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HomeMy WebLinkAboutContract 62162City Secretary Number: 62162 SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Project No. 105824 This SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas and Presidio Car Wash Properties, LLC ("Developer"). City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, the City's Development Services Department has a small-scale infrastructure program for the design and construction of small-scale and infill-type public infrastructure improvement projects ("Program"); and WHEREAS, Developer is developing property within the City for a project located at 9073 Tehama Ridge Pkwv, Fort Worth, Texas 76177 and generally known as Slappy's Express Car Wash ("Project") and Developer desires to use the Program for the Project; and WHEREAS, pursuant to the Program, the City can design and construct public infrastructure necessary for the Project and Developer will pay all costs for the design and construction of the public infrastructure; and WHEREAS, City and Developer desire to enter into this Agreement for Developer to utilize the Program for the Project; NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, City and Developer hereby agree as follows: SECTION 1. SCOPE (a) City shall obtain the engineering design and construction phase engineering services for the public infrastructure improvements for the Project ("Improvements") through the use of the third -party engineering firm identified in the Engineering Task Order ("Engineer") which is attached hereto as Exhibit "A" and incorporated herein by reference. Developer has reviewed and approved the Task Order and agrees to all statements in the Task Order. Developer shall have the opportunity to review the final design of the Improvements to identify any errors, deficiencies, or conflicts that must be addressed before construction of the Improvements. Upon completion of the engineering plans and acceptance of the engineering plans by the City and Developer, the engineering plans are incorporated by reference into this Agreement. Developer understands that any revisions to the engineering plans requested by Developer before or after the review or acceptance of the final design will require additional design fees paid by Developer for the additional engineering costs. (b) Developer understands and agrees that City makes no representation or promise relating to: (1) the date the engineering plans will be completed by Engineer and accepted by the City; (2) that Engineer will complete the engineering plans; or (3) the cost of the engineering plans. If the City's agreement with Engineer is terminated, or Engineer is in default under its agreement with the City, the City may offer a substitute engineer to re -design or complete the design of the engineering plans ("Substitute Engineer"). OFFICIAL RECORD SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT CITY SECRETARY Page 1 of 10 FT. WORTH, TX Rev. 8/24 (c) Upon completion of the engineering plans, City shall contractor with the third -party construction contractor identified in the Construction Task Order ("Contractor"). The construction Task Order will be reviewed and approved by Developer which will be incorporated by reference into this Agreement upon execution by the City and Developer. (d) Developer understands and agrees that City makes no representation or promise relating to: (1) the date the Improvements will be constructed by the Contractor and accepted by the City; (2) that the Contractor will complete construction of the Improvements; or (3) the cost of construction. If the City's agreement with Contractor is terminated, or the Contractor is in default under its agreement with the City, the City may offer a substitute contractor to construct or complete construction of the Improvements ("Substitute Contractor"). (e) Developer understands and agrees that construction of public infrastructure can result in unforeseen circumstances that may result in project delays or additional expenses. Developer further understands that subsurface utility engineering ("SUE") shall not be included in the scope of the engineering services provided under this Agreement unless Developer specifically requests that SUE be included and SUE is included in the Engineer's Task Order. Proceeding without SUE may result in delays or additional costs for the Project for which Developer will be responsible. City shall not be liable to Developer for any delays or increased costs to Developer that result from the design and construction of the Project set forth in this Agreement. (f) City will not provide any engineering or construction management service to Developer pursuant to this Agreement. SECTION 2. TERM The term of this Agreement shall begin on the date signed by the City's Assistant City Manager ("Effective Date") and shall expire two years from the Effective Date ("Initial Term"), unless terminated earlier in accordance with the provisions of this Agreement. This Agreement may be extended by parties by the execution of a written amendment. SECTION 3. COMPENSATION (a) Developer shall pay all costs of the Engineer and the Contractor, and any Substitute Engineer or Substitute Contractor, for the design and construction of the Improvements. City shall collect the fees from Developer and remit them to the Engineer and the Contractor. City shall not pay for any of the engineering costs, construction costs, or any other costs associated with contraction of the Improvements. The fees charged by Contractor shall not be on a lump sum or fixed fee basis. (b) Upon execution of this Agreement by Developer, Developer has paid to the City the estimated engineering fees, including contingency funds, in the amount of $14,353.25 and the estimated construction costs, including contingency funds, in the amount of $28,140.50. The amounts paid to the City are based on estimates. Prior to the City allowing Contractor to proceed to construction, the City will provide Developer with a construct Task Order that includes a projected construction cost with contingency based on the final engineering plans ("Projected Construction Cost"). If the estimated construction costs paid by the Developer are less than Projected Construction Cost, Developer shall pay the difference to the City upon request from the City. City will not allow the SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 2 of 10 Rev. 8/24 Contractor to proceed to construction until any additional costs owed to the City are paid by Developer. (c) If during the design or construction of the Improvements, the estimated fees paid by Developer are insufficient to pay for the engineering or construction costs incurred on the Project, Developer must pay the shortage to the City before the design or construction may continue. (d) Upon completion of the construction of the Improvements, the City will reconcile the actual engineering costs and construction costs for the Improvements with the estimated engineering costs and construction costs paid by Developer. If the actual engineering and construction costs are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual engineering costs and construction costs are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. The City shall not issue a certificate of occupancy or final inspection for any building relating to the Improvements or final plat for the Project until all fees owed to the City have been paid by Developer. SECTION 4. TERMINATION If Developer terminates this Agreement before construction of the Improvements is completed and accepted by the City, Developer agrees to vacate any final plats that have been filed with the county where the Project is located, and City may suspend, refuse to issue, or refuse to final all building permits, trade permits, and other permits that are associated with any buildings or other on -site improvements being constructed as part of Developer's project. If Developer terminates this Agreement before construction of the Improvements is completed and accepted by the City, Developer must execute a community facilities agreement with the City to construct the Improvements. SECTION 5. CONNECTION OF PUBLIC AND PRIVATE INFRASTRUCTURE Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. Developer will not allow Developer's contractors to connect private infrastructure to paving and drainage constructed pursuant to this Agreement, if any, until said paving and drainage have been completed to the satisfaction of the City. SECTION 6. UTILITIES Developer shall be responsible for identifying, locating, and causing or paying for the installation or adjustment of all utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. SECTION 7. CERTIFICATES OF APPROPRIATENESS SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 3 of 10 Rev. 8/24 Developer shall be responsible for obtaining all Certificates of Appropriateness ("COA") for the Project, if a COA is required for the Project. The City cannot allow the construction of the Improvements to begin before all required COAs are obtained by Developer. If Developer chooses to proceed with the design of the Improvements without a COA issued by the City, Developer understands that delays may occur and the Engineer may be required to redesign the Improvements, which will be at Developer's sole cost and expense. SECTION 8. EASEMENTS AND RIGHTS -OF -WAY Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. Developer shall assist City, Engineer and Contractor, and pay all costs for obtaining rights of entry or temporary construction easements necessary to construct the Project. SECTION 9. LIABILITY AND INDEMNIFICATION (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE ENGINEERING PLANS AND SPECIFICATIONS. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR ANY LOST PROFITS SUFFERED BY DEVELOPER, OR DAMAGE TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF THE IMPROVEMENTS, OR ON ACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR INPART, BYTHEALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. SECTION 10. NOTICES All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: City of Fort Worth Development Services Department Attn: Small -Scale Infrastructure Program SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT DEVELOPER: Presidio Car Wash Properties, LLC Houston Simmons 111 Boland Street Suite 202 Fort Worth, TX 76107 Page 4 of 10 Rev. 8/24 100 Fort Worth Trail Fort Worth, Texas 76102 With conies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. SECTION 11. RIGHT TO AUDIT Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. SECTION 12. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 5 of 10 Rev. 8/24 entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. SECTION 13. APPLICABLE LAW; VENUE This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 14. NON -WAIVER The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any fixture occasion. SECTION 15. GOVERNMENTAL POWERS AND IMMUNITIES It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. SECTION 16. HEADINGS The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. SECTION 17. SEVERABILITY In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. SECTION 18. REVIEW OF COUNSEL City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 6 of 10 Rev. 8/24 SECTION 19. PROHIBITION ON BOYCOTTING ISRAEL Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City 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" has the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. SECTION 20. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Developer 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 that is to 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. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. SECTION 21. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Developer 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 that is to 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. SECTION 22. AMENDMENT No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. SECTION 23. SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 7 of 10 Rev. 8/24 ASSIGNMENT AND SUCCESSORS Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. SECTION 24. NO THIRD -PARTY BENEFICIARIES The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. SECTION 25. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. SECTION 26. SIGNATURE AUTHORITY The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. SECTION 27. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. SECTION 28. ENTIRE AGREEMENT This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 8 of 10 Rev. 8/24 IN WITNESS W REOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT W TH Naha �GI�AGIDia Dana Burghd off (Oct 2 ,202410: CDT) Dana Burghdoff Assistant City Manager Date: 10/23/2024 Recommended by: vz_— Da[ton Harrell jOct 23, 2024 08:24 CDT) D.J. Harrell Director Development Services Department Approved as to Form & Legality: Richard McCracken (Oct 20, 2024 11:24CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Form 1295: N/A ATTEST: Jannette Goodall City Secretary o0 bq PVa o=d adIInTEXA`� as nnnuvad Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. _LA Evelyn Ro rts (Oct 18, 202415:00 CDT) Evelyn Roberts Contract Service Administrator DEVELOPER Presidio Car Wash Properties, LLC Housto� s (Oct 18, 202409:49 CDT) Name: Houston Simmons Title: President 10/18/2024 Date: SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 9 of 10 Rev. 8/24 EXHIBIT "A" TASK ORDERS SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 10 of 10 Rev. 8/24 FORT WORTH June 18, 2024 Baird, Hampton & Brown 6300 Ridglea Place, Suite 700 Fort Worth, Texas 76116 Attention: Austin Baird, PE From: Victor V. Tornero, Jr., PE Senior Capital Projects Officer, Development Services Subject: Notice to Proceed Project Name: Slappy's Express Carwash Project Number: SSIP-24-0014 / City Project Number: 105824 Engineering Agreement: CSC No. 61220 Task Order Number: BHB-05-SSIP-24-0014 This notification serves as your notice to proceed to begin Task Order No. BHB-05-SSIP-24-0014, for final design and construction phase services for the above referenced project. The City accepts your proposal in an amount not to exceed $12,845.00. This project includes design of street and pedestrian lighting in accordance with current City Standards as described in the City of Fort Worth Transportation Engineering Manual. The allotted number of days to complete the final design phase of this work is 46 working days. Any changes to scope or schedule need to be submitted via RFI process with risk assessment for its approval by the project manager. Consultant must submit schedule updates by 5th of the month to the SSIP Team. Failure to do so would delay processing of pending invoices. The anticipated start date for services is within a week of this executed agreement, when payment is received and confirmed. The anticipated start date for construction phase services is at the beginning of July. Task Order Authorization: Victor V. Tornero Jr., P.E. Victor V. Tornero Jr., P.E. (Sep 24, 202408:36 CDT) Victor V. Tornero, Jr., PE Sr. Capital Projects Officer Development Services Attachments: 1. Attachment A — Scope Document 2. Attachment B — Fee Schedule 3. Attachment C - Level of Effort 4. Project Schedule John Austin Baird, PE John Austin Baird, PE (Sep 24, 2024 08:41 CDT) Austin Baird, PE Principle, Senior Engineer Baird, Hampton & Brown Houston Simmons (Sep 25, 2024 09:50 CUO Houston Simmons President Presidio Car Wash Properties, LLC FORT WORTH® ATTACHMENT "A" Scope for Enaineerina Design Related Services for Arterial Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of the SSIP-24-0014 project is to provide pedestrian and street lighting improvements to the proposed development located at 9073 Tehama Ridge Parkway conformance with the zoning and other development requirements. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (100%) Task 5. Bid Phase Services Task 6. Construction Phase Services T-ol, Rn%n//Focornent 3-2r\4G4as 9. S'JrV@y and S bs irfaG@ I Itiity Enginoorinn Services CIF 9. Dorm Task 10 ualitfi�Ttrnl/ (lid #�TAFC'J1711^� Attachment A Release Date: 07.22.2021 Page 1 of 10 City of Fort Worth, Texas FORT WORTH® Attachment A Release Date: 07.22.2021 Page 2 of 10 FORT WORTH® 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 / Quality Assurance (QC/QA) is practiced in performance of the work.. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend a pre -design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct review meetings with the CITY at the end of each design phase • Conduct QC/QA reviews and document those activities. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. Multi -month billing is not allowed. Months in which no work is being invoiced shall require submission of a $0.00 invoice. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. • 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. • 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 • One (1) pre -design project kickoff/chartering meeting • Two (2) plan review meetings • All submittals to the City will be Quality checked prior to submission. City of Fort Worth, Texas Page 3 of 10 Attachment A Release Date: 07.22.2021 Page 3 of 10 FORT WORTH® • Project design phase is anticipated to take 1 months. • Project construction phase is anticipated to take 1 months. DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Monthly invoices E. Final Summary Payment Report Form TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, 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. 2.2. The Conceptual Design Package shall include the following • Conceptual design package shall include a conceptual street and pedestrian lighting plan to verify design readiness of the proposed project: including a review of the developer provided basis of design documents and zoning and other development criteria. • Estimates of probable construction cost. ASSUMPTIONS City of Fort Worth, Texas Page 4 of 10 Attachment A Release Date: 07.22.2021 Page 4 of 10 FORT WORTH® • One PDF (1) sets of 22"x34" size plans will be delivered for the 30% design. • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (Virtual Project Manager or Sharepoint). • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows 3.1. The Preliminary Design Drawings and Specifications shall include the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • Quantity Summary page and each design sheet shall include a quantity take off table. 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). • Preliminary street and pedestrian lighting plans. • Preliminary streetlight, pedestrian light, and all applicable utility details. • Estimates of probable construction cost. 3.2. Utility Coordination: • The ENGINEER will coordinate with the public utility provider for the establishment of new utility service and meter installation for the proposed street lighting improvements. City of Fort Worth, Texas Page 5 of 10 Attachment A Release Date: 07.22.2021 Page 5 of 10 FORT WORTH® ASSUMPTIONS • One PDF sets of 22"x34" size plans will be delivered for the 60% design for review coordination. • One (1) set of preliminary project quantity tables utilizing City of Fort Worth Standard Bid Items for use in unit price contract task order preparation, as well as draft copies of special item specifications should they be required, will be delivered for the 60% design. • The following shall be uploaded to the designated project folder in the City's document management system (Virtual Project Manager or Sharepoint): • All other submitted documents and checklists • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications including QC/QA documentation B. Estimates of probable construction cost City of Fort Worth, Texas Page 6 of 10 Attachment A Release Date: 07.22.2021 Page 6 of 10 FORT WORTH® TASK 4. FINAL DESIGN and CONSTRUCTION DOCUMENTS (100 PERCENT). • Following a 60% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans and Bid Documents (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. • A Quantity Summary page will be included in the 100% design plans. Each design sheet of the plans shall also include a quantity take off table. • The ENGINEER shall submit an estimate of probable construction cost with the 100% design packages. This estimate shall use standard CITY or TxDOT bid items, as applicable. ASSUMPTIONS • Three (3) sets of Full Size 22"x34" drawings and One (1) set of 11 "x17" size drawings and one (1) set of specifications will be delivered for the 100% Design package. • One (1) set of final Project Quantity tables utilizing City of Fort Worth Standard Bid Items for use in unit price contract task order preparation. As well as final copies of special item specifications should they be required. • A PDF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in City's document management system (Virtual Project Manager or Sharepoint). DELIVERABLES A. 100% construction plans and Project Manual including QC/QA documentation. B. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's or TxDOT's standard bid items and format, as applicable C. Digital cover sheet for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. • Not Applicable City of Fort Worth, Texas Page 7 of 10 Attachment A Release Date: 07.22.2021 Page 7 of 10 FORT WORTH® TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1. Construction Support • The ENGINEER shall attend construction progress meetings as requested during the duration of construction. The ENGINEER will prepare meeting notes with action items and distribute there to the project team. The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in the City's document management system (Virtual Project Manager or Sharepoint). • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, respond to Request for Information (RFI) from the contractor, review change orders, and make recommendations as to the acceptability of the work. The ENGINEER will meet with the Project Delivery Team and Contractor on -site to review any field changes. • The ENGINEER shall provide the necessary contractor coordination and construction staking services as required to facilitate the successful installation of the proposed infrastructure improvements in accordance with CITY Specification Section 01 71 23. • The ENGINEER will coordinate with other TPW divisions and other departments as necessary. • 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. Information provided by the CITY may include, but is not limited to the following: 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 City of Fort Worth, Texas Page 8 of 10 Attachment A Release Date: 07.22.2021 Page 8 of 10 FORT WORTH® 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: 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, in Adobe Acrobat PDF format (version 6.0 or higher) and in DWF format. 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 digital files. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set, if required. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF filps for egch sheet of a nlan set will not hp accented. 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 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 the City's document management system (Virtual Project Manager or Sharepoint). For information on the proper manner to submit files and to obtain a file number for the project, the ENGINEER should coordinate with the City project manager. 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 • 1 site visits are assumed. • 2 submittal reviews are assumed. • 1 RFI's are assumed. City of Fort Worth, Texas Page 9 of 10 Attachment A Release Date: 07.22.2021 Page 9 of 10 FORT WORTH® • 1 Change Orders are assumed. DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of shop drawings D. Final Punch List items E. Record Drawings in digital format City of Fort Worth, Texas Page 10 of 10 Attachment A Release Date: 07.22.2021 Page 10 of 10 FORT WORTH® Additional Services not included in the existina Scone of Services - CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Bid phase services • Design survey services • Right-of-way and Easement services • Permitting Services • Utility clearance services • Public or property owner meetings • 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 Page 11 of 10 Attachment A Release Date: 07.22.2021 Page 11 of 10 ATTACHMENT B COMPENSATION Design Services for SSIP 24-0014 City Project No.105824 Lump Sum Project Compensation A The ENGINEER shall be compensated a total lump sum fee of $12.845.00 as summarized in Exhibit 8-1 - Engineer Invoice and Section IV - Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. 8. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit 8-1, Progress Reports as required in item III. of this Attachment 8, and Schedule as required in Attachment D to this Agreement. 8. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. Ill. Progress Reports A The ENGINEER shall prepare and submit to the Transportation and Public Works Department, schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 3 designated representative of the monthly progress reports and ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Baird, Hampton & Brown Engineering & Surveying $12,845.00 100% Proposed MWBE Sub -Consultants Non-MWBE Consultants TOTAL $12,485.00 100% Project Number & Name Total Fee MWBE Fee MWBE% $ 12,845.00 $ 0 0 % City MWBE Goal = _0_% Consultant Committed Goal = _O_ % City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 3 ME 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 work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 3 M Professional Sauces Inv —vice Pr' ct Mana( ken ral-HendersR j Summary Project: �s 1P _2 4.0 014 ' 1 City Project#: 1058 4 _■ City Sec Number: Company Name: IBAIRo. HAMPTON & BROWN Supplier's PM: Iauoo Hus1111 GGItU, Supplier Invoice#: Payment Request#: Service Date:From Service Date:To Invoice uate: Supplier Instructions: Fill in grsan calls including Invoice Number, From andTo Dates and the included worksheets. Whan vour Invoice is complete, save and close, start Buzzsaw and Add your invoice to the (abard" onsultant folder within Project's folder. email: iIbhbn..comOffice Address: 60 R.dalea Place. suite 700 Fort Worth Tx 76116 1 Telephone: J?I-UJ-IPA Fax: 817-338-9245 1 Kerns mume55.mow Klaalea Place. Suite /Uu. Pon VOrtn IA 10110 fY--- l r1DaneWVa:l;Tyr -script ol, -orK I ype I —Inlype WorkTYPe4 WorkType 5 WorkTypa6 Totals This Invoice A f . f 1 -M AAi i I IVUI-Il Ai I IVUI-Il bdte Al IIVul It $1 L,J4J.J� $/1,643A; 12 845.00 $12845.00 Overall Percentage Spent: r trwRemaiRiRg � JIJGIIt ��CVIV USIy IIIVVIVG tJGIcl11l.G J/Z,1�45.G� 12 845.00 Professional Services Invoice Project Manager: JennaLHenderson Project: SSIP-24-0014 City Project#: 105824 Work Type Desc: I Supplier Instructions: FID: City Sec Number: Flii in green calls Including Percent Complete and Invoiced Previously Quanitlas Purchase Order: I I Whan your Invoice Is complete, save and close, start Buusaw and Add your Invoice to the Consultant folder within Project's folder. Company Name: BAIRD, HAMPTON & BROWN Supplier's PM: John Austin Baird, PE email: abaird@bhbinc.com Supplier Invoice#: Office Address: 6300 Ridglea Place, SuAe 700, Fort Worth TX 76116 Payment Request#: Telephone: 817.338.1277 Service Date:From Fax: 817338.9245 Service Date:To Invoice Date: Remit 6300 Ridglea Place, Sutte 700, Fort Worth TX 76116 Pay Items % - uesian Agreement LTD ny. ¢ou.cna n...........n .",mount to Gomple Amount r4umoer Amount 41Z,t14n.Ot V� 12 Bd5.�11 V ZA45.iHI Totals This Unit: Overall Percentage Spent: Fn —..1 ........ xem rrevivusry mvvice oarance y i�,fid50 � V2.545.U0 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for SSIP-24-0014 Citv Project No 105824 Subconsultant ieproducta� R7. �c w■ 117t1'1r.FTl.TSmRrTiriiw,fail-��llllllllllllllllllllllllsI7��i1�1�i1�l�tilFvril>�:rl�:m��m�il - rri .- �_�ri�el�i�����4 i1�����_ �Pi �l:Vrl R� MEET MR. 4.2 Construction Estimates 1 $180 $0 S180 5.0 Bid Phase 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Task Description $Ajk No. �.onstruq ior{ Phase Services 6.1 Construch Syl!����PPrt 6.1, Project Site Ys'ds 6.1 Submittal Review Request for Information/Change Order 6.1 Review 6.1, Construction Staking 6.1 Final Walk Through and Punch List 6.2 Record Drawing@ 7.0 ROW/Easemient Services &0 Sury Iv 9.0 Permitting Tota, City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for SSIP-24-0014 Citv Project No 105824 I Ij Project Project Project Labor Ihoursl Survey Staking 2- Total Labor Exoense MWBE Non-MWBE Total Expense 30 180 160 120 18 96 $22 12 $7 ElT / RP& Person CA DD Administrative 47 Sub sultant Travel0 Reprod Task Sub 1 J Crew $68 1 $0 $68 $18 $ $18 1 $ $5001 1 "$. $ $1,67 $ $98 $ $46 $ $ $ $ $ $ 6. 261 181 1 $12,74 $ $ $ $10 $10 $12,84 T -ataFHbet $12,;-4 nv/cn m Non-MBE/SBE Submnsultant $0 10% Sub Markup $0 MBE/SBE Participation 0.0% Total Project Cost $4 45 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for SS I P-24-0014 City Project No. 105824 <None> City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 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 Attachment D Revision Date: 07.20.2018 Page 1 of 1 SSIP-24-0014.mpp ID Task Name 1 SSIP-24-0014 2 Design 3 Pre -Engineering Services 4 Research & Data Collection 5 Conceptual Engineering 6 Construction Plans 7 Preliminary Engineering 8 Prepare Preliminary Engineering Plans 9 Prelim. Bid Item List & OPC 10 Submit Prelim. Plans & OPC 11 Submit Utility Service Documentation 12 City Review & Comment 13 Final Engineering 14 Final Construction Plans (90 % ) 15 Final Bid Item List, Specification & OPC 16 Submit Final Plans, Specs. & Estimate (90%) 17 City Review & Comment 18 Construction (Estimate) 19 Bid & Award Project 20 Contractor Task Order Development BAIRD, HAMPTON & BROWN Thu 9119124 www.bhbinc.com SSIP-24-0014 Duration Start Finish % Complete Qtr 4, 2024 October 2024 November 2024 Decembe 21 24 27 30 3 6 9 12 15 18 21 24 27 30 2 5 8 11 14 17 20 23 26 29 2 5 8 11 14 58 days Tue 9/24/24 Thu 12/12/24 0% 46 days Tue 9/24/24 Tue 11/26/24 0% 11 days Tue 9124124 Tue 1018124 0% 6 days Tue 9/24/24 Tue 1011/24 0% 5 days Wed 10/2124 Tue 10/8124 0% 35 days Wed 1019/24 Tue 11/26/24 0% 35 days Wed 1019/24 Tue 11/26/24 0% 5 days Wed 10/9/24 Tue 10/15/24 0% 2 days Mon 10/14/24 Tue 10/15/24 0% 0 days Tue 10/15/24 Tue 10/15/24 0% 10115 30 days Wed 10/16/24 Tue 11/26/24 0% 5 days Wed 10/16/24 Tue 10/22/24 0% 9 days Thu 10/24/24 Tue 11/5124 0% 5 days Thu 10/24/24 Wed 10/30/24 0% 2 days Tue 10/29/24 Wed 10/30/24 0% 0 days Wed 10/30/24 Wed 10/30/24 0% 10130 4 days Thu 10/31/24 Tue l l/5/24 0% 27 days Wed 1116/24 Thu 12/12/24 0% 7 days Wed 1116/24 Thu 11/14/24 0% 5 days Wed 11/6/24 Tue 11/12/24 0% 21 Contract Execution 22 Construction (Estimated) 23 Notice to Proceed 24 Construction 25 Utility Service Establishment Final Walkthrough 28 27 Closeout (Record Drawing Preparation) 28 Acceptance Task Project. SSIP Split — Date: Thu9/19/24 Milestone 2 days Wed 11/13/24 Thu 11/14/24 0% 20 days Thu 11114124 Thu 12112124 0% — 0 days Thu 11/14/24i Thu 11/14/2� 0% J 15 days Fri 11/15/24 Thu 1215124 0% 5 days Fri 11/15/24 Thu 11/21/24 00% day Fri 12024 Fri 12024 o I 2 days Mon 12/9/24 Tue 12/10/24 00% 2 days Wed 12/11/24 Thu 12/12/24 0% Project Surrimary Inactive$ummary , Manual Task ♦ External Mile stone Duration . 9