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HomeMy WebLinkAboutContract 59010CSC No. 59010 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 Halff Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Intersection Improvements at North Beach Street and Western Center Boulevard — Project No. 104038. 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 $171,822.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 Revised Date: November 23, 2021 OFFICIAL RECORD Page 1 of 15 CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 Revised Date: November 23, 2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth, Texas Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 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 Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 Revised Date: November 23, 2021 Page 4 of 15 Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in City of Fort Worth, Texas Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 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 Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 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 Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 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 Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 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 Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 Revised Date: November 23, 2021 Page 9 of 15 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth, Texas Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 Revised Date: November 23, 2021 Page 10 of 15 property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 Revised Date: November 23, 2021 Page 11 of 15 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies City of Fort Worth, Texas Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 Revised Date: November 23, 2021 Page 12 of 15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the City of Fort Worth, Texas Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 Revised Date: November 23, 2021 Page 13 of 15 same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH William Johnson (Ma 7, 202318:12 CST) William Johnson Assistant City Manager Date: Mar 7, 2023 ATTEST: 4� poRt°�aa a44 �I aEXA?oad Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: Lauren F ri eu r (Mar 6, 2023 13:07 CST) Lauren Prieur Interim Director, Transportation & Public Works BY: ENGINEER Halff Associates, Inc pgyilf,{ xgy/(ett David A. Burkett (Feb 7, 2023 14:34 CS I ) David A. Burkett, P.E. Director of Transportation Date: Feb 7, 2023 APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-947037 By: DBlack (Mar7, 202317:21 CST) Douglas W Black M&C No.: 22-1042 Sr. Assistant City Attorney M&C Date: 12/13/2022 City of Fort Worth, Texas Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 Revised Date: November 23, 2021 OFFICIAL RECORD Page 14 of 15 CITY SECRETARY FT. WORTH, TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. lsKdl sh✓esl-ha Iskal Shrestha (Feb 11, 2023 18:49 CST) Iskal Shrestha, P.E., PMP Senior Project Manager City of Fort Worth, Texas Intersection Improvements at North Beach Street and Western Center Boulevard Standard Agreement for Engineering Related Design Services CPN104038 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 Intersection Improvements at N. Beach St. and Western Center Blvd. Project is to improve safety of the intersection by providing dual left turn lanes for the eastbound and westbound approaches and a channelized right turn for the westbound approach. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Quality Control/ Quality Assurance City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 24 Intersection Improvements at N. CPN 104038 Beach Street and Western Center Blvd FORT WORTH® TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team: • Lead, manage and direct design team activities • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 10 for further details. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend a pre -design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY and TxDOT requirements. • Attend and facilitate a meeting with TxDOT staff to confirm design criteria and goals. The meeting will be similar to the TxDOT Design Concept Conference and ENGINEER will prepare a Design Summary Report (DSR) as part of this meeting. • Conduct and document monthly project update meetings with CITY Project Manager during the design phase of the Project. These meetings will be held virtually. • Conduct review meetings with the CITY and TxDOT at the 60% design phase. • Conduct and document monthly design team meetings during the design phase of the Project. • 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. City of Fort Worth, Texas Page 2 of 24 Attachment A PMO Release Date: 02.06.2015 Page 2 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® • Prepare and submit a preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan. CITY to modify and finalize. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the Project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • One (1) pre -design project kickoff/chartering meeting • Zero (0) field review meetings • Ten (10) monthly project update meetings during design phase (completion of 100% plans) and up to three (3) additional project update meetings during ROW acquisition phase. These meetings are to be held virtually. • The 90% submittal required for the City and 95% submittal required for TxDOT will be the same submittal and will be labeled "95% submittal' on documents. • One (1) plan review meetings (60%) • Plan review meetings will be coordinated by CITY staff and will include TxDOT comments. • Ten (10) monthly design team meetings • All submittals to the City will be Quality checked prior to submission. • Project design phase is anticipated to take ten (10) months including environmental clearance. ROW acquisition is anticipated to take an additional twelve (12) months. • Project construction phase is anticipated to take ten (10) months. • Ten (10) monthly updates of Project Status Reports, MWBE forms, TPBE, Risk Register, and project Schedule. • CITY staff will be responsible for all coordination with TxDOT and the ENGINEER will support the CITY as needed. City of Fort Worth, Texas Page 3 of 24 Attachment A PMO Release Date: 02.06.2015 Page 3 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® 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 I. Plan Submittal Checklists (See Task 10) J. Monthly invoices K. Monthly M/WBE Report Form and Final Summary Payment Report Form City of Fort Worth, Texas Page 4 of 24 Attachment A PMO Release Date: 02.06.2015 Page 4 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY and TxDOT 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 and TxDOT's approval of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • CITY shall collect and provide turning movement counts and any traffic study required for the Project. In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the Project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the Project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the Project. • 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. 2.2. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) per Task 8. 2.3. Utility Clearance • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the 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. City of Fort Worth, Texas Page 5 of 24 Attachment A PMO Release Date: 02.06.2015 Page 5 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® • 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. 2.4 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. • TxDOT Project Summary Sheets that include TxDOT item numbers and estimated quantities. • 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 drainage structures, city owned and franchise utilities, and existing roadway vertical alignments (profiles). • Traffic signal existing conditions and removals layout sheet. • Traffic signal proposed conditions layout sheet showing the location of proposed signal poles and mast arms, ground boxes, controller cabinet, and electrical service meter. • Documentation of key design decisions. • Estimates of probable construction cost. ASSUMPTIONS • Three (3) sets of 11 "x17" size plans will be delivered to the CITY 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. ENGINEER will provide TxDOT submittal files/copies in format and quantity requested by TxDOT Project Manager. DELIVERABLES A. Conceptual Design Package Opinion of probably construction cost (OPCC). City of Fort Worth, Texas Page 6 of 24 Attachment A PMO Release Date: 02.06.2015 Page 6 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans, specifications, and estimates (PS&E) package shall be submitted to CITY and TxDOT per the approved Project Schedule. ENGINEER will develop the PS&E as follows. 3.1. The Preliminary PS&E plans shall include the following as necessary: • Title Sheet • Index of Sheets & Project Legend • Project Layout & Survey Control Sheets • Existing Typical Paving Sections • Proposed Typical Paving Sections • Draft General Notes (Final provided by TxDOT) • Project Summary Sheets • Temporary Traffic Control and Sequence of Construction Sheets • Traffic Control Details • Removal Plans • Paving Plan and Profile Sheets • Driveway Profile Sheets • Grading Plans • Paving Details • Pavement Marking & Signage Plans • Summary of Small Signs • Pavement Marking and Sign Details • Traffic Signal/Lighting Plans • Erosion Control Plans • Erosion Control Details • Roadway Cross -Sections The PS&E package will also include: • Documentation of key design decisions. • Estimates of probable construction cost. • Forms required by TxDOT 3.2. Geotechnical Investigation/Pavement Design • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will not be made. • Pavement design shall either match existing or be based on recommendations provided by the CITY. 3.3. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and City of Fort Worth, Texas Page 7 of 24 Attachment A PMO Release Date: 02.06.2015 Page 7 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® Construction personnel to walk the Project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4. Public Meeting After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall not be required to prepare project exhibits or attend any public meetings to help explain the proposed Project to residents. The CITY shall select a suitable location, time and date, and be responsible for all aspects of facilitating the meeting. 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 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 • Three (3) sets of 11 "x17" size plans will be delivered to the CITY for the 60% design for review coordination. • 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). City of Fort Worth, Texas Page 8 of 24 Attachment A PMO Release Date: 02.06.2015 Page 8 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® • ENGINEER will provide TxDOT submittal files/copies in format and quantity requested by TxDOT Project Manager. • CITY will provide pavement design(s) to be used for all proposed pavement areas. ENGINEER will not conduct a geotechnical investigation or provide a proposed pavement design. • TxDOT specifications and General Notes will be used and plans will be developed according to TxDOT standards. ENGINEER shall submit special specifications to TxDOT for approval if needed. • One (1) Public Meeting is assumed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications including QC/QA documentation B. Utility Conflict Coordination Package C. Estimates of probable construction cost D. Public Meeting exhibits E. TxDOT forms and documentation as required by TxDOT Project Manager City of Fort Worth, Texas Page 9 of 24 Attachment A PMO Release Date: 02.06.2015 Page 9 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® TASK 4. FINAL DESIGN (90 PERCENT CITY / 95 PERCENT TxDOT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). • Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans (90%/95%) including specifications shall be submitted to CITY and TxDOT 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 receipt of 90%/95% construction plan review comments from the CITY and TxDOT, the ENGINEER shall submit Final Plans (100%) to the CITY and TxDOT per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • Project Summary Sheets will be included in the 60%, 90%/95% and 100% design packages. • The ENGINEER shall submit an estimate of probable construction cost with the 60%, 90%/95% and 100% design packages. This estimate shall use standard TxDOT bid items. ASSUMPTIONS • Three (3) sets of 11 "x17" size drawings and one (1) set of specifications will be delivered to the CITY for the 90%/95% Design package. • A PDF file for the 90%/95% 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). • Ten (10) sets of 11 "x17" size drawings and two (2) set of specifications will be delivered to the CITY for the 100% Design package. • A PDF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in City's document management system (BIM 360). • ENGINEER will provide TxDOT submittal files/copies in format and quantity requested by TxDOT Project Manager for each submittal. DELIVERABLES A. 90%/95% construction plans and specifications including QC/QA documentation. B. Utility relocation documentation. 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 TxDOT's standard bid items and format, as applicable E. Original 11 "x17" size cover mylar for the signatures of authorized CITY officials. F. TxDOT forms and documentation as required by TxDOT Project Manager City of Fort Worth, Texas Page 10 of 24 Attachment A PMO Release Date: 02.06.2015 Page 10 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® TASK 5. BID PHASE SERVICES. TxDOT will be letting this Project. ENGINEER will not provide support services related to the letting process. 5.1. Letting Process Support • The ENGINEER will not provide letting process support for the Project under this scope of work. ASSUMPTIONS • The Project will be bid only once and awarded to one contractor. • The ENGINEER will not attend a pre -bid meeting. • The CITY will assist TxDOT with answering contractor questions during the bid period. If an addendum is necessary, the CITY will prepare the necessary drawings or documents. • Should the CITY need assistance from the ENGINEER for any bid phase services, a contract amendment will be required. DELIVERABLES A. None City of Fort Worth, Texas Page 11 of 24 Attachment A PMO Release Date: 02.06.2015 Page 11 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will not provide construction phase services for this Project. 6.1. Construction Phase Support • The ENGINEER will not provide construction phase support for the Project under this scope of work. ASSUMPTIONS • The ENGINEER will not attend the pre -construction conference. • The ENGINEER will not attend project construction meetings. • The CITY will handle any public involvement or public meetings during the construction phase of this Project including any exhibits. The ENGINEER will not provide assistance with a public meeting during the construction phase. • The CITY will handle any reviews of 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. • As requested by TxDOT, the CITY will provide necessary interpretations and clarifications of project plans and specifications and respond to Request for Information (RFI) from the contractor. • The ENGINEER will not attend the "Final' Project walk through and assist with preparation of final punch list. TxDOT or CITY will prepare the final punch list. • Should the CITY need assistance from the ENGINEER for any construction phase services, a contract amendment will be required. DELIVERABLES A. None City of Fort Worth, Texas Page 12 of 24 Attachment A PMO Release Date: 02.06.2015 Page 12 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 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 existing rights -of -way within the project limits. It is assumed all improvements will be constructed within existing rights -of -way, and therefore no required temporary and permanent easements will be identified. 7.2. Right-of-Way/Easement Preparation and Submittal. • It is assumed all improvements will be constructed within existing rights -of -way, and therefore the ENGINEER will not prepare documents to be used to obtain right-of-way and permanent and/or temporary easements. 7.3. Temporary Right of Entry Preparation and Submittal • It is assumed all improvements will be constructed within existing rights -of -way, and therefore no Temporary Right of Entries will be required from landowners. 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. Existing right-of-way boundaries. City of Fort Worth, Texas Page 13 of 24 Attachment A PMO Release Date: 02.06.2015 Page 13 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the Project in accordance with TxDOT guidelines and to include the following effort:. — Obtain complete and accurate topographic information of the area along the proposed route. The survey will encompass the entire existing ROW and a maximum of 20 feet outside of the existing ROW. Topographic survey will be completed, and a digital terrain model prepared for use in engineering design. — Provide all field surveys necessary to determine the limits of existing right-of-way and/or easements. — Provide horizontal and vertical control monuments at approximately 500- foot intervals along the project route. 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, B, and A, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Level D • 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 City of Fort Worth, Texas Page 14 of 24 Attachment A PMO Release Date: 02.06.2015 Page 14 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® 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) • 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. City of Fort Worth, Texas Page 15 of 24 Attachment A PMO Release Date: 02.06.2015 Page 15 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® • 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 • 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 and Level B SUE limits are: within the project intersection and 200 feet each direction along Beach Street and 400' each direction along Western Center Road. • Up to five (5) Level A test holes are included. • Up to one (1) days of traffic control for Level A test holes. DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. SUE plan drawings sealed by a professional engineer registered in the State of Texas. City of Fort Worth, Texas Page 16 of 24 Attachment A PMO Release Date: 02.06.2015 Page 16 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows 9.1 Interlocal Agreement • Meet, coordinate and provide assistance to the CITY in their efforts to obtain an Interlocal Agreement with the City of Haltom City for work to be performed within their city limits. 9.2 Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. • Submit construction documents to the TDLR • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the Project. 9.3 Environmental Services The scope of the Project includes the environmental work to prepare a (d)-list Categorical Exclusion (CE) for the design of improvements to Beach Street at Western Center Road in the City of Fort Worth, Tarrant County, Texas. This Scope of Services includes the preparation of environmental documentation for a d(13) CE, associated studies, and public involvement to meet the requirements of the National Environmental Policy Act (NEPA) of 1969 under 23 Code of Federal Regulations (CFR) Part 771 and 43 Texas Administrative Code (TAC) Part 1, Chapter 2. Halff will follow TxDOT guidelines and templates. Halff will coordinate with TxDOT's Fort Worth District Environmental Coordinator and TxDOT's Environmental Affairs Division staff. Deliverables will be provided for review and approval by the City of Fort Worth and TxDOT. Scope of Services includes the following tasks: I. Project Scoping — Scoping documentation shall be provided to the TxDOT Fort Worth District to initiate the CE process and identify the technical studies that will be required for the Project. Halff will obtain digital environmental information available from appropriate local, state, and federal agencies. Data collected through this task will be stored in Geographic Information System (GIS) format. Halff shall complete the Work Plan Development (WPD) I and WPD II Environmental Compliance Oversight System City of Fort Worth, Texas Page 17 of 24 Attachment A PMO Release Date: 02.06.2015 Page 17 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® (ECOS) screens and provide the scoping documentation to TxDOT. The following resources will be preliminarily addressed in the scoping documentation: a. Air Quality b. Cultural Resources c. Community Impacts d. Biological Resources e. Water Resources f. Hazardous Materials g. Traffic Noise h. Section 4(f) & Section 6(f) i. Parks and Wildlife Code, Chapter 26 j. Natural Resources Code, Chapter 183 k. Indirect Impacts I. Cumulative Impacts m. Public Involvement Technical Reports - Technical reports and resource agency coordination requests shall be prepared for resources that require assessment as defined in the WPD ECOS screens. The technical reports are used by TxDOT to initiate resource/regulatory agency coordination and to obtain feedback/approval from agencies, as applicable. This Project is anticipated to require the following technical reports further described in Tasks a through a below. a. Species Analysis Form, Species Analysis Spreadsheet, and Tier I Site Assessment b. Surface Water Analysis Form c. Project Coordination Request (PCR) for Historical Studies d. Archeological Background Study e. Hazardous Materials Initial Site Assessment (ISA) The technical reports will be submitted to the TxDOT Fort Worth District and revised in accordance with comments received during up to two (2) rounds of review. a. Species Analysis Form, Species Analysis Spreadsheet, and Tier I Site Assessment — An assessment will be conducted for vegetation and protected habitat impacts in accordance with the MOU between TxDOT and Texas Parks and Wildlife Department (TPWD). The analysis shall consider vegetation/land cover found in the project area as compared to TPWD's Ecological Mapping Systems of Texas (EMST). This task will include a review of current species lists from the TPWD and the United States Fish and Wildlife Service (USFWS), and a search request from TPWD's Texas Natural Diversity Database (TXNDD). Conclusions will be made, based on general observations from the visual survey and the literature review and database search, regarding whether preferred habitat or designated critical habitat for any listed species is present within the project area, whether any listed species is likely to occur, and whether there is a potential effect or impact to listed species. This task includes the following deliverables: • Species Analysis Form City of Fort Worth, Texas Page 18 of 24 Attachment A PMO Release Date: 02.06.2015 Page 18 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® • Species Analysis Spreadsheet Surface Water Analysis Form — Halff will complete the Surface Water Analysis Form to address the following: • Section 402 of the Clean Water Act, • Section 404 of the Clean Water Act, • Section 14 of the Rivers and Harbors Act (33 USC 408), • Section 303(d) of the Clean Water Act, • General Bridge Act/Section 9 of the Rivers and Harbors Act, • Section 10 of the Rivers and Harbors Act, • Section 401 of the Clean Water Act, • Executive Order 11990, Protection of Wetlands, and a. Executive Order 11988, Floodplain Management. c. PCR for Historical Studies — Halff will complete a PCR for Historical Studies form for the proposed Project, which will be sent to TxDOT for review. The PCR form will provide information regarding the following: • Potential for the presence of historic -age properties in the Project's Area of Potential Effects (APE). • A review of the Texas Historical Commission's (THC) online Historic Sites Atlas to identify previously recorded historic sites within the APE. • The PCR form will include attachments with maps of the proposed project limits and the project APE. d. Archeological Background Study — An Archeological Background Study shall be produced by a professional archeologist. The Archeological Background Study will include the following: • Definition of the APE which includes existing (ROW), all proposed new ROW, easements (temporary and permanent), and any other project -specific location designated by the State, as well as consideration of the likely depth of impacts resulting from the proposed Project. • Review of existing data, including but not limited to the Texas Archeological Sites Atlas, geologic maps, soil maps, aerial photographs, and historic maps. • Identification of areas that require field investigation to evaluate the Project's effects on archeological resources (including cemeteries) and areas in which the proposed Project would have no effect on archeological resources and cemeteries. The Archeological Background Study shall identify any areas where field investigations are recommended. e. Hazardous Materials Initial Site Assessment — Halff will complete a Hazardous Materials ISA for potential hazardous materials impacts. The ISA shall determine the potential for encountering hazardous materials in the study area, including possible environmental liability, increased handling requirements (e.g., soil or groundwater), and potential construction worker health and safety issues. City of Fort Worth, Texas Page 19 of 24 Attachment A PMO Release Date: 02.06.2015 Page 19 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® The ISA shall include the following: • Determination of the appropriate project -specific level of inquiry for the ISA. • Consideration of the project design and ROW requirements, including project excavation requirements, anticipated ROW acquisition, and the demolition or modification of structures. • Copies of list search reports, maps depicting locations, photographs, recommendations, and any other supporting information gathered to complete the ISA. Should the findings of the ISA conclude that additional investigation, special considerations, or other commitments from TxDOT or the project sponsor are required during project development, Halff shall review those findings with the Client and TxDOT. ASSUMPTIONS • TDLR Permit preparation will begin after approval of the 90%/95% Design. • ENGINEER will pay TDLR project registration, plan review, and final inspection costs. • Permits are not included in this scope of work. • Technical reports or applicable documentation for the following items are excluded from this scope of services: air quality, community impacts, noise, wetland delineation report, Section 404/10 impacts table, indirect impacts, and cumulative impacts. This scope of work also excludes any coordination or documentation associated with the Parks and Wildlife Code, Chapter 26 and Natural Resources Code, Chapter 183. This scope of work does not include preparation of a research design, scope of work performing a reconnaissance or intensive survey (i.e., on the ground or archival research for historic structures/districts and archeological resources), evaluation of National Register of Historic Places (NRHP) eligibility for non - archeological historic resources, archeological resources, evaluation of effects on NRHP-eligible or -listed sites, development of mitigation plans, or Section 4(f) evaluations. • A notice and opportunity to comment, public meeting, and/or public hearing are not included in this scope of work. • Effort to obtain right -of -entry from public or private landowners to allow for the completion of environmental services is not included in this scope of work. • This scope of work does not include threatened or endangered species surveys or Section 7 consultation with the USFWS under the Endangered Species Act. • Preparation of a Preconstruction Notification (PCN), mitigation plan, or a U.S. Army Corps of Engineers (USACE) Section 404 Individual Permit Application is not included in this scope of work. City of Fort Worth, Texas Page 20 of 24 Attachment A PMO Release Date: 02.06.2015 Page 20 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 FORT WORTH® If TxDOT or a regulatory agency requires additional information other than that specified in this scope of work, then a supplemental services agreement will be required. DELIVERABLES A. Copies of TDLR Permit Applications B. Copies of TDLR Approved Permits C. Scoping Documentation and Technical Reports. City of Fort Worth, Texas Page 21 of 24 Attachment A PMO Release Date: 02.06.2015 Page 21 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 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 SUE Data • The ENGINEER's Surveyor shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 10.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, 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 Page 22 of 24 Attachment A PMO Release Date: 02.06.2015 Page 22 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 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 ENGINEER's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the City will be Quality checked prior to submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in Buzzsaw. DELIVERABLES A. QC/QA documentation City of Fort Worth, Texas Page 23 of 24 Attachment A PMO Release Date: 02.06.2015 Page 23 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 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: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to the development and execution of a Local Project Advance Funding Agreement (LPAFA) with TxDOT. • Services related to meeting any TxDOT DBE/HUB goals are not included. This contract assumes that the ENGINEER is meeting the City of Fort Worth MWBE requirements. • Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the Project as requested by the CITY. City of Fort Worth, Texas Page 24 of 24 Attachment A PMO Release Date: 02.06.2015 Page 24 of 24 Intersection Improvements at N. Beach Street and Wester Center Blvd CPN 104038 ATTACHMENT B COMPENSATION Design Services for Intersection Improvements at N. Beach St. and Western Center Blvd. City Project No. 104038 Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Each labor category rate may include a number of specialties. Labor category specialties are provided below. Labor Category 2023 Rate $/hour 2024 Rate $/hour QA Manager 265.00 278.25 Project Manager 250.00 262.50 Project Engineer 205.00 215.25 EIT 130.00 136.50 CADD 143.00 150.15 Environmental Project/QC Manager 200.00 210.00 Senior Environmental Scientist 141.00 148.05 Mid -Level Environmental Scientist 123.00 129.15 Junior Environmental Scientist 95.00 99.75 RPLS 165.00 173.25 Survey Tech 125.00 131.25 Survey Crew 2-Person 175.00 183.75 Administrative 105.00 110.25 ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 4 Intersection Improvements at N. Beach Street and Western Center Blvd CPN104038 LIM ATTACHMENT B COMPENSATION 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. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 2 of 4 Intersection Improvements at N. Beach Street and Western Center Blvd CPN104038 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Halff Associates, Inc. Project Management and $146,643.00 85.35 Design Proposed MBE/SBE Sub -Consultants AIRS Engineers, Inc. SUE (QL-D,C,B) $15,179.00 8.83 Non-MBE/SBE Consultants AIRS Engineers, Inc. SUE (QL-A) $10,000.00 5.82 TOTAL $ 171,822.00 100% Project Number & Name Total Fee M/WBE Fee M/WBE % CPN 104038 $ 171,822.00 $ 15,179.00_ 8.83% N. Beach St. and Western Center Blvd. Highway Safety Improvement HSIP City M/WBE Goal = _8_% Consultant Committed Goal = _8.8_ % City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 3 of 4 Intersection Improvements at N. Beach Street and Western Center Blvd CPN104038 LIM EXHIBIT "13-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 4 of 4 Intersection Improvements at N. Beach Street and Western Center Blvd CPN104038 C d � E E 3 / ■%§ 2 ( E & 0 i % ; 0- r Wu z /Y,__000 ) E kf|]]) / v /2/22] 22 = I ■$ J/ 7ƒ $> J# G` k�2\ \§A} «« )) E E0 ƒJ= § ± � � k e \ k 2 9 LL k \ co 3: k j f \ ! cc z z | ( J} /{o \\\\\\ /\\A0<. 40, \ \ \ ; § § LU R � e J\ }} }m ol }\\ � � ) !k ) fƒ§ _ -. /!% = _ §k �\ \_ - 77 /o \ \\/ \\\\ \ 2 §§ § \ mb k )) 0U 2 a)A E m / @ : E k _/ % c $_: —°n 1 : ccl 2 cc■%§ § &)i%(; \ 2)E D LD � �to �k� ��� 2 k IL avkM3eL z /2/22/ 22= � (§ u£ 7ƒ k> J# �EE o cq fE k0 E !R 2E \z !0 &E 2 % 3 � a � _ a j-" k ƒ tm k a k 3 N z m U C N E U O d � C) 0 C i C 'O w VJ N 4% L W y co 0 N O Q C O d � c O N E O Z N w 0 O. Z N Gi G> F d m Q O IL O Y o >, u E o a. IL I3: m O U # E O r2 O 5 LL ~ a > m m m 5i N C 3O p d d d d d d O 0 u a a5,2 2 0 = 3 cc a> > mmarnu> E� dm �u du O 3> U � a >, V N O O O C > y v, a` c � a ay d c oa 'o J G E Q U C w m E m d m m o p Q Q C O C E 3 O i C a Q C d E a C Z £ Z Q t N C J (D O cn Q a C .Q U m p U) w f� IL J\ }ol \� 0 \00 IV 0 CL . 7 ƒZ § 2t § m f !CO CO3 D )f 2 m = >§ ] /\ } I 2 J§ \ \\\) f / \ S _ / \ j § 7 co] \ a § / > m j ; ; § § § §� ?� z k00' \ / �) wkkk n a IL e Ca oCOM ataCL§/� /a //\A aok=3 Q 7© E] � C ) J_ ]f \\Q a� �CL /E � G� E \E k0 E E �E EZ E &E $� k � � � a J\ /} )� > OW Ems` \ \ L0 . 7ƒa § _ \ co/mot !( :$ \);, _- !P - &'!7 / _ �§ In a. \ . § (! � I z )k § ? / § � U) (1)00 ! \ � k \ ( } CO) %&$ty k \ / �)�kkR v CL k==!�> Ja. oo»of § IL a§3:MbIf 0 CL aa_ �e |2 � kf J- 7f kk EIL I� �EE o k\a fE k0 E E cE EZ E |E a� k � § � a m Z is E _U 0 c > O i - U Ul N U 4) L 00 0 V N o a L C - (J N E m a Z cn U T ? V R m a% F a) m u Q. Y o p w O d a.0 LL U a U C a7 C m m m N m C V � O 3 > U � a >, u �+ 3 > O C > _ y sir a` c � U a7 L Q a U) a CD c p m 0 F C O J O Q U C 0 a) � c r 3 m m 00 0 as C O C a0 O C £a a C d v C O E Z a C y CD C 7 a) E a) as .QO G cn R a D N_ L H to R O ■iiliiil�,llllii ■�11�� i■i�lll�i E nN ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A Design Services for Intersection Improvements at N. Beach Street and Western Center Blvd City Project No. 104038 No change to the standard agreement Intersection Improvements at N. Beach Street and Western Center Blvd. CPN 104038 ■ 5. � 2 = \ | } � )§{ � ■ `�• ® [ \ \ \ \ \ \ \ \ \ \ !! 4 , « 4 , ; 4 4 K ; , ■ « ; 4 # » ■ , ! 4 & , 4 4 , « ■ r �� - ' �3 \ \ ` ) } \ ° §� ATTACHMENT E NORTH BEACH STREET AND WESTERN CENTER BOULEVARD INTERSECTION IMPROVEMENTS { 6 S3�sstiw..4 Boulevard. Passyeood 8oulevar reek SQUIcyard C a rvlL!rd.HI I , S y ITl t3iRar"info Western Celi[rr Rc.0 ward Haltom City. Estes Park R01-1d US 37 'a 41 4�0 � 0 i 5stiti�ot 16ssil �) w e fxor�_.,. n Ascent z of HJq Pointe Q d! r4 111 V'ee 1 1 1 e e n = 5pring'Idke f*a�' # e pIESTERN CENTER R:flad :r - Gleryw'" r� ti _ BOULEVARD • Y. Y,{/js C- Cu C CL fl ° i. I° °z '�e1Ler Road c q - 14e�1 m s I. I WSSII �t2Cs`B4� I o o a o o a DETAIL OF PROJECT LOCATION Copyright 2023 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data. 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. 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 Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directorsand employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may 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 coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 Client#: 246337 HALFF ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 1/25/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 CONTACT Rebecca Egan PHONE 770-670-5355 FAX A/C No Et): A/C, No): ADDRESS: rebecca.egan@greyling.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: National Union Fire Ins. Co. 19445 INSURED INSURER B : The Continental Insurance Company 35289 Halff Associates, Inc. 1201 N. Bowser INSURER C :New Hampshire Ins. Co. 23841 Allied World Surplus Lines Ins INSURER D : p 24319 Richardson, TX 75081 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 22-23 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSRL SUBR WVD POLICY NUMBER MM/DDY/YEY FF MM/LDDY� LIMITS A X COMMERCIAL GENERAL LIABILITY GL5856923 08/01/2022 08/01/2023 EACH OCCURRENCE s2,0001000 CLAIMS -MADE OCCUR FU7PREMISES Ea occur ante $500,000 MED EXP (Any one person) $25,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY � J LOC PRODUCTS - COMP/OP AGG $4,000,000 $ OTHER: A AUTOMOBILE LIABILITY CA5717893 8/01/2022 08/01/202 Ea aocid Dn SINGLE LIMIT 2,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED ONLY X NON -OWNED AUTOS ONLY B X UMBRELLA LIAB X OCCUR 7034027549 08/01/2022 08/01/2023 EACH OCCURRENCE $5 00O 000 AGGREGATE s5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $1 O 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITYTUTE ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? F_N] (Mandatory in NH) N/A WC014195843 8/01/2022 08/01/2023 X I PER OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional 03113813 8/01/2022 08/01/202 Per Claim $1,000,000 Liability incl. Aggregate $2,000,000 Pollution DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: AVO: 47647.001, City of Fort Worth Intersections: Beach Street and Western Center Blvd. City of Fort Worth is named as an Additional Insured with respects to General Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Fort Worth 200 Texas Street Fort Worth, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE .K/�/ 7 ACORD 25 (2016/03) 1 of 2 #S5214990/M4870703 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD REGO1 DESCRIPTIONS (Continued from Page 1) Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. SAGITTA 25.3 (2016/03) 2 of 2 #S5214990/M4870703 ENDORSEMENT This endorsement, effective 12:01 A.M. 08/01/2022 forms a part of Policy No. CA5717893 issued to Halff Associates, Inc. by NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH , PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM .gm4i:nl II F ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON'S OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO. I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. r AUTHORIZED REPRESENTATIVE 87950 (9/14) Includes copyrighted information of Insurance Services Office, Inc., Page 1 of 1 with its permission. This page has been left blank intentionally. ENDORSEMENT This endorsement, effective 12:01 A.M. 08/01/2022 forms a part of policy No. CA5717893 issued to Halff Associates, Inc. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. AUT ORIZED REPRESENTATIVE 62897 (6/95) This page has been left blank intentionally. POLICY NUMBER: GL5856923 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 ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - 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 0 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 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 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 ❑ POLICY NUMBER: GL5856923 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 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: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribu- tion from any other insurance available to the additional insured. CG 20 01 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 This page has been left blank intentionally. POLICY NUMBER: GL5856923 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. 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 Sec- tion IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing opera- tions or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ This page has been left blank intentionally. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. This endorsement, effective 12:01 AM08/01/2022 Issued to Halff Associates, Inc. By NEW HAMPSHIRE INSURANCE COMPANY forms a part Of Policy NO. WC014195843 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. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah. WC 00 03 13 Countersigned by (Ed. 04/84) Authorized Representative This page has been left blank intentionally. City of Fort Worth, Mayor and Texas Council Communication DATE: 12/13/22 M&C FILE NUMBER: M&C 22-1042 LOG NAME: 2023 ENGINEERING CONTRACT FOR N BEACH & WESTERN CENTER SUBJECT (CD 4) Authorize Execution of an Engineering Services Agreement with Halff Associates, Inc. in the Amount of $171,822.00 for the Intersection Improvements at North Beach Street and Western Center Boulevard Project (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of an engineering services agreement with Halff Associates, Inc. in the amount of $171,822.00 for the intersection improvements at North Beach Street and Western Center Boulevard project (City Project No. 104038). DISCUSSION: This Mayor and Council Communication (M&C) is to authorize an engineering services agreement with Halff Associates, Inc., for the intersection improvements at North Beach Street and Western Center Boulevard project (City Project No. 104038). This firm 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 the RFAI process this summer, which resulted in Halff Associates, Inc. being selected for this project (City Project No. 104038). This project's scope includes traffic signals rebuild incorporating Accessible Pedestrian Signals (APS), constructing American with Disabilities Act (ADA) ramps, intersection safety lighting, and refreshing or modifying pavement markings at the intersection. The project aims to create a cost-effective solution to improve efficiency while increasing visibility, safety, and traffic flow. The project will be let 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 project: Fund Existing Funding Additional Funding Project Total 2022 Bond Fund $325,000.00 $0.00 $325,000.00 Total $325,000.00 $0.00 $325,000.00 Funding is budgeted in the TPW Dept Highway & Streets Department's 2022 Bond Program Fund for the purpose of funding the N Beach & Western Center Intersection 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: Compliance with the City's Business Equity Ordinance has been achieved by the following method: Halff Associates, Inc. is in compliance with the City's Business Equity Ordinance by committing to 9% Business Equity participation on this project. The City's Business Equity goal on this project is 8%. The project is located in COUNCIL DISTRICT 4. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the N Beach & Western Center Inter project to support the approval of the above recommendation and execution of the agreement. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. William Johnson 5806 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 104038-E PAG-Intersection Improvements at N . Beach Street and Western Center Blvd (HSIP) Final Audit Report 2023-02-16 Created: 2023-02-07 By: Andrea Munoz (And rea.M u noz@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAAHogwVfQrSwffeGlxZlcUu6Rc535HkHkU "104038-EPAG-Intersection Improvements at N. Beach Street a nd Western Center Blvd (HSIP)" History Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2023-02-07 - 7:57:50 PM GMT- IP address: 204.10.90.100 Document emailed to Catrina.Delgado@fortworthtexas.gov for filling 2023-02-07 - 8:12:40 PM GMT Document emailed to dburkett@halff.com for signature 2023-02-07 - 8:12:41 PM GMT Document emailed to deirdre.oneal@fortworthtexas.gov for approval 2023-02-07 - 8:12:41 PM GMT Email viewed by Catrina.Delgado@fortworthtexas.gov 2023-02-07 - 8:13:11 PM GMT- IP address: 204.10.90.100 cj Signer Catrina.Delgado@fortworthtexas.gov entered name at signing as Catrina Delgado 2023-02-07 - 8:13:44 PM GMT- IP address: 204.10.90.100 u Form filled by Catrina Delgado (Catrina.Delgado@fortworthtexas.gov) Form filling Date: 2023-02-07 - 8:13:46 PM GMT - Time Source: server- IP address: 204.10.90.100 Email viewed by dburkett@halff.com 2023-02-07 - 8:21:51 PM GMT- IP address: 52.206.70.14 Signer dburkett@halff.com entered name at signing as David A. Burkett 2023-02-07 - 8:34:40 PM GMT- IP address: 47.44.57.131 Document e-signed by David A. Burkett (dburkett@halff.com) Signature Date: 2023-02-07 - 8:34:42 PM GMT - Time Source: server- IP address: 47.44.57.131 FORTW❑RTHg I Pave "Y Adobe Acrobat Sign Email viewed by deirdre.oneal@fortworthtexas.gov 2023-02-11 - 2:30:52 PM GMT- IP address: 204.10.90.100 Signer deirdre.oneal@fortworthtexas.gov entered name at signing as Deirdre O&#39;Neal - Risk Management 2023-02-11 - 2:33:46 PM GMT- IP address: 204.10.90.100 Document approved by Deirdre O'Neal - Risk Management (deirdre.oneal@fortworthtexas.gov) Approval Date: 2023-02-11 - 2:33:48 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Iskal.Shrestha@fortworthtexas.gov for signature 2023-02-11 - 2:33:50 PM GMT Email viewed by Iskal.Shrestha@fortworthtexas.gov 2023-02-12 - 0:48:58 AM GMT- IP address: 76.233.66.251 Signer Iskal.Shrestha@fortworthtexas.gov entered name at signing as Iskal Shrestha 2023-02-12 - 0:49:43 AM GMT- IP address: 76.233.66.251 Document e-signed by Iskal Shrestha (Iskal.Shrestha@fortworthtexas.gov) Signature Date: 2023-02-12 - 0:49:45 AM GMT - Time Source: server- IP address: 76.233.66.251 Document emailed to Chad.Allen@fortworthtexas.gov for filling 2023-02-12 - 0:49:47 AM GMT Email viewed by Chad.Allen@fortworthtexas.gov 2023-02-15 - 1:15:49 AM GMT- IP address: 204.10.90.100 Email viewed by Chad.Allen@fortworthtexas.gov 2023-02-16 - 2:33:20 PM GMT- IP address: 204.10.90.100 Document declined by Chad.Allen@fortworthtexas.gov Decline reason: The rate table and LOE in this contract need to be modified. I've talked to the PM about this and we will get it corrected before we route it again. 2023-02-16 - 2:34:24 PM GMT- IP address: 204.10.90.100 FORTW❑RTHg I "Ibv Adobe Acrobat Sign FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Intersection Improvements at N. Beach Street and Western Center Blvd (HSIP) M&C: 22-1042 CPN: 104038 CSO: DOC#: 1 Date: To: Name Department Initials Date Out 1. Catrina Delgado TPW - initial Coo Feb 7, 2023 2. David A. Burkett Consultant - Signature oAg Feb 7, 2023 3. Iskal Shrestha TPW - Signature ss Feb 11, 2023 4. Chad Allen TPW -initial CC Feb 28, 2023 5. Lissette Acevedo TPW -initial Mar 6, 2023 6. TPW AD (Interim: Michael Owen) TPW - initial Mo Mar 6, 2023 7. TPW Dir. (Interim: Lauren Prieur) TPW - signature LL, Mar 6, 2023 8. Doug Black Legal - signature d14 Mar 7, 2023 9. William Johnson CMO - signature W, Mar 7, 2023 10. Jannette Goodall CSO - signature TSGJSG Mar 8, 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 SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Updated 12.07.2022, mdhm Return To: TPWContractskFortWorthTexas. oovv at ext. 7233 or 8363, for pick up when completed. Thank you!