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HomeMy WebLinkAboutContract 58452 CSC No. 58452 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements — Project No. 103305. 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 $391,553.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 OFFICIAL RECORD Page 1 of 15 CITY SECRETARY FT.WORTH,TX original effective date. Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 2 of 15 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 Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 3 of 15 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 Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 4 of 15 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 No. 25165-10-2021 (replacing 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 City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 5 of 15 effect as of the time copying is performed. 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 Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 6 of 15 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 Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 7 of 15 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 Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 8 of 15 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 Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 9 of 15 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 City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 10 of 15 property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 11 of 15 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 (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 12 of 15 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- 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 City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 13 of 15 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: BY: CITY OF FORT WORTH ENGINEER Kim ley-Horn and Associates, Inc. William Johnson(Nov 2,202217:10 GMT+1) J�Lgf ��� __' _ William M. Johnson Assistant City Manager Scott R. Arnold Vice President Date. Nov 12, 2022 �b�4FORT a� °oaro�°a Date: November 9, 2022 ATTEST: 7Gt`LYGBZlP'.� Gj�q�i aka �'EXASoad Jannette S.Goodall(Nov 14,202213:55 CST) Jannette Goodall City Secretary APPROVAL RECOMMENDED: By./'& Lauren L. Prieur, P.E. Interim Director, Transportation and Public Works Department APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-940337 WA By.Dilack(Nov 11,202209:13 CST) Douglas W Black M&C No.: 22-0926 Sr. Assistant City Attorney M&C Date: 11/8/2022 City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 14 of 15 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 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. Shweta Rao, P.E., PM P Professional Engineer OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Standard Agreement for Engineering Related Design Services CPN 103305 Revised Date:November 23,2021 Page 15 of 15 FORT WORTH., ATTACHMENT "A" Scope for Engineering Design Related Services for Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objection of this project is to design intersection improvements to improve operations and safety for vehicular and pedestrian traffic at this intersection. This scope of services has been prepared to design the improvements identified in the attached conceptual layout, dated April 2021. WORK TO BE PERFORMED Task 1. Project Management Task 2. Traffic Analysis Task 3. Conceptual Design (30%) Task 4. Preliminary Design (60%) Task 5. Final Design (90% and 100%) Task 6. Bid Phase Services Task 7. GGR6tr,^+ have Ser%;ses [NOT USED] Task 8. ROW/Easement Services Task 9. Survey and Subsurface Utility Engineering Services Task 10. Permitting Task 11. Quality Control/ Quality Assurance Task 12. Plan Submittal Checklists City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Attachment A CPN 103305 Release Date:07.22.2021 Page 1 of 23 FORT WORTH., 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 /Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 11 for further details. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend a pre-design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Attend one (1) constructability review meeting with CITY representatives, including Transportation Management, at the 60% submittal milestone • 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 monthly design team meetings. • Prepare for and attend one (1) peer review meeting. • Prepare for and attend two (2) TxDOT coordination meetings. • Prepare for and attend up to ten (5) stakeholder meetings. • Prepare for and attend one (2) design Public Meeting. • Conduct QC/QA reviews and document those activities. Refer to Task 11 for further details • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. Multi-month billing is not allowed. Months in which no work is being invoiced shall require submission of a $0.00 invoice. Prepare and submit monthly Project Status Reports in the format provided by the Transportation and Public Works 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 in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. City of Fort Worth,Texas Page 2 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 2 of 23 FORT WORTH., • Prepare and submit a preliminary Project Risk Register, Stakeholder Register and Project Communications Plan. CITY will modify and finalize. Review Project Risk Register periodically with CITY Project Manager and make recommendations to mitigate, accept, or remove risks. • Complete Monthly MWWBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • One (1) pre-design project kickoff/chartering meeting. • One (1) constructability review meeting during design. • Two (2) design Public Meeting. • Five (5) stakeholder meetings. • Two (2) TxDOT coordination meetings. • Eighteen (18) monthly project update meetings during design phase • One (1) peer review meeting. • Three (3) plan review meetings. • Eighteen (18) monthly design team meetings • All submittals to the CITY will be Quality checked prior to submission. • Project design phase is anticipated to take eighteen (18) months. • Eighteen (18) monthly updates of Project Status Reports, MWBE forms, TPBE, Risk Register, and project Schedule. DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule City of Fort Worth,Texas Page 3 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 3 of 23 FORT WORTH., D. Preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan E. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly Project Status Reports G. TPBE spreadsheet updates with milestone submittals and when new cost figures are available H. Plan Submittal Checklists (See Task 12) I. Monthly invoices J. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. TRAFFIC ANALYSIS AND ACCESS MANAGEMENT. The ENGINEER will evaluate the Camp Bowie Boulevard & Bryant Irvin Road intersection during the weekday AM and PM peak hours based on Existing (2022) and Horizon (2042) volume projections at the intersection. The evaluation will consist of the following: 2.1. Data Collection • The ENGINEER will collect two (2) 24-hour machine recording tube counts: • One (1) along Camp Bowie Boulevard and one (1) along Bryant Irvin Road • The ENGINEER will collect up to three (3) weekday AM (7:00—9:00 AM) and PM (4:00 — 6:00 PM) peak hour turning movement counts. The two (2) intersections anticipated to data collection include: • Camp Bowie Boulevard & Bryant Irvin Road • Bryant Irvin Road & Donnelly Avenue • The ENGINEER will conduct field observations at the study intersection during a peak period during which the following will be verified: • Number of lanes on each approach and the required/permitted usage of each lanes • Study roadway speed limits • Current traffic control devices and operations • The ENGINEER shall either obtain crash data from the City for the study intersection or pull crash data from TxDOT's Crash Records Information System (CRIS) over the past five (5) years. The data will be reviewed in an attempt to indemnify any patterns that may be correctible by geometric and traffic operations changes. 2.2. Capacity and Operational Analysis City of Fort Worth,Texas Page 4 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 4 of 23 FORT WORTH., • The ENGINEER will conduct intersection capacity analysis during the AM and PM peak periods at the study intersection. An Existing (2022) analysis will be performed based on data collection in Task 2.1 to provide for a baseline analysis. • The ENGINEER will development Horizon (2042)volume projections based on known developments and infrastructure projects in the area and a mutually agreed upon growth rate with the CITY. • The ENGINEER will conduct intersection capacity analysis during the AM and PM peak periods at the study intersection assuming Horizon (2042) volume projections. 2.3. Alternative Analysis • The ENGINEER will evaluate up to two (2) alternatives at the study intersection. Alternative 1 is presented in Attachment 02B. Alternative 2 will be coordinated with the City to be included in the analysis. 2.4. Traffic Analysis Report • The ENGINEER will summarize the findings of Tasks 2.1, 2.2, 2.3, 2.5, and 2.6 in a memo format for CITY review. The memo will consists a summary of the data collection, level of service comparisons for each alternative evaluated and the means by which the evaluation was conducted. The memo will include subsequent conclusions and recommendations based on the analytical data. 2.5. Traffic Signal Timing and Coordination Timing • The ENGINEER will obtain the existing signal timing from the CITY. Based on the recommended improvements at the intersection, a discussion of the impact to the coordinated timing along Camp Bowie Boulevard will be included. 2.6. Access Management Analysis and Report • The ENGINEER will discuss spacing requirements as outlined in the CITY's Access Management Policy. • The impacts as a result of the proposed recommendations will summarized in Task 2.4. 2.7. Post Construction Operational Study • Once recommendations at the study area intersection have been constructed, the ENGINEER will conduct field observations during a peak hour. • The operational observations will be compared back to the results of the Capacity and Operational Analysis of the recommended improvements. • The ENGINEER will summarize the Post Construction Operational Study comparison in a memo format for CITY review. City of Fort Worth,Texas Page 5 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 5 of 23 FORT WORTH., ASSUMPTIONS • As part of this task, ENGINEER anticipated up to two (2) revisions to be made to the memorandums to be presented on Tasks 2.4 and 2.7. • Additional revisions to the reports shall be considered additional services. DELIVERABLES A. Traffic analysis report B. Post construction operational study TASK 3. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. The scope of services was developed utilizing the attached conceptual layout dated April 2021. 3.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. • Perform a site visit to verify existing conditions. 3.2. Utility Conflict Analysis • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Conceptual Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those City of Fort Worth,Texas Page 6 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 6 of 23 FORT WORTH., conflicts to be included in a Utility Clearance Letter for coordination. The ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in the City's document management system (BIM 360) for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. 3.3. The Conceptual Design Package will consist of the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • Paving Sheets - Existing Conditions and Removals - Eastbound Right Turn Lane Layouts - Westbound Left Turn Lane Layout - Sidewalk and Curb Ramp Layout - Access Management Modifications • Traffic Signal Sheets - Existing Conditions and Removals - Proposed Traffic Signal Pole Layout • Conceptual Storm Drain Modifications Layout • Existing typical sections of the roadway to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. • Conceptual plan and profile sheets showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities, and existing roadway vertical alignments (profiles). • Documentation of key design decisions. • Estimates of probable construction cost. ASSUMPTIONS • All storm water calculations and design shall conform to the CITY current iSWM Criteria Manual for Site Development and Construction. • Three (3) sets of 11"x17" size plans will be delivered for the 30% design. City of Fort Worth,Texas Page 7 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 7 of 23 FORT WORTH., • PDF files created from design CAD drawings will 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 Conceptual Design Package. DELIVERABLES A. Conceptual Design Package B. Utility Conflict Plan PDF and Utility Conflict Table TASK 4. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 4.1. The Preliminary Design Drawings and Specifications will consist of the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Utility Conflict Matrix. • Quantity Summary page and each design sheet shall include a quantity take off table. • Preliminary iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. • General Notes. • Traffic Control Plan including all construction signage and pavement markings which will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally, on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). City of Fort Worth,Texas Page 8 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 8 of 23 FORT WORTH., • Updated existing and proposed typical section sheets. • Paving Sheets - Removal Layout - Eastbound Right Turn Lane - Westbound Left Turn Lane Layout - Channelized Islands - Access Management Modifications - Curb Ramps and Sidewalk • Traffic Signal - Existing Conditions and Removals - Traffic Signal Layout - Traffic Signal Equipment Details - Traffic Signal Summary Charts • Pavement Markings and Signing Removal Layout • Pavement Markings and Signing Layout • Street Lighting Existing Conditions and Removals • Street Lighting Layout and Charts • Applicable City/TxDOT standard details 4.2. Drainage Design • Drainage Area Map ENGINEER will delineate the watershed based on contour data and field verification and document existing street, right-of-way and storm drain capacities for the subject site. A drainage area map will be drawn at maximum 1" = 200' scale from available 2-foot contour data with the contours labeled. Data source and year will be provided by the CITY. Calculations regarding street and right-of-way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Other frequencies as required by iSWM criteria may be appropriate for outfalls and sensitive locations. Capacities of existing storm drain will be calculated and shown. All calculations shall conform to CITY criteria delineated in the CITY's current iSWM Criteria Manual for Site Development and Construction. All locations in the project area where 100-year runoff exceeds available storm drain and right- of-way capacities shall be clearly identified. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. • Prepare drainage calculations City of Fort Worth,Texas Page 9 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 9 of 23 FORT WORTH., • Prepare Storm Drain Modifications and layout sheets - Storm drain modification layout sheets showing location and size of all inlets, manholes, junction boxes, culverts and piping to include storm drain profiles showing existing and proposed flow lines, flows, lengths and slopes of pipe, top of ground profile over pipe and connections to existing or proposed storm sewer systems. 4.3. Utility Adjustments (Minor Adjustments) • ENGINEER will identify utility adjustments required for water and wastewater structures and provide details for adjustments as necessary. 4.4. Documentation of key design decisions. 4.5. Opinion of Probable Construction Cost (OPCC) Because the ENGINEER does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The ENGINEER cannot and does not guarantee that proposals, bids, or actual costs will not vary from its opinions of cost. 4.6. Geotechnical Investigation/Pavement Design • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. • The 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 identify existing groundwater elevation at each boring. 4.7. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 4.8. Utility Clearance City of Fort Worth,Texas Page 10 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 10 of 23 FORT WORTH., • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs Where conflicts cannot be avoided, coordination of Utility Conflicts will be identified at the Conceptual phase and begin at the Preliminary Design phase. In the case of a private Utility Conflict, the ENGINEER shall upload a set of plans in PDF format with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts in BIM 360. The PDF file should be created directly from the CAD files. At each design milestone, the City PM will issue a Utility Clearance Letter to be accompanied by said plans and table to all utility companies which have facilities within the limits of the project for coordination. The ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • ENGINEER to upload all utility As-built plans in BIM 360. ASSUMPTIONS • Three (3) sets of 11"x17" size plans will be delivered for the 60% design for review coordination. • One (1) set of the Project Manual (Contract and Specifications) will be delivered for the 60% design. • The following shall be uploaded to the designated project folder in BIM 360: ■ Single PDF file created from design CAD drawings. ■ The Project Manual (Contract and Specifications) ■ All other submitted documents and checklists • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • One (1) Public Meeting is assumed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications including QC/QA documentation B. Utility Conflict Coordination Package C. Geotechnical Report City of Fort Worth,Texas Page 11 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 11 of 23 FORT WORTH., D. Preliminary Drainage Checklist E. Estimates of probable construction cost F. Public Meeting exhibits TASK 5. 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 (90%) and Project Manual shall be submitted to CITY per the approved Project Schedule. • The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in the Utility Clearance Letter to be issued by the City PM. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • Drainage Study checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. • A Quantity Summary page will be included in both the 90% and 100% design plans. Each design sheet of the plans shall also include a quantity take off table. • The ENGINEER shall submit an OPCC with both the 90% and 100% design packages. This estimate shall use standard CITY or TxDOT bid items, as applicable. ASSUMPTIONS • Three (3) sets of 11"x17" size drawings and one (1) set of the Project Manual will be delivered for the 90% Design package. • A PDF and DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. • One (1) set of 11"x17" size drawings and one (1) set of specifications will be delivered for the 100% Design package. • A PDF and DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. DELIVERABLES A. 90% construction plans and specifications including QC/QA documentation. B. Utility relocation package. C. Final Drainage Checklist D. 100% construction plans and Project Manual including QC/QA documentation. City of Fort Worth,Texas Page 12 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 12 of 23 FORT WORTH., E. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's or TxDOT's standard bid items and format, as applicable F. Digital cover sheet for the signatures of authorized CITY officials. TASK 6. BID PHASE SERVICES. The CITY reserves the right to bid the project via traditional project bid to via unit price alternative delivery. ENGINEER will support the bid phase of the project as follows. 6.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto BIM 360 for access to potential bidders. • Project Manual shall be uploaded in a single PDF file. • Bid Proposal Document of the Contract documents shall be uploaded in a file format of filename extension ".xls". • Unit Price Proposal documents are to be created utilizing the city's unit price tool only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, that will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to BIM 360 in .pdf format. The .pdf will consist of one file of the entire plan set. • The ENGINEER will coordinate with the CITY PM to obtain received "Expressions of Interest" from prospective bidders and from uploaded Plan Holder Registrations in BIM 360 by contractors. ENGINEER will maintain a plan holders list. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders' questions and requests and the response thereto. The log shall be housed and maintained in the project's folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidder's questions and requests in the form of addenda. The ENGINEER shall upload all approved addenda onto BIM 360 and email addenda to all plan holders. • Attend the pre-bid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. City of Fort Worth,Texas Page 13 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 13 of 23 FORT WORTH., • 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 are to be uploaded into the project's Bid Results folder on BIM 360. • Incorporate all addenda into the contract documents and issue conformed sets. After the bid opening, ENGINEER will provide 5 full sets of plans, 7 half-size sets and 2 copies of the conformed Project Manual set incorporating all approved addenda. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Construction documents will only be made available on BIM 360 for plan holders and/or given to plan viewing rooms. • Construction documents will not be printed by the CITY and made available for purchase by plan holders and/or given to plan viewing rooms. • PDF files will be uploaded to BIM 360. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed) E. CFW Data Spreadsheet City of Fort Worth,Texas Page 14 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 14 of 23 FORT WORTH., TASK 7. CONSTRUCTION PHASE SERVICES. [NOT USED] TASK 8. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 8.1. Right-of-Way Research • The ENGINEER will 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. 8.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The ENGINEER shall prepare a ROW and Easement parcel reference map showing and designating all land interest for project. The map shall be revised as necessary throughout the land acquisition process. • The documentation shall be provided in conformance with the checklists and templates available on BIM 360 Project Resources folder. 8.3. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER should coordinate with the City project manager to identify all needed Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to construction 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 BIM 360 Project Resources folder. ASSUMPTIONS • Right-of-Way research includes review of property/right-of-way records based on current internet-based Tarrant Appraisal District(TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD records, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. • Up to one (1) right-of-way documents and two (2) easement documents will be prepared. City of Fort Worth,Texas Page 15 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 15 of 23 FORT WORTH., DELIVERABLES A. One (1) right-of-way document and two (2) easement documents and exhibits and meets and bounds provided on CITY forms. B. ROW and Easement parcel map. TASK 9. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 9.1. Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey will consist of topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans will consist of the following: • A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally, on a scale of not less than 1:400: The following information about each Control Point; a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. No less than two horizontal bench marks, per line or location. Bearings given on all proposed centerlines, or baselines. Station equations relating utilities to paving, when appropriate. 9.2. Temporary Right of Entry Preparation and Submittal • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system resources folder. 9.3. Subsurface Utility Engineering City of Fort Worth,Texas Page 16 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 16 of 23 FORT WORTH., Provide Subsurface Utility Engineering (SUE) to Quality Level D, C, 8, and A, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality Ievel(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, if such features have not already been surveyed by a professional surveyor. If previously surveyed, check survey data for accuracy and completeness. • The survey will also consist of (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) City of Fort Worth,Texas Page 17 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 17 of 23 FORT WORTH., • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single-conduit lines, and outside edges of multi-conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the 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. ASSUMPTIONS • Up to nine (9) Level A test holes are included. • The limits of topographic survey and Level B SUE are as follows: • 150 LF southwest along Camp Bowie Boulevard • 400 LF northeast along Camp Bowie Boulevard • 100 LF north along Bryant Irvin Road • 350 LF south along Bryant Irvin Road DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. SUE plan drawings sealed by a professional engineer registered in the State of Texas. City of Fort Worth,Texas Page 18 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 18 of 23 FORT WORTH., TASK 10. 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: 10.1. Environmental Categorical Exclusion • Technical Reports and Scoping Documents - Prepare a Work Plan Development, Project Description Form according to the TxDOT Fort Worth District guidelines and policy. TxDOT's Project Description Form would be completed to determine which technical reports would be required for the proposed project. • Environmental technical reports shall include appropriate National Environmental Policy Act (NEPA) or federal regulatory language in addition to the purpose and methodology used in delivering the service. Technical reports shall include sufficient information to determine the significance of impacts and are listed below. A technical report shall be prepared to address: - Archeological Resources Background Study - Biological Resource Deliverables: ■ Species Analysis Spreadsheet (pdf and the Macro-enabled Excel file) ■ Species Analysis Form (pdf) ■ USFWS IPaC Official Species List with the access date in the filename (pdf) ■ TPWD RTEST with the access date in the filename (pdf) ■ NDD figure and Element Occurrence Records with access date in the filename (pdf) ■ All supporting documents in a single pdf - includes project location, topo, aerial(s), EMST, ■ Observed Veg, EMST/Veg Impacts table, photos, a complete species impact table that includes SGCNs that were assessed, soils report, etc. ■ EMST Excel spreadsheet - Hazardous Materials Initial Site Assessment - Historic Resources Project Coordination Request 10.2. Environmental Public Hearing (not included) 10.3. Texas Department of Transportation (TxDOT) Level of Service Agreement (LOSA) • Meet, negotiate, and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY and TxDOT review • Submitting revised forms for agency review City of Fort Worth,Texas Page 19 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 19 of 23 FORT WORTH., • Responding to agency comments and requests 10.4. Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. • Register the project with TDLR and submit construction documents to the Registered Accessibility Specialist (RAS). • Completing all TDLR forms/applications necessary. • Request an inspection from the RAS no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests. • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the project. ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. DELIVERABLES A. Copies of permit applications. B. Copies of approved permits. TASK 11. QUALITY CONTROL/QUALITY ASSURANCE ENGINEER to provide to the CITY a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the customary levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains negligent errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 11.1. QC/QA of Survey and SUE Data • The ENGINEER's Surveyor shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance City of Fort Worth,Texas Page 20 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 20 of 23 FORT WORTH., review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 11.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. • ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. • The documentation of a QC/QA review consists of (1) a copy of the color-coded, original marked-up document(or"check print") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign-off sheet with signatures of the personnel involved in the checking process. Mark-ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation will consist of the following items: - PDF of the completed Detailed Checklists. - PDF of the QC/QA check print of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken. - PDF of previous review comments (if any) and the ENGINEER's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted to the design schedule for a returned submittal. ENGINEER shall plan to recover the lost time with future project milestones remaining unchanged. City of Fort Worth,Texas Page 21 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 21 of 23 FORT WORTH., • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the CITY will be Quality checked prior to submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in BIM 360. DELIVERABLES A. QC/QA documentation City of Fort Worth,Texas Page 22 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 22 of 23 FORT WORTH., TASK 12. PLAN SUBMITTAL CHECKLISTS ENGINEER shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Street Water Traffic Traffic Traffic Traffic Traffic Control Control Control Attachment"A" Signal Storm Storm Lights /Sewer Engineering 30% 60% 90% Water Water (Submit (Submit Type (Submit All (Submit All 30% 60°k All @ All @ @ 30%) 30% 60%) @ 60%) 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 Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management 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. City of Fort Worth,Texas Page 23 of 23 Attachment A Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Release Date:07.22.2021 CPN 103305 Page 23 of 23 ATTACHMENT B COMPENSATION Design Services for Camp Bowie Boulevard and Bryant Irvin Road Task Order Contract City Project No. 103305 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated in an amount not-to-exceed $391,553.00 for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate($/hour) Senior Project Manager/Project Director $280 Senior Professional/Senior Project Engineer $260 Project Manager $220 Professional/Project Engineer $185 Analyst III /EIT III $165 Analyst II /EIT II $155 Analyst I /EIT 1 $150 Administrative $105 Intern $90 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. City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Attachment B CPN 103305 PMO Official Release Date:8.09.2012 Page 1 of 4 ATTACHMENT B COMPENSATION ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. 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 the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Attachment B CPN 103305 PMO Official Release Date:8.09.2012 Page 2 of 4 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount Prime Consultant Kimley-Horn and Associates, Engineering Services $285,091.00 72.8% 1 nc. Proposed MBE/SBE Sub-Consultants The Rios Group, Inc. Subsurface Utility $28,350.00 7.2% Engineering (SUE) Franchise Utility Coordination Access by Design, Inc. RAS Review $2,000.00 0.5% GRAM Traffic North Texas, Traffic Counts $1,500.00 0.4% 1 nc. Non-MBE/SBE Consultants Spooner and Associates, Inc. Topographic Survey, $12,300.00 3.1% Right-of-Way Documentation Stantec Environmental $50,312.00 12.8% CMJ Engineering, Inc. j Geotechnical Engineering $12,000 3.1% Project Number& Name Total Fee MBFeeBE MBE/SBE % CPN 103305 —Camp Bowie Boulevard $391,553.00 $31,850.00 8.1% and Bryant Irvin Road City MBE/SBE Goal = 8 % Consultant Committed Goal = 8 % City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Attachment B CPN 103305 PMO Official Release Date:8.09.2012 Page 3 of 4 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Attachment B CPN 103305 PMO Official Release Date:8.09.2012 Page 4 of 4 E 0 0000 �� E � �° - J / { ) \ co \ k 2 > 0 2 / fj \) ° | 0 _ \ } � / CL � / 0 m 2 { ) � � k $ § =§ § §7§2( 0 &\« /| [a § aR Rft / I \J- ° R § -o kk § � 77 2E ; ) j EE « \ � / \ u / E mo 2 J k {k � 2 88888o | \ \/\\\ x o „ / / _ _ () o ) kJG m ƒ n 2- § ( / ) \ §) \ ® 'Fo 7 § 2 E� / \ � \ § / CL CL m / » � I e a o f ) L ( $ \Lo f \ § lo\ e [\ ) \/ $ L ! 3 B [ § k E ] &) (%( � rCL �-- v ) k C\ cn ��(\\) /// a a § 0 o 22ILAA_ m £ £ £ £ ££ §) {K o ) [ CD CD 0 .a E ƒ(%k _____________ ))a - _ $R/) � ® ® _ § a)Gd )a$ /� � R ) » � ) ° § L \ / TE ] ) ® [ f \} o \ \ )\ _ o - = - ( a , a ; | / §a % z3 > cl - , ( t CT �o j k § & m% ( - )) | 2 2 \ | Z ` \ }\ k � So r ± ° \ \ � �__ �� `® \\ X w § 4 „ a 23z- : \ «+ : f. w 0 : D \ \ / )) /\i\{ ] )( )\ �}\ 0\ ° 2 } ° \\ | BBB» m!!!; : 2 u; , §! 2 2 E - / ) \\} v RR J R \ CO0-0—)) & 2$ //))) �\ ) ) 0 O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 o m 0 o ui o 0 0 0 o u2 o 0 o E m ro orn C w r v m N m u� co N r rn > U co r2 w ri in o Z E m `m C w � w U U � m v U o O O c U v>a c U w a a`. co v t O r CL O 0 C Y _ F Q O CO _ J c O Q N � 0� U CTD OOOOOOOOOOO o r O O O O O O O O O O O o c ° oo � 00000 � oo o � p C wC w rn r m m rn o u� o ro o u� u� L w 7 R16 N o v rn — O = Q Q L O m U w 0 o Q a u o> W 0 LL V C y O O d ` y , O o W y W O a w o m m m c E E in r o O c o F E Z � U L C O U1 3 N O O O O O O O O O O O O y U - 0 O O O O O O O O O O O O O . 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(\\\\\\ )/� - - 4; aGGGGGG : E 6 :2222992 : u J-HmH ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements City Project No. 103305 No changes to the Standard Agreement. City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Attachment C CPN 103305 PMO Release Date:05.19.2010 Page 1 of 1 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth,Texas Camp Bowie Blvd and Bryant Irvin Rd Intersection Improvements Attachment D CPN 103305 Revision Date:07.20.2018 Page 1 of 1 z----�---�—�---�-- � - --�- \ \ \ } \ ) ) ! ) \ w E \ ) } �4A k \ m | t 2 % w ƒ \) ! } � \ \ � . \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ { \ \ \ \ { { \ \ \ \ \ \ \ \ \ \ \ \ \ \ ) ! ! J ! ! ! ! ! lIIII ! ! 27 ! L27 7L77FE ! ff ! ! ! 7F7F 77IZ77ZZZ ! Ew \ \ ! : \ \ \ - - - _ \ \ ( : ^ - mc"- _ - Euo c { ! { ) ) ) { T ) | { \ 7k : 4 ) uc - o eft { J ; ) ff ! } ; } ) if . f : [ ) : ( : ( ! / / ; ; [ } ( § { ( }@ ) ; ) | ® : ® \ ® � : \ ) ; | � \ { § - _ - _ - _ � = z , : _ , _ > > ; _o , : : _ � : _ t c r — — .: lost- d LU w O l r e (' e•e' O[ r f 4 14 Q. r���Orr m ���. •. r- l MI _ - ' + jt!It CL m - • I IL 1c O � R e - w rn Q : t t J `� -) _. o L. LU o 0 z a a w _ C V QJ a a a w a w w w - W O n II _ J II J 0 � -4 N L d /yi m {�R w I k CL E CM 04 W z 5D H ` N a = Q AN �nNH 8� J �i. ---- — _ _ ——— __. LU Vt ell a - U 1 8 � r I omm� POP W Q1 \ M m a EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos,when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non-owned autos is acceptable. Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed,whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution.Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services.Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10)days'notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion,may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincidentwith 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. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II 6 Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury' "property damage" or "personal and advertising or "property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on work, on the project (other than service, your behalf; maintenance or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional insured(s) at for the additional insured(s) at the location(s) the location of the covered operations has designated above. been completed; or However: 2. That portion of "your work" out of which 1. The insurance afforded to such additional the injury or damage arises has been put to insured only applies to the extent permitted its intended use by any person or by law; and organization other than another contractor or subcontractor engaged in performing 2. If coverage provided to the additional operations for a principal as a part of the insured is required by a contract or same project. agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III - Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most applicable limits of insurance. we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured described in the Schedule of this endorsement is the amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Pagel of 1 This page has been left blank intentionally. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 04/01/2022 forms a part of Policy No.WC015893685(Aos) Issued to Kimley-Horn and Associates, Inc. By NEW HAMPSH I RE INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: WC420304B Countersigned by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ — _ (Ed. 6-14) Authorized Representative 0 Copyright 2014 National Council on Compensation Insurance, Inc.All Rights Reserved. This page has been left blank intentionally. 11/9/22, 10:21 AM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoT+ m Create New From This M&C DATE: 11/8/2022 REFERENCE**M&C 22- LOG 2022 ENGINEERING CONTRACTS FOR NO.: 0926 NAME: INTERSECTION IMPROV CAMP BOWIE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (CD 3) Authorize Execution of Engineering Services Agreements with Kimley Horn and Associates, Inc. for Design Services for Two Intersection Improvement Projects for a Combined Amount Not to Exceed $1,010,950.00 (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of the following engineering agreements for design services as indicated below: 1. Kimley Horn and Associates, Inc., for improvements at Camp Bowie Boulevard and Horne Street (City Project No. 103313), in an amount not to exceed $619,397.00; and 2. Kimley Horn and Associates, Inc., for improvements at Camp Bowie Boulevard and Bryant Irvin Road (City Project No. 103305), in an amount not to exceed $391,553.00. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize engineering services agreements for Intersection Improvements projects at two intersections along Camp Bowie Blvd. The funding for these two intersection projects was included in the Proposition A - Streets and Mobility Improvements section of the appropriation ordinance for costs associated with projects in the 2022 bond program adopted via M&C 22-0599 in the cumulative amount of$300,000,000.00. The firm was selected based on the pre-qualification list of firms from the Category-2 of the Request for Qualifications advertised in August 2020 for various capital project improvements. The Intersection Improvement Category 2 required a Request for Additional Information (RFAI) submission for the final selection process. City staff performed this RFAI process this summer which resulted in thirteen firms been chosen to award these design agreements. Following is the list of proposed intersections for traffic signal improvements and the engineering firm assigned to the projects: Not to Exceed Total Project Budget Project Engineering Consultant Contract/Amendment Authorized by M&C 22- Amount 0599 103313- Camp Bowie Kimley Horn and Boulevard and Horne Street Associates, Inc. $619,397.00 $2,200,000.00 (CD 3) 103305 - Camp Bowie Kimley Horn and Boulevard and Bryant Irvin Associates, Inc. $391,553.00 $1,200,000.00 Road (CD 3) Funding is budgeted in the 2022 Bond Program Fund for the purpose of funding the Camp Bowie Boulevard at Horne Street and Camp Bowie Boulevard at Bryant Irvin Road projects, as appropriated. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper(ECP) (M&C 22- 0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). apps.cfwnet.org/council_packet/mc_review.asp?ID=30478&councildate=11/8/2022 1/2 11/9/22, 10:21 AM M&C Review M/WBE Office Kimley Horn and Associates, Inc., is in compliance with the City's Business Equity Ordinance by committing to 10\% Business Equity participation on the Camp Bowie Boulevard and Horne Street project. The City's Business Equity goal on City Project No. 103313 is 10\%. Kimley Horn and Associates, Inc., is in compliance with the City's Business Equity Ordinance by committing to 8\% Business Equity participation on the Camp Bowie Boulevard and Bryant Irvin Road project. The City's Business Equity goal on City Project No. 103305 is 8\% These projects are located in COUNCIL DISTRICTS 3. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the Camp Bowie Blvd at Horne Street and Camp Bowie Blvd at Bryant Irvin Road projects. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget I Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department— Account Project Program Activity 1 Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ William Johnson (5806) Originating Department Head: Lauren Prieur(6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 103305. Camp Bowie at Bryant Irvin Form 1295 Certificate 100963739.pdf (CFW Internal) 103305. M&C.MWBE report.pdf (CFW Internal) 103305.103313. KHA. SamReport.pdf (CFW Internal) 103305.103313.FID Table M&C.xlsx (CFW Internal) 103305.MAYOR AND COUNCIL COMMUNICATION MAP.pdf (Public) 103313. Camp Bowie at Horne Form 1295 Certificate 100963748.pdf (CFW Internal) 103313. M&C.MWBE report.pdf (CFW Internal) 103313.MAYOR AND COUNCIL COMMUNICATION MAP.pdf (Public) 2022 Engineering Contracts for Intersections Improv Camp Bowie.docx (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=30478&councildate=l1/8/2022 2/2