HomeMy WebLinkAboutContract 60683CSC No. 60683
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 Burgess & Niple, Inc., authorized to do business in Texas, ("ENGINEER"), for
a PROJECT generally described as: Citywide Drainage Improvements Projects -Project
No. 100092.
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 $300,000.00 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.
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 Ill
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
Citywide Drainage Improvements Projects
CPN 100092
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 Citywide Drainage Improvements Projects
Standard Agreement for Engineering Related Design Services CPN 100092
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 Citywide Drainage Improvements Projects
Standard Agreement for Engineering Related Design Services CPN 100092
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 Citywide Drainage Improvements Projects
Standard Agreement for Engineering Related Design Services CPN 100092
Revised Date: November 23, 2021
Page 4 of 15
Business Equity Participation
City has goals for the full and equitable participation of minority business
and/or women business enterprises in City contracts greater than
$100,000. In accordance with the City's Business Equity Ordinance No.
25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in
Chapter 20, Article X of the City's Code of Ordinances, as amended, and any
relevant policy or guidance documents), the City has goals for the full and
equitable participation of minority business and/or women business
enterprises in City contracts greater than $100,000. Engineer acknowledges
the MBE and WBE goals established for this contract and its execution of this
Agreement is Engineer's written commitment to meet the prescribed MBE and
WBE participation goals. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer
may result in the termination of this Agreement and debarment from
participating in City contracts for a period of time of not less than three (3)
years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
City of Fort Worth, Texas Citywide Drainage Improvements Projects
Standard Agreement for Engineering Related Design Services CPN 100092
Revised Date: November 23, 2021
Page 5 of 15
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 Citywide Drainage Improvements Projects
Standard Agreement for Engineering Related Design Services CPN 100092
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 Citywide Drainage Improvements Projects
Standard Agreement for Engineering Related Design Services CPN 100092
Revised Date: November 23, 2021
Page 7 of 15
F.
G.
�.A
(1)
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.
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.
Contractor Claims and Third-Party Beneficiaries
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."
i2)
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 Citywide Drainage Improvements Projects
Standard Agreement for Engineering Related Design Services CPN 100092
Revised Date: November 23, 2021
Page 8 of 15
Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
City of Fort Worth, Texas Citywide Drainage Improvements Projects
Standard Agreement for Engineering Related Design Services CPN 100092
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
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.
City of Fort Worth, Texas Citywide Drainage Improvements Projects
Standard Agreement for Engineering Related Design Services CPN 100092
Revised Date: November 23, 2021
Page 10 of 15
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.
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.
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
City of Fort Worth, Texas Citywide Drainage Improvements Projects
Standard Agreement for Engineering Related Design Services CPN 100092
Revised Date: November 23, 2021
Page 11 of 15
insist upon appropriate performance or to assert any such right on any
future occasion.
L.
M.
�A
Immigration Nationality Act
ENGINEER'S EMPLO`
LICENSEES. CITY, upor
to immediately terminate
ENGINEER.
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (I-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all I-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,
EES, SUBCONTRACTORS, AGENTS, OR
written notice to ENGINEER, shall have the right
this Agreement for violations of this provision by
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.
Prohibition on Boycotting Energy Companies
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-
City of Fort Worth, Texas Citywide Drainage Improvements Projects
Standard Agreement for Engineering Related Design Services CPN 100092
Revised Date: November 23, 2021
Page 12 of 15
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 Citywide Drainage Improvements Projects
Standard Agreement for Engineering Related Design Services CPN 100092
Revised Date: November 23, 2021
Page 13 of 15
The following attachments and schedules are hereby made a part of this AGREEM E N T:
Attachment A -Scope of Services Attachment B -C ompensation 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 C ity's designated Assistant C ity M anager.
BY:
C ITY OF FORT WORTH
William Johnson Assistant C ity M anager
Date: Dec 23, 2023
ATTEST:
rt� Jannette Goodall
C ity Secretary
APPROVAL RE C OMM E N DED:
;e_,z,.. By: Lauren Prieur (Dec 21, 202310:11 CST) Lauren Prieur Director, Transportation and Public Works Department
BY: E N GI N EER
Burgess & Niple, Inc.
William D. wend/and William D. Wendland (Dec 17, 202312:19 CST) William D. Wendland, P.E. Vice President
Date: Dec 17, 2023
APPROVED AS TO FORM A N D LEGALITY Form 1295 N o. 2023-1 0 5666 0
� By: DBlack (Dec 21, 202314:05 CST) Douglas W Black =M=&""""C;.....;N""'"o=·--: -=2=-3-....a;.0=-89=2 ________ _ Sr. Assistant C ity Attorney
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: November 23, 2021
Page 14 of 15
M &C Date: October 17, 2023
Citywide Drainage Improvements Projects
CPN 100092
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.
CeeGl.¢�._ �5'�ir�i
6 ffre ith ec 18, 2023 07:13 CST)
Geoffrey Smith, 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
Citywide Drainage Improvements Projects
CPN 100092
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT A
Scope for Task Order Contract — Enqineerinq Desiqn and Construction Phase Services
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 projects completed under the Task Order agreement is to prepare
construction documents for Citywide Storm Drain Improvements. Work under this agreement
includes, but is not limited to, project management, data collection, topographic survey,
subsurface utility exploration (SUE), right-of-way documentation, conceptual/schematic design,
preliminary and final design, bidding, and construction phase services for drainage
improvements.
WORK TO BE PERFORMED
ENGINEER hereby agrees to perform design and construction phase services on a task
order basis as may be requested by the CITY during the term of thisAGREEMENT.
Work under this agreement will be performed on a task order basis. The CITY will request
services for each Task Order. The ENGINEER shall prepare scope, fee and schedule as
necessary to perform the services requested for each Task Order within 10 working days of the
CITY's request.
Each Task Order shall include scope for services as Attachment A. This scope of services will
outline tasks required to complete the Work Authorization. This scope of services shall include
a detailed description of each task, outline any assumptions and list the required
deliverables. For each task the scope shall include a detailed description of the task, outline any
assumptions, and list the required deliverables.
Each Task Order shall include Attachment B detailing the compensation for the Task Order.
Compensation will be based upon hours agreed to by the CITY and the ENGINEER for each
Task Order. Compensation will be based on the Schedule of Rates in Attachment B of this
agreement. The fee will include an estimate of reimbursable expenses and sub-consultant
costs for each Work Authorization. Compensation for each Work Authorization shall be hourly,
not-to-exceed.
If the Task Order requires a schedule, it shall be attached as Attachment D. Each Task Order
shall include Attachment E to identify the project location.
City of Fort Worth, Texas Citywide Drainage Improvements Projects
Attachment A CPN 100092
PMO Release Date: 05.19.2010
Page A-1 of A-1
ATTACHMENT B
COMPENSATION
Design Services for
Citywide Drainage Improvements Projects
City Project No. 100092
Time and Materials with Rate Schedule Project
I. Compensation
A. The ENGINEER shall be compensated for personnel time, non-labor expenses,
and subcontract expenses in performing services enumerated in Attachment A as
follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in perForming the PROJECT multiplied by the appropriate Labor
Category Rate for the ENGINEER's team member performing the work.
Labor Cateaory Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries, overhead,
and profit.
Labor Category 2023 Rate 2024 Rate
$/hour $/hour
Pro�ect Director $ 294.00 $ 323.00
Pro'ect Mana er $ 201.00 $ 221.00
Pro'ect En ineer $ 170.00 $ 187.00
Desi n En ineer $ 161.00 $ 177.00
Graduate En ineer $ 137.00 $ 151.00
Desi ner $ 159.00 $ 175.00
ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall be
reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
City of Fort Worth, Texas Citywide Drainage Improvements Projects
Attachment B CPN 100092
Revised Date: 12/9/2022
Page B-1 of B-5
ATTACHMENT B
COMPENSATION
iv. Budgets. ENGINEER will make reasonable efforts to complete the work within
the budget and will keep the City informed of progress toward that end so that
the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be
adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by the
City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER in
performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth, Texas Citywide Drainage Improvements Projects
Attachment B CPN 100092
Revised Date: 12/9/2022
Page B-2 of B-5
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility
Prime Consultant
Burgess & Niple Civil Engineering
Proposed MWBE Sub-Consultants
Yellow Rose Topographic Surveying, SUE
Non-MWBE Consultants
TOTAL
Fee Amount %
$261,000.00 87%
$39,000.00 13%
$300,000.00 100%
Pro'ect Number & Name Total Fee MWBE Fee MWBE %
CPN 100092 Citywide Drainage
Im rovements Pro'ects $300,000.00 $39,000.00 13%
City MWBE Goal = 13%
Consultant Committed Goal = 13%
City of Fort Worth, Texas Citywide Drainage Improvements Projects
Attachment B CPN 100092
Revised Date: 12/9/2022
Page B-3 of B-5
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 Citywide Drainage Improvements Projects
Attachment B CPN 100092
Revised Date: 12/9/2022
Page B-4 of B-5
BURGESS & NIPLE
XYZ Company
1234 State Street
One City OH 43210
ATTN: Mr. Burgess
Vice President
Description: INVOICE SAMPLE
330 Rush Alley, Suite 700, Columbus, OH 43215 (614) 459-2050 Fax (614) 451-1385
INVOICE DATE 01/01/2024
INVOICE NO. 493048
B&N PROJECT NO. 54321
TOTAL DUE $1,412.48
For professional services in connection with........
January 29, 2012 - April 7, 2012
Project Director
Project Manager
Project Engineer
Total Hours
0.3 hours @ $288.00 =
3.5 hours @ $183.33 =
4.0 hours @ $162.33 =
$86.40
$641.66
$649.32
7.8
Total Salary
Computer/Technology Charges
Total Non-Labor
$1,377.38
$35.10
$35.10
TOTAL AMOUNT DUE THIS INVOICE $1,412.48
City of Fort Worth, Texas Citywide Drainage Improvements Projects
Exhibit B-1 CPN 100092
Page B-5 of B-5
ATTACHMENT C
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Citywide Drainage Improvements Projects
City Project No. 100092
Attachment E— Location Map is not a part of this AGREEMENT but will be provided, if
requested, with each Task Order.
Article III Term shall be amended to include the following paragraph:
The City may, at its sole option, renew this contract for one additional term under the same
conditions and compensation amount stipulated herein. The ENGINEER is under no obligation
to accept an additional contract term.
City of Fort Worth, Texas Citywide Drainage Improvements Projects
Attachment C CPN 100092
PMO Release Date: 05.19.2010
Page G1 of G1
FORTWORTH
ATTACHMENT D
PROJECT SCHEDULE
A. ENGINEER Project Schedule Development
ENGINEER shall prepare and submit a project milestone schedule for the scope of services
to be provided in fulfilling the requirements of each Task Order.
City of Fort Worth, Texas Citywide Drainage Improvements Projects
Attachment D CPN 100092
Revision Date: 11.15.2021
Page D-1 of D-1
EXHIBIT F
CITY OF FORT WORTH
STANDARD INSURANC E REQUIREM E NT S
(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.
i. 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
vuriting.
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 Requiremer�ts 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 exe cution. 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 Requiremerits 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. Aten (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 consentto alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters of credit
may also be acceptable to City.
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.
City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-
made basis, shall contain a retroactive date coincidentwith or prior to 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.
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 Requiremerits Page 3 of 3
Rev. 5.04.21
^ Page 1 of 2
ACORL7� CERTIFICATE OF LIABILITY INSURANCE D11/10/2�Y)
i �
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Willis Towers Watson Certificate Center
NAME:
willis Towers watson Northeast, �nc. PHONE 1-677-995-7378 F'4X 1-886-467-2378
c/o 26 Century Blvd A/C No Ext : A/C No :
E-MAIL certificates@willis.com
P.O. Box 305191 ADDRESS:
Nashville, TN 372305191 USA INSURER S AFFORDING COVERAGE NAIC #
INsuReRa: National Union Fire Insurance Company of P 19945
INSURED
Surgess & Niple, Inc.
330 Rush Alley
Suite 700
Columbus, OH 43215
COVERAGES
CERTIFICATE NUMBER: wsio�so5�
INSURERB: Continental Insurance Company 35289
INSURERC: New Hampshire Insurance Company 23841
INSURERD: Continental Casualty Company 20943
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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR pOLICY NUMBER MMIDDIYYYY MMLDDIYYYY LIMITS
LTR
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2, 000 , 000
CLAIMS-MADE �X OCCUR DAMAGETO RENTED 1,000,000
PREMISES Ea occurrence $
A MED EXP (Any one person) $ 25 , 000
Y Y GL 5268138 04/O1/2023 09/O1/2024 pERSONAL&ADVINJURY $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 9, 000 , 000
POLICY � PR� � LOC PRODUCTS-COMP/OPAGG $ 9,000,000
JECT
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2, 000 , 000
Ea accident
X ANY AUTO BODILY INJURY (Per person) $
A OWNED SCHEDULED Y Y �p, qqgg627 04/Ol/2023 09/Ol/2024 gODILYINJURY(Peraccident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTYDAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
$
X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 15,000,000
H
EXCESSLIAB CLAIMS-MADE Y Y CUE 6080621408 04/O1/2023 04/O1/2024 AGGREGATE $ 15,000,000
DED X RETENTION $ � $
WORKERSCOMPENSATION X PER OTH-
AND EMPLOYERS' LIABILITY STATUTE ER
C ANYPROPRIETOR/PARTNER/EXECUTIVE Y� N E.L EACH ACCIDENT $ 1, 000, 000
OFFICER/MEMBEREXCLUDED? No NIA Y WC 015893628 04/O1/2023 04/O1/2024
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1, 000 , 000
If yes, describe under 1, 000, 000
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
D Professional Liability AEH008215011 04/O1/2023 04/O1/2024 Each Claim: $10,000,000
Aggregate: $10,000,000
Deductible $500,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Re: Citywide Drainage Improvements Projects.
20231110
The Umbrella/Excess policy does not sit excess over Professional Liability coverage.
City of Fort Worth is included as an Additional Insured as respects to General Liability, Auto Liability and
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Forth Worth
1000 Throckmorton St
Fort Worth, TX 76102
ACORD 25 (2016/03)
AUTHORIZED REPRESENTATIVE
! �.�hS r4��xs:�Y_��n.��
O 1988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
sR i�: 24953714 saxcx: 3207679
AGENCY CUSTOMER ID:
LOC #:
.� �
ADDITIONAL REMARKS SCHEDULE
AGENCY
Willis Towers Watson Northeast, Inc.
POLICY NUMBER
See Page 1
CARRIER
See Page 1
ADDITIONAL REMARKS
NAMEDINSURED
Burqess & Niple, Inc.
330 Rush Alley
Suite 700
Columbus, OH 43215
NAIC CODE
See Page 1 EFFECTIVE DATE: See Page 1
Page 2 of 2
ACORD 101 (2008/01) 02008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SR ID:24953714 BATCH:3207679 CERT: W31073057
POLICY NUMBER: GL 526-81-38 COMMERCIAL GENERAL LIABILITY
CG20101219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT.
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU
HAVE ENTERED INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II 6 Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the personls) or additional insureds, the following additional
organization(s) shown in the Schedule, but only exclusions apply:
with respect to liability for "bodily injury", This insurance does not apply to "bodily injury'
"property damage" or "personal and advertising or "property damage" occurring after:
injury" caused, in whole or in part, by:
1. All work, including materials, parts or
1. Your acts or omissions; or equipment furnished in connection with such
2. The acts or omissions of those acting on work, on the project (other than service,
your behalf; maintenance or repairs) to be performed by
in the performance of your ongoing operations or on behalf of the additional insured(s) at
for the additional insured(s) at the location(s) the location of the covered operations has
designated above. been completed; or
However: 2. That portion of "your work" out of which
1. The insurance afforded to such additional the injury or damage arises has been put to
insured only applies to the extent permitted its intended use by any person or
by law; and organization other than another contractor or
subcontractor engaged in performing
2. If coverage provided to the additional operations for a principal as a part of the
insured is required by a contract or same project.
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
CG 20 10 12 19 � Insurance Services Office, Inc., 2018 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;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
Page 2 of 2 � Insurance Services Office, Inc., 2018 CG 20 10 12 19
POLICY NUMBER: GL 526-81-38 COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT.
WHOM YOU BECOME OBLIGATED
TO INCLUDE AS AN ADDITIONAL INSURED
AS A RESULT OF ANY CONTRACT OR
AGREEMENT YOU HAVE ENTERED INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the personls) or
organizationls) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
B. With respect to the insurance afforded to these
additional insureds, the following 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;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
CG 20 37 12 19 9 Insurance Services Office, Inc., 2018 Page 1 of 1
POLICY NUMBER: GL 526-81-38 COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
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
LIQUOR 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 contribution
from any other insurance available to the
additional insured.
CG 20 01 12 19 � Insurance Services Office, Inc., 2018 Page 1 of 1
POLICY NUMBER: GL 526-81-38 COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s) Or Organization(s):
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
Section IV — Conditions:
We waive any right of recovery against the
person�s) or organization�s) shown in the Schedule
above because of payments we make under this
Coverage Part. Such waiver by us applies only to
the extent that the insured has waived its right of
recovery against such person(s) or organization(s)
prior to loss. This endorsement applies only to the
person(s) or organization�s) shown in the Schedule
above.
CG 24 04 12 19 Q Insurance Services Office, Inc., 2018 Page 1 of 1
ENDORSEMENT
This endorsement, effective 12:01 A.M. 04/O1 /2023 forms a part of
Policy No.CA 448-96-27 issued to BURGESS & NIPLE, INC.
by NAT I ONAL UN I ON F I RE I NSURANCE COMPANY OF P I TTSBURGH , PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
ADDITIONAL INSURED:
ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND
TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH
PERSON'S OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A
COVERED AUTO.
I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is
amended to add:
d. Any person or organization, shown in the schedule above, to whom you become obligated
to include as an additional insured under this policy, as a result of any contract or agreement
you enter into which requires you to furnish insurance to that person or organization of the
type provided by this policy, but only with respect to liability arising out of use of a covered
"auto". However, the insurance provided will not exceed the lesser of:
(1) The coverage and/or limits of this policy, or
(2) The coverage and/or limits required by said contract or agreement.
�
�
AUTHORIZED REPRESENTATIVE
87950 (9/14) Includes copyrighted information of Insurance Services Office, Inc., Page 1 Of 1
with its permission.
ENDORSEMENT
This endorsement,effective12:01 A.M. 04/O1 /2023 forms a part of
policy No. CA 448-96-27 issued to BURGESS & N I PLE , I NC.
by NAT I ONAL UN I ON F I RE I NSURANCE COMPANY OF P I TTSBURGH , PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS
This endorsement modifies insurance provided under the fol%wing:
BUSINESS AUTO COVERAGE FORM
Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is
amended by the addition of the following sentence:
The insurance afforded under this policy to an additional insured will apply as primary insurance
for such additionalinsured where so required under an agreement executed prior to the date of
accident We will not ask any insurer that has issued other insurance to such additionalinsured to
contribute to the settlement of loss arising out of such accident.
All other terms and conditions remain unchanged.
�
�
Authorized Representative or
Countersignature (in States Where
Applicable)
74445 (10/99)
ENDORSEMENT
This endorsement, effective 12:01 A.M. 0�+/01 /2023 forms a part of
policy No. CA �+48-96-27 issued to BURGESS & N I PLE, I NC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST 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 "accidenY' or "loss".
No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the
person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained
by any injured employee.
�
%
AUT ORIZED REPRESENTATIVE
62897 (6/95)
� �
CNA Paramount Excess and Umbrella Liability
or organization which may be liable to the Insured because of in�ury or damage to which this
insurance may also apply; and
vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur
any expense, other than for first aid, without the Insurer's prior consent.
3. Cooperation
With respect to both Coverage A- Excess Follow Form Liability and Coverage B— Umbrella Liability,
the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to
the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered
Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer's approval,
make any payment, admit liability, assume any obligation or incur any expense related thereto.
P. Notices
Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the
address set forth in the Declarations of this Policy.
a. Otherinsurance
If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or
defense costs by any valid and collectible other insurance for which the Insured otherwise would have
been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified
in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or
such event covered by such other insurance.
With respect to Coverage A— Excess Follow Form Liability only, if:
a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that
this insurance would be primary and would not seek contribution from any other insurance
available;
b. Underlying Insurance includes that person or entity as an additional insured; and
c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that
person or entity;
then this insurance is primary to and will not seek contribution from any insurance policy where that
person or entity is a named insured.
R. Premium
All premium charges under this Policy will be computed according to the Insurer's rules and rating plans
that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or
its authorized representative.
S. In Rem Actions
A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by
or for a Named Insured, will be treated in the same manner as though the action were in personam
against the Named Insured.
T. Separation of Insureds
Except with respect to the limits of insurance, and any rights or duties specifically assigned in this
Policy to the First Named Insured, this insurance applies:
1. as if each Named Insured were the only Named Insured; and
2. separately to each Insured against whom a claim is made.
U. Transfer�bf Interest
Form No: CNA75504XX (03-2015) Policy No: CUE 6080621408
Policy Page: 21 of 32 Policy Effective Date: 04/01 /2023
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 35 of 56
° Copyright CNA All Rights Reserved.
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 04/O1 /2023 forms a part of Policy No. WC o15-89-3628
Issued to BURGESS & N I PLES, I NC.
By NEW HAMPSHIRE INSURANCE COMPANY
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME
OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY
AGAINST, UNDER ANY WRITTEN CONTRACT OR AGREEMENT
YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS.
This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A
16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by
statute or other applicable law, such as for use in wrap-up insurance programs.
Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute
a waiver of subrogation. However, for purposes of work perFormed by the employer in Missouri, this waiver of
subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover
from others (subrogation) rule in our manual.
This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah.
�����
WC 00 03 13 Countersigned by
�
(Ed. 04/84)
Authorized Representative
ENDORSEMENT #
This endorsement, effective 12:01 A.M. 04/O1 /2023 forms a part of
Policy No. GL 526-8� -38 issued to BURGESS & N I PLE, I NC.
By NAT I ONAL UN I ON F I RE I NSURANCE COMPANY OF P I TTSBURGH , PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of premium,
and
1. the cancellation effective date is prior to this policy's expiration date;
2. the First Named Insured is under an existing contractual obligation to notify a certificate
holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has
provided to the Insurer, either directly or through its broker of record, the email address
of a contact at each such entity; and
3. the Insurer received this information after the First Named Insured receives notice of
cancellation of this policy and prior to this policy's cancellation effective date, via an
electronic spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate
Holders within � days after the First Named Insured provides such information to the Insurer;
provided, however, that if a specific number of days is not stated above, then the Advice will be
provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named
Insured provides such information to the Insurer.
Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured,
will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the
cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights
in any entity not insured under this policy.
The following Definitions apply to this endorsement:
1. First Named Insured means the Named Insured shown on the Declarations Page of this
policy.
2. Insurer means the insurance company shown in the header on the Declarations page of this
policy.
All other terms, conditions and exclusions shall remain the same.
%
�
Authorized Representative
107414 (03/1 1) Page 1
ENDORSEMENT #
This endorsement, effective 12:01 A.M. 04/O1 /2023 forms a part of
Policy No. CA 448-96-27 issued to BURGESS & N I PLE , I NC.
By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of premium,
and
1. the cancellation effective date is prior to this policy's expiration date;
2. the First Named Insured is under an existing contractual obligation to notify a certificate
holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has
provided to the Insurer, either directly or through its broker of record, the email address
of a contact at each such entity; and
3. the Insurer received this information after the First Named Insured receives notice of
cancellation of this policy and prior to this policy's cancellation effective date, via an
electronic spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate
Holders within � days after the First Named Insured provides such information to the Insurer;
provided, however, that if a specific number of days is not stated above, then the Advice will be
provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named
Insured provides such information to thelnsurer.
Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured,
will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the
cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights
in any entity not insured under this policy.
The following Definitions apply to this endorsement:
1. First Named Insured means the Named Insured shown on the Declarations Page of this
policy.
2. Insurer means the insurance company shown in the header on the Declarations page of this
policy.
All other terms, conditions and exclusions shall remain the same.
�
�
Authorized Representative
107414 (03/1 1) Page 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).
This endorsement, effective 12:01 AM 04/O1 /2023 forms a part of Policy No. WC 015-89-3628
Issued to BURGESS & N I PLES , I NC .
By NEW HAMPSHIRE INSURANCE COMPANY
LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
TO ENTITIES OTHER THAN THE NAMED INSURED
(WORKERS' COMPENSATION ONLI�
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and
1. the cancellation effective date is prior to this policy's expiration date;
2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an
existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the
"Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its
broker of record, the email address of a contact at each such entity; and
3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and
prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days
after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days
is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable
after the Named Insured provides such information to the Insurer.
Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as
proof that the Insurer has fully satisfied its obligations under this endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or
the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.
The following definitions apply to this endorsement:
Named Insured means the insured first named employer in Item 1 of the Information Page of this policy.
2. Insurer means the insurance company shown in the header on the Information Page of this policy.
All other terms, conditions and exclusions shall remain the same.
�����
�
AUTHORIZED REPRESENTATIVE
WC 99 00 56
(Ed. 04/11)
CHA
1
Professional Liability and Pollution Incident Liability Insurance
Policyholder Notice
NOTIFICATION OF CANCELLATION TO CERTIFICATE HOLDERS
In the event this Policy is cancelled prior to its expiration date, for any reason other than non
payment of premium, the Insurer shall provide to the broker of record, a blank schedule to be
completed by the Insured or such broker, with the names and email addresses of any and all
certificate holders to whom the Insured requests the Insurer provide notification of such cancellation
("notification"). Such schedule must be completed and returned to the Insurer within 5 business
days of the broker's receipt. Upon the Insurer's receipt of the completed schedule, the Insurer shall
endeavor to provide notification to those entities set out in such schedule. If the schedule is not
returned to the Insurer within 5 business days the Insurer will not provide notification. The Insurer
will assume that the schedule provided to the Insurer by the Insured or the broker is a complete and
accurate list of certificate holders. Only those persons or entities listed on the schedule will receive
notification. The Insurer will keep no other record of any certificate holders in the Insurer's file.
• There will be no schedule provided and, consequently, no notification provided, if such cancellation
is for non payment of premium.
• Any notification by the Insurer to any party that is not the first Named Insured on the Policy is
intended as a courtesy only. The Insurer's failure to provide such notification will not extend the
Policy cancellation date, or negate cancellation of the Policy or be cause for legal action against the
Insurer.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another
expiration date is shown below.
Form No: CNA79045XX (09-2014) Policy No: AEH008215011
Endorsement Effective Date: 04/01/2023 Policy Effective Date: 04/01/2023
Endorsement No: 13 ; Page 1 of 1 Policy Page: 43 of 60
Underwriting Company: Continental Casualty Company
151 North Franklin Street, Chicago, IL 60606
Citywide
Final Audit Report
Drainage Improvement Project
2024-01-03
Created:
By:
Status:
Transaction ID:
2023-12-15
Sadie Ishmael (Sadie.lshmael@fortworthtexas.gov)
Canceled / Declined
CBJCHBCAABAAtINc01w1 inyvHhaFAZwEzrezvLw-tDdy
"Citywide Drainage Improvement Project" History
. `; Document created by Sadie.lshmael@fortworthtexas.gov
2023-12-15 - 11:12:27 PM GMT- IP address: 204.10.90.100
� �:� Signer Sadie.lshmael@fortworthtexas.gov entered name at signing as Sadie Ishmael
2023-12-15 - 11:22:34 PM GMT- IP address: 204.10.90.100
�-�:� Document approved by Sadie Ishmael (Sadie.lshmael@fortworthtexas.gov)
Approval Date: 2023-12-15 - 11:22:36 PM GMT - Time Source: server- IP address: 204.10.90.100
' Document emailed to Billy Wendland (billy.wendland@burgessniple.com) for signature
2023-12-15 - 11:22:41 PM GMT
:: Email viewed by Billy Wendland (billy.wendland@burgessniple.com)
2023-12-16 - 3:56:15 AM GMT- IP address: 104.28.97.21
-. �.. Email viewed by Billy Wendland (billy.wendland@burgessniple.com)
2023-12-17 - 2:52:42 AM GMT- IP address: 104.28.97.29
:-�� Signer Billy Wendland (billy.wendland@burgessniple.com) entered name at signing as William D. Wendland
2023-12-17 - 6:19:26 PM GMT- IP address: 159.63.2.158
� �:� Document e-signed by William D. Wendland (billy.wendland@burgessniple.com)
Signature Date: 2023-12-17 - 6:19:28 PM GMT - Time Source: server- IP address: 159.63.2.158
' Document emailed to geoffrey.smith@fortworthtexas.gov for signature
2023-12-17 - 6:19:33 PM GMT
Email viewed by geoffrey.smith@fortworthtexas.gov
2023-12-18 - 1:11:44 PM GMT- IP address: 204.10.90.100
�-�:� Signer geoffrey.smith@fortworthtexas.gov entered name at signing as Geoffrey Smith
2023-12-18 - 1:13:09 PM GMT- IP address: 204.10.90.100
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Acrobat 5ign
�'`�: Document e-signed by Geoffrey Smith (geoffrey.smith@fortworthtexas.gov)
Signature Date: 2023-12-18 - 1:13:11 PM GMT - Time Source: server- IP address: 204.10.90.100
' Document emailed to Linda Young (linda.young@fortworthtexas.gov) for approval
2023-12-18 - 1:13:17 PM GMT
Sadie Ishmael (Sadie.lshmael@fortworthtexas.gov) added alternate approverjustin.naylor@fortworthtexas.gov.
The original approver Linda Young (linda.young@fortworthtexas.gov) can still approve.
2023-12-19 - 3:55:05 PM GMT- IP address: 204.10.90.100
' Document emailed to justin.naylor@fortworthtexas.gov for approval
2023-12-19 - 3:55:06 PM GMT
` Email viewed by justin.naylor@fortworthtexas.gov
2023-12-19 - 4:53:01 PM GMT- IP address: 204.10.90.100
; Document approval delegated to Linda Young (linda.young@fortworthtexas.gov) by
J ustin. Naylor@fortworthtexas.gov
2023-12-19 - 4:53:53 PM GMT- IP address: 204.10.90.100
' Document emailed to Linda Young (linda.young@fortworthtexas.gov) for approval
2023-12-19 - 4:53:53 PM GMT
': Email viewed by Linda Young (linda.young@fortworthtexas.gov)
2023-12-19 - 7:38:27 PM GMT- IP address: 204.10.90.100
� �:� Signer justin.naylor@fortworthtexas.gov entered name at signing as Justin Naylor
2023-12-20 - 2:34:53 PM GMT- IP address: 75.1.6.22
�-�:� Document approved by Justin Naylor (justin.naylor@fortworthtexas.gov)
Approval Date: 2023-12-20 - 2:35:00 PM GMT - Time Source: server- IP address: 75.1.6.22
' Document emailed to Lissette.Acevedo@fortworthtexas.gov for approval
2023-12-20 - 2:35:01 PM GMT
. ' Email viewed by Lissette.Acevedo@fortworthtexas.gov
2023-12-21 - 3:18:44 PM GMT- IP address: 204.10.90.100
-�:� Signer Lissette.Acevedo@fortworthtexas.gov entered name at signing as Lissette Acevedo, P.E.
2023-12-21 - 3:19:10 PM GMT- IP address: 204.10.90.100
�-�:� Document approved by Lissette Acevedo, P.E. (Lissette.Acevedo@fortworthtexas.gov)
Approval Date: 2023-12-21 - 3:19:12 PM GMT - Time Source: server- IP address: 204.10.90.100
' Document emailed to patricia.wadsack@fortworthtexas.gov for approval
2023-12-21 - 3:19:20 PM GMT
���� 1'1'd�i��'iy Pawered by
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Acrobat 5ign
�'"� Email viewed by patricia.wadsack@fortworthtexas.gov
2023-12-21 - 4:00:24 PM GMT- IP address: 71.15.98.20
`�:: Signer patricia.wadsack@fortworthtexas.gov entered name at signing as Patricia L. Wadsack
2023-12-21 - 4:09:45 PM GMT- IP address: 71.15.98.20
�:: Document approved by Patricia L. Wadsack (patricia.wadsack@fortworthtexas.gov)
Approval Date: 2023-12-21 - 4:09:47 PM GMT - Time Source: server- IP address: 71.15.98.20
Document emailed to Lauren.Prieur@fortworthtexas.gov for signature
2023-12-21 - 4:09:52 PM GMT
' � Email viewed by Lauren.Prieur@fortworthtexas.gov
2023-12-21 - 4:10:32 PM GMT- IP address: 108.209.194.42
�-�:� Signer Lauren.Prieur@fortworthtexas.gov entered name at signing as Lauren Prieur
2023-12-21 - 4:11:00 PM GMT- IP address: 108.209.194.42
�:� Document e-signed by Lauren Prieur (Lauren.Prieur@fortworthtexas.gov)
Signature Date: 2023-12-21 - 4:11:02 PM GMT - Time Source: server- IP address: 108.209.194.42
' Document emailed to doug.black@fortworthtexas.gov for signature
2023-12-21 - 4:11:08 PM GMT
' � Email viewed by doug.black@fortworthtexas.gov
2023-12-21 - 8:01:26 PM GMT- IP address: 204.10.90.100
�-�:: Signer doug.black@fortworthtexas.gov entered name at signing as DBlack
2023-12-21 - 8:05:42 PM GMT- IP address: 204.10.90.100
-�_ Document e-signed by DBlack (doug.black@fortworthtexas.gov)
Signature Date: 2023-12-21 - 8:05:44 PM GMT - Time Source: server- IP address: 204.10.90.100- Signature captured from device with
phone number XXXXXXX4583
' Document emailed to William.Johnson@fortworthtexas.gov for signature
2023-12-21 - 8:05:50 PM GMT
. ' � Email viewed by William.Johnson@fortworthtexas.gov
2023-12-23 - 11:44:35 PM GMT- IP address: 35.150.19.128
�= �: Signer William.Johnson@fortworthtexas.gov entered name at signing as William Johnson
2023-12-23 - 11:44:56 PM GMT- IP address: 35.150.19.128
�"`�� Document e-signed by William Johnson (William.Johnson@fortworthtexas.gov)
Signature Date: 2023-12-23 - 11:44:58 PM GMT - Time Source: server- IP address: 35.150.19.128
���� 1'1'd�i��'iy Pawered by
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'.: Document approval automatically delegated to Katherine.Cenicola@fortworthtexas.gov by
Ronald.Gonzales@fortworthtexas.gov
2023-12-23 - 11:45:03 PM GMT
' Document emailed to Ronald.Gonzales@fortworthtexas.gov for approval
2023-12-23 - 11:45:04 PM GMT
'. Document emailed to Katherine.Cenicola@fortworthtexas.gov for approval
2023-12-23 - 11:45:04 PM GMT
.`; Email viewed by Linda Young (linda.young@fortworthtexas.gov)
2023-12-26 - 2:41:45 AM GMT- IP address: 166.205.54.23
� �:� Signer Ronald.Gonzales@fortworthtexas.gov entered name at signing as Ronald P. Gonzales
2023-12-26 - 2:02:16 PM GMT- IP address: 204.10.90.100
� �:� Document approved by Ronald P. Gonzales (Ronald.Gonzales@fortworthtexas.gov)
Approval Date: 2023-12-26 - 2:02:18 PM GMT - Time Source: server- IP address: 204.10.90.100
' Document emailed to jannette.goodall@fortworthtexas.gov for signature
2023-12-26 - 2:02:24 PM GMT
' � Email viewed by jannette.goodall@fortworthtexas.gov
2023-12-27 - 0:41:41 AM GMT- IP address: 166.205.58.11
� �:� Signer jannette.goodall@fortworthtexas.gov entered name at signing as Jannette S. Goodall
2023-12-27 - 0:42:11 AM GMT- IP address: 166.205.58.11
�'�:� Document e-signed by Jannette S. Goodall (jannette.goodall@fortworthtexas.gov)
Signature Date: 2023-12-27 - 0:42:13 AM GMT - Time Source: server- IP address: 166.205.58.11
-. �.. Email viewed by Linda Young (linda.young@fortworthtexas.gov)
2023-12-27 - 9:28:02 PM GMT- IP address: 204.10.90.100
Sadie Ishmael (Sadie.lshmael@fortworthtexas.gov) added alternate form filler
elisa.winterrowd@fortworthtexas.gov. The original form filler Allison Tidwell (allison.tidwell@fortworthtexas.gov)
can still fill the form.
2024-01-03 - 4:47:57 PM GMT- IP address: 204.10.90.100
�....::: Document canceled by Sadie Ishmael (Sadie.lshmael@fortworthtexas.gov)
2024-01-03 - 4:48:15 PM GMT- IP address: 204.10.90.100
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/17/23
M&C FILE NUMBER: M&C 23-0892
LOG NAME: 20SWM B&N CITYWIDE DRAINAGE IMPROVEMENTS DESIGN
SUBJECT
(ALL) Authorize Execution of an Engineering Agreement with Burgess & Niple, Inc. in an Amount
Not to Exceed $300,000.00 for Citywide Drainage Improvement Projects
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an engineering agreement with
Burgess & Niple, Inc. in an amount not to exceed $300,000.00 for consulting services on several
projects with one renewal option.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to recommend approval of an
engineering agreement for task-ordered services to design various citywide minor drainage
improvement projects. These projects may involve storm drain extensions, inlets and outFalls,
correcting drainage deficiencies, and other minor drainage improvements. This contract is a tool to
quickly respond to small, yet high-priority drainage improvement design needs throughout the City
that are identified by community members or staff. The contract provides for task order-based
design on these programmable reactive stormwater projects. Locations will be specified when a
drainage improvement need is identified. Each task order is an hourly engagement, issued on an
as-needed basis.
In May 2021, the Transportation and Public Works Department (TPW), Stormwater Management
Division, published a Request for Qualifications (RFQ) for various engineering consulting services.
Forty-five consultants responded to the RFQ for the project development and design service area
with Statements of Qualifications (SOQ). An evaluation team of three City staff subject matter
experts from the Stormwater Management Division and Capital Delivery Division of TPW scored
the SOQ's based on company experience, prior projects, workload, and team experience. The
City's Business Equity team also evaluated and scored the SOQ's. A pool of twenty-one
consultants was selected based upon these scores to be matched with specific projects. Based on
this scoring, Burgess & Niple, Inc (B&N) was selected as the most qualified consultant to perform
design services for this project.
Individual task orders will be issued for each project identified to address a local flooding or
drainage need. The cost of each task order will be based on the hours worked at agreed-upon
hourly rates. The total cost of all task orders performed will not exceed $300,000.00. Staff
considers the proposed hourly rates to be fair and reasonable for the size and complexity of the
contemplated projects. This agreement may be renewed one additional time at the City's sole
option subject to available funding. The contract duration will continue until work is complete or all
funds are utilized.
Funding is budgeted in the Drainage Improvement Projects programmable project within the
Stormwater Capital Projects Fund for the purpose of funding various task order projects, as
appropriated.
Business Equity — Burgess & Niple is in compliance with the City's Business Equity Ordinance by
committing to 13.00% M/WBE participation on this project. The City's M/WBE goal on this project
is 13%.
This project is located in ALL COUNCIL DISTRICTS
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Stormwater Capital Projects Fund for future identified task order projects
related to the Drainage Improvement Projects programmable project to support the approval of the
above recommendation and execution of the engineering agreement. Prior to any expenditure
being incurred, the Transportation & Public Works Department has the responsibility to validate the
availability of funds.
Submitted for City Manager's Office b�
Originating Business Unit Head:
Additional Information Contact:
William Johnson 5806
Lauren Prieur 6035
Linda Young 2485
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Routing and Transmittal Slip
Transportation & Public Works Department
DOCUMENT TITLE: Burgess & Niple Contract
M&C: 23-0892 CPN: 100092 CSO: DOC#:
Date:
To: Name Department Initials Date Out
1 William Wendland Engineer vDwDW Dec 17, 2023
(Bi11y.Wendland@burgessniple.com)
2. Geoffrey Smith TPW Project Mgr. Dec 18, 2023
3. Linda Young TPW Program Mgr. �N Dec 20, 2023
4. Lissette Acevedo TPW Sr. CPO � Dec 21, 2023
5. Patricia Wadsack TPW Asst. Dir. p(�'�/�/' Dec 21, 2023
6. Lauren Prieur TPW Dir. Dec 21, 2023
7. Doug Black Legal ,w� Dec 21, 2023
8. William Johnson CMO Dec 23, 2023
�;
9. Ronald Gonzales CSO Dec 26, 2023
10. Jannette Goodall CSO Dec 26, 2023
s�
11. Allison Tidwell CSO .lan 3, 2024
12. TPW SW Contracts TPW SW
CC: Program Manager — Linda Young, Sr. CPO — Lissette Acevedo, TPW BSPAP Recon Team —
Cindy Sengathith
DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documcnts rcccivcd from any and all
City Dcpartmcnts rcqucsting Ciry Managcr's signaturc for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and takc thc ncxt stc�s.
NEEDS TO BE NOTARIZED: ❑YES �No
RUSH: ❑YES �No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No
ROUTING TO CSO: �YES ❑No
Action Required:
❑ As Requested
❑ For Your Information
� Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return to: tpw sw contracts(a�fortworthtexas.�ov Call 817-229-3283 with questions. Thank you!