Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 56623
City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Comanche Trail HROM Revised Date: Sept. 1, 2021 Page 1 of 15 City Project Number 103396 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of FortWorth, a Texas home-rule municipality CITY"), and Pape-Dawson Engineers, Inc., authorized to do business in Texas, ENGINEER"), for a PROJECT generally described as: Comanche Trail Hazardous Road Overtopping Mitigation Project, city project number 103396. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to Five Hundred Five Thousand Six Hundred Eighty-Five Dollars and 00/100 505,685.00) as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. ENGINEER shall provide monthly invoices to City. ENGINEER shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by ENGINEER of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless CSC No. 56623 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Comanche Trail HROM Revised Date: Sept. 1, 2021 Page 2 of 15 City Project Number 103396 specifically otherwise amended, the original term shall not exceed five years from the original effective date: Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: 1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and 2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations 1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. 2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Comanche Trail HROM Revised Date: Sept. 1, 2021 Page 3 of 15 City Project Number 103396 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site 1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. 2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. 3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Comanche Trail HROM Revised Date: Sept. 1, 2021 Page 4 of 15 City Project Number 103396 F. Opinions of Probable Cost, Financial Considerations, and Schedules 1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. 2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Comanche Trail HROM Revised Date: Sept. 1, 2021 Page 5 of 15 City Project Number 103396 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than 100,000. In accordance with the City’s Business Equity Ordinance Ordinance No. 24534-11-2020 as codified in Chapter 20, Article X of the City’s Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. ENGINEER acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is ENGINEER’s written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit 1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. 2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. 3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Comanche Trail HROM Revised Date: Sept. 1, 2021 Page 6 of 15 City Project Number 103396 K. INSURANCE ENGINEER shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances 1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. 2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Comanche Trail HROM Revised Date: Sept. 1, 2021 Page 7 of 15 City Project Number 103396 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Comanche Trail HROM Revised Date: Sept. 1, 2021 Page 8 of 15 City Project Number 103396 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 The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries 1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." 2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. 3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. 4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Comanche Trail HROM Revised Date: Sept. 1, 2021 Page 9 of 15 City Project Number 103396 I. 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. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Comanche Trail HROM Revised Date: Sept. 1, 2021 Page 10 of 15 City Project Number 103396 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. 2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. 3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER’s agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Comanche Trail HROM Revised Date: Sept. 1, 2021 Page 11 of 15 City Project Number 103396 is entitled to recover its reasonable attorney’s fees in proportion to the ENGINEER’s liability. G.Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H.Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I.Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J.Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K.Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. Comanche Trail HROM City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: Sept. 1, 2021 Page 12 of 15 City Project Number 103396 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY’s or ENGINEER’s respective right to insist upon appropriate performance or to assert any such right on any future occasion. L.Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. ENGINEER unless a sole proprietor, acknowledges that inaccordancewithChapter2271oftheTexasGovernmentCode, if ENGINEER has10ormorefulltime-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a companyforgoodsorservicesunlessthecontractcontainsawrittenverificationfromthecompanythatit: (1) does not boycott Israel; and (2) will notboycottIsraelduringthetermofthecontract. The terms “boycott Israel” and“ company” shall have the meanings ascribed to those terms inSection808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER’S signature provideswrittenverificationtotheCitythatifChapter2271, Texas GovernmentCodeapplies, ENGINEER: (1) does not boycott Israel; and (2) willnotboycottIsraelduringthetermofthecontract. N.Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- M.Prohibition On Contracts With Companies Boycotting Israel City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Comanche Trail HROM Revised Date: Sept. 1, 2021 Page 13 of 15 City Project Number 103396 time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms boycott energy company” and “company” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER’s signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O.Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms discriminate,” “firearm entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER’s signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A -Scope of Services Attachment B -Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D -Project Schedule Attachment E -Location Map Attachment F -Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Dana Burghdoff Assistant City Manager Date: Oct 25, 2021 Ronald P. Gonzales Acting City Secretary APPROVAL RECOMMENDED: By:wJ ';:_-!f;S}d:21 CDT) William M. Johnson Director, Transportation & Public Works BY: ENGINEER Pape-Dawson Engineers, Inc. Cara Tackett (Oct 14, 202112:35 CDT) Cara C. Tackett Senior Vice President Date: Oct 14, 2021 APPROVED AS TO FORM AND LEGALITY Form 1295 No. By: DB!ack (Oct 22, 202115:57 CDT) Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: Sept. 1, 2021 Page 14 of 15 M&C No.: M&C Date: --------- 21-0553 08/10/2021 Comanche Trail HROM City Project Number 103396 https:// fortworthtexas.na1.adobesign.com/ verifier?tx=CBJCHBCAABAAE- EvhotApdydvxaGio-_5ent8E9PrtJb 2021-764263 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Mike Bennett Project Manager City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: Sept. 1, 2021 Page 15 of 15 Comanche Trail HROM City Project Number 103396 City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 1 of 22 ATTACHMENT “A” Scope for Engineering Design Related Services for Storm Water Improvements Projects The scope set forth herein defines the work to be performed by ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, “ENGINEER” is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE Study and Design of Drainage, Water, Sewer and Pavement Improvements to Comanche Trail between Malaga Drive and Marina Drive. The work will include surveying of boundaries, topography and Trees, engineering planning and design, geotechnical study, limited environmental services, and floodplain study. Floodplain Development permitting and Urban Forestry permitting will also be required. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey Services Task 9. Permitting Task 10. Plan Submittal Checklists TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER’s and CITY’s time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY’s Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team Lead, manage and direct design team activities Ensure quality control is practiced in performance of the work Communicate internally among team members Task and allocate team resources 1.2. Communications and Reporting Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 2 of 22 Conduct and document monthly project update meetings with CITY Project Manager. Conduct review meetings with the CITY at the end of each design phase. Conduct and document weekly design team meetings. Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. Prepare and submit monthly progress reports in the format provided by the respective CITY Department. Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth’s Schedule Guidance Document. Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. The project anticipates a floodplain Development Permit, Grading Permit, Coordination and Permitting under the City’s Urban Forestry Ordinance. No Park Conversion, TxDOT, LOMR, TDLR, or Railroad coordination or permitting is expected. A delineation report will be prepared but permitting under Section 404 of the Clean Water Act is not anticipated in this project. A Historical report will be completed and an assessment of rare and endangered species will be provided. Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS Weekly Team meetings to be attended by Associate Principal, Senior Project Manager, Project Engineer, and Design Engineer II for 1-hour. Bi-Weekly City Meetings to be attended by Associate Principal and Project Engineer Project Duration August 1, 2021 through February 28, 2022 DELIVERABLES A. Meeting summaries with action items B. Monthly invoices City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 3 of 22 C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 10) TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. Pape-Dawson to review, refine or adjust, and accept FNI Project Development Deliverables for each item below, for use as a basis of design. PD will take ownership of all work included in the conceptual design phase. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY’s endorsement of this concept. ENGINEER will utilize concepts and criteria contained in the current CITY – iSWM Criteria Manual for Site Development and Construction for conceptual planning and design. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Review Drainage Computations and Modeling ENGINEER will obtain previous work by FNI in relation to this project including hydrology and hydraulics models of Comanche Creek. Models will be reviewed and updated if needed based on new topographic or other information obtained through the project research. 2.2. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level A as described below. The SUE shall be performed in accordance with CI/ASCE 38-02. Scope is intended to supplement SUE already performed for this project and includes one (1) day of Level B and one (1) day of Level A. Quality Level D Conduct appropriate investigations (owner records, County/CITY records, personal interviews, visual inspections, etc.) to help identify utility owners that may have facilities within the project limits or that may be affected by the project. Collect applicable records (utility owner base maps, “as built” or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 4 of 22 required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. Include survey and correlation of aerial or ground-mounted utility facilities in Quality Level C tasks. Survey surface features of subsurface utility facilities or systems. The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. Level B (includes tasks as described for Quality Level C) Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. Unless otherwise directed, mark centerline of single-conduit lines, and outside edges of multi-conduit systems. Resolve differences between designated utilities and utility records and surveyed appurtenances. Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 5 of 22 As an alternative to the physical marking of lines, the ENGINEER may, with CITY’s approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project’s survey control. Level A Expose and locate utilities at specific locations. Tie horizontal and vertical location of utility to survey control. Provide utility size and configuration. Provide paving thickness and type, where applicable. Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. 2.4. The Schematic Design Package was provided to ENGINEER. ENGINEER shall develop Conceptual Design Package based upon Schematic to include the following: Cover sheet Drainage area map with supporting drainage computations in the CITY’s standard tabular format. Current Drainage Study Checklist in accordance with the current City Criteria Manual for Site Development and Construction. Include documentation that the proposed storm water project will not impact upstream and downstream properties. SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas Horizontal alignment of proposed storm water improvements, including existing lot layout, streets, street right-of-way, proposed easements, and existing utilities gathered during the SUE within the project limits. Profiles to include enough detail to determine whether or not the system can work hydraulically are included with this scope. Comanche Trail plan and profile for the defined project limits. Water and Sanitary Sewer Layout to show extents of proposed relocations and/or lowering per City of Lake Worth standards. Proposed phasing of water, sanitary sewer, street and drainage work documented in both the project schedule and narrative form. Documentation of key design decisions (Project Decision Log). Estimates of probable construction cost. 2.5. The ENGINEER shall review the Schematic Design Package provided by the CITY. Upon completion of review, ENGINEER will provide a letter confirming understanding of the information within and listing any questions that may arise from the review for clarification by CITY. City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 6 of 22 2.6 Public Meeting (Not included) Public Meeting during conceptual design phase has already been performed. 2.7 The ENGINEER will update the Risk Register document to account for changes/advancements in the project. ASSUMPTIONS Coordination with the prefabricated arch culvert manufacture will begin in conceptual design phase. Details and design data will be requested from manufacturer; however, the structural design will be completed by manufacturer during construction phase. Proposed crossing will be constructed as a single roadway shut down of Comanche Trail without the need of a phased construction approach. All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. The SUE and SUE plan sheets, as provided by FNI, shall be in accordance with CI/ASCE 38-02 All submitted documents and checklists will also be uploaded to the designated project folder in BIM 360 ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Schematic Design Package. DELIVERABLES A. Conceptual Design Package. B. Conceptual iSWM Checklist C. Letter of Understanding of Conceptual Design Package D. Risk Register Document TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. The infrastructure shall include all paving, grading, and utilities improvements necessary per the schematic provided by the CITY included with this scope as Exhibit “A”. ENGINEER relies upon information provided in schematic for design 3.1. Development of Preliminary Design Drawings shall include the following: Cover Sheet Drainage area maps showing proposed improvements with drainage calculations and hydraulic computations in accordance with the current iSWM Criteria Manual for Site Development and Construction. Scope includes 2 drainage area maps: o Drainage Area – Drainage Area Map beginning point provided by Freese & Nichols, Inc. City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 7 of 22 o Comanche Trail Drainage Area – Drainage Area Map for runoff entering proposed Comanche Trail site. A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901 PK Nail, 5/8” Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). Overall project easement layout sheet(s). SUE plan drawings. Current version of the Drainage Study Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction Plan and profile drawings of proposed storm water improvements, including existing lot layout with property ownership, streets, curb lines, driveways, medians (if applicable), sidewalks, existing and proposed water and sanitary sewer mains, existing utilities gathered during the SUE and existing utility easements within the project limits. No less than two benchmarks per plan/profile sheet. ENGINEER will prepare standard and special detail sheets that are not already included in the City’s standard details. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. Prepare separate drawings for water and/or sanitary sewer mains including an overall water and/or sanitary sewer layout sheet and plan and profile drawings per City of Lake Worth standards and guidelines. Overall project water and/or sanitary sewer layout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity per City of Lake Worth standards and guidelines. Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view per City of Lake Worth standards and guidelines. City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 8 of 22 ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) by ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de-hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. Applicable City of Lake Worth Standard Water & Sanitary Sewer Details Station equations relating utilities to paving, when appropriate. Proposed roadway profile grades and elevations along each curb line; elevations at all P.V.I.'s; P.I's half stations; high and low points; vertical curve information; and pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing ground at the left and right of right-of-way lines shall be shown. Existing found property corners (e.g., iron pins) along the existing right-of-way shall be shown on the plans. Profiles for existing and proposed storm drain mains and laterals shall be provided. Channel plan and profile drawings shall include existing channel centerline, existing left and right top of channel bank, proposed top of channel backs, and 100 year water surface profile. Preliminary roadway and/or channel cross-sections will be developed, from the survey notes, at intervals not-to-exceed 50 foot along the project length and will extend 10 foot past the right of way line on both sides of the street. Additional cross-sections at important features including driveways, P.I.'s of intersecting streets, (minimum distance of 100 foot along cross-street at each P.I.) walks, retaining walls, etc., will also be provided. Profiles of centerline of driveways will also be provided where necessary. Scale will be 1” = 20’ horizontal and 1” = 2’ vertical. Excavation and embankment volumes and end area computations shall also be provided. City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 9 of 22 Develop a traffic control plan utilizing standard traffic reroute configurations posted as “Typicals” on the CITY’s BIM 360 website. The typicals need not be sealed individually, if included in the sealed contract documents. Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. Erosion control plan to show recommended BMPs for construction to be included in the SWPPP prepared by the Contractor. Note, the plan is what ENGINEER believes will be necessary based on pre-construction conditions. SWPPP implementation and maintenance is to be the responsibility of the Contractor. 3.2. Geotechnical Investigation/Pavement Design Review provided soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2005. The study shall include recommendations regarding utility trenching and identifying existing groundwater elevation at each boring. 3.3 Constructability Review Prior to the 60 percent review meeting with the CITY, ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. ENGINEER shall summarize the CITY’s comments from the field visit and submit this information to the CITY in writing. 3.4 Public Meeting After the preliminary plans have been reviewed and approved by the CITY, ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. ENGINEER shall coordinate with CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. 3.5 Utility Clearance ENGINEER will consult with the CITY’s Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in BIM 360 for forwarding to all City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 10 of 22 utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. 3.6 ENGINEER shall submit traffic control plan sheets to be included with the preliminary design drawings. 3.7 ENGINEER shall perform a constructability review and submit a final design opinion of probable construction cost with the final design plans submitted. This estimate shall use ONLY standard CITY bid items. 3.8 ENGINEER will update the Risk Register document to account for changes/ advancements in the project. ASSUMPTIONS All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. Geotechnical Data provided by FNI. Pavement recommendations will be provided based on the provided bore data. Traffic Control “Typicals” will be utilized to the extent possible. It is assumed an additional 4 project specific traffic control sheets will be developed. A copy of the geotechnical report will be uploaded to the designated project folder in BIM 360. DWF & PDF files created from design CAD drawings will be uploaded to the designated project folder in BIM 360. PDF half size construction drawings will be uploaded for review. All submitted documents and checklists will also be uploaded to the designated project folder in BIM 360. ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings B. Drainage Study Checklist C. Utility Clearance drawings D. Geotechnical Report for Pavement Recommendation E. Documentation of key design decisions (Project Decision Log) F. Estimates of probable construction cost G. Public Meeting exhibits H. Traffic Control Plans I. Risk Register Document City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 11 of 22 TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS 100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: Final draft construction plans and specifications including iSWM Construction Plan shall be submitted to CITY per the approved Project Schedule. Drainage Study Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. ENGINEER shall submit a final design estimate of probable construction cost with the final design plans submitted. This estimate shall use ONLY standard CITY bid items. Following a 90% construction plan review meeting with the CITY, ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by ENGINEER registered in State of Texas. After the final plans have been reviewed and approved by the CITY, ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. ENGINEER shall coordinate with CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. ENGINEER will update the Risk Register document to account for changes/advancements in the project. ENGINEER will attend 90% public meeting. ASSUMPTIONS All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. CITY standard specifications will used for all standard bid items. Non-standard specifications will be provided by ENGINEER. City of Lake Worth water and sanitary sewer details and specification will be used as appropriate. City of Fort Worth standard details and specifications will be used to supplement water and sanitary sewer design, as required. CITY will provide front end contract documents to be used for the project. DWF and PDF files for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. Three (3) full size 22”x34” drawings and one (1) specifications book will be delivered for the 100% design. DWF and PDF files for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. Estimated Final Sheet List City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 12 of 22 1. Cover Sheet 2. General Notes 3. Project Control Sheet 4. Overall Easement Layout 5. SUE Plan (2 sheets) 6. Water Layout per Lake Worth standards 7. Sanitary Sewer Layout per Lake Worth standards 8. Water Plan & Profile per Lake Worth standards 9. Sanitary Sewer Plan & Profile (2 sheets) per Lake Worth standards 10. Water Construction Details (2 sheets) per Lake Worth standards 11. Sanitary Sewer Construction Details (2 sheets) per Lake Worth standards 12. Overall Drainage Area Map 13. Project Drainage Area Map 14. Culvert Plan & Profile 15. Channel Plan & Profile 16. Channel Cross Sections 17. Storm Drain Plan & Profile (2 sheets) 18. Storm Drain City Standard Construction Details (3 sheets) 19. Contech Con/Span Culvert Construction Details (2 sheets) 20. Retaining Wall Structural Details 21. Headwall Structural Details 22. Comanche Trail Plan & Profile (1 sheet) 23. Roadway Cross Sections 24. Street Light Plan (1 sheet) 25. Street Light Details (2 sheets) 26. Traffic Control Plan (4 sheets) 27. Traffic Control Details (4 sheets) 28. Erosion Control Plan 29. Erosion Control Details (2 sheets) DELIVERABLES A. 90% construction plans specifications. City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 13 of 22 B. Public Meeting Exhibits C. 100% construction plans and specifications. D. Drainage Study Checklist E. Documentation of key design decisions (Project Decision Log). F. Detailed estimates of probable construction cost for the authorized construction project, including summaries of bid items and quantities using the CITY’s standard bid items and format. G. Risk Register Document TASK 5. BID PHASE SERVICES. (Time and Materials) ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support ENGINEER shall upload all plans and contract documents onto BIM 360 for access to potential bidders. o Contract documents shall be uploaded in a .xls file. o Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. o Plan Sets are to be uploaded to BIM 360 in two formats, PDF and DWF files. The PDF will consist of one file of the entire plan set. The DWF will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. ENGINEER shall sell contract documents and maintain a plan holders list on BIM 360 from documents sold and from Contractor’s uploaded Plan Holder Registrations in BIM 360. ENGINEER will develop and implement procedures for receiving and answering bidders’ questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project’s BIM 360 folder titled Request for Information. ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. ENGINEER shall upload all approved addenda onto BIM 360 and mail addenda to all plan holders. ENGINEER will attend the prebid conference in support of the CITY. ENGINEER will assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 14 of 22 When substitution prior to award of contracts is allowed in the contract documents, ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. ENGINEER will attend the bid opening in support of the CITY. ENGINEER will tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project’s Bid Results folder on BIM 360. ENGINEER will assist the CITY with assembling and awarding contracts for construction, materials, equipment, and services. ENGINEER will incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings Final Design Drawings shall be submitted as an Adobe Acrobat PDF format version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file (created from CAD application of drawing) for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I.TPW file name example – “W-1956_org47.pdf” where “W-1956” is the assigned file number obtained from the CITY, “_org” designating the file is of an original plan set, “47” shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II.Water and Sewer file name example – “X-35667_org36.pdf” where “X- 35667” is the assigned file number obtained from the CITY, “_org” designating the file is of an original plan set, “36” shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project’s Record Drawing folder in BIM 360. In addition to the PDF and DWF files, ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: I.TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name – “W-1956_SHT01.dwg”, “W- 1956_SHT02.dwg”, etc. City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 15 of 22 II.Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name – “X- 12155_SHT01.dwg”, “X-12755_SHT02.dwg”, etc. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS The project will be bid only once and awarded to one contractor. Five (5) sets of construction documents will be sold to and made available on BIM 360 for plan holders and/or given to plan viewing rooms. Five (5) sets of construction documents will be printed and made available for purchase by plan holders and/or given to plan viewing rooms. Three (3) sets of full size plans and specifications (conformed, if applicable) will be delivered to the CITY. PDF, DWF, and DWG files will be uploaded to BIM 360. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) E. CFW Data Spreadsheet TASK 6. CONSTRUCTION PHASE SERVICES (Time & Materials) ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support ENGINEER shall attend the preconstruction conference. After the pre-construction conference, ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. ENGINEER shall review non-standard shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 16 of 22 construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in BIM 360. As requested by the CITY, ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. ENGINEER shall attend the “Final” project walk through and assist with preparation of final punch list. 6.2 Record Drawings ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from the Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. The following disclaimer shall be included with the Record Drawing stamp: These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the mylars. Record Drawings shall also be submitted as an Adobe Acrobat PDF format version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 17 of 22 plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example – “W-1956_org47.pdf” where “W-1956” is the assigned file number obtained from the CITY, “_org” designating the file is of an original plan set, “47” shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example – “X-35667_org36.pdf” where “X- 35667” is the assigned file number obtained from the CITY, “_org” designating the file is of an original plan set, “36” shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project’s Record Drawing folder in BIM 360. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS Six (6) site visits are assumed. Ten (10) submittal reviews are assumed. Ten (10) RFI’s are assumed. One (1) Change Order is assumed. One (1) copy of full size (22”x34”) mylars will be delivered to the CITY. DELIVERABLES A. Public meeting exhibits B. Response to Contractor’s Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items F. Record Drawings TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and easements as outlined below, per scoping direction and guidance from the CITY’s Project Manager. City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 18 of 22 7.1. Right-of-Way Research ENGINEER shall determine rights-of-way and easement needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2 Right-of-Way/Easement Preparation and Submittal. ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. The documentation shall be provided in conformance with the checklists and templates available on the CITY’s BIM 360 site. 7.3 Temporary Right of Entry Preparation and Submittal Prior to construction, ENGINEER shall prepare, mail and obtain Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. The documentation shall be provided in conformance with the checklists and templates available on the CITY’s BIM 360 site. ASSUMPTIONS Based on Jump Start efforts Right-of-Way research includes review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. A total of up to three (3) easements and one (1) rights of entry are anticipated for this project, including one (1) drainage easement, one (1) W/SS easement for City of Lake Worth utilities, and one right-of-way dedication on the north side of Comanche Trail. DELIVERABLES A. Right-of-Way, easement exhibits, and metes and bounds provided on CITY forms. B. Temporary Right of Entry Letters. TASK 8. SURVEY. ENGINEER will provide survey support as follows. 8.1 Design Survey as needed to supplement Jump Start (assumed two [2] working days in field). Evaluate survey provided from FNI City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 19 of 22 ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, utilities as required by the SUE, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. The minimum survey information to be provided on the plans shall include the following: o A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. o The following information about each Control Point: a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8” Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). 8.2. Temporary Right of Entry Preparation and Submittal Prior to entering property for field survey, the ENGINEER shall prepare, mail and obtain Temporary Right of Entry from landowners. The documentation shall be provided in conformance with the checklists and templates available on the CITY’s BIM 360 site. TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 9.1. Storm Water Pollution Prevention Plan For projects that disturb an area greater than one (1) acre, the contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan SWPPP) with appropriate regulatory agencies. ENGINEER will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction with will be incorporated into the SWPPP by the contractor. 9.2. Environmental Services The proposed project would include the assessment of impacts associated with the placement of fill in jurisdictional waters. The USACE Fort Worth District requires a pre-construction notification for the use of a Nationwide Permit 14 NWP 14) for Linear Transportation Project. City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 20 of 22 ENGINEER will prepare a pre-application meeting request to set up a project meeting with the USACE to discuss the project before submitting a pre-construction notification (PCN). The pre-application meeting request will include the required exhibits, conceptual site plans, and jurisdictional delineation. Following the pre-application meeting, a PCN will be submitted to the USACE pursuant to Section 404 (b)(1) of the Clean Water Act for use of NWP 14. The PCN will include the jurisdictional delineation with project drawings and appropriate exhibits. Supplemental information required for submittal includes a cultural resources analysis (not included in this scope of work) and endangered species habitat assessment (not included int his scope of work). One round of revisions in response to comments are included in the fee. An Additional Services Request will be required if the USACE requires an alternative analysis to support project design is the Least Environmentally Damaging and Practicable Alternative (LEDPA). 9.3. Floodplain Services Hydraulic Modeling - Prepare updated hydraulic modeling using the latest version of HEC RAS and based on the preliminary hydraulic model prepared for the project and additionally incorporating the development of the roadway design, specifically including the extents of embankment. This task will work to identify and resolve design issues related to achieving the desired no adverse impact determination. Floodplain Development Permit - For the floodplain changes due to the proposed roadway and culvert construction, prepare and submit a floodplain development permit in accordance with the City of Fort Worth requirements and respond to requests for additional information in accordance with City criteria. This scope item includes the following services: a. Floodplain Permit Application Preparation, b. Hydraulic Data Reports and Cross Sections, c. Excel Comparison Table, and d. Floodplain Comparison Profile. Floodplain Study Report - Prepare a floodplain study report to accompany the floodplain development permit. The report will contain a narrative of the project description, background, study limits, mapping, hydrology, hydraulics, results, regulatory compliance, and references. Additionally, the report will contain the calculations and results prepared with the study. Exclusions The following items are specifically excluded from this scope of services: a. Letter of Map Revision (LOMR) b. Conditional Letter of Map Revision (CLOMR) c. Army Corps of Engineers Section 404 Permitting d. Sediment transport analysis City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 21 of 22 9.4. City Forestry Permit Attend a Site Visit with the City Forester to identify trees that will be removed with the proposed improvements and determine whether or not mitigation for said trees will be necessary. Develop tree mitigation plans in accordance with the City of Fort Worth Urban Forestry requirements. Plans will indicate where existing plant materials shall be preserved based on the approved site and grading plan. Separate submittals will be made for both general Urban Forestry and Urban Forestry related to city- owned property. ASSUMPTIONS Permit preparation will begin after approval of the Conceptual Design. Three (3) meetings are assumed with the City’s Floodplain Department for the Floodplain Development permit. Two (2) meetings are assumed with the City Forester for the City Forestry Permit. DELIVERABLES A. Floodplain Development Permit B. City Forestry Permit TASK 10. PLAN SUBMITTAL CHECKLISTS ENGINEER shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Attachment “A” Type Traffic Signal Submit All @ 30%) Storm Water 30% Storm Water 60% Street Lights Submit All @ 30% Water Sewer Submit All @ 60%) Traffic Engineering Submit All @ 60%) Traffic Control 30% Traffic Control 60% Traffic Control 90% Required for all work in City ROW Street X X X X X* X X X X Storm Water X X X X X Water / Sewer X X X X If included in street project ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above; however, ENGINEER can provide these services, if needed, upon the CITY’s written request. Any additional amounts paid to ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: Negotiation of easements or property acquisition. City of Fort Worth, Texas Comanche Trail HROM Attachment A City Project Number 103396 PMO Release Date: 07/23/2012 Page 22 of 22 Services related to development of the CITY’s project financing and/or budget. Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. Construction management and inspection services Performance of materials testing or specialty testing services. Services necessary due to the default of the Contractor. Services related to damages caused by fire, flood, earthquake or other acts of God. Services related to warranty claims, enforcement and inspection after final completion. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Comanche Trail HROM Attachment B City Project Number 103396 PMO Official Release Date: 8.09.2012 Page 1 of 4 B-1 Design Services for Comanche Trail Hazardous Road Overtopping Mitigation Project City Project No. 103396 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i.Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER’s team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. ii.Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii.Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv.Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. See Attached Schedule of Representative Rates Sheet ATTACHMENT B COMPENSATION City of Fort Worth, Texas Comanche Trail HROM Attachment B City Project Number 103396 PMO Official Release Date: 8.09.2012 Page 2 of 4 B-2 When any budget has been increased, ENGINEER’s excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Comanche Trail HROM Attachment B City Project Number 103396 PMO Official Release Date: 8.09.2012 Page 3 of 4 B-3 IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Pape-Dawson Engineers, Inc Prime Consultant $ 454,485 89.88 Proposed MBE/SBE Sub-Consultants JQ Infrastructure Structural Engineering $ 30,000 5.93 Alliance Geotech Group Geotechnical Engineering $ 7,500 1.48 Non-MBE/SBE Consultants Steve Eubanks Engineering Constructability Review $ 6,200 1.23 McKim & Creed Subsurface Utility Engineering $ 7,500 1.48 TOTAL $_505,685.00 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE Comanche Trail Hazardous Roadway Overtopping Mitigation Project CPN: 103396 505,685.00 $___37,500_ _7.42% City MBE/SBE Goal = 6% Consultant Committed Goal = 6 % EXHIBIT “B-1” ENGINEER INVOICE Supplement to Attachment B) City of Fort Worth, Texas Comanche Trail HROM Attachment B City Project Number 103396 PMO Official Release Date: 8.09.2012 Page 4 of 4 B-4 Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. SCHEDULE OF REPRESENTATIVE RATES Effective March 1, 2020 Classification Hourly Charge Rate* Senior Officers $225.00 – $390.00 Senior Project Manager / Design Leader / Principal Engineer $190.00 – $350.00 Project Manager / Senior Project Engineer $150.00 – $260.00 Project Engineer $125.00 – $190.00 Survey Manager / Geospatial Manager $130.00 – $300.00 Project Surveyor $150.00 – $215.00 Assistant Project Manager $125.00 – $180.00 Designer / E.I.T. $65.00 – $180.00 GIS Manager / Analyst $80.00 – $210.00 Senior Environmental Scientist / Geologist / Archaeologist $125.00 – $210.00 Project Environmental Scientist / Geologist / Archaeologist $75.00 – $170.00 Staff Environmental Scientist / Geologist / Archaeologist $55.00 – $125.00 Project Coordinator / Planner $70.00 – $240.00 Technician $55.00 – $165.00 Administrative Assistant $60.00 – $170.00 Operations / Clerical $50.00 – $110.00 Survey Crew (4 person) with equipment $285.00 Survey Crew (3 person) with equipment $230.00 Survey Crew (2 person) with equipment $175.00 LiDAR Mapping $600.00 / Hr. Aerial Photogrammetry $200.00 / Hr. Total Station / Data Collector $12.50 GPS $30.00 Ranges are shown for some employee classifications due to varying rates of individuals performing work. Comanche Trail HROM City Project Number 103396 Attachment B- Level of Effort City of Fort Worth HROM - Site 25 Comanche Trail Pape Dawson Labor Fee (hours) Pa e Dawson Non-Labor Subconsultant Fee Task Description Survey Survey Total Labor Total w/ JQ Alliance Total w/ Total Non Labor Task No. VP (qA/qC) Project Manager Project Engineer EI7 Tech. Crew Administrative Total Hours LOMR Fees in Multi lier Infrastructure Steve Eubanks McKim R Creed Geotech Multi lier Task Sub Total Cost Repro Travel p023(post• Cost Rate $340 $265 $215 $125 $150 $275 $95 �.1 Structural Constructibility SUE Geotech q,� 1.0 Pro'ect Management 7 100 26 78 0 0 24 235 $46,500 $0 $400 $0 $440 $0 $0 $0 $0 $0 $440 $46,940 1.1 Mana in the Team 1.1.1 Lead, mana e and direct desi n team activities 6 6 $1,590 $0 $0 $0 $1,590 1.12 Ensure ualit control is racticed in erformance of the work 2 8 10 $2,800 $0 $0 $0 $2,800 1.1.3 Communicate internall amon team members 6 6 6 18 $3,630 $0 $0 $0 $3,630 1.1 A Conduct monthl team meetin s 8 8 8 24 $4,840 $0 $0 $0 $4,840 1.1.5 Task and allocate team resources 2 8 10 $2,800 $0 $0 $0 $2,800 12 Communications and Re ortln 12.1 Attend a pre-design project kickoff with COFW 2 2 2 2 8 $1,890 $200 $220 $0 $220 $2,110 L22 Conduct and document monthly pro ect update meetings with COFW PM 6 6 12 $2,340 $0 $0 $0 $2,340 L2.3 Conduct review meetin s with COFW at the end of each desi n hase 8 8 8 24 $4,840 $200 $220 $0 $220 $5,060 12.4 Prepareinvoices 8 12 20 $3,260 $0 $0 $0 $3,260 125 Pre are and submit monthl ro ress reports to the COFW 6 6 12 $2,160 $0 $0 $0 $2,160 1.2.6 Prepare and submit baseline Pro ect Schedule 1 2 2 2 7 $1,550 $0 $0 $0 $1,550 127 Submit monthl Pro'ect Schedule u dates 6 6 12 $2,340 $0 $0 $0 $2,340 Complete Monthly M/WBE Report Form and Final Summary Payment Report Form and the end 6 6 12 $2,160 $0 $0 $0 $2,160 12.8 of the project L29 Coordinate with agencies and provide and obtain information needed 12 24 36 $6,180 $0 $0 $0 $6,180 12.10 Communicate with permittin authorities 8 16 24 $4,120 $0 $0 $0 $4,120 2.0 Conceptual Design 4 26 68 122 0 0 0 220 $38,120 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $38,120 2.1 Review Draina e Com utaions and Modelin 2 12 24 38 $6,110 $0 $0 $0 $6,110 22 Subsurface Utilit En ineerin Review 2 4 4 10 $1,890 $0 $0 $0 $1,890 2A Create Conce tual Desi n Packa e 2.4.1 Coversheetand eneralnotes 1 2 8 11 $1,695 $0 $0 $0 $1,695 2.42 Com lete conce tual iSWM checkiist 1 2 6 9 $1,445 $0 $0 $0 $1,445 2.4.3 Create draina e area ma 2 8 12 22 $3,750 $0 $0 $0 $3,750 24.4 Desi n horizontal ali nment Road, Culvert, Water, Sanita Sewer 2 12 24 38 $6,110 $0 $0 $0 $6,110 2.4.5 Create la out sheets 4 12 24 40 $6,640 $0 $0 $0 $6,640 2.4.6 Conce tual level rofiles Culvert 2 8 12 22 $3,750 $0 $0 $0 $3,750 2.4.7 Estimate of robable construction cost 2 4 8 14 $2,390 $0 $0 $0 $2,390 2.5 Schematic Desi n Packa e Review Letter 2 4 6 $1,740 $0 $0 $0 $1,740 2.7 U date Risk Re ister 2 4 4 10 $2,600 $0 $0 $0 $2,600 3.0 Prelimina Desi n 4 47 106 259 0 0 0 416 $68,980 $200 $0 $0 $220 $70,000 $1,500 $7,500 $7,500 $29,150 $29,370 $98,350 3.1 Prepare preliminary desi n drawin s 3.1.1 Incorporate COFW and COLW comments from conce tual desi n 4 12 36 52 $8,140 $0 $0 $0 $8,140 3.12 Create project control sheet 2 8 16 26 $4,250 $0 $0 $0 $4,250 3.1.3 Create project easement layout sheets 2 4 16 22 $3,390 $0 $0 $0 $3,390 3.1.4 Additional SUE Quality Level "A" &"B" 1 1 2 $390 $0 $7,500 $8,250 $8,250 $8,640 3.1.5 Create detail sheets 4 8 36 48 $7,280 $0 $0 $0 $7,280 3.1.6 Complete preliminary iSWM checklist 2 4 8 14 $2,390 $0 $0 $0 $2,390 3.17 Design plan and profile drawin s a Drainage 4 8 24 36 $5,780 $0 $10,000 $11,000 $11,000 $16,780 b Roadway 2 8 12 22 $3,750 $0 $0 $0 $3,750 c Water 2 8 16 26 $4,250 $0 $0 $0 $4,250 d Sewer 2 8 16 26 $4,250 $0 $0 $0 $4,250 3.17 Estimate of robable construction cost 1 4 8 13 $2,125 $0 $0 $0 $2,125 32 Geotechnical Investigation/Pavement Desi n 1 2 2 5 $945 $0 $7,500 $8,250 $8,250 $9,195 3.3 Constructability Review 3.3.1 Schedule and attend project site visit with COFW PM and constuction personnel 4 4 6 14 $2,670 $0 $0 $0 $2,670 3.32 Summarize city comments from field and submit to the COFW in writing 2 4 6 $1,030 $0 $0 $0 $1,030 3.4 Public Meeting with LW and FW 4 4 8 16 $2,920 $0 $0 $0 $2,920 3.5 Consult with the City Departments for Utility Clearance 2 2 4 $780 $0 $0 $0 $780 3.6 Create Traffic Control Plan 2 8 24 34 $5,250 $0 $0 $0 $5,250 37 Conduct Constructibilit Review and OPCC 2 4 16 22 $3,390 $0 $1,500 $1,650 $1,650 $5,040 3.8 U date Risk Re ister 2 2 4 8 $2,070 $0 $0 $0 $2,070 3.9 Pre are Preliminar Desi n Submittal 2 2 8 8 20 $3,930 $200 $220 $0 $220 $4,150 4.0 Final Design and FinalConstruction Documents 10 46 80 180 0 0 0 316 $55,290 $400 $0 $0 $440 $15,000 $3,800 $0 $0 $20,680 $21,120 $76,410 4.1 Submit 90 % construction plans and specifiations 4.1.1 Incorporate city comments from preliminary design 4 12 36 52 $8,140 $0 $0 $0 $8,140 4.12 Estimate of 90 % robable construction cost 4 8 16 28 $4,780 $0 $0 $0 $4,780 4.1.3 Com lete Final iSWM Checklist 2 4 8 14 $2,390 $0 $0 $0 $2,390 4.1.4 Conduct Constructibilit Review and Incor orate Comments 4 8 16 28 $4,780 $0 $1,500 $1,650 $1,650 $6,430 4.1.5 Pre are and submit 90% lans and s ecification 2 4 4 16 26 $4,600 $200 $220 $5,000 $5,500 $5,720 $1Q320 42 Attend a 90 % construction plan review meeting with the COFW 2 4 4 4 14 $3,100 $0 $0 $0 $3,100 4.3 Public Meeting 2 4 4 8 18 $3,600 $0 $0 $0 $3,600 4.4 Submit final bid plans and specifiations 4.4.1 Incorporate city comments from 90 % design 4 12 32 48 $7,640 $0 $0 $0 $7,640 4.42 Conduct Final Constructibility Review 2 8 16 26 $4,250 $0 $1,500 $1,650 $1,650 $5,900 4.4.3 Estimate of final robable construction cost 2 4 8 14 $2,390 $0 $800 $880 $880 $3,270 4.4.4 Pre are and submit final si ned/sealed bid documents 4 12 12 20 48 $9,620 $200 $220 $10,000 $11,000 $11,220 $20,840 Comanche Trail HROM Page 1/2 City Project Number 103396 Attachment B- Level of Effort City of Fort Worth HROM - Site 25 Comanche Trail Pape Dawson Labor Fee (hours) Pa e Dawson Non•Labor Subconsultant Fee Task Description Survey Survey Total Labor Total w/ JQ Alliance Total w/ Total Non Labor Task Na. VP (qA/qC) Project Manager Project Engineer EI7 Tech. Crew Administrative Total Hours LOMR Fees in Multi lier Infrastructure Steve Eubanks McKim R Creed Geotech Multi lier Task Sub Total Cost Repro Travel p023 (post• Cost Rate $340 $265 $215 $125 $150 $275 $95 �.1 Structural Constructibility SUE Geotech q,� 5.0 Bid Phase Services T&M 4 20 46 68 0 0 0 138 $25,050 $500 $200 $0 $770 $0 $0 $0 $0 $0 $770 $25,820 5.1 Bid Support $0 5.1.1 Attend the bid openin 4 4 6 14 $2,670 $200 $220 $0 $220 $2,890 5.12 Tabulate and review all bids received 2 4 6 12 $2,140 $0 $0 $0 $2,140 5.1.3 Assist the COFW with assembling and awardin contracts for constroction 4 6 8 18 $3,350 $0 $0 $0 $3,350 5.1.4 Incorporate all addenda into the contract documents and issue conformed sets 2 8 24 32 66 $11,960 $0 $0 $0 $11,960 52 Final Design Drawings $0 52.1 Prepare and submit drawin s 2 2 8 16 28 $4,930 $500 $550 $0 $550 $5,480 6.0 Construction Phase Services�T&M) 2 52 78 134 0 0 0 266 $47,980 $500 $400 $0 $990 $5,000 $900 $0 $0 $6,490 $7,480 $55,460 6.1 Construction Sup art 6.1.1 Attend preconstuction conference and initial site visit 4 4 6 14 $2,670 $200 $220 $0 $220 $2,890 6.12 Review sho drawings and other submittals 16 24 32 72 $13,400 $0 $5,000 $900 $6,490 $6,490 $19,890 6.1.3 Provide necessary interpretations and clarifications of contract documents 12 12 24 48 $8,760 $0 $0 $0 $8,760 6.1.4 Attend the "Final" ro'ect walk throu h and assist with re ation of final unch list 8 8 16 32 $5,840 $200 $220 $0 $220 $6,060 6.2 Record Drawings $0 62.1 Prepare record drawin s 8 16 32 56 $9,560 $0 $0 $0 $9,560 6.22 Modify final drewings electronically 2 6 8 16 $2,820 $0 $0 $0 $2,820 62.3 Prepare and submit a set of sealed final drawin s 2 2 8 16 28 $4,930 $500 $550 $0 $550 $5,480 7.0 ROW/Easement Services 0 7 0 0 20 10 0 37 $7,605 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $7,605 7.1 ROW Reasearch 4 4 8 $1,660 $0 $0 $0 $1,660 72 ROW/Easement Preparation and Submittal 1 12 10 23 $4,815 $0 $0 $0 $4,815 7.3 Temporary Right of Entry Preparation and Submittal 2 4 6 $1,130 $0 $0 $0 $1,130 8.0 Survey(T&M) 1 4 0 0 24 32 0 61 $13,800 $100 $0 $0 $110 $0 $0 $0 $0 $0 $110 $13,910 8.1 Perform Su lemental Surve 16 32 48 S11,200 $0 $0 $0 $11,200 82 Tem ora Ri ht of Ent Pre aration and Submittal 1 4 8 13 $2,600 $100 $110 $0 $110 $2,710 9.0 Permitting�T&M) 42 128 190 332 0 0 16 708 $132,070 $0 $0 $10,000 $11,000 $0 $0 $0 $0 $0 $11,000 $143,070 9.1 SWPPP 2 4 8 24 38 $6,460 $0 $0 $0 $6,460 9.2 USACE Nationwide Permit with PCN 82.1 Com lete all forms/a lications necessar 8 28 24 40 8 108 $21,060 $0 $0 $0 $21,060 8.22 Pre are and submit forms/a lications for CITY review 8 12 16 24 2 62 $12,530 $0 $0 $0 $12,530 82.3 Pre are and submit revised forms for a enc review 8 16 16 24 2 66 $13,590 $0 $0 $0 $13,590 8.3.3 Res ond to a enc comments and re uests 8 24 24 36 4 96 $19,120 $0 $0 $0 $19,120 9.3 Flood lain Services/LOMR 8.2.1 Com lete necessa forms/a lications 16 32 72 120 $20,120 $0 $0 $0 $20,120 822 Pre are and submit forms/a lications for CITY review 4 8 18 36 66 $11,850 $0 $0 $0 $11,850 82.3 Pre are and submit revised forms for a enc review 8 24 36 68 $11,780 $10,000 $11,000 $0 $11,000 $22,780 82.4 Res ond to a enc comments and re uests 2 4 12 20 38 $6,820 $0 $0 $0 $6,820 9.4 Ciry Forestry Permit 2 8 16 20 46 $8,740 $0 $0 $0 $8,740 Totals 74 430 594 1,173 44 42 40 2,397 $435,395 $1,700 $1,000 $10,000 $13,970 $30,000 $6,200 $7,500 $7,500 $56,320 $70,290 $505,685 Project Summary Total Hours 2,397 TotalLabor $435,395 TotalExpense $13,970 MBE/SBE Subconsultant $37,500 Non-MBE/SBE Subconsultants $13,700 10% SubMarkup $5,120 MBE/SBEParticipation 7A2% Total Project Cost $505,685 Comanche Trail HROM City Project Number 103396 Page 2/2 City of Fort Worth, Texas Comanche Trail HROM Attachment C City Project Number 103396 PMO Release Date: 05.19.2010 Page 1 of 1 ATTACHMENT “C” CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Professional Engineering Services for Comanche Trail Hazardous Road Overtopping Mitigation Project City Project No. 103396 Article III – Replace the entire paragraph with “Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Engineer agrees to exercise diligence in the performance of its services consistent with the schedule, subject, however, to the exercise of the standard of care set out in Article IV(B) herein for the performance of such services.” Article VI, Item J – Remove the word “defend,” from the last sentence in paragraph Attachment D f�i7 Q 0 0 0 0 0 0 0 0 m m m m � m m m � � m m m m � m m Task Q' Mode � �!° �; � ! � � � � � � � ! � � � � � � � � ! � � � � � �, Task Name Notice To Proceed 1.0 Project Management 1.1 Managing the Team 1.2 Communication and Reporting Design 2.0 Conceptual Design Review Drainage Computations and Modeling Subsurface Utility Engineering Review Create Conceptual Design Package City of Fort Worth Review Conceptual Design Review Meeting 3.0 Preliminary Design Incorporate Review Comments Prepare Preliminary Design Package Constructibility Review/Site Visit Public Meeting City of Fort Worth Review Preliminary Design Review Meeting 4.0 Final Design and Final Construction Documents Incorporate Review Comments Prepare 90% Design Package Complete final iSWM Checklist Public Meeting City of Fort Worth Review Incorporate Review Comments Prepare Final signed/sealed bid documents Project: ProjectSchedule_20210 Date: Thu 9/9/21 Task Split Milestone Summary Comanche Trail Hazardous Roadway Overtopping Mitigation Project City Project No. 103396 Duration Start IFinish Predecessors IZ1 I Qtr4, 2021 0 days 260 days 52 wks 52 wks 160 days 40 days 10 days 5 days 25 days 10 days 0 days 55 days 10 days 35 days 5 days 0 days 10 days 0 days 65 days 10 days 25 days 0 days 0 days 10 days 10 days 10 days Mon 9/20/21 Mon 9/20/21 Mon 9/20/29 Fri 9/23/22 Mon 9/20/21 Fri 9/23/22 1 Mon 9/20/21 Fri 9/23/22 1 Mon 9/20/2] Fri 5/6/22 Mon 9/20/29 Fri 11/12/21 Mon 9/20/21 Fri 10/1/21 1 Mon 9/20/21 Fri 9/24/21 1 Mon 9/27/21 Fri 10/29/21 8 Mon 11/1/21 Fri 11/12/21 9 Fri 11/12/21 Fri 11/12/21 10 Mon 11/15/: Fri 2/4/22 Mon 11/15/2Tue 11/30/2]11 Wed 12/1/21 Fri 1/21/22 13 Mon 1/10/22 Fri 1/14/22 14FF-5 days Fri 1/21/22 Fri 1/21/22 15FS+5 days Mon 1/24/22 Fri 2/4/22 14 Fri 2/4/22 Fri 2/4/22 17 Mon 2/7/22 Fri 5/6/22 Mon 2/7/22 Fri 2/18/22 18 Mon 2/21/22 Fri 3/25/22 20 Fri 3/25/22 Fri 3/25/22 21 Fri 4/1/22 Fri 4/1/22 21FS+5 days Mon 3/28/22 Fri 4/8/22 21 Mon 4/11/22 Fri 4/22/22 24 Mon 4/25/22 Fri 5/6/22 25 Project Summary [ Inactive Task ♦ Inactive Milestone Inactive Summary f Manual Task � � Duration-only Manual Summary Rollup Manual Summary 9/20 n u 1 Start-only Finish-only External Tasks External Milestone Page 1 Qtr 1, Ma Qtr 2, �-„��2 _ � 1 -. ,�2� _ _ 2/4 1 �I3/25 � 4/1 � _ C ] Deadline Progress Manual Progress �► 08/03/2021 Qtr 3, Qtr 4, Comanche Trail HROM City Project Number 103396 HIAWATHA TRLBASSSEQUOIACTKATIEJOYCEC T AZLE AVECARIBOU TRLR E N C H R D LO TUS TR L EFFIE MORRIS DR MALTA DR EDGEMERE PL MERRETTDRCHARBONNEAU TRL STRAWN LNTEJASTRLCOMANCHE TRL HODGKINS WELLS DR IH 820CHARBONNEAUDRDAKOTA TRLAPACHETRLNAVAJO TRL SH 1 9 9 CHIPPEWA TRLMARINA D R CADDO TRLMOHAWK TRLTELEPHONE RD DELAWARETRLHURONTRLOSAGE TRL PAWNEE TRLFOSTER DR PUEBLO TRLLAKEWOOD DRSHAWNEE TRL³ COMANCHE TRAILHROMCITY PROJECT NUMBER 103396JRK JRK 70140-00 LOCATION MAPCity of Forth WorthCity of Lake WorthProject Location 0 800400Feet 040,00020, 000 Feet Legend Project Location Fort Worth City Limits Tarrant County limits Streets Legend Project Location Tarrant County limitsUV199 RKHAERIAL IMAGERY PROVIDED BY GOOGLE © UNLESS OTHERWISE NOTED. Imagery ©2021, CAPCOG,Digital Globe,Texas Orthoimagery Program, USDA Farm Service Agency. Sep 2021 THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WASSTOREDAND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL. EXHIBIT F CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS 1) INSURANCE LIMITS a.Commercial General Liability – Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: 1,000,000 each occurrence 2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i.City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii.Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b.Business Auto – Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: 1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of “any auto”, including owned, hired, and non-owned autos, when said vehicle is used in the course of Insured’s business and/or the Project. If Insured owns no vehicles, coverage for hired or non-owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. Comanche Trail HROM City Project Number 103396 CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 c.Workers’ Compensation – Insured shall maintain workers compensation and employer ’s liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident 500,000 disease - policy limit 100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer’s liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d.Professional Liability (Errors & Omissions) – Insured shall maintain professional liability insurance as follows: 1,000,000 - Each Claim Limit 2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. 2) GENERAL INSURANCE REQUIREMENTS a.Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b.Applicable policies shall be endorsed to name City as an Additional Insured , as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured’s insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or Comanche Trail HROM City Project Number 103396 CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured’s liability shall not be limited to the specified amounts of insurance required herein. d.Other than worker’s compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e.A minimum of thirty (30) days’ notice of cancellation or material change in coverage shall be provided to City. A ten (10) days’ notice shall be acceptable in the event of non-payment of premium. f.Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City’s Risk Management division . g.Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h.In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i.City shall be entitled, upon its request and without incurring expense, to review Insured’s insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j.Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincident with or prior to the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. l.City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m.Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City’s request, Insured shall provide City with documentation thereof. Comanche Trail HROM City Project Number 103396 7012316633 02/28/2021 7012316633 02/28/2021 7012316633 02/28/2021 02/28/2021 7012296190 02/28/2021 7012296190 02/28/2021 7012316647 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/10/21 M&C FILE NUMBER: M&C 21-0553 LOG NAME: 20SWM_PAPEDAWSON_COMANCHE_HROM SUBJECT CD 7) Authorize Execution of an Engineering Agreement with Pape-Dawson Engineers, Inc. in the Amount of $505,685.00 for Design of the Comanche Trail Hazardous Road Overtopping Mitigation Project, Adopt Attached Appropriation Ordinance and Amend the Fiscal Years 2021- 2025 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an engineering agreement with Pape-Dawson Engineers, Inc. in the amount of $505,685.00 for design of the Comanche Trail Hazardous Road Overtopping Mitigation project (City Project No. 103396)2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Revenue Bonds 2020 Fund in the amount of $717,165.00 by increasing estimated receipts and appropriations in the Comanche Trail Hazardous Road Overtopping Mitigation project (City Project No. 103396) and decreasing estimated receipts and appropriations in the Quail Road HROM Project (City Project No. 103053) by the same amount and 3. Amend the Fiscal Years 2021-2025 Capital Improvement Program.DISCUSSION: The engineering agreement recommended by this Mayor and Council Communication (M&C) will provide for engineering and design services related to the Comanche Trail Hazardous Road Overtopping Mitigation (HROM) project. The project will mitigate the risk of hazardous road overtopping of Comanche Trail between Malaga Drive and Marina Drive to better protect drivers from road flooding. The 2020 Stormwater Revenue Bond will fund this project.In May 2018, the Transportation and Public Works Department (TPW), Stormwater Management Division, published a Request for Qualifications RFQ) for various engineering consulting services. Based on the results of the RFQ, Pape-Dawson Engineers, Inc. (Pape-Dawson) was selected as the most qualified consultant to design this project and proposes to perform design and engineering services for a fee in the amount of 505, 685.00. The services provided will include designing culvert and roadway improvements for Comanche Trail between Malaga Drive and Marina Drive. This project will increase the number and capacity of the culverts and raise the roadway to improve protection for drivers by passing the 100-year storm under the roadway. The engineer will also prepare plans and specifications for construction and provide services during bidding and construction. Staff considers the fee to be fair and reasonable for the scope of services proposed.Additional funds in the amount of $211,480.00 are requested for project administration and easements. Funding for this project was not included in the Fiscal Years (FY) 2021-2025 Stormwater Capital Improvement Program (CIP) as this site had not been identified as a feasible project.Stormwater revenue bond funds in the amount of $3,200,000.00 were previously appropriated to the Quail Road HROM project (City Project Number 103053) and will be reallocated to this project since more time is required to develop the Quail Road HROM project due to complexities associated with its location. If determined to be feasible, the Quail Road project will be re-programmed for the FY 2023 CIP. The action in this M& C will amend the FY2021-2025 Capital Improvement Program as approved in connection with Ordinance 24446-09-2020 Business Equity – Pape-Dawson Engineers, Inc. is in compliance with the City's Business Equity Ordinance by committing to 7% Business Equity participation on this project. The City's Business Equity goal on this project is 6%.This project is located in COUNCIL DISTRICT 7.FISCAL INFORMATION / CERTIFICATION:The Director of Finance certifies that funds are currently available in the Quail Road HROM project within the Stormwater Rev Bonds 2020 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Stormwater Rev Bonds 2020 Fund for Comanche Trail HROM project to support the approval of the above recommendations and execution of the contract.Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds.Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head:William Johnson 7801 Additional Information Contact:Linda Young 2485