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Contract 58831
CSC No. 58831 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Teague Nall and Perkins, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: S Hulen St and Oakmont Blvd Intersection Improvements — Project No. 104039. 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 $165,899.25 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services FT. WORTH, TX CPN #104039 Revised Date: November 23, 2021 Page 1 of 15 Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services CPN #104039 Revised Date: November 23, 2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawing 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 S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services CPN #104039 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 S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services CPN #104039 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 S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services CPN #104039 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 respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services CPN #104039 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 S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services CPN #104039 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 S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services CPN #104039 Revised Date: November 23, 2021 Page 8 of 15 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 S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services CPN #104039 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 property infringement, or failure to pay a subcontractor or supplier. CITY City of Fort Worth, Texas S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services CPN #104039 Revised Date: November 23, 2021 Page 10 of 15 is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any City of Fort Worth, Texas S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services CPN #104039 Revised Date: November 23, 2021 Page 11 of 15 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 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, City of Fort Worth, Texas S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services CPN #104039 Revised Date: November 23, 2021 Page 12 of 15 § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. City of Fort Worth, Texas S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services CPN #104039 Revised Date: November 23, 2021 Page 13 of 15 The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Q William Johnson (1 017, 2023 10:52 CS I) William Johnson Assistant City Manager Date: Feb 7, 2023 ATTEST: Jannette Goodall City Secretary BY: ENGINEER Teague Nall & Perkins, Inc. 1 �- I =1 ��� Christopher Hartke Director of Engineering Services dgU04q� paa FORr�°a oFa0000 0 0 0 0 Pao oo9�dA Date: 1/11/2023 OVe g=4 ��n rEXA5o4p bOnon4� APPROVAL RECOMMENDED: _A., ' By: I auren Priour (I eb 2, 202311:43 CS I) Lauren Prieur Interim Director, Transportation & Public Works APPROVED AS TO FORM AND LEGALITY '�� By:DBlack (Feb 6, 202314:46 CST) Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 14 of 15 Form 1295 No. 2022-925063 M&C No.: 22-0992 M&C Date: 11 /29/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX S Hulen St and Oakmont Blvd CPN #104039 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. P Kaba, Fanta Kaba, P.E. Professional Engineer City of Fort Worth, Texas S Hulen St and Oakmont Blvd Standard Agreement for Engineering Related Design Services CPN #104039 Revised Date: November 23, 2021 Page 15 of 15 FORT WORTH. ATTACHMENT "A" Scope for Engineering Design Related Services for Intersection Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of the Hulen St and Oakmont Blvd Intersection Project is project is to replace the traffic signals, construct new NB left turn lane, replace ADA ramps and adjust safety lighting. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Quality Control/ Quality Assurance City Project No. 104039 South Hulen St. & Oakmont Blvd. City of Fort Worth, Texas City Project No. 104039 Attachment A PMO Release Date: 07.23.2012 South Hulen St. &Oakmont Blvd. Page 1 of 27 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 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 each design phase • Conduct and document biweekly design team meetings • Conduct QC/QA reviews and document those activities. Refer to Task 10 for further details • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly Project Status Reports in the format provided by the respective Transportation and Public Works Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. • Prepare and submit a preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan. CITY to modify and finalize. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with the Texas Department of Transportation (TxDOT)^+her agennioc "Rd eRti � as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 2 of 27 FORT WORTH. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • One (1) pre -design project kickoff/chartering meeting • Two (2) field review meetings • Eight (8) monthly project update meetings during design phase • Three (3) plan review meetings • All submittals to the City will be Quality checked prior to submission. • Project design phase is anticipated to take eight (8) months. • DrejeGt GenStrU Gtien phase is anticipated try take YYY (X) menths Eight (8) monthly updates of Project Status Reports, MWBE forms, TPBE, Risk Register, and project Schedule. DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan E. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly Project Status Reports G. Monthly TPBE spreadsheet updates H. Monthly Project Risk Register updates Plan Submittal Checklists (See Task 10) J. Monthly invoices K. Monthly M/WBE Report Form and Final Summary Payment Report Form City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 3 of 27 FORT WORTH. TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • 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 In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOTaPA ems), City Master Plans, and property ownership as available from the Tax Assessor's office. • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. • The existing roadway and sidewalk appear to be off Right -of -Way and on private property on the northwest corner. The City shall perform Easement or ROW services if needed. • The existing service will be reused. • Perform Project Site Visit 2.2. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) per Task 8. 2.3. Utility Clearance City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 4 of 27 FORT WORTH. • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Conceptual Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination. The ENGINEER may need to 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 the City's document management system (BIM 360) for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. 2.3. The Conceptual Design Package shall include the following: Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • Quantity Summary page and each design sheet shall include a quantity take off table. • TraffiG Engineering study te suppert the FeGeMmended design alternative SuGh as lnterseGtien Centre! Eyaluatien Report (IGE)e nerrider analysis study er alignment/feasibility sfiurty • Genreptual Design Report /Arterials\ • Conceptual iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Existing typical sections of the roadway to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. • Conceptual plan and profile sheets showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 5 of 27 FORT WORTH. drainage structures, city owned and franchise utilities, and existing roadway vertical alignments (profiles). • Documentation of key design decisions. • Estimates of probable construction cost. ASSUMPTIONS • One (1) pre -design project kickoff/chartering meeting. • One (1) electronic only (PDF) set of 11 "x17" size plans will be delivered for the 30% design. • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. • Traffic Counts will not be collected • Traffic signal phasing timing and phasing will not be performed DELIVERABLES A. Conceptual Design Package E. Conceptual iSWM Checklist City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 6 of 27 FORT WORTH. TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. The Preliminary Design Drawings and Specifications shall include the following: • Conduct 30% comment review meeting. • 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. • Preliminary iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. • Traffic Control Plan shall consist of sequence of construction notes and standard details only. Standards inrlu diRg all Gen6+r,,,tiGR Sig Rage and pavement markings Gh will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Updated existing and proposed typical section sheets. • Updated roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. • 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). • Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs, sidewalks, driveways, lane dimensions and arrows, and existing and proposed contours (0.25' intervals) City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 7 of 27 FORT WORTH. • Preliminary traffic signal and roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. • Preliminary signing, pavement marking, illumination and signal layouts. • Documentation of key design decisions. • Estimates of probable construction cost. 3.2. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.3. Public Meeting After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, time and date. The Engineer needs to coordinate with the City's project manager to format the mailing list of all affected property owners accordingly. 3.5. 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 be identified at the Conceptual phase and 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 at each design milestone. The ENGINEER may need to coordination directly with the City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 8 of 27 FORT WORTH. private utility provider if that provider needs to undertake design to adjust their utility's location. • The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in the City's document management system (BIM 360) for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. • ENGINEER to obtain utility as-builts and/or do field visits to confirm relocation is complete and that the utility has been relocated in accordance with the plans, report any discrepancies found, and provide documentation to support findings. • ENGINEER to upload all utility as-builts in the City's document management system (BIM 360) ASSUMPTIONS • One (1) Conceptual Design comment review meeting. • One (1) electronic only (PDF) will be delivered for the 60% design - r4..-- /ON -4--. -F 4 -1 "-1711 -;-- -1 - ...711 L- A-1;.,..-A C- 4-1- G110/ • One (1) set of specifications will be delivered for the 60% design. • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). • All submitted documents and checklists will be uploaded to the designated project folder in the City's document management system (BIM 360). • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • 60% Design will be used by the City for Utility Coordination. • One (1) Public Meeting is assumed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Meeting summary from comment review meeting. B. Preliminary Design drawings and specifications including QC/QA documentation in PDF format. C. Utility Conflict Coordination Package E. Preliminary iSWM Checklist F. Estimates of probable construction cost G. Public Meeting exhibits City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 9 of 27 FORT WORTH. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). • Upon — be sure to track changes. approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Conduct 60% comment review meeting. • Prior to final design plans (90%) 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, coordinate with CITY Project Manager. • Final draft construction plans (90%) including specifications shall be submitted to CITY per the approved Project Schedule. • The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for final coordination. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • Final iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. • A Quantity Summary page will be included in both the 90% and 100% design packages. Each design sheet of those package shall include a quantity take off table. • The ENGINEER shall submit an estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use standard CITY or TxDOT bid items, as applicable. ASSUMPTIONS • Two (2) comment review meetings. One (1) Preliminary Design (60%) and one (1) Final Design. Three (3) sets of 11 "xi 7" size draW!Rgs and one (1) set of spedfiGatiGRS will be delivered for the 90%-DeG:yn paGke One (1) electronic only (PDF) will be delivered for the 90% design. • A PDF and DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). • One (1) electronic only (PDF) will be delivered for the 100% design. City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 10 of 27 FORT WORTH. • A PDF and DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in City's document management system (BIM 360). • The City shall be responsible for utility conflict analysis, coordination and Utility Clearance Cover Letter DELIVERABLES A. 90% construction plans and specifications including QC/QA documentation. B. Final iSWM plan ( Final check list) 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. QFigiRaI 11 "xi 7'-rsize 6v^Ver rnylaF fer the cigRati ms of a therized CITY effiniel� TZITpTri.717T'q'gZTfp1TC TASK 5. BID PHASE SERVICES. The project will be a TxDOT Ietting.The CITY reserves the right to bid the preient either via traditiGRal r,reiert hint to via Unit r,rine alternative deliver„ -.ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support (TxDOT Letting) • The ENGINEER shall upload estimate to TxDOT Connect and coordinate appropriate specifications all plans and contract documents onto the City's document management system (BIM 360) for access to potential bidders. • Plan Sets are to be uploaded to the City's document management system (BIM 360) in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. This procedure 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 folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 11 of 27 FORT WORTH:., to all bidder's questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda to TxDOT for distribution to onto the City's document management system (BIM 360) and mail addenda to all plan holders. • Attend the pre bid nonferenne in support of the CITY ceTnrtraGtors, si ibnontra Gtors 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 bird opening in support of the CITY. Tabulate and review all birds reneiyerd for the nenctrl intien nreient assist the CITY 0 Tabulation and the GFW Data Spreadsheet are to he uploaded into the nreient's Rind Results folder on the f ity's rdoni invent management system (RIBA 360) sets..E�Tc r will provide 10 full sets and 3 full sets after bird opening Genfermerd set with all approved addenda The ENGINEER shall communicate and coordinate with TxDOT during the letting process in support of the City. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Construction documents will not be printed and made available for purchase by plan holders and/or given to plan viewing rooms. • PDF, DWF and CAD DVVG files will be uploaded to the City's document management system (BIM 360). DELIVERABLES A. Addenda B. TxDOT Connect Estimate and Specifications G. Re•Eemm-rmrTeR dation of award D. Final iSWM Checklist E. Construction documents (conformed) F. Ft�r W Data -Sprea sheet TASK 6. CONSTRUCTION PHASE SERVICES. City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 12 of 27 FORT WORTH. ENGINEER will support the construction phase of the project as follows. 6.1. Construction Support • The ENGINEER shall attend the pre -construction conference. • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall attend monthly or bi-weekly 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 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 Buzzsaw. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, respond to Request for Information (RIF) from the contractor, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER will meet with the Project Delivery Team and Contractor on -site to review up to two (2) any field changes. • The ENGINEER will coordinate with the TPW department as necessary • The Engineer will update and submit monthly the Project Status Report, Risk Register, TPBE and Project Schedule. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. 6.2 Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. Information provided by the CITY may include, but is not limited to the following: o As -Built Survey City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 13 of 27 City Project No. 104039 South Hulen St. & Oakmont Blvd. FORT WORTH. 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 Final Drawings, modified and stamped as Record Drawings, in Adobe Acrobat PDF format (version 6.0 or higher) and in DWF format. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the digital files. • There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set, if required. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in the City's document management system (BIM 360). For information on the proper manner to submit files and to obtain a file number for the project, the ENGINEER should coordinate with the City project manager. File City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 14 of 27 FORT WORTH. 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 • GRe (1) P blip Meetinry is �ccmoi-! • Two (2) site visits are assumed. • Five (5) submittal reviews are assumed. • Five (5) RFI's are assumed. • One (1) Change Orders are assumed. DELIVERABLES A bexhibits giPp, li rc�eet�gex,�� BR�� -i in n GeMM RiGa�n Dlon . zrc rrwmmai�-r rr-r-rain A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of shop drawings D. Final Punch List items E. Record Drawings in digital format City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 15 of 27 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 needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system (BIM 360) resources folder. 7.3. Temporary Right of Entry Preparation and Submittal Prior to construction, the ENGINEER should coordinate with the City project manager to identify all needed Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to 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 document management system (BIM 360) resources folder. 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 records, right-of-way takings, easement vacations and abandonments, right-of- way vacations, and street closures. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. B. YYY (X) Temporary Right of Entry Gover letters GTYY�Temporary Right of Entry doGuments TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 16 of 27 FORT WORTH. 8.1. Design Survey ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, oriel have qualified arberist id8lRtify species of trees and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal Prior to entering property, the ENGINEER shall coordinate with the City's project manager to identify, mail and obtain Temporary Right of Entry from landowners. • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system resources folder. 8.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level D, C, 8, and A, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Level D City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 17 of 27 FORT WORTH. • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built' or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground -mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems, if such features have not already been surveyed by a professional surveyor. If previously surveyed, check survey data for accuracy and completeness. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. Level B (includes tasks as described for Quality Level C) City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 18 of 27 FORT WORTH. • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A — TNP will excavate by air -vacuum or other minimally invasive methods up to 3 test holes, at locations yet to be determined within the project limits in order to identify the exact horizontal & vertical locations of crucial utilities. Unless specified otherwise in this scope, the location of the tests hole will be outside of any paved area. Also, if locating the end of casing is requested the cost will be based on an hourly charge based on the fee schedule below. • This work includes: - Providing all necessary personnel, equipment, supplies, management and supervision needed for the test hole excavation, backfill and restoration. - Coordinating with Client, property owner, and/or permitting authorities, as needed and obtaining any required permits, permission or rights -of -entry with help from The Client - Contacting the appropriate one -call system to request utilities to be marked on -the -ground prior to beginning excavation of test hole. - Providing and utilizing appropriate traffic control devices, as necessary, in conformance with the MUTCD, including any state or locally adopted supplements. (if closures or additional traffic control equipment is needed other than signs and cones additional direct expenses will be charged) - Preparing documentation for each test hole attempted. This documentation will include the horizontal and vertical position of the targeted utility or structure, a general description of the target utility, with City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 19 of 27 FORT WORTH. condition, material and general orientation noted, a generalized description of the material encountered in the test hole, and any other field observations noted during the excavation. • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. ASSUMPTIONS • Survey limits are: the intersection of Hulen St and Oakmont Blvd — 100' along each leg of the intersection and 450' within the ROW along the south leg of the intersection. • Level B SUE limits are: the intersection of Hulen St and Oakmont Blvd — 70' along each leg of the intersection and 275' within the center median along the south leg of the intersection. • CITY will perform utility conflict review, utility coordination, and utility relocation verification. • Up to three (3) Level A test holes are included. 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. C. SUE 2D CAD file City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 20 of 27 FORT WORTH. TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type. This project delivery includes a TxDOT Letting and the ENGINEER will provide the effort as follows. 9.1 Texas Department of Transportation (TxDOT) Permit • Coordination with TxDOT will begin with the 60% PS&E submittal. • Meet with TxDOT up to two (2) times to negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY and TxDOT review • Submitting revised forms for TxDOT review • Responding to TxDOT comments and requests • ■_ •_0 MET a 9■ City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 21 of 27 FORT WORTH. Environmental Study The City of Fort Worth is required to meet Texas Department of Transportation (TxDOT) standards for design and environmental clearance associated with the intersection improvements at South Hulen Street and Oakmont Boulevard. The basic set of technical memorandum and forms to be completed for a Categorical Exclusion (CE) are listed in the following points. • The Work Plan Development Form indicates what documentation will be required to receive environmental clearance. A schedule will determine the timeline for the environmental clearance, • The Species Analysis Forms and Attachments will include vegetation community mapping to identify the presence/absence of preferred habitat for protected species that could potentially occur within or adjacent to the project corridor and to identify if any unique vegetation communities are present; • A Hazardous Initial Site Assessment (ISA) will provide preliminary site evaluation that will be compliant with ASTM International Standard E1527-21 for a Phase I Environmental Site Assessment (ESA) to determine the potential for the area to contain past evidence of hazardous materials or hazardous waste, this is dependent on the level of any new right-of-way that needs to be obtained; • A Surface Water Analysis form may be requested to identify that there are no aquatic resources located within the project area, • The Archeological Background Study will be prepared with desktop level material and a review of any photographs obtained from the project area; • A Historic Resources Project Coordination Report, may be required and will determine the scope of historic resources study appropriate for a project, and • Representative Photographs of the project area and surrounding areas will be provided. • Notice of Opportunity to Comment (NOC) will be developed for at least any property owner and tenant, of which right-of-way will be obtained. IES would recommend that a NOC be sent to all property owners within the immediate vicinity of the improvements. This Public Involvement would be fully documented in the latest TxDOT documentation format. • This scope of services, expressly excludes any additional technical memorandum and the development of an Environmental Assessment based on our review of the project activities as provided by Teague Nall and Perkins in an email from Christopher Hartke, dated 30 June 2022. Based on a review of the WPD form, the project should be exempt from air and noise documentation, along with Community Impact Assessment, Indirect and Cumulative Effects/Impacts, Intensive Cultural Resources Survey, Historic Resources Survey, and Section 4(f) documentation. City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 22 of 27 FORT WORTH:., agreement and/or permits • Gemnleting all fnrmc/annligations nenessary. • Submitting fnrmc/applinations for CITY review • Submitting revised forms for age re�ii e�ni • Responding to agency comments and req iectc ASSUMPTIONS Letting Permit coordination preparatiOR will begin after approval of the Preliminary(60%) Design. • CITY will pay all costs associated with TxDOT Letting. City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 23 of 27 FORT WORTH. • Two (2) meetings are assumed with TxDOT for acceptance of the PS&E documents for a TxDOT Letting. DELIVERABLES A. Final Contract Documents in meeting TxDOT deliverable requirements. B. Copies of Permit Applications C. Copies of Approved Permits D. Categorical Exclusion a. Work Plan Development Form b. Species Analysis Forms c. Hazardous Initial Site Assessment d. Surface Water Analysis e. Archeological Background Study f. Historic Resources Project Coordination Report City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 24 of 27 FORT WORTH. TASK 10. QUALITY CONTROL / QUALITY ASSURANCE ENGINEER to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 10.1. QC/QA of Survey and SUED 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%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. • The documentation of a QC/QA review includes (1) a copy of the color -coded, original marked -up document (or "check print") developed during the QA checking process and/or review forms which sequentially list documents and City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 25 of 27 FORT WORTH. associated comments; and (2) a QC sign -off sheet with signatures of the personnel involved in the checking process. Mark-ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: - PDF of the completed Detailed Checklists - PDF of the QC/QA check print of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; - PDF of previous review comments (if any) and the ENGINERR's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the City will be Quality checked prior to submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in Buzzsaw. DELIVERABLES A. QC/QA documentation City of Fort Worth, Texas City Project No. 104039 Attachment A South Hulen St. & Oakmont Blvd. PMO Release Date: 02.06.2015 Page 26 of 27 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 — be sure to track changes. the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon — be sure to track changes. in writing by both parties before the services are performed. These additional services include the following: • ROW Exhibit or services • Coordination or exhibit for Easement(s) • Negotiation of easements or property acquisition. • Utility conflict analysis, coordination and Utility Clearance Cover Letter • Traffic Counts • Traffic Signal phasing or timing • Drainage design beyond checking the ponding depth • TxDOT Small Sign Summary • Project Design Report • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. 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W - U mm oo UU aO mdm w'❑in aF w` C z° r�JJ N N O o m Z d E m 0 mmW a` w w mom° m m m £ ° 'o w u�u mr ° 0 z tv E E 7 cn V : O (6 C fn N E z U m LE O L U � N M G R 4) m C N d V L O 3 > U � � T c�i w O O C >O _ y «A a` C d d a as v� V d � a E o a U w N m d W E N O N m Ems"' as r Gf E 0 O Ea a u� N 0) N 3 N 0 d a O Q V N N 0 G1 Q H Y O C R l o 0 � LL m 3 0 � N M O IA f0 m r r r r r r Jf 0 CL \\10 j \{\ \ {0 ) Ld \ } k\/ 0. 2 10 \ {}$ - ))) k a. n $ J0 J 2 I =S E \ §§k) E $ O SS A - -- / / § ■ C ® _ $ ƒ)I - [m/2 / \\ m %| § k) LL ik £0W CL >2aaa v)E g�� u 2 \CLk222,2a _ 0.02 aek�e z CL_ Em � kf J_ )> /0- 0� 7£ �EE o E �E E ]E /j E2 ]E �Z_ E fJ; k � k 3 � _ IL EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Design Services for S Hulen St and Oakmont Blvd Intersection Improvements City Project No. 104039 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2022 Rate $/hour 2023 Rate $/hour Principal / Director $270/hr $270/hr Senior Project Manager $250/hr $250/hr Senior Engineer $260/hr $260/hr Project Manager $200/hr $200/hr Project Engineer $170/hr $170/hr Engineer III/IV $140/hr $140/hr Engineer 1/11 $130/hr $130/hr Senior Designer $165/hr $165/hr Designer $150/hr $150/hr Senior CAD Technician $135/hr $135/hr CAD Technician $120/hr $120/hr SUE Project Manager $200/hr $200/hr Senior Utility Coordinator $175/hr $175/hr Utility Coordinator $160/hr $160/hr Sr. Utility Location Specialist $165/hr $165/hr Utility Location Specialist $100/hr $100/hr SUE Engineer $170/hr $170/hr 2-Man Designating Crew $180/hr $180/hr RPLS $210/hr $210/hr Survey Technician $120/hr $120/hr Clerical $85/hr $85/hr ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. City of Fort Worth, Texas City Project No. 104039 Attachment B South Hulen St. & Oakmont Blvd. Page 1 of 3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) 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%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. City of Fort Worth, Texas City Project No. 104039 Attachment B South Hulen St. & Oakmont Blvd. Page 2 of 3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) 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. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Teague Nall & Perkins, Engineering Design & SUE Inc. Proposed MWBE Sub -Consultants $134,114.25 80.8% Gorrondona & Survey Associates, Inc. $14,785.00 8.9% Integrated Environmental Services & Environmental Public Involvement Solutions, LLC $17,000 10.3% Non-MWBE Consultants TOTAL $165,899.25 100% Project Number & Name Total Fee MWBE Fee MWBE % CPN 104039 — S Hulen and Oakmont Intersection Improvements $165,899.25 $31,785.00 19.2% City MBE/SBE Goal = 14% Consultant Committed Goal = 14 % Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas City Project No. 104039 Attachment B South Hulen St. & Oakmont Blvd. Page 3 of 3 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for South Hulen St. and Oakmont Blvd. City Project No. 104039 No changes to Standard Agreement City of Fort Worth, Texas City Project No. 104039 Attachment C South Hulen St. & Oakmont Blvd. PMO Release Date: 05.19.2010 Page 1 of 1 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas City Project No. 104039 Attachment D South Hulen St. & Oakmont Blvd. Revision Date: 07.20.2018 Page 1 of 1 CLIENT: City of Fort Worth PROJECT SCHEDULE CITY JOB #104039 South Hulen St. and Oakmont Blvd TNP JOB # FTW22299 ID (Task Name (Duration (Start (Finish 1 Notice to Proceed Kickoff Meeting Project Management Monthly Update Meetings Data Collection As -Built Plans ROW Maps Property Ownership - TAD Surveying Right of Entry Control Survey Approximate ROW Data Processing SUE - QL B SUE Designating SUE Surveying SUE Office Conceptual Design Phase (30%) Prepare 30% Plans Submit 30% Plans City Review of 30% Plans Preliminary Design Phase (60%) Prepare 60% Plans Submit 60% Plans City Review of 60% Plans Constructability Review Public Meeting Utility Clearance Environmental Permitting Final Design Phase 90% Design Prepare 90% Plans Submit 90% Plans City Review of 90% Plans 100% Design Prepare 100% Plans Submit 100% Plans City Review of 100% Plans Construction Letting Construction Mobilization/Utility Delay Construction 1 day 5 days 255 days 255 days 10 days 10 days 10 days 0 days 17 days 5 days 3 days 2 days 5 days 9 days 3 days 1 day 5 days 46 days 30 days 1 day 15 days 117 days 30 days 1 day 15 days 10 days 1 day 30 days 60 days 82 days 46 days 30 days 1 day 15 days 36 days 20 days 1 day 15 days 200 days 60 days 20 days 120 days Mon 1/23/23 Tue 1/24/23 Tue 1/31/23 Tue 1/31/23 Mon 1/23/23 Tue 1/24/23 Tue 1/24/23 Mon 1/23/23 Tue 1/24/23 Tue 1/24/23 Tue 1/31/23 Fri 2/3/23 Tue 2/7/23 Fri 2/3/23 Fri 2/3/23 Wed 2/8/23 Thu 2/9/23 Tue 2/14/23 Tue 2/14/23 Tue 3/28/23 Wed 3/29/23 Wed 4/19/23 Wed 4/19/23 Wed 5/31/23 Thu 6/1/23 Thu 6/22/23 Thu 7/6/23 Thu 7/6/23 Fri 7/7/23 Fri 7/7/23 Fri 7/7/23 Fri 7/7/23 Fri 8/18/23 Mon 8/21/23 Mon 9/11/23 Mon 9/11/23 Mon 10/9/23 Tue 10/10/23 Tue 10/31/23 Tue 10/31/23 Tue 1/23/24 Tue 2/20/24 Mon 1/23/23 Mon 1/30/23 Mon 1/22/24 Mon 1/22/24 Mon 2/6/23 Mon 2/6/23 Mon 2/6/23 Mon 1/23/23 Wed 2/15/23 Mon 1/30/23 Thu 2/2/23 Mon 2/6/23 Mon 2/13/23 Wed 2/15/23 Tue 2/7/23 Wed 2/8/23 Wed 2/15/23 Tue 4/18/23 Mon 3/27/23 Tue 3/28/23 Tue 4/18/23 Thu 9/28/23 Tue 5/30/23 Wed 5/31/23 Wed 6/21/23 Wed 7/5/23 Thu 7/6/23 Wed 8/16/23 Thu 9/28/23 Mon 10/30/23 Fri 9/8/23 Thu 8/17/23 Fri 8/18/23 Fri 9/8/23 Mon 10/30/23 Fri 10/6/23 Mon 10/9/23 Mon 10/30/23 Mon 8/5/24 Mon 1/22/24 Mon 2/19/24 Mon 8/5/24 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 City of Fort Worth, Texas Attachment D Page 1 1 1/23 Teague Nall & Perkins, Inc. l 1 City Project No. 104039 South Hulen St. & Oakmont Blvd. Attachment E South Hulen St. and Oakmont Blvd. City Project No. 104039 s_nemem `�' Fort Worth :8 io woa.e E�I�e., �.a czar EJ9�3fl---Forest Hrll--� Village KenneOale 1" j �.eso�.ewEs. F.e,men City of Fort Worth, Texas City Project No. 104039 Attachment E South Hulen St. & Oakmont Blvd. Page 1 of 1 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe 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 South Hulen St. and Oakmont Blvd. Rev. 5.04.21 CPN #104039 Page 1 of 3 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 South Hulen St. and Oakmont Blvd. Rev. 5.04.21 CPN #104039 Page 2 of 3 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's 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 South Hulen St. and Oakmont Blvd. Rev. 5.04.21 CPN #104039 Page 3 of 3 / This Endorsement Changes the Policy. Please Read It Carefully. COMMERCIAL GENERAL LIABILITY ENHANCEMENT This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or expenses described in any of the provisions of this endorsement may be broadened, excluded or limited by another endorsement to this Coverage Part, and the coverage -broadening provisions herein may be broadened, or not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. 1. NON -OWNED WATERCRAFT Under Section I —Coverage A., paragraph 2, Exclusions, item (2) of the Aircraft, Auto or Watercraft exclusion is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge; The exception in (2) does not apply if the insured has any other insurance for "bodily injury" or "property damage" that would also apply to this extension of coverage or would apply except for the exhaustion of its limits whether the other insurance is primary, excess, contingent or on any other basis. 2. REASONABLE FORCE EXTENSION Under Section I — Coverage A, paragraph 2. Exclusions, the Expected or Intended Injury exclusion is deleted and replaced by the following:' This insurance does not apply to: Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 3. PROPERTY DAMAGE COVERAGE EXTENSIONS A. Under Section I - Coverage A, paragraph 2. Exclusions, the Damage To Property exclusion is replaced by the following: Damage To Property "Property Damage" to (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc., with Page 1 of 9 its permission. (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should reasonably have been known by you, at the time the property was transferred or abandoned; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others at a job site. Paragraphs (3), (4) and (6) of this exclusion do not apply to "property damage" caused by the use of an elevator at premises you own, rent or occupy. This insurance is excess over any valid and collectible insurance available to any insured whether primary, excess, contingent or any other basis. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". B. The following is added to the Damage to Your Product exclusion: This exclusion does not apply to "property damage" to "your product' while on, being moved onto or off of an elevator; or liability assumed under a sidetrack agreement. This insurance is excess over any other valid and collectible insurance available to any insured whether primary, excess, contingent or on any other basis. C. Under Section I — Coverage A, the last paragraph after the exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke or leakage from fire protective systems or any combination thereof. D. Under Section III — Limits Of Insurance, item 6. is replaced by the following: 6. Subject to paragraph 5. above, the higher of: Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc., with Page 2 of 9 its permission. a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or leakage from fire protective systems, while rented to you or temporarily occupied by you with permission of the owner. E. Under Section IV — Commercial General Liability Conditions, paragraph b. (1) (a) (ii) under the Other Insurance condition is replaced by the following: (ii) That is Fire, Lightning, Explosion, Smoke or Leakage from Fire Protective Systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; F. Under the Definitions Section, paragraph a. of the Insured Contract definition is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 4. BROAD FORM PERSONAL AND ADVERTISING INJURY A. Under Section I —Coverage B - Personal And Advertising Injury Liability, the Contractual Liability exclusion is deleted. B. Under the Definitions Section, the following offense is added to the definition of "personal and advertising injury": h. Vicarious liability for discrimination based on a person's age, color, national origin, race, religion or sex (unless insurance thereof is prohibited by law), but only if such discrimination is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any "executive officer", director, stockholder, partner, spouse of a partner, member, spouse of a member, manager or trustee of the insured; and (2) Not related directly or indirectly to an "employee" or to the employment, prospective employment or termination of employment of any person by an insured. 5. MEDICAL PAYMENTS — INCREASED LIMITS A. Item 1. a. (3) (b) of Section I - Coverage C - Medical Payments is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and B. Under Section III — Limits Of Insurance, paragraph 7 is replaced by the following: 7. Subject to Paragraph 5. above, the higher of: a. $15,000; or b. The amount shown in the Declarations for Medical Expense Limit; Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc., with Page 3 of 9 its permission. is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 6. SUPPLEMENTARY PAYMENTS INCREASED LIMITS Under Supplementary Payments — Coverages A And B, paragraphs 1. b. and 1. d. are replaced by the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. 7. BROADENED INSURED STATUS Under Section II — Who Is An Insured, the following changes are made: A. BROAD NAMED INSURED The following is added: Any legally incorporated entity of which you own more than 50% of the voting stock is an insured. However, this insurance does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization or "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. Coverage for any such organization will cease as of the date during the policy period on which you no longer maintain more than 50% of the voting stock. B. PARTNERSHIPS AND JOINT VENTURES The last paragraph of Section II — Who Is An Insured beginning "No person or organization is an insured...." is replaced by the following: You are an insured with respect to the conduct of any current or past partnership or joint venture, but only with respect to your interest in such current or past partnership or joint venture. No other person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. C. FELLOW EMPLOYEE COVERAGE The following is added to paragraph 2. a. (1): However, paragraphs (a) through (c) above do not apply to "bodily injury" caused by your "employees" or "volunteer workers" to: (1) A co — "employee"; or (2) A co- "volunteer worker"; in the course of the co- "employee's" employment by you or while performing duties related to the conduct of your business or the "volunteer workers" while performing duties related to the conduct of your business. D. INCIDENTAL MEDICAL MALPRACTICE COVERAGE The following is added to item 2. a.(1)(d): Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc., with Page 4 of 9 its permission. However, this limitation does not apply to the rendering or failure to render the following professional healthcare services by any licensed physician, dentist, nurse or other medical practitioner that is your "employee" or "volunteer worker" while performing such services on your behalf and while acting within the scope of his or her license: i. Medical, paramedical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or ii. The furnishing or dispensing of drugs or medical or dental supplies; provided that, you are not in the business or occupation of providing any professional healthcare services. This extension of coverage does not apply to punitive or exemplary damages if coverage of such is permitted by statute or case law. The insurance provided by this extension of coverage is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. E. NEWLY ACQUIRED ORGANIZATIONS Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded until the end of the policy period; F. MANAGERS OR LESSORS OF PREMISES The following is added as an additional insured: Managers or lessors of premises leased to you are insureds but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor added by this provision. G. LESSORS OF LEASED EQUIPMENT The following is added as an additional insured: Any person or organization from whom you lease equipment is an insured, but only: 1. When you and such person or organization have agreed in writing in a contract or agreement that the person or organization be added as an additional insured under the insurance as is afforded under this policy; 2. Only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any `occurrence" which takes place after the equipment lease expires. H. USERS OF WATERCRAFT The following is added as an additional insured: Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc., with Page 5 of 9 its permission. Any person, who with your consent, either uses or is responsible for the use of a watercraft to which this insurance applies is an insured, but only for their liability arising out of the use or operation of that watercraft on your behalf. I. VENDORS The following is added as an additional insured: Any person or organization who is a vendor of "your products", but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. With respect to the insurance afforded to these vendors, the following additional exclusions apply: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products. J. ADDITIONAL INSUREDS — CONTROLLING INTEREST The following is added as an additional insured: Any person or organization that has a controlling interest of you, but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. K. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT The following is added as an additional insured: Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc., with Page 6 of 9 its permission. Any person or organization that does not otherwise qualify as an insured under any other provision of this insurance is an insured to the extent that you are required by written contract, written agreement or written permit to name such person or organization as an insured, but only with respect to "bodily injury", "property damage" or "personal and advertising injury' caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of "your work" for the additional insured(s) at the location(s) designated in the written contract, written agreement or written permit; or b. In connection with your premises owned by or rented to you. However, with respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) Unless the written contract or written agreement has been executed or the written permit has been issued prior to the "bodily injury", "property damage" or "personal and advertising injury'; (2) To "bodily injury", "property damage" or "personal and advertising injury" occurring after: (a) The termination date of any requirement to add additional insureds in any such contract, agreement or permit; or (b)The end of this policy period; whichever comes first; or (3) To the rendering or failure to render any professional service. L. The insurance afforded such additional insureds under items 7. F through 7. K: a. Applies only to the extent permitted by law; and b. If required by a written contract, written agreement or written permit, coverage provided the additional insured will not be broader than that which you are required by the written contract, written agreement or written permit to provide for such additional insured. M. With respect to the insurance afforded these additional insureds under 7. F through 7. K, the following is added to Section III — Limits of Insurance: If coverage provided to any additional insured is required by a written contract, written agreement or written permit, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract, agreement or permit; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision will not increase the applicable Limits of Insurance shown in the Declarations. 8. PRIMARY AND NON-CONTRIBUTORY — OTHER INSURANCE CONDITION Under Section IV — Commercial General Liability Conditions, the following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy, provided that: Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc., with Page 7 of 9 its permission. (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract, agreement or permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. KNOWLEDGE AND NOTICE OF OCCURRENCE Under Section IV — Commercial General Liability Conditions, paragraphs e. and f. are added to the Duties In The Event of Occurrence, Offense, Claim or Suit condition as follows: Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an "occurrence", offense or claim, solely due to your reasonable and documented belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this policy. You must give us prompt notice of an "occurrence", offense, claim or loss only when the "occurrence" offense, claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or director, if you are a corporation; (4) A member, if you are a limited liability company; (5) A trustee, if you are a trust; or (6) An "employee' designated by you to give us such a notice. 10. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under Section IV — Commercial General Liability Conditions, the following is added to the Representations condition: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional and you report such failure to us as soon as practicable after its discovery. However, we reserve the right to charge additional premium for any such hazard. 11. WAIVER OF SUBROGATION Under Section IV — Commercial General Liability Conditions, the following is added to the Transfer of Rights of Recovery Against Others To Us condition: If the insured has waived those rights in a written contract, written agreement or written permit executed before loss, our rights are waived also. 12. BODILY INJURY REDEFINED Under the Definitions Section, the definition of "bodily injury" is replaced by the following: "Bodily injury" means bodily injury, disability, mental anguish, mental injury, shock, fright, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. 13. MOBILE EQUIPMENT REDEFINED Under the Definitions Section, paragraph f. of the definition of "mobile equipment" is replaced by the following: f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc., with Page 8 of 9 its permission. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos", unless weighing less than 10,000 pounds gross vehicle weight, designed for use off public roads and not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 14. LIBERALIZATION If we adopt a change in our forms or rules that would broaden the coverage of this policy without additional premium, the broader coverage will apply to this policy when the change becomes effective in your state. This endorsement forms a part of Policy Number: CPMS1050YO Insured: Teague Nall & Perkins, Inc. Effective Date: Includes copyrighted material of SGL 02 001 (0619) Insurance Services Office, Inc., with Page 9 of 9 its permission. This page has been left blank intentionally. Policy Number: CPMS1050YO CG 24 04 12 19 Insured Name: Teague Nall & Perkins, Inc. Number: Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s) Or Organization(s): Any person or organization you have agreed in a written and executed contract, prior to an "occurrence", that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 This page has been left blank intentionally. This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY - CANCELLATION This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION City of Fort Worth See below ADDRESS 200 Texas Street Fort Worth, TX 76102 NUMBER OF DAYS NOTICE OF CANCELLATION FOR NONPAYMENT OF 30 days PREMIUM ONLY: If box is left blank, notice will not be sent.) NUMBER OF DAYS NOTICE OF CANCELLATION FOR ALL REASONS OTHER THAN NONPAYMENT OF 10 days PREMIUM: If box is left blank, notice will not be sent. If we cancel this policy for any statutorily permitted reason, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice of cancellation for nonpayment of premium and for all other statutory reasons other than nonpayment of premium at least the number of days shown in the Schedule above as applicable. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. Any person(s) or organization(s) that is entitled to receive the notice as is afforded under this endorsement pursuant to a written contract or agreement entered into with you, provided that, the address and contact information for such person(s) or organization(s) is on file with your insurance broker, agent or producer. This endorsement forms a part of Policy Number: CPMS1050YO Effective Date: Insured: Teague Nall & Perkins, Inc. Includes copyrighted material of SIL 02 022 (0119) Insurance Services Office, Inc., with Page 1 Of 1 its permission. This page has been left blank intentionally. This Endorsement Changes the Policy. Please Read It Carefully. COMMERCIAL AUTOMOBILE ENHANCEMENT This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM 1. BROADENED INSURED COVERAGE Under Section II — COVERED AUTOS LIABILITY COVERAGE, the following changes are made: A. BROAD NAMED INSURED The following is added to A. Coverage, paragraph 1. Who Is An Insured: d. Any legally incorporated entity of which you own more than 50% of the voting stock on the effective date of this coverage part is an insured. B. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT The following is added to A. Coverage, paragraph 1. Who Is An Insured: e. Any person or organization, not otherwise identified as an "insured" in this coverage or by endorsement to this coverage, that you are required by written contract, written agreement or written permit to name as an "insured". However, such person or organization is an "insured" only: (1) With respect to the operation, maintenance or use of a covered "auto"; and (2) For "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the written contract or written agreement; or (b) The permit has been issued to you. The insurance provided under item B. above applies on a primary basis if that is required by the written contract, written agreement or written permit. Coverage under this provision is limited to the minimum limits of liability stipulated in that written contract, written agreement or written permit or the amount of loss not to exceed the Limit of Liability shown in the Declarations, whichever is less. C. EMPLOYEES AS INSUREDS The following is added to A. Coverage, paragraph 1. Who Is An Insured: f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. FELLOW EMPLOYEE COVERAGE B. Exclusions, paragraph 5. Fellow Employee is deleted and replaced with the following: Includes copyrighted material of SCA 01 002 (0718) Insurance Services Office, Inc. with Page 1 of 4 its permission. "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. However, we will cover "bodily injury" caused by your "employee" to his or her fellow "employee" if the "bodily injury" results from the use of a covered "auto". 2. ADDITIONAL SUPPLEMENTARY PAYMENTS Section II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, paragraph 2.a. Coverage Extensions, Supplementary Payments, items (2) and (4) are deleted and replaced by the following: (2) Up to $5000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 3. KNOWLEDGE AND NOTICE OF OCCURRENCE Section IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss, item a. is deleted and replaced by the following and item d. is added: a. In the event of an "accident", claim, "suit" or "loss" you must give us or our authorized representative prompt notice of the "accident" or "loss" when the "accident", claim, "suit" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or director if you are an organization other than a partnership, joint venture or limited liability company; (4) A member, if you are a limited liability company; (5) A trustee if you are a trust; or (6) An "employee" designated by you to give us such a notice. This notice should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. d. Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an "accident", claim, "suit" or "loss", solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this policy. Includes copyrighted material of SCA 01 002 (0718) Insurance Services Office, Inc. with Page 2 of 4 its permission. 4. WAIVER OF SUBROGATION The following is added to Section IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 5. Transfer of Rights of Recovery Against Other To Us: If the insured has waived those rights prior to the "accident" or "loss", our rights are waived also. 5. UNINTENTIONAL ERRORS AND OMISSIONS The following is added to Section IV - BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional and you report the failure to us as soon as practicable after its discovery. However, we reserve the right to charge additional premium for any such hazard. 6. BROADENED PHYSICAL DAMAGE COVERAGE Under Section III — PHYSICAL DAMAGE COVERAGE, the following changes are made: A. WAIVER OF DEDUCTIBLE — GLASS REPAIR The following is added to D. Deductible: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. B. ADDITIONAL TRANSPORTATION EXPENSES A. Coverage, 4. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced by the following: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". C. ADDITIONAL LOSS OF USE EXPENSES A. Coverage, 4. Coverage Extensions, paragraph b. Loss Of Use Expenses is deleted and replaced by the following: For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicates that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto". Includes copyrighted material of SCA 01 002 (0718) Insurance Services Office, Inc. with Page 3 of 4 its permission. However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $1500. D. COST TO RECOVER STOLEN AUTO The following is added to A. Coverage, 4. Coverage Extensions. We will pay reasonable and necessary expenses incurred by you to return a stolen, covered "auto" from the place where it is recovered to its usual garaging place. The most we will pay for such expenses is $1000. This Coverage Extension does not apply if your business is selling, servicing or repairing "autos". E. PERSONAL EFFECTS COVERAGE The following is added to A. Coverage, 4. Coverage Extensions. In the event of a total theft of a covered "auto", we will pay for personal effects owned by an "insured" and in or on the covered "auto" at the time of "loss". The most we will pay for such personal effects is $500 per "loss". No deductibles apply to this Personal Effects Coverage. F. AIRBAGS — ACCIDENTAL DISCHARGE COVERAGE The following is added to B. Exclusions, paragraph 3. This exclusion does not apply to the accidental or unintended discharge of an airbag. The most we will pay for such "loss" is $1000. This coverage is excess over any other collectible insurance or warranty. G. VEHICLE WRAP COVERAGE The following is added to A. Coverage, 4. Coverage Extensions. In the event of a total "loss" to a covered "auto" and in addition to the actual cash value of the covered "auto", we will pay up to $1000 to repair or replace vehicle wraps displayed on the "auto" at the time of "loss". The most we will pay under the Vehicle Wrap Coverage is $5000 for any one "loss", regardless of the number of covered "autos" deemed a total "loss". For the purpose of this coverage, vehicle wraps are full color, graphic images printed on vinyl film and attached to an "auto". 7. ADDITIONAL DEFINITIONS The following is added to Section V — DEFINITIONS: "Executive Officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any similar governing document. This endorsement forms a part of Policv Number: GHP30018822700 Effective Date: Insured: Teague Nall & Perkins, Inc. 5237 N. Riverside Drive, Ste. 100 Fort Worth, TX 76137 Includes copyrighted material of SCA 01 002 (0718) Insurance Services Office, Inc. with Page 4 of 4 its permission. POLICY NUMBER: GHP30018822700 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Teague Nall & Perkins, Inc. Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Any pers on or organization for who or which you are required by written contract or agreement to obtain this waiver from us. You must agree to that requirement prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 This page has been left blank intentionally. This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY - CANCELLATION This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION City of Fort Worth See below ADDRESS 200 Texas Street Fort Worth, TX 76102 NUMBER OF DAYS NOTICE OF CANCELLATION FOR NONPAYMENT OF 30 days PREMIUM ONLY: If box is left blank, notice will not be sent.) NUMBER OF DAYS NOTICE OF CANCELLATION FOR ALL REASONS OTHER THAN NONPAYMENT OF 10 days PREMIUM: If box is left blank, notice will not be sent. If we cancel this policy for any statutorily permitted reason, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice of cancellation for nonpayment of premium and for all other statutory reasons other than nonpayment of premium at least the number of days shown in the Schedule above as applicable. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. Any person(s) or organization(s) that is entitled to receive the notice as is afforded under this endorsement pursuant to a written contract or agreement entered into with you, provided that, the address and contact information for such person(s) or organization(s) is on file with your insurance broker, agent or producer. This endorsement forms a part of Policy Number: GHP30018822700 Effective Date: Insured: Teague Nall & Perkins, Inc. Includes copyrighted material of SIL 02 022 (0119) Insurance Services Office, Inc., with Page 1 Of 1 its permission. This page has been left blank intentionally. Tex,qsmutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 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: This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 a.m. standard time, forms a part of: Policy no. 0001211663 of effective on Issued to: Teague Nall & Perkins, Inc. &u, �t� Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 WC 42 03 04 B This page has been left blank intentionally. Tex,qsmutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: City of Fort worth 200 Texas Street Fort Worth, TX 76102 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 a.m. standard time, forms a part of: Policy no. 0001211663 of Texas Mutual Insurance Company effective on Issued to: Teague Nall & Perkins, Inc. IL4,,e�t� Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 WC 42 06 01 This page has been left blank intentionally. POLICY NUMBER: CPMS1050YO COMMERCIAL GENERAL LIABILITY CG20100413 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 City of Fort worth its officers, employees and servants; Transportation & Public Works Dept The City shall include its employees, officers, officials, and agents as respects the contracted services. 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 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. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: CPMS1050YO COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 *City of Fort Worth, its officers, employees and servants; Transportation & Public Works Dept. The City shall include its employees, officers, officials, and agents as respects t SCHEDULE he contracted services. Name Of Additional Insured Person(s) Or Organization(s) City of Fort Worth OtlG ddUUVG UUMMULG GG1L111UUM 11U1UG1 Location And Description Of Completed Operations 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard." However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 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 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © ISO Properties, Inc., 2004 CG 20 37 04 13 ❑ 12/30/22, 11:15 AM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 11/29/2022 REFERENCE **M&C 22- NO.: 0992 LOG NAME CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FoRTWORin 2022 ENGINEERING CONTRACT FOR HIGHWAY SAFETY IMPROV PROJECT SUBJECT: (CD 6) Authorize Execution of an Engineering Services Agreement with Teague Nall and Perkins, Inc. in an Amount Not to Exceed $165,900.00 for the South Hulen Street and Oakmont Boulevard Highway Safety Improvement Project (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Teague Nall and Perkins, Inc., in an amount not to exceed $165,900.00 for the South Hulen Street and Oakmont Boulevard Highway Safety Improvement project (City Project No. 104039). DISCUSSION: This mayor and Council Communication (M&C) is to authorize an engineering services agreement for the South Hulen Street and Oakmont Boulevard Highway Safety Improvement project. Teague Nall and Perkins, Inc., was selected for this project based on the pre -qualified list of firms from Category-2 of the Request for Qualifications advertised in August 2020 for various capital project improvements. The Intersection Improvement Category 2 required a Request For Additional Information (RFAI) submission for the final selection process. City staff performed this RFAI process which resulted in thirteen firms being chosen to award these design agreements. The scope of this project includes updated signals with Accessible Pedestrian Signal (APS) technology, American with Disabilities Act (ADA) ramps, adding dual left turn lanes for northbound left turn, intersection safety lighting, and refreshing/modifying pavement markings at the intersection of South Hulen and Oakmont Boulevard. The project will be led by TXDOT in June 2024. The City of Fort Worth is responsible for funding design and engineering, right of way (ROW), environmental studies, utility relocations, and project management services for this project. The following table summarizes the funding for the South Hulen Street at Oakmont Boulevard project: Fund Existing Additiional Project TFunding Funding Total 34027 - 2022 Bond Program Fund $295,000.00 $0.00 $295,000.00 Funding is budgeted in the 2022 Bond Program Fund for the purpose of funding the South Hulen Street at Oakmont Boulevard Highway Safety Improvement project as appropriated. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). MWBE Office: Teague Nall and Perkins, Inc. is in compliance with the City's Business Equity Ordinance by commiting to 14\% Business Equity participation on the South Hulen Street and Oakmont Boulevard project. The City's Business Equity goal for this project is 14\%. apps.cfwnet.org/council_packet/mc_review.asp?I D=30545&counciIdate=11 /29/2022 1 /2 12130/22, 11:15 AM M&C Review This Project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget as previously appropriated, in the TPW Dept Highway & Streets Department's General Capital Project Fund for the South Hulen Street and Oakmont Boulevard Highway Safety Improvement Project. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. O Fund Department Account Project Program Activity Budget Reference # Amount ID ID I I I Year Chartfield 2 ROM Fund Department Account Project Program Activity Budget I Reference # Amount ID ID I I Year (Chartfield 2) Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: William Johnson (5806) Lauren Prieur (6035) Monty Hall (8662) ATTACHMENTS 104039 MWBE COMPLIANCE MEMO 220906 RZ.pdf (CFW Internal) 2022 ENGINEERING CONTRACT FOR HIGHWAY SAFETY IMPROV PROJECT funds availabilitypdf (CFW Internal) CPN 104039 Map.pdf (Public) CPN 104039 Budget Summarv.PNG (CFW Internal) FID Table 104039.xlsx (CFW Internal) Form 1295 Certificate 100948209 signed.pdf (CFW Internal) SAM Report Teague Nall and Perkins, Inc.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp? I D=30545&cou n cildate=11 /29/2022 2/2 FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: S Hulen St & Oakmont Blvd Highway Safety Improvements Project Engineering Contract M&C: 22-0992 CPN: 104039 CSO: DOC#: Christopher Hartke email: chartke@tnpinc.com Date: To: Name Department Initials Date Out 1. Ann Estes TPW - initial 4 Jan 27, 2023 2. Christopher Hartke, Consultant Consultant - Signature 3. Fanta Kaba TPW - Signature PK Jan 27, 2023 4. Chad Allen TPW -initial Feb 2, 2023 5. Lissette Acevedo TPW -initial Feb 2, 2023 6. TPW AD (Interim: Michael Owen) TPW - initialer Feb 2, 2023 7. TPW Dir. (Interim: Lauren Prieur) TPW - signatures Feb 2, 2023 8. Doug Black Legal - signature d� Feb 6, 2023 9. William Johnson CMO - signature w, Feb 7, 2023 10. Jannette Goodall CSO - signature Feb 7, 2023 11. TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No ROUTING TO CSO SAME DAY: ❑YES ❑No ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File NEXT DAY: ❑YES ❑No ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContractskFortWorthTexas. _oovv at ext. 7233 or 8363, for pick up when completed. Thank you! Updated 12.07.2022, mdhm