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Contract 60645
CSC No. 60645 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"), for a PROJECT generally described as: Water Main Replacement on Keller Hicks Road — Project No. 103276. 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 $46,500.00 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 1 of 15 Water Main Repl. on Keller Hicks Rd. City Project No. 103276 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 2 of 15 Water Main Repl. on Keller Hicks Rd. City Project No. 103276 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 3 of 15 Water Main Repl. on Keller Hicks Rd. City Project No. 103276 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 4 of 15 Water Main Repl. on Keller Hicks Rd. City Project No. 103276 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 5 of 15 Water Main Repl. on Keller Hicks Rd. City Project No. 103276 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 6 of 15 Water Main Repl. on Keller Hicks Rd. City Project No. 103276 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 7 of 15 Water Main Repl. on Keller Hicks Rd. City Project No. 103276 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 Water Main Repl. on Keller Hicks Rd. Standard Agreement for Engineering Related Design Services City Project No. 103276 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 9 of 15 Water Main Repl. on Keller Hicks Rd. City Project No. 103276 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.) b.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 10 of 15 Water Main Repl. on Keller Hicks Rd. City Project No. 103276 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 11 of 15 Water Main Repl. on Keller Hicks Rd. City Project No. 103276 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2274 of the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 12 of 15 Water Main Repl. on Keller Hicks Rd. City Project No. 103276 Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. City of Fort Worth, Texas Water Main Repl. on Keller Hicks Rd. Standard Agreement for Engineering Related Design Services City Project No. 103276 Revised Date: November 23, 2021 Page 13 of 15 The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Attachment B - Attachment C Attachment D Attachment E - Attachment F Scope of Services Compensation - Amendments to Standard Agreement for Engineering Services - Project Schedule Location Map — Insurance Requirements City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 14 of 15 Water Main Repl. on Keller Hicks Rd. City Project No. 103276 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 DanDarHa ffEYti qh (off CST) Dana Burghdoff Date: Dec 26, 2023 ATTEST: Jannette S. Goodall City Secretary APPROVAL RECOMMENDED: Christopher Harder By.Christopher Harder (Dec 22, 2023 14:40 CST) Chris Harder, P. E. Director, Water Department BY: ENGINEER Freese and Nichols, Inc. Assistant City Manageri0L/01/4-(2(0 Nicholas Lester, P. E. Vice President Date: 12/22/2023 APPROVaO FORM AND LEGALITY Form 1295 No. N/A By: ()Black (Dec 22, 2023 23:38 LS M&C No.: 23-1080 Douglas W Black Sr. Assistant City Attorney M&C Date: 12/12/2023 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. For John tkasavich, P.E. Project Manager City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 15 of 15 Water Main Repl. on Keller Hicks Rd. City Project No. 103276 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A DESIGN SERVICES FOR WATER LINE IMPROVEMENTS - KELLER HICKS ROAD (FROM PINETREE CIRCLE TO LAUREN WAY) CITY PROJECT NO.: 103276 ATTACHMENT A Scope for Engineering Design Related Services for Water Line Improvements DESIGN SERVICES FOR WATER LINE IMPROVEMENTS - KELLER HICKS ROAD (FROM PINETREE CIRCLE TO LAUREN WAY) CITY PROJECT NO.: 103276 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 water line improvements for the Keller Hicks Road project is to replace a 1.5" water line from Pinetree Circle to 400 feet east of Lauren Way (approximately 2,800 feet). The proposed 12" water line will be within the proposed three -lane undivided concrete roadway. The existing private water services will be replaced along the southside of Keller Hicks Road to be connected to the new 12" water line. West of Pinetree Circle, the proposed 12" water line will connect to the existing 12" water line. East of Lauren Way, the proposed 12" water line will dead end and a fire hydrant will be installed. The 12" water line improvements will require coordination with the Keller Hicks Road project from Lauren Way to US 377 (CPN 100146). WORK TO BE PERFORMED Task 1. Design Management (Included in Separate Contract) Task 2. Conceptual Design (30%) (Included in Separate Contract) Task 3. Preliminary Design (60%) (Included in Separate Contract) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services (Included in Separate Contract) Task 6. Construction Phase Services (Included in Separate Contract) Task 7. ROW/Easement Services (Included in Separate Contract) Task 8. Survey and Subsurface Utility Engineering Services (Included in Separate Contract) City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 4 ATTACHMENT A DESIGN SERVICES FOR KELLER HICKS ROAD (FROM LAUREN WAY TO PARK VISTA BOULEVARD) CITY PROJECT NO.: 103276 TASK 4. FINAL DESIGN (90% AND 100%). ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design Package. Final Design shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the Final Design of the improvements as follows: 4.1. Final Design (90%) Plans: • Conduct one (1) site visit. • Coordinate with design team and construction phase team regarding progress CPN 100146 project. • Overall project water layout sheets (assumes 1 sheet). The water layout sheet shall identify the proposed water main improvement/existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. • Overall water abandonment sheet (assumes 1 sheet). • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. • Bench marks per 1,000 ft of plan/profile sheet — two or more. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Plan and profile sheets (assumes 6 sheets) which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. • The ENGINEER shall make provisions for reconnecting all identifiable water service lines which connect directly to any main being replaced, including replacement of existing service lines within CITY right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. • The ENGINEER will provide CITY standard detail sheets for water line installation replacement. No special detail sheets are assumed to be. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 2 of 4 ATTACHMENT A DESIGN SERVICES FOR KELLER HICKS ROAD (FROM LAUREN WAY TO PARK VISTA BOULEVARD) CITY PROJECT NO.: 103276 4.2. Final Design (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 shall supplement the technical specifications, as needed. 4.3. 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. 4.4. Final Design (100%) Plans: • ENGINEER will progress, update, or revise the design plans listed in the Conceptual Design submittal and the additional design plans: 4.5. Final Design (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 shall supplement the technical specifications, as needed. 4.6. 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. 4.7 Quality Control • ENGINEER will conduct QC of the 95% Design deliverables. ASSUMPTIONS • Two (2) copies of half size (11"x17") plans for 90% and 100% Design. • One (1) set of the Project Manual (Contract and Specifications) for 90% and 100% Design. • Two (2) 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. DELIVERABLES A. Final Design Plans (90% and 100%) B. Final Design Project Manual (Contract and Specifications) (90% and 100%) C. Opinion of Probable Construction Cost (90% and 100%) City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 3 of 4 ATTACHMENT A DESIGN SERVICES FOR KELLER HICKS ROAD (FROM LAUREN WAY TO PARK VISTA BOULEVARD) CITY PROJECT NO.: 103276 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition including temporary right -of -entries. • 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 related to submitting for permits (ie.TxDOT, railroad • Services related to Subsurface Utility Engineering Levels A, B, C or D • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right -of -entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 4 of 4 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Design Services for Water Main Replacement on Keller Hicks Road City Project No. 103276 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $46,500.00 as summarized in Exhibit B-1 — Engineer Invoice and 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. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. 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. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols, Inc. Project Management and Design Services $46,500.00 100.0% Prime Consultant Total: $46,500.00 100.0% MBE/WBE Sub -Consultants MBE/WBE Sub -Consultants Total: $0.00 0.0% Non-MBE/WBE Consultants Non-MBE/WBE Consultants Total: $0.00 0.0% TOTAL $46,500.00 100.0% Project Number & Name Total Fee MBE/WBE Fee MBE/ WBE % CPN 103276 - Water Line Improvements - Keller Hicks Road From Pinetree Circle to Lauren Way $46,500.00 $0.00 0.00% City MBE/WBE Goal = = 0.0% City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 3 of 4 Consultant Committed MBE/WBE Goal = 0.0% Water Line Improvements - Keller Hicks Road From Pinetree Circle to Lauren Way CPN 103276 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 Official Release Date: 8.09.2012 Page 4 of 4 Water Line Improvements - Keller Hicks Road From Pinetree Circle to Lauren Way CPN 103276 B-4 IPreeti KC, P.E. Project Manager: Professional Services Invoice co N O Supplier Instructions: City Sec Number: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. 0 Company Name: Todd Buckingham, P.E., ENV SP 817-735-7491 Service Date:To Remit Address', 801 Cherry Street # 2800Fort Worth, Texas 76102 Invoice Date: o 0 H3� O Totals This Invoice Overall Percentage Spent: Professional Services Invoice CO Supplier Instructions: Water Line Design CO CO LIT LIT \\CD CD 817-735-7517 817-735-7491 01 Cherry Street # 2800Fort Worth, Texas 76102 Remit Addr Remaining Balance I $46,500.001 Current Invoice Percent ($) Invoiced Spent Previously LTD Completed Amount Agreement Amount to Date $46,500.04 Pay Items Agreement Amendment Amendment Description Amount Number Amount 546,500.00I 0 Totals This Unit: Overall Percentage Spent: N m 1 5 A r r $46,500 $1,487 Hf 2,V Yf $3,450 $10,260 ONzt Yf Yf tNp Yf Yf $0 $0 a m V Yf 2 2 2 w U To r $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Expense Reproduction $0 $0 $0 es 000000 o, Subconsultant MBE/WBE Non-MBE/WBE a 710 O r w w w d °r° w H o us w i m w w w w w w (Hours) Claire Yancey Aaron Nick Lester Litteken U O r m. J w o o w W o 0 0 0 0 0 0 0 ' H J w 0 o O M M o 0 0 0 0 o m W r f J M O O 0 N b b N N M T ` W O O O O O O 0 Labor Todd manda Buckingham Colton Fisher Johnson a r J 2. w 0 o a> N V V O N N M O N M 0 0 0 0 0 0 .4 a a w 0 q o o N NN NN o 0 0 0 0 0 f 40 .0 0 0' N N .-.- N 0 0 0 0 0 0 Task Description Rate Task 1 . Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Site Visit Coordination with CPN 100146 Project 90% Design UTILITY DESIGN _ Overall Project Water Layout Sheets Overall Water Abandonment Sheets Water Line Plan and Profile Sheets Water Details Project Manual (Contract and Specifications) Opinion of Probable Construction Cost QA/QC O 8 Progress, Update, Revise Design Plans from Previous Submittal: UTILITY DESIGN Project Manual (Contract and Specifications) Opinion of Probable Construction Cost U ° a Task 5. Bid Phase Services (Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Geotechnical Investigation / Pavement Design Task 10. Permitting l ask 11. uuallty control/ Quality Assurance Totals o Fz N v w �o i. m m Z. E E N Cr. x F F F N a m U d 0. 0 Freese and Nichols, Inc. 817-735-7517 817-735-7491 801 Cherry Street # 2800 Fort Worth, Texas 76102 801 Cherry Street # 2800 Fort Worth, Texas 76102 CFW Project Manager Preeti KC, P.E. Supplier's Project Manager: (Todd Buckingham, P.E., ENV SP Suppliers PM email: todd.buckingham@freese.com Name of Project : Water Line Improvements - Keller Hicks Road - Pinetree Circle to Lauren Way Invoice Supplier Project No. Proj. Invoice No. Invoice date: Period Service Date:From Service Date:To City Secretary Contract #: P.O. Number: Labor Category Name Hours Rate ($/hr) Professional - 1 127.00 Professional - 2 155.00 Professional - 3 173.00 Professional - 4 200.00 Professional - 5 234.00 Professional - 6 267.00 Construction Manager- 1 110.00 Construction Manager - 2 136.00 Construction Manager - 3 148.00 Construction Manager - 4 185.00 Construction Manager - 5 223.00 Construction Manager - 6 254.00 Construction Representative - 1 98.00 Construction Representative - 2 110.00 Construction Representative - 3 136.00 Construction Representative - 4 148.00 CAD Technician/Designer- 1 108.00 CAD Technician/Designer- 2 139.00 CAD Technician/Designer - 3 172.00 Corporate Project Support - 1 103.00 Corporate Project Support - 2 124.00 Corporate Project Support - 3 165.00 Intern/ Coop 63.00 Senior Advisor 175.00 Total Labor Subcontract Service 0.0 Subcontractor Subtotal 10 Percent Markup on Subcontract Services Nonlabor Expenses Nonlabor Expense Subtotal 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 $0.00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for WATER LINE IMPROVEMENTS - KELLER HICKS ROAD (FROM PINETREE CIRCLE TO LAUREN WAY) CITY PROJECT NO.: 103276 No changes to the Standard Agreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 Water Line Improvements - Keller Hicks Road From Pinetree Circle to Lauren Way CPN 103276 2024 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Water Line Improvements - Keller Hicks Road - From Pinetree Circle to Lauren Way - CPN 103276 \ ( } ) 5 .13 0 ca § \ 0 ° Ts ) TC — » \iETo 0 Ts m_ V Task A Project Summary 911, Inactive Milestone 0 Manual Summary Rollup Progress Split ,,,,,,, ,,,,„ External Tasks trerrertrtertitimmtritm Inactive Summary V V Manual Summary .11 Deadline b Milestone ♦ External Milestone • Manual Task E • Start -only C Summary WR, Inactive Task I I Duration -only Finish -only ] Page 1 5 , | k } \ } \ } \ \ Task Name Duration Start Notice to Proceed Prepare 90% Design Internal 90% Design QC External 90% Design Submittal CFW Review 90% Design Project Meeting to Review 90% Design Prepare 100% Design Internal 100% Design QC External 100% Design Submittal Attachment D Date: Tue 10/24/23 ATTACHMENT E lobiortmovt Lalr--41;11111::0117ET;7RN'DR P -,t, ".- i., a .11 10-1TIP:14,41!"1, -- Ce ' Ir zi1,13ONDERsT. t 10 • 7"- ' i - S 6171 gelIC I R •Ci T; 4+. a rit COMSTOCKCIR ': ,•;t ..-;- ct-.. LuVrnkr1-:" %.S' i'g 1,,,%,„ .". (to- HOLLY HOCKLN .---;;%.41/,(k., ' - -- __ , A _._ C,p/ /-,'• 12AISINTkEEDR 1.1.1 - 1 • ' ' ' l , 5 BAY VIEWDR' ' "t4`44,'%t,L.L41. $ POSTWOODDR / 151 * 2 •S'p "-rly 411916 ce , ^A* --- V)c- ASPEN CREEKDR- w c.) Lt I VA ENGLISH OAKDR •, 11 - ..4.k.,.***41N4,.', SUGAR MAPLEDR 604_ c4 Oct R OSTERST 1(7)1XCell.'7147'' 0 4O ee" r:.1 w 0 2 u E 4,••••_ >_ UJ GG FA RA4RD 8 o ce o c.) sr iv@g52. z " 7"r1/2 I FEED MILLDR' -211": IX IZi r KELLER HICKSRDj JENNIFERST cn cn w -J re r 44 (J) - Ca ft, N-TRIANGLEBLVD.aae I KELLERRIKW,Yi' LINE DRIVEAVE agNA 'IT I f •,.et_pi ' - - . • TAYLORST “..111,13 re HILLST 2 N. '.-kW4401Viii i < Cn .-.,„VINESTf __Iv) ---- - BATESST 4,,OLIVEST cn 2 '1. ATTACHMENT E - PROJECT LOCATION MAP WATER LINE IMPROVEMENTS - KELLER HICKS ROAD (FROM PINETREE CIRCLE TO LAUREN WAY) Pundefase CITY PROJECT NO.: 103276 q Garr Cam& cf 0%, c `ar '$r$ e ak Dr eraaz.sr r g9 9� Rapster St $go/if, have 5 �e c,, Cr rood or Beata Ot 9 .]` SahGiir-q Srro6 u � Y C CONNECT TO EXISTING 12" WATER LINE u'I 1-Mip 1143JoM W EL Pine Tree Gfr W a 3!J ad.,. suld Freedom way E W I n The Cr g t. fiber Go 4 x 0 Triangle 6lvd 6ko Gv1d Gold Cieuk Dr E Feed MID Dr E99 Store Rd Hen Nfl3se Rtl erberlan way DEAD END 12" WATER LINE AND INSTALL FIRE HYDRANT Dewy Roae Ln Ker4er Hicks Rd PROPOSED 12' WATER LINE Obklay Ave Gard4n 7rrangie Blvd PC x Soccer pkve Soccer Pkwy b O. p c Cr4 m Ur:lun Patios it s� r John lad ATTACHMENT "F" CERTIFICATE OF INSURANCE Design Services for Water Main Replacement on Keller Hicks Road City Project No. 103276 City of Fort Worth, Texas Attachment F PMO Release Date: 05.19.2010 Page 1 of 1 FREEAND-02 KSUTTON AC' ORO CERTIFICATE OF LIABILITY INSURANCE �� DATE(MM/DD/YYYY) 12/14/2023 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 Ames & Gough 8300 Greensboro Drive Suite 980 McLean, VA 22102 CONTACT NAME: PHONE (A/c, No, Ext): (703) 827-2277 (A/C, No):(703) 827-2279 ADDRESS: admin@amesgough.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Underwriters Insurance Company A+ (XV) 30104 INSURED Freese and Nichols, Inc. 801 Cherry Street, Suite 2800 Fort Worth, TX 76102 INSURER B : Valley Forge Insurance Company A(XV) 20508 INSURER C : Continental Insurance Company A(XV) 35289 INSURER D : Travelers Casualty and Surety Company 19038 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 7063394194 10/23/2023 10/23/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TES((Ea RENTED occurrence) PREMIS $ 1,000,000 X Contractual Liab. MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GENIIAGGREGATE POLICY OTHER: X LIMIT APPLIES PECOT- X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED SCHEDULED AUTOS NON -OWNED AUTOS ONLY 7063394177 10/23/2023 10/23/2024 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE 7063394180 10/23/2023 10/23/2024 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10'000'000 DED X RETENT ON $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBERtEXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A 7063394213 10/23/2023 10/23/2024 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE 1 000,000 $ E.L. DISEASE - POLICY LIMIT 1,000,000 $ D Professional Liab. 107930947 10/23/2023 10/23/2024 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 L MIT: $10,000,000 RE: Water Line Improvements — Keller Hicks Road (From Pinetree Circle to Lauren Way) CPN 103276 City and its agents, officers, directors and employees 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 insured and when required by written contract. General Liability, Auto Liability, Umbrella Liability SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION Cityof Fort Worth, TX 200 Texas Street Fort Worth, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 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 KSUTTON AFRO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Ames & Gough POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 I NAIC CODE SEE P 1 NAMED INSURED Freese and Nichols, Inc. 801 Cherry Street, Suite 2800 Fort Worth, TX 76102 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 Description of Operations/LocationsNehicles: 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 City of Fort Worth, Texas Mayor and Council Communication DATE: 12/12/23 LOG NAME: 60WMRKHRFNIFUNDING SUBJECT M&C FILE NUMBER: M&C 23-1080 (CD 10) Adopt Appropriation Ordinance in the Amount of $87,250.00 for Project Management and Material Testing for Water Main Replacement on Keller Hicks Road Project and Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $87,250.00, transferred from available funds within the Water and Sewer Fund, for the purpose of funding the Water Main Replacement on Keller Hicks Road project (City Project No. 103276) and effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C) provides funding for project management and material testing for water main replacement on Keller Hicks Road. Available funding in the amount of $46,500.00 will be used for an Engineering Agreement with Freese and Nichols, Inc. to prepare plans and specifications for cast iron water main replacement on Keller Hicks Road from Lauren Way to Park Vista Boulevard in conjunction with the roadway improvements proposed by the Transportation and Public Works Department on the roadway. In addition to the contract amount, $40,750.00 is required for project management and material testing. This project will have no impact on the Water Department's operating budget. It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water Department's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvement Program, as follows: 60WMRKHRFNIFUNDING Capital Fund Name Project Name FY2024 CIP Appropriations Authority Budget Adjustment Revised FY2024 Budget W&S Capital Projects — Fund 56002 103276 _ Keller Hicks Road $0.00 This M&C $87,250.00 $87,250.00 Funding is budgeted in the Transfer to Water/Sewer account of the Water and Sewer operating budget for the purpose of funding the Keller Hicks Road Project within the Water & Sewer Capital Projects. Appropriations for the Water Main Replacement on Keller Hicks Road project are as depicted below: Fund Existing Appropriations Additional Appropriations Project Total* Water & Sewer Capital Projects Fund 56002 $0.00 $87,250.00 $87,250.00 Developer Contribution 30104 $700,000.00 $0.00 $700,000.00 Transportation Impact Fee Cap 30108 $500,000.00 $0.00 $500,000.00 2022 Bond Program — Fund 34027 $9,200,000.00 $0.00 $9,200,000.00 Project Total $10,400,000.00 $87,250.00 $10,487,250.00 *Numbers rounded for presentation purposes. The project is located in COUNCIL DISTRICT 10. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the Water & Sewer Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the Keller Hicks Road project to support the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. Submitted for City Managers Office by: Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: John Kasavich 8480 L d X L d . X L d . X d 41 O Q L 3 O. d 41 O Q 1- 3 a ;1AY/4►U1 21*:l .i i iMI MIN A•7Zd11 17r Z r-TZrJ Activity Budget CF 2 Program Amount Purpose Year 001780 9999 ($87,250.00) $10,500.00 Water Staff Costs $46,500.00 Pay to Engineer $4,000.00 Public Outreach $15,750.00 Soil Lab Consultant $10,500.00 Soil Lab TPW Staff Cost 3 O E Q 0 0 0 L N t�h 0 0 0 rJ N t0h 3 0 E Q 0 0 0 IN IN V0? 0 o 0 Lel N N. --- E .C+ O . co coN IA CII.,U M LL i+ 3 N CO } >. 1+ �+ Q — fQ v 4 E ea bp O aL N d N 2024 ~ LL i+ 3 N CO } a+ u+ Q rn a, a a a a a a a a a a 001780 001780 0 NCO 0 O 0 N 0 O 001784 001784 Account Project ID 4956001 103276 103276 0 4-, C., d O L a 4-, O 3 0 u u Q o 0 n a Ln 4956001 103276 FIDs Account Project ID 4956001 103276 5110101 103276 5330500 103276 5540101 103276 5330500 103276 5310350 103276 Dept # 0600430 0600430 it 4- Q d 0 O N O cr, up O 0600430 Dept # 0600430 0600430 0600430 0600430 0600430 0600430 0 3 LL N O ko Ln 56002 Fund 56001 56002 c 3 LL N O LOO lf1 56002 56002 56002 56002 N 0 Lo Ln it dN N d N CV L N rN r-I N IN IN