Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 59812
CSC No. 59812 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 Freese and Nichols, Inc., authorized to do business in Texas, ("ENGINEER"), fora PROJECT generally described as: 2022 Bond Sidewalk Year 2- Pinson Street— Project No. 104760. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $267,900.00 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 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 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 m de. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 Revised Date: November 23, 2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth, Texas 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 Revised Date: November 23, 2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth, Texas 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 Revised Date: November 23, 2021 Page 4 of 15 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of m nority 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 com mssion 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 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 Revised Date: November 23, 2021 Page 5 of 15 effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 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 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 Revised Date: November 23, 2021 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth, Texas 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 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 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 Revised Date: November 23, 2021 Page 9 of 15 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER' 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 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 Revised Date: November 23, 2021 Page 10 of 15 property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 Revised Date: November 23, 2021 Page 11 of 15 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies City of Fort Worth, Texas 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 Revised Date: November 23, 2021 Page 12 of 15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm ntity or firearm rade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the City of Fort Worth, Texas 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 Revised Date: November 23, 2021 Page 13 of 15 same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH William Johnson (Ju 20,202315:56 CDT) William Johnson Assistant City Manager Date: Jul 20, 2023 qOF�na FORT�dO ATTEST: '° 0 °°° P~o p� /, ..os-cry Qaa� nE�p546o Jannette Goodall City Secretary APPROVAL RECOMMENDED: _4 By:I our e n Prieur (Jul 12, 202313:21 CDT) Lauren Prieur Director, Transportation and Public Works APPROVED AS TO FORM AND LEGALITY By:DD Black(Ju CD1)I Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 14 of 15 BY: ENGINEER Freese and Nichols, Inc. Chris Bosco (Jun 30, 7073 08:31 CD I Chris Bosco Principal Date: Jun 30, 2023 Form 1295 No. 2023-1004875 M&C No.: 23-0584 M&C Date: 6/27/2023 2022 Bond Sidewalk Year 2- Pinson Street CPN 104760 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 5lr.�,uetm ,P�e Shweta Rao Sr. Professional Engineer City of Fort Worth, Texas 2022 Bond Sidewalk Year 2- Pinson Street Standard Agreement for Engineering Related Design Services CPN 104760 Revised Date: November 23, 2021 Page 15 of 15 FORT WORTH ATTACHMENT "A" Scope for Engineerinq Design Related Services for 2022 Bond Sidewalk Year 2- Pinson Street (CPN 104760) The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of the 2022 Bond Sidewalk Year 2- Pinson Street project is to improve the pedestrian mobility, connectivity, and safety by the construction of sidewalks, pedestrian curb ramps, and crosswalk pavement markings on the southside of Pinson Street between Village Creek Road and Carverly Avenue (approximately 5,100 feet). The improvements will be completed using City of Fort Worth — 2022 Bond Program funds. Work to be performed under this agreement is as follows: WORK TO BE PERFORMED Task 1. Design Management Task 2. Preliminary Design (60%) Task 3. Final Design (90% and 100%) Task 4. Bid Phase Services Task 5. Construction Phase Services Task 6. ROW/Easement Services Task 7. Survey and Subsurface Utility Engineering Services Task 8. Permitting Task 9. Quality Control/ Quality Assurance City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 1 of 19 FORT WORTH TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team: • Lead, manage and direct design team activities • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 9 for further details. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend a pre -design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Attend up to two (2) field review meetings with CITY representatives, prior to the 60% and 90% submittals. • Conduct and document monthly project update meetings with CITY Project Manager (up to 8). • Conduct review meetings with the CITY at the end of each design phase (up to 2) • Conduct and document biweekly internal design team meetings (up to 10). • Conduct site visits (up to 3). • Conduct QC/QA reviews and document those activities. Refer to Task 9 for further details • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly Project Status Reports in the format provided by the respective Transportation and Public Works Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. • Prepare and submit a preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan. CITY to modify and finalize. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 2 of 19 FORT WORTH. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • One (1) pre -design project kickoff/chartering meeting • Up to two (2) field review meetings • Up to eight (8) monthly project update meetings during design phase • Up to two (2) plan review meetings • Up to ten (10) biweekly internal design team meetings • All submittals to the CITY will be quality checked prior to submission. • Project design phase is anticipated to take eight (8) months. • Project construction phase is anticipated to take six (6) months. • Up to eighteen (18) monthly updates of Project Status Reports, MWBE forms, TPBE, Risk Register, and project Schedule. DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan E. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly Project Status Reports G. Monthly TPBE spreadsheet updates H. Monthly Project Risk Register updates Plan Submittal Checklists (See Task 9) J. Monthly invoices City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 3 of 19 FORT WORTH K. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 3. PRELIMINARY DESIGN (60%). Preliminary Design will be submitted to CITY per the approved Project Schedule. The purpose of the preliminary design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design that successfully addresses the design problem, and to obtain the CITY's endorsement. ENGINEER will develop the preliminary design of the infrastructure as follows: 3.1. Data Collection In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. • Provide Subsurface Utility Engineering (SUE) per Task 7. 3.2. Preliminary Design Plans: ENGINEER will provide preliminary design services to the CITY with the following design plan: GENERAL DESIGN o COVER SHEET— Including project limits and location map o INDEX OF SHEETS o GENERAL NOTES — Including applicable City standard general notes o QUANTITY SUMMARY— Including tables of quantities per sheet o SURVEY CONTROL AND PROJECT LAYOUT— Including City Control Points with X, Y, Z coordinates, identified coordinate system, and bearing base. Z coordinate will be included on City Datum only with a description of the location. o ALIGNMENT DATA o TYPICAL SECTIONS — Including existing and proposed typical sections showing pavement (roadway, sidewalk, curb), ROW, lane widths (with direction arrows), and retaining walls o REMOVAL PLAN — Including removal of above and below ground features necessary for the construction of the project improvements. City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 4 of 19 FORT WORTH o ISWM CONSTRUCTION PLAN— Including the layout of erosion control measures and notes to be in compliance with iSWM Criteria Manual for Site Development and Construction. o ISWM CONSTRUCTION DETAILS o TRAFFIC CONTROL DETAILS —Including applicable CITY and TxDOT traffic control details. Assumes that the Contractor will prepare and implement a traffic control plan in accordance with the Texas Manual on Uniform Traffic Control Devices. SIDEWALK DESIGN o SIDEWALK PLAN - Including plan sheets showing proposed horizontal sidewalk alignments, right-of-way/easements, driveways, dimensions, existing drainage structures, and City and franchise -owned utilities. o CURB RAMP GRADING PLAN — Including proposed elevations and slopes of curb ramps at intersections. o ROADWAY DETAILS —Including necessary non -City of Fort Worth standard details. o CITY OF FORT WORTH -ROADWAY DETAILS UTILITY DESIGN o MINOR UTILITY ADJUSTMENT PLAN —Including plan sheets for the minor adjustment (for example, adjustment of valve to proposed finished grade) of existing water and sanitary sewer utilities. o CITY OF FORT WORTH -WATER DETAILS CROSS SECTION DESIGN o CROSS SECTIONS — Including centerline station at a 50' interval, existing top of ground line, proposed roadway section, and easement and right-of-way limits. 3.3. Opinion of Probable Construction Cost • ENGINEER will develop an opinion of probable construction cost (OPCC) based on design. Sources of data used in the preparation of the OPCC include, but are not limited to, construction data aggregation services, similar past project performed by ENGINEER, bid results from previous CITY projects of similar type, and professional experience and engineering judgement. 3.4. Preliminary Design Project Manual (Contract and Specifications) • ENGINEER will prepare the Project Manual (Contract and Specifications) using the CITY's front end and technical specifications. The ENGINEER will supplement the technical specifications, as needed. 3.5. Constructability Review Meeting • Prior to the Preliminary Design Review Meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 5 of 19 FORT WORTH Construction personnel to walk and review the project (including Transportation Management staff). The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.6. Public Meeting After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, time and date. The CITY will prepare mailing list of all affected property owners and send all public meeting notifications. 3.7. Utility Conflict Coordination Package • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will be identified at the Conceptual phase and begin at the Preliminary Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • ENGINEER will conduct up to two (2) individual private utility coordination meetings to communicate the improvements project and communicate the required private utility relocation. • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination at each design milestone. • The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in the City's document management system (BIM 360) for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. ASSUMPTIONS • Three (3) copies of half size (11"x17") plans. • Two (2) set of the Project Manual (Contract and Specifications). • Three (3) copies of opinion of probable construction cost. • Electronic copy (PDF) of the plans, project manual, and OPCC (uploaded to BIM360). • All submitted documents and checklists will be uploaded to the designated project folder in the CITY's document management system (BIM 360). • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications, if needed. • One (1) Public Meeting is assumed. City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 6 of 19 FORT WORTH • As necessary, the CITY will provide a condition assessment on existing trees within the project limits. DELIVERABLES A. Preliminary Design Plans B. Preliminary Design Project Manual (Contract and Specifications) C. Preliminary Design QA/QC Documentation (from Task 9) D. Preliminary iSWM Checklist E. Opinion of Probable Construction Cost F. Utility Conflict Coordination Package G. Public Meeting Exhibits TASK 4. FINAL DESIGN (90%) AND FINAL CONSTRUCTION DOCUMENTS (100%). • ENGINEER will not proceed with Final Design activities without written approval by the CITY of the Preliminary Design Package. Final Design will be submitted to CITY per the approved Project Schedule. • ENGINEER will develop the Final Design of the improvements as follows: Final Desiqn (90%) Plans: • ENGINEER will progress, update, or revise the design plans. Final Desiqn (90%) Project Manual (Contract and Specifications) • ENGINEER will prepare the Project Manual (Contract and Specifications) using the CITY's front end and technical specifications. The ENGINEER will supplement the technical specifications, as needed. iSWM Checklist • Final iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction Opinion of Probable Construction Cost • ENGINEER will develop an opinion of probable construction cost (OPCC) based on design plans. Sources of data used in the preparation of the OPCC include, but are not limited to, construction data aggregation services, similar past project performed by ENGINEER, and professional experience and engineering judgement. Utilitv Conflict Coordination Packaae ENGINEER will upload a set of plans in PDF format with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts in the City's document management system (BIM 360). The PDF file should be created directly from the CAD files. At each design milestone, the City PM will issue a Utility Clearance Letter to be accompanied by said plans and table to all utility companies which have facilities within the limits of the project for coordination. City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 7 of 19 FORT WORTH • ENGINEER will conduct up to two (2) individual private utility coordination meetings to communicate the improvements project and communicate the required private utility relocation. Final Desian (100%) Plans: • ENGINEER will progress, update, or revise the design plans. Final Desian (100%) Project Manual (Contract and Specifications) • ENGINEER will prepare the Project Manual (Contract and Specifications) using the CITY's front end and technical specifications. The ENGINEER will supplement the technical specifications, as needed. Opinion of Probable Construction Cost • ENGINEER will develop an opinion of probable construction cost (OPCC) based on design plans. Sources of data used in the preparation of the OPCC include, but are not limited to, construction data aggregation services, similar past project performed by ENGINEER, and professional experience and engineering judgement. Utilitv Conflict Coordination Packaae ENGINEER will upload a set of plans in PDF format with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts in the City's document management system (BIM 360). The PDF file should be created directly from the CAD files. At each design milestone, the City PM will issue a Utility Clearance Letter to be accompanied by said plans and table to all utility companies which have facilities within the limits of the project for coordination. ASSUMPTIONS • Three (3) copies of half size (11"x17") plans for 90% and 100% Design. • Two (2) set of the Project Manual (Contract and Specifications) for 90% and 100% Design. • Three (3) copies of opinion of probable construction cost for 90% and 100% Design. • Electronic copy (PDF) of the plans, project manual, and OPCC (uploaded to BIM360) for 90% and 100% Design. Electronic copy of plan submittal (PDF) will be created from design CAD drawings. DELIVERABLES A. Final Design Plans (90% and 100%) B. Final Design Project Manual (Contract and Specifications) (90% and 100%) C. Final Design QA/QC Documentation (from Task 9) D. Final iSWM Checklist (90% and 100%) E. Opinion of Probable Construction Cost (90% and 100%) F. Utility Conflict Coordination Package (90% and 100%) City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 8 of 19 FORT WORTH TASK 4. BID PHASE SERVICES. The CITY reserves the right to bid the project either via traditional project bid to via unit price alternative delivery. ENGINEER will support the bid phase of the project as follows. 4.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto the City's document management system (BIM 360) for access to potential bidders. • Contract documents shall be uploaded in a single PDF file. • Unit Price Proposal documents are to be created utilizing the city's unit price tool only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, that will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to the City's document management system (BIM 360) in two formats, PDF and CAD files. The PDF will consist of one file of the entire plan set. • If requested by prospective bidders, the ENGINEER will sell contract documents at a reasonable price to recover reproduction and document request fulfillment cost. The CITY will not sell hard copies of the contract documents. • The ENGINEER will coordinate with the CITY PM to obtain received "Expressions of Interest" from prospective bidders and from uploaded Plan Holder Registrations in the City's document management system (BIM 360) by contractors. ENGINEER will maintain a plan holders list. • 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 folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidder's questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto the City's document management system (BIM 360) and mail addenda to all plan holders. • Attend the pre -bid 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 are to be uploaded into the project's Bid Results City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 9 of 19 FORT WORTH folder on the City's document management system (BIM 360) Incorporate all addenda into the contract documents and issue conformed sets. Incorporate all addenda into the contract documents and issue conformed sets. After the bid opening, ENGINEER will provide up to five (5) full size (22"x34") sets and up to seven (7) half size (11"x17") sets of the Conformed Plans and up to two (2) bound copies of the conformed Project Manual set incorporating all approved addenda. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Construction documents will only be made available on the City's document management system (BIM 360) for plan holders and/or given to plan viewing rooms. • Construction documents will not be printed and made available for purchase by plan holders and/or given to plan viewing rooms. • PDF and CAD files will be uploaded to the City's document management system (BIM 360). • The project will be bid via the design, bid, and build process. DELIVERABLES A. Addenda (up to three (3)) B. Bid Tabulations C. Recommendation of Award Letter D. Confirmed Plans and Project Manual TASK 5. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 5.1. Construction Support • The ENGINEER shall attend the pre -construction conference. • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location or media and mail notices to the nearby residents and other stakeholders. The ENGINEER shall attend bi-weekly construction progress meetings during the duration of construction. The ENGINEER will prepare or collaborate with the CITY PM on a Construction Progress Report using the CITY's standard format and upload in the City's document management system (BIM 360). During the bi-weekly construction progress meetings, the ENGINEER will meet with the Project Delivery Team and Contractor on -site to review any field changes. • The ENGINEER will attend meetings with concerned citizens in coordination with the CITY. City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 10 of 19 FORT WORTH The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, respond to Request for Information (RFI) from the contractor, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. 5.2. Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. Information provided by the CITY may include, but is not limited to the following: o As -Built Survey o Red -Line Markups from the Contractor o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, in Adobe Acrobat PDF format (version 6.0 or higher). The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the digital files. City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 11 of 19 FORT WORTH • There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set, if required. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Sinqular PDF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X-35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf PDF files shall be uploaded to the project's Record Drawing folder in the City's document management system (BIM 360). For information on the proper manner to submit files and to obtain a file number for the project, the ENGINEER should coordinate with the City project manager. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • One (1) Pre -Construction Meeting. • One (1) Public Meeting. • Up to Twelve (12) Bi-Weekly Construction Progress Meetings. • Up to Three (3) Meetings with Concerned Citizens • Up to Ten (10) Submittal Reviews. • Up to Three (3) Requests for Information. • Up to Two (2) Change Orders. • One (1) Final Walk Through Meeting. DELIVERABLES A. Public Meeting Exhibits C. Response to Contractor's Request for Information D. Review of Change Orders E. Review of Submittals F. Final Walk Through Punch List Items G. Record Drawings City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 12 of 19 FORT WORTH TASK 6. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 6.1. Right -of -Way Research • The ENGINEER shall determine rights -of -way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 6.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system (BIM 360) resources folder. ASSUMPTIONS • City will provide right-of-way/easement acquisition services. • If necessary, City will provide all Environmental Site Assessment (ESA) services on all property acquisitions. Right -of -Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD records, right- of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. • Right -of -entry agreements will be utilized (instead of temporary construction easements) for re -construction of elements on private property (for example, driveway re -construction). DELIVERABLES A. Up to ten (10) proposed permanent easement documents City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 13 of 19 FORT WORTH. TASK 7. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 7.1. 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, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. Right -of -Way research includes review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD records, right- of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. 7.2. Subsurface Utility Engineering • ENGINEER will perform the Level A, C, and D Subsurface Utility Engineering (SUE) work required for this project in general accordance with the recommended practices and procedures described in ASCE Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). As described in City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 14 of 19 FORT WORTH the mentioned ASCE publication, four levels have been established to describe the quality of utility location and attribute information used on plans. The four quality levels are as follows: Quality Level D (QL"D") — Information derived from existing utility records; Quality Level C (QL"C") - QL"D" information supplemented with information obtained by surveying visible above -ground utility features such as valves, hydrants, meters, manhole covers. Quality Level A (QL"A") — Three dimensional (x,y,z) utility information obtained utilizing non-destructive vacuum excavation equipment to expose utilities at critical points which are then tied down by surveying. Also known as "locating", this quality level provides precise horizontal and vertical positioning of utilities within approximately 0.05 feet. • Quality Level B (QL"B") will not be performed. • Utilities to be designated include gas, telecommunications, electric, drainage, water and sanitary sewer. • ENGINEER will provide appropriate traffic control measures (barricades and signs). • ENGINEER will utilize non-destructive vacuum excavation equipment to excavate test holes at the required locations. Due to the risk of damage, ENGINEER will not attempt to probe or excavate test holes on any AC water lines unless approval is obtained from the CITY in advance. ENGINEER will record the utility type, size, material, depth to top, and general direction. Each test hole will be assigned a unique ID number and will be marked with a nail/disk. The test -hole ID number and other pertinent utility information will be painted at each test -hole location. • ENGINEER will provide up to four (4) test holes (estimated to be between 4 and 8 feet in depth and outside of existing pavement) Subsurface Utility Engineering (SUE) to Quality Level A, as described below: o Expose and locate utilities at specific locations. o Tie horizontal and vertical location of utility to survey control. o Provide utility size and configuration. o Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. ASSUMPTIONS • Up to four (4) Level A test holes are included (estimated to be between 4 and 8 feet in depth and outside of existing pavement). DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. SUE plan drawings sealed by a professional engineer registered in the State of Texas. City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 15 of 19 FORT WORTH TASK 8. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows 8.1 Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. • Submit construction documents to the TDLR • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. 8.2 Grading Permit • ENGINEER will prepare and submit a Grading Permit Application. • All applicable application fees will be paid for by the CITY. 8.3 Storm Water Pollution Prevention Plan (SWPPP) 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.S ASSUMPTIONS • TxDOT Permit is not required for the project • Railroad Permit is not required for the project • CLOMR or LOMR is not required for the project • Tree Removal Permit is not required for the project • Urban Forestry Permit not required for the project • Stormwater Permit not required for the project City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 16 of 19 FORT WORTH. • Project can be completed within USACE NWP and a PCN (or verification of authorization) is not required for this project • No mitigation (or tree replacement) will be necessary for the trees removed with this improvements project. • SWPPP documentation and Grading Permit will begin after Conceptual Design. • TDLR permit will be completed with Final Design. DELIVERABLES A. Copies of Permit Applications B. Copies of Approved Permits TASK 9. QUALITY CONTROL / QUALITY ASSURANCE ENGINEER to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 9.1. QC/QA of Survey and SUE Data • The ENGINEER's Surveyor shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 9.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. • ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 17 of 19 FORT WORTH applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. The documentation of a QC/QA review includes (1) a copy of the color -coded, original marked -up document (or "check print") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign -off sheet with signatures of the personnel involved in the checking process. Mark-ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: - PDF of the completed Detailed Checklists - PDF of the QC/QA check print of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; - PDF of previous review comments (if any) and the ENGINERR's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the CITY will be quality checked prior to submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in the City's document management system (BIM360). DELIVERABLES A. QC/QA documentation City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 18 of 19 FORT WORTH ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existinq Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon — be sure to track changes. the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon — be sure to track changes. in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Effort exceeding those outlined in the "Assumptions" section of each task description. • Survey documents exceeding the number shown in the contract. • Level A SUE test holes exceeding the number shown in the contract. • Inspection during construction phase of project. • Traffic engineering services. • Geotechnical engineering services. • Drainage engineering services. • Stormwater modeling (HEC-RAS) of earthen channel along westside of project / right-of- way line. City of Fort Worth, Texas Attachment A 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 07.23.2012 CPN 104760 Page 19 of 19 ATTACHMENT B COMPENSATION Design Services for 2022 Bond Sidewalk Year 2- Pinson Street City Project No. 104760 Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Cateqory Rate for the ENGINEER's team member performing the work. Labor Cateaory Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. LABOR CATEGORY RATE ($/HOUR) ** Professional 1 $112 Professional 2 $137 Professional 3 $153 Professional $177 Professional 5 $207 Professional 6 $236 Construction Manager 1 $97 Construction Manager 2 $120 Construction Manager 3 $131 Construction Manager 4 $164 Construction Manager 5 $197 Construction Manager 6 $225 Construction Representative 1 $87 Construction Representative 2 $97 Construction Representative 3 $120 Construction Representative 4 $131 CAD Technician/Designer 1 $96 CAD Technician/Designer 2 $123 CAD Technician/Designer 3 $152 Corporate Project Support 1 $91 Corporate Project Support 2 $110 Corporate Project Support 3 $146 Intern / Coop $56 Senior Advisor $175 `" Provided rates are 2023 rates, which will be adjusted annually in February. City of Fort Worth, Texas Attachment B PMO Release Date: 02.06.2015 Page 1 of 4 2022 Bond Sidewalk Year 2- Pinson Street CPN 104760 LIM ATTACHMENT B COMPENSATION Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. City of Fort Worth, Texas Attachment B 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 02.06.2015 CPN 104760 Page 2 of 4 Im ATTACHMENT B COMPENSATION III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols, Inc. Project Management and $212,330.00 79.3% Design Services Prime Consultant Total: $212,330.00 79.3% MBE/WBE Sub -Consultants Yellow Rose Mapping LLC Non-MBE/WBE Consultants Topographic Survey, $53,070.00 19.8% Boundary Survey, and Survey Document Services Subsurface Utility Engineering and Locating Services MBE/WBE Sub -Consultants Total: $53,070.00 19.8% GAP Consultants, Inc. TDLR/TAS Review and $2,500.00 0.9% Inspection Services Non-MBE/WBE Consultants Total: $2,500.00 0.9% TOTAL $267,900.00 100.0% Project Number & Name CPN 104760 — 2022 Bond Sidewalk Year 2- Pinson Street City MBE/WBE Goal = 13.0% City of Fort Worth, Texas Attachment B PMO Release Date: 02.06.2015 Page 3 of 4 Total Fee MBE/WBE Fee MBE/WBE $267,900.00 $53,070.00 19.8% Consultant Committed MBE/WBE Goal = 15.0% 2022 Bond Sidewalk Year 2- Pinson Street CPN 104760 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B PMO Release Date: 02.06.2015 Page 4 of 4 2022 Bond Sidewalk Year 2- Pinson Street CPN 104760 Professional Services Invoice Project Manager: IShwela Rao, P.E. Project: 12022 Bond Sidewalk Year 2 - Pinson Street City Project #: 1104760 1 City Sec Number: Company Name: IFreese and Nichols, Inc. Supplier's PM: Todd Buckingham, P.E. Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Supplier Instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: lodd.buckingham@freese.com Office Address 801 Cherry Street, Suite 2800,Fort Worth, TX 76102 Telephone: 817-735-7517 Fax: 817-735-7491 Remit Address', 801 Cherry Street, Suite 2800,Fort Worth, TX 76102 Sheet FID and Work Type Description Work Type 1 Design Services Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Invoice 2022 Bond Sidewalk Year 2- Pinson Street CPN 104760 Agreement LTD Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Amount Amount Date Amount Spent Previously Invoice Balance $267,900.00 $267,900.00 $267,900.00 $267,900.00 $267,900.00 Overall Percentage Spent: $267,900.00 Freese and Nichols, Inc. 817-735-7517 817-735-7491 801 Cherry Street, Suite 2800, 801 Cherry Street, Suite 2800, Fort Worth, TX 76102 Fort Worth, TX 76102 CFW Project Manager Shweta Rao, P.E. Supplier's Project Manager: JTodd Buckingham, P.E. Supplier's PM email: todd.buckingham@freese.com Name of Project: 2022 Bond Sidewalk Year 2 - Pinson Street I ahnr ratennry Name Invoice Supplier Project No. Proj. Invoice No. Invoice date: Period Service Date:From Service Date:To City Secretary Contract #: P.O. Number: Hnum Rate Mffir1 Professional 1 112.00 Professional 2 137.00 Professional 3 153.00 Professional 4 177.00 Professional 5 207.00 Professional 6 236.00 Construction Manager 1 97.00 Construction Manager 2 120.00 Construction Manager 3 131.00 Construction Manager 4 164.00 Construction Manager 5 197.00 Construction Manager 6 225.00 Construction Representative 1 87.00 Construction Representative 2 97.00 Construction Representative 3 120.00 Construction Representative 4 131.00 CAD Technician/Designer 1 96.00 CAD Technician/Designer 2 123.00 CAD Technician/Designer 3 152.00 Corporate Project Support 1 1 1 91.00 Corporate Project Support 2 1 110.00 Corporate Project Support 3 146.00 Intern / Coop 56.00 Senior Advisor 175.00 Total Labor Subcontract Service Yellow Rose Mapping, LLC GAP Consultants, Inc. Subcontractor Subtotal 10 Percent Markup on Subcontract Services Nonlabor Expenses Nonlabor Expense Subtotal 0.0 Total Expenses (Subcontract Services+Markup+Nonlabor Expenses) TOTAL DUE THIS INVOICE Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2022 Bond Sidewalk Year 2- Pinson Street CPN 104760 Professional Services Invoice Project Manager: Shwela Rao, P.E Project: 2022 Bond Sidewalk Year 2 - Pinson Street City Project #: 104760 Work Type Desc: IDesign Services Supplier Instructions: FID: City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities Purchase Order: When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Name: Freese and Nichols, Inc. Supplier's PM: Todd Buckingham, P.E. Supplier Invoice #: Todd Buckingham, P.E. Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items Description 30 - Design Totals This Unit: 2022 Bond Sidewalk Year 2- Pinson Street CPN 104760 email: lodd.buckingham@freese.com Office Address 801 Cherry Street, Suite 2800,Fort Worth, TX 76102 Telephone: 817-735-7517 Fax: 817-735-7491 Remit Addres& 801 Cherry Street, Suite 2800,Fort Worth, TX 76102 Agreement LTD Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount $267,900.00 $267,900.0 $267,900.00 $267,900.00 Overall Percentage Spent: Percent ($) Invoiced Spent Previously Current Remaining Invoice Balance $267,900.oc $267,900.00 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for City of Fort Worth - 2022 Bond Sidewalk Year 2- Pinson Street CPN 104760) Labor (Hours) I Expense I Task Task Description No. Rate 1.0 Task 1 . Deatn Management Attend 1 e-Des��'yy�� Prry'ect Kickoff Charter Meeting Condu ��yy to 8% RAonthfy Pro ect Update Meetings with CITY Conduct Up to 10) Bi-Weeklv Internal Design Meetings 2650 Conduct Submittal Review Meet!9? with ClTV After 60%. 90 % Submittals Prepare and Submit Monthly Invoices (Up to 8) Including Updates to Project Status Reports, MWBE Forms, Risk Register, and Schedule 2.0 Task2. Preliminar�Design %1 Review Available City Maslen Plans and Record Drawings DesjyrERAL DESIGN GCOVER SHEET INDEX OF SHEETS GENERAL NOTES QUANTITY SUMMARY SURVEY CONTROL AND PROJECT LAYOUT ALIGNMENT DATA TYPICAL SECTIONS REMOVAL PLAN ISWM CONSTRUCTION PLAN ISWM CONSTRUCTION DETAILS TRAFFIC CONTROL DETAILS SIDEWALK DESIGN SIDEWALK PLAN CURB RAMP GRADING PLAN ROADWAY DETAILS CITY OF FORT WORTH - ROADWAY DETAILS UTILITY DESIGN MINOR UTILITY ADJUSTMENT PLAN dk6 �ON &HN WATER DETAILS CROSS SECTIONS Project Site Visit (CITY and ENGINEER) (1, Project Manual ('ontract and Specifica(ionsj Opinion of Probable Construction Cost Constructability Review Meetinq Public Meetirl Utility Confli Coordination Utilityy Conflict Plan and Summary Table Invidividual Coordination Meeti9�s/Up to 2) Deliverables (Half Size -Printed Copies) 3.0 Task 3. Final Design (90%and 100%) 90% Design PryyEe4 U�Qate. Revise Design Plans from Previous Submittal: GENERAL DESIGN SIDEWALK DESIGN UTILITY DESIGN CROSS SECTION DESIGN Prol'Iect Manual Contract and Specifications) iSWM Checklis yinion of Probable Construction Cost Uity Conflict Coordination Uhkty Conflict Plan and Summary Table Invidividual Coordination Meetings (Up to 2) Deliverables (Printed Copies) City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8 09.2012 4/21/2023 1 of 2 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for City of Fort Worth - 2022 Bond Sidewalk Year 2- Pinson Street CPN 104760) Labor Hours) I Expense I Chris Bosco Todd Man Zach Garlock Steve James Beever Amanda Zach Garlock Buckingham Willoughby Vald- Johnson Task Task Description Total Labor Total Expense Task Sub Total No. PIC PM ROADWAY ROADWAY ONOC CONSTR CTIO UTILTY PM UTILITY CADD Cost Cost ENG CARD N I Subcorgultanl Travel Reproduction Rate $236 $207 $153 $175 $197 $1771 $96l I MBEIWBE Non-MBEIWB 100% Design $01 1 $0 $C PrypERs gj te, Revise Desiqn Plans from Previous Submittal: $01 I $0 $C G ERAL DESIGN J d 111 $2,5981 I $0 $2,59E SIDEWALK DESIGN (I� 24 32 $7,5721 1 $0 $7,572 UTILITY DESIGN 1J 1 4 $9451 1 $0 $94E Cp0S SEC IN (� $Gl� 24 32 $6,9511 1 $0 $6,951 Proleect anua(JConfr ?M Specification) 2J 1J $1,9441 I $0 $1,944 is MChecklis { 2 $5131 1 $0 $51E C)y f Probable Construction Cost 11 $2,6641 1 $0 $2,664 "I�)y opjl��c�yy//dinatl f $01 1 $0 $C Uti l C;o Tiff lap an�Summary Table J 4 $1,0261 1 $0 $1,02E Plan Holder List 2 Addenda (yD to 3) 6 12 12 Attend Pre -Bid Meet 1 1 Attend Bid 9peninq Meeting 1 Bid Tabulation 1 Recommendation of Award Letter 2. 2 Attend Pre -Construction Meeting 2 4 8' P121 $25 Public Meetinq 1 4 g 1 $29 Bi-Weekly Cpps ruction YWpe MeetingJUp to 12) 18 24 1 $300Meetirq�s w7h i:oncernetl Cibuns (Up to 3) ti 1 $ Smiha1ws l{to10) 4 8 espoRqy 9o(r Informlation (Up to 3) 43204 rnaf �kTKch and Pu nch Llst 4 9 12 1 Easement Documents U , to 14 7.0 flask 7. Survey and Su surface Desk P Su? and ROW/Easen Leve�C-D SUE Texas Department of Licensinq and Regulation (TDLR) Preliminary Des�'y� Submittal Plans / Project Manual/ OPCC) Final Design Submittal (Plans Proiect Manual/ OPCC) City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8 09.2012 Project Summary I Total Hours 1'4191 Total Labor $204,4811 Total Expense $57,8621 MBE/WBE Subconsultan $53,0701 Non-MBEIWBE Subconsultan $2,5001 10% Sub Markup $5,557.001 MBE(WBE Participation 19.8Y 1 Total Project Cos $267,9001 4/21/2023 2 of ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for 2022 Bond Sidewalk Year 2- Pinson Street City Project No. 104760 No changes to Standard Agreement City of Fort Worth, Texas Attachment C 2022 Bond Sidewalk Year 2- Pinson Street PMO Release Date: 02.06.2015 CPN 104760 Page 1 of 1 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Attachment D 2022 Bond Sidewalk Year 2- Pinson Street Revision Date: 07.20.2018 CPN 104760 Page 1 of 1 ID rash Name Duration Smrt Flnlsb 23 1 Clryof Fort Wortlt-R03R EBIM SIOewalk Yar4-Phan BtraM IDPN 104H0) 47.2O mom Man 596•lf Fill TF11IL 2 N.U. to.ru,nw y .pn BY28Y3 Man 62623 626 ♦ Notlm to Pm d 11 4 Internal and Fxtarna1 Protect aeview Meetings antl lmoleing 151mrvs Mon 611A Fr111/S/24 I) 5 Pniknlmry Daalgn (61%) mom Mon SCUCC FN 11/1TYtl It Pmpam 60%Oxlgn r Imerml601Oeslgn OO d3 days Mon 828123 Fn 11/3 tO days Man 11 SIA Fd 1119231 �- �8 EMema160%Desgn Submitlel - CFW PavIaw80%Daalgn Bdays Fri 11/1]y2;i FA 11I1rY13I 1mon Mon 1113d33 Ft1211l13]l 10 CFW Review 60%Desl9n 11 Pmfect Meet'Ingb ReNew60%Design 15 ay M.n 11/20/23 Fr112I823 5 y Mon 1211 WA "12I15Y33 12 FinalO %0%) 2.235 Mon 1]11gd33 FFl12. 13 9 g 14 Imerml 1%DeN9n OG ay FA 2/22• 10 days Mon 2/51A 11211— 15—111190%Desgn Submittal Otla1�4JI Fri 2113124 Fri 2/1-1 16 CFW Revlew9ax Daalgn 1m0R' Mon v19IN Fr13M61Rdl I CFW Review BO% De191 �11 Pm,ect Mceting to RaNew BO%1"" 15 days Mon 2/1ti. F1.. 5days Mon Ill1/14 RI 311512•Mon d1—%1811 Prepare log%Design 21 1-1100%Dml9n p0 30 tlays Mon 3/18/24 Frl4/ 10 dal/ Mon 4-1A Fn 1-IN 22 23 M1Ha BeNat Od- RI d1N24 FISIf0 5.15 mom Mon dldR4 FM 101111 24 AMertisirgaM Lmig Mdays Mon 5111- FA 11. 23 Comrecbr3elegionn 10 d_s Mon ]IBIl Fri 111912•I 26 MfiC APprwal Md-I Man]-12'4 1/1911324 21 CBmlrucllon CBMred Eexutl0n 2S COMmNOn Pbxe aervlcx zS Ua)fa Mon g/16124 FA 10/1824 10 moos Mon 1-1. 1r11 29 Pre -Construction 30 CBmirltllan SO ROW1EmemeM BervloM 32 ROW and Easement Document Prepera0on 4morvs Mon l0/21/24 FA Nil25 6mon5 Mon 2/10/25 Fr1r25IM 6.6 mom MBn1d11Y23 Fr161 30 days Mon 1211111 Fri111— 33 ROW antl Easemenigcqulsltlon 4modst Mon 1.124 F1Ell.. 34 purvey antl SubauNxa Utility glme Enring 9ervleea 3s Fsecute Subcansulmm Agrcemerns 11.36 mom Mon.— RI 1 Mane/28/23 Fn]/r123 .bl I Auo I Sa D M n.' la, P.p tw Ism 21 CBy of it Wo�IN n BMewalk Year R-Plmon BtraeIICPN IO•HO) Sti Profit R.- Mxibga m0lnvolcltp PHllmlmry Dailgn WN aralswa SOX M91gn II ' Inmmal SOx Oelalgn DC 1vn--11 egx DralgnInae Fw cReview so^i. Daalen w wl.law r01Jct Meeting to Revmw slo xlgn ealgn 11 90%Dxl91 I�.1.-90%g%oalgn CC 116 Eberna eNgn SubmlXaI CFWRevmw 9o%Dxlgn CFW Revmw 90%Dwlgn Pmlxt m.tin to Ravmw 90%Dealgn F1.1 Dxlgn II Prepen 100%Dwlgn II E mmmal taox D.elen a 910Eberml t00% Dxlgn Submltml I — AOvedlallq a1M Letling II �COMrxtor SeleMlon ' MSC Approval �ROW antl Easement Document Preps MIOn �waM Easement p ieon 11I rvoy nu 8ubeunam Utlllry En0lmerl�q eorvlcx 38 Topogmp0lcaM BouMery SuneY 35tl� Mon rllOY�tl Fr18125Y13 � Subcomlunt A9 reementa Doantlary survey 3r SUE (Le WI O'0( / 35 Uaya' Man 7It0lu Fr1825Y23 0 poerxme ana 38 SUE(Lewl A) 20 dayL£ Mon 12/is/23 RI 11122•I SUE (Level GD( SUF Al 39 Fremlllae U111ry Cmnan 2m4 Mon l21a/1l Fr.. —�, (Level FrencM1iseU ortlinatlol -1"U 31115 Mon2/111A Fn1 y 16mons Mon-- Fri 71111 2 TDLSRan w • 9 TOLRRAS OnSIm lnapeMOn 45 CC_ 1 11,y Man4l2III Fn5/1] 10 y Mon]/]/2i Ft1 ]/18125 Bmans Mona/2S/23 Fn 13241 _ li Imbl. Utility ReI« gas w u) TDLI R S Pmn Rwmw DmIIV COMmllc Illy Awumm9 Deb 1`1i412123 Txh — Mlleabm ♦ ""I Summary — --I MllI ♦ Inx9lve Mllxbm O Manual Teak Mama1Summery Rvllup SmtFOnly E Split Summary O�1 EMemal I. Imctive TeIN C� Inactive summery � Dwetio_ Manual Summery a— FinisM1anly 7 Page 1 4TL LR E On Site Inspection IIL SMMA ® CFWLIMITLINE �N D oCD N� Pinson Street Pro osed Sidewalk Project = o J p (n D Village Creek Rd to Carverly Avenue I C Active Transportation Plan Ranking: 422- 2243 Q I \1 C AAENE ,4 —. i; 1 r x L lM., •, 1 (� I O f sy F •� I O Q �t' J O Z :Total Sidewalk Gap appro. d _ - WJ `L 0 � 4C nz a c Sung f LEGEND: e` nI •; I McMi lo ' �, r , _, '. ,rf rrf"f.' School -Al� f O Bus Stop . Sidewalk Gap Existing Sidewalk No— Neighborhood Limit Line EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 FREEAND-02 KSUTTON ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 4/21 /2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ames & Gough PHONE FAX 8300 Greensboro Drive (A/C, No, Ext): (703) 827-2277 (A/C, No):(703) 827-2279 Suite 980 E-MAIL admin@amesgough.com McLean, VA 22102 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Underwriters Insurance Company A+ (XV) 30104 INSURED INSURER B: Hartford Casualty Insurance Company A+ (XV) 29424 Freese and Nichols, Inc. INSURER C : Hartford Accident and Indemnity Company A+ (XV 22357 801 Cherry Street, Suite 2800 INSURER D: Continental Casualty Company (CNA) A, XV 20443 Fort Worth, TX 76102 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY 'AID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD W D (MMIDD/YYYYI (MMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0001 CLAIMS -MADE � OCCUR 42UUNOL5238 10/23/2022 10/23/2023 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,0001 X Contractual Liab. MED EXP (Any one person) $ 10,0001 & 1,000,0001 GEN'L PERSONAL ADV INJURY GENERAL $ 2,000,0001 AGGREGATE LIMIT APPLIES PER: POLICY �X PRO- �X LOC AGGREGATE $ 2,000,OOOI PRODUCTS - COMP/OP AGG $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,0001 X ANY AUTO 42UENOL5558 10/23/2022 10/23/2023 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ AUTOS AUUTOS ONLY DAMAGE $ ONLY (Per accident) B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,0001 EXCESS LIAB CLAIMS -MADE 42 XHU OL 5836 10/23/2022 10/23/2023 AGGREGATE $ 10,000,0001 I X I 10,000 DED RETENTION $ $ C W KERS COMPENSATION X I STATUTE PER OERH AND EMPLOYERS' LIABILITY Y/ N 42WBOL6H3F ANY PROPRIETOR/PARTNER/EXECUTIVE 10/23/2022 10/23/2023 1,000,0001 OFFICER/MEMBER EXCLUDED? X N / A E.L. EACH ACCIDENT $ 1,000,0001 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,0001 QFS(,,RIP�ION (2E ePLfRATIONS below E.L. DISEASE - POLICY LIMIT $ D Professional Llab. AEH008214422 10/23/2022 10/23/2023 Per Claim 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROFESSIONAL LIABILITY AGGREGATE LIMIT: $10,000,000 RE: 2022 Bond Sidewalk Year 2 -Pinson Street (CPN 104760) The City of Fort Worth and its affiliates, their respective employees and agents, members, managers, officers and owners (and their beneficiaries, if any), are included as Additional Insured with respect to General Liability, Auto Liability, and Umbrella Liability when required by written contract. General Liability, Auto Liability and Umbrella Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Fort Worth y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: FREEAND-02 LOC #: 1 AFRO ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED mes &Gough Freese Su 801 Cherry yStreet, to 2800 POLICY NUMBER Tort Worth, TX 76102 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance KSUTTON Page 1 of 1 Description of Operations/Locations/Vehicles: insured and when required by written contract. General Liability, Auto Liability, Umbrella Liability and Workers Compensation policies include a Waiver of Subrogation in favor of the Additional Insured where permissible by state law and when required by written contract. 30-day Notice of Cancellation will be issued for the General Liability, Auto Liability, Umbrella Liability, Workers Compensation and Professional Liability policies in accordance with policy terms and conditions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 6/28/23, 11:30 AM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 6/27/2023 REFERENCE NO.. CODE: C TYPE: Official site of the City of Fort Worth, Texas FoRTWORyn **M&C 23- LOG NAME: 2022 BOND SIDEWALK YEAR 0584 2 ENGINEERING CONTRACT CONSENT PUBLIC NO HEARING: SUBJECT: (CD 5 and CD 11) Authorize Execution of Engineering Services Agreements with Freese and Nichols, Inc. in the Amount of $267,900.00 for the 2022 Bond Sidewalk Year 2- Pinson Street Project and with GEI Consultants, Inc in an Amount of $274,850.00 for the 2022 Bond Sidewalk Year 2- Wilbarger Street Project (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an engineering services agreement with Freese and Nichols, Inc., in the amount of $267,900.00 for the 2022 Bond Sidewalk Year 2- Pinson Street project (City Project No. 104760); and 2. Authorize the execution of an engineering services agreement with GEI Consultants, Inc in the amount of $274,850.00 for the 2022 Bond Sidewalk Year 2- Wilbarger Street project (City Project No. 104761). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an engineering services agreement with Freese and Nichols, Inc. for 2022 Bond Sidewalk Year 2- Pinson Street project and with GEI Consultants, Inc for 2022 Bond Sidewalk Year 2- Wilbarger Street project each for design, survey and construction phase services. Each agreement will allow the engineer to produce preliminary and final plans, survey and subsurface utility engineering; create specifications, cost estimates and right-of-way exhibits; and provide bidding and construction management services for the project. The scope of the project on Pinson St includes installing sidewalk and Americans with Disabilities Act (ADA) ramps from Village Creek Rd to Carverly Ave. The scope of project on Wilbarger St includes installation of sidewalks and ADA ramps on from Mitchell Blvd to Vaugh Street. This project is funded using 2022 Bond Sidewalk Improvements programmable funds. Freese and Nichols, Inc. and GEI Consultants, Inc. were selected based on the pre-qualification?list of firms from the Category-19 of the Request for Qualifications advertised in August 2020 for various capital project improvements. Funding for this project was included in the Proposition A - Streets and Mobility Improvements section of the appropriation ordinance for costs associated with projects in the 2022 Bond Program adopted via M&C 22-0599?in the cumulative amount of $300,000,000.00. Funding is budgeted in the Transportation & Public Works Department's 2022 Bond Program Fund for the purpose of funding the 2022 Bond Sidewalk Yr 2 Pinson St & 2022 Bond Sidewalk Yr 2 Wilbarger St projects, as appropriated. The following table summarizes the current funding for the 2022 Bond Sidewalk Year 2- Pinson Street project. Fund Existing Additional Project Total Funding Funding 34027-2022 Bond $540,000.00 $0.00 $540,000.00 Program Fund apps. cfwnet.org/counci I_packet/mc_review.asp? I D=31211 &counci ddate=6/27/2023 1 /3 6/28/23, 11:30 AM M&C Review Project Total $540,000.00 $0.00 $540,000.00 The following table summarizes the current funding for the 2022 Bond Sidewalk Year 2- Wilbarger Street project. Fund Existing Additional Project Total Funding Funding 34027-2022 Bond Program Fund $700,000.00 $0.00 $700,000.00 Project Total $700,000.00 $0.00 $700,000.00 These projects are included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interm financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). M/WBE Office: Freese and Nichols, Inc. is in compliance with the City's Business Equity Ordinance by committing to 19\% Business Equity participation on this project. The City's Business Equity goal on this project is 13\%. GEI Consultants, Inc. is in compliance with the City's Business Equity Ordinance by committing to 34\% Business Equity participation on this project. The City's Business Equity goal on this project is 11 \%. These projects are located in COUNCIL DISTRICT 5 and 11. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the 2022 Bond Sidewalk Year 2- Pinson Street and 2022 Bond Sidewalk Year 2- Wilbarger Street project to support the approval of the above recommendations and execution of the agreements. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds.? TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund I Department Account Project ID ID Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Year William Johnson (5806) Lauren Prieur (6035) Monty Hall (8662) Reference # Amount (Chartfield 2) 104760 Freese and Nichols Sianed Compliance Memo 04252023 BE ND.pdf (CFW Internal) 2022 BOND SIDEWALK YEAR 2 ENGINEERING CONTRACT funds availabilitv.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=31211 &councildate=6/27/2023 2/3 6/28/23, 11:30 AM M&C Review 2022 Bond Sidewalk Yr2 Pinson Wilbar FID Table.xlsx (CFW Internal) 9 - Form 1295 Certificate 101030854 City of Fort Worth CPN 104760 Pinson Street Sidewalk Improvements.pdf (CFW Internal) Compliance Memo Sianed 5.4.23 Al.pdf (CFW Internal) Form 1295.pdf (CFW Internal) LOCATION MAP-CPN104760.pdf (Public) LOCATION MAP-CPN104761.pdf (Public) apps.cfwnet.org/council_packet/mc_review.asp?ID=31211 &counciIdate=6/27/2023 3/3 FORT WORTH."i. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2022 Bond Sidewalk Year 2-Pinson St Engineering Agreement M&C: 23-0584 CPN: 104760 CSO: N/A DOC#: 1 Date: To: Name Department Initials 1. Michelle McCullough TPW - initial Mm 2. Chris Bosco, FNI Consultant - Signature � 3. Shweta Rao, PM TPW - Signature 5 4. Chad Allen, PgM TPW -initial C*- 5. Lissette Acevedo, Sr. CPO TPW -initial v(v 6. Patricia Wadsack AD TPW - initial /-W PL 7. Lauren Prieur, Director TPW - signature 8. Doug Black Legal - signature dW&P 9. William Johnson CMO - signature wN_ 10. Jannette Goodall CSO - signature ,SGTSG 11. TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents re( and all City Departments requesting City Manager's signature for approval MUD TO THE APPROPRIATE ACM for approval first. Once the ACM has signed th, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No Date Out Jun 30, 2023 Jun 30, 2023 Jun 30, 2023 Jul 11, 2023 Jul 11, 2023 Jul 12, 2023 Jul 12, 2023 Jul 20, 2023 Jul 20, 2023 Jul 20, 2023 I eived from any ,T BE ROUTED routing slip, RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Please attach M&C. Return To: TPWContracts(a)FortWorthTexas.aov at ext. 7233 or 8363, for pick up when completed. Thank you! Updated 12.07.2022, mdhm