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HomeMy WebLinkAboutContract 60160CSC No. 60160 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Halff Associates, Inc. authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: CentrePort Trail Phase II — Project No. 102130. 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 $228,000.00 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. The ENGINEER shall provide monthly invoices to CITY. 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 CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 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 competent engineers. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 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 CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 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 CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 Revised Date: November 23, 2021 Page 4 of 15 I. Business Equity Participation CITY has goals for the full and equitable participation of minority business and/or women business enterprises in CITY contracts greater than $100,000. In accordance with the CITY's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the CITY's Code of Ordinances, as amended, and any relevant policy or guidance documents), the CITY has goals for the full and equitable participation of minority business and/or women business enterprises in CITY contracts greater than $100,000. ENGINEER acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is ENGINEER's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER may result in the termination of this Agreement and debarment from participating in CITY contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in City of Fort Worth, Texas CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 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 CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 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 CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 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 CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 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 CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 Revised Date: November 23, 2021 Page 9 of 15 D. Termination (1) This AGREEMENT may be terminated a.) by the CITY for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the CITY, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth, Texas CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 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 City of Fort Worth, Texas CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 Revised Date: November 23, 2021 Page 11 of 15 or any amendments or exhibits hereto. 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 CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 Revised Date: November 23, 2021 Page 12 of 15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the CITY, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the CITY, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the City of Fort Worth, Texas CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 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 Jesica McEachern Assistant City Manager Date: Sep 25, 2023 ATTEST: Jannette Goodall City Secretary BY: ENGINEER HALFF ASSOCIATES, INC. �n1 VU Melanie Cleavelin eb Public Works/Transportation Team Leader Qpp444� foRr 0 9/5/23 go Date: OVo a=A Open nE4psgq� APPROVA L RECOMMENDED: By:� Dave Lewis Acting Director Park & Recreation Department APPROVED AS TO FORM AND LEGALITY By: Jeremy Anato-Mensah Assistant City Attorney I City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 14 of 15 Ssp P Form 1295 No. 2023-980409 M&C No.: 23-0666 M&C Date: 8/8/2023 CentrePort Trail Phase II 102130 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. Jing Yang Landscape Architect Manager Park & Recreation Department City of Fort Worth, Texas CentrePort Trail Phase II Standard Agreement for Engineering Related Design Services 102130 Revised Date: November 23, 2021 Page 15 of 15 Official site of the City of Fort Worth, Texas ACITY COUNCIL AGEND Fo`11 H Create New From This M&C REFERENCE **M&C 23- 80CENTREPORT TRAIL PHASE DATE: 8/8/2023 NO.: 0666 LOG NAME: I AFAAMEND 3 & PHASE II ENGR AGRMT CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (CD 5 ) Adopt a Resolution Authorizing Execution of Amendment No. 3 to the Advance Funding Agreement with the Texas Department of Transportation for the CentrePort Trail Phase I Project to Increase the Project Cost from $6,110,470.00 to $9,610,470.00 with City Participation Increasing to the Total Amount of $1,922,096.00, Authorize Execution of an Engineering Services Agreement with Halff Associates, Inc., in the Amount of $228,000.00 for Final Engineering Design and Construction Administration Services for CentrePort Trail Phase II, Adopt Appropriation Ordinances and Amend the Fiscal Years 2023-2027 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution authorizing execution of Amendment No. 3 to the Advance Funding Agreement with the Texas Department of Transportation (City Secretary Contract No. 49494; CSJ# 0902-90-050) for the CentrePort Trail Phase I (City Project No.100082) to increase the total project cost estimate from $6,110,470.00 to $9,610,470.00 with city participation increasing to the amount of $1,922,096.00; 2. Authorize the acceptance of additional $2,800,000.00 in federal funds contributing to CentrePort Trail Phase I (City Project No. 100082) through the Texas Department of Transportation; 3. Authorize the acceptance of a restricted donation from Streams & Valleys, Inc. in the amount of $35,000.00 designated for CentrePort Trail Phase I (City Project No. 100082); 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Donations Capital Projects Fund in the amount of $35,000.00, from donation accepted, in the PARD Centreport TXDOT Grant project (City Project No. 104858) for the purpose of funding a grant match for the CentrePort Trail Phase I project (City Project No. 100082); 5. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the General Capital Projects Fund by increasing estimated receipts and appropriations in the PARD Centreport TXDOT Grant project (City Project No. 104858) in the amount of $665,000.00 and decreasing estimated receipts and appropriations in the Future Community Partnerships programmable project (City Project No. P00047) by the same amount for the purpose of funding a grant match for the CentrePort Trail Phase I project (City Project No. 100082); 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Capital Projects Federal Fund, in the amount up to (1) $2,800,000.00, subject to the receipt of the grant, and (2) $700,000.00 transferred from the PARD Centreport TXDOT Grant project (City Project No. 104858) within the General Capital Projects Fund and the Special Donations Capital Project Fund, to satisfy the City's match requirement, totaling $3,500,000.00 for the purpose of funding the Centrepoint Trail Phase I (City Project No. 100082); 7. Amend the Fiscal Years 2023-2027 Capital Improvement Program; and 8. Authorize execution of an engineering services agreement with Halff Associates, Inc., in the amount of $228,000.00 for final engineering design and construction administration services for CentrePort Trail Phase II (City Project No. 102130). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to adopt the attached Resolution authorizing execution of Amendment No. 3 to the Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) (City Secretary Contract No. 49494; CSJ# 0902-90-050) for the CentrePort Trail Phase I (City Project No. 100082) for an increase of project construction cost, and the corresponding increase of Federal, State and City cost participation, and authorize the execution of an engineering services agreement with Halff Associates, Inc., in the amount of $228,000.00 for final 90\% to 100\% engineering design and construction administration services for CentrePort Trail Phase II (City Project No. 102130). The CentrePort project includes two phases. Phase I will start at the new American Airlines Campus in the east Fort Worth CentrePort area, connect to Arlington River Legacy Trails and terminate at the Trinity Railway Express (TRE) CentrePort Station (approximately 1.6 miles total). Phase II will start at the THE CentrePort Station and extend east along the THE railroad until meeting Trinity Boulevard, and then continue heading south to Mike Lewis Park in Grand Prairie (approximately 3.5 miles total). Anticipated improvements include a 12-foot wide concrete paved trail, 3-foot wide shoulders, trail structures (bridges, retaining walls, drainage headwalls, tunnel, etc.), traffic control and 911 location signs. The City Council approved an AFA with TxDOT in the amount of $2,757,588.00 on June 20, 2017 (M&C G-18975 and M&C G- 19040) for the engineering and construction of the CentrePort Trail Phase I. The City Council approved Amendment No. 1 to increase the total agreement amount from $2,757,588.00 to $3,684,450.00 on September 25, 2018 (M&C G-19383) for up to 90\% engineering design of the CentrePort Trail Phase II. The City Council approved Amendment No. 2 to increase total project amount from $3,684,450.00 to $6,396,749.00 on June 14, 2022 (M&C 22-0405) based on an increase of 60\% construction cost estimate of CentrePort Phase I. The increase is due to the realignment of the trail around unanticipated large areas of unstable slopes and additional reinforcement structures. Upon execution of the AFA, the amounts were reduced by TxDOT to reflect a less increased amount of $6,384,302.00 which includes project budget in the amount of $6,110,470.00 and Indirect State Costs in the amount of $273,832.00. City participation was reduced to the amount of $1,222,096.00. Amendment No.3 is based on an increase of 100\% construction cost estimate of CentrePort Trail Phase I. The increase is due to construction cost escalation and the trail's close vicinity to exiting highway and the Trinity Railway Express (TRE) infrastructure. As a result, additional drainage structures, security fencing, retaining walls and construction labor training requirements are added into the construction scope. Funding for this amendment was not included in the Fiscal Years 2023-2027 Capital Improvement Program (CIP) due to unanticipated construction challenges being incurred after the CIP was adopted. The action in this M&C will amend the Fiscal Year 2023-2027 Capital Improvement Program as approved in connection with Ordinance 25773-09-2022, Section 7. Capital Improvements, as listed on page(s) 24: Capital Fund Name Project Name FY2023 CIP Authority Budget Revised FY2023 Appropriations Adjustment Budget 30100-General Capital P00047 Future Community $750,000.00 This ($665,000.00) $85,000.00 Projects Partnerships M&C 30100-General Capital 100082 Centreport Trail $0.00 This $665,000.00 $665,000.00 Projects M&C 30100-General Capital Total $750,000.00 $0.00 $750,000.00 Projects The total AFA increase of $3,500,000.00 is summarized below. The City does not budget Indirect State Costs in grants/projects. Original Budget Change Revised Participation Fund Authority Budget (Increase/Decrease) Budget Grants Cap Projects Federal M&C G-18975; G- Federal 19383; 22-0405; $4,888,374.00 $2,800,000.00 $7,688,374.00 Fund This M&C Local PARD Improvements Fund M&C G-18637; G- $350,000.00 $0.00 $350,000.00 (2013 CO's) 18975 Local 2014 Bond Fund M&C G-18975 $170,002.00 $0.00 $170,002.00 General Capital Projects Fund M&C G-19305; G- Local 19383; 22-0405; $355,169.00 $665,000.00 $1,020,169.00 (PAYG) This M&C General Capital Projects Fund Local (Donation from Streams & This M&C $0.00 $35,000.00 $35,000.00 Valleys, Inc.) Local PARD Gas Lease Capital M&C 20-0256 $197,513.00 $0.00 $197,513.00 Projects Fund Local City of Grand Prairie G-19383; 22-0405 $149,412.00 $0.00 $149,412.00 Total Federal and Local $6,110,470.00 $3,500,000.00 $9,610,470.00 Participation Halff has been under contract (M&C C-29147 and City Secretary Contract No. 52483) since June 11, 2019, provi<ng engineering design services for CentrePort Phase I full engineering services and Phase II up to 90\% engineering design services. Business Equity: TxDOT set a goal of 0\%, therefore the City will not override a federal or state goal except where the City is mandated to set goals by state or federal requirements. This project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Future Community Partnerships programmable project within the General Capital Projects Fund and the Centreport Trail Phase 2 project within the Grants Cap Projects Federal Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Grants Cap Projects Federal Fund for the CentrePort Trail and Centreport Trail Phase 2 projects to support the above recommendations and execution of an engineering service agreement and amendment to the advance funding agreement. The Park & Recreation Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manaaer's Office bv: Jesica L. McEachern (5804) Originating Department Head: Dave Lewis (5717) Additional Information Contact: Joel McElhany (5745) ATTACHMENTS 80CENTREPORT TRAIL PHASE I AFAAMEND 3 & PHASE II ENGR AGRMT funds availabilitv.pdf (Public) 80CENTREPORT TRAIL PHASE I AFAAMEND 3 & PHASE II ENGR AGRMT Undated FID v7.xlsx (CFW Internal) CENTREPORT TRAIL PHASING MAP.PDF (Public) DBE Waiver CentrePortTrailPhase ll.pdf (CFW Internal) Executed AFA Amendment 2 Contract.Ddf (Public) Form 1295 Certificate 101004686 HalffSianed 2023-02-08.pdf (CFW Internal) ORD.APP 80CENTREPORT TRAIL PHASE I AFAAMEND 3 & PHASE II ENGR AGRMT 31001 A023(r4).docx (Public) ORD.APP 80CENTREPORT TRAIL PHASE I AFAAMEND 3 & PHASE II ENGR AGRMT 31001 A023(r5).docx (Public) ORD.APP80CENTREPORT TRAIL PHASE I AFAAMEND 3 & PHASE II ENGR AGRMT 31001 A023(r6).docx (Public) Resolution CentrePortAFAAmedment3.docx (Public) ■■■ HAL F F ATTACHMENT A CentrePort Trail Phase 2: Final 10% Construction Documents City of Fort Worth ■■■ SCOPE OF SERVICES January 20, 2023 City Project No. 102130 LANDSCAPE ARCHITECTURE and ENGINEERING SERVICES for CENTREPORT TRAIL PHASE 2: FINAL 10% ENGINEERING DESIGN (95% and 100% CONSTRUCTION DOCUMENTS) PURPOSE Per the City of Fort Worth's (CLIENT, OWNER) request we understand that you would like Halff Associates, Inc. (ENGINEER) to prepare 95% and 100% (Final 10% Design) construction documents for CentrePort Trail Phase 2 (PROJECT) for the City of Fort Worth (CLIENT, OWNER) and TxDOT (ADMINISTRATOR). This proposal incorporates the City of Fort Worth alignment changes provided after the 30% package was submitted on June 12, 2020. This basic scope of services supplements the scope of services outlined in the Professional Services Agreement dated June 11, 2019. The services to be provided as part of this amendment are as follows: ASSUMPTIONS The scope of services included with this proposal are based on the following assumptions: 1. The following items are included in the PROJECT and this scope confirmation: a. The 95% and 100% construction documentation submittals (under CSJ 0902-00-235) will be stand-alone package/portfolios (including all City -Specific and TxDOT Specifications) provided to the City of Fort Worth and TxDOT. b. The trail alignment will tie into CentrePort Trail Phase 1 beginning north of the T.R.E. Line at the CentrePort Station, continue east through the T.R.E. property to Trinity Blvd., and continue south along the west side of Trinity Blvd connecting the Grand Prairie CentrePort Trail Phase 2 segment. c. One (01) single -span (no intermediate bridge supports) bridge crossing over the existing armored channel (east of the T.R.E. CentrePort Station). The bridge will be located and designed to avoid and/or minimize impacts to the existing 100-year flood limits and the channels outfall flows. d. Retaining walls will be utilized where necessary due to property, existing drainage features, and/or utility constraints. 2. In addition to all surveyed topographical data, City GIS, LiDAR, and NCTCOG data, will be used, if needed, in the assessment and review of the proposed improvements. 3. The project planning area includes trail and railing improvements to meet current accessibility and AASHTO requirements. 4. Drawings will comply with City and TxDOT standards in accordance with the Texas Department of Transportation TxDOT PS&E Preparation Manual, October 2017. Page 2 mmm HA L F F CentrePort Trail Phase 2 Final 10% Construction Documents ■■■ City of Fort Worth ■■■ January 20, 2023 5. Drawings described in this proposal will be integrated with the trail construction drawings prepared as a continuation of the scope of services stated in the Professional Services Agreement (PSA) dated June 11, 2019, and per the revised 30% construction drawings prepared under the contract amendment dated July 9, 2021. 6. City of Fort Worth, City of Grand Prairie, T.R.E., and franchise utility providers close to or adjacent to the PROJECT area will provide available base -map information, including, but not limited to, as-builts, record drawings, lay drawings, condition assessments, aerial data, utility information, and environmental reporting. 7. City of Fort Worth will acquire land or obtain access on private property either through eminent domain or easement acquisition to accommodate the trail realignment. 8. ENGINEER is not responsible for acquiring right of entry. Upon coordination, all impacted utility franchise and/or private property owners shall be responsible for providing access and right of entry for any necessary data collection, field assessments, and/or site investigations. 9. There are no significant changes to site conditions since the execution of the June 11, 2019, PSA. New survey for revisions to the trail alignment will supplement existing survey. 10. The survey will be completed in accordance with City of Fort Worth specifications, procedures, and standards. Page 3 HA L F F CentrePort Trail Phase 2 Final 10% Construction Documents ■■■ City of Fort Worth ■■■ January 20, 2023 BASIC SCOPE OF SERVICES TASK 1— COORDINATION/MANAGEMENT/COMMUNICATION Aaencv Coordination Meetinas: ENGINEER will coordinate and facilitate coordination tasks with the OWNER, ADMINISTRATOR, and other entities as necessary, including but not limited to, THE/DART, USACE, TRWD, utility companies, and local stakeholders in a continuation of the June 11, 2019, PSA. Tasks will include design review meetings, submittal document reviews and general question and answer. This amendment includes up to five (05) additional coordination meetings. ENGINEER shall notify OWNER and request additional compensation if additional meetings are necessary for ongoing coordination and/or the completion of the 100% design drawings. Drawina Deliverable/Desian Review Meetinas: ENGINEER will conduct four (04) design submittal review meetings to discuss all comments related to the PROJECT at each milestone. Two (02) meetings with the OWNER and two (02) meetings with the ADMINISTRATOR, OWNER, and other entities. The design submittal review meetings will be held at the ENGINEER's office or virtually via WebEx and include two (02) Halff representatives. The meeting and submittal milestones shall be as follows: 95% Construction Documents — Two (02) meetings 100% Bid Package —Two (02) meetings TASK 2 — PREPARATION OF EASEMENT OR RIGHT-OF-WAY EXHIBITS Preparation of Easement or Riaht-of-Wav Exhibits: Once the Boundary Surveying Services are complete, ENGINEER will prepare all Easement Exhibits needed for the PROJECT (including production and issuance of metes and bounds for the use of OWNER). The Exhibit(s) shall include both a drawing and written legal description, signed, and sealed by a Texas Registered Professional Land Surveyor. Based upon the City of Fort Worth trail alignment changes, the number of expected Exhibits to be prepared by the ENGINEER, as described above, will not exceed seven (07) at $4,000 each. TASK 3 —CONSTRUCTION DOCUMENTATION Construction Document Preparation (95% and 100% Bid Packaae): ENGINEER shall prepare final submittals (plans, specifications, and opinion of probable construction cost) for the 95% review submittal and the 100% Bid Package to the OWNER and ADMINISTRATOR based on the previously -approved alignment. Submittal milestone will be in accordance with the dates set on the revised project schedule approved by the ADMINISTRATOR. The 95% and 100% design submittals will follow the 60% and 90% design milestones described under Task 5 of the PSA dated June 11, 2019. Page 4 mmm HA L F F CentrePort Trail Phase 2 Final 10% Construction Documents ■■■ City of Fort Worth ■■■ January 20, 2023 The approved schedule milestone dates are based on an assumed ADMINISTRATOR submittal review period of eight (08) weeks maximum. Review periods exceeding eight (08) weeks may impact subsequent submittals and/or letting dates. As described in the ASSUMPTIONS section within this proposal, the 95% and 100% construction documentation (following the 30%, 60%, and 90% submittals) will be stand-alone packages/portfolios including all City -Specific contracts, general conditions, bond forms, proposal forms, TxDOT Specifications, and special provisions. Design documents shall include the anticipated improvements identified in the ASSUMPTIONS section within this proposal as well as in the PROJECT DESCRIPTION section within the original scope of services stated in the PSA dated June 11, 2019. Design for all improvements shall follow current TxDOT and OWNER design standards, and AASHTO design guidelines for bicycle facilities unless directed otherwise by TxDOT and OWNER. In addition to the anticipated improvements described above, ENGINEER's design plans shall also contain the following base information: a. Project name; and if applicable, the street address, and lot and block description. b. Date, scale, north arrow, and the names, addresses, and telephone numbers (if readily available or applicable) of each property owner and the person preparing the plan. c. Location of existing boundary lines and ROW (with proposed property/easement acquisitions marked and with ownership data summary table on each sheet). d. Approximate centerlines of existing water courses and the location of the floodplain; the approximate location of significant drainage features; and the location of existing and proposed streets and alleys, driveways, and sidewalks on or adjacent to the lot. e. Approximate location of overhead, known underground utility lines, and utility easements within the project limits, including the location of utility poles, generators, and equipment. f. Visibility triangles, if applicable. ENGINEER's design plans shall be suitable for use in 11-inch x 17-inch format with black and white line work and with screened -back black and white (gray -tone) aerial photo background in the overall site plan. ENGINEER shall provide OWNER and ADMINISTRATOR with three (03) hard copies (full size) and one (01) electronic PDF for OWNER and ADMINISTRATOR review. ENGINEER shall, at the request of the OWNER or ADMINISTRATOR, transmit electronic copies of ENGINEER work product components including data, photos, images, text, designs, and cost opinions for project -related use by OWNER or ADMINISTRATOR including project budgeting and project coordination/communication. ENGINEER shall attend no more than two (02) meetings at the 95% milestone (prior to 100% Bid Package preparation and delivery) and no more than two (02) meetings at the 100% milestone, as described above, with OWNER and ADMINISTRATOR to discuss OWNER or ADMINISTRATOR review comments regarding the design drawings and opinion of probable construction cost. ENGINEER shall notify OWNER and request additional compensation if additional meetings are necessary for ongoing coordination and/or the completion of the 95% or 100% design drawings. Page 5 HA L F F CentrePort Trail Phase 2 Final 10% Construction Documents ■■■ City of Fort Worth ■■■ January 20, 2023 After the review, ENGINEER shall update design drawings and opinion of probable construction cost incorporating input from OWNER or ADMINISTRATOR into the final 100% Bid Package. The 95% and 100% design drawings shall include the following: A) 95% and 100% Construction Documents/Bid Package (Final 10% Engineering Design) Per the City of Fort Worth's Request for Proposal (RFP) dated July 21, 2020, ENGINEER shall provide Landscape Architecture and Engineering Services to prepare the final 10% design to complete the 95% and 100% Construction Documentation and Bid Package. ENGINEER's 95% and 100% construction documents shall include the following sheets, in order shown below: a. Cover sheet b. TxDOT Fort Worth District Standard General Notes c. Quantity Summary sheet d. Overall site plan (with key map and references to plan sheets as noted below) e. Traffic control plans f. Trail Detail Plans including alignment data, trail paving plan and profile sheets, special grading area, and special and standard details. g. Retaining wall details and layouts h. Drainage details, calculations, and layouts i. Bridge Details and layouts j. Pavement Markings and Markers including City of Fort Worth 9-1-1 signs and other wayfinding signs. k. Removal Plans including protected tree removal and schedule. I. Storm Water Pollution Prevention Plans and Erosion Control including temporary and permanent vegetation m. Plan enlargements, sections, and elevations. n. Engineering and landscape details (at 95% and 100% finish level). o. Technical specifications for all site improvements following TxDOT standards. ENGINEER's 95% submittal shall include the construction document package (electronic version) for final OWNER and ADMINISTRATOR review. ENGINEER shall incorporate any remaining comments from both the OWNER and/or ADMINISTRATOR regarding the 90% construction document package before the final submittal of the 95% Bid Package. ENGINEER's 100% Bid Package shall include the sealed and signed construction document package (both hardcopy and electronic version) for bid. ENGINEER will provide four (04) full size and four (04) half size hardcopy prints of the construction documents and three (03) hardcopy prints of the specifications. ENGINEER shall incorporate any remaining comments from both the OWNER and/or ADMINISTRATOR regarding the 95% construction document package before the final submittal of the 100% Bid Package. TASK 4 — OPINION OF PROBABLE CONSTRUCTION COST ENGINEER shall provide an updated opinion of probable construction cost for both the 95% milestone and 100% Bid Package. ENGINEER's opinion of probable construction cost shall be based on the quantities indicated on the ENGINEER's plans and on the unit prices current at the time of the cost opinion preparation. Page 6 HALFF TASK 5 — BIDDING SERVICES CentrePort Trail Phase 2: Final 10% Construction Documents City of Fort Worth January 20, 2023 At the completion of the 100% Construction Documents/Bid Package, ENGINEER shall process and assist the OWNER and ADMINISTRATOR in the selection of a qualified contractor to complete the PROJECT. ENGINEER's tasks are as follows: a. Provide all required bidding documents for a bid package for OWNER and/or ADMINISTRATOR use. b. Prepare and submit written responses to bidder Requests for Information (RFI's) and or the preparation/development of any addenda to the Contract Documents as may be required during the bidding or negotiating process. If addenda are required, ENGINEER shall notify OWNER prior to proceeding. c. Attend one (01) pre -bid conference. Site visits are excluded. d. Evaluation and assessment of lowest responsive bidder. TASK 6 — CONSTRUCTION ADMINISTRATION Once a contractor has been selected to complete the PROJECT, ENGINEER shall assist the OWNER and ADMINISTRATOR, by performing the following tasks: a. Attend one (01) pre -construction meeting in support of the OWNER and/or ADMINISTRATOR. b. Review RFIs and contractor submittals as they relate to the PROJECT and general conformance to the construction contract documents. i. Responses to RFIs and/or contractor submittals that result in requested design modifications differing from the 100% design drawings will be discussed with OWNER and ADMINISTRATOR prior to proceeding. ENGINEER will notify OWNER and prepare additional service requests prior to proceeding with design revisions associated with Owner and/or contractor requested changes. c. Assist in the review of up to three (3) substitution requests, up to twelve (12) contractor schedule reports, and up to twelve (12) pay requests. d. Attend up to twelve (12) on -site construction coordination/status meetings as requested by the OWNER and/or ADMINISTRATOR during the construction phase of the PROJECT. e. Provide up to twelve (12) site -observation reports, either via email or memorandum. The observation reports will include a summary of corrective work to be performed by the construction contractor. f. Participate in final walk-through, prepare list outstanding items and visible deficiencies, and provide a punch list of construction items requiring corrective action prior to the contractor's final pay request and OWNER's and ADMINISTRATOR's final acceptance. Page 7 mmm HA L F F CentrePort Trail Phase 2 Final 10% Construction Documents ■■■ City of Fort Worth ■■■ January 20, 2023 TASK 7 — STATE ACCESSIBILITY PLAN REVIEW ENGINEER will submit drawings and specifications to the Texas Department of Licensing and Regulation (TDLR) for review of accessibility. ENGINEER will incorporate any comments received and adjust the plans as needed. This cost will be included as part of the base fee schedule. Review and site Inspection fees payable to TDLR will be paid by the ENGINEER and delivered with transmittal of the plans to TDLR. Printing of plans and specifications, shipping and payment of review and inspection fee will be reimbursable expenses as defined in the original scope of services as a continuation of the Professional Services Agreement dated June 11, 2019. Page 8 mmm HA L F F CentrePort Trail Phase 2 Final 10% Construction Documents ■■■ City of Fort Worth ■■■ January 20, 2023 EXCLUSIONS The following services are not included in the scope or fees for this proposal; but, can be provided by Halff Associates, Inc., subject to negotiation: General: 1. Any additional work not specifically included in the Proposed Scope of Work will be accomplished as Additional Services. 2. Any work associated with Construction Administration resulting in technical modifications altering the trail alignment, structural elements, and/or any design changes outside the scope of work described for the 100% design drawings. ENGINEER shall notify OWNER, request additional compensation, and revise the previously approved schedule accordingly. 3. Client generated changes to the design once Construction Document Preparation is in progress. Time will be billed at fee base per task, per a proposal approved by the CLIENT, until the work is at the same level of completion as it was prior to the change. 4. Revisions to the plans requested by the CLIENT after the plans are approved, unless necessitated by discrepancy and inaccuracy in the surveys and plans. 5. Design of areas outside the limits of the defined project site. 6. Design of gas, telephone, or other utility improvements. 7. Traffic engineering reports or studies. 8. Extra Public meetings or hearings not specified in the original scope of services described in the Professional Services Agreement dated June 11, 2019. 9. Additional graphic products. 10. Additional meetings or workshops not identified in the project scope of services. 11. Permit fees, filing fees, pro -rated fees, impact fees, taxes, federal and/or state regulatory agency review fees. 12. Printing of additional drawings, specification and contract documents not identified in the project scope of services. 13. Construction staking. 14. Permit fees, filing fees, pro -rated fees, impact fees, taxes, federal and/or state regulatory agency review fees. 15. Preparation and printing of As -Built Drawings. 16. Design/coordination of existing utility relocations or modifications, unless necessitated by discrepancy and inaccuracy in the surveys and plans. 17. Extra negotiations with adjacent property owners not specified in the original scope of services within the Professional Services Agreement dated June 11, 2019 or as described below within the "Trail Width Study/Easement Acquisition and Coordination" section. 18. Additional TxDOT or regulatory agency requirements not identified in the proposed scope of services. 19. Technical reports for the following items are excluded from this scope of services: noise, air quality, community impacts, indirect impacts, and cumulative impacts, unless necessitated by the completion of the CE process. 20. Effort to obtain right -of -entry from public or private landowners to allow for the completion of environmental services is not included in this scope of work. Page 13 mmm HA L F F CentrePort Trail Phase 2 Final 10% Construction Documents ■■■ City of Fort Worth ■■■ January 20, 2023 21. This scope of work does not include threatened or endangered species surveys of Section 7 consultation with the USFWS under the Endangered Species Act, unless necessitated by the completion of the CE process. 22. If TxDOT or a regulatory agency requires additional information other than standard information and submittals required for the completion of this project, then a supplemental services agreement will be required. 23. SUE is not included. 24. Electrical Engineering is not included. 25. Traffic Signal modifications are not included. 26. Irrigation is not included. 27. Survey services for Easement and/or ROW Exhibits prepared to TxDOT Standards are excluded. 28. Value Engineering services and any design revisions resulting from Value Engineering is excluded. Hydrology/Hydraulic Study: 29. Proposed hydraulic analysis of alternative alignments other than those discussed herein. 30. Correction of hydraulic models outside of project limits. 31. 2D hydraulic analysis is not included. 32. Grand Prairie and Federal Permitting for the Fort Worth Portion of the West Fork. 33. Detention, downstream assessments, and local drainage analysis. 34. Permitting fees (language provided above). 35. Public and/or neighborhood meetings and presentations related to the hydraulic analysis 36. Federal, state, or local review and processing fees are excluded, except where provided for in the scope of services. 37. FEMA may require that a public notice of revisions to the floodplain maps be inserted in at least one local newspaper at the LOMR stage, the cost of which is determined by each newspaper. It is estimated that this cost will be $900-$1200 and is not included in the scope of work. 38. CDC Application review and processing fees of at least $6,000.00 for development within effective or ineffective flows area of 100- year and within effective flow area of SPF model. Or at least $4,000.00 for development within ineffective flows areas of 100- year and SPF model, are not included. Additionally, a CDC model maintenance fee of $2,500 for incorporating LOMR into the CDC model or any other additional technical review costs are not included. 39. Based on the current alignments, no FEMA CLOMR or LOMR is expected to be required for the improvements within the Phase 2 City of Fort Worth portion. Therefore, no CLOMR or LOMR preparation services are included herein for the portion of the trail within the City of Fort Worth. Any deviations from this will require additional services and fees. Page 14 ATTACHMENT B COMPENSATION CentrePort Trail Phase II City Project No. 102130 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sum fee of $228,000.00 as summarized in Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item 111. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Park & Recreation Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B - Compensation CentrePort Trail Phase II Page 1 of 2 AN ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees momHALFF' CentrePort Trail Phase 2; Final 1096 Construction Fort Worts MEN City of Fart Worth ■■■ January 217, 21723 CENTREPORT TRAIL PHASE 2: FINAL 10% ENGINEERING DESIGN (95% and 100% CONSTRUCTION DOCUMENTS) A. Basic Lump Sum Fee Services: The basis of compensation for Basic Lump Sum Fee services shall be as follows: Task 1— Coordination/PAanagement/Communication $10,000 Task 2— Preparation of Easement of Right -of -Way Exhibits $28,000 Task 3 — Construction Documentation $125,000 Task 4 — Cost Estimates $6,500 Task 5 — Bid and Negotiation $4,000 Task 6 — Construction Administration $50,000 Task 7 — State Accessibility Plan Review $2,000 Direct Costs (Estimated Reimbursables) $2,500 OVERALL TOTAL (Tasks 1, 2, 3, 4, 5, 6 & 7 with Direct Costs) $228,000 City of Fort Worth, Texas Attachment B - Compensation CentrePort Trail Phase II Page 2 of 2 AM ATTACHMENT C CHANGES AND AMENDMENTS TO STANDARD AGREEMENT CentrePort Trail Phase II City Project No. 102130 Article VI General Legal Provisions 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 God, 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. J. Observe and Comply ENGINEER shall at all times observe and comply with applicable 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 applicable 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 indemnify and hold harmless CITY and all of its officers, agents and employees from and against liability arising out of the violation of any such law, ordinance, or regulation, whether it be by itself or its employees. City of Fort Worth, Texas Attachment C - Amendments CentrePort Trail Phase II Page 1 of 1 ATTACHMENT D PROJECT SCHEDULE CentrePort Trail Phase II City Project No. 102130 The ENGINEER will work in timely manner to meet the project delivery goals of the City. The understanding of the project timing is as follows: 90% CD Review Survey Documents (Late Aug 2023 - Late Nov 2023) Address 90% Comments (Late Aug 2023 - Late Nov 2023) 95% Construction Documents Submittal (Early December 2023) 95% CD Review - CFW (Late Dec 2023 - Early Feb 2023) (8 weeks) Address 95% Comments 100% Construction Documents submittal (Early Aug 2024) 100% CD Review - CFW (Late Aug 2024 - Early Oct 2024) (8 weeks) ....... ........ ........ ........ ........ ................................................ ......... ........ ........ ........ ........ ................ . Address comments & complete Final Drawings Final Drawings Received (Late December 2024) TxDOT Authorization to Bid/Request For Construction FPAA (Early Jan 2025) ......................................... .......... ........ .............................. .................... ........ ........ ........ ........ ........ ................ . TxDOT Letting Deadline (Early May 2025) Construction Phase (Late Aug 2025 - Early Oct 2026) Pre -construction Meeting /Issue Notice To Proceed (Late Aug 2025) Construction (Early Sept 2025 - Early Sept 2026) Final Inspection 1 Close Out (Early Oct 2026) City of Fort Worth, Texas Attachment D — Schedule of Services CentrePort Trail Phase II Page 1 of 1 a ATTACHMENT E �-} �",} PROJECT LOCATION MAP Qz i<�- City Project No. 102130 � O Q O <U �0U _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1 _ _ _ _ _ _ I r Z I T CSJ0902-90-050 LIMIT I � (BOTH CITIES) BEGIN PHASE I w L — TRINITY BLVD > ICOUNTY LINE II Z STATLER BLVD � I I "'m 0 END PHASE I — — — — — — — — — — — I CENTREPORT T.R.E. PHASE I TRAIL I ROCK ISLAND RD I BEGIN PHASE II / PROJECT (FORT 1 I WORTH SEGMENT) I \GRAND PRAIRIE PHASE I LIMI S \` ` FORT WORTH �P I� � I <� � END PHASE II I I << ' (FORT WORTH ( o SEGMENT) CENTREPORT BEGIN PHASE II I PHASE II TRAIL (GRAND PRAIRIE WEST FORK ( I \ SEGMENT) TRINITY RIVER �ITY OF GRAND PRA RITS E) II � III I II 1 % II 1 I - ISHADY GROVE RI I I�----, LO II (CITY OF FORT WORTH) PHASE II LIMITS I— — — — — — — — — — — — — I \GRAND PRAIRIE I ; \� AZT III o �\ END PHASE 11 WESTFOPROJECT TRINITY RIMER 1 I SEGMNENT) PRAIRIE I � I III .oC<y MIKE L � gR�gFR PARK LPHASEIILIMITS1-------- ----------------------------------J N OVERALL PROJECT EXHIBIT CENTREPORT TRAIL DATE:06/11/2021 AVID:34838.002 ,000 100 3000 MEN HALM SCALE:1"=2000' m 1201NORTH R 81 (214) 346 6200 ATTACHMENT F City Project No. 102130 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 ENDORSEMENT This endorsement, effective 12:01 A.M. 08/01/23 forms a part of Policy No. CA5717893 issued to Halff Associates, Inc. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident' or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. �IZEDEPRESENTATIVE 62897 (6/95) BAWWRMates, Inc. POLICY NUMBER: GL5856923 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. SCHEDULE Location(s) Of Covered Operations PER THE CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to that which you are required by the contract include as an additional insured the person(s) or or agreement to provide for such additional organization(s) shown in the Schedule, but only insured. with respect to liability for "bodily injury", B. With respect to the insurance afforded to these "property damage" or "personal and advertising additional insureds, the following additional injury" caused, in whole or in part, by: exclusions apply: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 ❑ C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 ❑ POLICY NUMBER: GL5856923 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing opera- tions or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ POLICY NUMBER: GL5856923 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribu- tion from any other insurance available to the additional insured. CG 20 01 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. This endorsement, effective 12:01 AM 08/01/2023 Issued to Halff Associates, Inc. By NEW HAMPSHIRE INSURANCE COMPANY forms a part of Policy No. WC014195843 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah. WC 00 03 13 Countersigned by (Ed. 04/84) ��4W Authorized Representative 088 WC 00 03 13 Countersigned by (Ed. 04/84) Authorized Representative TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 08 / O1 / 2023 forms a part of Policy No. WC 014-19- 5843 Issued to HALFF ASSOCIATES, INC. By NEW HAMPSHIRE INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS. WC 42 03 04 B Countersigned by (Ed. 6-14) Authorized Representative ® Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved.