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HomeMy WebLinkAboutContract 61397CSC No. 61397 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home -rule municipality ("City"), and Lee Engineering, LLC, authorized to do business in Texas ("Consultant"), for a project generally described as: W 7th Bridge Illumination Design Services ("Project") — Project No. 105022. Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $309,828.83 ("Contract Amount") in accordance with the Fee Schedule shown 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. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant 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. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: December 8, 2023 Page 1 of 9 W 7th Bridge Illumination Design Services City Project Number 105022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas W 7th Bridge Illumination Design Services Standard Agreement for Professional Services City Project Number 105022 Revision Date: December 8, 2023 Page 2 of 9 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth, Texas W 7th Bridge Illumination Design Services Standard Agreement for Professional Services City Project Number 105022 Revision Date: December 8, 2023 Page 3 of 9 working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII 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 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), Consultant acknowledges the MBE and WBE goals established for this Agreement and its execution of this Agreement is Consultant'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 Consultant 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. Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its subcontractor(s). City of Fort Worth, Texas W 7th Bridge Illumination Design Services Standard Agreement for Professional Services City Project Number 105022 Revision Date: December 8, 2023 Page 4 of 9 Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant 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 Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI 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 Consultant 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 Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or City of Fort Worth, Texas W 7th Bridge Illumination Design Services Standard Agreement for Professional Services City Project Number 105022 Revision Date: December 8, 2023 Page 5 of 9 unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: <City Employee here> <City Department here> <Street Address or PO Box Here> Fort Worth, Texas <Zip Code Here> Consultant: Lee Engineering, LLC Attn: Dharmesh Shah, PE, PTOE 3030 LBJ Freeway, Suite 1660 Dallas, TX 75234 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas W 7th Bridge Illumination Design Services Standard Agreement for Professional Services City Project Number 105022 Revision Date: December 8, 2023 Page 6 of 9 Article XX Prohibition on Boycotting Energy Companies Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. EMU iaMX14111 City of Fort Worth, Texas W 7th Bridge Illumination Design Services Standard Agreement for Professional Services City Project Number 105022 Revision Date: December 8, 2023 Page 7 of 9 Attachments, Schedules and Counterparts 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 Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement 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: May 10, 2024 e46 A'4 ZI a>o ATTEST: oa * boo *� (1 �anoo4�. Jannette Goodall City Secretary APPROVAL RECOMMENDED: By:LaurenLauren Pr 202413:34 CDT) Lauren Prieur, P.E. Director, TPW BY: CONSULTANT Lee Engineering, LLC Dharmesh Shah, PE, PTOE Vice President Date: April 18, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas W 7th Bridge Illumination Design Services Standard Agreement for Professional Services City Project Number 105022 Revision Date: December 8, 2023 Page 8 of 9 APPROVED AS TO FORM AND LEGALITY M&C By. ,niialaz Rlark (M�41 5,59 COT) M&C Douglas W Black Sr. Assistant City Attorney Date Contract Compliance Manager: No.: 24-0284 4/9/24 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. Clint Hoover, P.E. Engineering Manager City of Fort Worth, Texas W 7th Bridge Illumination Design Services Standard Agreement for Professional Services City Project Number 105022 Revision Date: December B, 2023 Page 9 of 9 ATTACHMENT "A" Scope for Engineering Design Related Services for W 71h Bridge Illumination Design Services (City Project No 105022) The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of this project is to design a new lighting system for the W 7th Bridge. The project limits are as follows: • W Th Street Bridge from the Fort Worth Branch Trail to the west to Fournier St to the east including median lighting, bridge lighting (up lights on the bridge wall illuminating the cable system), and bridge side path lighting • Under bridge lighting, primarily providing illumination to the trail system under the bridge WORK TO BE PERFORMED Task 1. Design (Project) Management Task 2. Existing Lighting System and Functional Requirements of the New Lighting System Task 3. Preliminary Design (60 Percent). Task 4. Final Design (90 Percent) and Final Construction Documents (100 Percent) Task 5. Construction Phase Services Task 6. ROW/Easement Services Task 7. Survey Task Q. P rm itting TASK 1. DESIGN (PROJECT)MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 17 • Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Conduct and document monthly project update meetings with CITY Project Manager. • Conduct review meetings with the CITY at the end of each design phase — 60%, and 90%. The 60% review meeting shall be held in the field, all others to be held at Traffic Management. • Conduct and document monthly design team meetings. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the respective CITY 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 and according to the City of Fort Worth's Schedule Guidance Document. • Prepare and submit a preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan. CITY to modify and finalize. • Prepare monthly updates to the Total Project Budget Estimate (TPBE) spreadsheet and the Project Risk Register. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. 7 CCU moo c The CAIr_I ICCC �� PEE. _ r9yie�A meeti�}��rv�NEER \%fill prepare the presentations, �l atteR +ho moo+inns and prepare moo4iRg oummcri4s e • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. ASSUMPTIONS • One (1) pre -design project kickoff/chartering meeting. • Eight (8) monthly project update meetings with CITY Project Manager. • Two (2) plan review meetings. City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 2 of 17 • Eighteen (18) biweekly design team meetings. • Project design phase is anticipated to take eight (8) months. • Prepare eight (8) monthly updates of project status reports, MWBE forms, TPBE, risk register, and project schedule. • Prepare fer and offend up to twe /2 REER gyiew meetings DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly MWWBE Report Form and Final Summary Payment Report Form G. Monthly TPBE spreadsheet updates H. Monthly Project Risk Register updates I. Preliminary Project Risk Register, Stakeholder Register, and Project Communications Plan. TASK 2. Existing Lighting System and Functional Requirements of the New Lighting System Existing Lighting System Report shall be submitted to CITY per the approved Project Schedule. The purpose of the existing lighting system report is for the ENGINEER to identify existing fixtures, control system, communication system, and poles. In addition, ENGINEER will prepare functional requirements for the new lighting system that successfully addresses the challenges with the existing lighting system and identifies functionalities of the new system that meet the CITY'S needs. The ENGINEER will obtain the CITY's endorsement of the new system's functionalities. ENGINEER will prepare the Existing Lighting System Report as follows. • Data Collection In addition to data obtained from the CITY, ENGINEER will meet the CITY staff and conduct a walk-through of the existing system to identify existing equipment including conduits and wiring, electrical services and communication enclosures, underpass lighting fixtures, median lighting fixtures and poles, and pathway lighting fixtures. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including as -built plans City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 3 of 17 • The Existing Lighting System Report will an existing system layout (schematic level) and memo describing the existing system equipment and challenges with the existing lighting system. The existing System Report will include the following:: • Preliminary cover, index of sheets including project limits, and general notes. • Existing System Plan sheets showing existing horizontal roadway and bridge alignments, existing ROW, existing sidewalks, existing curbs, existing medians, and utilities captured from the survey. • A memo documenting the existing lighting system and challenges associated with the system. ENGINEER will prepare the functional requirements of the proposed system as follows: • Meet with the CITY staff to discuss their needs for the proposed color -changing LED bridge arch lighting system, including fixtures, wiring, communication capabilities, and central control. • Prepare a Functional Requirements document and Obtain the CITY's endorsement. • Work with the CITY staff to identify up to three color -changing LED lighting system vendors and invite each vendor to present their qualifications and products as they apply to the W 7th Street Bridge lighting system. • Conduct a field meeting with each vendor (if requested) and the CITY staff to describe the existing system and answer the vendors' questions. • Prepare Vendor Evaluation Matrix with scoring criteria and discuss it with the CITY staff, including the purchasing department, if needed. Obtain the CITY's endorsement on the Vendor Evaluation Matrix. • Assist the CITY with scheduling vendor presentations. Attend Vendor presentations and assist the City with the evaluation of each vendor and their proposed lighting color changing lighting system for the W 7th Street Bridge. ASSUMPTIONS • Up to three color -changing LED lighting system vendors will be evaluated. • The CITY will select a color -changing LED lighting system vendor based on the product information provided by each vendor and their presentation. • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • ENGINEER shall not proceed with Preliminary Design (60%) activities without notification by the CITY of the selected Color-Changin LED Lighting System. • Attend four (4) field meetings with the CITY, including three (3) field meetings with the Color-Changin Lighting System vendors. • Attending three (3) vendor presentations. • plan review meeting. City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 4 of 17 DELIVERABLES A. Existing Lighting System Layout and Existing Lighting System Report B. Proposed Lighting System Functional Requirements C. Vendor Evaluation Matrix D. Meeting summary for each meeting TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Data Collection and Photometric Analysis • For median lighting, obtain the most recent IES photometric files from the lighting manufacturer or the CITY to use in the photometric analysis to determine pole placement and spacing. However, pole spacing for the median lighting is not expected to change since the poles are existing. • Coordinate with CITY to determine median, pathways, and under -bridge lighting fixtures for the project. • Perform photometric analysis for the median lighting utilizing the IES file obtained in Task 3.1 to demonstrate that the lighting design meets the lighting guidelines in the latest version of the IES RP-08-14. The photometric analysis will be prepared using VISUAL, a photometric analysis software package. • No photometric analysis will be performed for the color -changing arch LED lighting, underpass lighting, and pathway lighting. 3.2. Preliminary Design Plans (60% Plans) Development of Preliminary Design Drawings and Specifications shall include, but not be limited to, the following: • Cover Sheet • Sheet Index • Quantity Summary • General Notes • Existing Conditions Sheet showing the existing median lighting, arch lighting, pathway lighting, and under bridge lighting. Also, include electrical service and communication enclosure locations along with all existing conduits. • Project overview sheets City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 5 of 17 • Proposed Lighting Layout Sheets - Median Lighting Layout Sheet - Arch Lighting Layout Sheet - Pathway Lighting Layout Sheet - Under Bridge Lighting Layout Sheet - Conduit charts and writing design tables - Structural Design Layout Sheet(s) for removal of one existing light pole foundation in the median, repair of the median, and installation of the new light pole (including paving removal, paving details, etc., as needed) • Proposed Lighting System Equipment Detail Sheets (lighting system control enclosure and connections) ENGINEER will provide specifications, custom notes, and details for alterations to the median barrier for a replacement pole light. At a conceptual level, the plan is for the median barrier to be removed from the joint to the junction box while preserving the conduit and reinforcement needed to replace the infrastructure in order to accept a replacement pole light. It is expected that two plan sheets will be sufficient to communicate the location and details for these services. ENGINEER will also work to obtain all record drawing information on the existing bridge from TxDOT and/or the City of Fort Worth. ENGINEER will also provide plans and standards consistent with the structural modifications to the median barrier described above. Two plan sheets are expected to communicate the traffic control, and the City of Fort Worth standards will be utilized for traffic control details. Traffic Control Plan for median repair work, including all construction signage and pavement markings, which will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. Applicable CITY and/or TxDOT standard details, 1 per sheet. • Excel spreadsheet for voltage drop calculations for the median lighting, under - bridge, and pathway lighting. All design sheets shall include project control data. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X, Y, and Z Coordinates in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Opinion of probable construction cost (OPCC). • Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 6 of 17 the CITY's comments from the field visit and submit this information to the CITY in writing. • Utility- Glee • Th�C.PJEER Will ^onsult with the CITY's Trsnspa#a#+on cnd R-'.-blis VVeFks Department, Water department and other CITY ydepartmonto, public- utilities, utilities,private utilities and government agenGies te determine the approximate IGGatien of above and underground and other faGilities (GUFFeRt and future) that havo cn impscfaF iRfIUeRGe orrthepFe}ect. €N INEER wi'I �CITY faGniffitmes to avoid -or minMZ8 ^^nfli^tc with ovictiRg utilities, and where LnOWR onrd possible Gensirder potential future ire utilities in designs. • The ENGINEER oholl upload individual DWF files fer eaoh plan ohpet of the approved preliminary plan set to the designated preje^t folrJer in eJ'zasw48r f diRg-to cll Ntilit)y nom navies Whish have fa^ilities within the limits of the preJeGt. The rWIF files shoiilyd he Greated dire^rtl�;rom the CAD files as opposed c-vwrTlca��rivala-�� to PDF filos. • Bridge Lighting System Maintenance Plan • ENGINEER will discuss the W 7th Street Bridge Lighting System maintenance needs with the CITY staff. • Based on the input received from the City, ENGINEER will document the items that need to be included in the Maintenance Plan. • ENGINEER and the City of Fort Worth Engineering staff will meet with the City of Fort Worth Purchasing department to discuss how Maintenance Plan requirements can be included in the bid for the construction of the W 71h Street Bridge Lighting System. • ENGINEER will prepare a DRAFT Maintenance Plan and submit it to the CITY for review. ASSUMPTIONS • Three (3) sets of 11" x 17" size plans will be delivered for the 60% design. • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • One (1) set of full size drawings will he delivered for Utility- rle e. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans and Bridge Lighting System Maintenance Plan. • One (1) plan review meeting with the CITY. • The vendor selected for the color -changing arch lighting system will prepare the necessary renderings and photometric layouts for the arch lighting system. • New specifications will not be developed for any lighting fixtures, systems, or poles. City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 7 of 17 DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Glearanno drawings and Utility Clearanno Color Le C. Estimates of probable construction cost D. Meeting summary from plan review meeting TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans (90%) and the Final Draft Maintenance Plan shall be submitted to CITY per the approved Project Schedule, including. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by a Professional Engineer registered in State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. It is understood that some of the bid items for the color -changing LED arch lighting system may utilize non-standard CITY bid items. • Prior to final design plans (90%), obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database, coordinate with CITY Project Manager. ASSUMPTIONS • Three (3) sets of 11" x 17" size drawings will be delivered for the 90% Design package. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • Three (3) sets of 11" x 17" size drawings will be delivered for the 100% Design package. • A DWF file for the 100 % Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • Utility clearance is not required for this project. DELIVERABLES A. 90% construction plans. City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 8 of 17 B. 100% construction plans. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. For the color -changing arch LED lighting system, non -CITY standard bid items may be used. D. Original cover mylar for the signatures of authorized CITY officials. TASK 5. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 5.1. Construction Support • The ENGINEER will prepare the task order package to construct the project under the CITY's existing unit price construction contract. The task order package will include: task order authorization sheet, location map, quantity and estimate summary, overall unit price contract task order summary, and the signed and sealed plans. • The ENGINEER shall attend the preconstruction conference. • The ENGINEER shall attend biweekly construction progress meetings (12 virtual meetings and 4 on -site) during the duration of construction. The ENGINEER will prepare meeting notes with action items and distribute these to the project team. • The ENGINEER will perform one site visit during construction to observe the median barrier repair work in progress and will review any contractor submittals associated with the structural work. • The ENGINEER will meet with concerned citizens as needed. • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER will coordinate with the TPW department as necessary. • The ENGINEER will meet with the Project Delivery Team and Contractor on -site to review field changes. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. ENGINEER will field verify all items on the punch list have been addressed. City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 9 of 17 5.2. Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o Red -Line Markups from the Contractor o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions o Requests for Information that result in changed work and/or quantities The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as -constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of signed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the mylars. Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file, DWF format, and DWG files. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. A DWG for each design sheet shall be uploaded with all references bound in the DWG file. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 10 of 17 II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf PDF, DWF, and DWG files shall be uploaded to the project's Record Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • Four (4) site visits and 12 virtual meetings are assumed. • Two (2) submittal reviews are assumed. • Four (4) RFI's are assumed. • Two (2) Change Orders are assumed. • One copy of full size (22"x34") mylars will be delivered to the CITY. DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of shop drawings D. Final Punch List items E. Record Drawings — 11" x 17" PDF, single DWF file, and AutoCAD DWG files TACT! 6. ROWI€ASEMENT SERVICES. (NOT ANTICIPATED FOR THIS PROJECT) ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 6.1. Right -of -Way Research • The ENGINEER shall determine rights -of -way and easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 6.2. Right-of-Way/Easement Preparation and Submittal. City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 11 of 17 • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 6.3. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • (INSERT ASSUMPTIONS ASSOCIATED WITH THE TASK ACTIVITIES AND DELIVERABLES HERE ... (e.g. number of easements, number of parcels, number of copies, etc.] Right -of -Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. B. Temporary Right of Entry Letters ENGINEER will provide survey support as follows. 7.1. Design Survey ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include, but not be limited to, the following: City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 12 of 17 — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 7.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall prepare, mail and obtain Temporary Right of Entry from landowners. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 7.Q. ✓.abourfQvn Utility Engineering Prev1do gubc/jrfa Ge Utility Engineering (SUE) to Quality Level A as desnriberd below. Tho SUE shall be performed OR aGGE)rdaRGe with GI/ASCE 38 02. •1 Gt apprepriato in�tigatie RS-(e.cam, ewner reGerrds, Gaunt i GITV reF.erds, persnpal interviews ual inopeG+,ens e+G.\ to help identify Utility owners that may have fa Gilities Within the proie--� limito or that mcy he affeoterd by the preien+ • Gellent appliGable regnrrds (e i ewne-r o mo o oreGerd .g., utility p , "ao built" drawings permit rererrds field notes geegraph,G information system rdaa , , , t, oral histeriec, ld etn) GR the existellGe Geapprexima+e IGGatlep of existing inynhierJ Utilities. • Review renerrds for: eyirdenGe or inrdiGatien of ardrditienal available rennrrds• , lduplinate or GGnfliGting information• Reed for GlarifiGation , •Deter VJc �%� 3 .vets aR d transfer information on all inVel„e,d „+ili+ies +e apprepFiate F' design plan sheets eleo+roniG files and/er other rdGG,,ments as information depTeted,ind+Eate: utility type and and ownership; date of , quality Ievel(s); eR d nnints of aRy utility detoj linesstatus (e.g., aGti�i4eaha rted out ef seFVtee); line size aR d ennrd on;, numbgr of jointly buried Gables•, and en Gasement r_tr=" Mr.EMNS - \ City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 13 of 17 • Identify su urfa^e features, data project tepegraphi^ ata aR d from field ebservatEans, that are E;uf#aea cppart9RaRGes of outsarfcae utilities. � • IRGILJde survey and GOFFelatmOR of aerial E)p gFound mounted utility facilities Quality Level C' wckc. • Survey y su urfa^e feat ores of subsur'Fa^e utility fadlities or systems, u uif s^h features have not already been su it ve yevd by a pFefessjansl 3Nrv-e yer If prevneu sly su upveyerdu u ucheck spvev data for accu uracy avid corrupleteness • The survey shall also in^lu urde /jn addition to oubourface utility features visible at the ground su irfa^e\• determination of irnve rt elevatjnns of any manholes and kl&N1t9, Oket^hes shGWiRg interjer dimensions and line ^enne^tiens of su-, manholes and ,aulto, any surface markings rdennfinryJ oubourfa^e Utilities, u u frnished by utility owners for des inn , urnnses • C)(or^ice prefessjonal judgment tg correlate data from different SGUr^es and W resolve conflicting jnformation • Update (er prenaro) plan oheetsu ele^trenic files, u uand/er other dncments to infe rr eff!c^camthe integration of Quality Level D and Quality Level G rma inn • ReGemmend felle,.,_„n jn,vestigatiGRS (e.g., ad onal ourv�eonoultation with utility ewRers eto.) co may be needed to fu urther resolve discrepancies u • Drevide Quality Level r to identify env d Utilities en the preje^t and provide �e� cry-cv--rven �a-uamTa�c�-vrrcrrc�rvJc the overhead utility information on the JJE plan sheets. hams. Level B (in^lu odes tasks as described for Q ualjfiv Level G) • Se'eGt-a to i surfaa Ge geephysiGal-rm ethed/ te eaFGh for and utilities deteot subsurface within the proje^+ limits and/er to tra^o a plrtiGGiQr utility line or system • Rimed on cn internretatinn of dctc� mcrk the 'indications of utilities on the grnUnd surfaa Ge for sub.7sequ t sut su up�I�Itilize tor other method acceptable fer subsequent mr r-vcrTcrrrrc crrvc>-c`cc" M cavrc-rvr marking of lines • Unless ethepwnse directedmcrk centerline of single _cendu pit lines and eutside edges of mu ulti_^nnrdu uit systems • Resolve duffereRGes betweeR deSigRated utilities and utility FeGerds and surveyed appu urtenan^es • De^ommenrd ardditienal measures to resolve differences if they still evict De^nmmenrdationo mcy in^lu ude additinpal or different surface geophysical methedsu �vexpleratery excaatienu u uer pgrade to Quality Level A data ^ ernati�ve to the phvsi^al marking of lines the ENGINEER •—��. �n at l. �I��" . make CITY'3 cpprav&l, aAlize etheF meaRs of data GGI!ee • ,d ie„al an Fed'dtrtfon, thct enables the correlation of surface geophysical data to the project's survey vey cnntrel Level • Expose and In^ate utilities at spedfi^ In^atlons • Te-h9Fm=antcl and eve Ftical le^atjen of utility to su is vex control • Provide utility size and cnpfigu uratjon •Previde--paving -thi^kness nape where applicable • Provide general sow! type and site GGIFIlditiGIFIls and SLIGh other per-tuneRt as is reasonably ass h e from test hole site 't1�c�nct,. ��rr-ea City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 14 of 17 ASSUMPTIONS • SUE services are not needed. Up to m4n9ber /vo Level A test holes are iRGl rrderd per into rsention. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a Registered Professional Land Surveyor (RPLS) registered in the State of Texas. B. Drawing of the project layout with dimensions and coordinate list. C. WE plan `Drawings sealed by a Professional Engineer registered in the State of Toms. TASK 8RE PERMITTING. r_` IEER Will preyirde permit+inn support for the CITY to , anrd all agreements ��.. � ^� + ^ ^ ,�a��t�cin cn� aver-pormito normallyrequired ferwr a prooject of this�s size type as fellews 8.1. Texas Department of Tronoportatien (TxDQT) Permit (if on_sys+en•,) (NOT INCLUDED) _ Meet, negotiate and roer,dina+e to obtain approval of the anon^" issr ring the agreement and/er permits Completing all ferms/applirations necessary. ✓ibmitting forms/appligatiens for CITY and TvnnT review. ✓ibmitting revised forms for anon^" review. • p- rd Responding to agen^" poMeats anrear rests 8.Z. 9.5. Qailreard Permit bnrer,irde a detailerd scene if railroad permit(s) are required] (NOT INCLUDED) • Meet, rd negetiate an^eorrdinate to obtain approval of the anon^" issr ring the agreement and/or permits • Cempleting all ferms/appli^atiens necessary. • ✓ibmitting forms/applicatiens for CITY reyie,e, 4,-�-bmitt;.ng revised forms for agenn., review • Responding to agen^" GOMments and rear rests 9.6. Texas Department t of sing aR d Regulation nation (TDLR) e�(�ve�u�-n-rTel�rvr Ce+lv„�9-ar'ca-'z�P 7 • Identify aCry}d aanaalyzee the r quir meRtS of�eTexas -ArGhitectvrC1 RCrriBrs-AEt, Chapter 68 Texas Ardor re Conde anrd become familiar with the , riniotratn�a,,���o geveramental authorities having it irisrdigtien to approve the design of the Qreiegt City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 15 of 17 ✓ibmit GonstrUntion dOG imams to a TDLR Iinensed Registered Annessihility SpeGialict (RAC) for review. This onl" applies iftheprejcnGpe�e �c�#F all eIT le eRtts (side �ourb rcmpo, cnd pux\h bNtt. , T Completing all Trll R forms/applinations necessaryy. T"ro EWz'INEER ohsll request-a-fincl inopectien#om s TDLR licensed RAC ne Woc then ? otcnticl sempletion. Fincl ins vnc nhQll he pond inter! on all projentS with pedestrian elements, regardless of the post of the itomo. Thq ENGINEER ohsll obtsin the i nspention report from the RAC an� oNbmit to the CITY. RespE)RdiRg to agenn" nomments and requests-. ASSUMPTIONS • No Permits are required •Pormit prepaFatien will�g;n afteF appFeval ef the ono% design • TDLR registration, review, and inspection not required since no pedestrian infrastructure is proposed as part of this project. • ENGINEER %v4-pad, TnLR p�-„ient registration, plcn review, a;d-fincl inopeotiGR n • CITY will pay all costs associated with TxDOT and/or Railroad permits. • NupgbeF (1() meetings ary Qoc�,imed with insert entity name for the insert permit name permit DELIVERABLES A. None ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Bid phase services. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 16 of 17 • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 17 of 17 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for <W Th Bridge Illumination Design Services> City Project No. 105022 No changes and amendments are proposed to this agreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 ATTACHMENT I'D" W 7th Bridge Illumination Design Services - Preliminary Schedule Task Name Start Date End Date Duration Start Date in Number Form 4/1/2024 Use this number for the Minimum Bound of the Horizontal Axis to set the beainnina of the chart. (Days) 1. Design (Project) Management 4/1/2024 8/29/2025 4/1/24 7/10/24 10/18/24 1/26/25 5/6/25 8/14/25 11/22/25 2. Existing Lighting System and Functional Requirements of the New Lighting System 4/8/2024 7/12/2024 95 1. Design (Protect) Management Ell- 3. PRELIMINARY DESIGN (60 PERCENT) 6/17/2024 10/11/2024 116 2. Existing Lighting System and Functional Requirements of the New Lighting system 4. FINAL DESIGN (90 PERCENT) AND FINAL 3. PRELIMINARY DESIGN (60 PERCENT) CONSTRUCTION DOCUMENTS (100 PERCENT) 10/25/2024 12/13/2024 49 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT) 5. Construction Phase Services 3/10/2025 9/26/2025 200 5. Construction Phase Services 975 e 116 --1 !=W.- Corj r3L - eH ( - - /• jj'Frs a Y" w er k7ast. S f r li.. Y 3 aqh Tan ° ,\ Replace Median sa _ West Ph St Bridge 2 _ lighting fixtures W 7th St : [n St errs >i - Replace arch •, lighting Replace _ under -bride ro system, 9 4 American Asscciatio fi•. ,� o '• replace lighting N Professional Land rt Warm /J) v _ Pq"Irc / pathway il.uh ers ! hghtmg along Vlsrn rial the bridge ORW— Fort WofiWater - ' i _� Department -�" i- POLICY NUMBER: IIUEGPY8814 COMMERCIAL AUTOMOBILE HA99160312 ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN CONTRACT This is a summary of the coverage provided under the following form (complete form available): COMMERCIAL AUTOMOBILE COVERAGE FORM HA 99 16 03 12 Additional Insured if Required by Contract Paragraph A. 1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who is and Insured with regard to the ownership, maintenance or use of a covered "auto." Primary and Non -Contributory Only with respect to insurance provided to an additional insured in 1.D. — Additional Insured If Required by contract, the following provisions apply: 1) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance Clause. 2) Primary and Non -Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other that this insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and selfinsu red amounts under all that other insurance. We will share the remaining loss, if any, by method described in Other Insurance 5.d. Waiver of Subrogation We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payment we make for damages under the Coverage Form. Rev 7.15 Page 1 of 1 POLICY NUMBER: 20SBWPG6112 BUSINESS LIABILITY COVERAGE SS 00 08 04 05 ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAG ORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: When You Add Others As An Additional Insured To This Insurance: That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Rev 5.14 Page 1 of 2 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Waiver of Subrogation If you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lee Engineering, LLC Dallas, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth 1 of 1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2024-1115952 Date Filed: 01/24/2024 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 105022 W7TH BRIDGE ILLUMINATION DESIGN SERVICES 4 Name of Interested Party Short, Joseph Shah, Dharmesh Barricklow, Paul Bruggeman, Dave 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Dharmesh Shah My address is 3030 LBJ Freeway, Suite 1660 (street) City, State, Country (place of business) Dallas, TX United States Dallas, TX United States Albuquerque, NM United States Phoenix, AZ United States Nature of interest (check applicable) Controlling Intermediary X X X X , and my date of birth is 12/20/1968 Dallas TX 75234 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of Texas on the 24th day of January 20 24 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.9000c47 4/19/24. 3:42 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 4/9/2024 REFERENCE NO CODE: G TYPE Official site of the City of Fort Worth, Texas FoRTWORni **M&C 24- LOG NAME: 20WEST 7TH DESIGN 0284 CONTRACT CONSENT PUBLIC NO NO SUBJECT: (CD 9) Authorize Execution of a Professional Services Agreement with Lee Engineering, LLC. in the Amount Not to Exceed $309,828.83 for the West 7th Bridge Illumination Project RECOMMENDATION: It is recommended that the City Council authorize execution of a Professional Services Agreement with Lee Engineering, LLC. in the amount not to exceed $309,828.83 for the West 7th Street Bridge Illumination project (City Project No. 105022). DISCUSSION: Over the years, the West 7th Street Bridge has become a prominent symbol of Fort Worth's charm and heritage. However, the existing illumination system is now well beyond its regular maintenance cycle, necessitating a comprehensive upgrade to ensure both the reliability of the decorative elements and the safety lighting components. After selecting Lee Engineering, LLC from the Transportation and Public Works (TPW) Professional Engineering Design list, TPW recommends awarding the firm a design contract for the West 7th Street Bridge illumination upgrades. The current illumination system poses maintenance challenges, consuming significant staff time to ensure its functionality. The proposed upgrade aims to address this issue by implementing a state-of- the-art lighting solution that enhances the bridge's visual appeal and minimizes ongoing maintenance requirements. Programming and controlling the changeable colors will remain as part of the bridge function. Lee Engineering, LLC will work closely with City maintenance staff to design, specify, and plan the illumination upgrades over the next year. The anticipated benefits of this upgrade include improved reliability, reduced maintenance costs, and enhanced safety features for pedestrians and motorists. Additionally, the aesthetically pleasing illumination will contribute to the overall ambiance of the bridge, making it a standout feature in our cityscape. The bridge lighting upgrade is expected to cost $2,200,000.00 in addition to this design contract cost of $309,828.83 for an estimated total project cost of $2,509,828.83. Funding is budgeted in the General Capital Projects Fund for the TPW Dept Highway & Streets Department for the purpose of funding the W 7th Street Bridge Illumination project as appropriated. With Council approval, this project design and product selection is expected to start in April 2024 and be completed by the Winter of 2024. Construction is to be completed in 2025 with future Council authorization. BUSINESS EQUITY: Lee Engineering LLC is in compliance with the City's Business Equity Ordinance by committing to 11\% MWBE participation on this project. The City's MWBE goal on this project is 8\%. The West 7th Bridge is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31991 &counci ddate=4/9/2024 1 /2 4/19/24, 3:42 PM M&C Review The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the W 7th Street Bridge Illuminati project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID I Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Jesica McEachern (5804) Originating Department Head: Lauren Prieur (6035) Additional Information Contact: Martin Phillips (7861) Clint Hoover (6573) ATTACHMENTS 105022 Sianed Compliance Memo- 1.12.24 AI.pdf (CFW Internal) Citv of FTW - 1295 Certificate.pdf (CFW Internal) FID Table - West 7th Bridae Illumination Proiect (4).xlsx (CFW Internal) GL0019-07 - Proiect Budaet Summary (105022).xlsx (CFW Internal) Map.pdf (Public) apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31991 &counci (date=4/9/2024 2/2 FORTWORTH, Routing and Transmittal Slip Transportation & Public Works DOCUMENT TITLE: 105022 - W. 7th Illumination Design Contract M&C: 24-0284 CPN: 105022 CSO: Date: DOC#: To: Name Department Initials I Date Out I. Clint Hoover TPW - Signature 2. Anna Benavides TPW — Initial Ae 3. I Rajnish Gupta TPW - Signature 4. I Martin Phillips TPW — InitialP 5. Lauren Prieur TPW - Signature &?— 6. I Doug Black Legal — Signature 7. Jesica McEachern CMO - Signature o 8. I Ronald Gonzales CSO - Signature 9. Jannette Goodall CSO - Signature 10. Allison Tidwell CSO -Initial 11. I Packyen Wilson TPW I 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: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts(a�FortWorthTexas.2ov at ext. 7233 for pick up when completed. Thank you!