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HomeMy WebLinkAboutContract 59636CSC No. 59636 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 Kleinfelder, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Water and Sanitary Sewer Replacement Contract 2022 WSM-N —Project No. 104610. 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 11 Compensation The ENGINEER's compensation shall be in the amount up to. $397,620.00 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 W&SS Repl. Contract 2022 WSM•N Standard Agreemenl for Engineering Related Design Services 104610 Revised Date: November 23, 2021 Page 1 of 15 OFFICIAL RECORD 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 costlexecution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas MSS Repl. Contract 2022 WSM-N Standard Agreement for Engineering Related Design Services 104010 Revised pate: November23, 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, Cily of Fort Worth, Texas W&SS Repl. Contract 2022 WSM•N Standard Agreement for Engineering Related Design Services 104610 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 Foit Worth, Texas W&SS Repl. Conlract 2022 WSM-N Standard Agreement for Englneedag Related Design Services 104610 Revised oato; November 23. 2021 Pape 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 K 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 W&SS Repl. Contract 2022 WSM-N Standard Agreement for Engineering Related Design Services 104610 Revised Data: Novembar 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 respondeaf 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 W&SS Ropl. Contract 2022 WSM•N Standard Agreement for Engineering Related Design Services 1040it1 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 W&SS Repl. Contract 2022 WSM-N Standard Agreement for Engineering Related Design Services 104610 Revised Dale: November 23, 2021 Pago 7 of 116 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 W&SS Repl. Contract 2022 WSM-N Standard Agreement for Engineering Related Design Services 104810 Revised Date; November 23, 2021 Page 8 of 15 I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth, Texas W&SS Rapt. Contract 2022 WSM-N Standard Agreement for Engineering Related Vesign Services 104610 Revised Date: November 23, 2021 Pago 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 WRSS Repl. Contract 2022 WSM•N Standard Agreement for Engineering Related Deslgn Services 104610 Revised pate: Novemher23, 2021 Page 10 of 15 property infringement, or failure to pay as ubcontractor 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.1. 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 WRSS Repl. Contract 2022 WSM-N Standard Agreement for Engineering Related Design SeMeas 104610 Revised Dale, November 23, 2021 Page 11 of is 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 ENGINEER acknowledges that in accordance with Chapter 2274 of the City of Fort Worth, Taxes W&SS Repl. Contract 2022 WSM -N Standard Agreement for Engineering Related Design Services 104610 Revised Dale: Novamber 23, 20211 Page 12 of 15 Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O, Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it; (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S,B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. City of Fort Worth, Texas W&SS Repl. Contract 2022 WSM•N Standafd Agreement for Engineering Related Design Services 10461C Revised Date: November23, 2021 gaga 13 of 15 The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements City of Forl Worth, Texas W&SS Ropl. Contract 2022 WSM•N Slandard Agreement for Engineering Related Design Services 104610 Revised Date; November 23, 2021 Page 14 of 16 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 bA,ru, 8UP'lAdt Dana Burghd off (J{in 21, 20�2 10:13 CDT) Dana Burghdoff Assistant City Manager Date: Jun 21, 2023 qOF FORTpd ATTEST: g°' Vitro OVS =0 pPnx°°oo o°°♦d trdQ� nEups44ti Jannette S. Goodall City Secretary APPROVAL RECOMMENDED: �''.��uaa/cal. ��� By:Christopher arder(Jbn 14, 202309:14 CDT) Chris Harder, P. E. Director, Water Department APPROVED AS TO FORM AND LEGALITY 1 By: Mack (Jun 20, 202319:36 CDT) I Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: BY: ENGINEER Kleinfelder, Inc. - David R. Boes VP, Area Manager Date: 06.09.2023 Form 1 295 No. 2023-999863 M&C No.: 23-0399 M&C Date: 05/23/2023 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, n6radB�af�.�'�F� 2023.06.07 16:30:56-05'00' Abolfazi Zakersalehi, P.E. Project Manager city of Fort Worth, Texas Standard Agreement for Englneodng Related Dos)gn Services Revised Date: November 23, 2021 Page 15 of 15 W&SS Rep1. Contract 2022 WSM•N 104810 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENTA DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2022, WSM-N CITY PROJECT 110.:11046110 ATTACHMENT A Scope for Enaineerina Desian Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR WATER AND SEWER REPLACEMENT CONTRACT 2022, WSM-N CITY PROJECT NO.:104610 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. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7, ROW/Easement Services Task 8. Survey Task 9. Plan Submittal Checklists TASK 1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, * communicate effectively, e coordinate internally and externally as needed, and R 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 is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting City of Fort Worth, Texas AtlachmontA PMO Release pale: 07.23.2012 Page 1 of 1a ATTACHMENT A DESIGN SERVICES FOR WATER A140 SANITARY SEWER REPLACEMENT CITY PROJECT NO,:104810 • Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. The City shall lead the meetings and prepare Agenda, meeting minutes, or any required documentation. • Conduct review meetings with the CITY at the end of each design phase. Review meeting will consist of design staff and City staff sitting around a set of plans and discussing City's redlined marked up plans and agreeing on a path forward. • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Water 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 and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly MIWBE 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 • Project duration will be 12 months • 12 MWBE reports will be prepared • 4 meetings with city staff • 12 monthly water department progress reports will be prepared • 12 monthly project schedule updates will be prepared DELIVERABLES A. Design Phase Review Meeting summaries with action items B. Monthly invoices C. Monthly progress reports Oily of Foil Wof1h. Texas Attachment A PMD Release tale: 08.1.2014 Page 2 of 18 ATTACIAMITA DESIGN SERVICES FOR WAT ERAND SANITARY SEWER REPLACEM ENT CITY PROJECT 110„ 10460 D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly MIWBE Report Form and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 9) TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to Study the project, * Identify and develop alternatives that enhance the system, • Determine if replace in place or rehabilitation is preferred for each water and sewer line identified in the "Attachment E"R€€ • Determine if DDW separation requirements can be met with the existing alignments • Determine shut down restrictions (hospitals, fire stations, etc) Present (through the defined deliverables) these alternatives to the CITY Recommend the alternatives that successfully addresses the design problem, and ■ Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research known proposed improvements in conjunction with other known planned future improvements that may influence the project. • The ENGINEER will identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The data collection efforts will include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re- routing plans. • The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. If a meter, sample station or fire line cannot be located, the City will be notified and City forces will assist in locating the missing meter or other equipment. City of Fort Worth, Texas AllachmentA ZO Release Oa(e: 08.1.2014 Pape 3 of 18 ATTACHMENTA DESIGN SERVICESFOR WATER ANO SANITARY SEWER REPLACEMENT CITY PROJECT NO.: t04610 2.2. Fire Line Reconnection 2.3. The Conceptual Design Package shall include the following: e Cover Sheet 0 Graphic exhibits and written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. a Conceptual alignment layouts in plan view will be provided, showing existing pipelines and proposed alignments and spacing between water and sewer lines. Concepts will include replace in place versus parallel construction, or rehabilitation. o Preferred pipe material will be discussed. 0 Proposed phasing of any water and sanitary sewer work that is included in this project documented in both the project schedule and narrative form. • Documentation of key design decisions. o Estimates of probable construction cost for two alternatives will be developed. ASSUMPTIONS A Electronic copies of the conceptual design package (30% design) will be electronically delivered. • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw a ENGINEER shall prepare the meeting minutes of the Concept Review meeting and revise the report, if needed. 0 ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. • ENGINEER will receive review comments on the Draft Conceptual Review Package which will be incorporated into the Final Conceptual Review Package DELIVERABLES A. Electronic copies of Draft Conceptual Design Package. City of Fort Worth, Texas Atlachme nt A PMO Release Date: 00.1.2014 Page 4 of 11 ATrACIIMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENT CITY PROJECT NO.:104610 TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet A Proiect Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400, The following information shall be indicated for each Control Point: Identified (existing City Monument 48901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall Proiect easement layout sheet(s) with property owner information. • Overall Proiect water and/or sanitary sewer lavout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. • Overall water and/or sanitary sewer abandonment sheet. • Coordinates on all P.C.'s, P.T.'s, P.L's, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. • Bench marks per 1,000 ft of plan/profile sheet -- two or more. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Plan and profile sheets which show the following: proposed water and/or sanitary sewer planlprofile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. City of For(Worth, Texas AttachmentA PMO Release Oate: 0B.1.2014 Pago 5 of 18 ATTACN6IENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACELIENT CITY PROJECT NO,:104610 The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. if the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE. investigation has been performed). The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de - hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. • Provide map showing location of new manhole construction at the end of existing sewer segments, 90 degree bends, or tee connections. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract documents shall specify that it is the Contractor's responsibility to coordinate utility location, etc. manhole construction. • The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-section of the CITY's specifications. These may included connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. 3.2. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CiTY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CiTY's comments from the field visit and submit this information to the CiTY in writing. 3.3. Utility Clearance City of Fortworlh, Texas AtlachmenlA PMO ReleaseDate: 00.1.2014 Page 6 of 10 ATTACHMENTA DESIGN SERVICES FOR WATER AND SANITARY SEVIER REPLACEMENT CITYPRO,IECT 140.: MMO The ENGINEER will consult with the C1TY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. 3.4, Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract documents. • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. ASSUMPTIONS •—1_public meeting(s) will be conducted or attended during the preliminary design phase. • Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an additional ^10lproject specific traffic control sheets will be developed. • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw, including an electronic format (PDF) will be transmitted via email for all applicable submittal during this task 3 submital. • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. City of Fort Worth, Texas AtlachmentA PMO Release pate:08A.2014 Page 7 of 18 ATTACRMENTA DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENT CITY PROJECT 110.:104610 DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Traffic Control Plan D. Storm Water Pollution Prevention Plan E. Estimates of probable construction cost F. Data Base listing names and addresses of residents and businesses affected by the project. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor, Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw, including an electronic format (PDF) will be transmitted via email for all applicable submittal during this task 4 submittal. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. City of Fort Worth, Texas Attachment A P MO Relea so Rate: 00.1.2014 Pogo 8 of 18 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENT CITY PROJECT NO.:104610 • [Engineer to provide estimated final sheet list (coverlindex, general notes, control point location, easement layout (if necessary), no, of plantprofiles, special detail sheets, etc.)] DELIVERABLES A. 90% construction plans and specifications in an electronic format. B. 100% construction plans and specifications in an electronic format. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. TASK 6. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • Contract documents shall be uploaded in a .xls file. Unit Price Proposal documents are to be created utilizing CFW Bidtoois only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and Awf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Flan Holder Registrations in Buzzsaw. The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. City of Fort Worth, Texas Atlachmenl A PMO Release Onto: 08.1.2014 Page 9 of 18 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENT CITY PROJECT 110.: 10d610 • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. • Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings 1) Final Design Drawings shalt be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: 1. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "—org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf 11. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_orgl8.pdf Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in Buzzsaw. City of Fort Worth, Texas Attachment A PMO Release pate: 00.1.2014 Page 10 of 18 ATTACNf,IENTA DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENT CITY PROJECT NO,: 046t0 2) In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows; I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name — °W-1956—SHT01.dwg", "W- 1956_SHT02.dwg", etc. II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name — "X- 12155_SHT01.dwg", "X-12755_SHT02.dwg", etc. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS O The project will be bid only once and awarded to one contractor. • _1 sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • An electronic format will be delivered to the city. e PDF, DWF and DWG files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. CFW Data Spreadsheet D. Recommendation of award E. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. City of Fort Worth, Texas Allachmettt A PMO Release Dale; 08.1.2014 Page 11 of 10 ATTACHMENTA DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENT CITY PROJECT NO.:1D400 ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. a After the pre -construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. a The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. The ENGINEER shall attend the "Final" project walk through and assistwith preparation of final punch list 6,2 Record Drawings a The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As -Built Survey o Red -Line Markups from Contractor o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may City of Fort worth. Texas ARachment A PNIO Release Date: 08.1.2014 Page U of 18 ATTACHM ENT A DESIGN SERVICES FOR WATERAND SANITARY SEWER REPLACEMENT CITY PROJECT NO.: 1046t0 keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the mylars. 2) Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_rec47,pdf" where "W-1966" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, '147" shall be the total number of sheets in this file. Example: W-OO53_rec3.pdf and K-O32O—org5,pdf II. Water and Sewer file name example — "X-35667_rec36.pdf" where "X- 36667" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "36" shall be the total number of sheets in this file. Example: X-12755—recl8.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawings folder in Buzzsaw. ASSUMPTIONS 10 RFI's are assumed. —2_Change Orders are assumed DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders D. Final Punch List items TASK 7. ROWIEASEMENT SERVICES, City of Fort Worth, Texas AttaclrnientA PMO Release pate: OB.1.2014 Page 13 of 18 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENT CITY PROJECT NO.:104610 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 U The ENGINEER shall determine rights -of -way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. Y The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition 0 The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 7.3. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare and submit Temporary Right of Entry documents for landowners to CITY PM for real property acquisition. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. A The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • —0 Easernents or right-of-way documents will be necessary. • 0 Temporary right -of -entry documents will be necessary. • Right -of Way research and mapping includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. B. Temporary Right of Entry Letters TASK 8. SURVEY SERVICES. City of Fort Worth, Texas AtlaclrmentA PMO Release Dale: 08.1.2014 Pago 14 or 18 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENT CITY PROJECT NO.:T0 GM ENGINEER will provide survey support as follows. 8.1. Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 518" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. C. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall prepare and submit Temporary Right of Entry for landowners to CITY PM. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS City of Fart Worth. Texas Attachment A PMO Release Date:08.1.2014 Page 115 of 18 ATTACHMENT A DESIGN SERYIcEsroR WATER AND SANITARY SEWER REPLACEMENT CITY PROJECT NO.-. tO4610 Topographic survey at intersection will include no more than 100 ft. in each direction from centerline or 50 ft each direction from ROW. DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. TASK 9. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Traffic Traffic Traffic Traffic Street Water Traffic Control Control Control Attachment "A" Signal Storm Storm Lights !Sewer Engineeing 30% 60% 90% Type (Subnli�t All Water Water (Submit (Submit (Submit All l5ubrnl! All 30 /o 30% 60% All Q All Q Q 60%) 30% 60%) Required for all work In Clly ROW Water f Sewer X 1 X X *If included in street project ASSUMPTIONS City to provide submittal checklist for 60%. DELIVERABLES A. A submittal checklist will be incorporated into 60% design submittal. B. Traffic Control Plan checklist will be provided for 60% and 90% design submittals. ADDITIONAL. SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES City of Fort Worth, Texas Attachment A PMO Release Dale: 08.1.2014 Page 16 of 18 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENT CITY PROJECT NO.:104610 Additional Services not included in the existina Scone of Services -- CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: entries. Negotiation of easements or property acquisition including temporary right -of - Services related to development of the CITY's project financing and/or budget. o Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. Y Construction management and inspection services • Periodic site visits during construction phase Design phase public meetings C Performance of materials testing or specialty testing services. e Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. U Services related to warranty claims, enforcement and inspection after final completion. Services related to submitting for permits (ie.TxDOT, railroad, etc...) Services related to Subsurface Utility Engineering Levels A, B, C or D Services related to Survey Construction Staking Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right -of -entries. 0 Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Construction Shop drawing review, samples and other submittals submitted by the contractor. 0 Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fart Worth, Texas Attachment A PMO Rol ease Dale: 08.1.2014 Page 17 of 18 ATTACHMENTA DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENT CITY PROJECT 1`40.:10460 • Services related to realignment of the Utilities studies are not included in the scope of work. The services, if needed will he provided with an additional cost. Services related to goo -tech investigation. City of Fort Worth, Texas AllachmentA PMO Release Date: 06.1.2014 Page 18 of 16 ATTACHMENT B COMPENSATION Design Services for Water and Sanitary Replacement City Project No. 104610 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sure fee of $397,620.00 as summarized in Exhibit B-1 — Engineer Invoice and Section 1V — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. ll. Method of Payment A, Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. 111. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Werlb, Texas Attachment B Revised Date: 12/9/2022 Page i of 3 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Kieinfelder, Inc. Design Consultant Proposed MWBE Sub -Consultants Gorrondona & Survey $71,195.00 Associates, Inc. Non-MWBE Consultants Project Number & Name 104610 & Water and Sanitary Replacement City MWBE Goal = 10% city of Folt Worth. Texas Allachmotlt 8 Revised Dale: 121912022 Page 2 of 3 Fee Amount $326,436 82.1 % 17.9% TOTAL $ 397,620 100% Total Fee MWBE Fee MWBE % 1 $ 397.620.00 $ 71.195 17.9% Consultant Committed Goal = 17.9 % EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Mtth, Texas nttacliment 8 Revised Crate: 121912022 Page 3 of 3 Professional Services Invoice ProjeetManager. 1Aboltaz ?ake- alehi I Summary Project: Water and Sanitary Sewer Replacements Contract 2022, WSM-N City Project T: �104610 City Sec Number. I I Supplier Instructions Fill in green cells including Invoice Number, From and To Dates and the included worlcher� Company Name: IKeinfelder, Ina I When your Invoice is complete, save and close, -tart Bu--aw and Add your invoice to the consultant folder within Project's folder. Supplier's PM: ICPN3wal I email: kl-rihWdn.com I Supplier Invoice #: I 4011 Office AddressJ7e05 Mesquite Bend, Suite 100, Irving, TX 75063 Payment Request --: 1 Telephone: I972868.5900 Service Date:From I I Fax: I, Service Date:To I Invoice Date: I Remit Address:) P.O.Sox S1958. Los Angeles. CA 900S7-6258 I Agreement LTD Agreement Amendment Amountto Completed Percent (S) Invoiced Sheet FID and Work Type Description Amount Amount Date Amount Spent Previously Work Tvpcl IV✓3:cr I S232.656.001 S232.666.00 I Work Tvpc 2 ISom:ary Sewer + S761.964.00 S164.954.00 Work Tvpc 3 1 Work Tvpc 4 I I Work Tvpc 5 I I I Work Type 6 Totals This Invoice $3976Y000 Overall Percentage Spent: Current Remaining Invoice Balance S232.556. DO S164.964.00 $397 620.00 Professional Services Invoice Project Manager. Abolfay2akoraIcN Project: Water and Sanitary Sewer Replacements Contra City Proiect T 104610 Work Type Desc. lWater I Supplicr Instruction: FID: I City Sec Number. Fill in green cells Including Percent Complete and Invoiced Previously Otonkic: Purchase Order I, When your Invoice 1: complete, save and close, star Bu=zw and Add your invoice to the Consular folder wv thin Projccrs folder. Company Name: Suppliees PM: CP Naval email: cnatvalnkleln!eldorxom Supplier Invoice T 4et Office Address: 780s Mesquite Bond. suite 100. Irving. TX 7S06" Payment Request;- 1 Telephone: 972.8685900 Service Date:From Fax: Service Date. -To Remit P.O.Box S1958. Los Angolos. CA 90051-6= Invoice Date: Address: Pay Items Agreement LTD Agreement Amendment Amendment Amount to Completed Percent (S) Invoiced Current Remaining Description Amount Number Amount Date Amount Spent Previously Invoice Balance 00-Dosicn Water Ow.Ian s2..2' .656.01 I I SMSS8.00 I 6212.Moc I Totals This Unit I Szazass.ao srz 666.00 osa_ss6.00 Overall Percentage Spent Professional Services invoice Project Maw9er. AbolfzJ Zakerarehl Project: Water and Sanitary Sewer Replacements Conti City Project» 104610 Work Type Desc: ISanitary Sewer I supplier lnctructior= FID: I l City Sec Number Fig In green cells including Percent Complete and Invoiced Previously chanties Purchase Order. I I WhenyourinvoiceI-.complete.saveandclose.startSu-z.-sawandAddyourhrvoicetothe consultant folder within Projects folder. Company Name: Supplier's PM: CP 1,12" email: enawalCklelydeldeccom Supplier Invoice ;9: cot Office Address: 76o5 mesquite Send. Subc 100. Irwng, Tx 75063 Payment Request*: 1 Telephone: 9729665900 Service Date:From Fax: Service Date:To Remit P.O.Sox 51959, Los Angetm, CA 90g52-62n Invoice Date: Address: Pay items Agreement LTD Agreement Amendment Amendment Amountto Completed Percent (S)Invoiced Current Remaining Description Amount Number Amount Date Amount Spent Previously Invoice Balance 30-0cs7on Sanitary sower OwIcn I S164,954.001 5154.954.00 I I I $164,964.00 Totals This Unit; 1 I I I I IIII I I I I I I I 9164.a64.00 st64_964.00 s164 464.00 Overall Percentage Spent: f CPC CitL�.: I n 3 1 £ I 4 rT- E st k -a �y N o� a I ;SI [ G 4 g N i r M I 5 � R E= T - � KW #fix se; !+�Kf�_Altxsyss� Kssr o rs 4^ S= Ir, YC LL'"� �$ Ei Y YYa ? E =`sad 5xa�€xIg 1w xp a� EF les'i ,r qq s P�xo s $°c_,� 9 S 339 999999 3959999 999 i9SS35 S99 993399S919 �]1 qF-w 21 � �3 = � - . N . M r . . .• < < r . . u V V . e v M V Y v r v - Y . ° v •• i � b v v I I. 'deco S3v�l $•� 'iS 5 __ ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Water and Sanitary Sewer Replacements City Project No. 104010 No Changes and Amendments to Standard Agreement. City of Fort Worth, Texas Attacltntent C PMO Release Me:05,t9.20W Page { of t WATER AND SEWER REPLACEMENT Project No. 104610 ATTACHMENT D Kleinfelder, Inc ID Arivry ID 7a-k Name Duration '%CnmpleriStart FinrS 120n.9 n25 -. -_ _. 043' 01-3 I 0223 C3 :3 xZ3 C1 '_- CJ',4 �:4 Ot25 1 COFW Water 6, Sewer Project No. 204UO _ —� - —. ._ SSS days 0% Fd V13/23 Thu 2J27/2S 3 20 Project / Contract AOrcement 71 day: 0% Fri 1/13/23 Fri 4/22/23 Fri 1/13/23 Project / Contact Agreement a propam lea Conoaa 4tsoemone ridays 0% FA Fri 5 =0 Select Consultant/Necodwe Fee& Scope 40 day 0% Fri 1/13/23 Thu 3/9/23 Fri 1/13/23 Select Con:ulnnt/ Negotiate Fee '.'. Scope 6 1120 M&C Process- De-icn 22 day 9% Fri 3110/23 Mon 4/10113 Fri 3/10/23 Enm_ M&C Process - Design 7—AM Award ACree ont- Desien 0 day: 0% Mon 411DM Man 4110/23 *j� 4/10 8 1240 ACreement Execution 9 day 0% Tue 4/11/23 F l4/21/23 Tue 4/'11/23Agreemen; Execution 1 9 . 10 30% eoncopow Dealpt 9o�ys O% Ff14/li/Y3 FtZLP2 M 11 30M Issue Deicn Notice to Proceed & lOckoff MeetinD 0 day O% Fri 4/21/23 Fri 4/21/23 i�4/21 12 3005 Dc-lc. Survey 20 days OY. Mon 4/24123 Fri 5/19/23 IYlon 4/24/23 TM Design Storey 13 3=0 Prepare Conceptual Desicn Dmwln= & Document; 70 dais D% Mon 4124123 Fri 7/2S/23 Mon 4/24123Prepare Conceptual Design Draw;ngs& Documents 14 3120 Submit Conceptual Plans 0 day 0% Fri 7/28/23 Fri 7/23/23 7/28 15 3130 Review CD"CPtual Plates 10 day 0% 0% Man 7131/23 Fri 9/11/23 Mon 7/31/711 Review Conceptual Plans 16 3:40 Incorporate Common= and Submit Revised Conceptual Drawlne. 1C day 0% Mon 8114/23 Fri 8/25/23 I Mon 8/I4/23 V, Incorporate Comments and Submit Revised Conceptual Drawings 60% Pre0mlaary Dejen 104 doy; 0% Mon 3123M Thu 1/1E/SR i r IS 3200 Prepare 60% Preliminary Plans & Speci0ations 80 day V. Mon 8/28/23 Fri 22/25/23 Mon 8/28/23 �r . Prepare 60% Preliminary Plans St Specificatiom: 19 i3210 60% Preliminary Pian & SpeGOcatlon Submittal 0 day- fix Fri 1L15123 Fri 12/15113 � 12/15 26 '3215 Submit Plans and Spec to ROW & UWlties 0 day OY. Fri 12/15/23 Fri 12/1S/23 �'12/15 21 13Z20 Review 60%Pre11minary Plan, and Specifications (CFW) 14 day 0% Mon WIV23 Thu 114124 Aon 1211810 T. Review 60% Preliminary Plans and Specifications (CFW) 22 3230 Keld Public MeetlnC- Dcsicn 1 day 0% Fri 2/S/24 ;H 3/S/24 Fri 1/S/S THeld Public Mccting - Dcsign �Duorporate 23 13240 incorporate Comments 10 day D% Fri l/S/24 Thu 1/1../24 Fri 1/S/2 L Comment; 24 3260 Preliminary DrJCn Complete 0 day. 0% Thu 1/18/24 Thu 1/18/24 25 --- - 90%Flml Desipt 80 daNs OS Fri SAs _ 26 :3300 _ _ Prepare 90% FnoI Plans and Speefationt 40 day 0% Fri 1129/24 Thu 3/14124 Fri 1119.24 Prepare 90% Final Plans and Specifintions 27 '3310 90% Final Plan and Specification Submittal 0 day: V. Thu 3/14124 Thu 3114124 14: 3/74 28 3320 Rwlcw 9DY. Final Plans and SxciSwaon- 15 days 0% Fri 3/15/24 Thu 4/4/24 I 1}i 3/7S/24 k Roview 90% Final Plan: and Speifica jons 29 3330 Incorporate Anal Comment[ 1S day 0% Fri 4/S/24 Thu 4/2S/24 Fri 4/S/24 Incorporate Final Commence 30 3340 Desi Cempletc -Slen&Seal 20 days 0% Fri 41204 Thu5/9/24 Fri4R6R4 Design Complete - Sigr.&Seal 313370 Establish MWBE Goal 10 day 0% Fel4/26/24 ThuS/9/24 Fri 4126/24*E-bbli;h MwBE Goal 32 3380 Prepare Bid ft kace 10 day- 0% Fri 4/26124 Thu S/9/24 Fri 4/26/24 tFAreparc Bid Package 33 ' 34 1600 Identify required Permits 40 days 0% Mon W28W Fri 10/2D123 Mon 8/28/23 IderrtiE required Permit 35 1605 Prepare Permits 80 days 0% Mon 10/23/23 Frl 2/9/24 Mon 10/23/23 11 1 Prepare PC—it: 36 1629 (Entity)Permittine- Submit, Review, Approve 100 day: V.. Mon 10/23123 Frl3/8/24 Mon 10/23/23 (Entity) Permitting - Submit Review. Approve 37 2630 Revlcw and Approve Permit SO days OY. Mon 2/12/24 Fri S/31/24 Men 2/2/24" Review and Approve Permit 39 1905 Review Plan, and Spec - Utilities 40 day 0% Mon 12/18nil Fri 2/9/24 40 1920 Utility Relocation 60 day OY. Mon 2/12/24 Fri 5/3/2c 4: 1940 Utilitle. Wmplew 0 days 0% Fri 513124 Fri S13/24 42 -43 80 construction 180 day C% Fri 6/204 Thu 2/27/S Trk Project Summary . Projea COFW Water M Sewer Replacement Spill..................... Iwctve task Prepared by. Chanakya Sah. PECFM Date Fri 313/23 %lenone ♦ Inact vc N.Jo sane Summery Inacm. S—y Page 1 Mon 12/18/23 a-1111111 Review Plans and Spec - Utilities Mon 2/12/24 �1 UUT.ty Relocation Fri 5/3/24 p Utilities Complete Fri 6/21/24- Manual Task Star.�ny C Dcad[nc Duntidroniy Fnr',—Iy Nogren Manual Summary k1lup Emrrol Tasks u>,1ual Progrrs W-1 Summary r . F:tcmal Wrucro Construction N —Iff.a sp 4 11 'I L. '. ' . " 1A. ATTACHMENT "F" CERTIFICATE OF INSURANCE WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2022, WSM-N City Project No. 104610 City of Fort Worth, Texas Attachment F Additional Insured -- Automatic -- Owners, Lessees Or ZURICH Contractors THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 6124594-01 I Effective Date: 04/01/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 11—Who Is An Insured is amended to include as an additional insured any person or organization wham you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10101 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1,a. above; or (2) "Your work", with respect to Paragraph 1.b, above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The insurance Services Office (ISO) iSO CG 20 10 (07104 edition); or b. The 150 CG 20 37 (07104 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U-GL-2162-A CW (02M9) Page 1 of 4 Includes copyrighted material of insurance Services Office, Inc., with Its pemisslon. in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (1) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (il) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04113 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting oil your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury", "property darnage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contractor written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04113 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "properly damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and U-GL-21 62-A CW (02119) Page 2 of 4 Includes copyrighled material of Insurance Services Office, Inc,, with its permission. (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 13. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other insurance Condition of Section iV — Commercial General Liability Conditions. - Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, clairn or "suit". This provision does not apply to any policy in which the additional insured is a Named insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. u-Gt.-2162-A cw (o2119) Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., vAIII its permission. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section iII -- Limits Of insurance: Additional insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contractor written agreement referenced in Section A. of this endorsement; 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. All other terms, conditions, provisions and exclusions of this policy remain the same, u-cr.-2162-A cw (o2/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., W111 ifs peMIISMon. 0 Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. I FIT. Dal. of Pol. IExp. Date of 110E 1Eli. Bate of Lind. Producer Mill Prem I ltehun Prem. f GL06124594-0! I 04/01/2022 p4/01/2023 l p 4/01/2022 I 4 1 THIS ENDORSEMENT CHANGES THE I101.ICY, PLEASE READ IT CAREFULLY. This elulorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest, t1-U-925-Q Cw (12101) Page 1 of 1 Coverage Extension Endorsement Policy No. Elf. Date of PoL Exp. Date of Pol. Eff, Hate of End BAP6124595-01 4101/2022 10 4/01/2023 104/0112022 0 ZURICH Producer No, MO. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who is An Insured 1. The following is added to the Who Is An Insured Provision in Section 11—Covered Autos Liability Coverage: The following are also "insureds": a, Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.I.a, and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form, 13. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section 11 — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings up to $500 a day because of time off from work, U-GA-424•F cW (04/14) Page 1 of 0 Includes copyrighted material of Insurance Services 01flce, Inc., with Its permisslon, C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section 11 — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage I. The following is added to the Racing Exclusion in Section Il —Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section Ill — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV -- Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss` (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2, of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto' of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3,a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: u-CA-424-F Cw (04114) Page 2 of fi includes copyrighted material of insurance Services Office, Inc„ witli its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000, i. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a, We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a, above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade, (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 8.4.a, of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured'; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss", U-CA-424-F CW (04114) Page 3 of G Includes copyrighted materiai of Insurance Services Office, Inc., with its permission. K. Airbag Coverage The Exclusion in Paragraph B.3.a, of Section Ill -- Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 13.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage -- Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $6.000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4, "Loss"; or 5. Destruction, 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos -- Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces, O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation), The failure of any u-cA-424->= cw (04114) Page 4 of G Includes copyrighted material of insurance Services Office, inc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. if you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee faired Autos -- Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form', or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto — World Wide Coverage Paragraph 7a,(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW (04114) Page 5 of G includes copyrighted material of Insurance Services Office, Inc., with Its permission. U, Expected Or intended Injury The Expected Or intended injury Exclusion in Paragraph B. Exclusions under Section it -- Covered Auto Liability Coverage is replaced by the following; Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage --Additional Temporary Transportation Expense Coverage Paragraph AA.a. of Section iII — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a, Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered autos for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or '"auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto', excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto', the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto' powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto` to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of toss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW (04l14) Page 6 of 6 Includes coppighled material of Insurance Services Office, inc., with Its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. WC 00 03 13 (Ed. 4-84) Q i983 National Council on ComponsaRon IIIsuPanc O. City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, May 23, 2023 REFERENCE NO.: **M&C 23-0399 LOG NAME: 60WSSC22WSMN-KLEINFELDER SUBJECT: (CD 2 / Future CD 2) Authorize Execution of an Engineering Agreement with Kleinfelder, Inc. in the Amount of $397,620.00 for the Water and Sanitary Sewer Replacement Contract, 2022 WSM-N Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years 2023-2027 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an engineering agreement with Kieinfelder, Inc. in the amount of $397,620.00, for Water and Sanitary Sewer Replacement Contract, 2022 WSM-N project; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $556,978.00 from available funds, for the Water and Sanitary Sewer Replacement Contract, 2022 WSM-N (City Project No. 104610) to effect a portion of Water's contribution to Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize the preparation of plans and specifications for sanitary sewer and water main replacements on the following streets, and easements: 4 Street From To Scope of Work Neches Street Terminal Road I Deen Road 1 �IVater/Sewer fI Runnels Terminal Beaumont Street WaterlSewer Street Road ! I II Grover Avenue erminal Road asper Street Water/Sewer 11 I Fontaine Street erminal Coad i asper Street ySewer �I Terminal (Road Runnels Deen Road Water 11 Street Terminal 160 feet south of 36th Deen Road Road Street Water/Sewer 1y Jasper Street ;Zwolle Street I Deen Road 11Sewer In addition to the contract amount, $159,358.00 (Water: $118,483.00; Sewer: $40,875.00) is required for project management, real property acquisition, utility coordination, and material testing. This project will have no impact on the Water Department's operating budget when completed. The sewer component of the project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants, The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2023-2027 Capital Improvement Program, as follows: 6OWSSC22WSMN-KLEINFELDER Capital Project FY2023 CIP Fund Name Appropriations Authority Budget Change Revised (Increase/Decrease) FY2023 Name { Budget W&S 104610 Capital WISS Projects Re I Contract Fund 2022 WSM-N 56002 $0.00 This M&C $556,978.00 '$556,978.00 Funding is currently available in the Unspecified -All Funds project within the Water & Sewer Capital Projects Fund for the purpose of funding the WISS Repl. Contract 2022 WSM-N project. Appropriations for Water and Sanitary Sewer Replacement, Contract 2022 WSM-N, are as depicted below: Fund Existing Additional f Project I }1 Appropriations Appropriations II Total* W&S Capital Projects - Fund $0.00 $556,978.00 $556,978.00 56002 Project Total II $0.00� $556,978.0011$556,978.00 *Numbers rounded for presentation purposes. BUSINESS EQUITY OFFICE: Kleinfelder, Inc. is in compliance with the City's Business Equity Ordinance by committing to 18 percent MWBE participation on this project. The City's MWBE goal on this project is 10 percent. The project is located in COUNCIL DISTRICT 2 and FUTURE COUNCIL DISTRICT 2. FISCAL INFORMATION 1 CERTIFICATION: The Director of Finance certifies that funds are available in the Unspecified -All Funds project within the W&S Capital Projects Fund, and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the WISS Repl Contract 2022 WSM-N project to support the approval of the above recommendations and execution of the engineering agreement. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs).. TO Fund Department ccount Project ctivity Budget Reference # l mounta ID Jprograml ID Year (Chartfield 2) FROM Fund Department ccount Project �Proqraml ctivity Budget Reference # IP mound r Year (Chartfteld 2) I 1 CERTIFICATIONS: Submitted for Citv Manager's Office by.,, Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Abolfazl Zakersalehi (8695) ATTACHMENTS 1. 6OWSSC22WSMN-KLEINFELDER 1295.pdf (CFW Internal) 2.60WSSC22WSMN-KLEINFELDER Compliance Memo.pdf (CFW Internal) 3. 6OWSSC22WSMN-KLEINFELDER F1D Table (WCF 04.06.23).xlsx (CFW Internal) 4. 60WSSC22WSMN-KLEINFELDER FID Table (WCF 04.26.23).xlsx (CFW Internal) 5. 60WSSC22WSMN-KLEINFELDER MAP.lodf (Public) 6. 60WSSC22WSMN-KLEINFELDER.docx (CFW Internal) 7. Kleinfelder valid SAM search W03).pdf (CFW Internal) 8. ORD.APP 60WSSC22WSMN-KLEINFELDER 56002 A023(r2).docx (Public) 9. PBS CPN 104610.Ddf (CFW Internal) 60WSSC22WSMN-KLIENFELDER FID Table 2 56002 0600430 14956001 I UNSPEC 2 56002 0600430 I 104610 2 56002 1 0600430 UNSPEC 2 56002 I 0700430 4956001 104610 2 56002 0711430 4956001 UNSPEC �If 2 56002 0700430 I 104610 2 I 56002 0700430 UNSPEC 2023 2023 2023 2023 2023 2023 2 56002 0600430 4956001 UNSPEC UNSPEC 9999 2 56002 I 0600430 4956001 104610 001730 9999 2 56002 0600430 4956001 UNSPEC UNSPEC I 9999 2 56002 0700430 14956003. 104610 I 001730 I 9999 $351,139.00 ($351,139.00) $205,839.00 ($205,839.00) 1 $205,839.00 1 ($205,839.00) l $351,139.00 ($351,139.00) $205,839.00 ($205,839.00) 2 56002 0600430 4956001 104610 101730 9999 ($351,139.00)1 2 56002 0600430 5110101 104610 001730 9999 $35,438.00 (Water Staff Cost 2 56002 0600430 I 5550102 104610 001730 9999 $4,000.00 I+Public Outreach 1 56002 0600430 5330500 104610 001730 9999 $232,656.00 lContract 2 56002 I 0600430 I 5310350 I 104610 I 001770 I 9999 $2,500.00 Utility Coordination 2 56002 0600430 ! 5330500 104610 001784 9999 $48,195.00 Soil Lab Consultant 2 56002 0600430 5310350 104610 001784 9999 $28,350.00 Soil Lab TPW Staff 2 56002 0700430 4956001 I 104610 001730 9999 ($205,839.00) 2 56002 0700430 5110101 104610 001730 9999 $28,875.00 1 Water Staff Cost 1 56002 0700430 5330500 104610 001730 9999 $164,964.00 Contract 2 56002 I 0700430 5110101 104610 001740 9999 $5,000.00 Easement Acquisition 2 56002 0700430 5330500 104610 001740 9999 2 56002 0700430 5740010 104610 001780 9999 2 56002 0700430 5310350 104610 001770 9999 104610 $2,500.00 lEasement Easement Acquisition $2,500.00 Acquisition $2,000.00 1 Utility Coordination