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HomeMy WebLinkAboutContract 61009CSC No. 61009 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Halff Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Miller Avenue Streetscape — Project No. 104805. 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 $89,631.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 1 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Designation of Engineer's Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER's "Project Manager" prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. 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, City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 2 of 15 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. E. 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. F. 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. City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 3 of 15 (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. G. 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. H. 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. I. Record Drawings City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 4 of 15 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. J. 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 (as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Engineer acknowledges the MBE and WBE goals established for this Agreement 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. K. 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 City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 5 of 15 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. L. 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. M. 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 respondent superior shall not apply. N. 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. O. 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. P. 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 City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 6 of 15 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. Q. 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 City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 7 of 15 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. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 8 of 15 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. 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. City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 9 of 15 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, act of God, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. 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, City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 10 of 15 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 reimbursement of its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. 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 applicable federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder and shall observe and comply with applicable laws ordinances and regulations which may exist by governinq. 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 City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 11 of 15 claims or liability arising out of the violation of any such 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 insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 12 of 15 shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 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, 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. 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 City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 13 of 15 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. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: Feb 23, 2024 4 oonIln o � v°moo a��°c ATTEST: �p.h,ae�tx /� dpp� E4p54 a Jannette Goodall City Secretary APPROVAL RECOMMENDED: A. By: Lauren Prieu r (Feb 20, 2024 17:32 CST) ! Lauren Prieur Director, Transportation and Public Works Department City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 14 of 15 BY: ENGINEER Halff Associates, Inc. Christian Lentz PLA Technical Leader Date. Feb 14, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Miller Avenue Streetscape 104805 APPROVED AS TO FORM AND LEGALITY By: Douglas Black (Feb 22, 202415:30 CST) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: M&C No.: N/A M&C Date: N/A 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. Iskal Shrestha (Feb 13, 202416:15 CSTI Iskal Shrestha, P.E., PMP, CCM Sr. Project Manager, TPW City of Fort Worth, Texas Miller Avenue Streetscape Standard Agreement for Engineering Related Design Services 104805 Revised Date: 12-08-2023 Page 15 of 15 FORT WORTH. ATTACHMENT "A" Scope for Planning and Conceptual Engineer Design Related Services for the Stop 6 Neighborhood Enhancement Initiatives (Initiative A: Miller Avenue Streetscape) 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 ENGINEER will provide planning and conceptual design services for a series of streetscape, transit, and placemaking enhancement initiatives within the Stop 6 neighborhood. The Stop 6 Neighborhood Enhancement Initiatives will implement the recommendations of the Stop 6 Choice Neighborhood Transformation Plan and other applicable long-range planning documents, will be designed to benefit neighborhood residents and transportation users, and will provide the information necessary to initiate subsequent schematic design efforts. The Stop 6 Neighborhood Enhancement Initiatives include the following three conceptual planning activities (in random order): • Initiative A: Miller Avenue Streetscape. Preparation of a context -sensitive streetscape for Miller Avenue from East Rosedale Street to Windowmere Street. To consider design features that increase user comfort and safety along and across the street and which can be extended to adjacent segments of the corridor in the future. • Initiative B: Ramey Avenue Streetscape. Preparation of a context -sensitive streetscape for Ramey Avenue from South Hughes Avenue to South Edgewood Terrace. To consider design features that increase user comfort and safety along and across the street, and which can be extended to adjacent segments of the corridor in the future. Initiative C: Stop Six Transit Center. Site selection, preparation of a conceptual site plan, and space programming for a proposed transit center on properties adjacent to Rosedale Park. Considers how best to integrate the transit center into previously prepared conceptual plans for a mixed use development on property bordered by Rosedale Street, Liberty Street, Calumet Street, and Amanda Avenue to ensure the appropriate arrangement of all land uses in relation to the transit center, park, and surrounding streets and residences. Although each of the neighborhood enhancement initiatives are independent projects, the planning process for all three will occur concurrently and be subject to single unified community outreach process. The findings and recommendations of Initiative A and Initiative B may be consolidated into a single report. This scope of work addresses those tasks and activities necessary to complete Initiative A: Miller Avenue Streetscape. WORK TO BE PERFORMED Task 1. Project Initiation and Administration City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Miller Avenue Streetscape Pagel of 13 104805 FORT WORTH. Task 2. Community Outreach Task 3. Conceptual Planning Task 4. Final Report City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 2 of 13 Page 2 of 13 Miller Avenue Streetscape 104805 FORT WORTH. TASK 1. PROJECT INITIATION AND ADMINISTRATION. The ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of the ENGINEER's and CITY's time and resources. The ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team. [the following are examples of activities that ENGINEER may revise or expand upon] The ENGINEER will conduct project management and administrative oversight activities throughout the project term. Examples of relevant activities may include but not be limited to meeting logistics, contract administration, invoicing, and progress reporting. Specifically, the ENGINEER's designated Project Manager shall: • Lead, manage and direct planning and conceptual design team activities. • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 4 for further details. • Communicate internally among team members. • Task and allocate team resources. 1.2. Communications and Reporting. The ENGINEER will maintain ongoing communication and coordination with the CITY throughout the project term. Communication and reporting activities will include the following: • Conduct QC/QA reviews and document those activities. Refer to Task 4 for further details. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. Multi -month billing is not allowed. Months in which no work is being invoiced shall require submission of a $0.00 invoice. Prepare and submit monthly Project Status Reports in the format provided by the Transportation and Public Works Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. • Prepare and submit a preliminary Project Communications Plan. CITY will modify. • Coordinate with other agencies and entities as necessary for the design of the proposed concept, and provide and obtain information needed to prepare the design. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-s shall carry readily visible information identifying the name of the company and the company representative. City of Fort Worth, Texas Page 3 of 13 Attachment A Release Date: 07.22.2021 Miller Avenue Streetscape Page 3 of 13 104805 FORT WORTH. 1.3 Project Initiation. The ENGINEER will convene a project initiation and coordination meeting with CITY staff and other project partners designated by the CITY (i.e. Housing Authority, Trinity Metro) to discuss project goals, establish communications protocol, discuss data and documentation needs for the project, and determine the final plan for public outreach (Task 2.1). This meeting will accomplish several pre -planning objectives: • Orientation. CITY and ENGINEER staff will confirm project team structure and organization and arrive at a complete understanding of the roles and responsibilities of all project participants. • Review of Key Issues. Key issues to be addressed during the project term will be reviewed including the overall project objectives, and opportunities and challenges that must be addressed by the planning effort. • Schedule. The project schedule will be formalized, and key milestone dates will be established. • Champions Register. A preliminary list of individuals and organizations will be identified that will serve as essential project resources (Task 2.2). • Field Review (Site Tour): A site tour led by CITY staff will be convened to identify issues, opportunities, and challenges related to the study area. 1.4 Pre -planning and Background Information. The ENGINEER will coordinate with the CITY to obtain data, plans, policies and procedures, maps, reports and any other materials required to conduct the activities described in this scope of work. The ENGINEER will conduct the following activities in analyzing baseline community conditions and preparing for community outreach: • Report / Study Template. The ENGINEER will develop a project report template and graphics program for formatting and organizing narrative, figures, tables, maps, and other graphics. It is assumed that the findings and recommendations for Initiatives A and B will be consolidated into a single report. • Assemble a List of Requested Files and Information. The ENGINEER will coordinate with CITY staff to compile essential data and documentation necessary to understand community preferences, CITY objectives, and conditions of the built environment. Plan Review and Documentation. In conjunction with other requested data, CITY staff will provide the ENGINEER with access to a digital copy of all relevant City, regional, and state plans, studies, assessments, policies, and programs that may influence the study. The ENGINEER will review previously completed and on- going applicable concept plans, studies, assessments, policies, programs, and processes to understand recent planning efforts and document plan findings, including issues, opportunities, and recommendations. TASK 1 ASSUMPTIONS All Task 1 assumptions and meetings listed herein are designed to serve the combined planning needs of all three Stop 6 Neighborhood Enhancement Initiatives unless otherwise noted. City of Fort Worth, Texas Page 4 of 13 Attachment A Release Date: 07.22.2021 Miller Avenue Streetscape Page 4 of 13 104805 FORT WORTH. • One (1) project initiation and coordination meeting including CITY staff -led field review (site tour). • Eight (8) monthly project update meetings • All submittals to the CITY will be Quality checked prior to submission. TASK 1 DELIVERABLES All Task 1 deliverables listed herein are designed to serve the combined planning needs of all three Stop 6 Neighborhood Enhancement Initiatives unless otherwise noted. A. Meeting summaries with action items B. QC/QA documentation C. Working project schedule D. Preliminary Champions Register, and preliminary Project Communications Plan E. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes. F. Monthly Project Status Reports G. Report/plan template H. Monthly invoices I. Monthly M/WBE Report Form and Final Summary Payment Report Form City of Fort Worth, Texas Page 5 of 13 Attachment A Release Date: 07.22.2021 Miller Avenue Streetscape Page 5 of 13 104805 FORT WORTH. TASK 2. COMMUNITY OUTREACH. The ENGINEER will prepare and implement a community outreach program that is designed to solicit and utilize robust public input to generate design concepts that align with community needs and preferences for each of the three Stop 6 Neighborhood Enhancement Initiatives. A mix of in -person and online activities will occur throughout the project term. Subtasks listed herein include those that may be administered on a recurring or ongoing basis. 2.1. Public Outreach Plan. The ENGINEER will produce a public outreach plan in the form of a technical memorandum, which shall clearly state the goals and process for community outreach and engagement. The memorandum will expand upon this scope of work by listing outreach techniques, responsible parties, and anticipated outreach schedule and by noting how each activity integrates with the planning process. 2.2. Community Champions Concurrent to Task 2.1, the ENGINEER will conduct initial research to identify key community champions, including public officials, community leaders, long-time business owners, and individuals well known in the neighborhoods surrounding the study area as information disseminators, to be included in our initial targeted outreach efforts. Interactions with community champions will include the following activities: • Champions Register. The ENGINEER will work with the CITY to compile a register of influential individuals and community organizations, including non- profit service organizations, churches and large clubs throughout the area, who will be contacted and educated regarding the project and offered an opportunity to participate and to further share information with their networks. • Focus Group Meetings. The ENGINEER will select community representatives from the champions register to conduct up to two (2) focus group meetings prior to community -wide interactions (Task 2.3) to provide advanced insights into overall desires and needs of the community. 2.3. Community -wide Interactions The ENGINEER will facilitate two public meetings to provide opportunities for area residents to describe their community mobility needs and preferences and respond to conceptual design solutions. Public meetings will occur as follows: Meeting #1: Alternatives Testing (Provision of 3 conceptual alternatives for community review/feedback). The ENGINEER will introduce up to three draft streetscape strategies back to the community for review and feedback in an open house style format. Meeting #2: Preferred Streetscape Concept (Draft of streetscape plan revealed for refinement). A recommended draft conceptual streetscape plan for the Miller Avenue study area, incorporating public feedback received during Meeting #2, will be shared with the community for final review in an open house style format. 2.4. Public Input Survey City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 6 of 13 Page 6 of 13 Miller Avenue Streetscape 104805 FORT WORTH. To further capture community opinion and sentiment regarding the project, the ENGINEER will prepare a brief public input survey. Depending on project needs, this survey can be launched prior to the Alternatives Meeting (Task 2.3) to gain broader strategy insights, or in conjunction with the meeting to gain specific feedback on the offered alternatives. In either instance, the survey would be made available to area residents, business owners and commuters to assure that additional voices are heard beyond meeting participants. Survey links can be shared via QR codes on posters, on social media, through pushcards produced by the CONSULANT (Task 2.5) and distributed by the CITY in the area as well as via kiosks in the area if desired. The ENGINEER will compile results from surveys to provide team members with critical insights on an ongoing basis. 2.5. Outreach Strategies Each public meeting will be preceded by community -wide outreach efforts and media notifications using a combination of strategies to ensure access to all who might be interested. Documentation of all received input and participation details will be collated into a final deliverable to support the project. All notification timelines and documentation efforts will be conducted in accordance with standard NEPA guidelines. Different individuals receive information in different ways. The ENGINEER may use any of the following outreach tools to educate the public about upcoming opportunities for engagement in the planning process (unless the CITY and ENGINEER agree to alternative methods when finalizing the community outreach plan [Task 2.1]): • Pushcards/Flyers. Prior to each public meeting (Task 2.3), the ENGINEER will develop and distribute postcard -sized flyers within community networks to promote upcoming meetings and other interactive input opportunities. Larger versions of these pushcards will be available as flyers for posting in the area. • Church Bulletin Announcements. Churches near and within the area may be provided with verbiage and visuals to use in pulpit and bulletin announcements to encourage information dissemination to congregations. • Email Newsletters/Flyers. At project inception, the ENGINEER will develop an email distribution list for utilization throughout the project lifespan. This will allow notifications of upcoming meetings to flow consistently through numerous electronic communications channels. • Website. The ENGINEER proposes that a section of the CITY'S website be made available for content placement regarding this planning initiative and the opportunities for public engagement, as well as the posting of information shared at meetings in a real-time format. The ENGINEER will work closely with the CITY to assure that content on this site will be effective in serving the needs of the public. • Info Line. It is recommended that the CITY establish a specific phone line dedicated to answering project questions, and that either a project -specific City of Fort Worth, Texas Page 7 of 13 Attachment A Release Date: 07.22.2021 Miller Avenue Streetscape Page 7 of 13 104805 FORT WORTH. message is recorded on that line, or a knowledgeable CITY -staff person answers that line at all times. For persons without internet access, this information line may be their sole source of direct information about the project. For that reason, all materials will include this phone number. The ENGINEER can provide a suitable script for a recorded line if one is available. • Social Media. The ENGINEER may provide project meeting notification visuals for use in area social media accounts. Creation of a project -specific social site is not recommended in this instance, but content development and distribution to key stakeholders for sharing within their networks is recommended. Media Relations. The ENGINEER team includes media professionals who will develop and distribute press releases and public service announcements (PSAs) to area media for all rounds of meetings to assist in garnering participation. The ENGINEER will work closely with the CITY to ensure that these releases are consistent with the CITY'S vision for this project, and that any inquiries are handled professionally, consistently, and in a timely manner. TASK 2 ASSUMPTIONS All Task 2 assumptions and meetings listed herein are designed to serve the combined planning needs of all three Stop 6 Neighborhood Enhancement Initiatives unless otherwise noted. • The ENGINEER will prepare and provide graphics and materials described in Task 2.5 to the CITY. The CITY will be responsible for the dissemination of information via the methods described by Task 2.5 unless otherwise noted. • Public input survey will be disseminated in a digital format. • Facilitate two (2) focus group meetings. Each focus group meeting will last between 60-90 minutes. • Facilitate two (2) public open houses as defined by Task 2.3. TASK 2 DELIVERABLES All Task 2 deliverables listed herein are designed to serve the combined planning needs of all three Stop 6 Neighborhood Enhancement Initiatives unless otherwise noted. • Public outreach plan (technical memorandum) • Outreach materials as described in Task 2.5, and as applicable • Focus group interview questions • Public input survey (in digital format) • Public outreach summary including results of all meetings and interviews as an appendix to the final study report City of Fort Worth, Texas Page 8 of 13 Attachment A Release Date: 07.22.2021 Miller Avenue Streetscape Page 8 of 13 104805 FORT WORTH. TASK 3. CONCEPTUAL PLANNING. The process for generating a conceptual streetscape plan for Miller Avenue between East Rosedale Street and Windowmere Street (Initiative A) will be subject to three distinct phases. Each phase provides for defined transitions between the solicitation and receipt of community input by the ENGINEER and the subsequent production of alternative and final conceptual streetscape designs. Community outreach activities defined in Task 2 will align with the project phases defined herein. 3.1 Vision Development At the conclusion of project initiation and pre -planning activities (Tasks 1.3 and 1.4), the ENGINEER will begin efforts to introduce and educate the community about the project, and to develop a guiding vision for the project based on an evaluation of existing plans and policies, relevant data, and community feedback. Vision development activities include: • The ENGINEER will coordinate with the CITY to discuss preliminary project and study area assumptions derived from a review of demographic, transportation, safety, utility, survey and environmental data and public policy documents. • The ENGINEER and CITY will jointly prepare a series of guiding principles for the Miller Avenue streetscape initiative and/or for the Stop 6 Neighborhood Enhancement Initiatives as a whole. 3.2 Alternatives Analysis and Concept Development The ENGINEER will combine feedback received from initial focus group meetings with demographic, transportation, safety, utility, survey and environmental data to develop three (3) alternatives for the Miller Avenue streetscape segment. Activities will include: • The ENGINEER will coordinate with CITY staff to determine the appropriate composition of each of the Miller Avenue thoroughfare cross -sections prior to preparing streetscape alternatives to the public. • The ENGINEER will present each streetscape alternative on 22-inch H x variable length roll plot at a scale appropriate to depict the proposed improvements. • The ENGINEER will prepare and present cross-section exhibits that illustrate and explain the composition, benefits and challenges of each of the three (3) streetscape alternatives. • The ENGINEER and CITY will hold an alternatives open house to discuss and gather public feedback related to proposed streetscape alternatives (Task 2.3, Meeting #1). 3.3 Preferred Streetscape Concept The ENGINEER will prepare a preferred streetscape concept based upon community feedback and the functional and placemaking benefits that align with study's guiding vision. • The ENGINEER will host an initial concept meeting with the CITY (during a regularly -scheduled bi-weekly project coordination meeting [Task 1]) to discuss City of Fort Worth, Texas Page 9 of 13 Attachment A Release Date: 07.22.2021 Miller Avenue Streetscape Page 9 of 13 104805 FORT WORTH. potential streetscape refinements and address any final considerations prior to preparing preferred concept exhibits for the final public meeting. • The ENGINEER will prepare a draft preferred streetscape concept and provide to the CITY for review and consideration. • The ENGINEER will host a concept meeting with the CITY (during a regularly - scheduled bi-weekly project coordination meeting [Task 1]) to discuss the draft preferred streetscape concept and consider final adjustments prior to public presentation. • The ENGINEER will present the preferred streetscape concept on 22-inch H x variable length roll plot at a scale appropriate to depict the proposed improvements, and with an accompanying cross-section that illustrates and explains the composition, benefits and challenges of each of the recommended concept. • The ENGINEER and CITY will hold a preferred streetscape open house to discuss and gather feedback regarding the recommended streetscape concept (Task 2.3, Meeting #2). TASK 3 ASSUMPTIONS All Task 3 assumptions and meetings listed herein are designed to serve the combined planning needs of all three Stop 6 Neighborhood Enhancement Initiatives unless otherwise noted. • The extents of all streetscape concepts including plan views, cross -sections, and roll plots will begin on the north side of the intersection of Miller Avenue with East Rosedale Street and extend north roughly 550 feet +/- through a potential intersection of Miller Avenue with an extension of Windowmere Street from Bradley Street. • In evaluating the feasibility of streetscape concepts, the ENGINEER may opt , but is not required to produce accessory exhibits that consider segments of Miller Avenue that are adjacent to and extend from the defined conceptual streetscape extents. • Alternative and final streetscape concepts will adhere to the guiding principles, goals, and objectives of applicable CITY policies and plans. • Open house materials will include those exhibits referenced throughout Task 3 and any other supporting presentation boards or handouts determined by the ENGINEER to be necessary to convey supporting study findings and assumptions. • Participate in monthly project coordination meetings as defined by Task 1. • Facilitate two (2) public open houses as defined by Task 2.3. TASK 3 DELIVERABLES All Task 3 deliverables listed herein are designed to serve the combined planning needs of all three Stop 6 Neighborhood Enhancement Initiatives unless otherwise noted. City of Fort Worth, Texas Page 10 of 13 Attachment A Release Date: 07.22.2021 Miller Avenue Streetscape Page 10 of 13 104805 FORT WORTH. • Vision and guiding principles. • Three (3) conceptual streetscape alternatives • One (1) final preferred streetscape concept • Public meeting exhibits as defined in Tasks 3.1, 3.2 and 3.3. • Documentation of key design decisions accompanying each alternative/conceptual submittal. • Opinions of probable construction cost (OPCC) accompanying each alternative/conceptual submittal. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 11 of 13 Page 11 of 13 Miller Avenue Streetscape 104805 FORT WORTH. TASK 4. FINAL REPORT. All study results, findings and recommendations will be compiled by the ENGINEER into a final report, including appendices as applicable. The final report will be a consolidated deliverable that documents the planning process and outcomes for Initiatives A and B. 4.1. Report Review and Approval. The ENGINEER will prepare a consolidated draft report for Initiatives A and B for submittal to CITY staff for review. • CITY Staff Review. The draft study report submitted by the ENGINEER will be reviewed by CITY staff. The ENGINEER will make one round of edits prior to posting an electronic copy or citizen review. • Electronic Copy for Citizen Review. The ENGINEER will transmit a PDF of the draft report document to CITY staff for posting on the CITY's website for public review and comment. 4.2. Study Acceptance and Delivery. • Final CITY Review and Acceptance. The ENGINEER will coordinate with CITY staff following the citizen review period to identify and make one final round of edits to the study report for acceptance by CITY staff. • Following acceptance of all edits by CITY staff, the ENGINEER will provide electronic versions of all original files related to the study report including all maps and data. • Upon acceptance of the final study report by the CITY a supplemental task order shall be prepared and negotiated to proceed with the design, bidding, construction, geotechnical, and permitting services in accordance with CITY standard processes. TASK 4 ASSUMPTIONS All Task 4 assumptions and meetings listed herein are designed to serve the combined planning needs of all three Stop 6 Neighborhood Enhancement Initiatives unless otherwise noted. • The ENGINEER and CITY will agree to the planning process's intended final recommendations and the form of associated exhibits associated with Initiative A prior to a draft report being submitted for review. • Draft and final report edits will be limited to those which require simple text edits and do not necessitate substantial changes to document format, maps, tables, or figures; nor, require new research or public outreach. • One (1) consolidated round of draft report edits following CITY staff review and prior to electronic posting for citizen review. • The citizen review period of the draft study report shall not exceed four (4) business weeks. • One (1) consolidated round of draft report edits following CITY staff and citizen review. City of Fort Worth, Texas Page 12 of 13 Attachment A Release Date: 07.22.2021 Miller Avenue Streetscape Page 12 of 13 104805 FORT WORTH. TASK 4 DELIVERABLES All Task 4 deliverables listed herein are designed to serve the combined planning needs of all three Stop 6 Neighborhood Enhancement Initiatives unless otherwise noted. • One (1) draft study report for Initiatives A and B (digital in searchable Adobe pdf format) • One (1) final study report for Initiatives A and B (digital in searchable Adobe pdf format) • One (1) final study report for Initiatives A and B (digital packaged in parent Adobe INDD format) • One (1) digital copy for Initiatives A and B (searchable Adobe pdf format) of all appendices, if applicable • All original ArcGIS data layers created for the project • Initiative A cost estimates in Microsoft Excel format City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 13 of 13 Page 13 of 13 Miller Avenue Streetscape 104805 ATTACHMENT B COMPENSATION Design Services for Miller Avenue Streetscape City Project No. 104805 Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Cateqory Rate for the ENGINEER's team member performing the work. Labor Cateqory 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 2024 Rate 2025 Rate ($/hour) ($/hour) QA Manager 295 350 Project Manager 220 256 Project Engineer 165 224 EIT 145 180 Assoc. Planner 115 150 CADD/ GIS 100 128 Senior Env. Scientist 141 183 Mid Env. Scientist 123 160 Senior Landscape Architect 205 240 Landscape Designer 90 116 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 Attachment B Revised Date: 12/9/2022 Page 1 of 4 Miller Avenue Streetscape 104805 LIM 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 Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 4 Miller Avenue Streetscape 104805 AM ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Halff Associates, Inc. Primary Consultant Proposed MWBE Sub -Consultants Franklin Associates Public Outreach & LLC. Engagement Non-MWBE Consultants Project Number & Name CPN 104805 Miller Avenue Streetscape City MWBE Goal = 0% City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 TOTAL Fee Amount % $63,735.00 71.1 % $25,896.00 28.9% $89,631 100% Total Fee MWBE Fee MWBE % $89,631.00 $25.896.00 28.9% Consultant Comm tted Goal = 28.9% Miller Avenue Streetscape 104805 AM EXHIBIT "13-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 Miller Avenue Streetscape 104805 Professional Services Invoice Project Manager: Ilskal Shrestha Project: Miller Avenue Streetscape City Project #: �104805 1 City Sec Number: I Company Name: I Halff Associates, Inc. Supplier's PM: Christian Lentz Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: 1/1/2024 Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Summary Supplier Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: clentz@halff.com Office Address: 2601 Meacham Blvd Suite 600, Fort Worth, TX 76137 Telephone: 817-847-1422 Fax: 817-232-9784 Remit Address: P.O. Box 678316 Dallas, TX 75267-8316 Agreement LTD Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining FID and Work Type Description Amount Amount Date Amount Spent Previously Invoice Balance Task 1: Project Initiation & Administration $12,445.90 $12,445.90 $12,445.90 100.00000000 % $12,445.90 Task 2: Community Outreach $30,174.80 $30,174.80 $30,174.80 100.00000000 % $30,174.80 Task 3: Conceptual Planninq $33,960.00 $33,960.00 $33,960.00 100.00000000 % $33,960.00 Task 4: Final Report $13,050.00 $13,050.00 $13,050.00 100.00000000 % $13,050.00 Totals This Invoice $89,630.70 $89,630.70 $89,630.70 $89,630.70 Overall Percentage Spent: 1oo.00000000r Miller Avenue Streetscape 104805 Halff Associates, Inc. 817-847-1422 1 817-232-9784 2601 Meacham Blvd Suite 600, P.O. Box 678316 Dallas, TX 75267-8316 Fort Worth, TX 76137 CFW Project Manager Supplier's Project Manager: Supplier's PM email: Name of Project: Total Labor Iskal Shrestha Christian Lentz clentz@halff.com Miller Avenue Streetscape Subcontract Service Public Outreach & Engagement Subcontractor Subtotal 10 Percent Markup on Subcontract Services Nonlabor Expenses Travel Nonlabor Expense Subtotal 0.0 Total Expenses (Subcontract Services+Markup+Nonlabor Expenses) TOTAL DUE THIS INVOICE Invoice Supplier Project No. 54804.001 Proj. In, No. Invoice date: 01/01/24 Period Service Date:From Service Date:To City Secretary Contract #: P.O. Number: 220.00 165.00 Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Miller Avenue Streetscape 104805 Level of Effort Spreadsheet TASIUHOUR BREAKDOWN Design Services for Stop 6 Neighborhood Enhancement Initiatives (Initiative A: Miller Avenue Streetscepe) City Project No. 104805 Twk No. 11 1 1 +221 1 1 12 3 ,4 1 13 131 1 +1a11ff1�0�y�y 1 20 Taek peecriptlon Kar1' I T¢am m is n ,an Momr rgA leA7ea I¢ I P PWWyr. M-II, Prccress R.—vnlM1 SC —I. 1 f ,d.t PFiIdIp �11ni0ae nMeetinP tl o90prounU Information PoMne 1P13@@', mm ommr.,u Mp9er M 9er wasz9s anaa:z6 E .I 1 ? i1 1 9¢eer ms16s d r EI St453r. Planner s16s 1 planStt3 Plann¢r App/LeDE/M1ou0rol ar Env. Mid Env Jr. Env C613 P pCc$ Scientist Scienliat Sci¢ntiar $+o4 $+6J M.,a $141 $123 s91 4 F 2 LantlswPe ArcM1itecte p y Ve Admin. 6rProFihcl .01 $196 nes4 slos s Cost f0 Coll¢crlon MwaEco.NclnarOweE Travel ene¢ pate $1,077 'i aa6G Izg36s so So W twe C¢spenae I $0 I sa 1 $1, $]0+ 1 sp 1 $o I 5000 I �$0 1 $a 1 $0 1so Ea III— ask SUDTONI SO s+no $+,na $t]as $— $2,6ts .19 E660 E $6fi0 f0 $600 aB05 $6os $t,3$6 $1,3$5 $1,1a5 $1,355 sw,nfi 1 z :2 1 3.322{'�9Facticns 1 2 1 3A92 1 2 P- Commu 1a�yx cha SRAPgraen. �M42lE11 x�ap�A UII Cpubtf(IAEe ) n 'f 9 �(�@ If SMa/r01l�o�uC p Npls ollec9ion A4 1 d d S 0$ 1 1 5 l r 1 6 C{'+ S 11 $lsoe $1,9�� 511l,24� az4 a29 681 $1so9 I $0 1 $1a15 s4,31a 1 $0 1 $11,244 1 $o I $2a00 1 $0 $0 I $2,9� $1,91n $o $ $2,oao s4,4]0 E$4.2; $0 $12,310 $ $1,560 S2 a00 $f26 $460 E]05 $211 $]OS 9.0 N��gpar` 4 10 i6 40 36L 0 '1, 0 0 0 94 0 td E39,360 EO EO EO $. E600 E600 mid.0 1 3Z13 3 1 322 3] 33.2 Vi'Ji,1�7.MT 1Keview end anaNsis Jrr(�NMT s1 qn01 (q nl er we rl �un H L�21Oevelopmem a me 1(111 6�rLLJ[AdAlloreolrollow-uul P(q{q[r$If pn ncelfld�vn House (prepttollowupl) '/ 2I 1 3idJJ (1 dy d I 4 1 LIJI / 4 6 0 @ d JI dJ d G 0 000 a 1 / 1GJ 3� 0 1. 0 Se6$2 1 w 1 $0 1 60 a300 $3p0 1 $0 1 $0 8300 $300 $a,6s2 $670 $6]0 31 ]24 $3,545 $],]24 $3 e65 $t.— $1,7a40 17,620 S3,405 $]620 S3,7OS 0P—r- 4 E12.6E0 $0 SO Eo SO $400 E400 E13050 1 1 4 Pro a Renew ve Rc0y n SR�a EG6A from Ilvery e � e �I f0 S354o SO 1 80 I $0 It $o $e,sa0 f2a0 $230 at,`0 $+,10 442A22 Fyn $62 aa5 SubEGASL a2599G Non MBEIBI $0 Total Pprol MeM a09.6D1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Miller Avenue Streetscape City Project No. 104805 Article VI; General Legal Provisions; C. Force Majeure; Insert "acts of the public enemy, act of God, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes." Article VI; General Legal Provisions; F. Indemnification; replaced "recover its" with "reimbursement of its" Article VI; General Legal Provisions; J. Observe and Comply; reworded paragraph "ENGINEER shall at all times observe and comply with applicable federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder and shall observe and comply with applicable laws ordinances and regulations which may exist by governinq 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 aqainst claims or liability arising out of the violation of any such law, ordinance, or regulation, whether it be by itself or its employees." City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Miller Avenue Streetscape Page I of 1 104805 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Miler Avenue Streetscape Attachment D CPN 104805 Revision Date: 07.20.2018 Page 1 of 1 CFW - Integrated Program Project Schedule ID Adi,ry Name Start Flnlsh Pred...on Successo DOrpnal uration) I I Foal at ;top 6 Neighborhood Enhancement Initiatives - Miller 139 19-Feb24 30-Aug24 0 Project Initiation and Administration 139 19Fd,24 30Au924 0 1010,1030 -20 1000 Prq-ln1lti3m 1 19Feb24' 19Feb24 1010 ManaginglheT 139 19Feb24 30Au924 1000,4010 1020,1020 0 1020 CarcrunMaimsaid Repoing 139 19Feb 24 30Au924 1010,1010 0 1030 Pm-ll—ingmd6aabgamdlnfprra§mm 29 19Feb-24 29Nx24 1000 2000, -20 Community Outreach 99 29FeG24 15Ju124 33 2000 Publx: oubeaah 22 1030 110 2010 Caanmily Chaq ns Re*tar 22 29Feb24 29Na24 1030 2020,2050 -20 2020 Faros Gmup Meeings 10// 304v1a-24 12Apr-24 2010 3010 49 2030 Meeing#1-Allanai—T fing 1 13-MW-24- 13-May-24 2050 3020 -20 2040 Meeing#2-Prd—d SYeeE C—p[ 1 15Ju1-24- 15Ju124 2060 -20 2010 2030 -20 2060 0ub—h Strtjes 99 29Fd,24 15Jul-244 1030 2040 -20 Conceptual Planning 94 18Mar-24 26Jul-24 1 25 3000 Vaxn DerekXnarit 44/ 184v1a-24 174v1a)-24 1030 75 3010 AI@m�.�esMatysisand Cor-,IDe+dq—t 69 01 Apr-24 28Jun24 2020 45 3020 Preferred Sbeasrape Cmoept 30 15Jun-24 26Jul-24 2030 4000 0 Final Report 2s z7Ja124 30-Au 0 4000 RepolRenewmd4pprwA 15 27Ju124 16Aug24 3020 4010 0 4010 SWd)AmQAxmeaid Da."— 10 17Aug24 30Aug24 4000 1010 0 Actual Work Remaining Work Critical Remaining Work Report Print Date: 08-Feb-24 Page 1 of 1 2 24 Jan I Feb I Mar I Apr ay Jun I Jul I Aug I Sep 1� I f q q q --------------- 104805 - Stop 6 Neighborhood Enhancement Initiatives - Miller 01-Feb-24 Schedule Miller Avenue Streetscape 104805 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 Miller Avenue Streetscape 104805 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 Miller Avenue Streetscape 104805 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 Miller Avenue Streetscape 104805 ENDORSEMENT This endorsement, effective 12:01 A.M. 08/01/23 forms a part of Policy No. CA5717893 issued to Halff Associates, Inc. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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: 11) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. I AUTHORIZED REPRESENTATIVE 87950 (9/14) Includes copyrighted information of Insurance Services Office, Inc., Page 1 Of 1 with its permission. 08/01 /2022 ENDORSEMENT This endorsement, effective 12:01 A.M. 08/01/23 forms a part of Policy No. CA5717893 issued to Halff Associates, Inc. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. IZED REPRESENTATIVE 62897 (6/95) EMMARMates, Inc. POLICY NUMBER: 585-69-23 COMMERCIAL GENERAL LIABILITY CG20371219 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 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 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) 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 Q Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: GL5856923 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Location(s) Of Covered Operations IL111111:7:TO11111111.3FITr7:7:111012011kIt0 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to that which you are required by the contract include as an additional insured the person(s) or or agreement to provide for such additional organization(s) shown in the Schedule, but only insured. with respect to liability for "bodily injury", B. With respect to the insurance afforded to these "property damage" or "personal and advertising additional insureds, the following additional injury" caused, in whole or in part, by: exclusions apply: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 0 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 ❑ POLICY NUMBER: GL5856923 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing opera- tions or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ POLICY NUMBER: GL5856923 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribu- tion from any other insurance available to the additional insured. CG 20 01 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 08/01 /2023 forms a part of Policy No. WC 014-19-5843 Issued to HALFF ASSOCIATES, INC. By NEW HAMPSHIRE INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS. WC 42 03 04 B Countersigned by (Ed. 6-14) Authorized Representative 0 Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Halff Associates, Inc., Miller Avenue Streetscape M&C: Date: 02/13/2024 CPN: 104805 CSO: DOC#: To: Name Department Initials Date Out 1. Alexandra Ripley TPW - initial A Feb 13, 2024 2. Christian Lenz-clentz@half£com Consultant - Signature CFL� Feb 14, 2024 3. Iskal Shrestha TPW - Signature Feb 13, 2024 4. Chad Allen TPW -initial Feb 18, 2024 5. Lissette Acevedo TPW -initial Feb 20, 2024 6. TPW AD, Patricia Wadsack TPW - initial p(., Feb 20, 2024 7. Lauren Prieur TPW - signature Feb 20, 2024 8. Doug Black Legal - signature ,,,b ^' Feb 22, 2024 9. Jesica McEachern CMO - signature ,a` Feb 23, 2024 10. Jannette Goodall CSO - signature 77,4-7 Feb 23, 2024 IL TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: [—]YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: []YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment: Please "CC" &/or "Share Routing" with Philip. Trinhwortworthtexas.gov ❑ File Return To: TPWContracts(a,FortWorthTexas.izov at ext. 7233 or 8363, for pick up when completed. Thank you! Updated 0111212024 mdhm