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HomeMy WebLinkAboutContract 60265CSC No. 60265 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 Westwood Professional Services, Inc. d/b/a Peloton Land Solutions, a Westwood company, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Trinity Park Road & Parking — Project No. 104528; Pecan Valley Golf Course — Project No. 104530; South Z. Boaz Road Improvements — Project No. 104535 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 $327,147.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 1 of 15 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park 104528,104530,104535 OFFICIAL RECORD 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 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park Standard Agreement for Engineering Related Design Services 104528, 104530, 104535 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 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park Standard Agreement for Engineering Related Design Services 104528, 104530, 104535 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 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park Standard Agreement for Engineering Related Design Services 104528, 104530, 104535 Revised Date: November 23, 2021 Page 4 of 15 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 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park Standard Agreement for Engineering Related Design Services 104528, 104530, 104535 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 respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the 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 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park Standard Agreement for Engineering Related Design Services 104528, 104530, 104535 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 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park Standard Agreement for Engineering Related Design Services 104528, 104530, 104535 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 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park Standard Agreement for Engineering Related Design Services 104528, 104530, 104535 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 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park Standard Agreement for Engineering Related Design Services 104528, 104530, 104535 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 forthe 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 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park Standard Agreement for Engineering Related Design Services 104528, 104530, 104535 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 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park Standard Agreement for Engineering Related Design Services 104528, 104530, 104535 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 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park Standard Agreement for Engineering Related Design Services 104528, 104530, 104535 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 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park Standard Agreement for Engineering Related Design Services 104528, 104530, 104535 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: CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: Oct 15, 2023 ATTEST: tiO�F°RT ao �d0 °we 9�do OVg °SA epan aEapba6p Jannette Goodall City Secretary APPROVA L RECOMMENDED: By.� Dave Lewis Interim Director, Park & Recreation Dept. SP7aK— SP APPROVED AS TO FORM AND LEGALITY By: Jeremy Anato-Mensah Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 14 of 15 BY: ENGINEER Westwood Professional Services, Inc. Robert S Cobouls Robert S Copouls (Sep 18, 2623 16:30 CDT) Rob Copouls Senior VP, Public Infrastructure Division Date: Sep 18, 2023 Westwood Address/Contact for giving notices: Westwood Professional Services, Inc. C/O General Counsel 12701 Whitewater Drive, Suite 300 Minnetonka, Minnesota 55343 Email: leaal(@westwoodos.com Form 1295 No.: 2023-1062065 M&C No.: 23-0668 M&C Date: 08/08/2023 Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park 104528,104530,104535 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. Michael Wellbaum Project Manager City of Fort Worth, Texas Trinity Park, Pecan Valley Golf Course, & South Z. Boaz Park Standard Agreement for Engineering Related Design Services 104528, 104530, 104535 Revised Date: November 23, 2021 Page 15 of 15 FORT WORTH ATTACHMENT "A" Scope for Enqineerinq Design Related Services for Arterial 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 project includes the design and bidding of road and parking improvements for Trinity Park, Pecan Valley Golf Course, and South Z. Boaz Park Improvements. The project scope includes developing plans, specifications, and contract documents suitable for bidding the project. Refer to Attachment E for the specific Project Limits. The estimated construction budget for these projects is $2.2M and is funded by the 2022 Park Bond program. Consultant shall assess current pavement conditions and provide guidance for optimizing the available funding. Funding will be split between City projects 104528 — Trinity Park Road & Parking Improvements, 104530 — Pecan Valley Golf Course Paving Improvements, and 104535 — South Z. Boaz Park Road & Parking Improvements. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design (30%) Tools 3. Preliminary Design (60%) Task 4. Final Design (90% and 1009/6) Task 5. Bid Phase Services Task 6. Construction Phase Services Task . Task 8. RO=Easement SeFViGes Survey a -Rd ✓abourfaGe Utility Engineering Services Task 9. Permitting Task 10. Quality Control/ Quality Assurance City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 1 of 35 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 10 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. ;",Guth,, Traffin Managemont, at the-60°(, submittcl mil9etGRe Conduct and document monthly project update meetings with CITY Project Manager either in -person or via video conference. Conduct review meetings with the CITY at the end of each design phase Conduct and document biweekly design team meetings. Conduct QC/QA reviews and document those activities. Refer to Task 10 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. 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. City of Fort Worth, Texas Page 2 of 35 Attachment A Release Date: 07.22.2021 Page 2 of 35 FORT WORTH, 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 The following assumptions were made for the Design Management Task: The ENGINEER shall manage the following three (3) sites listed below. Refer to Attachment E for an exhibit of the project limits of each site. 1. Trinity Park 2. Pecan Valley Golf Course Parking Lot/Entry Roadway 3. Z. Boaz Park One (1) pre -design project kickoff/chartering meeting One (1) constructability review meeting during design (90%) Fourteen (14) Monthly Project Update Meetings: Seven (7) monthly project update meetings during design phase Seven (7) monthly project update meetings during the construction phase. Fourteen (14) biweekly design internal team meetings All submittals to the City will be Quality checked prior to submission. Project design phase is anticipated to take Seven (7) months. Project construction phase is anticipated to take Seven (7) months Fourteen (14) monthly updates of Project Status Reports, MWBE forms, TPBE, Risk Register, and project Schedule. City of Fort Worth, Texas Page 3 of 35 Attachment A Release Date: 07.22.2021 Page 3 of 35 FORT WORTH DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule 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. Monthly Project Risk Register updates I. Plan Submittal Checklists (See Task 10) J. Monthly invoices K. Monthly M/WBE Report Form and Final Summary Payment Report Form City of Fort Worth, Texas Page 4 of 35 Attachment A Release Date: 07.22.2021 Page 4 of 35 FORT WORTH TASK 2. 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. 2.1. Data Collection Traffic COURt Data. Mirvrosof+ EXGel spreadsheet of Rage, 24 hour and TNrning MoyemeRt Ge,,p+.da+a gathered at 15 MiR ,+e ip eeRalo at s minimum on all rsw data GOI'eGted. Provide Daily Summaries by AppreaGh and Peak Per ✓immaries by Apprea3h Sproardshee+ shall he ,,pleader! +e the GITV's doGumwnt management systern (360) folder 'TPW Traffic• Goant Data'. 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. The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans where necessary. FVV-IUe C�,�l�s��-frvno I I+ili+„ Cnrvinoorinry (c1b.1C) par T&\oIc Q. 2.3. Utility QeaFaRGe IEER will develop the design of CITY facilities to avoid - ��.. � or minimiz9 GE)Rfl*GtS with exi6tiRg utilities, and where kRE)WR and possible GORsider peteRtial future utilities in rdesirvns Where conflicts cannot he avoidedcoorrdination of , Utility GE)RfIiGtS will in st th9-Seaeaptu`eI Din phwL— In the nose of a p,,hlic Utility conflic+ the ENGINEER Will rdesigR CITY facilities to avemd GF FniRiFniZe GGnflmGtS with existing utilities, and where knewn and pessible consider potential future ire utilities in rdesirvns In the ease of a private Utility GE)Rflinf the EN494NEFoR Will preyide a PDF= set pf plans with the Utility nonflints highlighted and s It.4ility40t0l Tsble ofc-vrZrvae conflicts to he included in a Utility GlearanGeLetter;GF e City of Fort Worth, Texas Page 5 of 35 Attachment A Release Date: 07.22.2021 Page 5 of 35 FORT WORTH "*11114 need to r•nordina#e directly with the private utility preyid IN�" EER .may ar if that provider needs to undertake design to adjust their utility's IOGa#inn The CNGI N`i♦R shall ujilqaid RDF file of the ennreyed nrlz�iminory plan set to the designated preies# folder in the Gity's deG M'Mt management system (RIBA 360) fer fePvarding te all Utility Gempanies whiGh have faGilities within the limits ef the project. The PD�ssrh Greated direGtly from the CAD files 2.4. Engineering Design Report To ensure adherence to project scope, that design approach is in line with project objectives, and to obtain concurrence on development of the conceptual layout, ENGINEER shall prepare and submit a design report in the format provided by the CITY prior to developing conceptual plans. The CITY shall review and provide feedback on the report prior to ENGINEER starting the conceptual design. 2.5 The Conceptual Design Package shall include the following: Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. Quantity Summary page and each design sheet shall include a quantity take off table. Repert (ICE) may he required if applicable �Geneoptual Design Report (Arterials) in the format provided by the GITV If applicable; Conceptual iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. The conceptual iSWM Checklist will only be used if there are any drainage improvements associated with the project(s). The primary focus of this project is pavement rehabilitation and reconstruction. SUEPlcn sheets sealer) by a licensed prefessienal engineer registered in the State of Texas PDF set of plcno with the Utility cenflicts highlighted and a Utility Gonfliot3 Table Traffic Gei ant Data: Micreseft CVicel spreadsheet of Raw 24 hei it and Turning Me„emen# Count data gathered at 1 F_mini ate in#enralc at a minimum on all row data cellec#ed Dreyide daily Summaries by Appreach and Peak Per' Cummsn.,a. SCpr., � 4 a,r.,pleaded to the Gity's dens amen# ..e i i management system (RIBA 360) e'T-PVV Traffic (amount Lata' folder. Existing typical sections of the roadway and parking pavement improvements 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. �enGoptual plan and profile sheets showing existing and proposed horizontal roadway alignments existing and proposed Rnon( existing and proposed e o City of Fort Worth, Texas Page 6 of 35 Attachment A Release Date: 07.22.2021 Page 6 of 35 FORT WORTH Conceptual Plans showing existing and proposed horizontal roadway and parking lot improvements (rehabilitation or reconstruction), existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities. Documentation of key design decisions. Estimates of probable construction cost. 2.6. Geotechnical Investigation/Pavement Design Alliance Geotechnical Group, Inc. (AGG) will be a sub -consultant for Peloton for the pavement coring and geotechnical engineering services. AGG is on the City of Fort Worth's Certified M/WBE list. Soil investigations, including field and laboratory tests, borings, pavement section cores, 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. A soil boring will be taken for the design of the Z.Boaz Trailhead Parking Lot. The pavement boring at South Z Boaz Park will be drilled to a depth of 10 feet below the existing ground surface. depending on soil type and consistency. Rock encountered in the borings will be evaluated using the Texas Department of Transportation Penetrometer (TxDOT Cone). All samples will be properly logged, packaged, sealed, and placed in a core box for transportation to the laboratory. The test borings will be backfilled with soil cuttings upon drilling completion. See breakdown of the soil borings per park below: South Z Boaz Park (Proposed Trailhead): 1 Boring Pavement cores will be obtained to determine the thickness of the existing pavement (asphalt) and subgrade. The field investigation will consist of drilling twenty (20) pavement cores collectively between the 3 park sites at spacings of approximately 1000 LF within the vicinity of the proposed pavement rehabilitation. The pavement corings will be advanced to the full depth of pavement in each area. A DCP test will be performed at the bottom of each of the pavement cores to estimate the CBR of the pavement subgrade. Afterwards, samples of the base material directly below bottom of pavement will be taken. See breakdown of the pavement cores per park below: South Z Boaz Park: 5 Cores Pecan Valley Golf Course: 4 Cores Trinity Park: 11 Cores City of Fort Worth, Texas Page 7 of 35 Attachment A Release Date: 07.22.2021 Page 7 of 35 FORT WORTH 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. ASSUMPTIONS The following assumptions were made for the Conceptual Design Task: The ENGINEER shall prepare a conceptual design for the following three (3) sites listed below. Refer to Attachment E for an exhibit of the project limits of each site. 1. Trinity Park 2. Pecan Valley Golf Course Parking Lot/Entry Roadway 3. Z. Boaz Park A single plan set will be prepared for all three (3) sites. Each site will have sheets grouped. The project schedule Separate plan sets will not be prepared for each site. Refer to Task 8.0 for Survey scope of services. Aerial imagery will be used to create baseline mapping for the for roadway and parking lot rehabilitation and reconstruction paving improvements in the conceptual design phase. A field survey will be performed for the trail head site in Z. Boaz Park. Refer to Task 8.0 for Survey scope of services. If additional survey is required for design, a separate scope and fee will be prepared for that work. Two (2) site visits will be made during the Conceptual Design Phase. If applicable; all storm water calculations and design shall conform to the CITY current iSWM Criteria Manual for Site Development and Construction. Stormwater calculations and design will be provided if required for the design. Three (3) sets of 11 "x17" size exhibits will be delivered for the 30% design. PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (BIM 360). ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Conceptual Design Package. Geotechnical investigation will be performed based on the areas identified in the conceptual design phase. The final number of soil borings will be adjusted according to the paving improvement areas identified in the conceptual design phase. The following number of soil borings or pavement cores have been estimated for each site: City of Fort Worth, Texas Page 8 of 35 Attachment A Release Date: 07.22.2021 Page 8 of 35 FORT WORTH, Trinity Park eleven (11) pavement cores Pecan Valley Golf Course Parking Lot/Entry Roadway four (4) pavement cores Z. Boaz Park five (5) pavement cores and one (1) soil borings DELIVERABLES A. Conceptual Design Report B. Conceptual Design Plans (Plan View Only) C. Conceptual Drainage Checklist (if applicable) D. Utility G` RfliGt DlaR PDF= and Utility GGRflint Table E. PDF of the Geotechnical Report F. Conceptual Cost Estimate City of Fort Worth, Texas Page 9 of 35 Attachment A Release Date: 07.22.2021 Page 9 of 35 FORT WORTH TASK3. PRELInniNAov IICSdGAI (RA PERCENT). Preliminary plans and spenifinationo oh&ll be submitted to CITY per the approved Droieg+ SGhvchedui-- ENGINEER will develop the p climinary design of the infrastn G ire as follows 3.1. The Preliminary Design Drawings and Spenifina no ohOl innlude the fellewing• DreliminaFy seder and index of sheets ipslu idipg proieot llmlto, Brea lesa+ien map and beginning and end station limits - JJC Play sheets sealed by a linensei-d professional epgipeer registered OR the State of Texas (Utility Gepflint Ma+riv — ..[u&ntity c�:mm&ry page aR d eanh design shoot JI L.II insli irde a quantity take eff table. Preliminary iSVVM Gheohliccc in S',nnerrdanne with the ni irrent CITY iS`/V�A� a Manual fer Site D pm t and Genstrl Gtien �/ �r-arra--vvrrvnuccrvrr. Traffig Gentrol Plan inel' iding all nonctR intien cignage and payemopt .Tirk+Rp whiGh will be in aGGerdanGe with the latest editieR ef the Texas Manual en LJn*ferFn - A Prejegt Centre! Sheephewing all Centre! Deintsused er set wholeztih-rering data Generally en a shale of not ICx than 1.1nn The fell^ewing inferma+ion shall Nail, 5/8" Iron Red); Y V and 7 Geerdinates in an identified eerdinate system (i.e. set in the nenterline of the inlet in the South G irh line of (North Side Drove at the East end of radiuo s� the-, Sep theast nerner of North Side Drive and North �Anin � �va-cr-rca�rcvrrrcr-yr-r-rvr m�-v-rrn Street). - Updated existing and proposed typical seGtien shoe+� - Updated readway plan and prefile sheets displaying statien and Geerdinate data fe all horizontal alignment D C 's P.T.'o P.I.'s; st.,Rtlon and elevatien data of all yertinal profile D.C.'s P.T.'s, P.I.'s, l,n}�/n�i�peinp+ems and��high �l where lengths ofyertinal r"rZrrves, grades, K `�allues,�nd vertTGal Glearran Gee -V here required. - Ne C� th&n two ben Ghmamaf csp r plan/profile sheet. Bearings given an all proposed centerlines, er baselines - Station g �tation egatiens relating i tilities to paving whey appropriate e Overall proiee+ easement layout sheets) if nplieahle• Intersentien layoff it sheets innli iding ROW lines horizon+al 0 0 al+gnmonto, uti%ed , ourbo, of dewalhs driveways lane dimensions and arrows - and evicting and proposed Gente irs 9.25' intervals) City of Fort Worth, Texas Page 10 of 35 Attachment A Release Date: 07.22.2021 Page 10 of 35 FORT WORTH Preliminary roadway details to inrli irde nUrbs G irh vtF.` nugn ioi ntC rdriyewavC sidewalks pair # Ctreetli hto, trr-ffin signals and all applioahle utility details. sidewalks, ;-pu�2F1�21��,-,scrcccng Dreliminar1i Cio nano r,ayemont mukina illl iminaandien ansignal layer itC INNER will delineate the watershed based on Gente it Otu wnd field i i • �- - - - -�Zj - - -1 1�zjl- i - i - at maidmum 1 1 MM 1 11 1 • • • •• •CITY • - • - - • • • - - • I 1 / 1 / _ • • ■- - ••u-• _•• Construction • • • - •- 00••ff exceeds_• • u drain andright-of-waycapacities;shall •- _ •-• -• Tsa ► ► ! ••• • • •- •uu-••_ •• w4h-CITY otcndards. Cterm drain laye it sheets Chewing Irma#inn and Cite of all inloto mcnhal and nrepeseflrn�ni�? flews, lengthsand Clepes of ping #ran ref gre inrd nrefilo I-Wrn rer pine and nennen#iens #e existing nr prepeserd Cterm sewer CVC#emC - Egtirnctes of probable ne RStri Gtinn nest 3.2. ,eeteGhniGal Inyestina#inn/Pavement Design The ENGINEER ahhll prepare a detailed oee#eGhniGal enoineeriRg Study aR d pavernent design in eenfermanee with the Gi4, of Fort W-efth Pavement Design nd rr-Ic+ AAanu a/ 2005. The study-ohall insli de rennmmnprda#ions rnnaFdinn utility trenGhing and identify existing groundwater elevat'GR at eaGh b i _ 2.2. Genctn intahility Review Drier #e the 60 pernen# review meeting with the CITY, th- CnIGAICCD Shcq SGherdi ile and attend a prnient site visit with the CITY DroieGt Manager and GenStrYGtienpersonnel te walk the pprrejcn+ The ENGINEER oha!I oummarize the CITY'S oomments from the field vs anrd C mit this Information #e the CITY in writing. 3.1. P�IGHG Meeting City of Fort Worth, Texas Page 10 of 35 Attachment A Release Date: 07.22.2021 Page 11 of 35 FORT WORTH After the preliminarPlano hove been reviewed and approved by the CITY, the €4GINEEP. ohall prepare prniect cnhi"itc, ccsist the preieot manager presen#a#inn of the pmo3t appropriate format (most usually cell„ in Power Point), and attend one (1) publiG meeting to help o)(plain the nrepeserd nreiect to re onto. The CITY oholl oeleot a ouitablle leeatiep tome and date The Engineer needs to Geerrdina#e with the Cit y's proieot msnsger to#ormst the mailing list of all affentecl 3.5. Litility (ale Te. The ENGINEER Will GeRSUI# with the CITY's Transpor#atien and Public Werhs Department, Water Department, and ether CITY rdepar#monto, publ'" utilities, private utilities, private utilities and geverRrneRt ageRGies to determiRe the (Gurren# and fi t it t G4 er infli i Ge en the prnieG# ENGINE a) the hs�<c �n im��.�-�.�en�rr������€will design CITY faGilities te aveid er minimize GeRfliGtS with existing utilities, and where known and possible Gensider pe#ont)rul fut,-- e utilities in designs Where conflicts Gannet he avoided cnnrrdination of Utility (`nnflicts Will he 0 identified at the Gan G-Wwol and begin at the Preliminary Design phase In the rase of a private Utility Genflicte (_ the ENIAI56P shell wp'I"a�ad as set of plonc in PDF format with the utility GenfliGts highlighted and a Utility Genfliots Tsb1Q-e# thes1rrvse-cvnfiioto in the rity's rdeci'me'nt msnagement system (RIBA 360) The PDF City DI\A will Issue a Utility GlearanGe Letter to he aGGempanierd by said plan s and table to all Utility Gempanies whiGh have facilities within tho llmlto of the prefect for Gnerrdinatien The ENGINEER may need to Gnnrrdinate directly with the private utility •f thst provider needs to undertake Le design +e adjust their utility's - ENGINEER to obtain utility As_hi'ilt plsns &nd/er de field visits #e Genfirm �rellenatien is Gemple#e and the utility tility has been relena#erd in aGGerrdanGe with t4-t plane and the project needs, report any discrepancies found, and preyirle rdnci rnentatien to support finrdings =--EoINEER t o built plans in the Gity's deG1nnt mQr�agement system (RIBA 360) ASSUMPTIONS The following assumptions were made for the Conceptual Design Task: —Three (3) sets of 11 "x! 7" size+ Fl&nc will he delivered fer the 60 designfor rey'eW Geerrdina#men P fer the 600/ design. The fellg ohall be uploaded to the designated prniect folder in the f ifii'c deGumwnt management system (RIBA 260)• i Single PDF file Greated from design GAD rdrainns IF Thy Prefect Manual (CE)ntract aR d SpeGIf'Gatlnns) City of Fort Worth, Texas Page 12 of 35 Attachment A Release Date: 07.22.2021 Page 12 of 35 FORT WORTH ■--A#-etn-cr cwLmitted r!` G invents and nheGkims+s (aron#Tend and teGhniGal speGikatiens will he used.e-E�NG�In�CC�l7 shall supplement the #enhnieal sneGif'Ga#iens if needed. One (1 ) Di blip Meeting Ic -%x�im9d, ENGINEER ahall not PFeGeed h C'nsl Design an#iyi#ies anthetrc on appr9va4 by the GITV of the Preliminary Design plano. Geotechnical investigation will be performed based on the areas identified in the nennept ual rdesiyn ph&c o The final number of semi herings will he adjusted aGGerding te the paving Improvement areas identified in the GenGeptual design phase. DELIVERABLES B. Utility (k`age G. 3 (ram paper EefQeeteGhn+Gal Reper# and ene (1) DDC D. Preliminary Drainage CheG","S E. Eotimctes of probable oens#ri in#men Des# F. PubliG Meeting exhibits City of Fort Worth, Texas Page 13 of 35 Attachment A Release Date: 07.22.2021 Page 3 of 35 FORT WORTH TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Conceptual plans, ENGINEER will prepare construction plans as follows: 4.1. The Final Design Drawings and Specifications shall include the following: Cover and index of sheets including project limits, area location map and beginning and end station limits. SUE Plcn shoots sealed by a linonse d nrofossional ona*noor ronistored it Utility Quantity Summary page and each design sheet shall include a quantity take off table. If applicable; preliminary iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. 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). Updated existing and proposed typical section sheets. Updated roadway plan and prefile sheets displaying station and GGerdinate data fe all horizontal alignment D C.'r, P.T.'o, P.l.'3; otation and elevation data of III yertiGal profile P—C.'s, P.T.'s, P.I.'s, law-pointc, and high points; lengths of vertical Gurve? grades, 4l values, o and vortical rlearannos where required. Revised Plans showing existing and proposed horizontal roadway and parking lot improvements (rehabilitation or reconstruction), existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities. No less than two benchmarks per sheet. Bearings given on all proposed centerlines, or baselines. Station equations relating utilities to paving, when appropriate. Overall project easement layout sheet(s). City of Fort Worth, Texas Page 14 of 35 Attachment A Release Date: 07.22.2021 Page 4 of 35 FORT WORTH If Applicable; Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs, sidewalks, driveways, lane dimensions and arrows, and existing and proposed contours (0.25' intervals) Final roadway details include curbs, curb expansion joints, driveways, sidewalks, pavement, streetlights, traffic signals and all applicable utility details. Final signing, pavement marking, illumination and signal layouts. 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. If applicable; storm drain layout sheets showing location and size of all inlets, manholes, junction boxes, culverts and piping to include storm drain profiles showing existing and proposed flow lines, flows, lengths and slopes of pipe, top of ground profile over pipe and connections to existing or proposed storm sewer systems. Documentation of key design decisions. Estimates of probable construction cost. Final draft construction plans (90%) and Project Manual shall be submitted to CITY per the approved Project Schedule. r�- t.ip!cnoi.s 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. If applicable; 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. City of Fort Worth, Texas Page 15 of 35 Attachment A Release Date: 07.22.2021 Page 5 of 35 FORT WORTH. The ENGINEER shall submit an estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use standard CITY or TxDOT bid items, as applicable. ASSUMPTIONS The following assumptions were made for the Final Design Task: The ENGINEER shall prepare a final design for the following three (3) sites listed below. Refer to Attachment E for an exhibit of the project limits of each site. 1. Trinity Park 2. Pecan Valley Golf Course Parking Lot/Entry Roadway 3. Z. Boaz Park A single final plan set will be prepared for all three (3) sites. Separate plan sets will not be prepared for each site. One (1) site visit will be made during the Final Design Phase. 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 the City's document management system (BIM 360). One (1) sets 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 City's document management system (BIM 360). DELIVERABLES A. 90% construction plans and specifications including QC/QA documentation. B. Utility relocation package. C. If applicable; Final Drainage Checklist D. 100% construction plans and Project Manual including QC/QA documentation. 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. City of Fort Worth, Texas Page 16 of 35 Attachment A Release Date: 07.22.2021 Page 6 of 35 FORT WORTH TASK 5. BID PHASE SERVICES. The CITY reserves the right to bid the project either via traditional project bid to via unit price alternative delivery. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support The ENGINEER shall upload all plans and contract documents onto the City's document management system (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 the City's document management system (BIM 360) in two formats, .pdf and .CAD files. The .pdf will consist of one file of the entire plan set. If requested by prospective bidders, the ENGINEER will sell contract documents at a reasonable price to recover reproduction and document request fulfillment cost. The CITY will not sell hard copies of the contract documents. The ENGINEER will coordinate with the CITY PM to obtain received "Expressions of Interest" from prospective bidders and from uploaded Plan Holder Registrations in the City's document management system (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 the City's document management system (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 17 of 35 Attachment A Release Date: 07.22.2021 Page 7 of 35 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 the City's document management system (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 following assumptions were made for the Bid Phase Services Task: The project will be bid only once and awarded to one contractor. Construction documents will only be made available on the City's document management system (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 and CAD files will be uploaded to the City's document management system (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 18 of 35 Attachment A Release Date: 07.22.2021 Page 8 of 35 FORT WORTH TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1. Construction Support The ENGINEER shall attend the pre -construction conference. After the pre -construction conference, the ENGINEER shall provide project exhibits and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location or media and mail notices to the nearby residents and other stakeholders. The ENGINEER shall attend monthly or bi-weekly construction progress meetings during the duration of construction. The ENGINEER will prepare or collaborate with the CITY PM on a Construction Progress Report using the CITY's standard format and upload in the City's document management system (BIM 360). • The ENGINEER will prepare a Construction Communication Plan detailing the procedure for communicating between the Project Delivery Team members and the Contractors. • The ENGINEER will meet with concerned citizens as needed incoordination with the CITY PM. • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies, or omissions. The ENGINEER shall log and track all shop drawings, samples, and other submittals in the City's document management system (BIM 360). • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, respond to Request for Information (RFI) from the contractor, review change orders, and make recommendations as to the acceptability of the work. The ENGINEER will meet with the Project Delivery Team and Contractor on -site to review any field changes. The ENGINEER will coordinate with other TPW divisions and other departments as necessary. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. 6.2 Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. Information provided by the CITY may include, but is not limited to the following: o As -Built Survey City of Fort Worth, Texas Page 19 of 35 Attachment A Release Date: 07.22.2021 Page 9 of 35 FORT WORTH o Red -Line Markups from the Contractor o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. The following disclaimer shall be included with the Record Drawing stamp: These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, in Adobe Acrobat PDF format (version 6.0 or higher) and in DWF format. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the digital files. ' The c Jtinll bye -one 1) RDF file and GRe (1) DVVF= file for the TPVV plan set and separate PDF= and DVVF= file fer the Wa#or plan oe+e if required. Cash PDF and DWF file shall amain all associated sheets of the narti I e} Sir�quiar �rrr �„urrEvrrcrnrr-aTr-a�accrucca�r�ccc�-vrcrr��an�OS:�S'.r p Cn `.1 T-vrrrcrwTcrr PDF and DWF files for each sheet of a plan set will not he accepted D11C and DWI= files shall nonfarm +3 naming GE)nven#+ono as fellows: I. TPW file nameeexample "W-1956_org47.pdV where"W-i956" io the assigned f to number obtained from the CITY "_org" designating the file is of aR original plsn 9et"47 shall b totcl numberf� a in this foe- E)(smplg: \n/_llfl53—orn`2 ndf and I.!_fl'27f1_org nrlf it Water and Sewer file name example "X 35v67_erg36 �"vpd =where "X 356t" is the assigned fila number obtaiRed frnno fbia CITY, "_srg" designating the file is of an Brig nil plan cet, " " ohall be the total number-ef sheeto in this file. Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in the City's document management system (BIM 360). For information on the proper manner to submit files and to obtain a file number for the project, the ENGINEER should coordinate with the City project manager. File numbers will not be issued to a project unless the appropriate project numbers and City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 20 of 35 Page 20 of 35 FORT WORTH. fund codes have been assigned and are in the Department of Transportation and Public Works database. 6.3 Construction Material Testing The ENGINEER shall perform construction material testing, through a sub - consultant, for the Trailhead Parking Lot at Z. Boaz Park. The construction material testing will include the following: o Testing for Earthwork o Laboratory moisture/density relations (ASTM D698/D1557/D558, TEX-113-E, TEX-114-E) and soil classification tests (liquid limit, plastic limit, and percent finer than no. 200 sieve analysis) for each soil type. o Perform in -place moisture/density tests at the rate of 1/10,000 square feet for paving areas, 1/2,500 square feet for building areas, 1/2,500 square feet for select fills, 1/75 linear feet for utilities, 1/100 linear feet for beam and footing areas, with a minimum of 2 tests per lift per area. o Testing for Concrete Construction o During concrete pours, for each intended use, shall sample concrete from the first concrete truck on each day of concrete pouring and a minimum of one truck every 150 cubic yards thereafter. o Perform testing and inspections during concrete placements, which include: ■ Collect a copy of the batch ticket and verify mix design matches reviewed submittal ■ Collect a sample in accordance with ASTM C172 ■ Perform slump test in accordance with ASTM C143 ■ Perform air content test in accordance with ASTM C231 or ASTM C173 ■ Perform unit weight test in accordance with ASTM C138 ■ Record concrete temperature in accordance with ASTM C1064 ■ Fabricate cylinders molded and standard -cured in accordance with ASTM C31; either four 6" x 12" or five 4" x 8" ■ Perform compression testing in accordance with ASTM C39 The fee provided for this task is an estimate. ENGINEER will bill actual testing costs plus sub -consultant markup. ASSUMPTIONS The following assumptions were made for the Construction Phase Services Task: City of Fort Worth, Texas Page 21 of 35 Attachment A Release Date: 07.22.2021 Page 21 of 35 FORT WORTH One (I ) P blip Mee4 iC &ti �m9_d-. Four (4) submittal reviews are assumed. Twelve (12) RFI's are assumed. Eight (8) site visits are assumed during Construction Phase Three (3) Change Orders are assumed. The fee provided for this task is an estimate. ENGINEER will bill actual testing costs plus sub -consultant markup. DELIVERABLES A. DNblin moo+iRg exhibits B, Construction Communication Plan G Response to Contractor's Request for Information 9, Review of Change Orders Review of shop drawings F, Final Punch List items G, Record Drawings in digital format K Construction material testing reports City of Fort Worth, Texas Page 22 of 35 Attachment A Release Date: 07.22.2021 Page 2 of 35 FORT WORTH. €NG NEER will support and perform aGtiVitieS related to ROW and IaRld as OUtImPled below, nor cOOping direntien anyd guidanOe frem the GITV's Pretest Manager The CI\IGMEEC ohcll determine rights_of_way aR d ease m y�ent Reeds for GE)RGI,J Y etiGR of the nYFGjeGt. Required t nerar y and nerma' ReRt eacaemeRt7Tvv'ill be WeRt fied based OR available iRfOrmatiOR and FeGE)MFReRdatiE)RG will be made for appr CITY 7.2. Right _of_Way/Easement Preparation aR d Submittal. The ENU ICC� ��.. ohsoh&II prepare obtain right The ENGINEER ohall prepare a ROW and Casement panel referenne man d .d ehGWing aR esignat�gg all land -Iinterest r proieGt. Tho mcp ahcll bq revised as neressary thre,,ghe,,t the land aGq uicitien presesc The ydGGId mentatien shall he preyi deyd in sOnfGFFnaRGe with the nhenhll,-k-c and templates available OR the Gity's (VA monegement system (BIM ' 69) DroieGt Rese Ges folder Q Temporary Right Of Cntr\y DreparatiOR an �.,,. .,e..C Nmitts Drier tO GOnctr,,OtiOn the CNGINI66R chquid neer`Jinate with the Giffy preiest , manager tO identify all needed Temporary Right Of CntrleQ from laR deors. It i`J assumed that letters will Only he required for Iand OWRers adjaGent to y+Onstr,,OtiOn or whe are `Jirenthy affected by the preleGt anyd nO easement is required to enter their pronertyy. The rdOo,,mentation shall he provided in oOnformanoe with the oheoklists aR d templates available on the Gity's y eGun Dnt management system (RIBA 360) Droieot (,iesoi ,roes follder y+�,,rrent internet based Tarrant Appra{�l PIotriGt (TAD) infermatien available at the start of the PFGjeGt and available on ground property information •. •rgn reds fepn ec etO \ It 'deer nOt ORGI de effort for Ohain of title recearsh ,vas,-rcrrcC�,, ��It., , �.f�J y� }�, .�^+ ;.�^I,,,.J ,.J l ��.,,., �, parent #rank recear. f• h, additiOTff^'l eseaFGPhT'ffeereasemerits not inGluded OR tl"II.�TiV reroryds, w�ytakings, right_of_amy! easement vacations anabanydonments right of , wary rya Oatienc, ,, and street Olecrec City of Fort Worth, Texas Page 23 of 35 Attachment A Release Date: 07.22.2021 Page 3 of 35 FORT WORTH. City of Fort Worth, Texas Page 24 of 35 Attachment A Release Date: 07.22.2021 Page 4 of 35 FORT WORTH TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey 8.1.1 Design Survey Trailhead at Z. Boaz Park ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, 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 shall include the following: ❑ A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: ❑ The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). ❑ 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 benchmarks, per line or location. ❑ Bearings given on all proposed centerlines, or baselines. ❑ Station equations relating utilities to paving, when appropriate. 8.1.2 Limits of Pavement 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 pavement limits including edge of pavement and curb gutter lines. The minimum survey information to be provided on the plans shall include the following: City of Fort Worth, Texas Page 25 of 35 Attachment A Release Date: 07.22.2021 Page 5 of 35 FORT WORTH. 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). P� err+ina es en all D (' 's D T 's D I 's Manheles Valves e n he vevrcrmut , �--r. � ,�vrarrnm��T—curc�.rctC � OR the Same• n GGeFdiRatce�stom, ao th el. No c`. thin W40 hnrlZnn+al BhenGhmaFks , nor lino or Irmo+inn p7 P eaFiRgS given on &II proposer! Gen+erlines , or baselines Ct3tl9n onua+inns relating utilities to paying, when annrnnriate. 8.2. Temporary Right of Entry Preparation an. CNbmittal The dIGG,,men+a}inn shall be preyided in GGnfGFFnanGe with the GheGI ll.N'-- a\.1SI templates available OR the Gi+a's rl0G,,mi\9t menegemen+ system resouMes fell I 'C;endUGt-a epFiate 'e nyestigatiens (e--.,, ewnei F FeGGFd.S, GG Rty/GITV reGGFds, personal in+eniieW6 .Aouvl inspeG+innG e+G.)to help idea+ify Utility OWRers that may have fa Gilities within the nrnieot limito or that may he affer+ed by the prejeG+ GG"eGt appliGable FeGGFdS{ti-g., Utility ReF a mspa, "&\9 bUilt" 9F FeGeFd histories e+n ) on the exis+en Ge and approximate Iona+ion of evil+inn irniohier•I , --Develop JJE plan oheets-and tranofa on all inv-G err „+�+n ate design plan ghee+s eler•+reniG files andler other dOG,,men+s as T wed. eg eExercise nrofessiJsal judgment }n resnlve GeRfliGtiRg Cr irnvrrrratYl71-rdep+eted,itdti ea}e• att,I}y type and ewnership• date of renTic+inr quality enr•1 points of any utility daub, line mtc 4tv , (e.g., aGtive, abandoned, et ef seFV+G+e); line size and Gen on; number of iein+lei buried Gables; and en Gasemen+ City of Fort Worth, Texas Page 26 of 35 Attachment A Release Date: 07.22.2021 Page 6 of 35 FORT WORTH (L ial'ty Level G (innli irdes tasks as rdesoriherd for Q ial0ty I eve! f)\ Identify si irfaoe features, from preie^t tepegraphio data and from field ebservations, thst sre surfaeo sppurto�ef osbssrfan� utilities. Quality Level C Survey surfaGe features ef subsurfaGe Utility faGilities or systems, of suGh feature-s have not already been surveyed yerd by a professional oNrveyer. If previous! surveyed, yed ^he^k survey data fer aooi iraG y and oempde#eness The si�7 o loll oleo innli irde (in addition to oubsurfs^e utility features visible at the grei inrd surfa%) rde#nrmma.i and#on of invert elevations of any manholes an �, kr-U tC; Ckvtohes shewing in+erier dimnncinnc a id lino eeppee#ion^ of su , manholes and vaults; any si irfaoe markings denoting subsi irfaoe utilities, furnished by utility owners for design purposes reselve ^enflie#ing inferma#inn Update da#e (er preparo) plsn sheets eleo#renie files,rd and/er ether eoi iments to ref!eGt theintegra#ien of Quality Level n and Qu ality Level r infermatinn --ReEemmend fellle,e,_i p in„es#ige#i�(e g., a onsl s...rveys nensi lta#ien with utility ewners a#a.) &c mcy he needed #e further reselve rdisorenannies Dreyirde Quality Level Gte identify utilities en the prrejent and preyirde the eyerheard utility inferma#ien en #h o � _ C IC ps�,n sheets. Level R (in^li irden WJkc s !•des^riberd fer Q ial4ty I eyel G) rdeteot su bswfaoe utilities within the preiee+ limitsand/eran/er +o +rant+ a pertl y4ar utility line er system Based on cn internretatien of s�&ts, mcrk the inrdiGations of utilities en the gre inrd sii.� faG�subsequent survey. Utilize paint er etheeF Fnethed aaGGep le fnr marking of lines Unless etherwose rdiren#od, mark ^en+erline of single_Gendwi+ lingo, and outside edges erdges of mU lti nenrdwi+ systems Reselve d4fferenGes between designated utilities and utility reGerds and surveyed appi irtenanoes Reonmmenrd additional measi Tres to reselve rdifferenoes if they still exist I7eeemmenrda#ions may ineli irde additional er different si irfaoe geephysinal methe dse evpleFateFy evoaya+iene upgrade er +e Quality Level A data. --n-- sn sIterna+iye to the physioal marking of lines the EN INEER may, wtn CITV'o spprGval, utiliza ether Bata GGI!eGtmeR, storage, retrieval, aR d ro,-edUGtion, that enables the nnrrelatien of surfaee geephysinal data +e the preien+°s survey Gen+rel City of Fort Worth, Texas Page 27 of 35 Attachment A Release Date: 07.22.2021 Page 27 of 35 FORT WORTH Level A Expose and leGate UtilitiV- 1 CF96fiG IGGatlens Toe hero'contal and `eertiGal Innafien of utility to survey Gentrel Dreyide utility size and nonfig iration rP o�ap paving th'G!,,ne?sand type, where applioohlo Previde general seil type and site Genditiens and SUGh ether pertinent infermatien as is reasannh�. I�SGertninablo from eanh test helo site. ASSUMPTIONS The following assumptions were made for the Survey and Subsurface Utility Engineering Services Task: Subsurface Utility Engineering Services is not included in the scope of work. Design Survey is for the design of the proposed trail head in Z. Boaz Park. Limits of Pavement Design Survey is for the parking lot and roads identified in Exhibit E for each of the three (3) parks. If additional survey is required for design, a separate scope and fee will be prepared for that work. DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. SUE rSn drawings sealed by a nrefessienal enevineer reevistererd in the State of Texas. City of Fort Worth, Texas Page 28 of 35 Attachment A Release Date: 07.22.2021 Page 28 of 35 FORT WORTH TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows: 9.1 Texas Department of Transportation (TxDOT) Permit Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. Completing all forms/applications necessary for a driveway permit Submitting forms/applications for CITY and TxDOT review Submitting revised forms for agency review Responding to agency comments and requests -2.2. Rsolread Permit Meet norm+into and eeerrtinate to obtain approval of the arvenn" icc� vino Oho e agreement and/or permits Gempleting all forums/applieatienc neeessary. Submitting ✓ibmitting revised ferrvms fer ageng" re„io,e, Respen`Jing to ageng" gorvmrvments and req mods -9.3 Texas Department of Lirencing and Regulation (Till ) Id tify and analyze the r 'rem is of Texas Arnhito •men �-�-�-«eq��ea�rt�x��.���otaral RarrieFs Chapter 69 Texas Ad St,Fati"e Godem and henr)me familiar with the gevern ntal ov`hnrities J having jaricdi Gtien to approve the design of the Dreient ^�T EGG NEER io r plcno that are OR gompliapoe ith TDL R req miremento ✓Jbmit GenStFUGtien dov.Urnen s to theTD R Gempleting all TD R fermc/applinatir)nc neeessan, Obtain the otantial Gomplian� f�rthe TDL Req cat an inopestien l TDLR or a TD R I AGec3:k-ility Spegiafist no lator than ? oaubo-tunticl sempletiein Advise the CITY in writing of the recur colts of the incpegtion ReSPORdiRg to agengY gommento and rem moots moo..Nt u_33eg�with TCLR plan review and inopegtieno are to he paid by the ENGINEER during the gam mrse of the proient City of Fort Worth, Texas Page 29 of 35 Attachment A Release Date: 07.22.2021 Page 28 of 35 FORT WORTH g 4 Storm Water Pollution Prevention Plan For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. Asphalt repair and overlay areas on impervious services do not require a SWPPP. The Z. Boaz Park Trailhead is the only site that will require a SWPPP. L�7�T�}�T�I:7T1�tG/_E1r'P[L'T/TISJTTf��1C�7i�T,';7�1�T.�T.T.�fJ;T.71;T7T�: agreement anther permits Completing all forms/apnligations negessan, Submitting ✓ibmitting revised farms for ageng" re„io,e, Responding to anenn" gomments and rent jests 9�odplain 6 Flee C-ep,ines � Meet negotiate and rnnrdinate to obtain approval of the agenr" icci jinn the 0 agreement anther permits Completing all ferms/applirations necessary. ✓ibmitting ferms/appligatiens fer CITY review ✓ibmitting revised forms fer ageng" re„ie,e, Responding to agenn" gomments and rent jests EN -IIIohsll Geordinate with the Gity Forester in the Dark and Recreation ��" EER , De cant, oubmit and obtain approval of a Tree Removal Permit when re €N INEEP ahsll prepare all neGessar„ forma sn� aubmit through Aggela along with required dGGun;eRtatiGR. -NvlrrA,166R She'll respond and gnordinate with the various Gity staff issuing gomments anal ebtain approval of a Grad'Rg Permit ASSUMPTIONS The following assumptions were made for the Permitting Task: Permit preparation will begin after approval of the Conceptual Design. City of Fort Worth, Texas Page 30 of 35 Attachment A Release Date: 07.22.2021 Page 30 of 35 FORT WORTH. The proposed park road and parking lot improvements are assumed to be constructed in the same general horizontal and vertical location. Therefore, any proposed work in the floodplain is assumed to be at similar elevation and floodplain permitting will not be required. The Z. Boaz Park Trailhead is the only site that will require a SWPPP. We are assuming the construction of the pedestrian improvements will be under $50,000. Therefore, a TDLR submittal is not required. We are assuming two (2) submittals to TxDOT for a driveway permit. DELIVERABLES A. SWPPP Construction Plan B. Driveway Permit and Permit Set City of Fort Worth, Texas Page 30 of 35 Attachment A Release Date: 07.22.2021 Page 31 of 35 FORT WORTH TASK 10. 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 highest 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 the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains 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. 10.1. QC/QA of Survey any JJE Jatc 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 review of the survey ap/or cubcurfaGe utility engineering (SUE) work performed by other s p,ieyors aPA WE prSWd2rs. ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. NGI IEER's Subs irfaGe Utility Engineering nreyidor ohcll c-ertify in writinrr le##or thct tho SUE inf � hca un Ass uranno pre Gess 10.2. 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 includes (1) a copy of the color -coded, original marked -up document (or "check print") developed during the QA City of Fort Worth, Texas Page 32 of 35 Attachment A Release Date: 07.22.2021 Page 32 of 35 FORT WORTH. 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 shall include, but is not limited to, 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. 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 the City's document management system (BIM360). DELIVERABLES A. QC/QA documentation City of Fort Worth, Texas Page 33 of 35 Attachment A Release Date: 07.22.2021 Page 33 of 35 FORT WORTH. TASK 10. 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 "A" Traffic Storm Storm Traffic Lights /SewerERgiReer!Rg30% Control Control Control Attachment Signal Water Water (wit (Submit 60% 90% Type (Submit All 30% 6"0 (mil @ 30%) � 600ll @ @ 60%) Required for all work in City ROW Street X X X Storm Water X X X Water / Sewer *If included in street project City of Fort Worth, Texas Page 34 of 35 Attachment A Release Date: 07.22.2021 Page 33 of 35 FORT WORTH 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. Preliminary Design (60%) Subsurface Utility Engineering (SUE) Services related to development of the CITY's project financing and/or budget. Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. Construction management and inspection services Specialty testing services. Services necessary due to the default of the Contractor. Services related to damages caused by fire, flood, earthquake, or other acts of God. Services related to warranty claims, enforcement, and inspection after final completion. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. Grading Permit Floodplain Permit (CITY or FEMA) Urban Forestry Permit Tree Survey or Tree Preservation Plan As -Built Survey Structural Design Electrical Design Monument Entry or Signage Design Construction Staking TDLR Permitting (including review and inspection) City of Fort Worth, Texas Page 35 of 35 Attachment A Release Date: 07.22.2021 Page 33 of 35 ATTACHMENT B COMPENSATION Design Services for Trinity Park, Pecan Valley Golf Course, and South Z. Boaz Park City Project Nos. 104528, 104530, and 104535 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sum fee of $327,147.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Parks and Com m unity Services Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 3 AM IV. Summary of Total Project Fees Firm Prime Consultant Peloton Land Solutions, Inc. ATTACHMENT B COMPENSATION Primary Responsibility Project Management, Design, Design, Bid Phase, Survey, Construction Phase Services, Permitting Proposed MWBE Sub -Consultants Alliance Geotechnical Geotechnical Investigation & Group Report and Material Testing Non-MWBE Consultants Project Number & Name 104528 Trinity Park; 104530 Pecan Valley Golf Course; 104535 South Z. Boaz Park City MWBE Goal = 8.00% City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 3 TOTAL Fee Amount $294,217.00 89.94% $32,930.00 10.06% $0.00 0% Total Fee MWBE Fee MWBE % $327,147.00 $32,930.00 10.06% Consultant Comm tted Goal = 10.06% AM EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 3 AM Professional Services Invoice Project: City Project #: City Sec Number: Company Name: Summary Supplier Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Supplier's PM: email: Supplier Invoice #: Office Address: Payment Request #: Telephone: Service Date:From Fax: Service Date:To Invoice Date: Remit Address: Agreement LTD Agreement Amendment Amountto Completed Sheet FID and Work Type Description Amount Amount Date Amount Work Type 'I Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Invoice Overall Percentage Spent: Percent ($) Invoiced Current Remaining Spent Previously Invoice Balance Professional Services Invoice Project: City Project #: Work Type Desc: FID: City Sec Number: Purchase Order: Company Name: Supplier's PM: Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: email: Office Address: Telephone: ax: Remit Pay Items Description Totals This Unit: Project Manager: Supplier Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities W hen your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Agreement LTD Agreement Amendment Amendment Amountto Completed Amount Number Amount Date Amount I Overall Percentage Spent: Percent ($) Invoiced Current Remaining Spent Previously Invoice Balance Level of Effort Spreadsheet TASKIHOUR BREAKDOW Design Services for Trinity Park, Pecan Valley Golf Course, and South Z. Boaz Road & Parking Improvements City Project Nos. 104528, 104530, and 104535 Labor (ho rs) Task Description Task No. Principal Sr. Project Project Civil Civil Survey Party Instrument EIT CAD RPLS Administrath RatE $300 Manager $280 Manager $230 Engineer Designer $1� $1 Tech Chief Man 5140 $11 $22 $160 $140 516 1.0 Project Management 106I 3 I 1 1.1 Managing the Team 1.1.1' Internal Team Meetings 4J 4 1. 1.' QA/QC $ 1fi 24 1.2 Communications and Reporting 1.2.1Pre-Design Coordination Meeting 4 4 4 1.2.. Monthly Project Update Meetings 14 14 14 1.2.: Constructability Review Meeting 4 4 4 1.2.z Prepare Baseline Schedule L 4 Prepare Monthly Progress Reports with 1.2.E Schedule 14 1.2.E Prepare Monthly MBE/SBE Reports 14 1.2.7 Invoicing 14JJJ 2.0 sign (30-Percent) 91 I 26 6 I - 01 �I 94J 32 01 OI OI 01 2.1 Data Collection (( 4a 2.2 Subsurface . ,, Engineering4Q 2.3 UZ...EyGlearance 2.4 Engineering Design Report 2 4 2 2.5 Conceptual (30%) Plans 4 6 32 54 32 Geotechnical I nvestigation/Pavement 2.6 Design 1 2 4 2.7 Project Decision Log 4 J 2.8 Construction Estimate 2 4 8 16 1 3.0 Preliminary DesignPercenlriiiiiiiiiiii� 01 OI 0 01 01 OI OI OI OI OI 3.2 3-.3 34 33 3,43 3-.7 4.0 Final Design -Final Draft (90%) Construction Plans and 4.1 Specifications 2 4.2 Final (100%) Plans and Specifications 4.3 Project Decision Logs (90 % and 100 % ) 4.4 Construction Estimates (90% and 100%) as" 0 5.1 Bid Support Sell Contract Documents and Maintain 5.1.1 Plan Holders List 5.1.7 Issue Addenda 5.1. Attend Pre -bid Conference 5.1. Attend Bid Opening 5.1. Tabulate Bids and Recommend Award 5.1.6 Issue Conformed Contract Documents Construction Phase Services 4I City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 16 44 4s 0 ,Z2� 0 0 0 0 8 24 32 481' 1 ' 4 (2 4 H10 2 0 ,0 0 0 0 2 4 8 •2 9 16 4 4 4 4 2 4 8 2 4 8 4 261 561 81 OI 136 OI OI OI 01 Exhibit B-2 txpense Total Expense Subconsultant Task Sub Total Travel Reproduction Cost MW E Non-MW J $ J $ i $ $51,241 $11,691 $12,401 1 97SI 2,781 1,481 $20,9301 $01 $d $404 $21 $20,930 $20,93. $22, $d $01 $d $ $d $01 $d $d 54 $46 $q $off $q $q $q $18 $12,0001 $01 $d $d $1 1 of 2 Exhibit B-2 Level of Effort Spreadsheet TASK/HOUR BREAKDOW Design Services for Trinity Park, Pecan Valley Golf Course, and South Z. Boaz Road & Parking Improvements City Project Nos. 104528, 104530, and 104535 Task Description Task No. Principal Sr. Project Manager Project Manager Civil Engineer Civil Designer Labor Hours EIT CADD RPLS Survey Tech Party Chief Instrument Man Administrative Total Labor Cost tx ense p Subconsultant Travel Reproduction E Non-MW E $12,006 $ $0 $ $ Total Expense Cost Task Sub Total Rat $300 $280 $230 $185 $150 $140 $120 $220 $160 $140 $105 2-1MW 6.1 Construction Support 6.1. ( Attend Preconstruction Conference 4 4 64-:.e 6.1 "' Project Site Visits d 16 4() 6.1' Submittal Review 2 $ 1f Request for Information/Change Order 6.1. Review 8 16 40 6.1. Final Walk Through and Punch List 4 d 1E 6.2 Record Drawings 4 Fj 4 6.3 Construction Material Testing 4 ij 16 2,32 $ 2,32 11,52 $4,64 11,52 $ $4,64 $11,52 $ $11,52 5,20 2,52 5,20 2,52 $4,64 3,440 $12,00 $16,640 7.0 ROW Easement Services 1 4 4 0 0 0 8 0 0 0 0 0 3,440 7.4 R ght of "'aarc, 7.2 5;u4aatttal^/^ -reparaton and 7-.3 7.4 Property Owner Access Coordination 4 4 3 6 10 0 12 48 ir 12 80 136 13 0 $ $ $ $0 $ $ $ $ $ $3,44 $ $3,440 8.0 Survey 0 $60,270 8.1 Design Survey 8.1. Design Survey Trailhead Limits of Pavement Design Survey Temporary Right of Entry Submittal 8.3 Construction Survey Permitting 0 1 4 2 4 12 6 32 0 1 3' 3' 4 0 $ $0 $ $ $19,768.1. 260],27 $ $40,518.2 $19 $ $9.0 0 0 0 $ $19,88 9.1 SWPPP 2 4 8 32 0.2 9.4 TxDOT 2 $ 24 4(1 9.5 Railroad 9.6 TDLR 9.7 uity of Fort Worth Narks Conversion $7,44 $ $ $7,44 $ $ 12,44 $ 12,44 $ $ S Total291 1491 3163161 206 01 4561 144 12 801 136 1361 1 $292,17 $32,930 $01 $ $40C $33,331 $ City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 vro/ec ummary �I I Hours Total Label 1,li/ 9,/ Total Expense N33,33 MBE/SBE Subconsultant $32,93 Non-MBE/SBE Subconsultant 5% Sub Markup MBE/SBE Parhapatiofl 11,64 0.1 I otal Project Cos[I $Ut,14 2 of ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Trinity Park, Pecan Valley Golf Course, and South Z. Boaz Park Improvements City Project Nos. 104528, 104530, 104535 NONE City of Fort Worth, Texas Attachment C 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 Attachment D Revision Date: 07.20.2018 Page 1 of 1 FORT '1W�ORRTTH�.. i ID Task Name Duration Start Finish Prede 1 Design 197 days Tue 8/8/23 Wed 5/8/24 Project Schedule Trinity Park, Pecan Valley Golf Course, and South Z. Boaz Road Fort Worth, TX Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Aug Cep Oct I Nov Dec Jan Feb Mar I Apr I May I Jun I Jul I Aug I Sep I Oct Nov Dec I Jan 2 City Council Approval 1 day Tue 8/8/23 Tue 8/8/23 ® 81 3 Notice to Proceed (NTP) 1 day Wed 8/23/23 Wed 2FS+1 1 8/23/23 days 4 Conceptual Design (30%) 58 days Thu 9/28123 Mon 12/18/23 5 Design Kick -Off Meeting 1 day Thu 9/28/23 Thu 9/28/23 3FS+2 days 6 Site Visit/Condition Assessment 5 days Fri 9/29/23 Thu 10/5/23 5 7 Design Survey 30 days Fri 9/29/23 Thu 11/9/23 5 8 Geotechnical Investigation and 35 days Fri 9/29/23 Thu 5 Report 11/16/23 9 Prepare Conceptual Design Drawings 25 days Fri 10/6/23 Thu 11/9/23 6 & Documents 10 Submit Conceptual Plans to CFW 1 day Fri 11/10/23 Fri 11/10/23 9 11 Review Conceptual Plan (CFW) 10 days Mon 11/13/23 Fri 11/24/23 10 12 Incorporate Comments and Submit 10 days Mon 11/27/23 Fri 12/8/23 11,7, Revised Conceptual Drawings 13 Peer Review Meeting/Design Review 1 day Mon 12/11/23 Mon 12 Meeting (Technical) 12/11/23 14 Revise Conceptual Design and 5 days 'Tue 12/12/23 Mon 13 Complete 12/18/23 15 Final Design (90 % & 100%) 102 days Tue 12/19/23 Wed 518/24 16 Prepare Final Design Plans and 30 days Tue 12/19/23 Mon 14 Specifications 1/29/24 17 Submit Final Plans (90%) to CFW 1 day Tue 1/30/24 Tue 1/30/24 16 18 Review Final Plans (90%) (CFW) 10 days Wed 1/31/24 Tue 2/13/24 17 19 Incorporate Final Comments and 15 days Wed 2/14/24 Tue 3/5/24 18 Submit Final Design (100%) 20 Approve Final Plans and Specifications 15 days Wed 3/6/24 Tue 3/26/24 19 and Route for Signatures 21 Final Design Complete 1 day Wed 3/27/24 Wed 20 3/27/24 22 Establish MBE Goal for Construction 10 days Thu 3/28/24 Wed 21 Contract 4/10/24 P E LOTO N Pagel Wed 9/13/23 jI LAN ❑ SOLUTION S a W--d m ,aa,, FORT '1... WORTH i ID Task Name Duration Start Finish Prede 23 Prepare Bid Package 20 days Thu 4/11/24 Wed 5/8/24 22 24 Construction 165 days Thu 5/9/24 Wed 12/25/24 25 Bid and Award 37 days Thu 519/24 Fri 6/28124 26 Advertisement for Bid 1 day 'Thu 5/9/24 Thu 5/9/24 23 27 Bidding (Including Pre -Bid Meeting) 20 days Fri 5/10/24 Thu 6/6/24 26 28 Award Construction Contract 1 day Fri 6/28/24 Fri 6/28/24 27FSi days 29 Trinity Park Road/Parking 107 days Mon 7/1124 Tue Improvements 11/26/24 30 Mobilization 1 day Mon 7/1/24 Mon 7/1/24 28 31 Demolition 10 days 'Tue 7/2/24 Mon 30 7/15/24 32 Paving 45 days Tue 7/16/24 Mon 31 9/16/24 33 Pavement Markings 15 days Tue 9/17/24 Mon 32 10/7/24 34 Clean Up & Punch List 15 days Tue 10/8/24 Mon 33 10/28/24 35 Delay Days (Estimated) 20 days Tue 10/29/24 Mon 34 11/25/24 36 Project Acceptance 1 day Tue 11/26/24 Tue 34,35 11/26/24 37 Pecan Valley Golf Road/Parking 77 days Mon 7/1/24 Tue Improvements 10/15/24 38 Mobilization 1 day Mon 7/1/24 Mon 7/1/24 28 39 Demolition 10 days Tue 7/2/24 Mon 38 7/15/24 40 Paving '25 days 'rue 7/16/24 Mon 39 8/19/24 41 Sodding 10 days 'rue 8/20/24 Mon 9/2/24 40 42 Clean Up & Punch List 15 days Tue 9/3/24 Mon 41 9/23/24 43 Delay Days (Estimated) 15 days 'rue 9/24/24 Mon 42 10/14/24 44 Project Acceptance 1 day 'rue 10/15/24 Tue 42,43 10/15/24 'll P E LOTO N LAN❑ SOLUTIONS a wesewood rompany Project Schedule Trinity Park, Pecan Valley Golf Course, and South Z. Boaz Road Fort Worth, TX Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Aug 'ep Oct Nov Dec Jan Feb Mar Apr May I Jun I Jul I Aug I Sep I Oct I Nov Dec Jan Construction Page 2 Bid and Award .. 5/� l41 6128 Trinity Park RoadlParking Improvements Pecm Valley Golf RoadlParking Improvements 7/1 10/15 Wed 9/13/23 Project Schedule FORT WORTH.. Trinity Park, Pecan Valley Golf Course, and South Z. Boaz Road Fort Worth, TX ID Task Name Duration Start Finish Prede 2024 2025 Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Aug '-en Oct Nov Dec Jan Feb Mar Apr Mav Jun Jul I A Sao Oct I Nov Dec Jan 45 South Z. Boaz Road/Parking 128 days Mon 7/1/24 Wed South ZBoaz Road/Parking Improvements Improvements 12/25/24 1 46 Mobilization 1 day Tue 8/20/24 Tue 8/20/24 40 q S/20 47 Demolition 10 days Wed 8/21/24 Tue 9/3/24 46 lli 48 Paving 30 days Wed 9/4/24 Tue 47 10/15/24 49 Sodding 1S days Wed 10/16/24 Tue 11/5/24 48 50 Clean Up & Punch List 15 days Wed 11/6/24 Tue 49 11/26/24 51 Delay Days (Estimated) 20 days Wed 11/27/24 Tue 50 12/24/24 52 Project Acceptance 1 day Wed 12/25/24 Wed 50,51 12/25/24 12/25 53 South Z. Boaz Trailhead 102 days Mon 7/1/24 Tue South Z. Boaz Trailhead 11/19/24 54 Mobilization 1 day Mon 7/1/24 Mon 7/1/24 28 55 SWPPP S days Tue 7/2/24 Mon 7/8/24 54 l 56 Demolition 10 days Tue 7/9/24 Mon 55 7/22/24 i 57 Paving 35 days Tue 7/23/24 Mon 9/9/24 56 58 Sodding 15 days Tue 9/10/24 Mon 57 9/30/24 59 Clean Up & Punch List 15 days Tue 10/1/24 Mon 58 10/21/24 60 Delay Days (Estimated) 20 days Tue 10/22/24 Mon 59 11/18/24 61 Project Acceptance 1 day Tue 11/19/24 Tue 59,60 11/19/24 ® 11/19 P E LOTO N Page Wed 9/13/23 1 1 L A N. S O L U T I O N S a Westwood —p-y r � , N • M1 � \ 04 spar Go\4 Coos Me RePaees y 1 psP\'a\t parKtn95P ft �y '\C . GracR \ . Fo9 i to9 4 � • . Re,Str P yy�� TtiZ �10 ram. ��� �� • �� lKs pgGSR Bip to Pa Dyed spat' s \t RePe'a ASPSVt Ra . Fu11 DBPto Mii\in9 �21 . Ed9e pveAaY or �Y�Y r •I �,•,J � r , 4 � 150 o��5e 0 ieet Golf G ove�ents 1 n�h , 30 o v a��ey ,�e %mpr peGaLpt SO rth,TeXaS Furs h\ Q2►�k�C►9 Ma! 2p23 Ol �pN° 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. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. 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 exe cution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or prior to the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. 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 Attachment Code: D583373 Certificate ID: 19837717 CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, Attachment Code: D583373 Certificate ID: 19837717 including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage pan`. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 7011509284 Page 1 of 2 Endorsement No: 9 The Continental Insurance Co. Effective Date: 11/1/2022 Insured Name: WESTWOOD PROFESSIONAL SERVICES, INC. CopyrightCNAAIIRightsReserved. IncludescopyrightedmaterialoflnsuranceServicesOff ce, I nc.,withitspermission. CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; Attachment Code: D583373 Certificate ID: 19837717 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 7011509284 Page 2 of 2 Endorsement No: 9 The Continental Insurance Co. Effective Date: 11/1/2022 Insured Name: WESTWOOD PROFESSIONAL SERVICES, INC. CopyrightCNAAIIRightsReserved. IncludescopyrightedmaterialoflnsuranceServicesoff ce, I nc.,withitspermission. Attachment Code: D583373 Certificate ID: 19837717 CNA PARAMOUNT Amendment -Additional Insured Limit Provisions This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: When the Named Insured agrees in a written contract to make another entity an Additional Insured, and to carry particular limits of liability insurance, and • The minimum limit of insurance the written contract requires the Named Insured to carry is lower than the limit of insurance otherwise provided by this Policy; and • The written contract does not specify a limit of liability for insurance that applies excess of this Policy, then provisions in this Policy's Additional Insured endorsements that cap the limits available to such Additional Insureds to no more than the amount specified by the written contract continue to apply. In all other instances, however, such provisions in all Additional Insured endorsements attached to this policy do not apply, and are hereby rendered null and void. In no event, however, will the limits of insurance available under this Policy to an Additional Insured be higher than the limits available to the Named Insured. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Page 1 of 1 Insured Name: WESTWOOD PROFESSIONAL SERVICES, INC. Copyright CNA All Rights Reserved. Policy No: 7011509284 Endorsement No: Effective 11 /1 /2022 Date: Attachment Code: D583373 Certificate ID: 19837717 Business Auto Policy Policy Endorsement B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.S. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. Form No: CNA63359XX (04-2012) Policy No: 7011509298 EFF Date: 11/1/2022 Attachment Code: D583373 Certificate ID: 19837717 CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to CNA74858XX (1-15) Policy No: 7011509284 Page 16 of 18 Endorsement No 7 The Continental Insurance Co. Effective Date: 11/1/2022 Insured Name: WESTWOOD PROFESSIONAL SERVICES, INC. Copy CNA All rights Reserved. Includes copyrighted material of Insurance Services Office., Inc with its permission. Attachment Code: D583373 Certificate ID: 19837717 POLICY NUMBER: 7011509298 CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an 'insured' under any other liability 'policy' providing 'auto'coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) 'Bodily injury' or 'property damage' caused by an 'accident' that occurred before you acquired or formed the organization; or (2) Any such organization that is an 'insured' under any other liability "policy" providing "auto' coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an 'insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an 'insured" under Section II — Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. CNA63359XX (Ed. 04/12) Attachment Code: D583373 Certificate ID: 19837717 Workers Compensation And Employers Liability Insurance Policy Endorsement 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. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Endorsement Effective Date: 11/1/2022 Policy No: 7011509303 (AOS) City of Fort Worth, Texas Mayor and Council Communication DATE: 08/08/23 M&C FILE NUMBER: M&C 23-0668 LOG NAME: 80R&P IMP AT TRINITY PARK, PECAN VALLEY GC & Z BOAZ PARK SUBJECT (CD 3 and CD 9) Authorize an Engineering Services Agreement with Peloton Land Solutions, Inc., in an Amount Up to $335,667.00 to Provide Engineering Services for Road and Parking Lot Improvements at Trinity Park, South Z. Boaz Park, and Pecan Valley Golf Course (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Services Agreement with Peloton Land Solutions, Inc. in an amount up to $335,667.00, for engineering services associated with the design of road and parking lot improvements at Trinity Park (City Project No. 104528), South Z. Boaz Park (City Project No. 104535) and Pecan Valley Golf Course (City Project No. 104530). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an Engineering Agreement with Peloton Land Solutions, Inc., in an amount of $335,667.00, for engineering services associated with the design of road and parking lot improvements at Trinity Park, South Z. Boaz Park and Pecan Valley Golf Course. The 2022 Bond Program, Proposition A: Streets and Mobility Infrastructure Improvements, Neighborhood Street Rehabilitation/Reconstruction, included $1,500,000.00 for Trinity Park Road and Parking Improvements and $1,500,000.00 for Pecan Valley Park Road and Parking Repaving. "The following construction/reconstruction/rehabilitation projects will primarily address deteriorating streets throughout the City, including failed or poor condition park roads. Possible techniques include rehabilitation, reconstruction, repair, or replacement and may involve new concrete or asphalt travel lanes; projects may also include associated infrastructure such as bridges, curb and gutter, drainage facilities, driveways, sidewalks, and street lights. The streets selected were identified to be in poor condition through an Overall Condition Index survey, which rates street segments based on condition and quality. " Funding for the road and parking improvements at South Z. Boaz Park in the amount of $582,128.00 was included in the Fiscal Year 2023 Park & Recreation Department Capital Improvement Program. The Trinity Park Road and Parking and Pecan Valley Golf Course Road and Parking projects are included in the 2022 Bond Program. The City's Extendable Commercial Paper Program (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to 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). DVIN-BE - Peloton Land Solutions, INC. is in compliance with the City's Business Equity Ordinance by committing to 9% MWBE participation on this project. The City's MWBE goal on this project is 8%. Trinity Park is located in COUNCIL DISTRICT 9. Pecan Valley Golf Course and South Z. Boaz Park are located in COUNCIL DISTRICT 3. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the 2022 Bond Program Fund for the 22 Bond Trinity Park Road project and the 22 Bond Pecan Valley GC Road project and in the General Capital Projects Fund for the FY23 Z Boaz South Park Road project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Park & Recreation Department has the responsibility to validate the availability of funds. Submitted for Citv Manager's Office by Oriqinatinq Business Unit Head: Jessica McEachern 5804 Dave Lewis 5717 Additional Information Contact: Scott Penn 5750