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HomeMy WebLinkAboutContract 52483 1k CITY SECRETARY CONTRACT NO. a 3 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 Halff Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: CentrePort Trail Phase I and Phase II Project. Article 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 $ 930,000 (Nine- hundred and Thirty Thousand Dollars) as set forth in Attachment C. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment A to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. City of Fora Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:11.17A7 Page 1 of 17 CITY SECRETARY FT. WORTH,TX (3) Upon completion of services enumerated in Article 1, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article 1V, 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 subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 2 of 17 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 shall provide engineering drawings, which shall become the property of the CITY,in the format described in Attachment A. 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 fdr,a- ny project other than the PROJECT described herein. � N 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 City of Fart Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 9 of 17 progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised pate;11,17,17 Page 4 of 17 Documents; that the final work will be acceptable in all respects, that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 1. Minority Business and Small Business Enterprise (MBE)(SBE) 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 5 of 17 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 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, prod uctslcompleted 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, City of Port Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 6 of 17 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 acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 7 of 17 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 8 of 17 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. 1. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 9 of 17 O. Permitting Authorities m 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 ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment E to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment D. 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 City of Fort Worth,Texas Standard Agreement for lEngineering Related Design Services Revised Date:11.17.17 Page 10 of 117 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 E. 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 contractors negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Pagel 1 of 17 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17,17 Page 12 of 17 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 Amendments to Article VI, if any, are included in Attachment D. A. .Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. D. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 13 of 17 (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 14 of 17 H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 15 of 17 provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER. (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B -Available Additional Services Attachment C - Compensation Attachment D -Amendments to Standard Agreement for Engineering Services Attachment E - Project Schedule Attachment F - 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 HALFF ASSOCIATES,INC &POW__Vftq1&0 / F C.r� � -- �'5 =ON-MUL.— Fernando CostaPreicdtor uchanan Assistant City Manager of Landscape Architecture Date:.__ 4 f�G�/s Date r* City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date,11,17,17 Page 16 of 17 APPROVAL RECOMMENDED: By: -///-A 1�'A ijz(vidl,�.reK Acting Director, Park&Recreation Dept. Contract; Compliance Manager: By signing, 1 acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. "U!5� Jing Yang Project Manager APPROVED WTO.FORM AND LEGALITY , By: Q4�All 6L Douglas W. Black Assistant City Attorney ATT T: Form 1295 No. 2019-479246 M ry b. ay4 M&C No.: C-29147 City Secretary M&C Date: June 11 2019 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services ���®�1 RIe�C?�®Revised Date:11.17.17 1 O Page 17 of 17 CITY SECRETARY FT ` OR`ll'H, TX Attachment A Scope of Services OVERALL PROJECT DESCRIPTION The CentrePort Trail project is funded by TxDOT, the City of Fort Worth and the City of Grand Prairie. This project includes Phase I and Phase II. Phase I will start at the new American Airline Campus in east Fort Worth CentrePort Area and continue heading south to connect with the City of Arlington's River Legacy Park trail and turn east to pass under SH 360 and connect to THE CentrePort Station (approximately 1.6 miles total). Phase 11 will start at THE CentrePort Station and extend east along THE railroad until meeting the Trinity Boulevard, and then continue heading south to connect with Mike Lewis Park in north Grand Prairie (approximately 3.5 miles total) for 5.1 miles total. This new trail shall meet AASHTO design guidelines for bicycle facilities, be 12 feet wide, concrete paved, ADA accessible, and provide a significant link in the Metroplex Veloweb system. Anticipated improvements include: ■ Trail paving (12-foot-width concrete paved ADA accessible trail) ■ 3' wide shoulder on both side of the trail (properly graded shoulder with grass to be mowed on a regular base) ■ Trail structures (bridges, retaining walls, and drainage headwalls) Trail way finding signs ■ 911 location signs (signage to be designed as required and placed every 600 linear feet along trail alignment) PHASE Part 1 - Segment Description Professional engineering/design services of Phase I will cover following segments: A) Trail starts at the north side of the intersection of Trinity Boulevard and Skyview Dr, crosses to south side, and heads southeast along SH 360 southbound to pass under THE railroad bridge and then connect with the newly built east terminal of the City of Arlington's River Legacy Park trail (approximately 0.5 miles south of Trinity Boulevard and 0.55 miles along SH 360 southbound). B) From east terminal of the River Legacy Park trail in Arlington, trail extends further south along SH 360 southbound, then cross under SH 360 at the north bank of West Fork Trinity Rive_ r and heads towards northwest along SH 360 northbound and then turn east to connect to the THE CentrePort Station parking lot Attachment A scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 1 of 29 (approximately 0.25 miles along SH 360 southbound, 0.5 miles along SH 360 northbound and 0.5 mile south of THE railroad). Part 2 w Basic Services Basic services of Phase I shall include trail alignment study, preparation of schematic design documents (30%), design development documents (60%), construction documents (90% & 100%), technical specifications (60%, 90% & 100%), permit assistance, bid assistance and construction administration. ENGINEER shall be responsible for providing the following basic services for Phase 1. 1. Coordination/Mans gem ent/Communication ENGINEER shall perform the following tasks: A) Attend following meetings (each up to two-hour duration)with the CITY to review project, schedule, deliverable, status reporting, community communication, and the construction. a. One (1) project kick-off meeting; b. Two (2) base data review and trail alignment meetings (visit site for on-site field verification if needed); c. Four(4) drawing deliverables review meetings (30%, 60%, 90% and 100%); d. One (1) meeting with affected property owners (MAPO) by mail; e. One (1) permit meeting with USACE; f. One (1) pre-bid meeting; g. One (1) pre-construction meeting; h. Two (2) on-site construction coordination/status meetings per month during the period of construction phase as requested by CITY; i. One (1) punch list walk through; B) Lead and manage the ENGINEER and sub-consultant design team throughout the project (maintain 4% DBE goal); C) Communicate regularly by phone and email with CITY staff; D) Provide to the CITY a one-page project status report on the last business day of each month throughout the design and construction of the project; E) Up to ten (10) agency coordination meetings with the City of Arlington, TxDOT, TREIDART, USACE, TRWD, utility companies and local stakeholders. 2. Data Review/Site Visit/Survey/Base Map ENGINEER shall perform the following tasks: Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 2 of 28 A) Gather and review available project data relevant to the project study area as necessary for completion of the project. Relevant project data shall include the following: a. Google Earth aerial photography and mapping b. NCTCOG topography and other information c. Texas statewide environmental/historic/cultural resource data d. FEMA Flood plain data e. Electric utilities, gas lines, water/wastewater and other information B) Attend one (1) field reconnaissance to the project study area to observe, photographically document, and perform site reconnaissance of existing conditions as necessary for completion of the project. C) Conduct all necessary site survey and production of survey drawings available in both hard copy and CAD format. Conduct necessary investigation and issuance of reports. Survey (with 100' swath limit) and investigation include the following: a. Site topography b. Flood plain c. Property boundary and ROW/easement (property ownership research and support for Right of Way 1 easement acquisition including production and issuance of meets and bounds for the use of City of Fort Worth.) d. Above ground and underground utilities e. Above ground physical structures f. Existing protected trees above 6" caliper within disturbed areas by trail alignment (tree species need to be identified) g. Soil investigation and issuance of geotechnical reports D) Prepare a project base map for the project study area utilizing ENGINEER's gathered relevant project data and survey. The project base map shall be suitable for use in 11 inch x 17 inch format with black and white line work (and with full- color aerial photo background which can be turned on or off as requested by CITY. The base map shall include, at minimum, the following data for all areas within the project study area: a. Existing photometric (LIDAR)topographic contours (1-foot contour interval), and spot elevations at exist. paving and structures b. Flood limits(locations of FEMA 100-year floodplain and floodway) c. Utilities (undergroundlon-gradeloverhead, location, type, size, owner name and contact information) Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 3 of 28 d. Property ownership (current owner name and contact information, TAD parcel number, parcel boundary, parcel size, assessed values of land and improvements) e. Physical structures (buildings, roadways, railroads, walls, and paving) f. Existing protected trees above 6" caliper within disturbed areas by trail alignment(tree species need to be identified) g. Aerial photography (latest available color Google or other) E) Review ENGINEER's project data, base map, site analysis, and special services tasks data with city staff. Discuss anticipated trail alignment options and on-site field verification with CITY staff BEFORE proceeding with ENGINEER's final Trail Alignment and Schematic Design tasks. 3. Trail Alignment Study ENGINEER shall perform the following tasks. A) Determine and illustrate, utilizing project study area base map background, preliminary trail alignment (3) three options that ENGINEER proposes to be considered by CITY (including preliminary trail alignment previously proposed by ENGINEER in conjunction with topo and other survey information). ENGINEER's proposed trail alignment options shall be based on ENGINEER's knowledge and experience, input provided by CITY, and data including anticipated construction costs, environmentallhistoriciculturallwildlife resource impacts, utilities conflicts, and required property/easement acquisitions. B) "Attend two (2) meetings with the CITY to review ENGINEER's proposed routing options, and visit site for on-site field verification if needed as described in Coordination/Management/Communication. C) Determine and illustrate final trail alignment based on consensus of CITY, American Airlines and City of Grant Prairie's review comments and ENGINEER's recommendations. D) Prepare proposed property/easement acquisition data (11 inch x 17 inch spreadsheet table summarizing property/easement/ownership data and accompanying map(s) indicating location and property boundaryfeasement limits.) 4. Geotechnical Services Subsurface Drilling: A) Drillers and technicians will evaluate subsurface conditions with: • Twenty-seven (27) total proposed borings a Twenty-two (22) retaining wall borings o Four(4) shallow trail borings o One (1) bridge crossing boring Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 4 of 28 Engineering Report: B) An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. We will provide three 8.5"x11" printed copies and a PDF electronic copy of the report. The report will address: • Plan of borings, boring logs, water level observations, and laboratory test results. • Foundation recommendations for the proposed bridge crossings Foundation recommendations for the short retaining walls. Global stability analyses have not been included for the short retaining walls. ® Comments on the presence and effect of expansive soils on slab-on-grade construction will be provided. Alternative methods of reducing any anticipated shrink/swell movements associated with expansive clays will be included for slab-on grade construction. ® Pavement subgrade stabilization recommendations. • Recommendations for site grading and compaction of earthwork will be presented. 5. Design Deliverables (30%, 60%, 90% &100% Design Drawings & Specifications) ENGINEER shall deliver design drawings and cost opinion documents at 30%, 60%, 90% and 100% milestones, and specifications at 60%, 90% and 100% milestone to the CITY on the dates set before on project schedule. Drawing sheets and specifications shall use format provided by TxDOT. Design documents should include each of the anticipated improvements identified in PROJECT DESCRIPTION section. Design for all improvements shall follow current TxDOT and CITY design standards, and AASHTO design guidelines for bicycle facilities unless directed otherwise by TxDOT and CITY. Besides the anticipated improvements mentioned below, ENGINEER's design plans shall also contain the following base information: a. Project name, street address, and lot and block description. b. Date, scale, north point, and the names, addresses, and telephone numbers (if readily available) of each property owner and the person preparing the plan. G. Location of existing boundary lines and ROW(with proposed property/easement acquisitions marked and with ownership data summary table on each sheet). d. Approximate centerlines of existing water courses and the location of the flood plain; the approximate location of significant drainage features; and the location of existing and proposed streets and alleys, driveways, and sidewalks on or adjacent to the lot. e. Location of centerlines of overhead and underground utility lines within and adjacent to the site, and the location of all utilities, utility easements, including the location of utility poles, generators, and equipment. Attachment A Scope of Services CentrePort Trail Phase I&Phase 11 Date:06.11,2019 Page 5 of 28 f. Location of visibility triangles if applicable. ENGINEER's design plans shall be suitable for use in 11 inch x 17 inch format with black and white line work and with screened-back black and white (gray-tone) aerial photo background in the overall site plan, ENGINEER shall provide CITY with three (3) hardcopies (1 full-size and 2 half-size for plan sets), electronic pdf and CAD sheets for CITY review. ENGINEER shall, at request of CITY,transmit to CITY electronic copies of ENGINEER work product components including data, photos, images, text, designs, and cost opinions for project-related use by CITY including project budgeting and project coordinationlcommunication. ENGINEER shall attend one (1) meeting (two-hour duration) at each milestones describes above with CITY to discuss CITY review comments regarding the design drawings and cost opinions. After the review, ENGINEER shall update design drawings and cost opinions incorporating input from CITY, and provide final updated documents for CITY record. A) 30% Schematic Design ENGINEER's 30% schematic design drawings shall include the following sheets, in order shown below: a. Cover sheet (1 sheet) b. General notes sheet(1 sheet) c. Preliminary Summary of quantities sheet (1 sheet) d. Overall site plan (with key map and references to plan sheets as noted below) (1 sheet) e. Engineering plans (erosion control, utilities, traffic control, etc.) f. Protected tree removal & site demolition plans (protected tree removal schedules and tree protection fence location; as described above, number of sheets per item as required for scalable legibility in half-size sheet format). g. Site Plans (location and layout of anticipated improvements; as described above, number of sheets per item as required for scalable legibility in half- size sheet format). h. Construction-site temporary elements plan (access points, circulation routes, equipment and material storage locations, power and water connections, and project sign locations). i. Preliminary Environmental Review finding Attachment A Scope of Services CentrePart Trail Phase I&Phase II Date:06.11.2019 Page 6 of 28 B) 60% Design Development ENGINEER's 60% design development drawings shall include the following sheets, in order shown below: a. Cover sheet (1 sheet) b. General notes sheet (1 sheet) c. Summary of quantities sheet (1 sheet) d. Overall site plan (with key map and references to plan sheets as noted below) (1 sheet) e. Engineering plans (erosion control, utilities, traffic control, structural, etc.) f. Protected tree removal & site demolition plans (include protected tree removal schedules and tree protection fence location). g. Layout& materials plans (trail center line station number coordinate point schedule, locations of other improvements, materials call out, general dimensions of improvements and landscape buffers). h. Grading plans (1-foot interval contour lines showing grading of trail, shoulder, and affected areas; spot elevations at critical places such as top of retaining wall). i. Planting plans (complete description of new plant materials, including names locations, quantities, and sizes at installation, heights, spread, and spacing). j. Plan enlargements, sections and elevations (at 60% finish level). k. Engineering and landscape details (at 60% finish level). I. Construction-site temporary elements plan (access points, circulation routes, equipment and material storage locations, power and water connections, and project sign locations). m. Technical specifications for all site improvements following TxDOT standards (outline only) C) 90% and 100% Construction Documents ENGINEER's 90% and 100% construction documents shall include the following sheets, in order shown below: a. Cover sheet (1 sheet) b. General notes sheet(1 sheet) c. Summary of quantities sheet (1 sheet) d. Overall site plan (with key map and references to plan sheets as noted below) (1 sheet) e. Engineering plans (erosion control, utilities, traffic control, structural, etc.) f. Protected tree removal & site demolition plans (include protected tree removal schedules and tree protection fence location). Attachment A Scope of Services CentrePort Trail Phase I&Phase 11 Date:06.11.2019 Page 7 of 28 g. Layout plans (trail center line station number coordinate point schedule, 911 signs location coordinate point schedule, locations of other improvements, complete dimensions of improvements and landscape buffers). h. Materials plans (materials call out; can be combined with Layout plans). i. Grading plans (1-feet interval contour lines showing grading of trail, shoulder, and affected areas; spot elevations at all other structures and improvements). j. Planting plans (complete description of new plant materials, including names locations, quantities, and sizes at installation, heights, spread, and spacing). k. Plan enlargements, sections and elevations (at 90% and 100% finish level). I. Engineering and landscape details (at 90% and 100%finish level). m. Construction-site temporary elements plan (access points, circulation routes, equipment and material storage locations, power and water connections, and project sign locations). n. Technical specifications for all site improvements following TxDOT standards. o. Way finding signs/traffic signs at junctions, turning points or street crossing p. 911 Location Signs ENGINEER shall design the 911 signs based on the standards provide by CITY. ENGINEER shall also show the location of the signs on the plans and provide the coordinate points of signs in a schedule. 911 signs should be located along the entire length of the trail at 118 mile interval. ENGINEER's 100% schematic design drawings shall include a sealed & signed Mylar cover sheets, and sealed & signed construction document package (both hardcopy and electronic version) for bid. ENGINEER shall incorporate any remaining comments from CITY regarding 90% construction document package before the final submittal of 100% package. 6. Cost Estimates ENGINEER shall provide opinion of probable construction cost at each of the delivery milestone as described above. ENGINEER's 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. ENGINEER shall control the design to keep the construction cost under project budget. 7. Permitting The Project is anticipated to be designed in a manner that will allow the project to be permitted under current Section 404 nationwide permits and applicable general conditions. Written coordination with and verification from the USACE will be evaluated on a case-by-case basis. Halff must demonstrate the Project meets nationwide permit criteria and has no adverse effect on threatened and endangered species or cultural resources. Preparation of a Section 404 Individual Permit is not included in this Project Scope. Attachment A Scope of Services CentrePort Trail Phase I&Phase Fl Date:06.11.2019 Page 8 of 28 Section 404 Assessment a. Halff will utilize the results from the water resources technical report, biological evaluation form, and archaeological background study and historical studies PCR (See Tasks#)to document that the project may be permitted by nationwide permit, without the need for submitting a pre- construction notification to the USACE. b. Halff will prepare a permitting assessment memorandum documenting that the selected alignment meets nationwide permit criteria and that no pre- construction notification (PCN) is required. If a PCN is required, the memorandum will be replaced with a PCN submittal (see Permitting scope for Phase II below). 8. Bid and Negotiation Upon the completion of 100% construction documents, ENGINEER shall process to assist CITY in the selection of qualified contractor to complete the project. ENGINEER's tasks are as follows: a. Post (make available) and maintain all required bidding documents for a bid package as directed by CITY; b. Prepare and submit written responses to bidder requests for information (RFI's). Preparation of any addenda to the Contract Documents as may be required during the bidding or negotiating process; c. Attend one pre-bid conference and/or site visits, in support of the CITY; d. Evaluation and assessment of bids or negotiated proposals; e. Propose and/or evaluate value engineering with respect to cost implications and effect on quality and/or scope of the work. 9. Construction Administration ENGINEER's shall perform the following tasks: a. Attend one (1) pre-construction meeting in support of the CITY; b. Review shop drawings and contractor submittals as they relate to the overall site development and general conformance of the design as set forth by the contract documents; c. Assist in the review of substitutions, contractor schedule reports and pay requests; d. Attend on-site construction coordination/status meetings as requested by CITY (minimum 2 per month) during construction phase of the project; e. Provide a written report of each site visit, including a summary of any corrective work to be performed; f. Participate in final walk-through, keep notes, and provide a punch list of construction items requiring corrective action prior to the contractor's final pay request and CITY's acceptance; Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 9 of 28 g. Determine and certify substantial completion. Sign and seal Construction Completion Certification (certification shall be executed on a form provided by the TxDOT). Part 3-Special Services 1. TRE Railroad Bridge Inspection and Trail Underpass Study Centreport Trail will pass under TRE Railroad Bridge at 2 locations. The purpose of this study is to evaluate the potential to design the trail underpass with enough width for pedestrians and bicycles, while posing minimal impacts on existing railroad bridge structure. ENGINEER shall perform the following task: A) The first trail underpass location is at the crossing of TRE Railroad Bridge and SH 360. ENGINEER shall conduct detailed survey and structural evaluation of the railroad bridge at the west side of highway. Coordination should also be done with TRE. Based on professional evaluations, ENGINEER shall provide trail underpass design options and the determination of structural capacity or limitations related to repair/removal/replacement of existing abutments/wing walls, or other demolition/construction activities. B) The second trail underpass location is on the east side of the TRE CentrePort Station, where the TRE railroad bridge passes across drainage way, and where Phase I Trail will end and Phase II Trail will start. ENGINEER shall study different trail alignment options and associated costs: 1. Option 9 -- building a separate pedestrian bridge parallel with existing railroad across existing drainage way. 2. Option 2 -- using existing TRE railroad bridge structure and building a light weight pedestrian bridge attached to railroad structure. 3. Option 3-- routing the trail back to CentrePort Station parking lot to avoid existing drainage way, then routing back to connect to Chase Fort Worth Corporate Center parcel and pass under the railroad bridge again. This option needs a mutual agreement between the owner of JP Morgan Chase parcel and the CITY for a trail easement dedication. CITY will be responsible for the negotiation of the agreement. But ENGINEER shall assist in the process by providing required reports and studies. ENGINEER shall provide the following deliverables: a. Perform TRE railroad bridge inspection and provide inspection report (with color photos) documenting observed condition and recommendation regarding potential reinforcement of TRE railroad bridge. Attachment A Scope of Services CentrePort Trail Phase I&Phase It Date:06.11.2019 Page 10 of 28 b. Provide trail underpass alignment recommendations. G. Provide rough-order-of-magnitude cost opinion for pedestrian bridge construction, railroad bridge reinforcement and renovation. d. Coordinate with THE about trail underpass through railroad easement. e. Attend one (1) meeting with CITY and THE to review detailed railroad bridge inspection, report, alignment recommendations, and cost opinions as described in Coordination/ManagemenVCommunication. f. Provide supporting documents or the dedication process of trail easement inside JP Morgan Chase parcel. 2. Environmental Study Categorical Exclusion (CE) Documentation ENGINEER shall perform the following studies related to environmental process for Categorical Exclusion (CE) documentation required by TxDOT. It is our understanding that federal funds will be used for the proposed project. An environmental review and appropriate documentation is required for the proposed project in accordance with the National Environmental Policy Act(NEPA) of 1969 and the Council on Environmental Quality (CEQ) Regulations, 23 Code of Federal Regulations (CFR) Part 771, and 43 Texas Administrative Code (TAC) Chapter 2, Subchapter C. This scope of work and fee estimate are based on the assumption that the proposed improvements would meet the requirements of 23 CFR 771.117, Categorical Exclusions. The environmental process will follow guidance published by TxDOT regarding CE determinations. The project is assumed to be considered a "c-list" CE project based on 23 CFR 771.117(c)(3) Construction of bicycle and pedestrian lanes, paths, and facilities. In the event it is determined by TxDOT that a CE is not the appropriate level of documentation for the project, ENGINEER will notify the Client and a supplemental scope of work will be prepared to allow completion of other suitable documentation. The following tasks will be necessary to receive a CE determination from TxDOT. A) Coordination/Administration ENGINEER will be responsible for directing and coordinating activities associated with the environmental services, including necessary coordination with local and/or state agencies. Appropriate communication will be maintained between ENGINEER and the Client. ENGINEER will attend one (1) meeting to discuss relevant project issues. ENGINEER will organize and maintain the project records. B) Quality Assurance/Quality Control ENGINEER will conduct quality assurance/quality control reviews for all draft and final deliverables throughout the duration of the project. C) Project Scoping The purpose of this task is to provide scoping documentation to TxDOT to initiate the CE process and identify the technical studies that will be required for the Attachment A Scope of Services CentrePort Trail Phase I&Phase If Date:06.11.2019 Page 11 of 28 project. ENGINEER will obtain digital environmental information available from appropriate local, state, and federal agencies. Data collected through this task will be stored in Geographic Information System (GIS) format. ENGINEER shall complete a Scope Development Tool (SDT) and submit to TxDOT. The following resources will be addressed in the SDT: • Air Quality • Cultural Resources • Community Impacts • Biological Resources • Water Resources • Hazardous Materials a Traffic Noise • Section 4(f) & Section 6(f) • Parks and Wildlife Code, Chapter 26 • Natural Resources Code, Chapter 183 • Indirect Impact Analysis • Cumulative Impacts ® Public Involvement ENGINEER shall also complete a Project Scope for CEs Form for review and signature by the local project sponsor and TxDOT. The Project Scope form will include a preliminary schedule for CE deliverables and agency coordination, if any. D) Site Visit A one-day site visit of the project area will be performed to document existing conditions. This.task includes taking on-site photographs of existing conditions. It is assumed the Client will provide right-of-entry for the project corridor and the project area will be accessible. E) Technical Reports The purpose of this task is to prepare resource agency coordination requests and technical reports for resources that require additional assessment as defined in the SDT and Project Scope form. This project is anticipated to require the following technical reports as further described in Tasks a through g: • Biological Evaluation Form • Water Resources Technical Report • Historical Studies Project Coordination Request (PCR) • Archeological Background Study Report • Hazardous Materials Initial Site Assessment (ISA) Section 4(f) Exception Checklist, including letter to Officials with Jurisdiction (OWJ) PCRs and technical reports will be submitted to the TxDOT and revised in accordance with comments received from TxDOT. a) Biological Investigations Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 12 of 28 This task includes an assessment of the project's compliance with the following federal and state regulatory requirements: • Endangered Species Act of 1973 • Migratory Bird Treaty Act and Golden Eagle Protection Act • Fish and Wildlife Coordination Act • Farmland Protection Policy Act • Executive Order on Invasive Species • Executive Memorandum on Environmentally and Economically Beneficial Landscaping • Texas Parks and Wildlife Department(TPWD) Coordination per Memorandum of Understanding (MOU) (reissued 2013) An assessment will be conducted for vegetation and protected habitat impacts in accordance with the 2013 MOU between TxDOT and the TPWD. The analysis shall consider vegetation/land cover found in the project area as compared to TPWD's Ecological Mapping Systems of Texas (EMST). Associated mapping, a Biological Evaluation Form and Tier I Site Assessment will be completed. This task will include a review of current species lists from the TPWD and the United States Fish and Wildlife Service (USFWS)for Tarrant County, and a search request from the Texas Natural Diversity Database (TXNDD). Conclusions will be made, based on general observations from the visual survey and the literature review and database search, regarding whether preferred habitat or designated critical habitat for any listed species is present within the project area, whether any listed species is likely to occur, and whether there is a potential effect to listed species. I i b) Water Resources Investigations This task includes preparing a Water Resources Technical Report to document compliance with the following: • Section 404 of the Clean Water Act: Waters of the United States • Section 401 of the Clean Water Act: Water Quality Certification • Executive Order 11990, Wetlands • Rivers and Harbors Act of 1899, Section 10 • Section 303(d) of the Clean Water Act • Section 402 of the Clean Water Act: Texas Pollutant Discharge and Elimination System (TPDES), Construction General Permit • Section 402 of the Clean Water Act. TPDES, Municipal Separate Storm Sewer System (MS4) • Floodplains A jurisdictional determination of waters of the United States, including wetlands, will be made within the anticipated easement and/or ROW for the proposed project. This determination will include delineation of the boundaries and ordinary high water mark of jurisdictional waters within the proposed ROW/easements. c) Historical Studies PCR Attachment A Scope of Services CentrePortTraff Phase I&Phase II Date:06.11.2019 Page 13 of 28 ENGINEER shall complete a Non-Archeological Historic Resources PCR form for the proposed project, which will be sent to TxDOT for review. The PCR form will provide information regarding the potential for the presence of historic-age properties in the project's Area of Potential Effects (APE). A review of the Texas Historical Commission's (THC) online Historic Sites Atlas will be conducted to identify previously recorded historic sites within the APE. The PCR form will also include attachments with maps of the proposed project limits and the project APE. d) Archeological Background Study An Archeological Background Study shall be prepared conforming to the current Review Standard for Background Studies, available from TxDOT. The Archeological Background Study shall include the following tasks: • Review site files at the Texas Archeological Research Laboratory (TARL) and/or THC to determine whether previously recorded archeological sites are present in the area. If sites are present, consult relevant site forms and archeological reports available from THC and/or TARL to determine the characteristics of the sites. m Produce a clearly reproducible map, based on the United States Geological Survey (USGS) 7.5' topographic maps, indicating areas where recorded archeological sites are present. • Review Natural Resource Conservation Service (NRCS) soil maps, Bureau of Economic Geology (BEG) geological maps, historic maps, aerial photographs, and USGS topographic maps to determine the general characteristics of the study area with respect to the identification of areas where preservation of archeological historic properties and State Antiquities Landmarks (SALs) is likely and unlikely. Based on this review, a background study report shall be prepared to submit to TxDOT for review and determination of areas that require field investigation and consultation with THC and/or consulting parties to evaluate the project's effects on archeological resources, if any. An Antiquities Permit application and an Archeological Survey report are not included in this scope of work and will not be provided to TxDOT for review and coordination with consulting parties unless they are needed by the completion of CE submittal. e) Hazardous Materials ISA Technical Report ENGINEER shall perform a Hazardous Materials ISA for potential hazardous materials impacts. The ISA shall determine the potential for encountering hazardous materials in the study area, including possible environmental liability, increased handling requirements (e.g. soil or groundwater), and potential construction worker health and safety issues. The performance of the hazardous materials ISA will be sufficient to satisfy TxDOT's current standards. The ISA shall include the following: • Determine the appropriate project-specific level of inquiry for the ISA. Consider the project design and right-of-way requirements, Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 14 of 28 including project excavation requirements, anticipated additional right-of-way acquisition, and the demolition or modification of structures. • Produce and submit to TxDOT a completed ISA using TxDOT's ISA format. The completed ISA shall include copies of list search reports, including maps depicting locations, photographs, recommendations, and any other supporting information gathered to complete the ISA. Based on the ISA information, provide TxDOT a report discussing the known or potential hazardous materials impacts. f) Section 4(f) Resources Section 4(f) applies when a U.S. DOT agency approves a transportation program or project that uses Section 4(0 property. This scope of services only includes the evaluation that may be necessary for processing a Section 4(f) exception checklist. The Engineer shall prepare an evaluation, including appropriate supporting documentation, for TxDOT to process an exception checklist for up to three (3) Section 4(f) resources. The Engineer shall document the following: ® Applicability of Section 4(f) to the park, recreation, refuge or historic property proposed to be used by the project; Whether or not there is a use of Section 4(f) property; • Activities, features, and attributes of the Section 4(f) property; • Analysis of the impacts to the Section 4(f) property; and • Results of coordination with the OWJ. F) Public Involvement ENGINEER shall perform public involvement activities in accordance with TxDOT guidelines on Public Involvement and TAC, Title 43, Part 1, Chapter 2 and 36 CFR 800.2 as described below. As described under Basic Services, ENGINEER shall perform a meeting with affected property owners by mail out. ENGINEER shall develop and submit to TxDOT a MAPO form including the MAPO letter and mailing list. The summary shall also include the comments received and responses to comments, as well as modifications, if any, to the project resulting from comments received. G) Environmental Permits, Issues, and Commitments (EPIC) Sheet An environmental permits, issues, and commitments (EPIC) design sheet will be prepared and submitted to TxDOT and revised in accordance with comments received from TxDOT. Summary of Deliverables: Electronic versions in Adobe Acrobat format of the following documents: • SDT and Project Scope Form • Biological Evaluation Form and Tier I Site Assessment • Water Resources Technical Report Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 15 of 28 4 Historical Studies PCR Archeological Background Study Report Hazardous Materials ISA ® Section 4(f) Exception Checklist, including letter to OWJ MAPO summary form and documentation EPIC sheet 3. HydrologylHydraulic Study Part of the Centreport Trail will cross over storm water ditch /drainage way at multiple locations. And it will also run along the north bank of W Fork Trinity River near SH 360 underpass where flooding and erosion are currently observed. ENGINEER shall perform hydraulic studies to explore flooding resilience designs within floodplain along the W Fork Trinity River and evaluating proposed pedestrian crossings over storm water ditch/drainage way. The study will also provide hydraulic inputs on necessary erosion control strategies: pedestrian bridges, retaining walls, storm water structures, and drainage easement regulations. 4. State Accessibility Plan Review Upon completion of 100% Plan submittal, the ENGINEER shall submit plans and specifications to a Registered Accessibility Specialist (RAS) for review. Part 4— Optional Services 1. Trail Width Study/ Easement Acquisition Coordination ENGINEER shall support the CITY's effort of Right of Way/easement acquisition to widen existing sidewalk to meet the width requirement of new trail. ENGINEER shall produce required documents/ ROW maps subject to the negotiation process, and assist CITY in the easement negotiation process. Part 5—Phase 1 Proiect Deadline All design works of Phase I shall be done before Letting Deadline in August 18t, 2020. Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 16 of 28 PHASE II Part 9 -Semment Description Professional engineering/design services of Phase II will cover following segments: A) Trail starts at the THE CentrePort Station parking lot and extend south to pass under railroad bridge and extends east along south of THE railroad until W Trinity Boulevard (approximately 0.2 mile from CentrePort Station parking lot to the south of railroad bridge, 0.8 mile along south of THE railroad). B) Trail turns to south along W Trinity Boulevard and then turn south again at Roy Orr Boulevard (approximately 1.4 miles from THE railroad and W Trinity Boulevard bypass crossing to W Trinity Boulevard and Roy Orr Boulevard crossing). C) Trail runs along Roy Orr Boulevard and connect to existing Trail in Mike Lewis Park in Grand Prairie (approximately 1.1 mile along Roy Orr Boulevard). Part 2-Basic Services Basic services of the Phase II shall include trail alignment study, preparation of schematic design documents(30%), design development documents(60%), construction documents (90%), and technical specifications (60% and 90%). The drawings for Phase II will be split into two packages. The first package will include the trail portion within the City of Fort Worth limit. The second package will include the trail within the City of Grand Prairie limit. ENGINEER shall be responsible for providing the following basic services for Phase II. 1. Coordination/Management/Communication ENGINEER shall perform the following tasks: A) Attend following meetings (each up to two-hour duration) with the CITY to review project, schedule, deliverable, status reporting, community communication, and construction. a. One (1) project kick-off meeting; b. Two (2) base data review and trail alignment meetings (visit site for on-site field verification if needed); c. Three (3) drawing deliverables review meetings (30%, 60%, and 90%); d. One (1) meeting with affected property owners (MAPO) by mail; and e. One (1) permit meeting with USAGE; B) Lead and manage the ENGINEER and sub-consultant design team throughout the project (maintain 4% DBE goal); C) Communicate regularly by phone and email with CITY staff; D) Provide to the CITY a one-page project status report on the last business day of each month throughout the design and construction; Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 17 of 28 E) Up to ten (10) Stakeholder Coordination with City of Grand Prairie, TxDOT, TRE, DART, USACE, and TRWD, utility companies and local stakeholders. 2. Data Review/Site Visit/Survey/Base Map ENGINEER shall perform the following tasks: A) Gather and review available project data relevant to the project study area as necessary for completion of the project. Relevant project data shall include the following: a. Google Earth aerial photography and mapping b. NCTCOG topography c. Texas statewide environmental/historic/cultural resource data d. FEMA Flood plain data e. Electric utilities, gas lines, water/wastewater and other information B) Visit the project study area to observe, photographically document, and perform site reconnaissance of existing conditions as necessary for completion of the project. C) Conduct all necessary site survey and production of survey drawings available in both hard copy and CAD format. Conduct necessary investigation and issuance of reports. Survey and investigation include the following: a. Site topography b. Flood plain c. Property boundary and ROW/easement (property ownership research and support for Right of Way 1 easement acquisition including production and issuance of meets and bounds for the use of City of Fort Worth.) d. Above ground and underground utilities e. Above ground physical structures f. Existing protected tree above 6" caliper within disturbed areas by trail alignment (tree species need to be identified) g. Soil investigation and issuance of geotechnical reports D) Prepare a project base map for the project study area utilizing ENGINEER's gathered relevant project data and survey. The project base map shall be suitable for use in 11 inch x 17 inch format with black and white line work (and with full- color aerial photo background which can be turned on or off as requested by CITY. The base map shall include, at minimum, the following data for all areas within the project study area: a. Existing photometric (LIDAR) topographic contours (1-foot contour interval) Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 18 of 28 b. Flood limits (locations of FEMA 100-year floodplain and floodway) c. Utilities (underground/on-grade/overhead, location, type, size, owner name and contact information) d. Property ownership (current owner name and contact information, TAD parcel number, parcel boundary, parcel size, assessed values of land and improvements) e. Physical structures (buildings, roadways, railroads, walls, paving) f. Existing protected trees above 6" caliper within disturbed areas by trail alignment (tree species need to be identified) g. Aerial photography (latest available color Google or other) E) Review ENGINEER's project data, base map, site analysis, and special services tasks data with city staff. Discuss anticipated trail alignment options and on-site field verification with CITY staff BEFORE proceeding with ENGINEER's final Trail Alignment and Schematic Design tasks. 3. Trail Alignment Study ENGINEER shall perform the following tasks: A) Determine and illustrate, utilizing project study area base map background, preliminary trail alignment options that ENGINEER proposes to be considered by CITY (including preliminary trail alignment previously proposed by ENGINEER in conjunction with topo and other survey information). ENGINEER's proposed trail alignment options shall be based on ENGINEER's knowledge and experience, input provided by CITY, and data including anticipated construction costs, environmentallhistoriciculturallwildlife resource impacts, utilities conflicts, and required propertyleasement acquisitions. B) Attend two (2) meetings with the CITY to review ENGINEER's proposed routing options, and visit site for on-site field verification if needed as described in Coordination/Management/Communication. C) Determine and illustrate final trail alignment based on consensus of CITY review comments and ENGINEER's recommendations. D) Prepare proposed propertyleasement acquisition data (11 inch x 17 inch spreadsheet table summarizing propertyleasement/ownership data and accompanying map(s) indicating location and property boundaryleasement limits.) 4. Geotechnical Services Subsurface Drilling: A) Drillers and technicians will evaluate subsurface conditions with: • Eleven (11) total proposed borings o Two (2) retaining wall borings o Seven (7) shallow trail borings o Two (2) bridge crossing borings Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 19 of 28 Engineering Report: B) An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. We will provide three 8.5"xl V printed copies and a PDF electronic copy of the report. The report will address: Plan of borings, boring logs, water level observations, and laboratory test results. Foundation recommendations for the proposed bridge crossings Foundation recommendations for the short retaining walls. Global stability analyses have not been included for the short retaining walls. • Comments on the presence and effect of expansive soils on slab-on-grade construction will be provided. Alternative methods of reducing any anticipated shrink/swell movements associated with expansive clays will be included for slab-on grade construction. ® Pavement subgrade stabilization recommendations. ® Recommendations for site grading and compaction of earthwork will be presented. 6. Design Deliverables (30%, 60% & 90% Design Drawings &Specifications) ENGINEER shall deliver design drawings and cost opinion documents at 30%, 60%, 90% milestones, and specifications at 60% and 90% milestone to the CITY on the dates set before on project schedule. Drawing sheets and specifications shall use format provided by TxDOT. Design documents should include each of the anticipated improvements identified in PROJECT DESCRIPTION section. Design for all improvements shall follow current TxDOT and CITY design standards, and AASHTO design guidelines for bicycle facilities unless directed otherwise by TxDOT and CITY. Besides the anticipated improvements mentioned below, ENGINEER's design plans shall also contain the following base information: a. Project name, street address, and lot and block description. b. Date, scale, north point, and the names, addresses, and telephone numbers (if readily available) of each property owner and the person preparing the plan. c. Location of existing boundary lines and ROW(with proposed propertyleasement acquisitions marked and with ownership data summary table on each sheet). d. Approximate centerlines of existing water courses and the location of the flood plain; the approximate location of significant drainage features; and the location of existing and proposed streets and alleys, driveways, and sidewalks on or adjacent to the lot. Attachment A Scope of Services CentrePort Trail Phase I&Phase it Date:06.11.2019 Page 20 of 28 e. Location of centerlines of overhead and underground utility lines within and adjacent to the site, and the location of all utilities, utility easements, including the location of utility poles, generators, and equipment. f. Location of visibility triangles if applicable. ENGINEER's design plans shall be suitable for use in 11 inch x 17 inch format with black and white line work and with screened-back black and white (gray-tone) aerial photo background in the overall site plan. ENGINEER shall provide CITY with three (3) hardcopies (1 full-size and 2 half-size for plan sets), electronic pdf and CAD sheets for CITY review. ENGINEER shall, at request of CITY, transmit to CITY electronic copies of ENGINEER work product components including data, photos, images, text, designs, and cost opinions for project-related use by CITY including project budgeting and project coordination/communication. ENGINEER shall attend one (1) meeting (two-hour duration) at each milestone described above with CITY to discuss CITY review comments regarding the design drawings and cost opinions. After the review, ENGINEER shall update design drawings and cost opinions incorporating input from CITY, and provide final updated documents for CITY record. A) 30% Schematic Design ENGINEER's 30% schematic design drawings shall include the following sheets, in order shown below: a. Cover sheet(1 sheet) b. General notes sheet (1 sheet) c. Preliminary Summary of quantities sheet (1 sheet) d. Overall site plan (with key map and references to plan sheets as noted below) (1 sheet) e. Engineering plans (erosion control, utilities, traffic control, etc.) f. Protected tree removal & site demolition plans (protected tree removal schedules and tree protection fence location; as described above, number of sheets per item as required for scalable legibility in half-size sheet format). g. Site Plans (location and layout of anticipated improvements; as described above, number of sheets per item as required for scalable legibility in half- size sheet format). h. Construction-site temporary elements plan (access points, circulation routes, equipment and material storage locations, power and water connections, and project sign locations). i. Preliminary Environmental Review finding Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 21 of 29 B) 60% Design Development ENGINEER's 60% design development drawings shall include the following sheets, in order shown below: a. Cover sheet (1 sheet) b. General notes sheet(1 sheet) c. Summary of quantities sheet (1 sheet) d. Overall site plan (with key map and references to plan sheets as noted below) (1 sheet) e. Engineering plans (erosion control, utilities, traffic control, structural, etc.) f. Protected tree removal & site demolition plans (include protected tree removal schedules and tree protection fence location). g. Layout& materials plans (trail center line station number coordinate point schedule, locations of other improvements, materials call out, general dimensions of improvements and landscape buffers). h. Grading plans (1-foot interval contour lines showing grading of trail, shoulder, and affected areas; spot elevations at critical places such as top of retaining wall). i. Planting plans (complete description of new plant materials, including names locations, quantities, and sizes at installation, heights, spread, and spacing). j. Plan enlargements, sections and elevations (at 60% finish level). k. Engineering and landscape details (at 60% finish level). I. Construction-site temporary elements plan (access points, circulation routes, equipment and material storage locations, power and water connections, and project sign locations). m. Technical specifications for all site improvements following Tx©OT standards (outline only) C) 90% Construction Document ENGINEER's 90% construction documents shall include the following sheets, in order shown below: a. Cover sheet (1 sheet) b. General notes sheet (1 sheet) c. Summary of quantities sheet (1 sheet) d. Overall site plan (with key map and references to plan sheets as noted below) (1 sheet) e. Engineering plans (erosion control, utilities, traffic control, structural, etc.) f. Protected tree removal & site demolition plans (include protected tree removal schedules and tree protection fence location). Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 22 of 28 g. Layout plans (trail center line station number coordinate point schedule, 911 signs location coordinate point schedule, locations of other improvements, complete dimensions of improvements and landscape buffers). h. Materials plans (materials call out; can be combined with Layout plans). i. Grading plans (1-feet interval contour lines showing grading of trail, shoulder, and affected areas; spot elevations at all other structures and improvements). j. Planting plans (complete description of new plant materials, including names locations, quantities, and sizes at installation, heights, spread, and spacing). k. Plan enlargements, sections and elevations (at 90% finish level). 1. Engineering and landscape details (at 90%finish level). m. Construction-site temporary elements plan (access points, circulation routes, equipment and material storage locations, power and water connections, and project sign locations). n. Technical specifications for all site improvements following TxDOT standards. o. Way finding signs/traffic signs at junctions, turning points or street crossing p. 911 Location Signs ENGINEER shall design the 911 signs based on the standards provide by CITY. ENGINEER shall also show the location of the signs on the plans and provide the coordinate points of signs in a schedule. 911 signs should be located along the entire length of the trail at 1/8 mile interval. 6. Cost Estimates ENGINEER shall provide opinion of probable construction cost at each of the delivery milestone as described above. ENGINEER's 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. ENGINEER shall control the design to keep the construction cost under project budget. Part 3- Special Services 1. Environmental Study CE Documentation ENGINEER shall perform the following studies related to environmental process for Categorical Exclusion (CE) documentation required by TxDOT. It is our understanding that federal funds will be used for the proposed project. An environmental review and appropriate documentation is required for the proposed project in accordance with NEPA of 1969 and the CEQ Regulations, 23 CFR Part 771, and 43 TAC Chapter 2, Subchapter C. This scope of work and fee estimate are based on the assumption that the proposed improvements would meet the requirements of 23 CFR 771.117, Categorical Exclusions. The Attachment A Scope of Services Centre Port Trail Phase 1&Phase Il Date:06,11,2019 Page 23 of 28 environmental process will follow guidance published by TxDOT regarding CE determinations. The project is assumed to be considered a "c-list" CE project based on 23 CFR 771.117(c)(3) Construction of bicycle and pedestrian lanes, paths, and facilities. In the event it is determined by TxDOT that a CE is not the appropriate level of documentation for the project, ENGINEER will notify the Client and a supplemental scope of work will be prepared to allow completion of other suitable documentation. The following tasks will be necessary to receive a CE determination from TxDOT. A) Coordination/Administration ENGINEER will be responsible for directing and coordinating activities associated with the environmental services, including necessary coordination with local and/or state agencies. Appropriate communication will be maintained between ENGINEER and the Client. ENGINEER will attend one (1) meeting to discuss relevant project issues. ENGINEER will organize and maintain the project records. B) Quality Assurance/Quality Control ENGINEER will conduct quality assurance/quality control reviews for all draft and final deliverables throughout the duration of the project. C) Project Scoping The purpose of this task is to provide scoping documentation to TxDOT to initiate the CE process and identify the technical studies that will be required for the project. ENGINEER will obtain digital environmental information available from appropriate local, state, and federal agencies. Data collected through this task will'be stored in GIS format. ENGINEER shall complete a SDT and submit to TxDOT. The following resources will be addressed in the SDT: • Air Quality • Cultural Resources • Community Impacts • Biological Resources • Water Resources Hazardous Materials • Traffic Noise • Section 4(f) & Section 6(f) • Parks and Wildlife Code, Chapter 26 • Natural Resources Code, Chapter 183 • Indirect Impact Analysis • Cumulative Impacts • Public Involvement ENGINEER shall also complete a Project Scope for CEs Form for review and signature by the local project sponsor and TxDOT. The Project Scope form will include a preliminary schedule for CE deliverables and agency coordination, if any. Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 24 of 28 D) Site Visit A one-day site visit of the project area will be performed to document existing conditions. This task includes taking on-site photographs of existing conditions. It is assumed the Client will provide right-of-entry for the project corridor and the project area will be accessible. E) Technical Reports The purpose of this task is to prepare resource agency coordination requests and technical reports for resources that require additional assessment as defined in the SDT and Project Scope form. This project is anticipated to require the following technical reports as further described in Tasks a through g: • Biological Evaluation Form • Water Resources Technical Report • Historical Studies PCR • Archeological Background Study Report • Hazardous Materials ISA • Section 4(f) Exception Checklist, including letter to OWJ PCRs and technical reports will be submitted to TxDOT and revised in accordance with comments received from TxDOT. a) Biological Investigations This task includes an assessment of the project's compliance with the following federal and state regulatory requirements: • Endangered Species Act of 1973 • . Migratory Bird Treaty Act and Golden Eagle Protection Act • Fish and Wildlife Coordination Act • `Farmland Protection Policy Act i ® Executive Order on Invasive Species Executive Memorandum on Environmentally and Economically Beneficial Landscaping o TPWD Coordination per MOU (reissued 2013) An assessment will be conducted for vegetation and protected habitat impacts in accordance with the 2013 MOU between TxDOT and the TPWD. The analysis shall consider vegetation/land cover found in the project area as compared to TPWD's EMST data. Associated mapping, a Biological Evaluation Form and Tier I Site Assessment will be completed. This task will include a review of current species lists from the TPWD and USFWS for Tarrant County, and a search request from the TXNDD. Conclusions will be made, based on general observations from the visual surrey and the literature review and database search, regarding whether preferred habitat or designated critical habitat for any listed species is present within the project area, whether any listed species is likely to occur, and whether there is a potential effect to listed species. b) Water Resources Investigations Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 25 of 28 This task includes preparing a Water Resources Technical Report to document compliance with the following: • Section 404 of the Clean Water Act: Waters of the United States • Section 401 of the Clean Water Act: Water Quality Certification • Executive Order 11990, Wetlands • Rivers and Harbors Act of 1899, Section 10 • Section 303(d) of the Clean Water Act • Section 402 of the Clean Water Act: TPDES, Construction General Permit • Section 402 of the Clean Water Act: TPDES, MS4 • Floodplains A jurisdictional determination of waters of the United States, including wetlands, will be made within the anticipated easement and/or right of way for the proposed project. This determination will include delineation of the boundaries and ordinary high water mark of jurisdictional waters within the proposed ROW/easements. c) Historical Studies PCR ENGINEER shall complete a Non-Archeological Historic Resources PCR form for the proposed project, which will be sent to TxDOT for review. The PCR form will provide information regarding the potential for the presence of historic-age properties in the project's APE. A review of the THC online Historic Sites Atlas will be conducted to identify previously recorded historic sites within the APE. The PCR form will also include attachments with maps of the proposed project limits and the project APE. d) Archeological Background Study An Archeological Background Study shall be prepared conforming to the current Review Standard for Background Studies, available from TxDOT. The Archeological Background Study shall include the following tasks: • Review site files at TARL and/or THC to determine whether previously recorded archeological sites are present in the area. If sites are present, consult relevant site forms and archeological reports available from THC and/or TARL to determine the characteristics of the sites. • Produce a clearly reproducible map, based on the USGS 7.5' topographic maps, indicating areas where recorded archeological sites are present. • Review NRCS soil maps, BEG geological maps, historic maps, aerial photographs, and USGS topographic maps to determine the general characteristics of the study area with respect to the identification of areas where preservation of archeological historic properties and SALs is likely and unlikely. Based on this review, a background study report shall be prepared to submit to TxDOT for review and determination of areas that require field investigation and consultation with THC and/or consulting parties to Attachment A Scope of Services Centre Port Trail Phase I&Phase II Date:06.11.2019 Page 26 of 28 evaluate the project's effects on archeological resources, if any. An Antiquities Permit application and an Archeological Survey report are not included in this scope of work and will not be provided to TxDOT for review and coordination with consulting parties unless they are needed by the completion of CE submittal. e) Hazardous Materials ISA Technical Report ENGINEER shall perform a Hazardous Materials ISA for potential hazardous materials impacts. The ISA shall determine the potential for encountering hazardous materials in the study area, including possible environmental liability, increased handling requirements (e.g. soil or groundwater), and potential construction worker health and safety issues. The performance of the hazardous materials ISA will be sufficient to satisfy TxDOT's current standards. The ISA shall include the following: • Determine the appropriate project-specific level of inquiry for the ISA. Consider the project design and right-of-way requirements, including project excavation requirements, anticipated additional right-of-way acquisition, and the demolition or modification of structures. • Produce and submit to TxDOT a completed ISA using TxDOT's ISA format. The completed ISA shall include copies of list search reports, including maps depicting locations, photographs, recommendations, and any other supporting information gathered to complete the ISA. • Based on the ISA information, provide TxDOT a report discussing the known or potential hazardous materials impacts. f) Section 4(f) Resources .Section 4(f) applies when a U.S. DOT agency approves a;transportation program or project that uses Section 4(f) property. This scope of services only includes the evaluation that may be necessary for processing a Section 4(f) exception checklist. The Engineer shall prepare an evaluation, including appropriate supporting documentation, for TxDOT to process an exception checklist for up to three (3) Section 4(f) resources. The Engineer shall document the following: • Applicability of Section 4(f) to the park, recreation, refuge or historic property proposed to be used by the project; • Whether or not there is a use of Section 4(f) property; • Activities, features, and attributes of the Section 4(f) property; • Analysis of the impacts to the Section 4(f) property; and • Results of coordination with the OWJ. F) Public Involvement ENGINEER shall perform public involvement activities in accordance with TxDOT guidelines on Public Involvement and TAC, Title 43, Part 1, Chapter 2 and 36 Attachment A Scope of Services [entrePort Trail Phase I&Phase II Date:06.11.2019 Page 27 of 28 CFR 800.2 as described below. As described under Basic Services, ENGINEER shall perform a meeting with affected property owners by mail out. ENGINEER shall develop and submit to TxDOT a MAPO form including the MAPO letter and mailing list. The summary shall also include the comments received and responses to comments, as well as modifications, if any, to the project resulting from comments received. G) EPIC Sheet An EPIC design sheet will be prepared and submitted to TxDOT and revised in accordance with comments received from TxDOT. Summary of Deliverables: Electronic versions in Adobe Acrobat format of the following documents: • SDT and Project Scope Form o Biological Evaluation Form and Tier I Site Assessment Water Resources Technical Report • Historical Studies PCR • Archeological Background Study Report • Hazardous Materials ISA Section 4(0 Exception Checklist, including letter to OWJ o MAPO summary form and documentation EPIC sheet 2. Trail Width Study/Easement'Acquisition Coordination along W Trinity Boulevard and Roy Orr Boulevard Approximately 1.4 miles of CentrePort Trail will run along W Trinity Boulevard and approximately 1.1 miles along Roy Orr Boulevard at street level using existing 4' wide sidewalk. ENGINEER shall support the CITY's and City of Grand Prairie's effort of Right of Way/easement acquisition to widen existing sidewalk to meet the width requirement of new trail. ENGINEER shall attend public meetings, produce required documents/ROW maps, and assist CITY in the easement negotiation process. Part 4—Phase H Proiecf Deadline 90% design works of Phase II are expected to be done on March, 2020. Attachment A Scope of Services CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 28 of 28 Attachment B Available Additional Services The following services are not included in the scope or fees for this proposal; but, can be provided by the CONSULTANT, subject to negotiation: 1. Any additional work not specifically included in the Proposed Scope of Work will be accomplished as Additional Services. 2. Client generated changes to the design once Construction Document Preparation is in progress. Time will be billed at fee base per task, per a proposal approved by the Client, until the work is at the same level of completion as it was prior to the change. 3. Revisions to the plans requested by the Client after the plans are approved, unless necessitated by discrepancy and inaccuracy in the surveys and plans. 4. Design of areas outside the limits of the defined project site. 5. Design of gas, telephone or other utility improvements. 6. Traffic engineering reports or studies. 7. Extra Public meetings or hearings not specified in Attachment A Part 2.1. Coordination/Management/Communication. A. D& E 8. Additional graphic products. 9. Additional meetings or workshops not identified in the project scope of services. 10. Permit fees, filing fees, pro-rated fees, impact fees, taxes, federal and/or state regulatory agency review fees. 11. Printing of additional drawings, specification and contract documents not identified in the project scope of services. 12. Construction staking. 13. Payment of permits or filing fees required by regulatory agencies or departments obtained for the CLIENT. 14. Preparation and printing of As-Built Drawings. 15. Design/coordination of existing utility relocations or modifications, unless necessitated by discrepancy and inaccuracy in the surveys and plans 16. Extra negotiations with adjacent property owners beyond the meetings specified in Attachment A Part 2.1. Coordination/Management/Communication. 17. Additional TxDOT or regulatory agency requirements not identified in the proposed scope of services. 18. Technical reports for the following items are excluded from this scope of services: noise, air quality, community impacts, indirect impacts, and cumulative impacts, unless necessitated by the completion of CE process. 19. Effort to obtain right-of-entry from public or private land owners to allow for the completion of environmental services is not included in this scope of work. 20. This scope of work does not include threatened or endangered species surveys or Section 7 consultation with the USFWS under the Endangered Species Act, unless necessitated by the completion of CE process. 21. Preparation of a Preconstruction Notification (PCN), mitigation plan (except tree mitigation plan required by the City of Fort Worth), or a U.S. Army Corps of Engineers (USACE) Section 404 Individual Permit Application is not included in this scope of work. Attachment B Scope of Services—Available Additional Services CentrePort Trail Phase I&Phase 11 Date:06.11.2019 Page 1 of 2 22. If TxDOT or a regulatory agency requires additional information other than standard information and submittals required for the completion of this project, then a supplemental services agreement will be required. 23. 360 Bridge Trail Underpass Lighting Study is not included in Phase I. 24. Electrical Engineering is not included. 25. Traffic Signal Modifications are not included. 26. State Accessibility Review is not included in Phase II. 27. Hydrology/ hydraulic studies are not included in Phase II. 28. Irrigation is not included. 29. Historic Survey and Archeological Survey are not included, unless necessitated by the completion of CE documentation submittal. Attachment 8 Scope of Services—Available Additional Services CentrePort Trail Phase I&Phase 11 Date:06.11.2019 Page 2of2 Attachment C Compensation PHASE The services of Phase I described in Attachment A Scope of Services shall be provided for a total lump sum fee of$391,350 (Three-Hundred Ninety-One Thousand Three- Hundred Fifty Dollars). The overall fee total shown shall not be exceeded without prior written authorization from the CITY. Payment for the services of Phase I described in Attachment A Scope of Services shall be invoiced to the CITY on a monthly basis, based upon percentage completed for each task. Below is a fee breakdown by task for the services of Phase I described in Attachment A Scope of Services: Task Fee Basic Services 1. Coordination/Management/Communication $ 20,400 2. Data Review/Site Visit/Survey/Base Map $ 73,100 3. Trail Alignment Study $ 3,000 4. Geotechnical Services $ 28,850 5. Design Deliverables (30%,60%,90% & 100% Design Drawings & Specifications) A.30% Schematic Design $ 16,100 B_60% Design Development $ 54,100 C. 90% & 100% Construction Document $ 100,000 6. Cost Estimates $ 6,000 7. Permitting $ 6,000 8. Bid and Negotiation $ 4,000 9. Construction Administration $ 9,500 Reimbursable expenses $ 5,000 Basic Services Subtotal $ 326,060 Special Services 1. THE railroad bridge Inspection & Trail Underpass Study $ 10,000 2. Environmental Study $ 44,800 3. Hydrology/Hydraulic Study $ 5,000 4. State Accessibility Plan Review $ 2,000 Special Services Subtotal $ 61,800 Attachment C Compensation CentrePort Trail Phase I&Phase Il Date:06.11,2019 Page 1 of 3 Optional Services 1. Trail Width Study/Easement Acquisition Coordination $ 3,500 Optional Services Subtotal $ 3,500 Total Fee for Services of Phase I Basic, Special, and Optional Services & Reimb. Exp. $ 391,350 PHASE II The services of Phase II described in Attachment A Scope of Services shall be provided for a total lump sum fee of$538,650 (Five-Hundred Thirty-Eight Thousand Six-Hundred and Fifty Dollars). The overall fee total shown shall not be exceeded without prior written authorization from the CITY. Payment for the services of Phase 11 described in Attachment.A Scope of Services shall be invoiced to the CITY on a monthly basis, based upon percentage completed for each task. Below.is a fee breakdown by task for the services of Phase Il described in Attachment A Scope of Services: Task Fee Basic Services 1. Coordination/Management/Communication $ 35,800 2. Data Review/Site Visit/Survey/Base Map $ 121,000 3. Trail Alignment Study $ 6,000 4. Geotechnical Services $ 12,000 5. Design Deliverables (30%,60%,& 90% Design Drawings & Specifications) A.30% Schematic Design $ 59,900 13.60% Design Development $ 128,300 C.90% Construction Documentation $ 104,150 6. Cost Estimates $ 13,500 Reimbursable expenses $ 5,000 Basic Services Subtotal $ 486,650 Attachment C Compensation CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 2 of 3 Special Services 1. Environmental Study $ 45,000 2. Trail Width Study/Easement Acquisition Coordination $ 8,000 Special Services Subtotal $ 53,000 Total Fee for Services of Phase 11 Basic and Special Services & Reimbursable Expenses $ 638,650 Attachment C Compensation CentrePort Trail Phase I&Phase II Date:06.11.2019 Page 3 of 3 Attachment D Amendments to Standard Agreement for Engineering Related Professional Services Article IV Obligations of the Engineer D. Preparation of Engineering Drawings The ENGINEER shall provide engineering drawings, which shall become the property of the CITY, in the format described in Attachment A. 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. I. Disadvantaged Business Enterprise(DBE) Participation The Texas Department of Transportation (TxDOT) has established Disadvantaged Business Enterprise (DBE) goals in federal funding projects in accordance with the regulations of U.S. Department of Transportation (DOT), 49 Code of Federal Regulations (CFR) Part 26. Engineer acknowledges the DBE goal established for this contract and its accepted written commitment to DBE 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. K. Insurance (2) General Insurance Requirements g. Any deductible or self insured retention in excess of$250,000.00 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. 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M■■■E■E■g:II:: �■E■■■■E■INNIE a:aaM■11■■■■ ■•• I :a ■.■MEMO ■1.1■� ■�a.■.■.■.ME..M.O.■.■11 ■.■M■■:■■m■■ :■:■:■■:■:■:.m M'a-mOMMa:a■:m■a■::■::■©■::■Sol IN■■gM■ E■■■■ mama':■■■MOM■■ ■ :: Ma:mmmmmmm ■: a:m■■nM■■M ■ Ii Lnuo'E'Nomomm ■N■ .'■ f iNEE :" :::mmg 8 : mmm.:mm ME :mm:m:mmmm::m : ..... sm ■■ r.j.1111E ■■■■■■ ■.■.■ ■ MEMO immmmmmmmmzmmi::::: N ::"::: m :::=:::::::- :::: mmm EEE aagmmmm �= M MEMBERS Emma■■■■M■■ mama:: mom MEMEMEN - I i ■ • :1W ;:i.S; ,.%.s -', v ,ir,,r i1 'a 4 • "4. fy�" '. r i4' • is �I, TIM— � 31 �;. 17 Iva ' r,Al f -------------- 106 INS. r �rr1 - 74 I'` Iq� lilt :r Nicoll Or(t} { - 41 "i I,R~ �" '. 1.�� .F_ TL "__ �i:r—__ ��' 7sk{�'I• * - `]I I�YIIF� yF 1 City ©f Fort Worth, Texas Mayor and C®un �J C®mrnun�catw®n COUNCIL ACTION, Approved on 611/1201 DATE: Tuesday, June 11, 2019 REFERENCE NO.: **C-29147 LOG NAME: 80CENTREPORT TRAIL PHASE I & PHASE 11 ENGINEERING CONTRACT SUBJECT: Authorize Execution of an Engineering Services Agreement with Halff Associates, Inc., in the Amount of $930,000.00 for Engineering-Related Professional Services for CentrePort Trail Phase I & Phase II (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Services Agreement with Halff Associates, Inc., in the amount of$930,000.00 for engineering related professional services for CentrePort Trail Phase I and Phase 11. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an engineering-related professional services agreement with Halff Associates, Inc., in the amount of $930,000.00. Project scope includes the 100% engineering design and construction administration services for CentrePort Trail Phase I, and 90% engineering design services for CentrePort Trail Phase II. This project includes two phases. Phase I will start at the new American Airlines Campus in the east Fort Worth CentrePort area, connect to Arlington River Legacy Trails and terminate at the Trinity Railway Express (TRE) CentrePort Station (approximately 1.6 miles total). Phase II will start at the TRE CentrePort Station and extend east along the TRE railroad until meeting Trinity Boulevard, and then continue heading south to Mike Lewis Park in Grand Prairie (approximately 3.5 miles total). Anticipated improvements include a 12-foot width concrete paved trail, 3-foot wide shoulder on both sides of the trail, trail structures (bridges, retaining walls, drainage headwalls, tunnel, etc.), traffic control and 911 location signs. The City Council authorized an Advanced Funding Agreement (AFA)with TxDOT in the amount of $2,757,588.00 on June 20, 2017 (M&C G-18975 and M&C G-19040) (CSC No. 49494 and TXDOT CSJ No. 0902-90-050), for the engineering and construction of Phase 1. Subsequently on September 25, 2018 (M&C G-19383), the City Council authorized execution of an amendment to the AFA which added $926,862.00 for the preparation of 90% design only for Phase 11, bringing the total AFA amount to $3,684,450.00. DBE Goal - The DBE goal on this project is 4%. Halff Associates, Inc., is in compliance with the Federal funding requirement by committing to 4% DBE participation on this project. CentrePort Trail Phase I and Phase II project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION 1 CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, funds are available in the Grants Capital Projects Federal Fund. The Grants Capital Projects Federal Fund is a reimbursement Lognanne: 80CENTREPORT TRAIL PHASE I PHASE II ENGINEERING CONTRACT Page I of 2 fund. FUND IDENTIFIERS (FIDs): TO Fund Department Accoul Project Program ctivity Budget Reference # mount ID Ila Year Chartfield 2) FROM Fund Department Accoun Project rogram ctivity Budget Reference # moun ID 1D Year �Chartfield Z) CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Richard Zavala (5704) David Creek (5744) Additional Information Contact: Jing Yang (5742) ATTACHMENTS 1. 00 CentrePort Trail Map 2018 0810. df (Public) 2. 190429 DBE Compliance Memo CentrePort Trail. df (CFW Internal) 3. CENTREPORT TRAIL FID ATTACHMENT.pdf (CFW Internal) 4. Form 1295 - Halff- 100082 - CentrePort Trail 2019-479246 Redacted.pdf (Public) Logname: 80CENTREPORT TRAIL PHASE I PHASE II ENGINEERING CONTRACT Page 2 of 2