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HomeMy WebLinkAboutContract 52228 CITY SECRETARY CONTRACT NO. 5aaa� 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 Parkhill, Smith & Cooper Inc. d/b/a Schrickel Rollins / PSC, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Trail Gap Connections. 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 $ 398,732.00 (Three Hundred Ninety-eight Thousand Seven Hundred Thirty-two Dollars) 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 funds or completion of the subject matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment s ` I o (1) The ENGINEER shall provide the CITY sufficient documentation, including N �� but not limited to meeting the requirements set forth in Attachment D to this Q o�� AGREEMENT, to reasonably substantiate the invoices. � v (2) The ENGINEER will issue monthly invoices for all work performed under this City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) TraPage 1 of Connections OFF1 SAL RECORD 9 RECORD CITY SECRETARY FT, WORTH TX AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, 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 (1) The ENGINEER shall advise the CITY with regard to the necessity for City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 2 of 17 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 3 of 17 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 4 of 17 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. (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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 5 of 17 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: premises/operations, 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 6 of 17 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 — the 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 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 7 of 17 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 A:V 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. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 8 of 17 I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Subconsultants 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 subconsultants/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 respondent 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 9 of 17 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 10 of 17 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: "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." City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 11 of 17 (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 will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 12 of 17 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 maybe 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 of 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: City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 13 of 17 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. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 14 of 17 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 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, the CITY is prohibited from entering into a contract with a City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections Page 15 of 17 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. BY: BY: CITY OF FORT WORTH ENGINEER Parkhill, Smith & Cooper Inc. d/b/a Sc1,ricke1 Rollie�s / P S C Fernando Costa Assistant City Manager X. Date: 4 a l9 (Signato 's Printed Name) (Signatory's Printed Title) Date: City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections OFFICIAL RECORD Page 16 of 17 CITY SECRETARY FT.WORTH,TX APPROVAL RECOMMENDED: By: ichard Zavala irector, Park & Recreation 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. Dwi Tay r Pro ct anager APPROVED AS TO FORM AND LEGALITY By: 9�0—v oug as W. Black Senior Assistant City Attorney ATTEST: rm 1295 No: 2019-465208 �5 - 'M&C No: C-29099 ary J. y er City Sec t iry M&C Date: 4/16/2019 City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) Trail Gap Connections CITY SECRETARY Page 17 of 17 FT WORTH,TX Attachment A Scope of Services PROJECT DESCRIPTION Background In August 2017 a Park& Recreation Department study was begun to evaluate gaps in the CITY'S existing recreation trail system. The study identified fourteen gaps of various lengths and ranked their impact on the trail system based upon scoring across ten impact categories. The six highest-ranked gaps were studied at a schematic design level (approximately 30% construction document level) to identify trail development opportunities and constraints and to determine best likely trail connection design configuration. This analysis was conducted separately from but in coordination with other concurrent trail analysis and planning projects by the CITY'S Planning and Development Department, North Central Texas Council of Governments, and Streams & Valleys, Inc. in order to avoid planning conflicts and task overlaps, to share information, and to advance progress in development of the metropolitan area recreational trail system. In May 2018,voters approved the City of Fort Worth 2018 Bond Program which included'Walks and Trails -Trail Gap Connections' described in more detail as 'design and construction of trails citywide to address gaps between trail sections within the trail system, including locations where city funds can be leveraged through grants and partnerships with other organizations and agencies to address gaps between sections within the trail system and create expanded recreational and accessible trail opportunities.' Purpose The purpose of this project is to prepare preliminary design documents for the following trail gap connections which were highly ranked in the CITY'S trail gap study: ■ Buck Sansom Park to Marine Creek Lake Trail —segment from the existing trail located in the northeast corner of Buck Sansom Park to the existing trail located between the trailhead parking area and the boat ramp parking area at the southeast corner of Marine Creek Lake, measuring approximately 1.4 miles in length ■ Arcadia Trail Park South to Arcadia Trail Park North — segment from the existing trail just northeast of the intersection of Seneca Drive and Truxton Court to the northeast corner of the intersection of N. Beach Street and Thompson Road, measuring approximately 0.5 miles in length ■ Marine Creek Lake Trail to Marine Creek Ranch Park—segment from the existing lake loop trail around the northeast corner of Marine Creek Lake just north of Chisholm Trail High School to Cromwell-Marine Creek Road at the northeast corner of Marine Creek Ranch Park, measuring approximately 0.9 miles in length ■ Marine Creek Ranch Park to Anderson Park—segment from Cromwell-Marine Creek Road at the northeast corner of Marine Creek Ranch Park to the existing trail along the south side of Brookstone Lane, measuring approximately 0.5 miles in length Attachment A Scope of Services Trail Gap Connections Page 1 of 11 Anticipated Trail Elements The new trail segments are anticipated to be concrete paved, ADA accessible, and 10 feet in width. Pedestrian bridges with finish surface elevation exceeding 29 inches above adjacent existing/proposed finish grade elevation (requiring guardrails) are not anticipated to be required in these trail segments. In cross-slope or up-slope/down-slope conditions, use of turned-up-edge/turned-down-edge trail paving or low height retaining walls may be required. In wet conditions, low-water bridges or prefabricated low- level concrete boardwalks or other system recommended by ENGINEER and approved by CITY may be utilized (with finish surface elevation not exceeding 29 inches above adjacent existing/proposed finish grade elevation). However,trail design which would result in required use of handrails and/or guardrails should be minimized unless directed otherwise by CITY. Required trail accessible ramps, pavement striping, pavement surface articulation,signage, handrails,and guardrails shall be included in the preliminary design. Services Overview Basic Services provided by the ENGINEER include review of the CITY's schematic design for each trail segment (plans and cost opinion at approximately 30%construction document level), preparation of any recommendations by ENGINEER for changes to the CITY's schematic design, and preparation of preliminary design documents (plans,specifications, and cost opinion at approximately 60%construction document level) based on the CITY's schematic design and CITY-approved changes. Special Services provided by the ENGINEER include topographic survey and, as requested by the CITY, contingency services including but not limited to participation in additional meetings or coordination, additional topographic survey, easement descriptions, geotechnical investigation, subsurface utilities investigation, and/or additional design assistance. Schedule Overview The CITY anticipates the following schedule for completion of preliminary design (60% construction documents): Scope Finalization& City Authorization of Preliminary Design April 2019 Completion of Preliminary Design April 2019-December 2019 The CITY envisions the following schedule for future completion of final design, bid, and construction phases for improvements selected from the preliminary design: Scope Finalization& City Authorization of Final Design September 2019-December 2019 Final Design (90916, 100916, Sealed Construction Documents) December 2019-June 2020 Bid,Award, & City Authorization of Construction July 2020-September 2020 Construction October 2020-March 2022 Attachment A Scope of Services Trail Gap Connections Page 2 of 11 I. BASIC SERVICES ENGINEER shall be responsible for providing the following basic services for the project. A. Coordination/Management/Communication ENGINEER shall perform the following tasks: 1. Attend one(1) project kick-off meeting(up to two-hour duration)with the CITY to review project scope,schedule,deliverables,status reporting,communications,and expectations forthe project. 2. Lead and manage the ENGINEER and sub-consultant design team throughout the project. 3. Communicate as appropriate and necessary by phone and email with CITY staff. 4. Provide to the CITY a one-page project status report via email attachment on the last business day of each month throughout the project. B. Data Review/Site Visit/Base Map ENGINEER shall perform the following tasks: 1. Gather and review available relevant data for the project from CITY,ENGINEER,and other sources. a. Data provided by CITY shall include the following: 1) Schematic design package (plans and cost opinion at approximately 30% construction document level)for each trail segment 2) Currently available park survey data (if any) 3) Hardcopies of or electronic links to applicable current CITY standard designs and/or specifications 4) Project-specific special CITY design requirements(if any) 5) Sheet format requirements 6) Scale/north orientation/point of beginning input for each trail segment plan set b. Data provided by ENGINEER shall include the following: 1) ENGINEER shall consult with CITY's Transportation and Public Works Department,Water Department, and other CITY departments, public utilities, private utilities, and governmental agencies to determine approximate location of above-ground and underground utilities and other facilities (current and future) that have an impact or influence on the project. This data shall include (to the extent possible as provided by available data and without subsurface investigation) utilities sizes, depths, etc. Attachment A Scope of Services Trail Gap Connections Page 3 of 11 2) Tarrant Appraisal District public and private ownership data 3) FEMA Flood Map floodplain and floodway limits data 4) Latest available Google Earth (or other source approved by CITY)aerial photography (at a minimum providing coverage of all project areas and plans described below) 5) Topographic survey data (see Special Services) 6) Contingency services data (see Special Services) 2. Visit the project area (for purposes of this project described as all areas within a minimum of 100 feet of the proposed trail centerline shown in the CITY's schematic design) to observe and photographically document existing conditions as necessary for completion of the project. 3. Prepare a project base map for the project utilizing: sheet format requirements, relevant data, scale/north orientation/point of beginning provided by CITY; relevant data, topographic survey, and latest available Google Earth (or other source approved by CITY) provided by ENGINEER. The project base map scale,data content, resolution,and legibility shall be suitable for use in both 22 inch x 34 inch (full-size) and 11 inch x 17 inch (half size)format plans. a. The base map shall include, at minimum,the following for all of the project area: 1) Existing topographic contours (at a minimum within topographic survey limit;see Special Services; one-foot contour interval) 2) Surface/overhead/subsurface features,improvements,and utilities(at a minimum within topographic survey limit; based on survey, observation, and available data) 3) Flood limits(approximate limits of FEMA 100-yearfloodplain and floodway;at a minimum within 100 feet of proposed trail centerline) 4) Utilities data for crossed or adjacent public or private utility lines or easements (at a minimum within 25 feet of proposed trail centerline; underground/at-grade/overhead; type, location, size, and owner name) 5) Ownership data for crossed or adjacent public or private property (at a minimum within 25 feet of proposed trail centerline;owner name and TAD parcel number) 6) Aerial photography background (at a minimum within 100 feet of proposed trail centerline) 4. Attend one (1) meeting (up to two-hour duration) with the CITY to review project data provided by CITY and ENGINEER, site photos available from site visits by CITY and ENGINEER, ENGINEER's base map, and any other data or information resulting from subtasks outlined above prior to ENGINEER proceeding with preparation of recommended changes to CITY's schematic design and/or prior to ENGINEER proceeding with preparation of preliminary design. Attachment A Scope of Services Trail Gap Connections Page 4 of 11 C. Preliminary Design (60%CD level) ENGINEER shall perform the following tasks: Prepare preliminary design documents (plans, specifications, and cost opinion, at approximately 60% construction document level based on the CITY's schematic design) as described below for each of the trail segments identified in PROJECT DESCRIPTION. Design for all improvements shall follow current CITY design standards unless directed otherwise by CITY. Preliminary design documents shall be prepared by ENGINEER and submitted to CITY as separate stand-alone submittal packages for each trail segment and in two submittal phases, initial preliminary design documents and finalized preliminary design documents. ENGINEER shall, at request of CITY at any time throughout the project, transmit to CITY electronic copies of ENGINEER work product components including but not limited to data, photos, images,text, designs, cost opinions, etc. for project-related use by CITY including but not limited to project budgeting, coordination, communication, bidding, etc. This requirement shall include but not be limited to ENGINEER's transmittal of electronic files of drawings to CITY's designated project folder system. 1. Schematic Design Review, Recommendations for Changes, and Review Meeting with CITY a. Following ENGINEER's completion of previous data review/site visit/base map tasks, ENGINEER shall, as part of formulating his recommended preliminary design for each trail segment, prepare plan mark-ups or overlay sketches illustrating rough preliminary design trail layouts (and particularly any changes to CITY's schematic design layouts proposed by ENGINEER) for internal coordination and for communication in a review meeting with the CITY. ENGINEER's design recommendations shall seek to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in design. b. Attend one (1) meeting (up to four-hour duration) with the CITY to review and discuss ENGINEER'S rough preliminary design trail layout for each trail segment (including ENGINEER's recommended adjustments) and to obtain CITY input and guidance prior to ENGINEER proceeding with preparation of initial preliminary design documents. 2. Initial Preliminary Design Documents a. Plans The preliminary design plans shall be suitable for use and submitted in both 22 inch x 34 inch (full-size)and 11 inch x 17 inch (half size)format with blackand white line work(and with full- color aerial photo background which can be turned on or off as requested by CITY). The minimum text font size shall be 12 point on full-size sheets and 6 point on half-size sheets. Both full-size and half-size sheet plan and detail views shall be to standard engineer or Attachment A Scope of Services Trail Gap Connections Page 5 of 11 architect scale (for example: 1 inch = 30 feet full-size/1 inch = 60 feet half-size for plans; 1/4 inch = 1 foot full size and 1/8 inch = 1 foot half size for details). All plan submittals (full-size and half-size, hardcopy and electronic pdf) shall be true to feet per inch scales indicated on the plans. The plan sets for each trail segment shall be submitted in both full-size and half-size formats with three (3) hardcopies in each size, bound with a solid black heavy paper binder strip on left side and with an electronic pdf in each size. The preliminary design plans shall include, at a minimum,the following in the sheet formats provided by CITY and in the order shown below: 1) Cover sheet(1 sheet) 2) General notes sheet (1 sheet) 3) Summary of quantities sheet(1 sheet) 4) Key Map (with match lines and references to plan and detail sheets as described below) (1 sheet) 5) Plan and detail sheets (as described below; include item quantities table on each plan sheet; number of plan and detail sheets as required per item for legibility and scalability in both full-size and half-size sheet format) a) Traffic control plan in accordance with the latest edition of the Texas Manual of Uniform Traffic Control Devices b) Preliminary iSWM checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction c) Proposed typical section sheets d) Tree protection plan and details e) Erosion control plan and details f) Construction site temporary elements plan and details (access, circulation, fencing, equipment and material storage, power and water connections, project sign, etc.) g) Demolition plan h) Plan and profile sheets i) Bearings given on all proposed centerlines or baseline j) Overall project easement layout sheet(s) Attachment A Scope of Services Trail Gap Connections Page 6 of 11 k) Grading/drainage plan and details (existing and proposed 1-foot contours; proposed critical spot elevations) 1) Dimension control plan(location of benchmarks and reference points, key large-scale layout dimensions for improvements,etc.) m) Trail details (including turned-up-edge and/or turned-down-edge trail conditions not already detailed in typical sections) n) Required trail accessible ramp, pavement striping, pavement surface articulation, signage, handrail, and guardrail plans and details o) Low-height retaining wall plans and details, if any (in lieu of turned-up-edge and/or turned-down-edge trail paving at applicable conditions) p) Delineation of the watershed based on contour data and field verification; documentation of 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 (or project topographic survey 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 as it impacts the trailsystem only. q) Storm drain layout sheets showing location and size of all inlets, manholes,junction boxes, culverts and piping (to include storm drain profiles showing existing and proposed flow lines,flows, lengths and slopes of pipe,top of ground profile over pipe and connections to existing or proposed storm sewer systems) r) Low-water bridge/prefabricated low-level concrete boardwalk (with surface elevation not exceeding 29 inches above adjacent existing/proposed finish grade elevation) plans and details (or for other system recommended by ENGINEER and approved by CITY) required forwet conditions,if any(including end abutment details) s) Planting plan for revegetation of disturbed areas of native and/or turf grasses (indicating species-appropriate selection of sod or seed and watering requirements for full grass establishment by contractor) t) Evaluation of signalized intersections and determination of required adjustments/relocations Attachment A Scope of Services Trail Gap Connections Page 7 of 11 u) Identification of areas that may require environmental evaluation and/or permitting v) Signage and pavement markings 6) ROW/Easement Acquisition Plan a) ENGINEER shall determine rights-of-way and easements required for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. b) Right-of-way research shall include 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 on available on-ground property information (i.e. iron rods, fences, stakes, etc.). (Right-of-way research shall not include chain of title research, parent track research, additional research for easements not included in TAD information, right-of-way takings, easement vacations and abandonments, right-of- way vacations, and/or street closures unless recommended by ENGINEER and requested and authorized by CITY under Contingency Services.) c) ENGINEER shall prepare plan sheets which identify rights-of-way and temporary/permanent easements required for construction the project. These plan sheets shall be included with preliminary design documents (initial and final submittals)either as part of the project plan sheets or as a separate stand-alone plan sheet set, as determined most appropriate by CITY and ENGINEER during development of preliminary design documents by the ENGINEER. b. Specifications The preliminary design specifications shall be an outline list of all proposed specification sections by section number and title (based on Master Spec number and title format unless directed otherwise by CITY). The specification list shall be submitted in 8 % inch x 11 inch portrait format, printed on one side,three (3) hardcopies and an electronic pdf. c. Cost Opinion The preliminary design opinion of probable construction cost shall be based on the quantities indicated on the ENGINEER's plans and on unit prices current at the time of the cost opinion preparation. The cost opinion shall be submitted in 8%inch x 11 inch portrait format, printed on one side,three (3) hardcopies and an electronic pdf. 3. Initial Preliminary Design Constructability Review Following submittal of initial preliminary design documents to CITY for review, and prior to preliminary design documents review meeting with CITY, ENGINEER shall conduct a preliminary Attachment A Scope of Services Trail Gap Connections Page 8 of 11 constructability review site visit with CITY to walk each trail segment project and identify potential constructability issues. The ENGINEER shall provide a written summary of the site walk discussions and observations to the CITY prior to the preliminary design documents review meeting with CITY. 4. Initial Preliminary Design Documents Review Meeting with CITY Attend one (1) meeting (up to four-hour duration)with the CITY to discuss the initial preliminary design documents submittal and to obtain CITY input and guidance priorto ENGINEER proceeding with preparation of finalized preliminary design documents. 5. Finalized Preliminary Design Documents Based on CITY input and guidance provided during review of initial submittal, ENGINEER shall prepare finalized version of all initial preliminary design documents for each trail segment. Provide CITY with bound hardcopies (4 bound full-size hardcopy and 4 bound half-size hardcopy plan sets) and an electronic pdf for each size for each document type for CITY use. II.SPECIAL SERVICES A. Special Service-Topographic Survey ENGINEER shall perform the following tasks: 1. Conduct topographic survey as required for ENGINEER's design of all anticipated project improvements, as follows: a. The limit of survey coverage shall generally be a 50' wide strip running the length of each proposed trail segment. Survey coverage shall generally be centered on the proposed trail centerline, providing twenty-five (25) feet of coverage on each side of the proposed trail centerline. However, actual limits of survey coverage may extend further or be adjusted to not be centered on proposed trail centerline as determined appropriate by ENGINEER. b. The survey shall locate all existing improvements including, at a minimum: driveways, alleys, cleanouts, manholes, sidewalks, street striping, water meters, larger significant landscape objects or areas,signal vaults and poles, light poles, curbs, ramps, mailboxes, roadside signs and their wording, drainage inlets and structures, utility boxes and covers,etc. c. The survey shall include spot grades at frequent intervals and along perimeter hard surfaces. d. The survey shall depict public and quasi-public utilities based on objects found in the field and data obtained by ENGINEER. Attachment A Scope of Services Trail Gap Connections Page 9 of 11 e. The survey shall locate and identify all single trunk trees with a caliper of 4 inches or larger and all multi-trunk trees with a caliper of 3 inches or larger. f. The survey shall depict floodplain and floodway limits as shown on current FEMA FIRM Maps. g. The survey shall depict property lines, right-of-ways, found easements, and identified property pins within or adjacent to the topographic survey limit. h. The survey shall include the ownership data (legal description, owner name, and TAD parcel number)for any privately-owned property which the trail crosses or is within the topographic survey limit. i. The survey shall be located based on NAD 83 and the vertical datum will reference a City of Fort Worth Benchmark. j. The available most recent aerial photography from Google Earth will be included as an underlay of the survey. k. The survey shall include identification and location of one benchmark for each quarter-mile length of each trail segment. B. Special Service-Contingency Services ENGINEER shall perform the following tasks: 1. If requested by CITY and agreed to by CITY and ENGINEER in writing prior to ENGINEER's performance,ENGINEER shall provide additional assistance to the CITY in the form of contingency services which may or may not be related to the BASIC SERVICES and/or SPECIAL SERVICES already being provided by ENGINEER. These contingency services may include but are not limited to the following: a. participation in meetings or coordination (beyond that which is included in Basic Services above) with the CITY, non-CITY agencies or entities such as Texas Department of Transportation, Tarrant Regional Water District, Fort Worth Metropolitan YMCA, Tarrant County Community College, Oncor, property owners, neighborhood associations, citizens, or others. b. topographic survey(beyond that which is included in Special Services above) c. design for accessibility modifications to adjacent facilities, streets, trails, sidewalks, etc. beyond limits of this project(see limits established in Special Services-Topographic Survey) d. easement descriptions e. geotechnical investigation/engineering Attachment A Scope of Services Trail Gap Connections Page 10 of 11 f. subsurface utilities investigation/engineering g. final construction document preparation (beyond 60%CD level) h. expenses which are specifically related to Task B. Special Service - Contingency Services described above(and not included in III.A. Basic Services Reimbursable Expenses below) Services and/or work products by ENGINEER under this task shall be provided as mutually agreed to by CITY and ENGINEER in writing prior to performance of the services, either on a lump sum basis or on an hourly not-to-exceed basis utilizing the hourly rates shown on page 2 of Attachment B Compensation. CLARIFICATIONS AND EXCLUSIONS Any services and/or work products by ENGINEER beyond those specifically described above are not included in the project unless mutually agreed to by CITY and ENGINEER in writing prior to performance of such services. Attachment A Scope of Services Trail Gap Connections Page 11 of 11 Attachment B Compensation The services and expenses described in Attachment A Scope of Services shall be provided by the ENGINEER for a total fee not to exceed $398,732.00(Three Hundred Ninety-eight Thousand Seven Hundred Thirty- two Dollars)without prior written authorization from the CITY. The ENGINEER's requests for payment for the services and expenses described in Attachment A Scope of Services shall be in the form of monthly invoices emailed to the CITY's project manager. Invoice item amounts shall be based on percentage complete for lump sum tasks and on the hourly rates on the following page for Task 11.6 contingency services if the services have been approved in writing in advance by both CITY and ENGINEER. Project expenses required to provide the services and deliverables described in Attachment A Scope of Services Tasks I.A, 1.6, I.C, and ILA are considered incidental project expenses and shall be included in the lump sum fee amounts shown below and shall not be itemized and billed separately. Project expenses required to provide Task 11.6 contingency services shall be billed in accordance with the terms of the written authorization for each approved subtask. Shown below is a fee breakdown by task: Task Fee 1. Basic Services A. Coordination/Management/Communication (lump sum) $ 22,228 B. Data Review/Site Visit/Base Map (lump sum) $ 23,304 C. Preliminary Design (60% CD Level) (lump sum) $ 215,140 Basic Services Subtotal $ 260,672 Il. Special Services A. Special Service-Topographic Survey (lump sum) $ 83,060 B. Special Service—Contingency Services (as approved in writing;not to exceed) $ 55,000 Special Services Subtotal $ 138,060 Total Fee for Services $ 398,732 Attachment B Compensation Trail Gap Connections Page 1 of 2 Attachment B Compensation (cont'd) Staff Classifications and Hourly Rates for Task II.B Contingency Services HOURLY HOURLY HOURLY CLASSIFICATION RATE CLASSIFICATION RATE CLASSIFICATION RATE SUPPORT STAFF 1 $60.00 PROFESSIONAL LEVEL 11 PROFESSIONAL LEVEL V Engineering Student Mechanical&Electrical $133.00 Mechanical&Electrical $229.00 Design Student Civil&Structural $132.00 Civil&Structural $224.00 Landscape Architect Student Architect $127.00 Architect $209.00 Interior Design Student Architect Intern Senior Architect Landscape&Interior $118.00 Landscape&Interior $172.00 Design Intern Landscape Project Manager SUPPORTSTAFF II $103.00 Architect Intern Senior Landscape Architect Engineering Technidan Technologist Senior Interior Designer Engineering Student Resident Project Representative Resident Project Representative Design Technician Clerical Supervisor CADD Survey Technician PROFESSIONAL LEVEL VI Administrative Assistant PROFESSIONALLEVEL III Mechanical&Electrical $259.00 Project Assistant Mechanical&Electrical $158.00 Civil&Structural $248.00 Word Processor Civil&Structural $155.00 Architect $235.00 File Specialist Architect $145.00 Landscape&Interior $208.00 Architect Intern Studio Leader Landscape&Interior $130.00 Senior Project Manager SUPPORT STAFF III $113.00 Interior Design Intern Senior Practice Leader Engineering Technician Landscape Architect Intern Surveyor Design Technician Technologist Resident Project Representative CADD Resident Project Representative Administrative Assistant Project Assista nt PROFESSIONAL LEVEL VI I PROFESSIONAL LEVEL IV Mechanical&Electrical $278.00 PROFESSIONAL LEVEL I Mechanical&Electrical $187.00 Civil&Structural $271.00 Mechanical&Electrical $117.00 Civil&Structural $184.00 Architect $260.00 Civil&Structural $117.00 Architect $171.00 Landscape&Interior $233.00 Architect $117.00 Professional Architect Operations Director Architect Intern Project Architect Sector Director Landscape&Interior $112.00 Landscape&Interior $142.00 Interior Design Intern Professional Landscape Architect Landscape Architect Intern Professional Interior Designer Planner Project Landscape Architect Survey Technician Project Interior Designer Technologist Technologist Resident Project Representative Resident Project Representative The staff classifications and hourly rates shown above are applicable to Task 11.13 contingency services which have been approved as hourly services in writing in advance by both CITY and ENGINEER. These staff classifications and hourly rates are effective for hourly contingency services provided through December 31, 2019. For hourly contingency services provided after December 31, 2019, these staff classifications and hourly rates shall be adjusted as agreed to in writing by both CITY and ENGINEER prior to performance of the services. Attachment B Compensation Trail Gap Connections Page 2 of 2 Attachment C Amendments to Standard Agreement for Engineering Related Professional Services (No amendments are required.) Attachment C Amendments to Standard Agreement for Engineering Related Professional Services Trail Gap Connections Page 1 of 1 Attachment D Project Schedule The CITY anticipates ENGINEER'S completion of the services described in Attachment A Scope of Services within thirty-two (32)weeks of ENGINEER'S receipt of notice-to-proceed from CITY. Shown below is an approximate anticipated time duration breakdown by task: Task Duration 1. Basic Services A. Coordination/Management/Communication (throughout project) N/A B. Data Review/Site Visit/Base Map 8+weeks C. Preliminary Design (60%CD Level) 24+weeks Basic Services Duration 32 Weeks Il.Special Services A. Special Service-Topographic Survey (during Basic task B above) N/A B. Special Services-Contingency Services (throughout project) N/A Special Services Duration N/A Total Project Duration 32 Weeks Attachment D Project Schedule Trail Gap Connections Page 1 of 1 Attachment Location Map Proetlocations are shown below. ` §¢ ■ - -__& # < . . \�• oAy � � . �� « �\41 Buck San om Park to Marine Creek lake Trail 7. § � � � � Arcadia Tail Park South to Arcadia Tail Park North Attachment E Location Map Trail Gap Connections Page!@z Location Maps (cont'd) Project locations are shown below. �� ti Clorrrwrll•�rinrinr�rrr4'f2crrd ' - ' Marine Creek Lake Trail to Marine Creek _ �fnrCrteFr . - : ,w.'...r. .�- dlCh Fes'i ■ _rye � s! Googk kr Trp7+ 1 _ - Ranch Park Marine Creek Ranch Park to Anderson Park Attachment E Location Map Trail Gap Connections Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/16/2019 DATE: Tuesday, April 16, 2019 REFERENCE NO.: **C-29099 LOG NAME: 80TRAIL GAP CONNECTIONS SUBJECT: Authorize Execution of an Agreement for Engineering Related Professional Services with Parkhill, Smith & Cooper Inc. d/b/a Schrickel Rollins/ PSC in the Amount of$398,732.00 for the Trail Gap Connections Project (2018 Bond Program) (COUNCIL DISTRICTS 2 and 4) RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement for engineering related professional services with Parkhill, Smith & Cooper Inc. d/b/a Schrickel Rollins/ PSC in the amount of $398,732.00 for the Trail Gap Connections Project. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an agreement for engineering related professional services with Parkhill, Smith & Cooper Inc. d/b/a Schrickel Rollins/ PSC in the amount of$398,732.00 for the Trail Gap Connections project. Schrickel Rollins /PSC will provide initial phase design services in the form of 60% construction documents (plans, specifications, and estimate) for four highly-ranked trail gaps identified in the citywide Trail Gap Study. The four trail gaps total approximately 3-1/3 miles. One of the trail gaps is located in northeast Fort Worth (Council District 4) and three of the trail gaps are located in northwest Fort Worth (Council District 2), as shown on the attached map. The 2018 Bond Program allocated $3,500,000.00 for design and construction of Trail Gap Connections citywide to address gaps between trail sections within the trail system and create expanded recreational accessible trail opportunities. Project funding is summarized in the table below: Project Funding IM&C f Current Appropriations Total Appropriations 2018 Bond Program F $3,500,000.00 $3,500,000.00 Total Funding - $3,500,000.00 This project is included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-05-2018) and subsequent actions taken by the Mayor and Council. Logname: 80TRAIL GAP CONNECTIONS Page I of 2 MNVBE OFFICE - Parkhill, Smith & Cooper Inc. d/b/a Schrickel Rollins/ PSC is in compliance with the City's BDE Ordinance by committing to 20% SBE participation on this project. The City's SBE goal on this project is 7%. The Trail Gap Connections project is located in COUNCIL DISTRICTS 2 and 4. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the 2018 Bond Program, Trail Gap Connections project. The Park & Recreational Department has the responsibility to validate the availability of funds prior to the expenditure of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # mount ID ID Year Chartfield 2 FROM Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Richard Zavaia (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1. FID-TrailGapConnections.pdf (CFW Internal) 2. Form1295 TrailGapConnections Parkhill Smith Cooper dba Schrickel Rollins 2019- 465208 Redacted.pdf (Public) 3. Location Map-TrailGapConnections(2pgs).pdf (Public) 4. SBEComplianceMemo-TrailGapConnections(1pg).pdf (CFW Internal) Logname: 80TRAIL GAP CONNECTIONS Page 2 of 2