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HomeMy WebLinkAboutContract 53330 107Y SECRETARY CONTRACT NO.JIL0 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 Burgess & Niple, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Engineering Design-Related Services for Cantrell Sansom Roadway Widening. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to Four Hundred Eighty-One Thousand Seven Hundred Twelve Dollars and No Cents 481,712.00) as set forth in Attachment B. B. 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, whichever occurs first. Article III Terms of Payment 3 5 e-., Payments to the ENGINEER will be made as follows: A. Invoice and Payment RECEIVED DEC 2 7 2019 (1) The Engineer shall provide the City sufficient documentation, including but CITYOFFoATwoRTFI not limited to meeting the requirements set forth in Attachment D to this CITY SECRETARY AGREEMENT, to reasonably substantiate the invoices. f City of Fort Worth,Texas �� Standard Agreement for Engineering Related Design Services ��r l' a k Cfi ti EIA�' ,. Revised Date: 11.17.17 Page 1 of 17 C '�d H li 41g (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article 1, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. 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 in the same or similar locality and 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. Subsurface Investigations City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 2 of 17 (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 famished by the CITY, unless otherwise specified in Attachment A. (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. D. 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. E. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 3 of 17 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 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. F. 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. G. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 4 of 17 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 not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. 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. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12- 2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. 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. J. 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. City of Fort Worth.Texas Standard Agreement for Engineering Related Resign Services Revised Date:11.17.17 Page 5 of 17 (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 subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The 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 the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: p rem isesloperations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the 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 this agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 6 of 17 b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. 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 the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the 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 ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the 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 ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its City of Fort Worth,Texas Standard Agreement for Fngineenng Related Design Services Revised Date:11.17.17 Page 7 of 17 interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements, e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of AV or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 8 of 17 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. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. 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. M. 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. N. 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. O. Permitting Authorities - Design Changes City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 9 of 17 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, 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. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 10 of 17 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. 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 and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at 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: City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11,17.17 Page 11 of 17 "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. (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. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. 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. K. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Pane 12 of 17 will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. 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. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 13 of 17 (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The 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 termination expenses. The CITY'S approval will 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, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, 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 Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 14 of 17 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 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. 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 City of Fort Worth,Texas Standard Agreement for Engineerfng Related Design Services Reused Date: 11,17,17 Page 15 of 17 right to immediately terminate this Agreement for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 16 of 17 BY: BY: CITY OF FORT WORTH ENGINEER BURGESS & NIPLE, INC. Dana Burg d ff Steven D. Sanders, P.E. Interim Ass ant ity Manager Vice President Date: Z- L -7 b G Date: APPROVAL RECOMMEND D: By: )jj William Johnson Director, Trans �ation and Public Works Department 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. Alejan a Ayala, P.E. Senior Professional Engineer APPROVED TO FORM AND LEGALITY Douglas . Black Assistant City Attorney ' Fm 1295 No. 2019-550458 P afy J. Kayser M&C No.: 12 -- C)LI z 1 City Secretary M&C Date: � Z I{ � 1 iQ City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 17 of 17 ATTACHMENT "A" Scope for Engineering Design-Related Services for Cantrell Sansom Roadway Widening 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 this project is to improve traffic operations and improve safety. Cantrell Sansom will be designed and constructed from the existing roundabout at Mark IV Parkway to the southbound frontage road of IH-35. Work under this agreement includes, but is not limited to, project management, data collection, topographic survey, right-of-way 1 easement services, subsurface utility engineering, permitting, geotechnical investigation, right-of-way documentation, operational analysis, design and contract documents for the construction of the design and construction phase services. WORK TO BE PERFORMED ENGINEER hereby agrees to perform engineering services for the Cantrell Sansom Widening project. Compensation will be based upon hours agreed to by the CITY and ENGINEER and based on the Schedule of Rates in Attachment "B" of this agreement. The fee will include an estimate of reimbursable and sub-consultant costs. Compensation shall be Hourly, Not to Exceed plus sub-consultant costs and expenses. Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 3. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Plan and Submittal Checklists TASK 1. DESIGN MANAGEMENT ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work Communicate internally among team members • Task and allocate team resources City of Fort Worth,Texas Attachment A PMO Release oate:07.23.2012 Page 1 of 26 1.2. Communications and Reporting • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct and document monthly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of each design phase • Conduct and document design team meetings as needed Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document, • Complete Monthly MIWBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER small 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 • Project time is estimated to be 36 months DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 2 of 26 E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly MIWBE Report Form and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 10) 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 utilize concepts and criteria contained in the current CITY iSWM Criteria Manual for Site Development and Construction for conceptual planning and design. 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 data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. 2.2 Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) per Task 8. 2.3 Traffic Study 2.3.1 ENGINEER will prepare, in cooperation with the CITY, a traffic signal warrant analysis at the intersection of Cantrell Sansom Road and Old Denton Road. Lane configuration recommendations will also be provided for the intersection. 2.3.2 The Traffic Study consists of the following tasks: • Data Collection — 12-hour turning movement counts will be collected at the study intersection of Cantrell Sansorn Road and Old Denton Road. Counts will be collected on a Tuesday, Wednesday, or Thursday which schools are in session after the frontage road linking 1-35W Southbound with Loop 820 Westbound is open to traffic. This data will be collected by a SUBCONSULTANT. • Traffic Signal Warrant —Signal Warrants 1 (Eight-Hour Vehicular Volume), 2 (Four-Hour Vehicular Volume), and 3 (Peak-Hour Vehicular Volume) will be evaluated for the intersection in accordance City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 3 of 26 with the standards and guidelines in the Manual on Uniform Traffic Control Devices (MUTCD). • Synchro Analysis —Traffic operations for the existing AM and PM peak hour traffic volumes and existing lane configurations and unsignalized control will be evaluated using the Highway Capacity Manual methodologies in Synchro 10 software. If a signal is warranted, analysis will be conducted to determine the recommended lane configuration for the signalized intersection. • Preliminary Layouts — Preliminary layouts for either the signalized or unsignalized condition will be developed. If the intersection warrants a signal, the preliminary layout will illustrate the improvements needed to Old Denton Road to accommodate the intersection demand. If the signal is not warranted, the preliminary layout will illustrate how the unsignalized intersection will tie into the five-lane roadway section along Old Denton Road north of the Cantrell Sansom intersection. • Summary Memorandum —A summary memorandum will be developed to summarize the study process and the preliminary layout. 2.4 The Conceptual Design Package shall include the following: 2.4.1 Conceptual Engineering Report consisting of an Executive Summary, Introduction, and Findings of Conceptual Design Activities, Evaluations and Recommendations and Exhibits. 2.4.2 Executive Summary consists of the following: • Project Location-description of the location and boundaries • Statement of the Problem — describe deficiencies of the systems • Evaluation of Alternative Solutions • Findings from Conceptual Design Activities — summarize finding that may impact the alternative solutions. Also address other issues which may impact the solutions such as Real Estate requirements, permits, survey, obstructions/encroachments, inter-agency/interdepartmental coordination, tree impacts • Identify the recommended project— describe the recommended alternative, how it solves the described system deficiencies and tabulate the design criteria. • Estimated Construction Costs — Construction costs for each alternative evaluated. 2.4.3 Introduction consists of the following: • Project Location; • Statement of Problem; • Existing Pavement Conditions— existing utilities, ROW, pavement information including pavement widths, lane use, pavement type and City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 4 of 26 condition, thickness and age of pavement, presence of curb and gutter or drainage ditches, problems areas and roadway deficiencies; • Existing Roadway Geometries —existing vertical and horizontal geometries, corner radii, esplanade widths and openings and intersection/driveway locations, problem areas and deficiencies; • Existing traffic control —existing traffic control measures, signal locations and operation, problem areas and deficiencies; • Existing Drainage Condition Analysis — 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. Capacities and level of service of existing storm drain will be calculated and shown for 5-year and 100-year frequencies. All locations in the project area where 100-year runoff exceeds available storm drain and right-of-way capacities shall be clearly identified. 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. All calculations shall conform to CITY criteria delineated in the current CITY iSWM Criteria Manual for Site Development and Construction. Existing 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. 2.4.4 Findings from Conceptual Design Activities consists of the following: • Utilities Research — provide layouts of existing utilities including water, sanitary sewer, storm sewer with appurtenances and lot lines from subdivision plats, telephone, power, gas, cable and other private utilities ® Proposed ROW or Real Estate Acquisitions — Indicate ROW or easement needs based on readily available information • Proposed Traffic Counts: Projected Microsoft Excel spreadsheet of 24-hour and Turning Movement Count data projected at 15-minute intervals by Approach. Interagency/Interdepartmental Coordination — Identify potential conflicts in time and space with project from other City Departments and other agencies and offer recommended solutions. Identify any proposed facilities recommended by them. Drainage Analysis — All findings and recommendations • Flood plain/Floodway Analysis — all findings and recommendations • Permits and Licenses required • Tree/Landscaping impacts City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 5 of 26 Geotechnical Investigation —summary and findings, when authorized p Phase I Environmental Site Assessment—summary and finding, when authorized. 2.4.5 Evaluation and Recommendation consists of the following: Evaluation of Alternatives — summary of principal findings and conclusions from the evaluation of alternatives, based on specific cost and non-cost criteria. • Recommended Project — Described recommended alternative, how it solves the described system deficiencies, and tabulate the design criteria. Also include: o Recommended Utility Improvements— Discuss recommended improvements to public Utilities and indicate locations of potential conflict with other utilities. o Construction Traffic Control Plan — Provide traffic control concept, noting detours, phases, sequencing, construction zones, temporary pavement requirements and temporary signalization. Identify potential disruptions to local businesses and measure to address access during construction. o Storm Water Pollution Prevention Plan — Basic approach to SWPPP and what measures will be implemented o Tree Protection/Mitigation and Landscaping —general approach to landscaping, tree protection and tree mitigation o Recommended Pavement—described recommended pavement widths, lane use and structure; o Recommended Improvements to Roadway Geometrics — Recommended corner radii, esplanade widths and openings, intersection improvements and measures taken to correct deficiencies. Indicate proposed speed limits. o Recommended Traffic Control — Recommended improvements to existing traffic control measures including improvements to traffic signals, and locations and configurations of proposed signals; o Proposed Condition Analysis — Quantify the proposed drainage improvements in accordance with the current iSWM criteria manual for Site Development and Construction. Capacities and level of service of proposed storm facilities will be calculated and shown for 5-year and 100-year frequencies. All locations in the project area where 100-year runoff exceeds available storm drain and/or right-of-way capacities shall be clearly identified. Provide supporting drainage computations in the CITY's standard tabular format. Include documentation that the proposed storm water improvements will not impact upstream and downstream properties. The Engineer City of Fort Worth,Texas Attachment A PMO Release Date:02.06,2015 Page 6 of 26 understands and acknowledges that standard engineering practice typically requires multiple modeling iterations for development of a sound proposed condition and determination of the best viable level of service. 2.4.6 Exhibits shall consist of the following: • Project Location Maps —Vicinity map of General Project Area and a Project Area map which meets the M&C Project Map Format Existing and Proposed Typical Cross-sections—Shows horizontal dimensions, pavement structure makeup and thickness, lane widths, direction arrows, typical locations of existing and proposed buried utilities, ROW and easements, sidewalks, bike lanes, shoulders, retaining walls and drainage ditches. o Existing Utilities Maps —show on separate maps existing water, sanitary sewer, storm sewers and private utilities in the project area o Proposed Utility Maps--Show on separate maps proposed water, sanitary sewer, storm sewers and private utilities for the project o Drainage Area Map — Map will be maximum 1" = 200' scale from available 2-foot contour data with the contours labeled. Data source and year will be provided by the CITY. Watershed info and characteristics, location, size, material and condition of existing system shall be shown. o Plan Sheets — 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, proposed city owned utilities, existing roadway vertical alignments (profiles), critical utility conflict crossings. 0 Right-of-Way Maps — Show dimensions and locations of existing and proposed ROW and easement locations. o Project Photos 2.4.7 Estimated Construction Costs — Provide estimated Construction Costs of the recommended Project and all viable alternatives or options 2.4.8 Appendices shall consist of the following: e Supporting Calculations • Hydraulic Profile and Hydraulic Analysis • Conceptual iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. • Pertinent correspondence to document decisions City of Fort Worth,Texas Attachment A PMO Release Date:02 06.2015 Page 7 of 26 2.5 Conceptual Design Report Review • The Engineer will create a PDF file of the Draft Conceptual Design Report with a Table of Contents which will be uploaded to the designated project folder in BIM360. The Engineer will also submit 2 hard copy reports with a transmittal sheet to the City Project Manager. The Draft Conceptual Design Report will be reviewed by the City and comments returned to the Engineer. The Engineer will have two weeks to revise the report based on the comments. Once revisions have been made, the Engineer shall submit to the Project Manager 2 copies of the report with all exhibits, maps, and computer model output listed as components of the Report. 2.6 Peer Review 2.6.1 Pre-Peer Review (Conceptual Phase) • The Engineer shall attend a Pre-Peer Review meeting as scheduled by the Project Manager and the Program Manager. The purpose is to allow the Program Manager to review the preliminary design, presentation materials and recommendations. The Engineer shall have completed and submitted the Conceptual Design Report prior to the Pre-Peer Review Meeting. As part of the Pre-Peer Review, the Engineer shall prepare a Microsoft PowerPoint presentation, a Peer Review Agenda and an executive summary showing the alternatives, recommendations and estimated construction and project costs. 2.6.2 Peer Review (Conceptual Phase) The Engineer shall attend and present the Conceptual Design Recommendations to the City's Peer Review Committee for approval to proceed to Preliminary Design. The Engineer will provide the PowerPoint Presentation along with 12 copies of the executive summary and agenda. Within five business days following the Peer Review, the Engineer shall submit: o a summary of the decisions and action items from the meeting. o a revised construction cost estimate. o an Amendment to the Project Charter if the alternative revises the Charter. o A PDF of the Final Conceptual Design Report in response to the Peer Review Committee's record of decisions and action items loaded into BIM360. In addition, the Engineer shall furnish two final copies of the Conceptual Design Report. • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. City of Fort Worth,Texas Attachment A PMO Release Date:02,06.2015 Page 8 of 26 ASSUMPTIONS • ENGINEER will perform up to two (2) review iterations DELIVERABLES 3 copies of Final Conceptual Design Report (one PDF and 2 bound copies) 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. Development of Preliminary Design Drawings and Specifications shall include the following: 3.1.1 General • Cover sheet • Index and Legend Project Notes • Construction Sequencing Plan • ROW and Easement Plan - Overall project easement layout sheet(s). • Typical Roadway Sections - Updated existing and proposed typical section sheets. 3.1.2 Survey Control • Project Control - 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). • Project Alignment Layout 3.1.3 SUE • S.U.E. Survey • Summary of Test Hole Information and Coordinates 3.1.4 Tree Removal and Protection • Tree Removal and Protection Plan • Tree Protection Details City of Fort Worth,Texas Attachment A PMO Release Date;02.06.2015 Page 9 of 26 • Removal Plan 3.1.5 Paving Plan and Profile e 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 bench marks plan/profile sheet. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. ® 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, and pavement details. 3.1.6 Traffic Control Plan updated to reflect any changes as a result of the conceptual design submittal while also 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. 3.1.7 Storm Sewers • Preliminary iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. • 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 City of Fort Worth,Texas Attachment A PMO ReEease Date:02.06.2015 Page 10 of 26 slopes of pipe, top of ground profile over pipe and connections to existing or proposed storm sewer systems. 3.1.8 Street Lighting • For new roadway construction or complete roadway reconstruction, it is the City of Fort Worth's practice to upgrade street lighting along all roadways to current recommended levels as part of the Capital Improvement Projects. Proposed street lighting locations shall be provided at 1"=40' scale (minimum) consistent with project overall layouts. • Design engineer will prepare the lighting layout, spacing the streetlights in accordance with the current published Guidelines and specifications. Distances shall avoid driveway/utility conflicts. The design should include any existing street lighting and generally begin layouts at intersections working away from them. • Street lighting plans shall show the proposed street lighting locations, electrical conduits, pull boxes and power feed locations provided by the service company in accordance with City criteria. • The approved layout will be submitted as part of the Preliminary Plans and a cost estimate prepared for temporary or new fixtures. Conduit and pull box costs, poles, fixtures, wiring and bulbs shall be included in the construction costs. • Preliminary signing, pavement marking, illumination and signal layouts. 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. • Soil investigations will also look for obvious signs of visual staining of the soil samples, note any odors (specifically of hydrocarbon nature) during drilling, and summarize this information in the report. • The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, latest edition. The study shall include recommendations regarding utility trenching and identify existing groundwater elevation at each boring. 3.3. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 11 of 26 the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4. Public Meeting • After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, prepare and mail the invitation letters to the affected customers. The ENGINEER shall coordinate with the CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. 3.5. Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, 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. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload a PDF of the approved preliminary plan set to the designated project folder in BIM360 for forwarding to all utility companies which have facilities within the limits of the project. • Utility Conflict Matrix: The ENGINEER shall prepare a Utility Conflict Matrix that provides specific location, utility owner, utility type and known conflict based on the plans provided. The Engineer is responsible for altering the design, if possible, to avoid the conflict prior to it being placed on the matrix. The PDF files should be created directly from the CAD files. ASSUMPTIONS • Up to eight (8) Geotechnical borings will be made • Traffic counts will be conducted after the construction of the adjacent TxDOT frontage road is complete. Traffic Volumes will be estimated for the year 2030 and used in the Traffic Study. • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • Three (3) sets of half-size (11x17) plans will be delivered for the 60% design. • One (1) set of specifications will be delivered for the 60% design. • PDF files created from design CAD drawings will be uploaded to the designated project folder in BIM360. • All submitted documents and checklists will be uploaded to the designated project folder in BIM360 City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 12 of 26 • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. e One (1) set of full size drawings will be delivered for Utility Clearance. 0 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 B. Preliminary iSWM Checklist C. Utility Clearance drawings D. Geotechnical Report E. Estimates of probable construction cost F. Public Meeting exhibits G. Letter Report documenting the Traffic Study TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT) • Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Provide Subsurface Utility Engineering (SUE) per Task 8. Final draft construction plans (90%) including iSWM Construction Plan and specifications shall be submitted to CITY per the approved Project Schedule. • Final iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. • 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. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS Two (2) sets of half-size (11x17) drawings and two (2) specifications will be delivered for the 90% Design package. + A PDF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360. • Two (2) sets of half-size (11x17) drawings and two (2) specifications will be delivered for the 100% Design package. City of Fart Worlh,Texas Attachment A PMO Release Date:02.06.2015 Page 13 of 26 • PDF and DWF filed of the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360. • The estimated sheet index is as follows: Number Title 1 COVER 2 SHEET INDEX 3 GENERAL NOTES 4 ROW STRIP MAP 5 CONTROL POINTS 6 DETOUR PLAN 7 DEMOLITION PLAN 8 DIMENSION CONTROL 1 9 DIMENSION CONTROL 2 10 TYPICAL SECTIONS 11 EXISTING UTILITY RELOCATION PLAN 12 GRADING PLAN 13 PAVING PLAN & PROFILES 1 14 PAVING PLAN & PROFILES 2 15 PAVEMENT JOINTING PLAN 16 SIGNING LAYOUT 17 PAVEMENT MARKINGS 18 EXISTING DRAINAGE AREA MAP 19 PROPOSED DRAINAGE AREA MAP 20 INLET CALCULATIONS & HYDRAULICS 21 STORM DRAIN PLAN 22 LIGHTING PLAN 23 PHOTOMETRIC LIGHTING PLAN 24 EROSION AND SEDIMENTATION CONTROL 25 EROSION CONTROL NOTES AND DETAILS 26 LANDSCAPE PLAN 27 LANDSCAPE DETAILS 28 IRRIGATION PLAN 29 IRRIGATION DETAILS 30 DETAILS - WATER - 1 31 DETAILS -WATER - 2 32 DETAILS -WATER - 3 33 DETAILS - WATER - 4 34 DETAILS - WATER - 5 35 DETAILS -WATER - 6 36 DETAILS - DRAINAGE - 1 37 DETAILS - DRAINAGE - 2 38 DETAILS - DRAINAGE - 3 39 DETAILS - DRAINAGE -4 40 DETAILS - DRAINAGE - 5 41 DETAILS - PAVING - 1 42 DETAILS - PAVING - 2 43 DETAILS - PAVING - 3 44 DETAILS - PAVING - 4 45 DETAILS - PAVING - 5 City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 14 of 26 46 DETAILS - PAVING - 6 47 DETAILS - PAVING - 7 48 DETAILS - PAVING - 8 49 DETAILS - PAVING - 9 50 DETAILS - LIGHTING - 1 51 DETAILS - LIGHTING -2 52 DETAILS - LIGHTING - 3 53 DETAILS - PAVEMENT MARKINGS- 1 54 DETAILS - PAVEMENT MARKINGS - 2 55 DETAILS -PAVEMENT MARKINGS - 3 56 DETAILS - TRAFFIC CONTROL - 1 57 DETAILS -TRAFFIC CONTROL - 2 58 DETAILS - MISCELLANEOUS - 1 59 DETAILS - MISCELLANEOUS - 2 60 DETAILS - MISCELLANEOUS - 3 DELIVERABLES A. 90% construction plans and specifications. B. Final iSWM Checklist C. 100% construction plans and specifications. D. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. E. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto BIM360 and to Buzzsaw for access to potential bidders. • Contract documents shall be uploaded in a .xIs file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and Awf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 15 of 26 0 The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's BIM360 and Buzzsaw folders titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. Attend the prebid conference in support of the CITY. 0 Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. 0 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. 0 Attend the bid opening in support of the CITY. 0 Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw and BIM360. 0 Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings 0 Final Design Drawings shall be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file (created from CAD application of drawing) for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing filess and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: 1. 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-OO53_org3.pdf and K-O320_org5.pdf 11. 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. City of Fort Worth,Texas Attachment A PMO Release bate:02,06,2015 Page 16 of 26 Example: X-12755 org18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw and BIM360. ® In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows. I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name —°W-1956—SHT01.dwg", "W- 1956—SHT02.dwg", etc. II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name — "X- 12155_SHT01.dwg°, "X-12755_SHT02.dwg", etc. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Only one addendum is assumed. Zero (0) sets of construction documents will be sold to and made available on BIM360 for plan holders and/or given to plan viewing rooms. • Zero (0) sets of construction documents will be printed and made available for purchase by plan holders and/or given to plan viewing rooms. • Two (2) sets of full size plans and specifications (conformed, if applicable) will be delivered to the CITY. • PDF, DWF and DWG files will be uploaded to BIM360. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) City of Fort Worth,Texas Attachment A PMO Release Date:02.06,2015 Page 17 of 26 E. CFW Data Spreadsheet TASK 6. CONSTRUCTION PHASE SERVICES ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support: Engineer understands and agrees that the City shall have the responsibility for the general administration of the construction contract. Accordingly, the Engineer shall not have the authority or responsibility to issue direct instructions to the construction contractor, to reject work done by the construction contractor, or to require special inspections or tests. The Engineer shall provide continuing counsel to the City throughout the construction of the Project. 6.1.1. The ENGINEER shall attend the preconstruction conference and monthly construction progress meetings. The Engineer shall attend up to three (3) other meetings related to the project design. 6.1.2. 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 and mail the invitation letters to the affected customers. 6.1.3. The ENGINEER shall visit the project site monthly as construction proceeds to observe and report on progress. Site visits should occur during times when the construction contractor is actively performing major construction activities. The site visits shall be combined with any site visits made to resolve field problems relating to the construction or monthly progress meetings. The personnel provided by the Engineer to perform site visits shall be experienced in the administration of construction contracts and shall be under the supervision of a professional engineer registered by the State of Texas. The Engineer shall provide a written construction site observation report on the progress and the quality of the executed Work. The report shall: i be included in the Engineer's Monthly invoice, • Includes all referenced supporting documents and at least two photos with bylines • Provide percentage of completion of the work and an overall map showing complete and incomplete areas O Submitted to the Project Manager within three business days after the site visit. Unsafe conditions and major work deficiencies observed shall be immediately brought to the attention of the Inspector and Project Manager and notifications documented in the report. Items to be reported are date and time of visit, station and street work in progress, work activities being performed, crew size and equipment being used, general conformance or deficiencies with the work, traffic control and SWPPP, discussions on site, work not approved for project or deviates from Contract Documents, progress since last visit. City of Fora Worth,Texas Attachment A PMO Release Date:02 06.2015 Page 18 of 26 The ENGINEER shall review shop drawings, samples, laboratory results for material approval, shop and mill tests of materials 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. Reviews shall be completed within 14 calendar days of receipt. 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 BIM360. Log shall contain submittal date, action taken and date returned. ® As requested by the CITY, the ENGINEER shall provide design clarifications and recommendations to assist the City in resolving field problems relating to construction. Requests for Information (RFIs) are to be reviewed, a complete and fully responsive written answer provided, and returned to the Project Manager within five business days depending upon the criticality and impacted cost of the condition as described in the RFI. Response to RFIs concerning proposed modifications or unforeseen conditions shall only address the technical and design aspect of the issue. Any cost or schedule impacts shall be addressed to the Contractor by the Project Manager. ® The Engineer shall evaluate construction contractor change, cost proposals and substitutions and recommend to the City to either approve or disapprove the Contractor's proposal or substitution. The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. 6.2 Record Drawings The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey 0 Red-Line Markups from the Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders 0 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. City of Fort Worth,Texas Attachment A PMO Release Date;02.06.2015 Page 19 of 26 • The following disclaimer shall be included with the Record Drawing stamp: a These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the mylars. • Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher)file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: 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-1'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_0rg18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in B I M360. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number(817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • Twelve (12) site visits are assumed. • Twenty (20) submittal reviews are assumed. • Ten (10) RFI's are assumed. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 20 of 26 • Two (2) Change Orders are assumed. • One copy of full size (22"x34") mylars will be delivered to the CITY DELIVERABLES A. Public meeting exhibits B. Monthly progress reports C. Response to Contractor's Request for Information D. Review of Change Orders E. Review of shop drawings F. Final Punch List items G. Record Drawings 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, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be matte 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 documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 7.3. Temporary Right of Entry Preparation and Submittal Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • One (1) parcel will require R.O.W. acquisition. • Two (2) Temporary Construction Easements will be provided. City of Fort Worth,Texas Attachment A PMD Release Date:02.06.2015 Page 21 of 26 • 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 project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. B. Temporary Right of Entry Letters 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 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, rimlinvert 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. • 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.L'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. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 22 of 26 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall prepare, mail and obtain Temporary Right of Entry from landowners. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 8.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level A & B as described below. The SUE shall be performed in accordance with CIIASCE 38-02. 8.3.1 Quality 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 levei(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. 8.3.2 Quality Level C includes tasks as described for Quality Level D • 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. City of Fort Worth,Texas Attachment A PMO Release Date:02.0M015 Page 23 of 26 * Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SIZE plan sheets. 8.3.3 Quality 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 projects survey control. 8.3.4 Level A Expose and locate utilities at specific locations. • 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. Based on the information provided in the Level A SUE, the Engineer will complete a Utility Conflict Matrix which will include information about any anticipated utility conflicts on the project. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. C. SUE plan drawings sealed by a professional engineer registered in the State of Texas. TASK 9. PERMITTING ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. City of Fort Worth,Texas Attachment A PMO Release Date:02,06.2015 Page 24 of 26 9.1. 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. 9.2. Texas Department of Transportation (TxDOT) Permit Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. S Completing all forms/applications necessary. Submitting forms/applications for CITY and TxDOT review • Submitting revised forms for agency review 0 Responding to agency comments and requests ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. • Two (2) meetings are assumed with TxDOT for the TxDOT permit. DELIVERABLES A. TxDOT Permit TASK 10. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Street Water Traffic Traffic Traffic Traffic Storm Storm Lights (Sewer Traffic Control Control Control ° Attachment"A" Signal Engineering 30/° 60% 90% Water Water (Submit {Submit Type (Submit All 30/° ° ° (Submit All ° ) 30/° 60/° All All @ ° ) Required for all work in City 30% ti0%) fi0/� ROW Street X X X X X. X X X X Storm Water X X x X X Water/Sewer X x X X *If included in street project City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 25 of 26 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • TDLR permit acquisition & inspection. City of Fort Worth,Texas Attachment A PMO Release Bate-02.06.2015 Page 26 of 26 ATTACHMENT B COMPENSATION Design Services for Cantrell Sansom Roadway Widening City Project No. 102217 Time and Materials with Rate Schedule Project I. 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 Category Rate for the ENGINEER's team member performing the work. Labor Category 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 2019120 Rate 2021 Rate $/hour $/hour Project Director $290.00 $300.00 Project Manager $240.00 $248.00 Project Engineer $155.00 $160.00 Senior Designer $170.00 $176.00 Senior Roadway Engineer $205.00 $212.00 Engineer-in-Training $118.00 $122.00 Administrative Support $100.00 $104.00 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 PMO Official Release Date:8.09.2012 Page 4 of 4 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. !I. 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 PMO Official Release Date:8,09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Burgess & Niple Civil Engineering $425,272 88.28% Proposed MBEISBE Sub-Consultants Spooner &Assoc. Surveying $18,135 3.76% The Rios Group SUE Engineering $30,000 6.23% CMJ Engineering Geotechnical Engineering $7,200 1.49% Non-MBEISBE Consultants Undetermined Traffic Counts $1,105 0.23% TOTAL $481,712 100% Project Number& Name Total Fee MBEISBE Fee MBEISBE CPN 102217Cantrell Sansom Roadway $481,712 $55,335 11.5% Widening City MBEISBE Goal = 9% Consultant Committed Goal = 11.5% City of Port Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. 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O m Z K o O a a 4 e O O O a w n � � w C r d W p B 9 O n w w n w ✓ O ca n d 5 2 V7 G U O D O M M I0A M 4 w N r m m N rA 00 + eNii "'r LM Vi w n w v n v o 0 0 0 o m 0 0 0 0 v 0 o m O In Cp m 0 m N N N N to N c ro vc� n� rco qcn n�m g n� p C J D m 69 in r'�m �n i+mY r n •C U w En�n n w ca is in Z "aA w >,N N N M O •a n.5 OL Uj Z? p �Ix w N O Z Gm 4) 0: U d o v o v v C E G1 0 c UJQ � 0 O � m n 6 r d o pp N V oV V N N m m f0 N OmD C ti J Y oCD w C w co a o V N m a w COO m V L N uo [n Q V qt a +t a m J N O C w a C w U d lV m � w Q C a m a o 0 0 o w m a C O U a E N N � T O w a Q N t c a o a� v u a L rn cn O u c n c a a .Z c .9 - c N N 2 a�i ✓J u E w IL o 0 }-0O y N O O U m a N .m r e,coaa'N � m m � m z Ln N N m Ul J y 2 a a�a} c E -u°�4 o g o c o Cad O c440.Vl�aii E y _ E U a y a ri O N IFE Xl0�➢[O lC) CD CD N N t+i r N N O U O vco � on rir voim vain .�' � ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Cantrell Sansom Roadway Widening City Project No. 102217 There are no changes to the Standard Agreement. City of Port Worth,Texas Attachment C PMO Release Date;05.19.2010 Page IofI 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 Wortin,Texas Attachment D Revision Date:07.20.2018 Page 1 of 1 Mik l �^ "Bull-Sh'oals'Dr o i o 0 a.fir - =Siiver'Ni11=Dr . 16 s. 7 tL to CitV. ZT.\t\9`Sha !' de-Dr - .¢ °�- ; San Ot� adwicK P\Vena•Dr. p � `Galico'4Rock,Dr, ., _ I w rY y Df. n. nC 3v �:�i` r Flint-Rock-Dr' f � ncy Dr`� - Gray Rock Dr Cant cellTSansom *- _T_ __ _ . z_ OJEC 17 t I 35W M AA T � i O41 44 low, - - `# LC - - - IM j � j ogletE'r;th;' soon ft ENDORSEMENT # This en(jorsement, effective 12:01 A.M. O00112016 forms a part of Policy No.GL 526-81-38 issued to BURGESS & NIPLE, INC. By NAT I ONAL UN I ON F I RE I NSURANCE COMPANY OF P I TTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holderls)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an clectronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation Ithe "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to thelnsurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Authorized Representative 107414 (0311 1) Page 1 ENDORSEMENT# This endorsement, effective 12:01 A.M. 04/01/2016 forms a part of Policy No.CA 448-96-27 issued to BURGESS & NIPLE, INC. Dy NAT I OVAL UN i ON F i RE 1 NSUIiAIdCE COMPANY OF P I TT'SBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE TREAD IT CAREFULLY. LIMITED ADVICE OF GANGECLATION PROVIDED VIA &MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the insurer cancels this policy for any reason other than norv-paymerrt of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holders)") and has provided to the hisurer, either directly or through its broker of record, the einail address of a contact at each such entity; and 3_ the Insurer received this information after the Fast Named itrsured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, Via an electronic spreadsheet that is acceptable to the insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the insurer; provided, however, that it a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to theinsurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorseruerit does riot affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement Invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insurod shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall relrrain the same. tut)horized, TieWyenta `five 107.414 (03111) Page 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/01/2016 forms a part of Policy No. WC 015-89-3628 Issued to BURGESS & N I PLE, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH, PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 56 (Ed. 04111) Professional Liability and Pollution Incident Liability Insurance CNAPolicyholder Notice ' POLICYHOLDER NOTICE NOTIFICATION OF CANCELLATION TO CERTIFICATE • - NOTIFICATION OF CANCELLATION TO CERTIFICATE HOLDERS • In the event this Policy is cancelled prior to its expiration date, for any reason other than non payment of premium, the Insurer shall provide to the broker of record, a blank schedule to be completed by the Insured or such broker, with the names and email addresses of any and all certificate holders to whom the Insured requests the Insurer provide notification of such cancellation ("notification"). Such schedule must be completed and returned to the Insurer within 5 business days of the broker's receipt. Upon the Insurer's receipt of the completed schedule, the Insurer shall endeavor to provide notification to those entities set out in such schedule. If the schedule is not returned to the Insurer within 5 business days the Insurer will not provide notification. The Insurer will assume that the schedule provided to the Insurer by the Insured or the broker is a complete and accurate list of certificate holders. Only those persons or entities listed on the schedule will receive notification. The Insurer will keep no other record of any certificate holders in the Insurer's file. • There will be no schedule provided and, consequently, no notification provided, if such cancellation is for non payment of premium. • Any notification by the Insurer to any party that is not the first Named Insured on the Policy is intended as a courtesy only. The Insurer's failure to provide such notification will not extend the Policy cancellation date, or negate cancellation of the Policy or be cause for legal action against the Insurer. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No:CNA79045XX (09-2014) Policy No:AEH008215011 Endorsement Effective Date:04/01/2016 Policy Effective Date:04/01/2016 Endorsement No: 16 ; Page 1 of 1 Policy Page: 29 of 49 Underwriting Company:ConVnental Casualty Company 333 S.Wabash Ave., Chicago IL 60604 SPOONER& 309 Byers Street, #100 A76039 §SOCIATES U RV Euless, Texas, -8448 ITERED►RINE55HONAI NO SUEYORS 817-685-844$ www.spoonersurveyors.com PROFESSIONAL SERVICES ESTIMATE This Professional Services Esmaate ("Esmaate") is made by and between Spooner and Associates, Inc. ("Surveyor"), and Burgess and Niple, Inc. ("Client/Owner") as of this 19th day of September in the year 2019. Surveyor: Project name; FTW Cantrell Sansom Road Spooner and Associates, Inc. S&A project No. Eric Spooner, RPLS Client project No. 309 Byers Street, #100 Esmaate version 1 Euless, Texas 76039 espooner0spoonersurveyor_s.com Client/Owner: William D. (Billy) Wendland, PE Burgess & Niple, Inc. 3950 Fossil Creek Blvd BURGESS & NIPLE Suite 210 Fort Worth, Texas 76137 49 Spooner and Associates, Inc. Eric Spooner, RPLS Texas Registration No. 5922 TBPLS No. 10054900 Spooner and Associates, Inc., 309 Byers Street, #100, Euless, Texas 76039 - Ph. 817-685-8448 espooner@spoonersurveyors.com -TBPLS Firm No. 10054900 1 SPOONER& 309 Byers Street,#100 A§SOCIATES Euless,Texas, 76039 STERMPAOMSD A LAND WKWORs 817-6$5-$44$ www.spoonersurveyors.com ATTACHMENT A "SURVEY ESTIMATE AND SCOPE" Mr. Wendland, Spooner and Associates, Inc. (S&A) will provide topographic and professional surveying services on the above mentioned project. The scope of work of the land surveyor shall be to supply all supervision, technical labor, equipment, services, tools, consumables, insurance, and pay any applicable sales/use taxes, and all other things required to perform land surveying in accordance with the technical requirements specified in this Esmaate. Project Name: FTW Cantrell Sansom Road, Mark IV Pkwy to 135W Location of survey:(please see "A. achment C"for more details) Purpose of Survey: The purpose of this survey is to locate and document visible and apparent informaon pernen t to roadway design and construcon. SCOPE:TOPOGRAPHIC SURVEY Limits of Survey: (please see 'Attachment C" for more details) General Project details — Survey will horizontally and verc ally locate visible surface features within the project area as shown on "Attachment C" and being more specifically detailed below. Main project area cross secons and/or mapping will be collected generally at 50' intervals and at all breaks in grade producing 1' interval contours for a width detailed below: o Mapping of the full round-about at Mark 1V Pkwy and Cantrell Sansom Road included through 25 feet beyond its returns. o Mapping is included up to the north right-of-way line of Cantrell Sansom Road from Mark IV Parkway East to Old Denton Road.This effort does not include mapping into the backyards that bound Cantrell Sansom Road to the North. o Mapping is included north along Old Denton Road through the asphalt drive entrance as shown on Attachment C. Mapping is included to the West ROW line of Old Denton. Mapping is included 75 feet East of the exisng east edge of pavement of Old Denton. Mapping is not included into the backyards that bound Old Denton Road to the West. o Mapping is included 75 feet north of the exisng north edge of pavement of Cantrell Sansom Road from Old Denton Road East to 135W. o Mapping is expanded to 150' wide at 135W/Cantrell Sansom Road intersecon and includes the first lane of pavement of 135 F to be captured using photogrammetry. o Mapping will extend to the north face of the warehouse buildings as shown on Attachment C. • Project crossing side streets will be surveyed an addional 25' in each direcon beyond the main project swath. • All trees 4" or larger will be tagged in the field. Tag ID's, common name and approximate trunk size will be noted on the survey. • Orthorecfied imagery, captured using UAV drone technology, will be used to provide an aerial background to the deliverable. Photogrammetry, derived from the orthorecfied imagery, will be uliz ed to capture mapping and improvements as applicable. Right of Entry: The Surveyor will coordinate with the project Engineer to obtain right-of-entry (ROE) for mapping on this project.These services will be provided on the Surveyor's behalf prior to starng. Utility Coordination: Prior to commencing any topographic fieldwork, the Surveyor will submit a ulity locate request for the project limits to Texas811 (formerly Texas Excavaon Safety System, Inc.) online at www.Texas8ll.org or by telephone at 811 or 800-344-8377. Marks set by Texas811 will be shown on our survey. Franchise Utilities: We will locate and a visible franchise ulies (Gas, Telephone/FOC, Electric, Cable, etc.) and associated appurtenances including but not limited to: power poles, guy anchors, manholes, meters, valves, test staons, vaults, handholds, pull boxes, pedestals, controllers, etc. If available, we will denote size, material type, pressure rang , line voltage and ulity o wner as applicable. Visible Texas811 markings will be shown on the survey. Spooner and Associates, Inc., 309 Byers Street, #100, Euless, Texas 76039 - Ph. 817-685-8448 espooner@spoonersurveyors.com -TBPLS Firm No. 10054900 SPOONER& 309 Byers Street, #100 46 ASSOCIATES EulessTexaCsp,76039 REGISTERED PROFESSIONAL LAND SURVEY4Ri 817'685-5448 www.spoonersurveyors.com Public Utilities: We will locate and a visible public ulies (water,wastewater, storm sewer, and telephone/fiber) and associated appurtenances including but not limited to: manholes, cleanouts, meters, services, isolaon valves, blow-offs, fire hydrants, inlets, juncon boxes, headwalls, wingwalls, rip-rap aprons and all other appurtenances. Our survey will denote size, material type and flow direcon as applicable. We will locate top of operang nut elevaons for visible ulity valves. Accessible ulity manholes will be detailed idenf ying: structure size, material type, rim elevaons, measure downs and corresponding flow line and top of pipe elevaons for visible pipe wall penetraons. Upstream and downstream sanitary and storm sewer rim and invert data will be shown. Building/Structure Details: The limits of structure, ground elevaon adjacent to those limits,visible roof drain ou alls and finished floor elevaon will be sho wn for all buildings and structures within the proposed survey limits. Fence and Retaining Walls: We will provide locaon, height and material type for fences located within the project limits. Provide the locaon and material type for retaining walls and provide top and bo om of wall elevaons along its length at grade changes. Right-of-Way and Property: Our survey will locate and a exisng right-of-way, property lines and easements, including type, size, volume and page, where applicable. We will show lot, block, abstract number, adjacent street names and property address. City and County boundaries will be shown where applicable. Property owner and business names will be shown on the survey. Roadways and improved Surfaces: Roadways, driveways, alleys and sidewalks will be located and idenfied on the survey. Exisng width and c omposion of impr oved surfaces will be shown on the survey. • Exisng lane markings and signag a will be idenfied on the sur vey. Surface Drainage Features: We will locate and a top, toe and flow lines of exisng swales, channels and creeks with the project limits. Our survey will locate headwall and wingwalls and denote number, size, material type, {low line and top of pipe elevaon f or culvert conduit(s). Trees, Shrubs, Landscaping and Irrigation: We will locate trees 4" or larger in diameter, shrubs and landscaping features and provide idenfic aon notes accordingly. We attempt to provide tree common name and caliper as measured approximately four feet off the ground. Major tree and brush lines will be delineated on the survey. Exisng visible irrigaon s tructures and planters will be located on this survey. Methods and Precision Basis of Control: City of Fort Worth verc al control will be used to establish our verc al values.The Allterra VRS GPS system will be used to establish our horizontal values. Coordinates shall be reported with a precision of+/-0.01 feet Project Coordinate System: Survey coordinates will be provided in a project modified State Plane "surface" posion. The project scaling point and factor will be labeled and shown in CAD. Basis of control and all other pernen t details will be described in the CAD files and on the control descripon shee ts. Horizontal and Vertical Control Methods: Horizontal and verc al control will be established using stac GPS methods and will be adjusted using tradional traverse techniques. Verc al control will be leveled using a digital level. Control will have an accuracy of+/-0.04' at the me of sur vey. Data Collection: RTK GPS and robot t otai staons will be used f or a majority of this survey. Deliverables:Topographic Survey CAD Format: AutoCAD Civil3D 2018 format CAD files. Project Scale: 20 scale Base Map: An electronic base map at 1:1 scale (base unit US Survey Foot) containing pernen t Topographic field data will be prepared. • Naonal CAD St andard draing s tandards including layers and styles will be used. • Text will be oriented with north being true reading West to East. • The base map shall be in AutoCAD DWG format. Spooner and Associates, Inc., 309 Byers Street, #100, Euless, Texas 76039 - Ph. 817-685-8448 espooner@spoonersurveyors.com -TBPLS Firm No. 10054900 SPOONER& 309 Byers Street, #100 &IAWTV=. - 3 AEuless, 6039 §SOCIATESEER Texas, -8448 SED PROEESSMAf LAND SURVEYORS 817-68S-8448 www.spoonersurveyors.com • DTM generated contours shall have one-foot minor and five-foot major intervals. • XML surface file, defining the AutoCAD Civil 3D surface. • Drone imagery will be used as a background in our deliverable. • PDF electronic copies of all project research used to workup the project mapping which includes but is not limited to plats, deeds, right-of-way maps and provided ulity map s. • PDF electronic copies of all the Texas811 ck ets and correspondence. • PDF copy of all field notes. • PDF copy of the survey base map is not included. Survey Control and Material: • 5/8" iron rods with cap and/or mag nails will be used as a control material. • Horizontal and verc al control points will be set at 500' intervals within the project area. Where possible, control monumentaon shall be located sufficiently away from the project limits so as not to be disturbed by construcon acvies. Point File: A comma delimited ASCii file showing point number, northing, easng , elevaon and descripon shall be provided for all data collected on this project. Field Sketches and Site Pictures:Applicable field sketches and site photographs depicng any special field informaon shall be provided in digital form. Assumptions:Topographic Survey Abstracting Services: This esma to does not include hiring an abstractor to conduct abstracng services for property, easement and right-of-way research. Current plang and/or deed informaon available at the County and informaon pr ovided to the Surveyor by the client and/or owner will be used for this project. Additional Project Services: This esma to includes mapping as shown on "Attachment C". Addional services requested beyond what is shown on Attachment C and/or detailed herein may result in a request for addional compensaon. Arborist Services: This esma to does not include the services of an arborist or licensed landscape architect to provide tree size and scienfic name. The surveyor will make an attempt to approximately idenf y the common name and size of each project affected tree. Construction Staking Services: This esma to does not include staking of any kind for the construcon of this project. Project control will not be refreshed prior to the commencement of construcon. Texas811 Coordination: This esma to includes only one attempt to capture Texas811 markings. The services will be ordered 5 days prior to the survey start date. Markings not set by Texas811 prior to the me of field mapping collecon will not be sho wn on the survey. Public Utility Records Research: This esma to includes public ulity records research. Recovered vault data will be delivered to the Designer/Owner in PDF format. SUE Level C & D / Public and Private Franchise Alignments: This esma to includes placing underground public and private ulity alignments on the face of the survey based on observed surface evidence and City vault data for public alignments.Texas811 markings will be used to locate private ulity alignmen ts. Right of Entry:This esma to does not include right-of-entry services. Sub-Surface Utility Investigation: This esma to does not include sub-surface excavaon to confirm underground ulity loc sons. All ulity line w ark will be based on surface field evidence and provided record drawing research SUE Test Hole and Marker Locations: This esma to does not include the locaon and collecon of data regarding test-hole locaons or SUE markings loc aons perf ormed by SUE contractors. Soil Borings: This esma to does not include the locaon of soil borings pert ormed by others. Spooner and Associates, Inc., 309 Byers Street,#100, Euless, Texas 76039 - Ph. 817-685-8448 espooner@spoonersurveyors.com -TBPLS Firm No. 10054900 SPOONER& 309 Byers Street, #100 A§SOCIATES Euless,Texas, 78448 Fmw PitOMMMAl1AND NWEYaRs 817-685-8448 ' www.spoonersurveyors.com Scope: Right-of-way and Easement Instrument Services The Surveyor will prepare metes and bounds descripons with accompanying map exhibit for permanent and temporary instruments on an as needed basis. Deliverables • One electronic executed PDF of the complete instrument for each parcel. • Exisng appraisal district tax card, parent deed and/or plat, map check for each exhibit and all other supporng documen taon. • Three original hard copies of the complete instrument for each parcel. • All documents will include NAD83 GRID coordinates for the point of beginning, horizontal scaling factors and basis of bearings informaon. Assumptions Instrument Format: All instruments will strictly follow controlling jurisdicon guidelines and procedures for the preparaon of ins trument documents. Design changes: This esma to includes only one submi al based on a pre-approved design of the project.All changes due to re-design after the inial submi al for each phase will be invoiced back to the Client/Owner at an hourly cost. Staking of ROW/Easement Corners: The Surveyor will stake the instrument corners once final documents have been approved by the owner/client. Work Schedule: Topographic Survey: The Surveyor will have the survey as described above completed within 4 weeks from the receipt of wri en authorizaon t o proceed. Spooner and Associates, Inc., 309 Byers Street, #100, Euless, Texas 76039 - Ph. 817-685-8448 espooner@spoonersurveyors.com -TBPI-S Firm No. 10054900 SPOONER& 309 Byers Street, #100 A§SOCIATES Euless,Texas,76039 ISWED PROFS SOM SAND S9RY"M 817-685-S44 S www.spoonersurveyors,com ATTACHMENT B Fee Schedule FTW Cantrell Sansom Road Client/Owner shall compensate Surveyor for services rendered in accordance with the following: FIXED FEE: Services performed,as described above, will be invoiced fixed$13,935 Easement and ROW Services:This esma to assumes 3 instruments to be prepared. $4,200 R.O.W. and Easement Fees: Each easement instrument shall be invoiced at a minimum of$1,400 per parcel/owner. Instruments that require more than (2) two specifically described conveyances of easement rights per parcel/owner will be invoiced at $700 per each addional c onveyance, REIMBURSABLE EXPENSES: The following expenses will be charged on an as-used basis: Mylar prints$25/sheet Shipping at cost Delivery Fee Other out-of-pocket expenses A er a period of 12 months from the date of this Agreement, all fees remaining under this contract are subject to an increase of up to at the discreon of the Sur veyor,and may further be increased by 3%annually thereafter Thank you for this opportunity to work with your team, please do not hesitate to call me should there be any quesons or c oncerns. Spooner and Associates, Inc. Eric Spooner, RPLS Spooner and Associates, Inc., 309 Byers Street, #100, Euless, Texas 76039 - Ph. 817-685-8448 espooner@spoonersurveyors.com -TBPLS Firm No. 10054900 SPOONER& 309 Byers Street, #100 A§SOCIATES Euless' Texas, 78448 59MUFD PAOMvoaai LAND SUAMnas $17-6$5-8448 www.spoonersurveyors.Corn AUTHORIZATION TO PROCEED FTW Cantrell Sansom Road In accordance with this esma te, dated 9-19-19 respecv ely, the Surveyor is hereby authorized to proceed with the following phases of the project: CLIENT/OWNER Burgess and Niple, Inc. By: Print: Title: Date: Spooner and Associates, Inc., 309 Byers Street, #100, Euless, Texas 76039- Ph. 817-685-8448 espooner@spoonersurveyors.com -TBPLS Firm No. 10054900 i 4 f s _ Ilkr ,, Jol rt ' to Qp p o a O O O O 0 0 0 d o o d d o O o 0 0 0 O 0 0 0 0 O 0 tl O O O O R 4 4 O 4 0 o a o a 09 0 0 0 0 o O 4 4 4 0 a F ~ In 4 o 0 0 0 0 o 0 o 0 0 o o 0 0 o O o u/ o 4 P o 0 o O 4) J F m 4A Fa w w w w w w H3 Ea bq o 69 w fl3 69 w w m 4a 69 W w w w w Wr'i r�- O m eia �n to J � U LL Z _ m o Q Q d Q d d d d d 0 0 0 0 0 0 0 0 0 0 W xxd N Z Z Z Z` Z Z 'Z Z o 0 0 o 0 o a o o o QF (V w w to tR EA V3 w co 4A (a w m J O R o o o a o a o 0 o o 0 d o d o d d o o O d d d o o R O a a 4 a. o a a O a a a O o d d F F v] o o o o o o o O 0 O d o o O o 0 0 o LO d d O O co rn m w w w w w w w w w w ca 6a to en w w w m w vi m U of M D - 1 1 1 1 1 1 1 1 1 1 1 1 1 is r o 0 0 0 o a o d d o tl o 0 0 0 o a o a w F > w O F- �ti o 0 4 0 0 o a o 0 0 0 0 0 0 0 0 0 0 Q 0 F- 0 2 w F o E o 4 w U w a. w a ((n 6D W J U o J o ❑ Z U R Lo W u to G1 W o o w d -j L) 'aZ o w LU w — ci Z w o tl m 4 � m U U w Q 2 E VI Ul � a. Wo �+ o a I C 'p LL W a coa J a ff � o U} a► Z �a � m 'p 0 L J ❑ V C li W LU o o C U v N CL N W 4L tl U U U U U m U o o O 61 dl W N d loo 6f u a, G G V w w a 0 Cl C) o a0 Q �- W J o 0[L W a0 N V N p w fa 49 w a m o � W w (9 o V O Z N N eNn a d O W� a to � a � 05 . 5 5 z = 0 ~ O 0 $ a 0 o 0 Wd a . � � � � A ZU§ " o 0 0 p u y m o E m m op u r w N w w o a ICL in�Ana w ' z N � � m a U [n in N 'O 'Q E N dl Y3 o m U Uco cr,° w m ca m o ° c w 0 e m a m U U U 'u� v O 9 c Q o N N a chi O U o a w w O z ez THE RiosGRoup 7400 Sand Street I Fort Worth, Texas 76118 817.345.7500 p 1 817.345.7505 f September 16, 2019 William D. Wendland, P.E. Burgess &Niple, Inc. 3950 Fossil Creek Blvd#210 Fort Worth, TX 76137 RE: Subsurface Utility Engineering Cantrell Sansom Rd. Dear Mr. Wendland: The Rios Group, Inc. (TRG) is pleased to submit a cost proposal for Subsurface Utility Engineering (SUE) required for the above referenced project. This proposal is based on information contained in your email dated September 13, 2019. Introduction TRG will perform the SUE work required for this project in general accordance with the recommended practices and procedures described in ASCE Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). As described in the mentioned ASCE publication, four levels have been established to describe the quality of utility location and attribute information used on plans. The four quality levels are as follows: • Quality Level D (QL"D")—Information derived from existing utility records; • Quality Level C (QL"C") - QL"D" information supplemented with information obtained by surveying visible above-ground utility features such as valves, hydrants, meters, manhole covers, etc. • Quality Level B (QL"B") — Two-dimensional (x,y) information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as "designating" this quality level provides the horizontal position of subsurface utilities within approximately one foot. • Quality Level A (QL"A") — Three dimensional (x,y,z) utility information obtained utilizing non-destructive vacuum excavation equipment to expose utilities at critical points which are then tied down by surveying. Also known as "locating", this quality level provides precise horizontal and vertical positioning of utilities within approximately 0.05 feet. It is the responsibility of the SUE provider to perform due-diligence with regard to records research (QL "D") and acquisition of available utility records. The due-diligence provided for this project will consist of visually inspecting the work area for evidence of utilities and reviewing the available utility record information. Utilities that are not identified through these efforts will be here forth referred to as "unknown" utilities. TRG personnel will scan the defined work area using electronic prospecting equipment to search for "unknown" utilities. However, TRG is not responsible for designating and locating these "unknown"utilities. SUBSURFACE UTILITY ENGINEERING I UTILITY COORDINATION www.rios-group.com Mr. Wendland Cantrell Sansom Rd. September 16,2019 Page 2 of 3 Scone of Work Based on information provided by Burgess & Niple, Inc. (B&N), TRG has developed a preliminary scope for the SUE work required for this project. The scope of work may be modified, with B&N's concurrence, during the performance of the SUE fieldwork if warranted by actual field findings. The scope of this proposal includes Quality Level "A" and `B" SUE. Utilities to be designated include gas, telecommunications, electric, traffic signals, storm, water and sanitary sewer. Designating will be performed within the limits as indicated in the attached "Exhibit A". Eight (8) QL "A" test holes will be included in the budget. Test hole locations will be determined by B&N and TRG once the QL "B" SUE deliverable has been reviewed. TRG will have all designating marks and test holes surveyed using project control point data provided by B&N. Any necessary Right-of-Entry (ROE) permits will be provided by B&N prior to the start of TRG field work. Designating Procedures Prior to beginning field designating activities, TRG's field manager will review the project scope of work and available utility records. Once these initial reviews are complete, the field manager and technicians will begin designating the approximate horizontal position of known subsurface utilities within the specified project limits. A suite of geophysical equipment (electromagnetic induction, magnetic) will be used to designate metallic/conductive utilities (e.g. steel pipe, electrical cable, telephone cable). TRG will establish routine/ordinary traffic control (cones and free standing signage, etc.) whenever required as part of our standard pricing. If non-routine traffic control measures are required (barricades, flag person, changeable message board, etc.), these services will be considered extra. Accurate collection and recording of designated utilities is a critical component of the SUE process. TRG utilizes a proven method of collecting and recording survey information once the utilities have been designated in the field. TRG's field manager will produce detailed sketches depicting each utility as well as relevant surface features such as roadways, buildings, manholes, fire hydrants, utility pedestals, valves, meters, etc. Each utility will be labeled with a unique ID code. For example, if two different water lines exist on the project, one will be labeled W1 and the other W2. Paint and pin flags will be used to designate the utilities in the field. A labeled pin flag or paint mark will be used to mark each location where a survey shot is required. The locations will be numbered sequentially for each individual utility line. For example, if there are 10 shots required on water line W l,the points will be numbered WI-1 through W 1-10. Locating Procedures TRG will utilize non-destructive vacuum excavation equipment to excavate test holes at the required locations. Due to the risk of damage, TRG will not attempt to probe or excavate test holes on any AC water lines unless approval is obtained from the owner in advance. Once each utility is located, TRG will record the utility type, size, material, depth to top, and general direction. Each test hole will be assigned a unique ID number and will be marked with a nail/disk. The test-hole ID number and other pertinent utility information will be painted at each test-hole location. SUBSURFACE UTILITY ENGINEFRING I UTILITY COORDINATION www.rios-group.com Mr. Wendland Cantrell Sansoin Rd. September 16,2019 Page 3 of 3 We have assumed that all test holes will be in areas that are accessible to truck-mounted equipment, and that routine traffic control (cones and free standing signage, etc.) will be required during the performance of the QL "A" SUE work. Deliverables TRG will produce a utility file, in AutoCAD format, depicting the type and horizontal location of the designated utilities. The size of each utility will be presented in the utility file if this information is indicated on available record drawings. TRG will also provide a summary sheet of the test hole coordinate data and depth information. B&N will provide TRG with base map/topographic files for use in preparing the utility file. Schedule Field work can commence within approximately 2 weeks after receipt of NTP. TRG estimates that the work can be completed in approximately 4 weeks. Proposed Fees TRG proposes to provide the services as described above for a cost of Thirty Thousand Dollars & 001100 ($30,000.00). A breakdown of cost is included as "Table 1" for this proposal. Please note that this estimate is based on an assumption of quantities. TRG will only invoice for quantities actually performed. This is a not-to-exceed amount. If it appears that quantities will be exceeded, TRG will notify B&N and request authorization to subinit a supplemental agreement to increase the fee prior to proceeding with additional work. We look forward to working with you on this project. If you have any questions or require additional information,please contact me. Sincerely, The Rios Group,Inc. _44-4--- 1^ Tim Habenicht, P.E. Project Manager SUBSURFACE UTILITY ENGINEERING I UTILITY COORDINATION www.rios-group.com (Z Estimate for Subsurface Utility Engineering Cantrell Sansom Rd. TiHE RIOSGROUP Table 1 Direct Expenses Rate Units Unit Description Sub-Total Notes Admin./Perm it --- $500.00 . . »..O_ ----� LS- ---- ---------- �-I-- -- ------��__ ......e.............i..__.._.... _._..._ __ ._.�_......_._._�.. Traffic Control $1.500.00 I 2 I Dail -_i 1 $ 3,000.00 if needed for QL"A" -----------------------�.---------i---------- -- ---i_---_--------------... Survey $1,850.00 2 Dail ' $ 3700.00 Sub-Total 6,700.00 QL"B","C&D" Rate I Units i Unit Descriptionl I Sub-tofal ...................e.i�_...__._._ .._.._...... .._.�............._.�_....__.._..._-.---.. QL"B"Daily $2,50D.OD I 5 I Dail I $ 12,500.00 Sub-Total $ 12,500.00 SUE QL"A"STest Holes In Pavement Using' Assumed 1 Outside Assumed I Depth Coring Machine Quantity ; Pavement Quantity ! ------------------------ 0 4 ft. $ _1,150.OD- ----------.-j ------ 950i00�-------4 -----i-$ ,-- 8------ -- - -- 4-8 ft. $ 1,450.00- -- 4-----+$---- 1,250.001,--------------- 8-12 ft. $---------1,750.06-t--_-- 12-18 ft. $ 2,500.001 0 $ 2,300.00 0 1 $ - QL"A"Sub-Total 4 4 $ 10 800.00 Total Estimated Cost = $ 30,000.00 SUBSURFACE UTILITY ENGINEERING I UTILITY COORDINATION 7400 Sand St.Fort Warta,TX 76118 1 817-345-7500 www.rios-group.com — —. - I it ,..,_ _._—. -• ' '� � t o.r p2-0 OIL)a0-Wl0^� k ~ I `} Ja.Haoa�algel -- -- - ka sT • F -' — � N• I ����1 1 �t i y C , rd } • � F z 5 — 7 m 7636 Pebble Drive _.. i ENGINEERING, INC. Fort Worth,Texas 76118 %"mcmjengr.col" Proposal No. 19-7445 September 16, 2019 Burgess & Niple, Inc, 3950 Fossil Creek Boulevard, Suite 210 Fort Worth, Texas 76137 Attn: Mr. William D. (Billy) Wendland, P.E. PROPOSAL FOR: GEOTECHNICAL ENGINEERING SERVICES CANTRELL SANSOM ROAD IMPROVEMENTS MARK IV PARKWAY TO IH-35W FRONTAGE ROAD FORT WORTH, TEXAS Dear Mr. Wendland: INTRODUCTION CMJ Engineering, Inc. (CMJ) is pleased to submit this proposal for providing geotechrlical engineering services in conjunction with the above-referenced project. We prepared this proposal based on an email from you and on the preliminary scope submitted to this office. The project, as currently planned, will consist of improving and widening Cantrell Sansom Road from Mark IV Parkway to IH-35W Frontage Road for an approximate project length of 2,100 linear feet. In addition, (old Denton Road will be widened from Cantrell Sansom Road northward approximately 500 linear feet. The proposed paving is anticipated to consist of Portland cement concrete (PCC). This investigation meets the requirements of the City of Fort Worth Pavement Design Manual, dated January 2015. For purposes of this proposal, it is assumed that all borings are accessible to truck-mounted drilling equipment and that traffic control will be required for select boring locations. In addition, it is assumed that underground utilities at boring locations will be coordinated by CMJ Engineering, Inc, via DigTESS prior to field drilling. Phouc(817)204-9400 Fax 017) 589-9993 Metro(817)589-9992 CMj CNGINI PRING,INC. Burgess & Niple, Inc, Proposal No. 19-7440 September 16, 2019 Page 2 SCOPE OF SERVICES I. BASIC SERVICES A. SUBSURFACE EXPLORATION Based on past experience in the vicinity of the project, we anticipate subsurface conditions to consist of soils and rock of the pawpaw, Weno, Denton (undivided) geological formation. Experienced drillers and technicians will evaluate subsurface conditions with six (6) sample borings drilled to a depth of 10 feet. The field personnel will drill the borings using truck mounted equipment. Cohesive and non- cohesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split-spoon samplers, respectively. In addition, rock encountered will be evaluated by use of Texas Department of Transportation (TXDOT) cone penetration tests. A soils logger will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. CMJ's personnel will stake the boring locations using normal taping procedures. The approximate location of the borings will be shown on the plan of borings. Precise surveying of the boring locations and elevations is not included in the cost estimate. These services may be provided as Additional Services upon request At the completion of drilling operations, the boreholes will be backfilled with sand and plugged at the surface with concrete. B. LABORATORY SERVICES Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will be required for classification purposes, and to determine subgrade stabilization and strength characteristics. The following types of tests are therefore recommended; • moisture content and soil identification • liquid and plastic limit determinations • percent passing the No. 200 sieve • unit weight determinations • absorption pressure and/or one-point pressure swell tests • Eades and Grim lime series tests • soluble sulfates The specific types and quantities of tests will be determined based on geologic conditions encountered in the borings. CMr ENGINEERING,INC. Burgess & Niple, Inc. Proposal No. 19-7446 September 16, 2019 Page 3 C. ENGINEERING SERVICES An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. We will provide two copies of the report. The report will address: • general soil and ground-water conditions • recommendations for pavement subgrade stabilization type, depth and concentration • guidelines for new concrete pavement design per City of Fort Worth standards • earthwork recommendations Items other than those specified above, which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services, if required and requested, will be performed as Additional Services. Additional Services are described in Section II, D. COMPENSATION FOR BASIC SERVICES It is proposed that the Basic Services described above be performed on a unit price basis, in accordance with the attached Basic Services Cost Estimate. Based on the anticipated scope and the attached Basic Services Cost Estimate, the total cost of the Basic Services should be on the order of $7,100 to $7,200. For budget purposes, a maximum cost of $7,200 is recommended. This cost for Basic Services will not be exceeded without prior authorization. The estimated costs shown In this proposal are based on the anticipated soil conditions. The final invoice will be based on the specific quantities drilled and tested. If unanticipated conditions are encountered during drilling, we will notify you accordingly. E. SCHEDULE FOR BASIC SERVICES Weather permitting, we plan to initiate these studies within ten days of receipt of notice to proceed, and anticipate that one working day will be required to complete the subsurface exploration for the site (weather conditions permitting). You will receive the final report approximately four weeks following the completion of the field phase. We will make preliminary design data available sooner if necessary. II. ADDITIONAL SERVICES A. AUTHORIZATION AND SCOPE Additional Services will be performed only if specifically requested and authorized by Client. Additional Services may consist of the following: CMJ ENGINEERING,INC. Burgess & Niple, Inc, Proposal No. 19-7445 September 15, 2019 Page 4 • Additional subsurface exploration, including quantities or items other than described in Basic Services. • Bulldozer or other equipment services required to achieve access to boring locations. • Stand-by time or time in excess of one-half hour required for travel between boring locations. • Additional laboratory services, including quantities or items other than described in Basic Services. • Additional insurance coverage or limits (if available) other than CMJ's standard policies. • Additional engineering services, including personnel time and expenses for items not specifically described in Basic Services. This may include, but is not limited to, additional meetings requested by Client or Client's other consultants, assistance to Client in dealing with regulatory agencies, preparation and engineering assistance in legal proceedings, and evaluation of alternative designs for the project or relocation of structure, following initial submittal of the geotechnical report. • Additional copies of the report, other than the number described in Basic Services. • Any other required or requested services authorized by Client, other than those specifically described in Basic Services. B. COMPENSATION AND SCHEDULE FOR ADDITIONAL SERVICES Additional Services, when authorized by Client, will be in accordance with our Schedule of Fees, Additional Services will be performed at reasonable times and within reasonable schedules as requested by Client. Authorized Additional Services will be billed as a separate item on invoices and a description of the Additional Services will be provided, III, TERMS AND CONDITIONS The scope of services will be performed pursuant to the attached CMJ Terms for Geotechnical Engineering Services, which is incorporated into this proposal, Thank you for the opportunity to present this proposal. Please sign the attached Terms for Geotechnical Engineering Services and return one complete copy of this proposal as your authorization to proceed. Facsimile signatures shall be sufficient unless originals are requested by a third party. This proposal and any attached fee schedule are valid for 90 days from the date listed on this proposal. Do not hesitate to call if you have any questions or if you have suggestions regarding changes to the agreement or to the proposed scope of services. CM)ENGINEERING,INC. Burgess & Niple, Inc. Proposal No. 19-7445 September 16, 2019 Wage 5 We look forward to working with Burgess & Niple, Inc. on this project. Respectfully submitted, CM] ENGINEERING, INC. James . Sappington IV, P.E. Pre id nt copies submitted: (1) Mr. William D. (Billy)Wendland, P.B.; Burgess & Niple, Inc. (by e-mail) CMJ ENGINEERING, INC. GEOTECHNICAL ENGINEERING SERVICES BASIC SERVICES COST ESTIMATE PROPOSAL: 19-4775 DATE: SEPTEMBER 16, 2019 PROJECT: CANTRELL SANSOM ROAD IMPROVEMENTS MARK IV PARKWAY TO IH-35W FRONTAGE ROAD FORT WORTH, TEXAS SUBSURFACE EXPLORATION Quant. Unit $ Total $ Mobilization (Drill Rig and Flagmen) 1 660.00 660.00 Soil Drilling-Intermittent Sampling (0-25 ft.) 60 15.00 900.00 Sand Backfill (ft.) 10 7.00 70.00 Asphalt Patch (ea.) 1 25.00 25.00 Set-up and Rig Standby Time (hr.) 2 220.00 440.00 Traffic Control Barricades 1 400.00 400.00 Flagmen 4 90.00 360.00 Underground Utility Check 1 160.00 160.00 City of Fort Worth Street-Use Permit 1 100.00 100.00 Subtotal Subsurface Services $ 3,115.00 LABORATORY SERVICES Moisture Content and Soil Identification 42 7.00 294.00 Liquid and Plastic Limits 11 58.00 638.00 Percent Passing the No. 200 Sieve 6 46.00 276.00 Unit Weight 6 12.50 100.00 Free Swell 2 78.50 157.00 Lime Series 1 156.00 156.00 Soluble Sulfates 6 75.00 450,00 Subtotal Laboratory Services $ 2,071.00 ENGINEERING SERVICES Senior Principal Engineer 3 136.00 408.00 Staff Engineer 14 92.50 1,295.00 Drafting & Secretarial Support 4 44.00 176.00 Misc. Expense (report production, mileage, etc.) 1 100.00 100.00 Subtotal Engineering Services $ 1,979.00 TOTAL ESTIMATE $ 7,165,00 TERMS FOR GEOTECHNICAL ENGINEERING SERVICES THE AGREEMENT This AGREEMENT is made by and between CMJ ENGINEERING, INC.,hereinafter roferrod to as GEOTECHNICAL ENGINEER, and BURGESS& NIPLE,INC.,hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS, the attached proposal identified as Proposal No. 19-74415, dated Septombor 16, 2019 and any exhibits or attachments noted in the PROPOSAL. Togother, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreemonts either written or oral, which the parties expressly disclaim. Any changes to this AGREEMENT must be mutually agreed to In writing.Neither party may assign or transfer this AGREEMENT, STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings,surveys, or oxplotstions are made, and that site conditions ntey change with time. Data, intorprotations, and recommendations by GEOTECHNICAL ENGINEER will be based solely on Information available to GEOTECHNICAL ENGINEER. GEOTECHNICAL ENGINEER Is responsible for those data, Interpretations, and recommendations,but will not be responsible for other parties'Interpretations or use of the information developed. Services performed by GEOTECHNICAL ENGINEER undor this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession practicing contempbroneously under similar conditions in the locality of the project (this Is called the "Standard of Care"). Tile Standard of Care shall seloly govern GEOTECHNICAL ENGINEER's performance of the Services. Linder no circumstance Is any warranty, expressed w implied, n1ade in connection with the providing of gootschnlcal unginoarina services. in all cases the GEOTECHNICAL ENGINEER shall be acting as an independent consultant and no provision or obligation expressed or implied herain shall create an employment,agency,or fiduciary relationship between the GEOTECHNICAL ENGINEER and the CLIENT. documents prepared by the GEOTECHNICAL ENGINEER are intended for use solely With the project identified In the PROPOSAL acid for no other project, for the time period stated by the GEOTECHNICAL ENGINEEER and for no longer, and for no party other than the CLIENT. Accordingly, the CLIENT shall not use documents prepared by the GEOTECHNICAL ENGINEER for additions or alterations to the project Identified in the PROPOSAL,for other projects,or beyond the time period stated by the GEOTECHNICAL ENGINEER,and ilia CLIENT agrow;to Indemnity, defend, and hold harmless the GEOTECHNICAL ENGINEER against all claims )including negligence) losses, damages, Including reasonable attorney's foes, arising out of any use of documents prepared by tho GEOTECHNICAL ENGINEER without the direct Involvement and concurrence of the GEOTECHNICAL ENGINEER. Further, nothing In this AGREEMENT shell create a contractual relationship with or a cause of action in favor of a third-party against ilia GEOTECHNICAL ENGINEER. SITE ACCESS AND SITE CONDITIONS As a condition to GEOTECHNICAL ENGINEER's performance of Ita services,CLIENT will grant or obtain free access to the site for all equipmanl and personnel necessary for GEOTECHNICAL ENGINEER to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project silo that CLIENT has granted GEOTECHNICAL ENGINEER free access to the site. GEOTECHNICAL ENGINEER will take reasonable precautions to minimizo damage to the site, but it is understood by CLIENT that,in the normal course of work,some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL, CLIENT Is responsible for accurately delineating the locations of all subterranean structures and ulllitles, GEOTECHNICAL ENGINEER is umItiod to rely upon the accuracy and completeness of information that CLIENT and its consultants and contractors provide GEOTECHNICAL ENGINEER, GEOTECHNICAL ENGINEER will take reasonable precautions to avoid known subterranean structures, and CLIENT wolves and roloases any claim, Including negligence, against GEOTECHNiCAL ENGINEER nrlsing from damage done to subtorranoon structures and utilities not Identified or accurately located, SAMPLE DISPOSAL GEOTECHNICAL ENGINEER will retain samples transported to tho geotechnicai laboratory for tasting for a period of thirty(30) days following submission of the report covering those samples, Further storage or transfer of sarnplos can be made at CLIENT'S expanse upon CLIENT'S prior written request. OBSERVATION if GEOTECHNICAL ENGINEER is retained by CLIENT to provide a site representative for the purpose of observing specific portions of construction work or other field activities as set forth In the PROPOSAL, then this phrase applies. For ilia specified assignment, GEOTECHNICAL ENGINEER will report observatlons and professional opinions to CLIENT. No action of GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER'S vile representative can be construed as altering any AGREEMENT between CLIENT and others. GEOTECHNICAL ENGINEER will report to CLIENT any observed gootochnicelly-related work which,in GEOTECHNICAL ENGINEER'S professional opinlon, dons not conform with plans and specifications,but GEOTECHNICAL ENGINEER does not assurrtc a duty to detect any such nonconfortrrance, as Its obligation Is limited to reporting what it observes to CLIENT as stated in this paragraph,The GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for CLIENT. Furthermore, GtOT1 CHNICAL ENGINEER'S presence on site does not in any way guatahine the safety,completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction-related services. TERMS•Page 1 of 3 PROPOSAL NO. '19.7445 CI19.1 ENGINEERING,INC. GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods,techniques,sequences or procedures of construction or other field activities selected by any agent or agreemont or CLIENT, or safety precautions and programs Incident thereto, BILLING AND PAYMENT CLIENT will pay GEOTECHNICAL ENGINEER In accordance with the procedures indicated In ilia PROPOSAL and Its attachments, Invoices will be submitted to CLIENT by GEOTECHNICAL ENGINEER,and will be due and payable upon presontatlon. If CLIENT ohjecls to all or any portion of any invoice,CLIENT will so notify GEOTECHNICAL ENGINEER hi writing within fourteen (14)calendar days of ilia Invoice date, Identify the cause of disagreement, and pay when due that portion of the Invoice not In dispute. in tho absence of written notification described above,the amount as stated on the invoice will be paid. Time Is of ilia essence for payments due GEOTECHNICAL ENGINEER. Accordingly, Invoices are delinquent If payment fins not been received within thirty (30) days from data of Invoice. At the option of the GEOTECHNICAL ENGINEER, CLIENT will pay an additional charge of one-end-one-half(1.5)percent pot month(or the maximum percentage allowed by law,whichever N lower)on any delinquent amount,exeopt for any portion of the Invoiced amount in dispute hod resolved in favor of CLIENT, Disputed amounts withheld by the client which are subsequently resolved In favor of the GEOTECHNICAL ENGINEER will carry the additional charge,as described above,affective thirty(30)days from the date of the original Invoice, In the event CLIENT falls to pay GEOTECHNICAL ENGINEER within sixty (60) days after involcet are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider tho failure to pay the GEOTECHNICAL ENGINEER'$ invoice as a breach of this AGREEMENT. TERMINATION This AGREEMENT may be terminated by either party seven (7) days after written notice In the event of airy preach of any provision of this AGREEMENT or in the event of substantial failure of performance by ilia other party,or if CLIENT suspends the work for more Ilion three(3) months. In the event of termination, GEOTECHNICAL ENGINEER will be paid for services performed prior to ilia date of tatminetlon plus reasonable torminatlen expenses, including, but not limited to the cost of completing arlalyses, records, and reports necessary to document job status at the time of termlhatlon, RISK ALLOCATION In recognition of the relative risks and benefits of the Project to both the CLIENT and the GEOTECHNICAL ENGINEER, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by low, and notwithstanding any other provisions of this Agreement or the existence of applicable Insurance coverage, that the total liability, in the aggregate, of tha GEOTECHNICAL ENGINEER and the GEOTECHNICAL ENGINEER'S officers, directors, employees, agents, and subconsultants to the CLIENT or to anyone claiming by, through or under ilia CLIENT, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or In any way related to the services under this Agreement from any cause or causes, Including but not limited to, the negligence, professional errors or otnisslons,strict liability or breach of contract or any warranty, express or Implied, of the GEOTECHNICAL ENGINEER, or the GEOTECHNICAL ENGINEER'S officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation racoivod by the GEOTECHNICAL ENGINEER under this Agroomont or$50,000, whichever Is greater. Higher limits of liability may bu nugotiated for additional fee. Under no circumstances shall the GEOTECHNICAL ENGINEER be liable for lost profits or consequential, spocial, or Indirect damages, for extra costs or other consequences duo to changed conditions, or for o9sis related to the failure of contractors to perform work in accordance with the plans and specifications. Accordingly, GEOTFCHNICAL ENGINEER and OWNER mutually agree to waive consequential damages, Including lost profits and other delay damages for claims,disputes,or other matters In question orlsing out of or relating to this AGREEMENT. This mutual waiver includes but is not limited to,all consequential damages clue to either party's termination of this AGREEMENT. INDIEMNIPICATION This CLIENT shall Indemnify and hold harmless the GEOTECHNICAL ENGINEER,Its officers,directors,agents, and employees from and against all claims (including negligence), damages, losses, and expenses, including but not limited to reasonable and necessary attorney's foes, arising out of or related to the work or services of the CLIENT or Its agents, employees, consultants and contractors of any tior or any third party under the client's control. Notwithstanding the foregoing, excapt for claims for bodily injury or death of the CLIENT, Its agents, or its subcontractors of any tier,CLIENT shall hot be required to indemnify or hold harmless the GEOTECHNICAL ENGINEER against a claim caused by negligence or fault,the broach or violation of a status, ordinance, governmental regulation,standard, or rule, or the breach of contract by the GEOTECHNiCAL ENGINEER, Its agents or, employees, or any third party under ilia GEOTECHNicAl- ENGINEER'S control, other than the client or its agent,employee,or subcontractor of any tior. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site,and that CLIENT ties Informed GEOTECHNICAL ENGINEER of CLIENTS findings relative to the possible prosencQ of such materials. Hazardous materials may exist at a site whore there is no reason to believe tiny could or should be present. GEOTECHNICAL ENGINEER and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of unanticipated hazardous matorialo may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and safety. CLIENT agrees to componsato GEOTECHNICAL ENGINEER for any equipment decontamination or other costs Incident to the discovery of unanticipated hazardous materials, TERMS -Page 2 of 3 PROPOSAL.NO. 19-7445 CIVI,f ENGINFERING,INC. GEOTECHNICAL ENGINEER agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agancles. CLIENT also agrees to hold GEOTECHNiCAL ENGINEER harmless for any and all consoquonoos of disclosures made by GEOTECHNtCAL ENGINEER which are required by governing low. In the event the project alto is not owned by CLIENT, CLIENT racognizes that it is CLIENT'S responsibility to Inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials, Notwithstanding any other provision of the AGREEMENT, CLIENT releases and waives any claim against GEOTECHNICAL ENGINEER arising from GEOTECHNICAL ENGINEER'S discovery of unanticipated hazardous materials or auspected hazardous materials, Including, but not Iimitod to, the detection, prosonoe, handling, removal, abatement, or disposal of any hazardous materials that exist on or adjacent to Ilia ptojsct Site,and any costs created by delay of the project And any cost associated with possible roductlon of the property's value, CLIENT will be responsible for ultimate disposal of any samples secured by GEOTECHNICAL ENGINEER which are found to be contaminated, This includes any soil or rock cuttings,and contaminated drilling or wash water which Is generated as a consequence of drilling activities. DISPUTE RESOLUTION All claims,disputes, and other matters In controversy between GEOT£CHNiCAL ENGINEER and CLIENT arising out of or In any way related to this AGREEMENT will be submitted to medialion before and as a condition precedent to other romediers provided by law. If a dispute at law arises frorp matters related to the services provided under this AGREEMENT and that dispute raquiras litlgatlon Instead of mediation as provided above,then: (1) the claim wilt be l roughl and tried in judicial jurisdiction of the court of ilia county where GEOTECHNICAL LNGINEER's principal place of business is located and CLIENT waives the right to remova the action to any other county or Judicial jurisdiction,and (2) the prevailing party will be entitled to recovery of all reasonable costs incurred, Including staff time, court costs, attorneys'fees,and other claim related expenses. GOVERNING LAW AND SURVIVAL Tho law of the State of Texas will govern the validity of theso TERMS,their intrrrprotatlon and performance. If any of Ilia provislons contained In this AGREEMENT are held Illegal,invalid,or unenforceable,the enforceability of the remaining provisions will not be Impaired, Limitations of liability and indemnities will survive terminatlon of this AGREEMENT for any cause, 0* * The parties have read the foregoing, understand completely the tortes, and willingly enter Into this AGREEMENT which will become effective on the date slgned below by CLIENT. CMJ ENGIN_-&RfN C. CLIENT By: - - — By: Jame P. Qton IV, P.E. PrS1Ald-. t Position Position aw4s Ilb-"r ,-2019 . bate Data 'fCRMS - Pape 3 of 3 PROPOSAL NO, 19.7445 CMJ ENGINEERING,INC. Ilil Ili CD CQ -- Old Denton Rd Ar w o� a lei Irl 41- - SeafGS� Dr p. .4a n'� I,�w � official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTI DATE: 12/17/2019 REFERENCE**M&C 19- LOG NAME:20CANTRELL SANSOM RD WIDENING NO.: 0421 DESIGN CONTRACT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Engineering Agreement with Burgess & Niple, Inc. in the Amount of$481,712.00 for the Cantrell Sansom Road Widening Project (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Agreement with Burgess & Niple, Inc. in the amount of$481,712.00 for the Cantrell Sansom Road Widening Project. (City Project No. 102217) DISCUSSION: Cantrell Sansom Road from Mark IV Parkway to IH-35W southbound frontage road is approximately 2,200 linear feet in length and identified in the City's Master Thoroughfare Plan (MTP) as a four-lane divided neighborhood connector. For this project, Cantrell Sansom Road is divided into two segments. Segment One is a two-lane rural asphalt roadway from Mark IV Parkway to approximately 300 feet west of Old Denton Road. Segment Two was a developer-funded infrastructure improvement associated with the Carlsbad Addition (City Project Number 100813). Segment Two is a two-lane urban concrete roadway from approximately 300 west of Old Denton Road to the eastern property line of the Carlsbad development. Segment Two requires additional right-of-way (ROW) for the northern half of the four-lane roadway and a short roadway extension of approximately 200 feet to connect into the future IH-35W southbound frontage road. The project is located within Transportation Impact Fee Service Area F and is eligible for transportation impact fee funding. Currently, $3,000,000.00 is available for design, right-of-way (ROW) and construction of these two segments. Transportation Impact Fee funds cannot be used for city staff costs and administrative charges, and the funding for these City costs will be sent to City Council in a future M&C. Additional funding may be necessary for Texas Department of Transportation (TxDOT) review fees and staff costs for the connection to the IH-35W southbound frontage road. MWBE OFFICE - Burgess & Niple is in compliance with the City's BDE Ordinance by committing to 111% SBE participation on this project. The City's SBE goal on this project is 91%. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATIONXERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, funds are available in the current capital budget, as appropriated, in the Transportation Impact Fee Capital Legacy Fund (CFA-Cantrell Sansom Road) project. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount 10 1 ID I I I Year (Chartfield 2)