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Contract 55953
CSC No.55953 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 TranSystems Corporation d/b/a/ TranSystems Corporation Consultants, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Stormwater Design and Franchise Utility Relocations Oversight for the Trinity River Vision-Central City Flood Control Drainage Projects. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $1,247,299.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:May 7,2021 Page 1 of 14 CITY SECRETARY FT. WORTH, TX original effective date: Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 2 of 14 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 3 of 14 (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 contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. 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. Business Equity Participation City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 4 of 14 City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance (Ordinance No. 24535-11-2020 as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation)and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. 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. (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 reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 5 of 14 K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 6 of 14 ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 7 of 14 (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. Litigation Assistance City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 8 of 14 The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. D. Termination City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 9 of 14 (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 10 of 14 G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 11 of 14 to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2271 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 12 of 14 Attachment D - Project Schedule Attachment E - Location Map Attachment F— Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER TranSystems Corporation dba ban,a,au"A o(6 TranSystems Corporation Consultants Dana Burghdoff( 6,202 :06CDT) Dana Burghdoff Assistant City Manager Jul 6,2021 had G rtn r, PE Date: Principal/Sr. Vice President Date: 6/23/2021 APPROVAL RECOMMENDED: l,.)LjC7_L- By:Williamlohnso (Jun 28,202109:29 CDT) William Johnson Director, Transportation and Public Works 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. 7-�/ Mike Bennett(Jun 24,2021 16:58 CDT) Mike Bennett Project Manager APPROVED AS TO FORM AND LEGALITY y�l By:DBlack(Jul2,202111:30 CDT) Douglas W. Black Assistant City Attorney ATTEST: Form 1295 No.2021-736360 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:May 7,2021 Page 13 of 14 CITY SECRETARY FT. WORTH, TX 4 0 boon k�4011'oAM&C No.: 21-0328 Ronald Gonzales �vActing City Secretary d�°°0000000000 all M&C Date: 5/11/2021 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:May 7,2021 Page 14 of 14 CITY SECRETARY FT. WORTH, TX ATTACHMENT "A" Scope for Engineering Design Related Services for Storm Water Improvements Protects 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. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE The objective of the work to be performed under this contract is to perform the tasks described below to develop engineering documents and franchise utility coordination for the USACE/TRV Central City Project. The specific project locations commonly referred to are: Drainage—Viola Outfall, New Bazaar, University Drive, Green Leaf and New Main St Outfall Franchise Utility Coordination — Channel Segment C, Channel Segment D and University Drive WORK TO BE PERFORMED 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 (Not Included) Task 7. ROW/Easement Services (Not Included) Task 8. Survey Services Task 9. Permitting (Not Included) Task 10. Utility Coordination 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 1.2. Communications and Reporting City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 1 of 22 • 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 review meetings with the CITY at the end of each design phase. • Attend biweekly PDT meetings with USACE, TRVA, TRWD, Design Consultants and the CITY. • 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 M/WBE 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 shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 2 of 13 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 (such as TxDOT and railroads), CITY Master Plans, CITY drainage complaint files, existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any) and property ownership as available from the Tax Assessor's office. 2.2. Drainage Computations • 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 current CITY 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. 2.3. Subsurface Utility Engineering Subsurface Utility Engineering (SUE) from the previous City Project No 00969 will be utilized for this contract 2.4. The Conceptual Design Package shall include the following: • Written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. • Cover sheet • Drainage area map with supporting drainage computations in the CITY's standard tabular format. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 3 of 13 • Horizontal alignment (excluding profiles) of proposed storm water improvements, including existing lot layout, streets, street right-of-way, proposed easements, and existing utilities gathered during the SUE within the project limits. • Proposed phasing of water, sanitary sewer, street and drainage work documented in both the project schedule and narrative form. • Documentation of key design decisions (Project Decision Log). • Estimates of probable construction cost. ASSUMPTIONS • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • PDF files of the conceptual design package will be delivered. Drawings will be half size (11" x 17"). • All submitted documents and checklists will also be uploaded t the designated project folder in BIM360 • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY, TRVA and USACE of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package. B. PDF files of Design Package C. Estimates of probable construction cost TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans 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 shall include the following: • Cover Sheet • Drainage area maps showing proposed improvements with drainage calculations and hydraulic computations in accordance with the the current iSWM Criteria Manual for Site Development and Construction. • 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). City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 4 of 13 • Overall project easement layout sheet(s). • Plan and profile drawings of proposed storm water improvements, including existing lot layout with property ownership, streets, curb lines, driveways, medians (if applicable), sidewalks, existing and proposed water and sanitary sewer mains, existing utilities gathered during the SUE and existing utility easements within the project limits. • No less than two bench marks per plan/profile sheet. • The ENGINEER will prepare standard and special detail sheets that are not already included in the City's standard details. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. 3.2. Geotechnical Investigation/Pavement Design (Not Included) • Any geotechnical information used for this contract will be provided by TRVA and USACE that was developed/performed for the Central City Project. 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 the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4 Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future)that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload a PDF file 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. 3.7 Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's website. The typicals need not be sealed individually, if included in the sealed contract documents. • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. ASSUMPTIONS City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 5 of 13 • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • Traffic Control "Typicals" will be utilized to the extent possible. TxDOT Traffic Control Standards will be utilized for conditions not covered by the City's "Typicals" • Specifications for the project will be a combination of the CITY's, TxDOT and Unified Facilities Guide Specifications (UFGS). • 4 half size 11 x17 plans will be delivered for Utility Clearance. • 4 half size 11 x17 plans will be delivered for Constructability Review. • 4 half size 11x17 drawings will be delivered for Preliminary Design. • PDF files created from design CAD drawings will be uploaded to the designated project folder in BIM360. • All submitted documents and checklists will also be uploaded to the designated project folder in BIM360. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY, TRVA and USACE of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings B. Utility Clearance drawings C. Documentation of key design decisions (Project Decision Log) D. Estimates of probable construction cost E. Traffic Control Plans 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: • Final draft construction plans and specifications shall be submitted to CITY per the approved Project Schedule. • The ENGINEER shall submit a final design estimate of probable construction cost with the final design plans submitted. • Following a 90% construction plan review meeting with the CITY, TRVA and USACE the ENGINEER shall submit Final Plans (100%) to the CITY, TRVA and USACE per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. ASSUMPTIONS City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 6 of 13 • Final plans will not be released for bidding until they have been reviewed and approved by CFW, TRVA and USACE • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • 4 half size 11x17 drawings and 2 specifications will be delivered for the 90% design. • A PDF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360. • 2 half size 11x17 drawings and 1 specifications will be delivered for the 100% design. • A PDF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360. DELIVERABLES A. 90% construction plans specifications. B. 100% construction plans and specifications. C. Documentation of key design decisions (Project Decision Log). D. Detailed estimates of probable construction cost for the authorized construction project, including summaries of bid items. 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 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 BIM360 in PDF format. The .pdf will consist of one file of the entire plan set. • The ENGINEER shall sell contract documents and maintain a plan holders list on BIM360 from documents sold and from Contractor's uploaded Plan Holder Registrations in BIM360. • 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 City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 7 of 13 and the response thereto. The log shall be housed and maintained in the project's BIM360 folder 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 BIM360 and mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • Attend the bid opening in support of the CITY. • 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 BIM360. • Assist the CITY with assembling and awarding contracts for construction, materials, equipment, and services. • Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings • Final Design Drawings shall be submitted as an Adobe Acrobat PDF format (version 6.0 or higher)file. There shall be one (1) PDF for the TPW plan set and a separate PDF file for the Water plan set. Each PDF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Singular PDF files for each sheet of a plan set will not be accepted. PDF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053—org3.pdf and K-0320—org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755—org18.pdf PDF files shall be uploaded to the project's Record Drawing folder in BIM360. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 8 of 13 • 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. • 10 sets of construction documents will be printed and made available for purchase by planholders and/or given to plan viewing rooms. 3 sets of 11 x17 half size plans and specifications (conformed, if applicable) will be delivered to the CITY. PDF and DWG files will be uploaded to BIM360. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) E. CFW Data Spreadsheet TASK 6. CONSTRUCTION PHASE SERVICES. (Not Included) TASK 7. ROW/EASEMENT SERVICES. (Not Included) TASK 8. SURVEY. ENGINEER will provide survey support as follows. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 9 of 13 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, utilities as required by the SUE, 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). 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property for field survey, 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 website. 8.3. Construction Survey- Not Included ASSUMPTIONS 1. Surveys will tie to the USACE Central City Flood project for horizontal and vertical control information. 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. TASK 9. PERMITTING. (Not Included) TASK 10. UTILITY COORDINATION 1. The Utility Coordinator shall perform utility coordination and liaison activities with involved utility owners, their consultants, and the State to achieve timely project City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 10 of 13 notifications, formal coordination meetings, conflict analysis and resolution. The Utility Coordinator shall act as the "Responsible Party" as indicated in the TRVA's franchised utility coordination. a. The Utility Coordinator shall coordinate all activities with the TRVA, or their designee, to facilitate the orderly progress and timely completion of the TRVA project design. The Utility Coordinator shall be responsible for the following: i. Monthly PDT Meetings. Attend monthly meeting with TRVA partners to discuss project status and schedule, project requirements and prepare a written report of the meeting. ii. Franchised Utility Design Meetings (project specific). Coordinate and run periodic meetings with interested Franchised Utility Owners to discuss project status, progress, and schedules for utility relocation design and construction. Prepare agenda and written meeting minutes and distribute to TRVA and Franchised Utility Owners. iii. External Communications. The Utility Coordinator shall coordinate all activities with the TRVA and its consultants or other contractors or representatives, as authorized by TRVA. Also, the Utility Coordinator shall provide the TRVA copies of diaries, correspondence and other documentation of work- related communications between the Utility Coordinator, Franchised Utility Owners and other outside entities when requested by TRVA. iv. One-on-One Progress Meetings with Franchised Utility Owners. The Utility Coordinator shall implement a schedule of periodic meetings with each utility company and owner or owner's representatives for coordination purposes. Such meetings shall commence as early as possible in the design process and shall continue until completion of the project. The Utility Coordinator shall provide and produce meeting minutes of all meetings with said utility companies, owners or owners' representatives. The frequency of such meetings shall be appropriate to the matters under discussion with each utility owner. b. Conflict Analysis and Notification. The Utility Coordinator will identify facilities in conflict with proposed construction and notify each Franchised Utility Owner of conflicts and necessary relocations. C. Conceptual Alignments. The Utility Coordinator will provide conceptual alignments of all facilities to be relocated within the project footprint. 2. UTILITY REIMBURSEMENT AGREEMENT REVIEW City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 11 of 13 The Utility Coordinator shall assist the utility companies in the preparation of required agreements associated with the funding of adjustments. a. Plan and Specification Review. The Utility Coordinator shall review and submit Franchise Utility relocation plans to DR Checks at design milestones of 30%, 60%, 90%. The Utility Coordinator will review comments presented through DR Checks and deliver comments to Franchised Utility Owners for comment and revisions. Upon resolution of said comments, the utility design plans will be submitted to DR Checks to verify comments have been addressed in a satisfactory manner. b. Estimate Review and Recommendation. The Utility Coordinator shall review the cost estimate submitted with the Plans and Specifications to verify costs are legitimate and reasonable. Upon receipt of a satisfactory cost estimate, the Utility Coordinator shall recommend approval by the TRVA. 3. UTILITY ADJUSTMENT MONITORING AND VERIFICATION (Not included in Scope) 4. REVIEW AND RECOMMENDATION FOR PAYMENT REQUESTS (Not included in Scope) 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. • Construction services associated with franchise utility relocations related to Utility Coordination/SUE scope • 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. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 12 of 13 • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 13 of 13 ATTACHMENT B COMPENSATION Design Services for Stormwater Design and Franchise Utility Relocations Oversight for the Trinity River Vision- Central City Flood Control Drainage Projects City Project No. 103260, 103261, 130262, 130263 and 103264 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of$1,247,999.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. 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 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant TranSystems Storm Drain Design $1,015,062.80 81.4 Proposed MBE/SBE Sub-Consultants The Rios Group Utility Coordination $232,236.00 18.6 Non-MBE/SBE Consultants TOTAL $1,247,299.00 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE City Project No. 103260, 103261, 130262, $1,247,299.00 $232,236.00 18.6% 130263 and 103264 - Stormwater Design and Franchise Utility Relocations Oversight for the Trinity River Vision-Central City Flood Control Drainage Projects City MBE/SBE Goal = 8% Consultant Committed Goal = 18.6 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 J \ k cu > k ! ¥� \ \ \ . im � // n 2 2 � ` 9 § d -{ 2R } \ ® e\ } \ ) f } = ; \ _ § E _ � ° ^ E « / ® \ \ } \ $ I f/ j § ® § § \ { n ) ( 0 f ® % ` $ SD] \ k0 ■ 26 mesa) 7 § ( - a) a) m % « \ % » � 8 j \ @j > � ` i £ : E ) \ e CD : 13 - � \ � \ � k ®� LU ° \ \ ( ) a ] ) r r2 / \ \ \\ \ (L e o : Cl) k � § § k E ] & 0 ly ; , _ _ , � ) 2 � k �/ \ CL 0.CL>, } } j } j } IL as 3 u /32U) UZ m § b § b § @2 = J Qr IL CL CL En : - -JE \ u | E J f 2< ) - - J k ; \ \ � E - - \ k Ez ! _ ° ; k7 m0 m w0LL ) ) E G \ \ CL m k \%« / e (1) ® 22 = ; : - 2 0 2 § / }d10 u � = � - \ \ \ ee ! § � / # , o 2 � ) iiG w § t \ } z � ® l � 3k § § C I>o I [ 'a > mG )}}/!aCL MO | = : CL \ e7 & ! Q ± CL § \) CL | E m ° ` Im k \ 3 } } cu ƒ � cu 000 5 a s - > + j \ E 0m10 « - ) k ) (! 2« \ @7 \ / . k ) LL /) ) \ \ \ ) \ \/ B ) a) \ / 2 - � zZ2 | - - > a) / o £ U - a) @ � g � - \ \ ) \ ee ! 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CL : - —J ( ; m � \ ° ` \ } § ■ ia } | § � 5 m f - 2« ) _ � k ol § ! 0m { } ) ( \ \ 2 ( �tu ) - I ) !! =0 \ m L) . ) CL Lm % � } ) ) \ cu \ \} / a) $ E , z 2 - - ] > a) 2 £ s / I � [ \2 01 - \ \ ) \ ee ! ± � k E Z � 'o & � ) ! ; ° If ! ! , m / W. 0) 2» ■ § CL _ _ - ° 7� � ` ` CLCL o m » - a » � 0 a as / = oz o }/ / © © = a § ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Stormwater Design and Franchise Utility Relocations Oversight for the Trinity River Vision-Central City Flood Control Drainage Projects City Project No. 103260, 103261, 130262, 130263 and 103264 NONE City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 + W , t o r a r c c rEg — c c c a a c c c 5 c c c c a S = — s s s E a3. .3lip CC E � n o - o ¢ l u n n n n r not $ m u 3 .h u n n a n n a 3 a ? r 3 ~pg w6 @ ?i ��vp a�Y P I P I P Y ► v r F P N Y � 1 � 1 i? p i P I N Y �' p Y' Y i Y p P 1 Y i p p C p i P C Y 1 ! 1 ��� a a [ . 74 CC 'E E ���o ��rvrvvrvrvvvrvvvrrvvvrvrrvvvrvvvvvrvvrvrvvvvvvvv �� N S 3 e 3 S i z � ' I C i a [ g c 5a c a ? a a M R N M F CC a o g FORTWORTH Tran • i o14 rt � lr netery- ti�y��; �,•�she\ � ;ta.. �.. Qll ekw • � �= \\ 1 y r Gree woo �rneter ott W-t � : 4 xF'*_ � -- I' � ram'- ��f� ,�; 1�► w '15 �. e ,i fin:. - p ��E s "►' .. 1�, '� e7C 9. N off• o r EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non-owned autos is acceptable. Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services.Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10)days'notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups.Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincident Wth or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages,whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 CD City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, May 11, 2021 REFERENCE NO.: **M&C 21- 0328 LOG NAME: 20SWM TRV DESIGN CONTRACT SUBJECT: (CD 2) Authorize Execution of a Contract with TranSystems Corporation d/b/a TranSystems Corporation Consultants, in the Amount of$1,247,299.00 for Stormwater Design and Franchise Utility Relocations Oversight for the Trinity River Vision-Central City Flood Control Drainage Projects, Adopt Attached Appropriation Ordinances, and Amend the Fiscal Years 2021-2025 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: l. Authorize the execution of a contract with TranSystems Corporation d/b/a TranSystems Corporation Consultants, in the amount of$1,247,299.00 for stormwater design and franchise utility relocations oversight for the Trinity River Vision-Central City Flood Control Drainage projects; 2. Adopt the attached appropriation ordinance adjusting the receipts and appropriations in the Stormwater Revenue Bonds 2020 Fund by increasing receipts and appropriations in the 5th Street Greenleaf Sump project by $295,875.00, the Bazaar Outfall project by $190,095.00, the Main Street Outfall project by $99,051.00, the University Drive project by $168,285.00, and the Viola project by $250,145.00 (City Project Nos. 103260, 103261, 103262, 103263, 103264) for a total increase amount of$1,003,451.00 and by decreasing receipts and appropriations in the Lebow Channel Flood Mitigation project(City Project No. 103061)by the same amount; 3. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Developer Contribution Fund for the 5th Street Greenleaf Sump project by $58,065.00, the Bazaar Outfall project by $65,549.40, and the University Drive project by $120,233.40 (City Project Nos. 103260, 103261, 103263) for the total amount of$243,847.80 from available funds; and 4. Amend the Fiscal Years 2021-2025 Capital Improvement Program. DISCUSSION: The engineering agreement recommended by this Mayor and Council Communication (M&C) will provide for services related to the relocation of City drainage infrastructure and franchise utilities for the Trinity River Vision (TRV) - Central City Flood Control Drainage projects. The construction of the north and south bypass channels by the Corps of Engineers (Corps) for the TRV Central City Flood Control projects will displace existing City drainage infrastructure as well as franchise utilities and require them to be relocated. While the Corps awaits federal funding for the project, multiple City departments are funding critical path elements with the expectation that expenditures will be reimbursed in the future. This engineering agreement will include the following services for the TRV Central City Flood Control Drainage projects phases: Stormwater infrastructure design and bid phase services: • New Bazaar Outfall (City Project No. 103261) • New Main Street Outfall (City Project No. 103262) • Greenleaf Sump (City Project No. 103260) • Viola (City Project No. 103264) • University Drive (City Project No. 103263) Franchise utility relocation oversight and coordination: • Segment C (City Project No. 103261) • Segment D (City Project No. 103260) • University Drive (City Project No. 103263) The Transportation and Public Works Department issued a request for proposals in 2008 for evaluation, planning, design, and development of long term capacity plans and construction plans for utility relocations of storm water, sanitary sewers systems and water delivery systems for the TRV project. TranSystems Corporation Consultants was selected as the most qualified to be the design consultant for the project. The above listed services are expected to take approximately 21 months to complete. Staff considers the fee to be fair and reasonable for the scope of services proposed. Funding will be reappropriated on an interim basis from the Lebow Flood Mitigation project(City Project No. 103061) and available balance in the Developer Contribution Fund to the TRV Central City Flood Control Drainage projects to ensure the work to relocate City drainage infrastructure does not delay the construction of the bypass channel. Stormwater bond proceeds will be utilized for design of the relocated/replacement drainage infrastructure, which is within the authorized purposes of those bonds (Ordinance 24453-09- 2020). Funds previously allocated into the Developer Contribution Fund from payments made by developers as a part of Future Improvements Agreements will be used as the interim funding source for franchise utility coordination. Future reimbursement received for drainage infrastructure relocation expenditures would be returned to the Stormwater capital program. Reimbursement for the franchise utility relocations expenses would be returned to the Developer Contribution Fund. Funding for these projects was not included in the FY2021-2025 Capital Improvement Program (CTP) because the need had not been identified at the time the CIP was developed. The action in this M&C will amend the FY2021-2025 Capital Improvement Program as approved in connection with Ordinance 24446-09-2020. The following table demonstrates the funding for this project: Project/Fund Name Existin6 Change in Project/Fund Appropriations Appropriations Total Lebow Channel Flood Mitigation (103061) / Stormwater Revenue Bonds 2020 (52007) $13,320,000.00 ($1,003,451.00) $12,316,549.00 Developer Contribution Fund(UNSPEC 30104) IF ($243,847.80) ($243,847,80) 5th St/Greenleaf(103260) / Stormwater Revenue Bonds 2020 (52007) + Developer $0.00 $353,940.00 $353,940.00 Contribution Fund(UNSPEC 30104) New Bazaar(103261) / Stormwater Revenue Bonds 2020 (52007) +Developer Contribution $0.00 $255,644.40 $255,644.40 Fund(UNSPEC 30104) New Main St(103262) / Stormwater Revenue $0.00 $99,051.00 $99,051.00 Bonds 2020 (52007) University (103263) / Stormwater Revenue Bonds 2020 (52007) +Developer Contribution $0.00 $288,518.40 $288,518.40 Fund(UNSPEC 30104) Viola (103264) / Stormwater Revenue Bonds $0.00 $250,145.00 $250,145.00 2020 (52007) Total 1 $13,320,000.00 $0.00 $13,320,000.00 M/WBE Office—TranSystems Corporation is in compliance with the City's Business Equity Ordinance by committing to 13 percent Business Equity participation on this project. The City's Business Equity goal on this project is 8 percent. The project is located in COUNCIL DTSTRICT 2. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are currently available in the UNSPEC—All Funds project within the Developer Contribution Fund and the Lebow Channel Flood Mit project within the Stormwater Rev Bonds 2020 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Developer Contribution Fund and the Stormwater Rev Bonds 2020 Fund for TRVA 5th St. Greenleaf Sump, TRVA Bazaar Outfall, TRVA Main Street Outfall, TRVA University and TRVA Viola projects to support the approval of the above recommendations and execution of the contract. Prior to any expenditure being incurred, the Transportation& Public Works Department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO FundDepartment IDAccountProject IDProgramActivityBudget YearReference # (Chartfield 2)Amount FROM FundDepartment IDAccountProject IDProgramActivityBudget YearReference # (Chartfield 2)Amount CERTIFICATIONS: Submitted for City Manager's Office by: Dana Burghdoff (8018) Ori2inatin2 Department Head: William Johnson (7801) Additional Information Contact: Linda Young (2485) ATTACHMENTS 1. 20SWM TRV DESIGN CONTRACT FID Table.xlsx (CFW Internal) 2. 20SWM TRV DESIGN CONTRACT 30104 R3.docx (Public) 3. 20SWM_TRV_DESIGN_CONTRACT_52007_A021(R2).docx (Public) 4. 20SWM TRV DESIGN CONTRACT funds avail.docx (CFW Internal) 5. 210311_101360-101364_Transystem Comp Memo.pdf (CFW Internal) 6. Form 1295 Certificate 100756291 - CFW.pdf (CFW Internal) 7. Map.pdf (Public) 8. SAM.]2df (CFW Internal)