HomeMy WebLinkAboutContract 61840CSC No. 61840
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 Kimley-Horn and Associates, Inc. authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Quail Road HROM — Project No.
103053.
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 $700,000 as set forth
in Attachment B. Payment shall be considered full compensation for all labor (including all
benefits, overhead and markups), materials, supplies, and equipment necessary to
complete the Services.
Engineer shall provide monthly invoices to City. The Engineer shall provide the City
sufficient documentation, including but not limited to meeting the requirements set forth in
Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services for which payment is made, including any act or omission of
City in connection with such Services.
Article III
Term
Time is of the essence. Unless otherwise terminated pursuant to Article VI. D.
herein, this Agreement shall be for a term beginning upon the effective date, as described
below, and shall continue until the expiration of the funds or completion of the subject
matter contemplated herein pursuant to the schedule, whichever occurs first. Unless
specifically otherwise amended, the original term shall not exceed five years from the
original effective date.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 03-08-2024
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Quail Road HROM
CPN 103053
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.
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Standard Agreement for Engineering Related Design Services CPN 103053
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(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
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
City of Fort Worth, Texas Quail Road HROM
Standard Agreement for Engineering Related Design Services CPN 103053
Revised Date: 03-08-2024
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deviation from the contract documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the contract documents.
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.
City of Fort Worth, Texas Quail Road HROM
Standard Agreement for Engineering Related Design Services CPN 103053
Revised Date: 03-08-2024
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Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
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
City of Fort Worth, Texas Quail Road HROM
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subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
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 respondeat 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,
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at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
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.
City of Fort Worth, Texas Quail Road HROM
Standard Agreement for Engineering Related Design Services CPN 103053
Revised Date: 03-08-2024
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E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
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.
City of Fort Worth, Texas Quail Road HROM
Standard Agreement for Engineering Related Design Services CPN 103053
Revised Date: 03-08-2024
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(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
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Standard Agreement for Engineering Related Design Services CPN 103053
Revised Date: 03-08-2024
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C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
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,
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Standard Agreement for Engineering Related Design Services CPN 103053
Revised Date: 03-08-2024
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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, orfailure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
City of Fort Worth, Texas Quail Road HROM
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claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY's or ENGINEER's respective right to
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 Quail Road HROM
Standard Agreement for Engineering Related Design Services CPN 103053
Revised Date: 03-08-2024
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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 Quail Road HROM
Standard Agreement for Engineering Related Design Services CPN 103053
Revised Date: 03-08-2024
Page 13 of 14
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: Aug 8, 2024
ATTEST:
h
Jannette Goodall
City Secretary
BY:
ENGINEER
Kimley-Horn and Associates, Inc.
Scott Arnold, P. E
Vice President
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APPROVED AS TO FORM AND LEGALITY
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By: Douglas Black (Aug 6, 202409:59 CDT) M&C No.: 24-0489
Douglas W Black
Sr. Assistant City Attorney
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 03-08-2024
Page 14 of 14
M&C Date: 6/11/24
Form 1295 No.: 2024-1135050
Quail Road HROM
CPN 103053
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT "A"
Scope for Enaineerina Desian Related Services for Storm Water Improvements Proiects
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. Under this scope, "ENGINEER"
is expanded to include any sub -consultant, including surveyor, employed or contracted by
the ENGINEER.
OBJECTIVE
The purpose of this project is to reconstruct the existing culvert crossing at Quail Road and
Lake Arlington near the intersection of Quail Road and Elizabeth Road. The existing culvert
crossing consists of three (4)-24-inch CMP pipes. The project involves replacing the existing
culverts with four (4) 8'x4' Reinforced Concrete Box culverts, riprap armoring around
crossing, maintenance ramp, adding compensatory storage, roadway widening and
sidewalks. The ENGINEER will prepare construction plans, perform Bidding and
Construction Phase Services as part of the project. Public meetings will occur through the
design and construction phase.
WORK TO BE PERFORMED
Task 1.
Design Management
Task 2.
Conceptual Design
Task 3.
Preliminary Design
Task 4.
Final Design
Task 5.
Bid Phase Services
Task 6.
Construction Phase Services
Task 7.
ROW/Easement Services
Task 8.
Survey Services
Task 9.
Permitting
Task 10. Plan Submittal Checklists
Task 11. Structural Observation
TASK 1. DESIGN 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
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 1 of 22
1.2. Communications and Reporting
• 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.
• Conduct and document biweekly 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.
• 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.
• 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.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub -consultants shall carry readily visible
information identifying the name of the company and the company representative.
ASSUMPTIONS
• This scope assumes the design of this project will be completed within nine (9)
months and construction will be complete within one (1) year after the project is
awarded.
• This scope assumes up to nine (9) monthly updates (written), up to twelve (12)
meetings with the CITY's project manager and up to ten (10) meetings with other
CITY departments.
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly status reports (PSR)
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 2 of 20
D. Baseline design schedule
E. Monthly risk register
F. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
G. Monthly M/WBE Report Form and Final Summary Payment Report Form
H. Plan Submittal Checklists (See Task 10)
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design scope for this project is limited because the project development
phase/conceptual design phase was performed by another consultant. The ENGINEER will
perform the following tasks to complete this Task.
2.1. Review the Hand -Off Package
• The ENGINEER will review the "hand-off package" from the prior consultant
which includes survey, SUE, coordination notes, project management
summaries, hydraulic models, schematics, utility coordination items, etc.
• The ENGINEER will convert the provided CADD drawings to the ENGINEER's
format.
• The ENGINEER will prepare an updated schedule and scope of work for the
design phases of the project.
• The ENIGNEER will update the risk register as part of this phase.
• Engineer will perform up to one (1) site visit.
2.2 Public Meeting
The ENGINEER shall attend one (1) public meeting for this phase of the project. The
ENGINEER will use the schematic prepared as part of the project development
phase and by another consultant. The ENGINEER will not prepare a new project
exhibit. The ENGINEER will review the powerpoint presentation provided to the
ENGINEER and provide comments. The ENGINEER will prepare for and attend one
(1) public meeting.
ASSUMPTIONS
• Limited services will be performed under this Task because another consultant
has prepared the conceptual/project development phase for the project.
• No formal submittal/deliverable will be provided for this Task.
DELIVERABLES
A. Preparation and Attendance of a Public Meeting.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 3 of 20
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans shall be submitted to CITY per the approved Project Schedule. The
ENGINEER will proceed with 60 Percent design once Task 2 is complete.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. Development of Preliminary Design Drawings shall include the following:
• Cover Sheet
• Index Sheet and General Notes
• Drainage area maps showing proposed improvements with drainage calculations
and hydraulic computations in accordance with the the current iSWM Criteria
Manual for Site Development and Construction.
• Flood Study, if updated from the Concept Phase.
• 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 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).
• Overall project easement layout sheet(s) showing existing easements and/or
right of way.
• SUE plan drawings, including Level A (see scope in Task 2). Potholes may occur
in this phase once the proposed improvements are agreed upon. Information
obtained from the previous phase of the project (by another consultant) will be
relied upon as part of this Task. The ENGINEER has provided an Allowance as
part of this project to be used on an "as -needed basis'.
• Plan and profile drawings of proposed storm water improvements, consists of
existing lot layout with property ownership, streets, curb lines, driveways,
medians (if applicable), sidewalks, existing and proposed water and sanitary
sewer mains, existing utilities gathered during the SUE and existing utility
easements within the project limits.
• No less than two bench marks per plan/profile sheet.
• The ENGINEER will prepare standard and special detail sheets that are not
already included in the City's standard details. These may consists of connection
details between various parts of the project, tunneling details, boring and jacking
details, waterline relocations, details unique to the construction of the project,
trenchless details, and special service lateral reconnections.
• Overall project water and/or sanitary sewer layout sheets as needed. There is no
proposed water and sanitary sewer improvements, however, an overall plan
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 4 of 20
showing the existing water and sanitary sewer lines will be developed to assist in
the operation of the lines during construction and assist with the Water
Department approval.
• Sanitary Sewer Emergency Response Plan -preparation of a plan, in accordance
with the Water Department's criteria, to isolate and manage the system during
construction and during a potential emergency.
The ENGINEER shall make provisions for reconnecting all identifiable water and/or
wastewater service lines which connect directly to any main being replaced,
including replacement of existing service lines within City right-of-way or utility
easement. When the existing alignment of a water and sanitary sewer main or
lateral is changed, provisions will be made in the final plans and/or specifications
by the ENGINEER to relocate all service lines which are connected to the existing
main and connect said service lines to the relocated main.
The following shall be applicable at all locations where it is necessary to relocate or
reroute the existing private sanitary sewer service line due to the abandonment or
realignment of the existing public sanitary sewer lateral or main: The CITY shall
furnish the ENGINEER with a sample format of how the sewer service line
reroute/relocation should be designed and submitted for construction. During
design survey, if a rod can be inserted through the cleanout to the bottom of the
service line, the ENGINEER will obtain the flow line elevation and design the
service line prior to advertising the project for bid. If the service flow line
information cannot be obtained during design survey, the ENGINEER shall delay
the design of the sewer service line until after a Quality Level A Subsurface Utility
Engineering (SUE investigation has been performed). The Level A SUE will be
performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY
prior to bidding if the CITY determines that it is needed for satisfactory completion
of the design; or (3) by the Contractor after the project has been bid, by means of a
bid item to that effect. In all options, the ENGINEER shall propose appropriate de -
hole locations in the project and collect flow line elevation and other applicable
information of the sewer service line. The ENGINEER shall use this information to
provide the design for the sanitary sewer service line to be rerouted or relocated.
• Prepare separate drawings for water and/or sanitary sewer mains including a
overall water and/or sanitary sewer layout sheet and plan and profile drawings.
Overall project water and/or sanitary sewer layout sheets. The water layout sheet
shall identify the proposed water main improvement/ existing water mains in the
vicinity and all water appurtenances along with pressure plane boundaries, water
tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall
identify the proposed sewer main improvement/existing sewer mains and all
sewer appurtenances in the vicinity.
Plan and profile sheets which show the following: proposed water and/or sanitary
sewer plan/profile and recommended pipe size, fire hydrants, water service lines
and meter boxes, gate valves, isolation valves, manholes, existing meter
numbers and sizes that are to be replaced, existing sample locations, existing fire
line locations, existing utilities and utility easements, and all pertinent information
needed to construct the project. Legal description (Lot Nos., Block Nos., and
Addition Names) along with property ownership shall be provided on the plan
view.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 5 of 20
The ENGINEER shall make provisions for reconnecting all identifiable water and/or
wastewater service lines which connect directly to any main being replaced,
including replacement of existing service lines within City right-of-way or utility
easement. When the existing alignment of a water and sanitary sewer main or
lateral is changed, provisions will be made in the final plans and/or specifications
by the ENGINEER to relocate all service lines which are connected to the existing
main and connect said service lines to the relocated main.
The following shall be applicable at all locations where it is necessary to relocate or
reroute the existing private sanitary sewer service line due to the abandonment or
realignment of the existing public sanitary sewer lateral or main: The CITY shall
furnish the ENGINEER with a sample format of how the sewer service line
reroute/relocation should be designed and submitted for construction. During
design survey, if a rod can be inserted through the cleanout to the bottom of the
service line, the ENGINEER will obtain the flow line elevation and design the
service line prior to advertising the project for bid. If the service flow line
information cannot be obtained during design survey, the ENGINEER shall delay
the design of the sewer service line until after a Quality Level A Subsurface Utility
Engineering (SUE investigation has been performed). The Level A SUE will be
performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY
prior to bidding if the CITY determines that it is needed for satisfactory completion
of the design; or (3) by the Contractor after the project has been bid, by means of a
bid item to that effect. In all options, the ENGINEER shall propose appropriate de -
hole locations in the project and collect flow line elevation and other applicable
information of the sewer service line. The ENGINEER shall use this information to
provide the design for the sanitary sewer service line to be rerouted or relocated.
• Station equations relating utilities to paving, when appropriate.
Proposed roadway profile grades and elevations along each curb line; elevations
at all P.V.I.'s; P.I's half stations; high and low points; vertical curve information; and
pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing
ground at the left and right of right-of-way lines shall be shown. Existing found
property corners (e.g. Iron pins) along the existing right-of-way shall be shown on
the plans. Profiles for existing and proposed storm drain mains and laterals shall
be provided.
• Proposed driveway profile and grading sheets. The ENGINEER will provide
designs for the proposed driveway to the reconstruction roadway.
• Pavement Section and Typical Section -ENGINEER will recommend a pavement
section and typical section based upon the Project Development Phase,
recommendations from the Geotech and TPW.
• Channel plan and profile drawings will consist of existing channel centerline,
existing left and right top of channel bank, proposed top of channel backs, and 100
year water surface profile.
• Maintenance Ramp plan and profile drawings will consists of ramp centerline,
existing/proposed left and right top of channel bank/ramp, and 100 year water
surface profile.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 6 of 20
Preliminary roadway and/or channel cross -sections will be developed, from the
survey notes, at intervals not -to -exceed 50 foot along the project length and will
extend 10 foot past the right of way line on both sides of the street. Additional
cross -sections at important features consisting of driveways, P.I.'s of intersecting
streets, (minimum distance of 100 foot along cross -street at each P.I.) walks,
retaining walls, etc., will also be provided. Profiles of centerline of driveways will
also be provided where necessary. Scale will be 1" = 20' horizontal and 1" = 2'
vertical. Excavation and embankment volumes and end area computations shall
also be provided.
• Grading Plans -provide grading plans for the intersection of Quail Road and
Elizabeth Road. Provide grading plans for the roadway embankment and
mitigation storage areas.
• Tree Plan -provide a tree removal and protection plan
• Erosion Control Plan -provide an erosion control plan.
• Dewatering Specifications/Details-ENGINEER will provide general notes regarding
dewatering activities.
3.2. Geotechnical Investigation/Pavement Design
Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions will be
made. In addition to the above investigations, borings and appropriate field and
laboratory analysis will be made at reasonable intervals along the project
alignment for the Contractor's use in determining soil conditions for preparing
bids and a Trench Safety Plan.
• The ENGINEER shall prepare a detailed geotechnical engineering study to be
used for the structural design of the culvert headwall.
3.3 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 the
CITY's comments from the field visit and submit this information to the CITY in
writing.
3.4 Public Meeting
After the preliminary plans have been reviewed and approved by the CITY, the
ENGINEER shall prepare project exhibits, and attend public meeting to help
explain the proposed project to residents. The CITY shall select a suitable
location and mail the invitation letters to the affected customers. The ENGINEER
shall coordinate with CITY GIS staff to identify affected property owners/residents
and develop a spreadsheet listing addresses of those to invite to the public
meeting.
3.5 Utility Clearance
• The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 7 of 20
private utilities, and government agencies to determine the approximate location
of above and underground utilities, and other facilities (current and future) that
have an impact or influence on the project. ENGINEER will design CITY facilities
to avoid or minimize conflicts with existing utilities, and where known and
possible consider potential future utilities in designs.
• The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in E-BUILDER for
forwarding to all utility companies which have facilities within the limits of the
project. The DWF files should be created directly from the CAD files as opposed
to PDF files.
3.7 Traffic Control Plan
• Develop a traffic control plan (detour plan only) utilizing standard traffic reroute
configurations posted as "Typicals" on the CITY's E-BUILDER website. The
typicals need not be sealed individually, if included in the sealed contract
documents. This includes developing a detour plan sheets.
• Develop supplemental traffic control drawings as needed for review and approval
by the Transportation Management Division of the Transportation and Public
Works Department. These drawings shall be sealed by a professional engineer
registered in the State of Texas.
• Develop a construction sequence plan.
3.8 Illumination Relocation Plan -ENGINEER will provide plans for the relocation of street
light/illumination poles and service. ENGINEER will coordinate with the CITY's street
light department.
3.9 Flood Study
• The ENGINEER will update the Flood Study and associated hydraulic models
with the proposed grading improvements for the maintenance ramp,
embankment and mitigation areas.
ASSUMPTIONS
• Perform up to two (2) site visits.
• ENGINEER will assist the CITY with one public meeting. The ENGINEER will
provide full size aerial graphics showing the project scope and location. If desired
by the CITY, a detour map will be provided at the public meeting.
• It is assumed that Quail Road will be closed during construction, therefore, a
detailed traffic control plan for the culvert construction is not included in the
Scope. A detour map will be included in the plans.
• All storm water calculations and design shall conform to the current CITY iSWM
Criteria Manual for Site Development and Construction. The prior Project
Development Phase has established the criteria for the project.
• During the Project Development Phase, it was noted the sanitary sewer line will
remain and the water line may or may not need to be relocated or lowered. This
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 8 of 20
scope consists of preparing design plans for the water line. It does not include
preparing plans for the sanitary sewer plans.
• Up to two (2) borings at an average bore depth of twenty (40) feet each will be
provided. The geotechnical study will consists of recommendations for
embankment/fill and compaction, as well as considerations for draw down
effects.
• Two (2) copies of the geotechnical report will be delivered to the CITY and/or a
pdf version of the report.
• Up to three (3) full size 22"x34" plans will be delivered for Utility Clearance, as
well as pdf copies. Hard copies will be provided in the final set.
• Up to six (6) full size 22" x34" plans will be delivered for Constructability Review,
as well as pdf copies. Hard copies will be provided in the final set.
• Up to six (6) half size 11 "x17" plans will be delivered for Preliminary Design, as
well as pdf copies. Hard copies will be provided in the final set.
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in E-BUILDER.
• All submitted documents and checklists will also be uploaded to the designated
project folder in E-BUILDER.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
DELIVERABLES
A. Preliminary Design drawings
B. Utility Clearance drawings
C. Geotechnical Report
D. Documentation of key design decisions (Project Decision Log)
E. Risk Register
F. Estimates of probable construction cost (OPCC)
G. Public Meeting exhibits
H. Traffic Control Plans, if needed
I. Flood Study and associated model
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 and specifications including Construction Plan shall be
submitted to CITY per the approved Project Schedule.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 9 of 20
• The ENGINEER will update the quantity summary sheet.
• The ENGINEER shall submit a final design estimate of probable construction cost with
the final design plans submitted. This estimate shall use ONLY standard CITY bid items.
• 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 the ENGINEER registered in State of
Texas.
• Complete final Flood Study and associated models
Public Meeting
After the plans have been reviewed and approved by the CITY, the ENGINEER shall
prepare project exhibits, and attend public meeting to help explain the proposed project
to residents. The CITY shall select a suitable location and mail the invitation letters to the
affected customers. The ENGINEER shall coordinate with CITY GIS staff to identify
affected property owners/residents and develop a spreadsheet listing addresses of those
to invite to the public meeting.
ASSUMPTIONS
• All storm water calculations and design shall conform to the current CITY iSWM Criteria
Manual for Site Development and Construction.
• Up to six (6) half size 11"x17" and up to six (6) full size 22"x36" drawings and up to six
(6) specifications will be delivered for the 90% design. A pdf version of the plans will be
provided. Hard copies will be provided in the final set.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in E-BUILDER. Hard copies will be provided in the final
set.
• Up to ten (10) full size 22"x34" drawings and ten (10) specifications will be delivered for
the 100% design. A pdf version of the specifications will be provided. Hard copies will be
provided in the final set.
• A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in E-BUILDER.
DELIVERABLES
A. 90% construction plans specifications.
B. 100% construction plans and specifications.
C. Flood Study and associated models
D. Documentation of key design decisions (Project Decision Log).
E. Final Risk Register
F. Detailed estimates of probable construction cost for the authorized construction project,
including summaries of bid items and quantities using the CITY's standard bid items and
format.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 10 of 20
G. Original cover mylar for the signatures of authorized CITY officials.
TASK 5. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as through Bonfire.
5.1. Bid Support
• The ENGINEER shall upload all plans and contract documents Bonfire for
access to potential bidders.
• Contract documents shall be uploaded in a .xIs file.
Unit Price Proposal documents are to be created utilizing CFW Bidtools only
and combined in a specified spreadsheet workbook, Bid Proposal Worksheet
Template, and will be populated and configured so that all pages are
complete and the Summary Worksheet(s) in the workbook detail and
automatically summarize the totals from the inserted Unit Price Proposal
document worksheets.
• Plan Sets are to be uploaded to E-BUILDER in two formats, .pdf and .dwf
files. The .pdf will consist of one file of the entire plan set. The .dwf will
consist of individual files, one for each plan sheet, and will be numbered and
named in a manner similar to that of the plan set index.
• The ENGINEER shall sell contract documents and maintain a plan holders list on
E-BUILDER from documents sold and from Contractor's uploaded Plan Holder
Registrations in E-BUILDER.
The ENGINEER will develop and implement procedures for receiving and
answering bidders' questions and requests for additional information. The
procedures shall include a log of all significant bidders questions and requests
and the response thereto. The log shall be housed and maintained in the
project's E-BUILDER folder titled Request for Information. The ENGINEER will
provide technical interpretation of the contract bid documents and will prepare
proposed responses to all bidders questions and requests, in the form of
addenda. The ENGINEER shall upload all approved addenda onto E-BUILDER
and mail addenda to all plan holders.
• Attend the prebid conference in support of the CITY.
• Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
• When substitution prior to award of contracts is allowed in the contract
documents, the ENGINEER will advise the CITY as to the acceptability of
alternate materials and equipment proposed by bidders.
• Attend the bid opening in support of the CITY.
• Tabulate and review all bids received for the construction project, assist the CITY
in evaluating bids, and recommend award of the contract. A copy of the Bid
Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only
are to be uploaded into the project's Bid Results folder on E-BUILDER.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 11 of 20
• Assist the CITY with assembling and awarding contracts for construction,
materials, equipment, and services.
• Incorporate all addenda into the contract documents and issue conformed sets.
5.2 Final Design Drawings
• Final Design Drawings shall be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher) file and DWF format. There shall be one (1) PDF file
and one (1) DWF file (created from CAD application of drawing) for the TPW
plan set and a separate PDF and DWF file for the Water plan set. Each PDF and
DWF file shall be created from the original CAD drawing files and shall contain all
associated sheets of the particular plan set. Sinaular PDF and DWF files for
each sheet of a plan set will not be accepted. PDF and DWF files shall
conform to naming conventions as follows:
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
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
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in E-BUILDER.
• In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet
as an individual DWG file with all reference files integrated into the sheet. If the plans
were prepared in DGN format, they shall be converted to DWG prior to uploading.
The naming convention to be used for the DWG files shall be as follows:
TPW files shall use the W number as for PDF and DWF files, but shall
include the sheet number in the name — "W-1956_SHT01.dwg", "W-
1956_SHT02.dwg", etc.
II. Water and Sewer file names shall use the X number as for PDF and DWF
files, but shall include the sheet number in the name — "X-
12155_SHT01.dwg", "X-12755_SHT02.dwg", etc.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 12 of 20
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
• The project will be bid only once and awarded to one contractor.
• The ENGINEER will attend one bid opening and one prebid meeting.
• Full and half size sets of construction documents will be made available on E-
BUILDER for plan holders and/or given to plan viewing rooms.
• Up to ten (10) sets of construction documents will be printed for various uses
• Up to five (5) sets of full and half size plans (each) and specifications
(conformed, if applicable) will be delivered to the CITY.
• PDF, DWF and DWG files will be uploaded to E-BUILDER.
• Note: Since E-Builder is a new tool for the CITY, the ENGINEER will coordinate
with the PM regarding documentation to E-Builder.
DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
D. Construction documents (conformed, if applicable)
E. CFW Data Spreadsheet
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1 Construction Support
• The ENGINEER shall attend the preconstruction conference.
• After the pre -construction conference, the ENGINEER shall provide project
exhibits and attend public meeting to help explain the proposed project to
residents. The CITY shall select a suitable location and mail the invitation letters
to the affected customers.
• The ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress.
• 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
City of Fort Worth, Texas
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PMO Release Date: 07/23/2012
Page 13 of 20
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 E-BUILDER.
• 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 shall attend the "Final' project walk through and assist with
preparation of final punch list.
6.2 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 As -Built Survey
o Red -Line Markups from the Contractor
o Red -Line Markups from CITY Inspector
o Copies of Approved Change Orders
o Approved Substitutions
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 sealed 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 and DWF format. 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. Sinaular PDF and DWF files for each sheet of a
plan set will not be accepted. PDF and DWF files shall conform to naming
conventions as follows:
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 14 of 20
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
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
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in E-BUILDER.
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.
6.3 Public Meeting
• After the plans have been reviewed and approved by the CITY, the ENGINEER
shall prepare project exhibits, and attend public meeting to help explain the
proposed project to residents. The CITY shall select a suitable location and mail
the invitation letters to the affected customers. The ENGINEER shall coordinate
with CITY GIS staff to identify affected property owners/residents and develop a
spreadsheet listing addresses of those to invite to the public meeting.
ASSUMPTIONS
• One (1) public meeting will be conducted
• Up to eight (8) site visits are assumed.
• Up to ten (10) submittal reviews are assumed.
• Up to ten (10) RFI's are assumed.
• Up to five (5) Change Orders are assumed.
• This task includes approximately 50 hours of a project engineer and 100 hours of
an Engineer in Training. Additional effort generated/requested will be considered
Additional Services.
• Note: Since E-Builder is a new tool for the CITY, the ENGINEER will coordinate
with the PM regarding documentation to E-Builder.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 15 of 20
DELIVERABLES
A. Public meeting exhibits
B. Response to Contractor's Request for Information
C. Review of Change Orders
D. Review of shop drawings
E. Final Punch List items
F. Record Drawings
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and easements as outlined
below, per scoping direction and guidance from the CITY's Project Manager.
7.1. Right -of -Way Research
• The ENGINEER shall determine rights -of -way and easement 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.
7.2 Right-of-Way/Easement Preparation and Submittal. For this Scope, an allowance of
$15,000 will be included. If right of way and/or easements are not performed, the
$15,000 allocation will not be used.
7.3 Temporary Right of Entry Preparation and Submittal -Included in Task 8.2
• 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 e-Builder site.
ASSUMPTIONS
Right -of -Way research consists of 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
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 16 of 20
A. Temporary Right of Entry Letters
B. Easement and/or Right of Way Documents
TASK 8. SURVEY SERVICES.
ENGINEER will provide survey support as follows.
8.1 Design Survey
• The ENGINEER will rely upon the topographic survey obtained during the Project
Development Phase. The ENGINEER has allocated an Allowance for additional
survey effort as needed.
• The minimum survey information to be provided on the plans will consists of the
following:
— 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).
8.2. Temporary Right of Entry Preparation and Submittal, if needed
• Prior to entering property for field survey, 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 E-BUILDER site.
8.3. Construction Survey -TO BE PROVIDED BY THE CONTRACTOR; NOT PART OF
THIS SCOPE
ASSUMPTIONS
• Budget has been included to obtain up to two (2) temporary construction.
DELIVERABLES
A. Copies of field survey data and notes signed and sealed by a licensed surveyor.
B. Drawing of the project layout with dimensions and coordinate list.
TASK 9. PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and/or permits normally required for a project of this size and type, as follows.
9.1. Storm Water Pollution Prevention Plan
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 17 of 20
• For projects that disturb an area greater than one (1) acre, the contractor will be
responsible for preparing and submitting the Storm Water Pollution Prevention
Plan (SWPPP) with appropriate regulatory agencies. The ENGINEER will
prepare the iSWM Construction Plan according to the current CITY iSWM
Criteria Manual for Site Development and Construction with will be incorporated
into the SWPPP by the contractor.
9.2. Environmental Services
• ENGINEER will perform one site visit.
• ENGINEER will rely upon the information and coordination with the USACE
performed as part of the Project Development Phase. The ENGINEER will
prepare the USACE applications associated with obtaining the USACE permit for
the project.
9.3. Floodplain Services
• Negotiating and coordinating to obtain approval of the agency issuing the
agreement and/or permits.
• Completing all forms/applications necessary to obtain a floodplain permit.
• Submitting forms/applications for CITY review.
• The Flood Study updates will be performed under Task 2.
• Submitting revised forms for agency review.
• Responding to agency comments and requests.
• The ENGINEER will prepare a Flood Study as described in Task 2. The drainage
study will be prepared based upon the CITY's drainage criteria and ultimate
conditions. During the Project Development Phase, it was noted that a LOMR will
not be required for this project.
• The ENGINEER will update the hydraulic modeling for this project as part of Task
2.
9.4. Texas Department of Transportation (TxDOT) Permit -THIS TASK IS NOT NEEDED
9.5. Railroad Permit -THIS TASK IS NOT NEEDED
9.6. Texas Department of Licensing and Regulation (TDLR) -THIS TASK IS NOT
NEEDED
9.7. Historical Coordination Efforts -THIS TASK IS NOT NEEDED PER THE PROJECT
DEVELOPMENT PHASE.
9.8. CITY OF ARLINGTON Permitting
• The ENGINEER will coordinate with the City of Arlington to obtain a Floodplain
Permit.
9.9. CITY OF ARLINGTON/FORT WORTH Interlocal Agreement
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 18 of 20
• The ENGINEER will coordinate with the CITY and assist in getting an Interlocal
Agreement for the project.
ASSUMPTIONS
• Up to two (2) meetings are assumed with Development Services (Floodplain) for
the floodplain permit.
DELIVERABLES
A. USACE Permit -this includes all the required forms, narrative and exhibits
required as part of the USACE Permitting process.
B. Updated Flood Study to obtain the floodplain development permit
C. Floodplain Development Permit (FDP) from the CITY
D. Floodplain Development Permit from the City of Arlington
TASK 10. PLAN SUBMITTAL CHECKLISTS
Engineer shall complete and submit Plan Submittal Checklists in accordance with the
following table:
PLAN SUBMITTAL CHECKLIST REQUIREMENTS
Street
Water
Traffic
Traffic
Traffic
"A"
Traffic
Storm
Storm
Lights
/Sewer
Traffic
Control
Control
Control
Attachment
Signal
Engineering
30%
60%
90%
Type
(Submit All
Water
Water
(Submit
(Submit
(Submit All
@ 30%)
30%
60%
All @
All @
@ 60%)
Required for all work
in City
30%
60%)
ROW
Street
X
X
X
X
X"
X
X
X
X
Storm Water
X
X
X
X
X
Water / Sewer
X
X
X
X
*If included in street project
TASK 11. STRUCTURAL EVALUATION
11.1. Maintenance Ramp Design
• The ENGINEER will prepare a structural design and construction plans for the
maintenance ramp. The plans will consists of plan and profile sheets, as well as
detailed grading.
11.2. Headwall, Wingwalls, Toewalls, and Riprap Design
• The ENGINEER will use standard TxDOT details where appropriate and follow
the CITY's design criteria with regards to the riprap design. The structural
ENGINEER will review these details to determine which details are appropriate
as presented, or if the details need to be modified.
ASSUMPTIONS
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 19 of 20
• The ENGINEER will generally follow the layout of the maintenance ramp,
headwall and wingwalls as shown on the Project Development Phase.
DELIVERABLES
• Structural plans will be incorporated into each phase of the 60%, 90% and final
design plans.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existinq 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.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre -qualification, bid protests, bid rejection
and re -bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services 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: 07/23/2012
Page 20 of 20
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Design Services for
Quail Road HROM
City Project No. 103053
Time and Materials with Rate Schedule Project
Compensation
A. The ENGINEER shall be compensated for Task 1-5 and Task 9-11 on a lump sum
fee below. Individual task amounts are informational only. The ENGINEER may
reallocate budgets as needed. All permitting, application, and similar project fees
will be paid directly by the Client, unless otherwise specified in the Scope.
Task 1
Design Management
$ 91,600.00
Task 2
Concept Design (30%)
$ 13,000.00
Task 3
Preliminary Design (60%)
$292,000.00
Task 4
Final Design and Final Construction Documents
$108,000.00
Task 5
Bid Phase Services
$ 16,000.00
Task 9
Permitting
$ 63,300.00
Task 10 Plan Submittal Checklist
$ 1,600.00
Task 11
Structural Evaluation
$ 32,500.00
Total:
$618,000.00
Lump sum fees will be invoiced monthly based upon the overall percentage of
services performed.
B. The ENGINEER shall be compensated for Task 6 Construction Phase Services,
Task 7 Right of Way and Easement Services, and Task 8 Survey on an hourly
amount not -to -exceed $82.000.00 for personnel time, non -labor expenses, and
subcontract expenses in performing services enumerated in Attachment A as
follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Cateqory Rate for the ENGINEER's team member performing the work.
Labor Cateaory Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries, overhead,
and profit.
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Labor Category Rate ($/hour)
Senior Project Manager/Project Director (15+
$292
years)
Senior Professional/Senior Project Engineer
$272
(10+ years)
Project Manager (5+ years)
$232
Professional/Project Engineer (5+ years)
$197
Analyst III/EIT III (3+ years)
$172
Analyst 11, EIT II (2+ years)
$162
Analyst I, EIT 1 (1+ year)
$157
Administrative
$110
Intern
$90
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%).
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.
C. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER in
performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
IV. Summary of Total Project Fees
Firm
Primary Responsibility
Prime Consultant
Kimley-Horn and
Professional Engineering
Associates, Inc.
Services
Proposed MBE/SBE Sub -Consultants
Gorrondona &
Topographic Survey
Associates, Inc.
Rios Group
SUE Services
Corsair Consulting, LLC Geotechnical
TOTAL
Project Number & Name
103053— Quail Road HROM
City MBE/SBE Goal = 7%
Fee Amount
$640,000
91.43%
$27,500
3.9%
$12,500
1.8%
$20,000
2.87%
$700,000
100.0%
Total Fee MBE/SBE Fee MBE/SBE
$700,000 $60,000 8.57%
Consultant Committed Goal =8%
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
Professional Services Invoice Project Manager: Summary
Project:
City Project #:
City Sec Number: Supplier Instructions:
FIII In green cells Including Invoice Number, From and To Dates and the Included worksheets.
Company Name: When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
Supplier's PM:
email:
Supplier Invoice #:
Office Address office address
Payment Request #:
Telephone: telephone
Service Date:From
Fax: fax
Service Date:To
Invoice Date:
Remit Address: remit address
Agreement LTD
Agreement Amendment Amount to Completed
Sheet
FID and Work Type Description Amount Amount Date Amount
Work Type 1
Work Type 2
Work Type 3
Work Type 4
Work Type 5
Work Type 6
Totals This Invoice
Overall Percentage Spent:
Percent ($) Invoiced Current Remaining
Spent Previously Invoice Balance
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for the
Quail Road HROM
City Project No. 103053
There are no proposed changes to the Standard Agreement.
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page I of I
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 Quail Road HROM
Attachment D CPN: 103053
Revision Date: 07.20.2018
Page 1 of 1
ATTACHMENT "E"
LOCATION MAP
Design Services for Quail Road HROM
City Project No. 103053
City of Fort Worth, Texas
Attachment E
PMO Release Date: 05.19.2010
Page 1 of 1
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.
i. City shall be included as an additional insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the commercial
umbrella, if any. This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs afforded to
City. The Commercial General Liability insurance policy shall have no
exclusions or endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
are covered bythe commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non -owned autos, when said vehicle is used in the course of Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non -owned autos is acceptable.
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are
covered by the business auto liability or commercial umbrella liability
insurance obtained by Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21
c. Workers' Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are
covered by workers compensation and employer's liability or commercial
umbrella insurance obtained by Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims -made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self -funded or
CFW Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. Aten (10) days' notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VII or equivalent measure of financial strength
and solvency as determined by the City's Risk Management division.
g. Any deductible or self -insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first -dollar basis. City, at its sole
discretion, may consentto alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters of credit
may also be acceptable to City.
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.
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
POLICY NUMBER: GL5268169
COMMERCIAL GENERAL LIABILITY
CG20101219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT.
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU
HAVE ENTERED INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II 6 Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
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
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 additional
exclusions apply:
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 12 19 9 Insurance Services Office, Inc., 2018 Page 1 of 2
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
Page 2 of 2 9 Insurance Services Office, Inc., 2018 CG 20 10 12 19
POLICY NUMBER: GL5268169
COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Name Of Additional Insured Person(s)
Or Organization(s)
ANY PERSON OR ORGANIZATION
WHOM YOU BECOME OBLIGATED
TO INCLUDE AS AN ADDITIONAL INSURED
AS A RESULT OF ANY CONTRACT OR
AGREEMENT YOU HAVE ENTERED INTO.
SCHEDULE
Location And Description Of Completed Operations
PER THE CONTRACT OR AGREEMENT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
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 9 Insurance Services Office, Inc., 2018 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 04/01/2023 forms a part of Policy No. WC015893685 (AOs)
Issued to Kimley-Horn and 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
( ) 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
3. Premium:
The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in
connection with work performed for the above person(s) or organization(s) arising out of the operations described.
4. Advance Premium:
WC420304B Countersigned by___________________ —
(Ed. 6-14) Authorized Representative
0 Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 6/11/2024 REFERENCE NO.: **M&C 24-0489 LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
20SWM QUAIL ROAD
HROM DESIGN
NO
SUBJECT: (CD 5) Authorize Execution of an Engineering Agreement with Kimley-Horn and
Associates, Inc in the Amount of $700,000.00 for Design of the Quail Road Hazardous
Road Overtopping Mitigation Project, Adopt the Attached Appropriation Ordinances and
Amend Fiscal Years 2024-2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an engineering agreement with Kimley-Horn and Associates, Inc., in the
amount of $700,000.00 for design of the Quail Road Hazardous Road Overtopping Mitigation
project (City Project No. 103053);
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in
the Stormwater Rev Bonds 2020 Fund by increasing estimated receipts and appropriations in the
Quail Road Hazardous Road Overtopping Mitigation project (City Project No. 103053) in the
amount of $280,000.00 and decreasing estimated receipts and appropriations in the SW
Hazardous Roadway Overtopping Programmable project (City Project Number P00120) by the
same amount;
3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in
the Stormwater Capital Projects Fund by increasing estimated receipts and appropriations in the
Quail Road Hazardous Road Overtopping Mitigation project (City Project No. 103053) in the
amount of $919,000.00 and decreasing estimated receipts and appropriations in the SW
Hazardous Roadway Overtopping Programmable project (City Project Number P00120) by the
same amount; and
4. Amend the Fiscal Years 2024-2028 Capital Improvement Program.
DISCUSSION:
The engineering agreement recommended by this Mayor and Council Communication (M&C) with
Kimley-Horn and Associates, Inc. (KHA) will provide for engineering and design services related to the
Quail Road Hazardous Road Overtopping Mitigation (HROM) project (City Project No. 103053). To
better protect drivers from roadway flooding, the project will mitigate the risk of hazardous road
overtopping of Quail Road as it crosses Lake Arlington, approximately'/2 mile east of Loop 820.
The HROM program is an ongoing effort to identify hazardous road flooding locations, prioritize them
based on risk and, where feasible, implement solutions to make them safer. The HROM program was
created in response to life -threatening and fatal incidents associated with flooded roads, usually at
stream crossings.
In May 2021, the Transportation and Public Works Department (TPW), Stormwater Management
Division (SWMD), published a Request for Qualifications (RFQ) for various engineering consulting
services. Forty-five consultants responded to the RFQ for the project design service area with
Statements of Qualifications (SOQ). An evaluation team of three City staff subject matter experts from
the Stormwater Management and Capital Delivery Divisions of TPW scored the SOQs based on
company experience, prior projects, workload, and team experience. The City's Business Equity team
also evaluated and scored the SOQs. A pool of twenty-one consultants was selected based upon these
scores to be matched with specific projects. Based on this scoring, KHA, was selected as the most
qualified consultant to perform design services for this project.
In order to expedite project delivery, in September 2022, KHA was engaged through an administrative
jump-start contract (City Secretary Contract No. 58127) in the amount of $45,000.00 to participate in
project development and evaluation of potential improvement alternatives to be implemented in the final
design. KHA proposes to perform final design and engineering services for a fee in the amount of
$700,000.00. The engineer will also prepare plans and specifications for construction and provide
services during bidding and construction. Staff considers the fee to be fair and reasonable for the scope
of services proposed.
Additional funds in the amount of $499,000.00 are requested for easement acquisition and project
management. Funding for this project was not included in the Fiscal Years (FY) 2024-2028 Stormwater
Capital Improvement Program (CIP) as project development for this site had not been finished. Funding
is budgeted in the SW Hazardous Rd Overtopping project within the Stormwater Revenue Bonds 2020
and Stormwater Capital Projects (PayGo) Funds for the purpose of funding the Quail Road HROM
project.
Capital Fund Name
52007 — Stormwater Revenue
Bonds 2020 (CPN 103053)
52002 — Stormwater Capital
Projects (CPN 103053)
Project Total:
FY2024 CIP Budget
Appropriations Adjustment
$0.00 1 $280,000.00
$0.00 1 $919,000.00
$0.00 1 $1,199,000.00 1
Revised FY2024 CIP
Appropriations
$280,000.00
$919,000.00
$1,199,000.00
Business Equity — Kimley-Horn and Associates, Inc., is in compliance with the City's Business Equity
Ordinance by committing to 8\% Business Equity participation on this project. The City's Business Equity
goal on this project is 7\%.
This project is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the SW Hazardous Rd Overtopping project within the Stormwater Rev Bonds 2020 and
Stormwater Capital Projects Funds and upon approval of the above recommendations and adoption of
the attached appropriation ordinances, funds will be available in the Stormwater Rev Bonds 2020 and
Stormwater Capital Projects Funds for the Quail Road HROM project to support the recommendation
and award of the contract. Prior to any expenditure being incurred, the Transportation & Public Works
Department has the responsibility to validate the availability of funds.
Submitted for Citv Manager's Office bv: Jesica McEachern (5804)
Oriainatina Business Unit Head: Lauren Prieur (6035)
Additional Information Contact: Linda Young (2485)
103053 Quail Rd HROM
Final Audit Report
Created: 2024-07-17
By: Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAy5gvssf011htvpz5rYNXyUYcBp4FVvgD
"103053 Quail Rd HROM" History
Document created by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov)
2024-07-17 - 2:02:22 PM GMT- IP address: 204.10.90.100
Document approved by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov)
Approval Date: 2024-07-17 - 2:05:26 PM GMT - Time Source: server- IP address: 204.10.90.100
Document emailed to scott.arnold@kimleyhorn.com for signature
2024-07-17 - 2:05:31 PM GMT
2024-07-23
Email sent to scott.arnold@kimleyhorn.com bounced and could not be delivered
2024-07-22 - 3:02:20 PM GMT
Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) added alternate signer Scott Arnold (Scott.arnold@kimley-
horn.com). The original signer scott.arnold@kimleyhorn.com can still sign.
2024-07-22 - 11:09:58 PM GMT- IP address: 204.10.90.100
Document emailed to Scott Arnold (Scott.arnold@kimley-horn.com) for signature
2024-07-22 - 11:09:58 PM GMT
Email viewed by Scott Arnold (Scott.arnold@kimley-horn.com)
2024-07-22 - 11:40:44 PM GMT- IP address: 107.116.180.113
Document e-signed by Scott Arnold (Scott.arnold@kimley-horn.com)
Signature Date: 2024-07-23 - 2:15:54 PM GMT - Time Source: server- IP address: 130.41.174.193
Document emailed to tpw_sw_contracts@fortworthtexas.gov for approval
2024-07-23 - 2:15:56 PM GMT
i Email viewed by tpw_sw_contracts@fortworthtexas.gov
2024-07-23 - 5:36:09 PM GMT- IP address: 204.10.90.100
FoRTWORTH, I P—e'b'
Adobe
Acrobat Sign
Document approval delegated to Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) by
tpvv—sw—Contracts@fortworthtexas.gov
2024-07-23 - 5:36:14 PM GMT- IP address: 204.10.90.100
;Q. Document approved by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov)
Approval Date: 2024-07-23 - 5:36:56 PM GMT - Time Source: server- IP address: 204.10.90.100
01 Agreement completed.
2024-07-23 - 5:36:56 PM GMT
FoRTWORTH, I P—e'b'
Adobe
Acrobat Sign
FORT WORTH.
Routing and Transmittal Slip
Transportation & Public Works Department
DOCUMENT TITLE: 103053 Quail Rd HROM — Kimley-Horn n Associates
M&C: 24-0489 CPN: 103053
Date:
To:
Name
1.
Sadie Ishmael
Scott Arnold
2
Scott.Arnold(@kimlev-horn.com>
3.
Lauren Prieur
4.
Doug Black
5.
Jesica McEachern
7.
Jannette Goodall
8.
Allison Tidwell
9.
tpw—sw—contracts
10.
11.
CSO:
DOC#:
Department
Initials
Date Out
TPW
-60
Jul 17, 2024
Consultant
<1A
Jul 23, 2024
SA
TPW/Dir
Approval/Agiloft
Aug 1, 2024
Legal
ID$
Aug 6, 2024
ACM00
'
Aug 8, 2024
Aug 9, 2024
CSO Aug 15, 2024
CSO
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 Reauired:
❑ As Requested
❑ For Your Information
® Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return to: tnw sw contractsnfortworthtexas.gov Call 817-229-3283 with questions. Thank you!