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HomeMy WebLinkAboutContract 62435CSC No. 62435 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: On -Call Engineering Services — Various City Project Numbers. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $90,000.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03-08-2024 Page 1 of 14 On -Call Engineering Services Various City Project Numbers OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Designation of Engineer's Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER's "Project Manager" prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas On -Call Engineering Services Standard Agreement for Engineering Related Design Services Various City Project Numbers Revised Date: 03-08-2024 Page 2 of 14 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. E. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. F. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a City of Fort Worth, Texas On -Call Engineering Services Standard Agreement for Engineering Related Design Services Various City Project Numbers Revised Date: 03-08-2024 Page 3 of 14 deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. G. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. H. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. City of Fort Worth, Texas On -Call Engineering Services Standard Agreement for Engineering Related Design Services Various City Project Numbers Revised Date: 03-08-2024 Page 4 of 14 I. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. J. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Engineer acknowledges the MBE and WBE goals established for this Agreement and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. K. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with City of Fort Worth, Texas On -Call Engineering Services Standard Agreement for Engineering Related Design Services Various City Project Numbers Revised Date: 03-08-2024 Page 5 of 14 subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. L. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. M. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. N. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. O. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. P. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, City of Fort Worth, Texas On -Call Engineering Services Standard Agreement for Engineering Related Design Services Various City Project Numbers Revised Date: 03-08-2024 Page 6 of 14 at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Q. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. City of Fort Worth, Texas On -Call Engineering Services Standard Agreement for Engineering Related Design Services Various City Project Numbers Revised Date: 03-08-2024 Page 7 of 14 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. City of Fort Worth, Texas On -Call Engineering Services Standard Agreement for Engineering Related Design Services Various City Project Numbers Revised Date: 03-08-2024 Page 8 of 14 (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Fort Worth, Texas On -Call Engineering Services Standard Agreement for Engineering Related Design Services Various City Project Numbers Revised Date: 03-05-2024 Page 9 of 14 C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, City of Fort Worth, Texas On -Call Engineering Services Standard Agreement for Engineering Related Design Services Various City Project Numbers Revised Date: 03-08-2024 Page 10 of 14 commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all City of Fort Worth, Texas On -Call Engineering Services Standard Agreement for Engineering Related Design Services Various City Project Numbers Revised Date: 03-05-2024 Page 11 of 14 claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" City of Fort Worth, Texas On -Call Engineering Services Standard Agreement for Engineering Related Design Services Various City Project Numbers Revised Date: 03-05-2024 Page 12 of 14 shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or City of Fort Worth, Texas On -Call Engineering Services Standard Agreement for Engineering Related Design Services Various City Project Numbers Revised Date: 03-08-2024 Page 13 of 14 firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachmont E LOGatiGR Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date. Dec 12, 2024 ATTEST: Jannette Goodall City Secretary �O�nnIl� FORT�dd a 8 �9Ad duo -�d Pvo o=o PP * ooa oo *�C Padd4 �E4p5o4 APPROVED AS TO FORM AND LEGALITY kl 1 B\ :Douglas Black (Dec 10, 202423:17 CST) J Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03-05-2024 Page 14 of 14 BY: ENGINEER Kimley-Horn and Associates, Inc. 4,a4wa Scott R. Arnold Vice President Date: August 11, 2024 M&C No.: N/A M&C Date. N/A On -Call Engineering Services Various City Project Numbers OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORTWORTH., ATTACHMENT "A" Scope for On -Call Enqineerinq Services - Various Citv Project Numbers 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 projects completed under the Task Order agreement is to improve vehicular and pedestrian mobility and safety throughout the City for a variety of transportation improvement projects. Work under this agreement includes but is not limited to, project management, data collection, traffic studies, conceptual design, preliminary and final design, bidding, and construction phase services for transportation improvements. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Quality Control/ Quality Assurance City of Fort Worth, Texas Attachment A Revision Date: 05.23.2024 Page 1 of 30 Page 1 of 30 On -Call Engineering Services Various City Project Numbers FORTWORTH., 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. Refer to Task 10 for further details. • 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 • Attend one (1) constructability review meeting with CITY representatives, including Traffic Management, at the 60% submittal milestone • Conduct and document monthly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of each design phase • Conduct QC/QA reviews and document those activities. Refer to Task 10 for further details • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. Multi -month billing is not allowed. Months in which no work is being invoiced shall require submission of a $0.00 invoice. Prepare and submit monthly Project Status Reports in the format provided by the Transportation and Public Works Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. • Prepare and submit a preliminary Project Risk Register. Review Project Risk Register periodically with CITY Project Manager and make recommendations to mitigate, accept, or remove risks. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. City of Fort Worth, Texas Page 2 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 2 of 30 Various City Project Numbers FORTWORTH., • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • One (1) pre -design project kickoff/chartering meeting • One (1) constructability review meeting during design • XXX (X) monthly project update meetings during the design phase • At least three (3) plan review meetings • All submittals to the City shall be Quality checked prior to submission. • Project design phase is anticipated to take XXX (X) months (to be determined in each task order). • Project construction phase is anticipated to take XXX (X) months (to be determined in each task order). • XXX (X) monthly updates of Project Status Reports, DVIN forms, Opinion of Probable Construction Cost (OPCC), and project Schedule (to be determined in each task order). DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Preliminary Project Risk Register E. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly Project Status Reports G. OPCC updates with milestone submittals and when new cost figures are available H. Plan Submittal Checklists (See Task 10) Monthly invoices City of Fort Worth, Texas Attachment A Revision Date: 05.23.2024 Page 3 of 30 Page 3 of 30 On -Call Engineering Services Various City Project Numbers FORTWORTH., J. Monthly DVIN Report Form and Final Summary Payment Report Form City of Fort Worth, Texas Attachment A Revision Date: 05.23.2024 Page 4 of 30 Page 4 of 30 On -Call Engineering Services Various City Project Numbers FORTWORTH., 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 • Traffic Count Data: Microsoft Excel spreadsheet of Raw 24-hour and Turning Movement Count data gathered at 15-minute intervals at a minimum on all raw data collected. Provide Daily Summaries by Approach and Peak -Period Summaries by Approach. The spreadsheet shall be uploaded to the CITY's document management system (eBuilder) folder 'TPW Traffic Count Data'. In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in the 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. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans where necessary. 2.2. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) per Task 8. 2.3. Utility Clearance • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Conceptual Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those City of Fort worth, Texas Page 5 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 5 of 30 Various City Project Numbers FORTWORTH., conflicts to be included in a Utility Clearance Letter for coordination. The ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • The ENGINEER shall upload a PDF file of the CITY- approved conceptual plan set to the designated project folder in the City's document management system (eBuilder) for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. 2.4. Engineering Design Report To ensure adherence to project scope, that the design approach is in line with project objectives, and to obtain concurrence on the development of the conceptual layout, ENGINEER shall prepare and submit a design report in the format provided by the CITY prior to developing conceptual plans. The CITY shall review and provide feedback on the report prior to ENGINEER starting the conceptual design. 2.5 The Conceptual Design Package shall consist of 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. • Traffic Engineering study corridor analysis study or alignment/feasibility study to support the recommended design alternative. Intersection Control Evaluation Report (ICE) may be required if applicable. • Conceptual Design Report (Arterials) in the format provided by the CITY • Conceptual iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table • Traffic Count Data: eBuilder. See Data Collection above. • Existing typical sections of the roadway to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. • Conceptual plan and profile sheets showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities, and existing roadway vertical alignments (profiles). • Documentation of key design decisions. • Estimates of probable construction cost. City of Fort Worth, Texas Attachment A Revision Date: 05.23.2024 Page 6 of 30 Page 6 of 30 On -Call Engineering Services Various City Project Numbers FORTWORTH., ASSUMPTIONS • All stormwater calculations and design shall conform to the CITY's current iSWM Criteria Manual for Site Development and Construction. • Two (2) sets of 11"x17" 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 (eBuilder). • ENGINEER will not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Report B. Traffic Count Data C. Traffic Engineering Study D. Conceptual Drainage Checklist E. Conceptual Design Package F. ROW and Easement needs (M&B) G. Utility Conflict Plan PDF and Utility Conflict Table City of Fort Worth, Texas Attachment A Revision Date: 05.23.2024 Page 7 of 30 Page 7 of 30 On -Call Engineering Services Various City Project Numbers FORTWORTH., 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 consist of the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Utility Conflict Matrix • Preliminary iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. • Traffic Control Plan including all construction signage and pavement markings which will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. • 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). • Updated existing and proposed typical section sheets. • Updated roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. • No less than two benchmarks per plan/profile sheet. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Overall project easement layout sheet(s). • Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs, sidewalks, driveways, lane dimensions and arrows, and existing and proposed contours (0.25' intervals) • Preliminary roadway details to include curbs, curb expansion joints, driveways, sidewalks, pavement, streetlights, traffic signals, and all applicable utility details. • Preliminary signing, pavement marking, illumination, and signal layouts. City of Fort Worth, Texas Page 8 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 8 of 30 Various City Project Numbers FORTWORTH., ENGINEER will delineate the watershed based on contour data and field verification and document existing street, right-of-way and storm drain capacities for the subject site. A drainage area map will be drawn at maximum 1" = 200' scale from available 2-foot contour data with the contours labeled. Data source and year will be provided by the CITY. Calculations regarding street and right-of- way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Other frequencies as required by iSWM criteria may be appropriate for outfalls and sensitive locations. Capacities of existing storm drain will be calculated and shown. All calculations shall conform to CITY criteria delineated in the CITY's current iSWM Criteria Manual for Site Development and Construction. All locations in the project area where 100-year runoff exceeds available storm drain and right-of-way capacities shall be clearly identified. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. • Storm drain layout sheets showing location and size of all inlets, manholes, junction boxes, culverts and piping to include storm drain profiles showing existing and proposed flow lines, flows, lengths and slopes of pipe, top of ground profile over pipe and connections to existing or proposed storm sewer systems. • Documentation of key design decisions. Estimates of probable construction cost (OPCC). This estimate shall use standard CITY or TxDOT bid items, as applicable. 3.2. Geotechnical Investigation/Pavement Design Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. • The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2015. The study shall include recommendations regarding utility trenching and identify existing groundwater elevation at each boring. 3.3. Constructability Review • Prior or posterior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4. Community Meeting After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER will prepare project exhibits, assist the project manager in preparing a presentation of the most appropriate format (most usually in PowerPoint), and attend one (1) community meeting to help explain the proposed project to residents. The City of Fort worth, Texas Page 9 of 30 Attachment A Revision Date: 05.23.2024 Page 9 of 30 On -Call Engineering Services Various City Project Numbers FORTWORTH., 3.5. CITY shall select a suitable location, time and date. The Engineer needs to coordinate with the City's project manager to format the mailing list of all affected property owners. Utility Clearance The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public 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. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and, where known and possible, consider potential future utilities in designs. • Where conflicts cannot be avoided, coordination of Utility Conflicts will be identified at the Conceptual phase and begin at the Preliminary Design phase. In the case of a private Utility Conflict, the ENGINEER shall upload a set of plans in PDF format with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts in the City's document management system (eBuilder). The PDF file should be created directly from the CAD files. At each design milestone, the City PM will issue a Utility Clearance Letter to be accompanied by said plans and table to all utility companies which have facilities within the limits of the project for coordination The ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • ENGINEER to obtain utility As -built plans and/or do field visits to confirm relocation is complete and that the utility has been relocated in accordance with the plans and the project needs, report any discrepancies found, and provide documentation to support findings. • ENGINEER to upload all utility As -built plans in the City's document management system (eBuilder) 3.6 Meeting minutes ASSUMPTIONS • Two (2) sets of 11"x17" size plans will be delivered for the 60% design for review coordination. • One (1) set of the Project Manual (Contract and Specifications) will be delivered for the 60% design. • The following shall be uploaded to the designated project folder in the City's document management system (eBuilder): ■ Single PDF file created from design CAD drawings. ■ The Project Manual (Contract and Specifications) ■ All other submitted documents and checklists City of Fort Worth, Texas Attachment A Revision Date: 05.23.2024 Page 10 of 30 Page 10 of 30 On -Call Engineering Services Various City Project Numbers FORTWORTH., • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • X (X) Public Meeting is assumed (to be determined in each task order) • 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. Utility Conflict Coordination Package C. Geotechnical Report D. Opinion of probable construction cost (OPCC) E. Community Meeting exhibits City of Fort Worth, Texas Attachment A Revision Date: 05.23.2024 Page 11 of 30 Page 11 of 30 On -Call Engineering Services Various City Project Numbers FORTWORTH., TASK 4. FINAL DESIGN (90% AND 100%) A. FINAL DESIGN (90 PERCENT) Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans (90%) and Project Manual shall be submitted to CITY per the approved Project Schedule. • The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in the Utility Clearance Letter to be issued by the City PM. • The ENGINEER shall submit an estimate or OPCC. B. FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • Drainage Study checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. • A Quantity Summary page will be included in both the 90% and 100% design plans. Each design sheet of the plans shall also include a quantity take off table. • The ENGINEER shall submit an OPCC. ASSUMPTIONS • Two (2) sets of 11"x17" size drawings and one (1) set of the Project Manual will be delivered for the 90% Design package. • A PDF created from design CAD drawings and CAD files for the 90% Design and will be uploaded to the project folder in the City's document management system (eBuilder). • One (1) set of 11 "x17" size drawings and one (1) set of specifications will be delivered for the 100% Design package. • A PDF created from design CAD drawings and CAD files will be uploaded to the project folder in the City's document management system (eBuilder). DELIVERABLES A. 90% construction plans and specifications including QC/QA documentation. B. Utility relocation package. C. 100% construction plans and Project Manual including QC/QA documentation. City of Fort worth, Texas Page 12 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 12 of 30 Various City Project Numbers FORTWORTH., D. 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 E. Cover sheet in PDF format for the signatures of authorized CITY officials. City of Fort Worth, Texas Attachment A Revision Date: 05.23.2024 Page 13 of 30 Page 13 of 30 On -Call Engineering Services Various City Project Numbers FORTWORTH., TASK 5. BID PHASE SERVICES. The CITY reserves the right to deliver the project by bidding it, issuing a work order out of an existing a unit price contract or by alternative delivery. ENGINEER will support the construction procurement phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto the City's document management system (eBuilder) for records. • Project Manual shall be uploaded in a single PDF file in eBuilder as well as individual files as required to be included in the City's procurement portal, Bonfire. • Bid Proposal Document of the Contract documents shall be uploaded in a file format of filename extension ".xls". • Unit Price Proposal documents are to be created utilizing the city's unit price tool only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, that will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to the City's document management system (eBuilder) in two formats, PDF and CAD files. The PDF will consist of one file of the entire plan set. The ENGINEER will coordinate with the PM to respond to Vendor Discussions (RFI) and issue Public Notices (addenda) when necessary, in Bonfire. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidder's questions and requests in the form of addenda. The ENGINEER will coordinate with the City PM to upload all approved addenda onto Bonfire as well as eBuilder. • Attend the pre -bid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Review all materials received from bidders/proposers, assist the CITY in evaluating them, and recommend the award of the contract. A copy of all submitted materials is to be uploaded into the project's Bid Results folder on the City's document management system (eBuilder) • Incorporate all addenda into the contract documents and issue conformed sets. After the bid opening, ENGINEER will provide a minimum of 5 full sets of plans, 5 half-size sets and 2 copies of the conformed Project Manual set incorporating all approved addenda. City of Fort worth, Texas Page 14 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 14 of 30 Various City Project Numbers FORTWORTH., ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Construction documents will only be made available on the City's procurement platform, Bonfire. • Construction documents will not be printed by the CITY and made available for purchase by plan holders and/or given to plan viewing rooms. • All procurement materials will be uploaded to the City's procurement platform, Bonfire, as well as eBuilder. DELIVERABLES A. Addenda B. Recommendation of award as required per project C. Construction documents (conformed) City of Fort Worth, Texas Attachment A Revision Date: 05.23.2024 Page 15 of 30 Page 15 of 30 On -Call Engineering Services Various City Project Numbers FORTWORTH., TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1. Construction Support • The ENGINEER shall attend the pre -construction conference. • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location or media and mail notices to the nearby residents and other stakeholders. • The ENGINEER shall conduct periodic site visits as needed during the duration of construction. The ENGINEER will prepare or collaborate with the CITY PM on a Construction Progress Report using the CITY's standard format and upload in the City's document management system (eBuilder). • 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 (eBuilder). • ENGINEER shall review material substitution requests, issue a recommendation and incorporate approved substitutions into the Record Drawings. 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 attend the "Final" project walk-through and assist with the preparation of the 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 provided by the contractor, which includes vertical and horizontal coordinates of all water, sewer and storm drain assets, and in accordance with the Construction (As -Built) Survey Specification. ENGINEER shall verify the accuracy of the data provided by the contractor and conformance with requirements. City of Fort worth, Texas Page 16 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 16 of 30 Various City Project Numbers FORTWORTH., o Red -Line Markups from the Contractor o Red -Line Markups from City Inspector o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: 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). The set must include the cover sheet bearing City official signatures. 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) CAD file for the TPW plan set and a separate PDF and CAD file for the Water plan set, if required. Each PDF file shall contain all associated sheets of the particular plan set. Sinaular PDF files for each sheet of a clan set will not be accepted. PDF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF files shall be uploaded to the project's Record Drawing folder in the City's document management system (eBuilder). For information on the proper manner to submit Record Drawing 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 City of Fort worth, Texas Page 17 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 17 of 30 Various City Project Numbers FORT WORTH., appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • XXX (X) Pre -Construction Community Meeting is assumed (to be determined in each task order). • XXX (X) site visits are assumed (to be determined in each task order). • XXX (X) submittal reviews are assumed (to be determined in each task order). • XXX (X) RFI's are assumed (to be determined in each task order). • XXX (X) Change Orders are assumed (to be determined in each task order). DELIVERABLES A. Community meeting exhibits C. Response to Contractor's Request for Information D. Review of Change Orders E. Review of shop drawings G. Record Drawings in electronic format City of Fort Worth, Texas Page 18 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 18 of 30 Various City Project Numbers FORTWORTH., TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right -of -Way Research • The ENGINEER shall determine rights -of -way and easement needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The ENGINEER shall prepare a ROW and Easement parcel reference map showing and designating all land interests for project. The map shall be revised as necessary throughout the land acquisition process. • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system (eBuilder) Project Resources folder. • When required, ENGINEER shall provide a Schedule B Analysis in conformance with Real Estate requirements. 7.3. Right-of-Way/Easement Acquisition Services. • The ENGINEER shall procure appraisal services by licensed appraisers for all land interests in the project. • The ENGINEER shall issue offer letters to property owners and negotiate land rights costs. • All work shall be conducted in coordination with the City's project manager, and the City's Property Management Department, and in conformance with the Texas Property Code Chapter 21 Eminent Domain guidelines to allow the City to exercise eminent domain should it be necessary. • Should the City decide to proceed with eminent domain, the ENGINEER will provide all documentation to support the legal process, provide any additional support, and may be required to be an expert witness at the Land Commissioner's Hearing. 7.4. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER should coordinate with the City project manager to identify all needed Temporary Right of Entries from landowners. It is assumed that letters will only be required for landowners adjacent to construction or who are directly affected by the project and no easement is required to enter their property. City of Fort worth, Texas Page 19 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 19 of 30 Various City Project Numbers FORTWORTH., • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system (eBuilder) Project Resources folder. ASSUMPTIONS • To be determined in each task order. Right-of-way research consists of the review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the ioroiect and available on -around property information (i.e. iron rods, fences. stakes. etc.). It does not include effort for the chain of title research, parent track research, additional research for easements not included in the TAD records, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. • General requirements: • Contact name and mailing address for the landowner • Title policy for each permanent easement • Title search through a search company (i.e. Hollerbach or TDI) verifying ownership for each TCE • Engagement and provision of an appraisal for each take from a Texas - registered appraisal firm. • Signed and notarized easements with exhibits. • Copy of offer letter indication agreed -upon compensation • Entity research including providing signing authority verification for a corporate landowner • Contact log of communication with the landowner • Signed W 9 from landowner • Eminent Domain requirements: Critical for an eminent domain proceeding is as follows and shall be the responsibility of the acquisition agent: • Appraisal of the take less than 1 year old • Initial offer and final offer letters (IOL 30-day period, FOL 14-day period) • Proof of the provision of Texas Landowners Bill of Rights to the landowner in both offer letters (City Fort Worth sends offer letters via registered mail) • Title work identifying any other entities on the property that need to be served as part of eminent domain proceedings. (Schedule B analysis of Title Commitment) City of Fort Worth, Texas Page 20 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 20 of 30 Various City Project Numbers FORTWORTH., • Contact log of all contact and negotiations with landowner and/or their representative. DELIVERABLES A. XXX (X) Easement exhibits and meets and bounds provided on CITY forms (to be determined in each task order). B. ROW and Easement parcel map C. XXX (X) Temporary Right of Entry cover letters (to be determined in each task order). D. XXX (X) Temporary Right of Entry documents (to be determined in each task order). E. If applicable, Eminent Domain support documents City of Fort Worth, Texas Attachment A Revision Date: 05.23.2024 Page 21 of 30 Page 21 of 30 On -Call Engineering Services Various City Project Numbers FORTWORTH., TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in the design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, and trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slopes to fit intersecting grade lines. • Right-of-way research includes a review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the oroiect and tied to available on -around orooerty information (i.e. iron rods, fences. stakes. etc.). • The minimum survey information to be provided on the plans shall include the following: — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y, and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinates on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of the radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal benchmarks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal • The documentation shall be provided in conformance with the checklists and templates available in the City's document management system resources folder. City of Fort Worth, Texas Page 22 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 22 of 30 Various City Project Numbers FORTWORTH., 8.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level D, C, 8, and A, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Qualitv Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate utility type and ownership; date of depiction; quality level(s); endpoints of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Qualitv Level C (includes tasks as described for Qualitv Level Dl • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground -mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems, if such features have not already been surveyed by a professional surveyor. If previously surveyed, check survey data for accuracy and completeness. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. City of Fort worth, Texas Page 23 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 23 of 30 Various City Project Numbers FORTWORTH., Level B (includes tasks as described for Quality Level C) • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY'S approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations where conflicts may occur. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. ASSUMPTIONS • Up to XXX (X) Level A test holes are included (to be determined in each task order). Level A test hole information to be provided: 1. Before design, to supplement the design survey. 2. Before construction, at critical locations, to confirm franchise utility conflict has been cleared. DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. SUE plan drawings sealed by a professional engineer registered in the State of Texas. City of Fort worth, Texas Page 24 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 24 of 30 Various City Project Numbers FORTWORTH., TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any agreements and/or permits normally required for a project of this size and type, as follows: 9.1. Texas Department of Transportation (TxDOT) Permit • Meet, negotiate, and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY and TxDOT review • Submitting revised forms for agency review • Responding to agency comments and requests 9.2. Railroad Permit • Meet, negotiate, and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests 9.3. Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • ENGINEER is responsible for providing plans that comply with TDLR requirements. • Submit construction documents to the TDLR. • Completing all TDLR forms/applications necessary. • Obtain the Notice of Substantial Compliance from the TDLR. • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests. • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the project. City of Fort worth, Texas Page 25 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 25 of 30 Various City Project Numbers FORTWORTH., 9.4. Storm Water Pollution Prevention Plan • For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The ENGINEER will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. 9.5. Environmental Services [provide a detailed scope if US Army Corp of Engineers Section 404 Nationwide Permit or individual permit is required] • Negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests 9.6. Floodplain Services • Meet, negotiate, and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests 9.7. Tree Removal Permit • ENGINEER shall coordinate with the City Forester in the Park and Recreation Department (PARD), submit and obtain approval of a Tree Removal Permit when required. • Respond to department comments and requests for additional information. ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. • XXX (XXX) meetings are assumed with for the permit (to be determined in each task order). DELIVERABLES A. Copies of Permit Applications B. Copies of Approved Permits City of Fort worth, Texas Page 26 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 26 of 30 Various City Project Numbers FORTWORTH., TASK 10. QUALITY CONTROL / QUALITY ASSURANCE ENGINEER to provide to the CITY a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. No additional time will be granted. 10.1. QC/QA of Survey and SUE Data • The ENGINEER's Surveyor shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 10.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. • The documentation of a QC/QA review includes (1) a copy of the color -coded, original marked -up document (or "check print") developed during the QA City of Fort Worth, Texas Page 27 of 30 Attachment A Revision Date: 05.23.2024 On -Call Engineering Services Page 27 of 30 Various City Project Numbers FORTWORTH., checking process and/or review forms which sequentially list documents and associated comments; and (2) a summary list of the findings of the QC effort. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: - PDF of the completed Detailed Checklists If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted to the design schedule for a returned submittal. ENGINEER shall plan to recover the lost time with future project milestones remaining unchanged. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the CITY will be quality -checked before submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in the City's document management system (eBuilder). DELIVERABLES • QC/QA documentation • Comment Resolution Log • Summary of the QC effort findings City of Fort Worth, Texas Attachment A Revision Date: 05.23.2024 Page 28 of 30 Page 28 of 30 On -Call Engineering Services Various City Project Numbers FORTWORTH., TASK 10. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMEN—S Street Water Traffic Traffic Traffic Traffic Storm Storm "A" Lights g /Sewer Traffic Control Control Cont Control Attachment Signal Water Water (Submit Engineering (Submit 30% 60 /0 90 /o Type (Submit All 30% 60% All @ (Submit All All @ @ 30%) 30% @ 60%) 60%) Required for all work in City ROW Street X X X X X' X X X Storm Water X X X X X Water / Sewer X X X X *If included in the street project City of Fort Worth, Texas Attachment A Revision Date: 05.23.2024 Page 29 of 30 Page 29 of 30 On -Call Engineering Services Various City Project Numbers FORTWORTH., ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scooe 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, unless included as part of Section 7. • Services related to disputes over pre -qualification, bid protests, bid rejection, and re- bidding of the construction contract. • Administration of the construction contract and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake, or other acts of God. • Services related to warranty claims, enforcement, and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A Revision Date: 05.23.2024 Page 30 of 30 Page 30 of 30 On -Call Engineering Services Various City Project Numbers ATTACHMENT B COMPENSATION Design Services for On -Call Engineering Services Various City Project Numbers 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 Cateaory 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 Years Experience Rate ($/hour) Senior Project Manager / Project Director 15+ $304 Senior Professional / Senior Project Engineer 10+ $284 Project Manager 5+ $244 Professional / Project Engineer 5+ $209 Analyst III / EIT III 3+ $179 Analyst II / EIT II 2+ $169 Analyst I / EIT 1 1+ $164 Administrative 1+ $115 Intern 0+ $95 Labor rates shall be increased by 5% on each annual anniversary of the effective date of this Agreement. ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value-added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 On -Call Engineering Services Page 1 of Various City Project Numbers B-1 ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 4 On -Call Engineering Services Various City Project Numbers AM ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm I Primary Responsibility Prime Consultant Kimley-Horn and Project Management, Associates, Inc. Engineering Services Proposed MWBE Sub -Consultants GRAM Traffic North Traffic Counts Texas Alliance Geotechnical Geotechnical Engineering Group, Inc. Services The Rios Group, Inc. Subsurface Utility Engineering, Public Relations Yellow Rose Mapping Topographic survey LLC Non-MWBE Consultants Spooner and I Topographic Survey Associates, Inc. Project Number & Name On -Call Engineering Services Various City Project Numbers City MWBE Goal = n/a City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 TOTAL Total Fee $90,000.00 Fee Amount I % $76,000.00 1 84.4% $2,000.00 2.2% $2,000.00 2.2% $3,000.00 3.4% $2,000.00 2.2% $5,000.00 5.6% $90,000.00 100% MWBE Fee MWBE % $9,000.00 10% Consultant Committed Goal = n/a On -Call Engineering Services Various City Project Numbers B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 On -Call Engineering Services Various City Project Numbers Professional Services Invoice Project Manager: IChadAllen. P.E. Project: On -Call Engineering Services City Project #: lVarious City Sec Number: Company Name: IKimley-Horn and Associates, Inc. Supplier's PM: Scott R. Arnold Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Summary Supplier Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: scott.arnold@kimley-horn.com Office Address: 801 Cherry Street, Unit 11Suite 1300Fort Worth, Texas 76102 Telephone: 817-335-6511 Fax: Remit Address: P.O. Box 951640Dallas, Texas 75395 Agreement LTD Agreement Amendment Amountto Completed Percent ($)Invoiced Current Remaining Sheet FID and Work Type Description Amount Amount Date Amount Spent Previously Invoice Balance Work Type 1 Design $90,000.00 $90,000.00 $90,000.00 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Invoice $90,000.00 $90,000.00 $90,000.00 Overall Percentage Spent: Kimley-Horn and Associates, Inc. Suite 1300 CFW Project Manager Supplier's Project Manager: Supplier's PM email. Name of Project: P.O. Box 951640 Dallas, Texas 75395 Chad Allen, P.E. Scott R. Arnold Scott arno d kim a -horn com On -Call Engineering Services I ahnr ratannry Namp Invoice Supplier Project No. Proj. Invoice No. Invoice date: Period Service Date:From Service Date:To City Secretary Contract #: P.O. Number: Hnnrc Ratp /R/hrl Senior Project Manager/Project Director 304.00 Senior Professional/Senior Project Engineer 284.00 Project Manager 244.00 Profesional/Project Engineer 209.00 Analyst III/EIT III 179.00 Analyst II/EIT II 169.00 Analyst I/EIT 1 164.00 Administrative 115.00 Intern 95.00 Total Labor Subcontract Service GRAM Traffic North Texas Alliance Geotechnical Group, Inc. The Rios Group, Inc. Yellow Rose Mapping LLC Spooner and Associates, Inc. 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 TOTAL DUE THIS INVOICE $0.00 Professional Services Invoice Project: On -Call Engineering Services City Project #: Various Work Type Desc: lDesign FID: City Sec Number: Purchase Order: Company Name: Kimley-Horn and Associates, Inc Supplier's PM: Scott R. Arnold Supplier Invoice #: Scott R. Arnold Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items 30 - Design Description Project Manager: Chad Allen, P.E. Supplier Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consuftant folder within Project's folder. email: scoft.arnold@kimley-horn.com Office Address: 801 Cherry Street, Unit 11Suite 1300Fort Worth, Texas 76102 Telephone: 817-335-6511 Fax: Remit Address: P.O. Box 9516400allas, Texas 75395 On -Call Engineering Services Totals This Unit: Agreement LTD Agreement Amendment Amendment Amountto Completed Amount Number Amount Date Amount $90,000.00 $90,000.00 $90,000.00 $90.000.00 Overall Percentage Spent Percent ($)Invoiced Spent Previously Current Remaining Invoice Balance $90,000.00 $90,000.00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for On -Call Engineering Services Various City Project Numbers No changes to the Standard Agreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 On -Call Engineering Services Page 1 of 1 Various City Project Numbers 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 On -Call Engineering Services Revision Date: 07.20.201 s Various City Project Numbers Page 1 of 1 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. 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 by the 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 On -Call Engineering Services Various City Project Numbers 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 On -Call Engineering Services Various City Project Numbers 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 consentto alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincidentwith 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 On -Call Engineering Services Various City Project Numbers POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 ❑ A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 04/01/2024 forms a part of Policy No. WC 015-89-3685 Issued to KIMLEY-HORN AND ASSOCIATES, INC. By NEW HAMPSHIRE INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2_0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: INCLUDED WC 42 03 04 B Countersigned by (Ed. 6-14) Authorized Representative QCopyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. EPAG-Kimley-Horn On -Call Engineering Services - Various City Project Numbers Final Audit Report 2024-11-06 Created: 2024-11-04 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Filled Transaction ID: CBJCHBCAABAAJeYuugzjlgEpLUppDh5MBMchalE097Cq "EPAG-Kimley-Horn On -Call Engineering Services - Various City Project Numbers" History '` Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2024-11-04 - 6:05:39 PM GMT- IP address: 204.10.90.100 Document emailed to Jaylyn Harrelson (jaylyn.harrelson@fortworthtexas.gov) for filling 2024-11-04 - 6:07:27 PM GMT Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) added alternate form filler Alexandra Ripley (Alexandra.Ripley@fortworthtexas.gov). The original form filler Jaylyn Harrelson (jaylyn.harrelson@fortworthtexas.gov) can still fill the form. 2024-11-05 - 2:54:29 PM GMT- IP address: 204.10.90.100 - Document emailed to Alexandra Ripley (Alexandra.Ripley@fortworthtexas.gov) for filling 2024-11-05 - 2:54:29 PM GMT Form filled by Jaylyn Harrelson (jaylyn.harrelson@fortworthtexas.gov) Form filling Date: 2024-11-06 - 7:26:56 PM GMT - Time Source: server- IP address: 204.10.90.100 ! Agreement completed. 2024-11-06 - 7:26:56 PM GMT FoRTWORTH, I P—e'b' Adobe Acrobat Sign FORT WORTH Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Kimley-Horn On -Call Engineering Services - Various City Project Numbers M&C N/A DATE: 10-24-2024 TO: 1. Jaylyn Harrelson 2. Chad Allen 3. Lissette Acevedo 4. Patricia Wadsack 5. Lauren Prieur 6. Doug Black 7. Jesica McEachern 8. Jannette Goodall 9. TPW Contracts CPN N/A CSO # DOC# INITIALS DATE OUT - review Nov 6, 2024 - review krovd via Agjloft_ TD- 1 562 - review - review - review - signature Dec 10, 2024 - signature ,a` Dec 12, 2024 - signature JG 76 Dec 13, 2024 i DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes Z No RUSH: ❑ Yes ❑ No SAME DAY: ❑ Yes ® No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: ❑ Yes ❑ No Action Reauired: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Return To: Please calITPW Contracts at ext. 7233 for pick up when completed. Thank you.