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HomeMy WebLinkAboutContract 63698City Secretary Number: SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT (Construction Phase Engineering) Project No. 106051 This SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas and 307 W. Daggett Development, LLC ("Developer"). City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, the City's Development Services Department has a small-scale infrastructure program for the design and construction of small-scale and infill-type public infrastructure improvement projects ("Program"); and WHEREAS, Developer is developing property within the City for a project located at 307 W. Daggett Ave and generally known as 307 W. Daggett Development ("Project") and Developer desires to use the Program for the Project; and WHEREAS, pursuant to the Program, the City can design and construct public infrastructure necessary for the Project and Developer will pay all costs for the design and construction of the public infrastructure; and WHEREAS, City and Developer desire to enter into this Agreement for Developer to utilize the Program for the Project; WHEREAS, Shield Engineering Group, PLLC ("Shield") entered into an agreement with the City to provide engineering services for the Program; and WHEREAS, Developer previously entered into a separate contract with Shield to provide engineering services to Developer for the design and construction of the Project; and WHEREAS, City and Developer desire to utilize City's contract with Shield for Shield to provide the construction phase engineering services for the Project through the Program with Developer paying all costs for construction phase engineering services directly to Shield through Developer separate agreement with Shield; NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, City and Developer hereby agree as follows: SECTION 1. SCOPE (a) Developer has entered into a separate contract with Shield to design the public infrastructure improvements for the Project ("Improvements"). City shall obtain the construction phase engineering services for the Improvements through the use of Shield ("Engineer") in accordance with the Engineering Task Order which is attached hereto as Exhibit "A" and incorporated herein by reference. Developer has reviewed and approved the Task Order and agrees to all statements in the Task Order. Developer shall submit the engineering design of the Improvements to the SSIP OFFICIAL RECORD SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT CITY SECRETARY Page 1 of 11 (Construction Phase Engineering) FT. WORTH, TX Rev. 1/25 staff for review and acceptance and Developer shall be responsible for all costs and any revisions to the engineering design through Developer's separate contract with Engineer. Developer shall have the opportunity to review the final design of the Improvements to identify any errors, deficiencies, or conflicts that must be addressed before construction of the Improvements. Upon completion of the engineering plans and acceptance of the engineering plans by the City and Developer, the engineering plans are incorporated by reference into this Agreement. Developer understands that any revisions to the engineering plans requested by Developer after the acceptance of the final design, or required after construction of the Improvements commences, must be performed by Engineer and paid by Developer through Developer's separate contract with Engineer. (b) Developer understands and agrees that City makes no representation or promise relating to: (1) the date the engineering plans will be completed by Engineer and accepted by the City; (2) that Engineer will complete the engineering plans; or (3) the cost of the Engineer's services. If the City's agreement with Engineer is terminated, or Engineer is in default under its agreement with the City, the City may offer a substitute engineer to provide the engineering services under this Agreement ("Substitute Engineer"). (c) Upon completion of the engineering plans, City shall contract with the third -party construction contractor identified in the Construction Task Order ("Contractor"). The construction Task Order will be reviewed and approved by Developer which will be incorporated by reference into this Agreement upon execution by the City and Developer. (d) Developer understands and agrees that City makes no representation or promise relating to: (1) the date the Improvements will be constructed by the Contractor and accepted by the City; (2) that the Contractor will complete construction of the Improvements; or (3) the cost of construction. If the City's agreement with Contractor is terminated, or the Contractor is in default under its agreement with the City, the City may offer a substitute contractor to construct or complete construction of the Improvements ("Substitute Contractor"). (e) Developer understands and agrees that construction of public infrastructure can result in unforeseen circumstances that may result in project delays or additional expenses. Developer further understands that if subsurface utility engineering ("SUE") was not be included in the scope of the engineering services provided to Developer by Engineer under their separate agreement, proceeding without SUE may result in delays or additional costs for the Project for which Developer will be responsible. City shall not be liable to Developer for any delays or increased costs to Developer that result from the design and construction of the Project set forth in this Agreement. (f) City will not provide any engineering or construction management services to Developer pursuant to this Agreement. SECTION 2. TERM The term of this Agreement shall begin on the date signed by the City's Assistant City Manager ("Effective Date") and shall expire two years from the Effective Date ("Initial Term"), unless terminated earlier in accordance with the provisions of this Agreement. This Agreement may be extended by parties by the execution of a written amendment. SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 2 of 11 (Construction Phase Engineering) Rev. 1/25 SECTION 3. COMPENSATION (a) Developer shall pay all costs of the Engineer directly to Engineer. Developer shall pay to City all costs of the Contractor, and any Substitute Contractor, for the construction of the Improvements. City shall collect the fees from Developer and remit them to the Contractor. City shall not pay for any of the engineering costs, construction costs, or any other costs associated with design and construction of the Improvements. The fees charged by Contractor shall not be on a lump sum or fixed fee basis. (b) Upon execution of this Agreement by Developer, Developer has paid to the City the estimated construction costs, including contingency funds, in the amount of $39,202.90. The amounts paid to the City are based on estimates. Prior to the City allowing Contractor to proceed to construction, the City will provide Developer with a construction Task Order that includes a projected construction cost with contingency based on the final engineering plans ("Projected Construction Cost"). If the estimated construction costs paid by the Developer are less than Projected Construction Cost, Developer shall pay the difference to the City upon request from the City. City will not allow the Contractor to proceed to construction until any additional costs owed to the City are paid by Developer. (c) If during the design or construction of the Improvements, the estimated fees paid by Developer are insufficient to pay for the construction costs incurred on the Project, Developer must pay the shortage to the City before construction of the Improvements may continue. (d) Upon completion of the construction of the Improvements, the City will reconcile the actual construction costs for the Improvements with the estimated construction costs paid by Developer. If the actual construction costs are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual construction costs are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. The City shall not issue a certificate of occupancy or final inspection for any building relating to the Improvements or final plat for the Project until all fees owed to the City have been paid by Developer. SECTION 4. TERMINATION If Developer terminates this Agreement before construction of the Improvements is completed and accepted by the City, Developer agrees to vacate any final plats that have been filed with the county where the Project is located, and City may suspend, refuse to issue, or refuse to final all building permits, trade permits, and other permits that are associated with any buildings or other on -site improvements being constructed as part of Developer's project. If Developer terminates this Agreement before construction of the Improvements is completed and accepted by the City, Developer must execute a community facilities agreement with the City to construct the Improvements. SECTION 5. CONNECTION OF PUBLIC AND PRIVATE INFRASTRUCTURE Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. Developer will not allow Developer's contractors to SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 3 of 11 (Construction Phase Engineering) Rev. 1/25 connect private infrastructure to paving and drainage constructed pursuant to this Agreement, if any, until said paving and drainage have been completed to the satisfaction of the City. SECTION 6. UTILITIES Developer shall be responsible for identifying, locating, and causing or paying for the installation or adjustment of all utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. SECTION 7. CERTIFICATES OF APPROPRIATENESS Developer shall be responsible for obtaining all Certificates of Appropriateness ("COA") for the Project, if a COA is required for the Project. The City cannot allow the construction of the Improvements to begin before all required COAs are obtained by Developer. If Developer chooses to proceed with the design of the Improvements without a COA issued by the City, Developer understands that delays may occur and the Engineer may be required to redesign the Improvements, which will be at Developer's sole cost and expense. SECTION 8. EASEMENTS AND RIGHTS -OF -WAY Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. Developer shall assist City, Engineer and Contractor, and pay all costs for obtaining rights of entry or temporary construction easements necessary to construct the Project. SECTION 9. LIABILITY AND INDEMNIFICATION (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE ENGINEERING PLANS AND SPECIFICATIONS. (b) DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANYCHARACTER, WHETHERREAL ORASSERTED, BROUGHTFOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR ANY LOST PROFITS SUFFERED BY DEVELOPER, OR DAMAGE TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF THE IMPROVEMENTS, OR ON ACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR INPART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 4 of 11 (Construction Phase Engineering) Rev. 1/25 SECTION 10. NOTICES All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: City of Fort Worth Development Services Department Attn: Small -Scale Infrastructure Program 100 Fort Worth Trail Fort Worth, Texas 76102 With conies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 DEVELOPER: 307 W. Daggett Development, LLC 307 Galveston Ave Fort Worth, TX 76104 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. SECTION 11. RIGHT TO AUDIT Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. SECTION 12. INDEPENDENT CONTRACTOR SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 5 of 11 (Construction Phase Engineering) Rev. 1/25 It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. SECTION 13. APPLICABLE LAW; VENUE This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 14. NON -WAIVER The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any fixture occasion. SECTION 15. GOVERNMENTAL POWERS AND IMMUNITIES It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. SECTION 16. HEADINGS The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. SECTION 17. SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 6 of 11 (Construction Phase Engineering) Rev. 1/25 SEVERABILITY In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. SECTION 18. REVIEW OF COUNSEL City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. SECTION 19. PROHIBITION ON BOYCOTTING ISRAEL Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. SECTION 20. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Developer acknowledges that in accordance with Chapter 2276 of the Texas Government Code the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. SECTION 21. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 7 of 11 (Construction Phase Engineering) Rev. 1/25 it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. SECTION 22. AMENDMENT No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. SECTION 23. ASSIGNMENT AND SUCCESSORS Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. SECTION 24. NO THIRD -PARTY BENEFICIARIES The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. SECTION 25. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. SECTION 26. SIGNATURE AUTHORITY The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. SECTION 27. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which will be deemed an SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 8 of 11 (Construction Phase Engineering) Rev. 1/25 original, but which together will constitute one instrument. SECTION 28. ENTIRE AGREEMENT This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [Signatures on Following Page] SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 9 of 11 (Construction Phase Engineering) Rev. 1/25 IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH C>S�_� Jesica McEachern Assistant City Manager Date: 07/17/2025 Recommended by: Z_aA&11 Wa�� Dalton Harrell (Jul 14, 2025 09:38 CDT) D.J. Harrell Director Development Services Department Approved as to Form & Legality: G��_G ��— Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Form 1295: N/A Fn ORTa➢C ATTEST:Wo �mn.nwr A ..L�a.Qnas acn4�oo5444 Jannette Goodall City Secretary Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. E✓P(ly"yl JPoherf s Evelyn Roberts (Jun 30, 202517:06 CDT) Evelyn Roberts Contract Service Administrator DEVELOPER 307 W. Daggett Development, LLC � r�ceRr-sue Stephen ears (Jun 30, 202516:08 CDT) Name: Stephen Mears Title: Managing Member Date: 06/30/2025 SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT (Construction Phase Engineering) Rev. 1/25 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 10 of 11 EXHIBIT "A" TASK ORDERS SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 11 of 11 (Construction Phase Engineering) Rev. 1/25 FORT WORTH 04/24/2025 Shield Engineering Group, PLLC 1600 W 7ch St, Suite 400 Fort Worth, TX 76102 Attention: Jean-Marie Alexander, PE From: Victor V. Tornero, Jr., PE Senior Capital Projects Officer, Development Services Subject: Notice to Proceed Project Name: 307 W Dagget Development Project Number: SSIP-24-0029 / CPN-106051 Engineering Agreement: CSC-61579 Task Order Number: Shield-01-SSIP-24-0029 This notification serves as your notice to proceed to begin Task Order Shield-01-SSIP-24-0029, for final design and construction phase services for the above referenced project. The City accepts your proposal in an amount not to exceed $0.00. This project includes design of street and pedestrian lighting in accordance with current City Standards as described in the City of Fort Worth Transportation Engineering Manual. The allotted number of days to complete the final design phase of this work is 27 calendar days. Any changes to scope or schedule need to be submitted via RFI process with risk assessment for its approval by the project manager. Consultant must submit schedule updates by 5ch of the month to the SSIP Team. Failure to do so would delay processing of pending invoices. The anticipated start date for services is as identified in the Schedule. The anticipated start date for construction phase services shall be determined after the Engineering Design Phase is Complete, as the construction phase services are an estimate. (Stephen Mears) ("Developer") has entered into a separate agreement with Shield Engineering Group, PLLC ("Shield") for the engineering design and construction phase services for this Agreement. Developer shall pay all costs the engineering services directly to Engineer. Section 4 of City's agreement with Shield, City Secretary Contract Number 61579, shall not apply to this Project. Task Order Authorization: d v. % IMT Virfnr\I Tnrnnrn Ir P F ! 1 Victor V. Tornero, Jr. PE Sr. Capital Project Officer Development Services SIi�� Ste T) Stephen Mears Managing Member 307 W Daggett Ave, LLC lei-Mamie-14.Cexa d&r Jean-Marie Alexander (May 2, 202511:35 CDT) Jean-Marie Alexander, PE COO Shield Engineering Attachments: 1. Attachment A — Scope Document 2. Attachment B — Fee Schedule / LOE 3. Attachment C -Project Schedule FORT ATTACHMENT "A" Scope for Enciineerina Design Related Services for Arterial Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey j4g-SeP4Ges TasIF9. Per-m+" Task-40—Qaali y-GentFWQaa14ty-Aca►;rcnae City of Fort Worth, Texas Page 1 of 14 Attachment A Revision Date: 04.28.2025 Page 1 of 14 FORT WORTH TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team: • Lead, manage and direct design team activities • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend a pre -design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct review meetings with the CITY at the end of each design phase • Conduct QC/QA reviews and document those activities. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. Multi -month billing is not allowed. Months in which no work is being invoiced shall require submission of a $0.00 invoice. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • One (1) pre -design project kickoff/chartering meeting • At one (1) plan review meeting • All submittals to the City shall be Quality checked prior to submission. City of Fort Worth, Texas Page 2 of 14 Attachment A Revision Date: 04.28.2025 Page 2 of 14 FORT WORTH • Project design phase is anticipated to take one (1) month. • Project construction phase is anticipated to take one (1) month. DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Monthly invoices E. Final Summary Payment Report Form City of Fort Worth, Texas Page 3 of 14 Attachment A Revision Date: 04.28.2025 Page 3 of 14 FORT WORTH TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. 2.2 The Conceptual Design Package shall include the following: • Conceptual design package shall include a conceptual street and pedestrian lighting plan to verify design readiness of the proposed project: including a review of the developer provided basis of design documents and zoning and other development criteria. • Estimates of probable construction cost. ASSUMPTIONS • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (Virtual Project Manager). • ENGINEER will not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package City of Fort Worth, Texas Page 4 of 14 Attachment A Revision Date: 04.28.2025 Page 4 of 14 FORT WORTH TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans shall be submitted to CITY per the approved Project Schedule. 3.1. The Preliminary Design Drawings shall include the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Preliminary street and pedestrian lighting plans. • Preliminary streetlight, pedestrian light, and all applicable utility details. Estimates of probable construction cost (OPCC). This estimate shall use standard CITY or TxDOT bid items, as applicable. 3.2. Utility Coordination • The ENGINEER will coordinate with the public utility provider for the establishment of new utility service and meter installation for the proposed street lighting improvements. ASSUMPTIONS • One PDF sets of 22"x34" size plans will be delivered for the 60% design for review coordination. • One (1) set of preliminary project quantity tables utilizing City of Fort Worth Standard Bid Items for use in unit price contract task order preparation, as well as draft copies of special item specifications • The following shall be uploaded to the designated project folder in the City's document management system (Virtual Project Manager): ■ All other submitted documents and checklists • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings including QC/QA documentation B. Opinion of probable construction cost (OPCC) City of Fort Worth, Texas Page 5 of 14 Attachment A Revision Date: 04.28.2025 Page 5 of 14 FORT WORTH TASK 4. A. FINAL DESIGN and CONSTRUCTION DOCUMENTS (100 PERCENT). • Following a 60% 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. • A Quantity Summary page will be included in 100% design plans. Each design sheet of the plans shall also include a quantity take off table. • The ENGINEER shall submit an estimate of probable construction cost (OPCC) with the 100% design packages. This estimate shall use standard CITY bid items, as applicable. ASSUMPTIONS • Three (3) sets of 22"x34" size drawings and one (1) set of 11 "x17" size drawings will be delivered for the 100% Design package. • One (1) sets of final Project Quantity tables utilizing City of Fort Worth Standard Bid Items for use in unit price contract task order preparation. • A PDF created from design CAD drawings and CAD files will be uploaded to the project folder in City's document management system (Virtual Project Manager). DELIVERABLES A. 100% construction plans and Project Manual including QC/QA documentation. B. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's or TxDOT's standard bid items and format, as applicable C. Cover sheet in PDF format for the signatures of authorized CITY officials. City of Fort Worth, Texas Page 6 of 14 Attachment A Revision Date: 04.28.2025 Page 6 of 14 FORT WORTH TASK 5. BID PHASE SERVICES. • Not Applicable. City of Fort Worth, Texas Page 7 of 14 Attachment A Revision Date: 04.28.2025 Page 7 of 14 FORT WORTH TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1. Construction Support • The ENGINEER shall attend the pre -construction conference. • 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 (Virtual Project Manager). The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in the City's document management system (Virtual Project Manager). • As requested by the CITY, the Engineer shall provide the 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. • ENGINEER shall review material substitution requests, issue a recommendation and incorporate approved substitutions into the Record Drawings. • The ENGINEER shall provide the necessary contractor coordination and construction staking services as required to facilitate the successful installation of the proposed infrastructure improvements in accordance with CITY Specification Section 01 71 23. • 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 will coordinate with other TPW divisions and other departments as necessary. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. 6.2 Record Drawings City of Fort Worth, Texas Page 8 of 14 Attachment A Revision Date: 04.28.2025 Page 8 of 14 FORT WORTH • 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 accuracy of the data provided by contractor and conformance with requirements. o Red -Line Markups from the Contractor o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: 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 plan 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 City of Fort Worth, Texas Page 9 of 14 Attachment A Revision Date: 04.28.2025 Page 9 of 14 FORT WORTH 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 (Virtual Project Manager). 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 appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • One (1) site visits are assumed. • Two (2) submittal reviews are assumed. • One (1) RFI's are assumed. • One (1) Change Orders are assumed. DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of shop drawings D. Final Punch List Items E. Record Drawings in electronic format City of Fort Worth, Texas Page 10 of 14 Attachment A Revision Date: 04.28.2025 Page 10 of 14 FORT WORTH TASK 7. ROW/EASEMENT SERVICES. 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. ASSUMPTIONS Right -of -Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the proiect and available on -around property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD records, right-of-way takings, easement vacations and abandonments, right-of- way vacations, and street closures. DELIVERABLES A. ROW and Easement parcel map City of Fort Worth, Texas Page 11 of 14 Attachment A Revision Date: 04.28.2025 Page 11 of 14 FORT WORTH TASK 8. SURVEY 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 design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • Right -of -Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the r)roiect and tied to available on -ground property 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 coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. ASSUMPTIONS 1. Prior to design, to supplement the design survey 2. Prior to construction, at critical locations, to confirm franchise utility conflict has been in fact cleared. City of Fort Worth, Texas Page 12 of 14 Attachment A Revision Date: 04.28.2025 Page 12 of 14 FORT WORTH DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. Construction Staking City of Fort Worth, Texas Page 13 of 14 Attachment A Revision Date: 04.28.2025 Page 13 of 14 FORT WORTH ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existina Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition, unless included as part of Section 7. • Bid Phase Services • Subsurface Utility Engineering and Utility relocation and Clearance Services • Geotechnical investigations and reports • Services of special consultants beyond those listed above • Public Meetings • Additional engineering & survey services beyond those services listed above • Additional studies and reports beyond those services listed above • Permitting applications • Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Services related to site and construction inspection • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Page 14 of 14 Attachment A Revision Date: 04.28.2025 Page 14 of 14 Professional Services Invoice Project Manager: Summary Project: 1106051 SSIP-24-0029 City Project #: 1 City Sec Number: 161579 Company Name: (shield Engineering Group, PLLC Supplier's PM: Jean-Marie Alexander Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: 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. I email: Jeanmarie.Alexanderla)shield-enain4 Office Address 1600 W 7th Street, Suite 400, Fort Worth, TX 76102 Telephone: 1817.810.06 g6 Fax: I li I Remit Address:IP.o. Box 470636, Fort Worth, TX 76147 Sheet FID and Work Type Description Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Invoice Agreement LTD Agreement Amendment Amount to Completed Amount Amount Date Amount Overall Percentage Spent: Percent ($) Invoiced Current Remaining Spent Previously Invoice Balance Level of Effort Spreadsheet TASKMOUR BREAKDOWN Water Department Design Services for SSIP-24-0029 City Project No. 106051 Labor lHoura) Task Descripllon Protect Tssk No. Princlpal Manager ER II En Designer CAD Senior RPLS RPLS SIT Survey Tech Survey Crew Flagger Atlmin Ratf f300 f255 f180 f145 f150 E135 8255 $200 E150 $120 E185 $100 $100 Total Labor Cost I 11111 Rapratluclien TotaIDE Sense Task Sub Total %Complete Rgutlgetg 1.0Ma ment 0 4 4 0 0 0 D 0 0 0 0 0 0 1.1 1.1.2 6AIOC t t 1.2 Famnunira0ons antl R1�f 1.2.1 Pre-Desi CooMire n' Mene�ros 1.22 Desion SmiOal Renew M�+e f ss 'I me pljsl 1 t 1.2.4 Prerare MontM1ly Pro�less Rerr��lts (assumes i monthil 1 1 1.3 IStake olders Coortlina0on 8 M f� 1.3.1 Utikry COordlna0on80[M1er Slak older Coordination 1 1 E f f S $ $ E $ $ $ b $ $ 2.0 gf�al Desiun(30-Percent) 0 2.1 �ata�coileclion z.6 Conceptual Dmi nPaaka a Includes Corrce MS-11 ht La u[ 0 0 0 0 0 0 0 0 0 0 0 0 $ E $ $ $ - I $ $ - $ - $ $ 3.0 liminar'(Deci 160 Percentl a 1 o 1 0 1a 0 0 0 0 0 0 0 0 0 3.1 rekmm�(�vvD sail}rD awi gs 3.t.t CoverBGenerlNotes n 3.1.2 verell Sheet 3.1.3 eleils (StreetlllIlIht 8 Erosion) 3.2 1�j(�CooNinallon 3.4 Estimate $ $ $ $ I I I $ $ $ $ - $ - $ $ $ 0.�inal De q 0 4.1 I Dra1190%7 Construction Plans 4.2inal (100%) Plans 4.3 DAQC (90 % & 100%) 4.5 Construction Estimates 90%end 100% 5 18 0 0 0 0 0 0 0 0 0 0 f $ $ $ $ - I $ - I I $ 1 1 2 1 4 6 4 4 $ - $ - $ - $ - $ $ $ 5.0 tl Phase 0 5.1 id Suppod 0 0 0 a 0 0 0 0 0 0 0 0 E S S $ $ E $ 6.0 onstroctton Phase Services 0 19 16 0 0 0 0 0 0 0 0 0 0 6.1 Conshuc0on Suq((��ort fi.1.1 Attend Precons�tuction Conlererrce 2 2 6.1.2 Project Site Visits mes 1 mo of constr) 3 3 Drawlnr� etcl 2 2 6.1.3 Submittal Revkws�MalerlaL S.I. 6.1A yesttor lnformet.nl Chanoe OMar Renew 2 3 6.1.5 Walkth—h 2 2 6.2 �2ecoM Drawings 2 4 $ $ S S $ - I $ I 8 - I $ - I $ - I I $ $ - $ $ - $ $ - 8 - $ - $ - $ - $ - $ - $ $ 7.0 rtOWlEasement Services 0 7.1 �3 m-oLf-Wa Research 0 0 0 0 0 0 0 0 0 0 0 0 $ $ $ $ $ $ $ O�esen Sg rveE 0 8.1 0 0 0 0 0 0 0 0 0 0 0 0 E $ $ $ $ $ $ 9.0 RinR 0 0 0 0 0 0 0 0 0 0 0 a 0 $ $ S E $ $ $ 10.0 Mditional city Di—d Services Totals a $ $ E n aE o 0 o a a o 0 0 0 0 E $ s Total Hours Pmlect Summary fi0 Total Labor $ - TotalEaptpense $ - MtlFJSBESubwnsu0ant $ - Non-MBEISBE Subwnsu0ant $ - lo%%�` FySO M.,kkouh $ - M'IfolalGroio�cVLos1 $ City d Fort Worth. Texas Attachment B - Level d Eff OSupplement PMO Otrlclal Release Date: 809.2012 Mil SSIP-24-0026 ID Task Name Duration Start Finish Predecessors Qtr 2, 2025 Qtr 3, 2025 Apr May Jun Jul 1 SSIP24-0029 66 days Fri 4/11/25 Fri 7/11/25 2 Design 27 days Fri 4/11/25 Mon 5/19/25 , 3 Construction Plans 27 days Fri 4/11/25 Mon 5/19/25 , 4 Final Design 27 days Fri 4/11/25 Mon 5/19/25 , 5 6 Prepare Final Plans and OPC Final Plans and OPC Submittal 5 days 0 days Fri 4/11/25 Thu 4/17/25 Thu 4/17/25 Thu 4/17/25 5 �F ♦14/17 7 Final Plan Review and Approval 21 days day Fri 4/18/25 Fri 5/16/25 6 L 8 Final Design Complete 1 Mon 5/19/25 Mon 5/19/25 7 1 9 Construction 28 days Wed 6/4/25 Fri 7/11/25 8 10 Contractor Task Order 8 days Wed 6/4/25 Fri 6/13/25 8 11 Contractor Task Order Development 5 days Wed 6/4/25 ITue 6/10/25 12 Contract Execution 3 days Wed 6/11/25 Fri 6/13/25 11 13 Construction (Estimated) 20 days Fri 6/13/25 Fri 7/11/25 12 14 Notice to Proceed 0 days Fri 6/13/25 Fri 6/13/25 6/13 15 Construction 15 days Mon 6/16/25 Fri 7/4/25 14 16 Utility Service Establishment 5 days Mon 6/16/25 Fri 6/20/25 14 17 Final Walkthrough 1 day Mon 7/7/25 Mon 7/7/25 15 18 Closeout (Record Drawing Preparation) 2 days Tue 7/8/25 Wed 7/9/25 17 19 Acceptance 2 days Thu 7/10/25 Fri 7/11/25 18 Task Project Summary Manual Task Start -only 0_ Deadline Project: SSIP24-0029 Split . . . . . . . . . . . . . . Inactive Task I Duration -only IW [ Finish -only ] Progress Date: Thu 4/17/25 Milestone ♦ Inactive Milestone Manual Summary Rollup External Tasks Manual Progress Summary , , Inactive Summary 0 Manual Summary , , External Milestone Page 1 Shield Engineering Group brian.avirett@shield-engineering.com