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Home My WebLink AboutContract 62185CSC No. 62185 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home -rule municipality ("City"), and Freese and Nichols, Inc., authorized to do business in Texas ("Consultant"), for a project generally described as: Pavement Marking Maintenance ("Project") — Project No. 105164 . Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $98,300.00 ("Contract Amount") in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: March 8, 2024 Page 1 of 8 Pavement Marking Maintenance Program CPN 105164 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas Pavement Marking Maintenance Program Standard Agreement for Professional Services CPN 105164 Revision Date: March 8, 2024 Page 2 of 8 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth, Texas Pavement Marking Maintenance Program Standard Agreement for Professional Services CPN 105164 Revision Date: March 8, 2024 Page 3 of 8 working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City's Business Equity Ordinance No. 25165-10-2021 (as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals established for this Agreement and its execution of this Agreement is Consultant's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its subcontractor(s). City of Fort Worth, Texas Pavement Marking Maintenance Program Standard Agreement for Professional Services CPN 105164 Revision Date: March 8, 2024 Page 4 of 8 Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or City of Fort Worth, Texas Pavement Marking Maintenance Program Standard Agreement for Professional Services CPN 105164 Revision Date: March 8, 2024 Page 5 of 8 unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Quenell T. Johnson Transportation and Public Works - Transportation Management Division 5001 James Avenue Fort Worth, Texas 76115 Consultant: Freese and Nichols, Inc. Attn: Todd Buckingham 801 Cherry Street, Suite 2800 Fort Worth, Texas 76102 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Pavement Marking Maintenance Program Standard Agreement for Professional Services CPN 105164 Revision Date: March 8, 2024 Page 6 of 8 Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. City of Fort Worth, Texas Pavement Marking Maintenance Program Standard Agreement for Professional Services CPN 105164 Revision Date: March 8, 2024 Page 7 of 8 Article XXIII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH C-:P� Jesica McEachern Assistant City Manager Date: Oct 24, 2024 ATTEST: Jannette Goodall City Secretary 4dovoun�� po� FORr�oa� l.° CVo o=a 0� p 4� nEXASoQ APPROVED AS TO FORM AND LEGALITY B,/ Dou alas Bla ck,[a ck (�412:40 CDT) Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: March 8, 2024 Page 8 of 8 BY: CONSULTANT Freese and Nichols, Inc. Chris Bosco Principal Date: 9/26/2024 M&C No.: M&C Date: Pavement Marking Maintenance Program CPN 105164 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. ATTACHMENT A Scope for Enaineerina Desian Related Services for Pavement Markina Maintenance Proaram — CPN 105164 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the City of Fort Worth (CITY) and Freese and Nichols, Inc. (ENGINEER) have attempted to clearly define the work to be performed and address the needs of the Project. The purpose of the Project is to provide pavement marking and signage design services (including bicycle lanes, transit lanes, roundabouts, long lines, short lines, intersections, and school zones) to improve overall traffic and pedestrian safety with the CITY limits of Fort Worth. WORK TO BE PERFORMED Task 1. Project Management Task 2. Pavement Marking and Signage Design Services TASK 1. PROJECT MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. Additionally, project management will include the following tasks. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • ENGINEER shall conduct briefings with the CITY (up to two (2) per month for ten (10) months). • Project duration is assumed to be ten (10) months. DELIVERABLES A. Monthly invoices with effort summaries. City of Fort Worth, Texas Page 1 of 3 Attachment A Pavement Marking Maintenance Program PMO Release Date: 02.06.2015 CPN 105164 Page 1 of 3 FORT WORTH. TASK 2. PAVEMENT MARKING AND SIGNAGE DESIGN SERVICES. ENGINEER will support the design services phase of the project as follows. The ENGINEER shall provide pavement marking and signage plans at locations directed by the CITY. It is assumed that design services will be completed on aerial imagery and not include field survey data. The pavement marking and signage design services may include bicycle lanes, transit lanes, roundabouts, long lines, short lines, intersections, and school zones. The ENGINEER will provide design services for up to 200,000 feet of pavement markings (including signage as necessary). The ENGINEER will provide a summary of the pavement marking quantities per sheet. • The ENGINEER will provide an opinion of probable construction cost per each project. The ENGINEER will develop the opinion of probable construction cost based on CITY -provided construction task order unit prices. • The ENGINEER will conduct and document up to three (3) site visit per month for ten (10) months. These site visits will be during the design and construction phase. If the meetings are conducted during the construction phase, the ENGINEER will review the layout of the installed improvements and prepare and submit a Construction Progress Report using the CITY's standard format. ASSUMPTIONS • Each design will include up to two (2) submittals (pre -final and final) and the pre - final will be reviewed by the CITY and all necessary comments will be provided at that time. • Pavement marking and signage improvements will be installed with a CITY construction task order; therefore, a specifications manual is not necessary. CITY will prepare and execute the construction task order contract. CITY will provide all necessary construction phase project management, inspection, and submittal review. • CITY standard details and specifications will be used for all design projects. • All permitting for improvements within Texas Department of Transportation (TxDOT) right-of-way will be coordinated and gathered by the CITY. • No traffic analysis or traffic study are anticipated for these projects. • No stakeholder or public meetings are anticipated for these projects. • Project will not provide accessibility improvements (for example, curb ramps). DELIVERABLES A. Design Plans (PDF Format). B. Opinion of Probable Construction Costs (Based on Construction Task Order Unit Prices). C. Construction Progress Report City of Fort Worth, Texas Page 2 of 3 Attachment A Pavement Marking Maintenance Program PMO Release Date: 02.06.2015 CPN 105164 Page 2 of 3 FORT WORTH. 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. • Effort exceeding those outlined in the "Assumptions" section of each task description. City of Fort Worth, Texas Page 3 of 3 Attachment A Pavement Marking Maintenance Program PMO Release Date: 02.06.2015 CPN 105164 Page 3 of 3 ATTACHMENT B COMPENSATION Design Services for Pavement Marking Maintenance Program City Project No. 105164 Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Cateqory Rate for the ENGINEER's team member performing the work. Labor Cateaory Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. LABOR CATEGORY Professional 1 Professional 2 Professional 3 Professional 4 Professional 5 Professional 6 Construction Manager 1 Construction Manager 2 Construction Manager 3 Construction Manager 4 Construction Manager 5 Construction Manager 6 Construction Representative 1 Construction Representative 2 Construction Representative 3 Construction Representative 4 CAD Technician/Designer 1 CAD Technician/Designer 2 CAD Technician/Designer 3 Corporate Project Support 1 Corporate Project Support 2 Corporate Project Support 3 Intern / Coop Senior Advisor "" These rates will be adjusted annually in February City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 4 RATE ($/HOUR) ** 131 160 178 206 241 275 113 140 152 191 230 262 101 113 140 152 111 143 177 106 128 170 65 175 Last updated 2024. Pavement Marking Maintenance Program CPN 105164 ATTACHMENT B COMPENSATION 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. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. City of Fort Worth, Texas Attachment B Pavement Marking Maintenance Program PMO Official Release Date: 8.09.2012 CPN 105164 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION 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 Fee Amount % Prime Consultant Freese and Nichols, Inc. Project Management and $98,300.00 100.0% Design Services Prime Consultant Total MBE/WBE Sub -Consultants Non-MBE/WBE Consultants MBE/WBE Sub -Consultants Total $98,300.00 100.0% $0.00 0.0% Non-MBE/WBE Consultants Total: $0.00 0.0% TOTAL $98,300.00 100.0% Project Number & Name Total Fee MBE/WBE Fee MBE/ WBE Pavement Marking Maintenance $98,300.00 $0.00 0.0% Program (CPN 105164) City MBE/WBE Goal = N/A Consultant Committed MBE/WBE Goal = N/A City of Fort Worth, Texas Attachment B Pavement Marking Maintenance Program PMO Official Release Date: 8.09.2012 CPN 105164 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 4 of 4 Pavement Marking Maintenance Program CPN 105164 Level of Effort Spreadsheet TASKIHOUR BREAKDOWN Design Services for Pavement Marking Maintenance Program (CPN 105164) Labor Hours) Expense Task Task Description Todd Buckingham Joseph Gonzalez Landry Hart Steve James Total Labor Total Expense No. Cost Cost Task Sub Total PM EIT CAD QA/QC Prof essional4 Prof essional2 CAD Technician CAD Technician Su bconsultant Travel Reproduction Rate $241 $160 $111 $175 MWBE Non-MWBE 1.0 'rask 1 . Project Management 32 301 0 0 $12,512 $0 $0 $0 $0 $0 $12,512 Monthly Briefings with City (Up to 2 Per Month) 20 30 $9,620 $0 $9,620 Prepare Invoices and Monthly Effort Summaries 12 $2,892 $0 $2,892 2.0 Task 2. Pavement Marking and Signage Design Services 72 210 210 62 $85,112 $0 $0 $676 $0 $676 $85,788 Arterial and Collector Streets 20 60 100 20 $29,020 $0 $29,020 Intersections (Signalized and Roundabout) 15 30 60 15 $17,700 $0 $17,700 School Zone 15 30 50 15 $16,590 $0 $16,590 Opinion of Probable Construction Cost 12 40 12 $11,392 $0 $11,392 Site Visits (Design or Construction Phase) (Up to 3 Per Month) 10 50 $10,4101 S676 $6761 $11,086 Totalsi 1041 2401 2101 62 $97,624 $0 $0 $676 $0 $6761 $98,300 Assumptions Project Summary 1 Installation of pavement marking and signage will be completed by construction task order contracts with the City of Fort Worth (not design -bid -build). Total Hours 616 2 Project duration is assumed to be 10 months. Total Labor $97,624 3 Design services for are assumed to be based on aerial imagery and not include field survey data. Total Expense $676 MWBE Subconsultant $0 Non-MWBE Subconsultant $0 10% Sub Marl ly $0.00 MWBE Participation 0.0% Total Project Cost $98,300 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Professional Services Invoice Project Manager: IQuenellJohnson Project: IPavement Marking Maintenance Program City Project #: 1105164 I City Sec Number: Company Name: IFreese and Nichols, Inc. Supplier's PM: Todd Buckingham, P.E., ENV SP Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Supplier Instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: lodd.buckingham@freese.com Office Address 801 Cherry Street # 2800Fort Worth, Texas 76102 Telephone: 817-735-7517 Fax: 817-735-7491 Remit Address', 801 Cherry Street # 2800Fort Worth, Texas 76102 Sheet FID and Work Type Description Work Type 1 Design Services Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Agreement LTD Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Amount Amount Date Amount Spent Previously Invoice Balance $98,300.00 $98,300.00 $98,300.00 Totals This Invoice $98,300.00 98 300.0 $98,300.00 Overall Percentage Spent: Freese and Nichols, Inc. 817-735-7517 801 Cherry Street # 2800 Fort Worth, Texas 76102 CFW Project Manager Supplier's Project Manager. Supplier's PM email: Name of Project: 817-735-7491 801 Cherry Street # 2800 Fort Worth, Texas 76102 Quenell Johnson Todd Buckingham, P.E., ENV SP todd. bucking ham fa)freese.com Pavement Marking Maintenance Program I ahnr Catennry Name Invoice Supplier Project No. Proj. Invoice No. Invoice date: Period Service Date:From Service Date:To City Secretary Contract #: P.O. Number: Hnurc Rate IS/hrl Professional - 1 131.00 Professional - 2 160.00 Professional - 3 178.00 Professional - 4 206.00 Professional - 5 241.00 Professional - 6 275.00 Construction Manager - 1 113.00 Construction Manager - 2 140.00 Construction Manager - 3 152.00 Construction Manager-4 191.00 Construction Manager - 5 230.00 Construction Manager - 6 262.00 Construction Representative - 1 101.00 Construction Representative - 2 113.00 Construction Representative - 3 140.00 Construction Representative - 4 152.00 CAD Technician/Designer - 1 111.00 CAD Technician/Designer - 2 143.00 CAD Technician/Designer - 3 177.00 Corporate Project Support - 1 1 1 106.00 Corporate Project Support - 2 1 128.00 Corporate Project Support - 3 170.00 Intern/ Coop 65.00 Senior Advisor 175.00 Total Labor Subcontract Service Subcontractor Subtotal 10 Percent Markup on Subcontract Services Nonlabor Expenses Nonlabor Expense Subtotal 0.0 Total Expenses (Subcontract Services+Markup+Nonlabor Expenses) Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL DUE THIS INVOICE $0.00 Professional Services Invoice Project Manager: Quenell Johnson Project: Pavement Marking Maintenance Program City Project #: 105164 Work Type Desc: lDesign Services Supplier Instructions: FID: City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities Purchase Order: When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Name' Freese and Nichols, Inc. Supplier's PM: Todd Buckingham, P.E., ENV SP email: lodd.buckingham@freese.com Supplier Invoice #: Todd Buckingham, P.E., ENV SP Office Address 801 Cherry Street # 2800Fort Worth, Texas 76102 Payment Request #: Telephone: 817-735-7517 Service Date:From Fax: 817-735-7491 Service Date:To Invoice Date: Remit Address:801 Cherry Street # 280OFort Worth, Texas 76102 Pay Items Agreement LTD Agreement Amendment Amendment Amount to Completed Description Amount Number Amount Date Amount 30 - Design $98,300.00 $98,300.0 Totals This Unit: $98,300.00 98300.00 Overall Percentage Spent: Percent ($)Invoiced Spent Previously Current Remaining Invoice Balance $98,300.00 98 300.00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Pavement Marking Maintenance Program City Project No. 105164 No changes or amendments to the Standard Agreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Pavement Marking Maintenance Program Page 1 of 1 CPN 105164 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 Pavement Marking Maintenance Program Page 1 of 1 CPN 105164 ID Task Name 1 City of Fort Worth - Pavement Marking Maintenance Program - CPN 105164 2 Notice to Proceed 3 Task 1. Project Management 4 Kickoff Meeting 5 Monthly Project Update Meetings 6 Invoice and Project Status Reports 7 Task 2. Design Services 8 Pavement Marking and Signage Design Services 9 Conduct Field Visits Duration Start Finish 2025 2026 A I S I O 1 N I D J I F M i A' M' J J A S O N I D J F I M A M J J 200 days Fri 1111124 Thu 8/7/2511ity of Fort Worth - Pavement Marking Maintenance Program - CPN 105164 0 days Fri 11/1/24 Fri 11/1/24 11/1 ♦ Notice to Proceed 200 days Fri 11/1/24 Thu 817125 Task 1. Project Management 10 days Fri 11/1/24 Thu 11/14/24 Kickoo Meeting 10 mons Fri 11/1/24 i Thu 8/7/25 Monthly Project Update Meetings 10 mons Fri 11/1/24 Thu 8/7/25 Invoice and Project Status Reports 200 days Fri 11/1/24 Thu 817/25 i Task 2. Design Services 10 mons Fri 11/1/24 Thu 8/7/25 Pavement Marking and Signage Design Services 10 mons Fri 11/1/24 Thu 8/7/25 Conduct Field Visits Task ® External Tasks Pavement Marking Maintenance Program Split . . . . . . . . External Milestone CPN 105164 Milestone ♦ Inactive Task Date: Wed 9/25/24 Summary Inactive Milestone Project Summary Inactive Summary MooffiffiffiffiomM Manual Task E ] Finish -only 7 ♦ Duration -only Progress Manual Summary Rollup Deadline Manual Summary C C Start -only E Page 1 ATTACHMENT E - PROJECT LOCATION MAP Pavement Marking Maintenance Program (CPN 105164) ,s. 62 2, 93 E PARK R W[�R E ARKANS. IARa 1. E MAY FIELD d V R% 5 B L'�+ u , ' R1 e Y9 SUBLETT RR!? E SUq� l 14�T h1, E Ed EN RCS VARIOUS LOCATIONS WITHIN CITY OF FORT WORTH EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 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. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, Inc. Fort Worth, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth, Texas 1 of 1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2024-1219553 Date Filed: 09/26/2024 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. CPN 105164 Pavement Marking Maintenance Project 4 Name of Interested Party Archer, Charles Brown, Jessica Chambers, Robert Greer, Alan Hatley, Tricia Payne, Jeff Reedy, Michael Pence, Bob Coltharp, Brian 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Pam Fordtran My address is 800 N. Shoreline, Suite 160ON (street) Nature of interest City, State, Country (place of business) (check applicable) Controlling Intermediary Raleigh, NC United States X Fort Worth, TX United States X Fort Worth, TX United States X Fort Worth, TX United States X Oklahoma City, OK United States X Fort Worth, TX United States X Houston, TX United States X Fort Worth, TX United States X Fort Worth. TX United States X , and my date of birth is February 12, 1962 Corpus Christi TX 78401 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Nueces County, state of Texas on the 26thday ofSeptember20 24 (month) (year) �Q Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.48da51f7 FORT WORTH. Routing and Transmittal Slip Transuortation & Public Works Department DOCUMENT TITLE: Freese and Nichols, Inc. For: Pavement Marking Maintenance Project No. 105164 M&C: NA CPN: CSO: Date: To: Name I- Quenell Johnson 2. Anna Benavides 3. Martin Phillips 4. Lauren Prieur 5. Douglas Black 6. Jesica McEachern 7- Ronald Gonzales g. Jannette Goodall 9. Allison Tidwell 10 Tabitha Giddings 11 12 13 14 Department Initials TPW-Initials �BiZy TPW-Initials TPW- Initials AMAT TPW- Initials W- Legal- Signature )B 013 ACM- Signature ,M CSO — Initial CSO-Signature JC7 CSO-Assign �G �- TPW-Admin DOC#: Date Out DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs