of Project Status Reports, DBE forms, TPBE, Risk Register, and project Schedule. DELIVERABLES A. Meeting summaries with action items. B. QC/QA documentation. C. Baseline design schedule. D. DSR. E. Preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan. F. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes. G. Monthly Project Status Reports. H. Monthly TPBE spreadsheet updates. City of Fort Worth,Texas Page 3 of 28 Attachment A PMO Release Date:02.06.2015 Page 3 of 28 FORT WORTH.; I. Monthly Project Risk Register updates. J. Plan Submittal Checklists (See Task 10). K. Monthly invoices. L. Monthly DBE reporting. City of Fort Worth,Texas Page 4 of 28 Attachment A PMO Release Date:02.06.2015 Page 4 of 28 FORT WORTH.; TASK 2. PUBLC INVOLVEMENT. The public outreach will consist of the following activities: 2.1. Online Engagement • Prepare an online hub for engagement that will be maintained and operated by the Engineer during the duration of the project. The ENGINEER will utilize Social Pinpoint for the online hub. The online hub will host a variety of activities including an interactive map and online survey. The online hub will maintain a schedule and be a location for where information can be downloaded. It is anticipated that the Social Pinpoint will be updated in alignment with the major public outreach opportunities identified in Task 2.3. CITY will manage the social media. The ENGINEER will provide material/posts for up to two (2) social media posts per community event. 2.2. Stakeholder Interviews • ENGINEER will conduct small group interviews for the project. These are intended to be frequent at the beginning of the project and include various interest groups located within the project's vicinity. Up to six (6) stakeholder interview sessions will take place 2.3. Community Meetings • The ENGINEER will host four (4) community meetings during the project. The community meetings will likely be held in an open house format during key points of the project (Conceptual Design, 30%, 60%, and 90%). The ENGINEER will prepare the materials for the events. The CITY shall select a suitable location, prepare, and mail the invitation letters to the affected customers (except for the 90% community meeting). If food or entertainment is desired, CITY will secure those items for the community meetings. 2.4. Outreach • The ENGINEER will work with the community to set up feedback boards and update the feedback boards at three points of the project (Conceptual Design, 30%, 60%, and 90%). The feedback board will include flyers or business cards for the project. These feedback boards can be used at other non-project events. • The ENGINEER will attend up to two (2) community events that are non-project related such as a farmer's market or neighborhood activity. • The ENGINEER will mail cards at two (2) points of the project for stakeholders within a predefined area. These two events are intended to advertise the online hub and the 90% public meeting. ASSUMPTIONS • Social Pinpoint with be utilized as the online platform. Up to ninety-four (94) hours are included for management of the online platform. • Six (6) stakeholder interviews. • Four (4) community meetings. City of Fort Worth,Texas Page 5 of 28 Attachment A PMO Release Date:02.06.2015 Page 5 of 28 FORT WORTH. • Two (2) community events. DELIVERABLES A. Social PinPoint website and online survey. B. Summary of stakeholder interview. C. Materials and notes from community meetings. D. Outreach material for feedback boards and flyers. City of Fort Worth,Texas Page 6 of 28 Attachment A PMO Release Date:02.06.2015 Page 6 of 28 FORT WORTH.; TASK 3. CONCEPTUAL DESIGN. Conceptual Design shall be submitted to CITY per the approved Project Schedule. 3.1. Conceptual Design The ENGINEER will prepare Conceptual Design roll-plots that will consist of: • Develop up to three (3) cross-sections per zone. Up to three (3) zones will be used. Nine (9) total cross-sections will be developed. • Prepare base mapping and develop up to three (3) Conceptual Design roll-plots (1 inch = 100 feet or 1 inch = 200 feet) for the project. • Conceptual streetscape plan for the proposed landscape enhancements, pedestrian paving, and site furnishings located within the project limits. The conceptual plan will consist of a plan view color rendered plan and cross sections at up to 3 key locations. The conceptual plan will be prepared in an effort to meet the design guidelines and proposed budget of the CITY. The ENGINEER will meet with the CITY up to two (2) times to discuss streetscape elements. 3.2. Traffic Counts The following traffic count data will be collected: • Peak hour (4 hours total) turning movement counts (vehicles, pedestrians, and bicycles): o Horne Street at W. Vickery Boulevard o Horne Street at Libbey Avenue o Horne Street at Goodman Avenue • 3-day tube counts: o Between Curzon Avenue and Donnelly Avenue o Between Libbey Avenue and Goodman Avenue o Between Como Drive and Chariot Drive 3.3. Intersection Control Evaluation (ICE) The ENGINEER will prepare an ICE report for the intersections of Horne Street and Libbey Avenue and Horne Street and Goodman Avenue. The following tasks will be completed for the ICE report. • The ENGINEER will analyze up to three intersection control methods as part of the ICE report for the two (2) subject intersections. Conceptual level sketches will be prepared by the ENGINEER to represent the anticipated lane configurations and geometries for each intersection control method to determine if each method is reasonable and feasible. Stop-controlled and signalized intersections will be analyzed using the latest version of SynchroTM, employing Highway Capacity Manual(HCM) methodologies and HCM 61h Edition LOS thresholds. The proposed cycle length will be determined by the ENGINEER for each peak period analyzed (AM and PM peaks). A proposed mini roundabout will be analyzed in Junctions 9/Arcady software. City of Fort Worth,Texas Page 7 of 28 Attachment A PMO Release Date:02.06.2015 Page 7 of 28 FORT WORTH.; • The ICE report will incorporate a collision prediction analysis to analyze the anticipated number of property-damage-only (PDO), injury, and fatality collisions by sourcing Federal Highway Administration (FHWA) and American Association of State Highway and Transportation Officials (AASHTO) guidelines and research. • An opinion of probable construction cost (OPCC) will be prepared for each intersection control option assuming full-depth reconstruction of the existing intersection and minimizing the amount of reconstruction based on the conceptual sketches. • A predicted 20-year maintenance cost will be assigned to each intersection control alternative in comparing life cycle costs. • The ICE report will consist of a PDF and Word document starting with an Executive Summary, followed by a Table of Contents, body of the report, and Appendices. Technical information, supporting research, and calculations will be housed in the Appendices of the report. ASSUMPTIONS • Submit three (3) sets of roll plots to the TxDOT and CITY per phase (30%, 60%, 90%) and address up to one (1) round of comments from TxDOT and the CITY per submittal. • Address up to two (2) rounds of comments on the ICE report. • PDF files created from design CAD drawings will be uploaded to the designated project folder in BIM. ENGINEER shall not proceed with Schematic Design activities without written approval by the CITY of the Schematic Design Package. DELIVERABLES • Conceptual Design roll-plots in PDF format. Submittals include 30%, 60%, 90%, and Final. • ICE report. • TxDOT LGPP checklist. • Design exceptions. • Updated DSR. City of Fort Worth,Texas Page 8 of 28 Attachment A PMO Release Date:02.06.2015 Page 8 of 28 FORT WORTH.; TASK 4. PRELIMINARY DESIGN (30 PERCENT AND 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. 4.1. The Preliminary Design Drawings and Specifications will consist of the following: • Preliminary cover and index of sheets including project limits, area location map, and beginning and end station limits. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Quantity Summary page and each design sheet shall include a quantity take off table. • Traffic Control Plan including all construction signage and pavement markings which will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. Up to twenty (20) project specific traffic control details will be developed. • 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). • Existing and proposed typical section sheets. • Roadway plan sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s. • No less than two bench marks plan/profile sheet. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Overall project easement layout sheet(s). • Preliminary details to include curbs, curb expansion joints, driveways, sidewalks, traffic signal, pedestrian lighting, and pavement details. • Mini-Roundabouts (Goodman Avenue and Libbey Avenue) • Traffic Signal Plans (W. Vickery Boulevard) - 30% design —only proposed pole locations will be shown. - 60% design — pole locations, service point, ground boxes, and conduit will be shown. Conduit and cable chart will not be filled out until 90% plans. • Pedestrian Lighting Plans City of Fort Worth,Texas Page 9 of 28 Attachment A PMO Release Date:02.06.2015 Page 9 of 28 FORT WORTH.; 30% design — no design elements will be shown. 60% design — pole locations, service points, ground boxes, and conduit will be shown. Wiring and circuitry will not be shown until the 90% plans. • Pavement Marking and Signing Plans • Streetscape plans: - 30% design — Streetscape plans will not be submitted with the 30% design plans. - 60% design o Streetscape plans will be developed that will consist of street trees, site furnishings, and landscape planting. o Up to fifteen (15) planting plan sheets will be developed. o Up to three (3) detail sheets will be developed which will consist of: site furnishing details and specifications, rain garden and drainage connection details, and planting details and specifications. • Erosion Control Sheets (10 each). • iSWM Checklist. • Documentation of key design decisions. • Estimates of probable construction cost. • TxDOT documentation: - LGPP design checklist - Updated Design Summary Report (DSR) - Form 1002 - Contract Duration Estimate (CDE) - Certification Letters 4.2. Pavement Cores The field investigation will consist of coring the pavement in eight (8) separate locations along Horne Street from Lovell Avenue to W. Vickery Boulevard. The pavement will be cored to determine existing pavement and subbase thickness at the coring locations. Pavement core holes will be patched with asphalt upon coring completion. Results of the subsurface exploration will be presented in a data report. The data report will include the following: 1. Site reconnaissance and core locations. 2. Plan of coring locations. 3. Measurements of pavement core and subbase thicknesses. 4. Photographs of the pavement cores. City of Fort Worth,Texas Page 10 of 28 Attachment A PMO Release Date:02.06.2015 Page 10 of 28 FORT WORTH.; 4.3. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 4.4. Utility Clearance • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Preliminary Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination. The ENGINEER may need to coordination directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in BIM for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. ASSUMPTIONS • Three (3) sets of 11"x17" size plans will be delivered for the 30% and 60% designs for review coordination. • One (1) draft Project Manual will be delivered for the 60% design. Applicable TxDOT LGPP forms will be included in the Project Manual. • PDF files created from design CAD drawings will be uploaded to the designated project folder in BIM. • All submitted documents and checklists will be uploaded to the designated project folder in BIM. • ENGINEER will attend one (1) peer review meeting. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. • One (1) traffic signal design is included at W. Vickery Boulevard. If the results of the ICE Report indicate a traffic signal should be installed at Libbey Avenue, the budget for Libbey Avenue under the mini-roundabout scope will be used for the traffic signal design. City of Fort Worth,Texas Page 11 of 28 Attachment A PMO Release Date:02.06.2015 Page 11 of 28 FORT WORTH.; • The design of two mini-roundabouts at Libbey Avenue and Goodman Avenue are included in the scope. • The proposed pavement improvements along the corridor will be mill and overlay. • Profiles will not be created for the proposed sidewalk or roadway. • Design of pavement markings and signage is included for the entire project corridor. • Existing street lighting will remain in place. The scope includes the design of supplementary pedestrian level lighting. Design of specialty lighting features such as outlets, festoon lighting, or other specialty lighting is not included in this scope. • Test borings will be drilled within the existing roadway. • Preparation of new TxDOT special specifications is not included. • The Streetscape and Irrigation Plans scope and fee is based on the CITY's budget of$280,000 for pedestrian amenities and landscaping. • The pedestrian lighting scope and fee is based on the CITY's budget of$979,000 for pedestrian lighting, which is approximately 100 poles. This scope assumes CITY standard light poles, fixtures, and foundations will be utilized. Development of new pedestrian light poles, fixtures, or foundations will be considered an Additional Service. DELIVERABLES A. Preliminary design drawings and specifications including QC/QA documentation for the 30% and 60% submittals. B. Utility conflict coordination package. C. Geotechnical report. D. Estimates of probable construction cost. E. TxDOT documentation. City of Fort Worth,Texas Page 12 of 28 Attachment A PMO Release Date:02.06.2015 Page 12 of 28 FORT WORTH.; TASK 5. FINAL DESIGN (90, 95, and 100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: 5.1. Final draft construction plans (90%) including the Project Manual shall be submitted to CITY and TxDOT per the approved Project Schedule. 5.2. Irrigation Plans • Following review of the 60% Streetscape Plans, the ENGINEER will prepare Irrigation Plans for the proposed streetscape. The Irrigation Plans will be prepared in general accordance with current published CITY and Texas Commission on Environmental Quality (TCEQ) standards. The CITY shall provide the ENGINEER with any design requirements and/or recommendations prior to commencement of preparation of the Irrigation Plan. Key elements of the plan will consist of: • Streetscape Irrigation Plans • Irrigation Details and Specifications Sheet • Irrigation piping and head layout • Irrigation design calculations 5.3. The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for final coordination. 5.4. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit draft Final Plans (95%) to TxDOT Fort Worth District and CITY per the approved Project Schedule. 5.5. ENGINEER will address 95% TxDOT comments and prepare the Final Plans (100%). Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. 5.6. ENGINEER will address comments received from the TxDOT District on the 100% Final Plans. 5.7. TxDOT documentation: • PS&E submittal checklist • Comment response forms • Updated CDE • Engineer's Estimate • Engineer's Seal Sheet • Form 1002 • Form 2229 • Form 2699 • Local Government Certification Letters • TxDOT General Notes ASSUMPTIONS • Three (3) sets of 11"x17" size drawings and one (1) Project Manual will be delivered for the 90% Design package. City of Fort Worth,Texas Page 13 of 28 Attachment A PMO Release Date:02.06.2015 Page 13 of 28 FORT WORTH.; • A PDF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM. • Ten (10) sets of 11"x17" size drawings and two (2) sets of Project Manuals 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 BIM. • All submittals to TxDOT will be in PDF Portfolio format. • Streetscape plans will consist of tree mitigation, landscape plans, hardscape plans, and irrigation plans. The scope included will cover the amount allocated for landscaping and hardscaping in the CITY's grant application. DELIVERABLES A. 90% construction plans and specifications including QC/QA documentation. B. Utility conflict coordination package. C. 100% construction plans and specifications including QC/QA documentation. D. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's or TxDOT's standard bid items and format, as applicable. E. Original 11"x17" size cover mylar for the signatures of authorized CITY officials F. TxDOT documentation. City of Fort Worth,Texas Page 14 of 28 Attachment A PMO Release Date:02.06.2015 Page 14 of 28 FORT WORTH.; TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto BIM for access to potential bidders. Contract documents shall be uploaded in a .xIs file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to BIM in PDF format. The PDF will consist of one file of the entire plan set. • The ENGINEER will upload Plan Holder registrations in BIM. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders' questions and requests and the response thereto. The log shall be housed and maintained in the project's BIM 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 BIM and e-mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on BIM. Incorporate all addenda into the contract documents and issue conformed sets. 6.2. Construction Support • Texas Department of Licensing and Regulation (TDLR) Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. ENGINEER is responsible for providing plans that follow TDLR requirements. City of Fort Worth,Texas Page 15 of 28 Attachment A PMO Release Date:02.06.2015 Page 15 of 28 FORT WORTH.; Submit construction documents to a Registered Accessibility Specialist (RAS) within twenty (20 days) of the first advertisement of the project for perspective bidders. Complete the TDLR project registration form and all other applicable TDLR forms. Obtain the Notice of Substantial Compliance from TDLR. Request an inspection from a RAS no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. Respond to agency comments and requests. All costs associated with TDLR project registration, plan review, and final inspection are to be paid by the ENGINEER during the course of the project. • The ENGINEER shall attend the preconstruction conference. • The ENGINEER shall attend bi-weekly (every two weeks) construction progress meetings during the duration of construction. The ENGINEER will prepare meeting notes with action items and distribute there to the project team. • The ENGINEER will prepare a Construction Communication Plan detailing the procedure for communicating between the Project Delivery Team members and the Contractors. • The ENGINEER will meet with concerned citizens as needed. • 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 BIM. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • The ENGIENER will meet with the Project Delivery Team and Contractor on-site to review any field changes. • The ENGINEER will coordinate with the TPW department as necessary. • The ENGINEER shall attend the "Final' project walk through and assist with preparation of final punch list. • Assist the CITY with TxDOT LGPP documentation. City of Fort Worth,Texas Page 16 of 28 Attachment A PMO Release Date:02.06.2015 Page 16 of 28 FORT WORTH.; 6.3. Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. Information provided by the CITY may include, but is not limited to the following: o As-built survey o Red-line markups from the 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. • The following disclaimer shall be included with the Record Drawing stamp: 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 (version 6.0 or higher). 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. • There shall be one (1) PDF file for the TPW plan set and a separate PDF for the Water plan set, if required. Each PDF file shall contain all associated sheets of the plan set. Singular PDF files for each sheet of a plan set will not be accepted. PDF 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 City of Fort Worth,Texas Page 17 of 28 Attachment A PMO Release Date:02.06.2015 Page 17 of 28 FORT WORTH.; Both PDF files shall be uploaded to the project's Record Drawing folder in BIM. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Construction documents will only be made available on BIM for plan holders and/or given to plan viewing rooms. • Construction documents will not be printed and made available for purchase by plan holders and/or given to plan viewing rooms. • PDF files will be uploaded to BIM. • Sixteen (16) site visits are assumed. • Eight (8) submittal reviews are assumed. • Fifteen (15) RFI's are assumed. • Three (3) change orders are assumed. • Construction duration is assumed to be twelve (12) months. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed) E. Construction Communication Plan C. Response to Contractor's RFls D. Review of change orders E. Review of shop drawings F. Final punch list items G. Record drawings in digital format City of Fort Worth,Texas Page 18 of 28 Attachment A PMO Release Date:02.06.2015 Page 18 of 28 FORT WORTH.; TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right-of-Way Research • The ENGINEER shall determine rights-of-way, easements need for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's BIM site. 7.3. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare, mail, and obtain Temporary Right of Entries from landowners for driveway reconstructions. 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 BIM site. ASSUMPTIONS • Right-of-way research includes review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e., iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right- of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Up to thirty-five (35) right of way acquisition exhibits and meets, and bounds provided on CITY forms. B. Up to twenty-five (25) temporary construction easement exhibits. C. Up to fifty-two (52) temporary right of entry cover letters. D. Up to fifty-two (52) temporary right of entry documents for driveway reconstruction. City of Fort Worth,Texas Page 19 of 28 Attachment A PMO Release Date:02.06.2015 Page 19 of 28 FORT WORTH.; TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey • Update previously completed survey collected in 2017. • 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 will consist of topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper and identify overall canopy), and other features relevant to the final plan sheets. 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. — Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall prepare, mail, and obtain Temporary Right of Entry from landowners. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's BIM site. 8.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level A, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Level A • Expose and locate utilities at specific locations. City of Fort Worth,Texas Page 20 of 28 Attachment A PMO Release Date:02.06.2015 Page 20 of 28 FORT WORTH.; • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. ASSUMPTIONS • Design survey collected in 2017 will be utilized. The ENGINEER's subconsultant will collect additional survey beyond the right-of-way, up to twenty feet. If a fence or building structure is encountered within the twenty feet, the survey will stop at the fence or building structure. • Additional design survey will be collected 200 LF down each side street. • Up to twenty (20) Level A test holes are included. • Up to eighty-three (83) temporary right of entry letters will be prepared for the design survey. DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. SUE plan drawings sealed by a professional engineer registered in the State of Texas. City of Fort Worth,Texas Page 21 of 28 Attachment A PMO Release Date:02.06.2015 Page 21 of 28 FORT WORTH.; TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY in an effort to obtain agreements and/or permits normally required for a project of this size and type, as follows: 9.1. Environmental Clearance ENGINEER, through a subconsultant, will provide environmental clearance support for the project. The following scope of services will be performed for the TxDOT environmental documentation process for a categorical exclusion: • Technical Reports and Scoping Documents - Prepare the appropriate scoping documents according to the TxDOT Fort Worth District guidelines and policy. TxDOT's Environmental Scope Development Tool document will be completed to determine which technical reports would be required for the project. - Environmental technical reports shall include appropriate NEPA or federal regulatory language in addition to the purpose and methodology used in delivering the service. Technical reports shall include sufficient information to determine the significance of impacts and are listed below. A technical report shall be prepared to address: o Archeological Resources Background Report o Historic Resources Project Coordination Request o Biological Resources Deliverables ■ Species Analysis Spreadsheet (PDF and macro-enabled Excel file) ■ Species Analysis form (PDF) ■ USFWS IPaC Official Species List with the access date in the filename (PDF) ■ TPWD RTEST with the access date in the filename (PDF) ■ NDD figure and Element Occurrence Records with access date in the filename (PDF) ■ All supporting documents in a single PDF—consists of project location, topo, aerial(s), EMST, observed vegetation, EMST/Veg impacts table, photos, a complete species impact table that includes SGCNs that were assessed, and soils reports. ■ EMST Excel spreadsheet o Hazardous Materials Initial Site Assessment o Community Impacts Assessment o Traffic Noise Assessment o Section 4(f) De Minimis or Exception for Parkland o TPWD Chapter 26 Documentation o EPIC sheet preparation • Categorical Exclusion (CE) Content and Format City of Fort Worth,Texas Page 22 of 28 Attachment A PMO Release Date:02.06.2015 Page 22 of 28 FORT WORTH.; The CE documentation shall meet the requirements of 23 CFR 771.117, and TAC, Title 43, Part 1, Chapter 2. The CE content shall be in sufficient detail to meet regulatory requirements for legal sufficiency. • Historic Resources Survey and Reporting The applicability of this task will be determined after completion of the Historic Resources Project Coordination Request Technical Report. Per the stipulations of the 2015 Programmatic Agreement Among the Federal Highway Administration, TxDOT, the Texas State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding the Implementation of Transportation Undertakings, the proposed improvements have the potential to affect historic properties. Therefore, a historic resources survey may be required. If required after TxDOT review of the Project Coordination Request, the ENGINEER's subconsultant historians would conduct a reconnaissance-level historic resources survey. The historic resources survey would include an assessment of the effects the proposed project may have on any properties determined to be eligible for NRHP listing. The historic resources survey would be conducted in accordance with TxDOT's Documentation Standards for Reconnaissance Surveys and would include preparation of a research design. This scope includes documentation of up to 50 historic-age resources. • Public Involvement— Public Meeting The ENGINEER's subconsultant shall plan, coordinate, execute, and conduct Public Involvement to consist of one (1) Open House/Public Meeting during the feasibility/schematic stage of the project. The subconsultant shall execute the logistics with selecting and securing the Open House Public Meeting site with the CITY and ENGINEER. The subconsultant shall identify local media publications and prepare all State-approved Public Meeting notices and individual notices of same per the Project Mailing List prepared by the subconsultant. The subconsultant shall prepare sign-in sheets, comment sheets, a PowerPoint presentation, and other materials for an Open House Public Meeting as necessary, as well as provide informed, affable personnel to support the Open House Public Meeting. The subconsultant shall compile comments received at the Open House Public Meeting and document the same in the form of an Open House Public Meeting Summary and prepare written responses to Public Meeting comments. All public involvement shall abide by 43 TAC 11.80-11.90, CFR Title 23, Part 771 and the State's Environmental Manual. Public involvement deliverables are anticipated to consist of: - PowerPoint presentation, meeting agendas, technical handouts, meeting minutes with local, state, and federal agencies and officials. The subconsultant shall provide hard copies for these meetings and electronic versions in MS Word and PDF format. - The subconsultant shall prepare project updates to be included on the CITY's website. These updates shall include information on the status of the project, project schedule, the scheduled public meeting, pdf files showing the proposed meeting, and contact information. These updates shall be in MS Word document format or Adobe .pdf format as appropriate for the type of file City of Fort Worth,Texas Page 23 of 28 Attachment A PMO Release Date:02.06.2015 Page 23 of 28 FORT WORTH.; included. Provision, establishment of domain, and maintenance of a project website is not included in this scope. Technical handouts for the public meeting. The subconsultant shall provide printed hardcopies as well as digital files (Microsoft word and pdf) format. Exhibits/displays for the public meeting. Summary of the public meeting. Information will consist of number of people attending, handouts, summary of verbal input, summary of written input, and written responses to verbal and written comments for the public meeting. Electronic copies of the summaries for the public meetings shall be provided via email. • Public Involvement— Public Hearing, Contingency Task (if required) The subconsultant shall plan, coordinate, execute and conduct one (1) Public Hearing. The subconsultant shall execute the logistics with selecting and securing the Public Hearing site with the CITY and ENGINEER. The subconsultant shall identify local media publications and prepare all State-approved Public Hearing notices and individual notices of same per the Project Mailing List prepared by the subconsultant. The subconsultant shall prepare sign-in sheets, comment sheets, power point presentation, and other materials for the Public Hearing as necessary, as well as provide informed, affable personnel to support the Public Hearing. The subconsultant shall compile comments received at the Public Hearing and document the same in the form of a Public Hearing Summary and prepare written responses to Public Hearing comments. All public involvement shall abide by 43 TAC 11.80-11.90, CFR Title 23, Part 771 and the State's Environmental Manual. Public involvement deliverables are anticipated to consist of: - PowerPoint presentation, hearing agendas, technical handouts, meeting minutes with local, state, and federal agencies and officials. The subconsultant shall provide hard copies for this hearing and electronic version in MS Word and PDF format. - The subconsultant shall prepare project updates to be included on the CITY's website. These updates shall include information on the status of the project, project schedule, the scheduled public hearing, .pdf files showing the proposed meeting, and contact information. These updates shall be in MS Word document format or Adobe .pdf format as appropriate for the type of file included. Provision, establishment of domain, and maintenance of a project website is not included in this proposal. - Technical handouts for the public hearing. The subconsultant shall provide printed hardcopies as well as digital files (Microsoft word and pdf) format. - Exhibits/displays for the public hearing. - PowerPoint presentation for the public hearing along with script. ASSUMPTIONS • Five (5) meetings are assumed with TxDOT for the environmental clearance process. City of Fort Worth,Texas Page 24 of 28 Attachment A PMO Release Date:02.06.2015 Page 24 of 28 FORT WORTH.; • The scope includes the preparation of a C-list or D-list Categorical Exclusion (CE) checklist with technical. • Technical report assumptions - The scope assumes that the proposed project would require acquisition of new right-of-way/easement but would not result in any residential or non-residential displacements. - The scope assumes that a USACE permit application would not be required for the proposed project and that no work will occur within waters of the U.S. Additionally, Section 408 of the Clean Water Act and Section 10 of the Rivers and Harbors Act would not apply. - The scope assumes that the proposed project would not result in an adverse effect to a historic property under the National Historic Preservation Act (NHPA). - The scope assumes that federally listed threatened and endangered species and their habitat are not located within the proposed project area. This scope does not include presence/absence surveys or coordination with the United States Fish and Wildlife Service (USFWS). - The scope assumes that the proposed project would not result in any impacts to Section 4(f) properties that would not otherwise qualify for the anticipated exception (i.e., de minimis determination). - This scope assumes that the proposed project would not affect any Section 6(f) properties. - The ENGINEER will obtain required temporary rights-of-entry. DELIVERABLES A. Copies of TDLR forms. B. Copies of approvals from TDLR process. C. Draft and Final Environmental Scope Development Tool. D. Draft CE documentation (draft environmental technical reports and forms) for TxDOT District review. E. Revised CE documentation (final environmental technical reports and forms) F. Draft and Final EPIC sheet. City of Fort Worth,Texas Page 25 of 28 Attachment A PMO Release Date:02.06.2015 Page 25 of 28 FORT WORTH.; TASK 10. QUALITY CONTROL / QUALITY ASSURANCE ENGINEER to provide to the CITY a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring customary levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 10.1. QC/QA of Survey 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 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. 10.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, 90%, 95%, 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 "checkprint") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign-off sheet with signatures of the personnel involved City of Fort Worth,Texas Page 26 of 28 Attachment A PMO Release Date:02.06.2015 Page 26 of 28 FORT WORTH.; in the checking process. Mark-ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: - PDF of the completed detailed checklists. - PDF of the QC/QA checkprint of the plans, specifications, and estimates demonstrating that a review has been undertaken. - PDF of previous review comments (if any) and the ENGINEER's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the CITY will be quality checked prior to submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in BIM. DELIVERABLES A. QC/QA documentation. City of Fort Worth,Texas Page 27 of 28 Attachment A PMO Release Date:02.06.2015 Page 27 of 28 FORT WORTH.; ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER because of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement, and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Page 28 of 28 Attachment A PMO Release Date:02.06.2015 Page 28 of 28 ATTACHMENT B COMPENSATION Design Services for Horne Street Streetscape Project City Project No. 102764 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated in an amount not to exceed $1,314,503.00 for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Years of Hourly Hourly Hourly Experience Base Contract Rate Contract Rate Rate Year 1 and 2 Year 3 and 4 Project Manager 10+ $78.00 $254.94 $262.59 Quality Manager 10+ $75.00 $245.14 $252.49 Engineer Senior 15+ $78.00 $254.94 $262.59 Landscape Architect (Design) 15+ $75.00 $245.14 $252.49 Engineer (Project) 10 to 15 $57.00 $186.89 $191.89 Engineer (Design) 5 to 10 $53.50 $174.87 $180.12 Engineer in Training / Analyst II 2 to 5 $44.50 $145.45 $149.81 Engineer in Training / Analyst 1 0 to 2 $42.50 $138.91 $143.08 Administrative/Clerical $32.00 $104.59 $107.73 Indirect Cost Rate: 194.46% Profit Rate: 11.00% ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Fee Amount % Responsibility Prime Consultant Kimley-Horn and Associates, Inc. Project management, $949,495.00 72.2% design, bidding, and construction phase services Proposed DBE Consultants Cox McLain Environmental Environmental Consulting, Inc. Clearance $128,748.00 9.8% Alliance Geotechnical Group, Inc. Geotechnical $7,100.00 0.6% engineering The Rios Group, Inc. Subsurface Utility $33,150.00 2.5% Engineering GRAM Traffic North Texas Traffic counts $3,000.00 0.2% Non-MBE/SBE Consultants Gorrondona & Associates, Inc. Topographic survey $190,510.00 14.5% K + K Associates, LLP TDLR plan review $2,500.00 0.2% and final inspection TOTAL $1,314,503.00 100% Project Number & Name Total Fee DBE Fee DBE % CPN 102764: Horne Street $1,314,503.00 $171,998.00 13.1% Streetscape Project TxDOT DBE Goal = 7% Consultant Committed Goal = 7% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. 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[®# � r (= \) _)) J\) (� \)\:}]\\jk%aa±\\{ \ -{§7 §} \}/!»j §f �!!e !K ---- ; §f: tJ2 § _ : :: ° � , �, � , . : :f:o= ; : :: �: ;� 8 ; | »«; f /(/ ,a\\\ ! _ !a „ 7:,::,rla!#!/\\RB !_!!!!�;#C, zz„t-: � : : , ==777;;;y � , 7e3 �9$« \, B ; rrrr \!!) \\R\ § \3k))))))(\k; ;{G a#-a mil; ::;!//-£,mo 0 (»»a |\(7 7ffff ;))K \}) ;22;::::::r!! !!~: ,k«ez; o mU)±:; ; o##G =:- - ::2; !:»!_ jj a:00 :: /a� "Hdl »,o w J+Hml'l,hfHl"H , , , 10 | §! l;;ff; Ef: t-- � a 12 /))\\\ \ o o o o k)( ` k0 / § 2 { (C*-q ; « wum m �wu4o mM > wz _ m | ! — 11 0M U = f I ; - - - - - - 222 2 ®— 6I Uf \ \ ! bo {Z ) \ o /® {�< k<� \\)\ �)\ o o o \\ o o o o )\\ o »)/ ` /i) ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Horne Street Streetscape Project City Project No. 102764 The following language is incorporated into the contract to comply with Federal funding requirements: Debarment and Certification The ENGINEER certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal, state, or local department or agency. Disadvantaged Business Enterprise (DBE) Requirements It has been determined that DBE requirements will apply to this project. The ENGINEER may include and identify team members who have prior experience working on TxDOT projects with DBE goals. It is the policy of TxDOT to encourage the participation of DBEs, historically underutilized businesses, women owned business enterprises and minority business enterprises in all facets of the business activities of TxDOT, consistent with applicable laws and regulations. The DBE goal for this project will be 7%. Professional State Licensure and Certifications The ENGINEER has the required professional and Iicensure qualifications as defined by the State of Texas to execute the proposed development project. Federal Acquisition Regulation (FAR) Compliance All federally funded projects must comply with the Federal Acquisition Regulation standards. Since this project will be funded through federal and state funds compliance with FAR standards will be required. In order to be awarded this contract under this RFQ, the responding firm must have an indirect cost rate that has been updated on an annual basis in accordance with the consulting firm's annual accounting period and in compliance with Federal cost principles as outlined in 23 CFR Section 172. Title VI Assurance The ENGINEER shall comply with the regulations relative to nondiscrimination in all federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21. During the procurement of the contract agreement ENGINEER shall not discriminate on the grounds of race, color, or national origin in assurance of Title VI of the Civil Rights Act of 1964. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 FORTWORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth,Texas Attachment D Revision Date:07.20.2018 Page 1 of 1 • - • •� W thIR I I GE ARE=A• 1 •�WFy T'8E E ' r '[- P ng Ave B,rch�lan Ave+ - �"atl?monL-Ave Begin Project -ti- a R Ca.00c Avek - n• '>rrl t Lovell — Avenue � Ft�semont.A� �,p� i.$' o �+ «�ft —�ti 'r��w" •GeddesYr+F+'` tt Wr G . arlantl.rA-.`'.i...�,.i_.....'� �� �9 rr. _ _ .�, _�laz•Ave F 3 p. yr N 4 7 R I�R U� Hk EA L ...� r� i�"a l•,ai:� 7�.l � 1J i Y cltesle�Ave� 'r r �. {� - � 5 '' ,�[�d e -qur,ZtdY6k 4r-'. - � ■ 4 �t T .. „-_�. i3�1R K Pat k e� o o-1 •p� R '� ���� y+'Y i� r �, M -'[,coEl non Hie --'���.-_ SUNSE�:'I-1EIC�FITS OUTH � m �a. , � • L JGe F.'u� --ei^^•N� psy . 1 r rr r 31 ;nlore AIvC` a n. F• .e+$I'. Ybm• � M �o•"-+„- .Fl nr�e try-eF - +�' ` .,.•fir - Y He.n, r•r q RIVq DGL'EN ject am1 GA PEN�ROFi €SJRIsG-.£, f,. .. • • .: �_-� •y�� R w —R4dglea �. m :. W. ery Boulevard 11e x I AGE PIK r ogle'Ear.th-- Inv If d Street r � � Googl�e Earth a EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. 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. CFW Standard Insurance Requirements Page 1 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 CFW Standard Insurance Requirements Page 2 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 consentto 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 priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 Client#: 25320 KIMLHORN DATE(MM/DD/YYYY) ACORDT, CERTIFICATE OF LIABILITY INSURANCE 1 8/12/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jerry Noyola Greyling Ins. Brokerage/EPIC A/CC,N ,Ext:770-220-7699 FAX (A/C,No): 3780 Mansell Road,Suite 370 E-MAIL no ola re Iln ADDRESS: er ry• Y @g Y g•com Alpharetta, GA 30022 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:National Union Fire Ins.Co. 19445 INSURED INSURER B:Allied World Assurance Company(U.S.) 19489 Kimley-Horn and Associates, Inc. INSURER C:New Hampshire Ins.Co. 23841 421 Fayetteville Street, Suite 600 INSURER D:Lloyds of London 085202 Raleigh, NC 27601 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 21-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBR IN TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY GL5268169 04/01/2021 04/01/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE [*OCCUR PREMISEST ON,occu ence $500,000 X Contractual Liab MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA4489663 04/01/2021 04/01/202 EaMBINED d acenSINGLELIMIT $2,000,000 X ANY AUTO BODI LY I NJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR 03127930 04/01/2021 04/01/2022 EACH OCCURRENCE $5 OOO 000 X EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED I X RETENTION$1 O 000 $ C WORKERS COMPENSATION WC015893685(AOS) 04/01/2021 04/01/202 X IPER STATUTE OERH AND EMPLOYERS'LIABILITY Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE WC015893686 (CA) 04/01/2021 04/01/202 E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liab B0146LDUSA2104949 04/01/2021 04/01/2022 Per Claim$2,000,000 Aggregate$2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: All Projects.The City of Fort Worth, its employees, officers, officials, agents&volunteers are named as Additional Insureds with respects to General &Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers compensation &professional liability are primary& non-contributory where required by written contract. Retroactive Date: 10/02/1967. Should any of the above described policies be cancelled by the issuing insurer before the expiration (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City f Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y o THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S2860190/M2660308 JNOY1 DESCRIPTIONS (Continued from Page 1) date thereof,30 days'written notice (except 10 days for nonpayment of premium)will be provided to the Certificate Holder.Waiver of Subrogation in favor of Additional Insured(s)where required by written contract&allowed by law. SAGITTA 25.3(2016/03) 2 of 2 #S2860190/M2660308 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II 6 Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury' "property damage" or "personal and advertising or "property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on work, on the project (other than service, your behalf; maintenance or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional insured(s) at for the additional insured(s) at the location(s) the location of the covered operations has designated above. been completed; or However: 2. That portion of "your work" out of which 1. The insurance afforded to such additional the injury or damage arises has been put to insured only applies to the extent permitted its intended use by any person or by law; and organization other than another contractor or subcontractor engaged in performing 2. If coverage provided to the additional operations for a principal as a part of the insured is required by a contract or same project. agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 (> Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most applicable limits of insurance. we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 (> Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured described in the Schedule of this endorsement is the amount of insurance: performed for that additional insured and 1. Required by the contract or agreement; or included in the "products-completed operations hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12.01 AM 04/01/2021 forms a part of Policy No. WC015893685(AOS) Issued to Kimley-Horn and Associates, Inc. By NEW HAMPSHIRE INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. [ } Specific Waiver Name of person or organization [X} Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 20 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: WC420304B Countersigned by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Ed. 6-14) Authorized Representative *Copyright 2014 National Council on Compensation Insurance, Inc.All Rights Reserved. 2/23/22,9:44 AM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOT Wow Create New From This M&C DATE: 1/11/2022 REFERENCE**M&C 22- LOG 2021HORNE ST. STREETSCAPE ENG NO.: 0024 NAME: SERVICES AGREEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 3) Authorize Execution of an Engineering Services Agreement with Kimley-Horn and Associates, Inc. in an Amount Not to Exceed $1,314,503.00 for the Horne Street Streetscape Improvement Project RECOMMENDATION: It is recommended that the City Council authorize execution of an engineering services agreement with Kimley-Horn and Associates, Inc. for design services, environmental clearance, right of way acquisition, utility coordination and construction assistance services for the Horne Street Streetscape Improvement Project (City Project No. 102764) in an amount not to exceed $1,314,503.00. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize an engineering services agreement with Kimley-Horn and Associates, Inc. This agreement will provide for engineering services required to produce design plans, environmental impact study, right-of-way exhibits, cost estimates, bidding services, and construction management for the construction of the Horne Street Streetscape project. The City applied for Federal grants in 2018 through the Comprehensive Planning Team/Development Department (now located in the Planning and Data Analytics Department) and the grant was approved in August 2019. To meet the Federal requirement, a Request for Qualifications (RFQs) process was conducted to select an engineering firm. This RFQs was advertised in both Fort Worth and Dallas newspapers in February 2021. The City received 15 Statement of Qualifications (SOQs) from firms across Dallas-Fort Worth metroplex. A panel of five staff members from Transportation and Public Works, Planning and Data Analytics and Diversity and Inclusion were selected to review the SOQs. Five firms were selected for interviews based on receiving the highest scores for step two of the selection process. The firms selected for the interviews in order of their scores were Kimley-Horn and Associates, Inc., Teague Nall and Perkins, Halff Engineering, Dunaway Associates and Burns McDonnell. Kimley-Horn and Associates was ranked the highest after the interview process was completed. Documentation was submitted to Texas Department of Transportation for approval on June 25, 2021 and the City obtained authorization of our selection process on August 5, 2021. On November 10, 2020, an Advance Funding Agreement (AFA) (M&C 20-0829) with Texas Department of Transportation was authorized by City Council in the total amount of$8,146,318.00 to accept $7,301,415.00 in Federal funds and $1,460,283.00 of City participation was provided by Transportation Development Credits for the Horne Street Improvement Project. The project scope includes widening the roadway from two to three lanes with bicycle lanes, pedestrian/sidewalk, landscape, and traffic signal improvements along Horne Street from Camp Bowie Boulevard to West Vickery Boulevard. This AFA approves funding for design, construction, local government project management and state direct costs for the project. The anticipated bid date of the project is August 2023. Kimley-Horn and Associates, Inc. is in compliance with the City's Business Equity Ordinance by committing to 7\%. This project is funded with Federal Funds and the Texas Department of Transportation Civil Rights Office has assigned a 7\% DBE (Disadvantage Business Enterprise) goal participation on this project. This project is located in Council District 3. apps.cfwnet.org/council_packet/mc_review.asp?ID=29576&councildate=1/11/2022 1/2 2/23/22,9:44 AM M&C Review FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Grants Cap Projects Federal Fund for the Horne Street Streetscape Proj project to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Departmenti Account Project Program Activity Budget Reference # Amount ID ID t Year (Chartfield 2) FROM _ Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 102764 Home Street Streetscape Project Compliance Memo 11292021 NW.PDF (CFW Internal) 102764.SAM.goy KHA.pdf (CFW Internal) 102764 FID Table M&C.xlsx (CFW Internal) 2021 HORNE ST. STREETSCAPE ENG SERVICES AGREEMENT.docx (CFW Internal) City. of Fort Worth 101421 Engineering Design Related Services for Horne Street Streetscape Project Form 1295 Certificate.pdf (CFW Internal) MAYOR AND COUNCIL COMMUNICATION MARPDF.pdf (Public) apps.cfwnet.org/council_packet/mc_review.asp?ID=29576&councildate=1/11/2022 2/2