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HomeMy WebLinkAboutContract 60440CSC No. 60440 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 CONSOR ENGINEERS LLC, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Trinity Metro Bus Pad — Phase 1 — Project No. 105012. 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 $99,964.00 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 original effective date. City of Fort Worth, Texas Trinity Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 Revised Date: November 23, 2021 Page 1 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 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 Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 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 Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 Revised Date: November 23, 2021 Page 4 of 15 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in City of Fort Worth, Texas Trinity Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 Revised Date: November 23, 2021 Page 5 of 15 effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas Trinity Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 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 Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 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 Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 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 Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 Revised Date: November 23, 2021 Page 9 of 15 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth, Texas Trinity Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 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 Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 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 Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 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 Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 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 William Johnson (N v 8,202317:25 GMT+1) William Johnson Assistant City Manager g4p400n� Date: Nov 8, 2023 �%oOF F OR T 0 d0 p_ ° °o9�;a ATTEST: dV8 0=4 L b Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: /'&a Lauren Prieur Director, Transportation and Public Works, Capital Delivery Division BY: ENGINEER CONSOR ENGINEERS LLC Zina Schwartz, PE EVP, Central Region Executive Director Date: Oct 23, 2023 APPROVED AS TO FORM AND LEGALITY M&C No.: N/A ndso-VII I By:DBlack (Nov 6, 7073 17:37 CS 1 ) Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 14 of 15 M&C Date: N/A Trinity Metro Bus Pad — Phase 1 CPN 105012 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. ISKal SHreSfl7a Iskal Shrestha (Oct 25, 2023 09:27 CDT) Iskal Shrestha, P.E., PMP, CCM Sr. Project Manager, TPW City of Fort Worth, Texas T inity Metro Bus Pad — Phase 1 Standard Agreement for Engineering Related Design Services CPN 105012 Revised Date: November 23, 2021 Page 15 of 15 FORT WORTH® ATTACHMENT "A" Scope for Enaineerina Desian 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 City of Fort Worth is collaborating with Trinity Metro to provide new and replace existing bus shelter pads and bus bench pads. WORK TO BE PERFORMED Task 1. Design Management Taok 2. Seaeaptual PaSigR %-i Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Taolc E. Bid Phase SeFymGe Task 6. Construction Phase Services Task . Task 8. ROW/Easen}ent Serv+Ees Survey a -Rd ✓ibaarfaGe Utility Engineering Services Taok 9. ReFmitting Task 10. Quality Control/ Quality Assurance City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 1 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 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 • Attend one (1) constructability review meeting with CITY representatives, including Traffic Management, at the 60% submittal milestone • Conduct and document bi-weekly project update meetings with CITY Project Manager • 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. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 2 of 19 Page 2 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 FORT WORTH® authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • One (1) pre -design project kickoff/chartering meeting • One (1) constructability review meeting during design • Six (6) bi-weekly project update meetings during design phase • Two (2) plan review meetings • All submittals to the City will be Quality checked prior to submission. • Project design phase is anticipated to take three (3) months. • Project construction phase is anticipated to take six (6) months. • Six (6) monthly updates of Project Status Reports, MWBE forms, TPBE, Risk Register, and project Schedule. DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes E. Monthly Project Status Reports F. Plan Submittal Checklists (See Task 10) G. Monthly invoices H. Monthly M/WBE Report Form and Final Summary Payment Report Form City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 3 of 19 Page 3of19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 FORT WORTH® TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Data Collection • 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. 3.2. Utility Clearance • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Conceptual Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination. The ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in the City's document management system (BIM 360) for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. 3.3. The Preliminary Design Drawings and Specifications 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. • Existing typical sections of the roadway to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. • 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. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 4 of 19 Page 4 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 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 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. • No less than two bench marks per plan/profile sheet. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Bus stop bench pad layout sheets including ROW lines, horizontal alignments, utilities, curbs, sidewalks, driveways, lane dimensions and arrows, and existing and proposed contours (0.25' intervals) • Preliminary roadway details to include curbs, curb expansion joints, driveways, sidewalks, pavement, streetlights, traffic signals and all applicable utility details. • Preliminary signing. • Documentation of key design decisions. • Estimates of probable construction cost. 3.4. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.5. Utility Clearance The ENGINEER show the utilities to the extent possible with the available As - built and locator maps provided by the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs • Where conflicts cannot be avoided, coordination of Utility Conflicts will be identified at the Conceptual phase and begin at the Preliminary Design phase. In the case of a private Utility Conflict, the ENGINEER shall upload a set of plans in PDF format with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts in the City's document management system (BIM 360). The PDF file should be created directly from the CAD files. At each design milestone, the City PM will issue a Utility Clearance Letter to be accompanied by said plans and City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 5 of 19 Page 5 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 FORT WORTH® table to all utility companies which have facilities within the limits of the project for coordination The ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • ENGINEER to obtain utility As -built plans and/or do field visits to confirm relocation is complete and that the utility has been relocated in accordance with the plans and the project needs, report any discrepancies found, and provide documentation to support findings. • ENGINEER to upload all utility As -built plans in the City's document management system (BIM 360) ASSUMPTIONS • Three (3) sets of 11"x17" size plans will be delivered for the 60% design for review coordination. • The following shall be uploaded to the designated project folder in the City's document management system (BIM 360): ■ Single PDF file created from design CAD drawings. ■ The Project Manual (Contract and Specifications) ■ All other submitted documents and checklists ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications including QC/QA documentation B. Utility Conflict Coordination Package C. Estimates of probable construction cost City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 6 of 19 Page 6of19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 FORT WORTH® TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans (90%) and Project Manual shall be submitted to CITY per the approved Project Schedule. • The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in the Utility Clearance Letter to be issued by the City PM. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • A Quantity Summary page will be included in 100% design plans. Each design sheet of the plans shall also include a quantity take off table. • The ENGINEER shall submit an estimate of probable construction cost with the 100% design package. This estimate shall use standard CITY or TxDOT bid items, as applicable. ASSUMPTIONS • Three (3) sets of 11 "x17" size drawings 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 the City's document management system (BIM 360). • 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. 100% construction plans including QC/QA documentation. B. Utility relocation package. C. Final Drainage Checklist D. 100% construction plans 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 Attachment A Release Date: 07.22.2021 Page 7 of 19 Page 7of19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 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. • The ENGINEER shall upload all plans onto the City's document management system (BIM 360) for access to by City's on -call contractors. City will utilize existing unit price contracts for letting the design project. • Bid Proposal Document of the Contract documents shall be uploaded in a file format of filename extension ".xls". • 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. ASSUMPTIONS • Project will be constructed by a City on -call 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. Construction documents (conformed) B. CFW Data Spreadsheet City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 8 of 19 Page 8of19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 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. • The ENGINEER shall attend one on -site 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 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 up to three 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 o Red -Line Markups from the Contractor o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 9 of 19 Page 9of19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 FORT WORTH® 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. • There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set, if required. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Sinqular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in 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 fund codes have been assigned and are in the Department of Transportation and Public Works database. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 10 of 19 Page 10 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 FORT WORTH® ASSUMPTIONS • One (1) site visits are assumed. • One (1) submittal reviews are assumed. • Three (3) RFI's are assumed. • One (1) Change Orders are assumed. DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of shop drawings D. Final Punch List items E. Record Drawings in digital format City of Fort Worth, Texas Page 11 of 19 Attachment A Release Date: 07.22.2021 Page 11 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 FORT WORTH® TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right -of -Way Research • Based on Tarrant County Parcel GIS Information the ENGINEER shall identify potential rights -of -way and easement needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Approximate ROW Determination • The ROW line will be approximately shown based on any survey corner pins/monuments, curb lines or other features gathered in the topo and compared with As-built/plat maps of the project area. This ROW determination will not be a full boundary solution of the ROW line and closed parcel. ASSUMPTIONS Right -of -Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD records, right-of-way takings, easement vacations and abandonments, right-of- way vacations, and street closures. DELIVERABLES A. N/A City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 12 of 19 Page 12 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 FORT WORTH® TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey 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 in surface coordinates based on Tarrant County TxDOT surface scale factor, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 13 of 19 Page 13 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 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: 9.3 Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. • Submit construction documents to the TDLR • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. 9.4 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. 9.7 Tree Removal Permit • ENGINEER shall coordinate with the City Forester in the Park and Recreation Department, submit and obtain approval of a Tree Removal Permit when required. 9.8 Grading Permit • ENGINEER shall prepare all necessary forms and submit through Accela along with required documentation. • ENGINEER shall respond and coordinate with the various City staff issuing comments and obtain approval of a Grading Permit. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 14 of 19 Page 14 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 FORT WORTH® ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. • 1 meeting will be combined with other coordination meetings for the discussion of permit. DELIVERABLES A. Copies of Permit Applications B. Copies of Approved Permits City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 15 of 19 Page 15 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 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 • 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 work performed by other surveyors. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 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 checking process and/or review forms which sequentially list documents and City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 16 of 19 Page 16 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 FORT WORTH® 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 Attachment A Release Date: 07.22.2021 Page 17 of 19 Page 17 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 FORT WORTH® TASK 10. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAY SUBMITTAL CHECKLIST REQUIREMENTS Street Water Traffic Traffic Traffic Traffic Storm Storm Lights "A" /Sewer Traffic Control Control Control Attachment Signal Water Water (Submit (Submit Engineering 30% 60% 90% Type (Submit All 30% 60% All @ (Submit All All @ @ 30%) 30% @ 60%) 60%) Required for all work in City ROW Street X X X X V X X X X *If included in street project City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 18 of 19 Page 18 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 FORT WORTH® ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing ScoDe of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 19 of 19 Page 19 of 19 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 ATTACHMENT B COMPENSATION Design Services for Trinity Metro Bus Pad - Phase 1 City Project No. 105012 Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Cateaory Rate for the ENGINEER's team member performing the work. Labor Cateaory Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2023 Rate 2024 Rate ($/hour) ($/hour) Project Director $237 $248 Project Manager $195 $204 Project Engineer $165 $173 EIT $123 $129 CADD $92 $96 Administrative $67 $70 Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of five percent (5%). City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 4 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 4 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 AM ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % CONSOR ENGINEERS LLC $66,434.00 66.5 Proposed MWBE Sub -Consultants LIM & ASSOCIATES SURVEY $15,090.00 15.1 Non-MWBE Consultants James DeOtte SURVEY $15,240.00 15.2 Victory Associates TLDR $3,200.00 3.2 TOTAL $99,964.00 100% Project Number & Name Total Fee MWBE Fee MWBE % 105012 Trinity Metro Bus Pad - Phase 1 $99,964.00 $15,090.00 15.1 % City MWBE Goal = N/A Consultant Committed Goal = 15 % City of Fort Worth, Texas Trinity Metro Bus Pad - Phase 1 Attachment B CFW Project No. 105012 Revised Date: 12/9/2022 Page 3 of 4 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 Professional Services Invoice Project Manager: Ilskal Shrestha Project: ITrinity Metro Bus Pad - Phase I City Project #: 1105012 City Sec Number: Company Name: ICONSOR Engineers, LLC Supplier's PM: Caleb Hing Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Summary Supplier Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: ching@consoreng.com Office Address: 600 West 6th Street, Suite 150, Fort Worth, TX Telephone: 261-49 3-4140 Fax: fax Remit Address: ar@consoreng.com 14142 Denver West Pkwy, Bldg. 51, Ste 250, Lakewc Agreement LTD Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Sheet FID and Work Type Description Amount Amount Date Amount Spent Previously Invoice Balance Work Type 1 Engineerinq Services - CONSOR $66,434.00 $66,434.00 $66,434.00 Work Type 2 Surveying Services - DeOtte $15,240.00 $15,240.00 $15,240.00 Work Type 3 Surveying Services - Lim $15,090.00 $15,090.00 $15,090.00 Work Type 4 TDLR Services - Victory Accessibility $3,200.00 $3,200.00 $3,200.00 Work Type 5 Work Type 6 Totals This Invoice $99,964.00 $99,964.00 $99,964.00 Overall Percentage Spent: Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 CONSOR Engineers, LLC 1281-4934140 600 West 6th Street, Suite 150, Pk g. 51, to Lakewood"O Fort Worth, TX Pkwy, Bldg. 51, Ste 250, kewooCO unem CFW Project Manager Iskal Shrestha Supplier's Project Manager: JCaleb wing Supplier's PM email: ching@consoreng.com Name of Project: Trinity Metro Bus Pad - Phase I Labor Cateaonr Name Invoice Supplier Project No. Proj. Invoice No. Invoice date: Period Service Date:From Service Date:To City Secretary Contract #: P.O. Number: Hours Rate IS/hrl Project Director 0.0 237.00 Project Manager 0.0 195.00 Project Engineer 0.0 165.00 EIT 0.0 123.00 CADD 0.0 92.00 Administrative 0.0 67.00 Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Labor 0.0 $0.00 Subcontract Service Lim &Associates -Surve DeOtte -Surve Victory Acessibilit -TDLR Subcontractor Subtotal 5 Percent Markup on Subcontract Services Nonlabor Expenses Data Collection - Travel $ Preliminary Design Drawings - Travel $ Final Design Drawings - Travel $ Nonlabor Expense Subtotal $ Total Expenses (Subcontract Services+Markup+Non labor Expenses) $ .00 TOTAL DUE THIS INVOICE $ .00 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 Professional Services Invoice Project: Trinity Metro Bus Pad - Phase I City Project #: 105012 Work Type Desc: Engineering Services - CONSOR FID: City Sec Number: Purchase Order: Company Name: CONSOR Engineers, LLC Supplier's PM: Caleb Hing Supplier Invoice #: Caleb Hing Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items 30 - Design 31 - Conceptual Design 32 - Preliminary Design 33 - Final Design 85 - Construction Services 85 - Construction Services 30 - Design Description Project Manager: Iskal Shrestha Supplier Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Bu=saw and Add your invoice to the Consultant folder within Project's folder. email: ching@consoreng.com Office Address: 600 West 6th Street, Suite 150, Fort Worth, TX Telephone: 281-493-4140 Fax: fax Remit Address: ar@consoreng.com 14142 Denver West Pkwy, Bldg. 51, Ste 250, Lakewooc Project Management Data Collection Bid Phase Construction Phase 5% Sub Markup Totals This Unit: Agreement LTD Agreement Amendment Amendment Amount to Completed I Percent Amount Number Amount Date Amount Spent $5,336.00 $5,336.00 $2,890.00 $2,890.00 $41,166.00 $41,166.00 $11,400.00 $11,400.00 $660.00 $660.00 $3,465.00 $3,465.00 $1,517.00 $1,517.00 $66,434.00 $66,434.00 Overall Percentage Spent: ($) Invoiced I Previously Current Invoice Remaining Balance $5,336.00 $2,890.00 $41,166.00 $11,400.00 $660.00 $3,465.00 $1,517.00 $66,434.00 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 Professional Services Invoice Project: Trinity Metro Bus Pad - Phase I City Project #: 105012 Work Type Desc: ISurveying Services - DeOtte FID: City Sec Number: Purchase Order: Company Name: CONSOR Engineers, LLC Supplier's PM: Caleb Hing Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items 51 - Preliminary Survey 51 -Preliminary Survey Description Project Manager: Iskal Shrestha Supplier Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: ching@consoreng.com Office Address: 600 West 6th Street, Suite 150, Fort Worth, TX Telephone: 281-493-4140 Fax: fax Remit Address: ar@consoreng.com 14142 Denver West Pkwy, Bldg. 51, Ste 250, Lakewoo Survey ROW/Easement Services Totals This Unit: Agreement LTD Agreement Amendment Amendment Amount to Complete Amount Number Amount Date Amount $13,560.00 $13,560.00 $1,680.00 $1,680.00 $15,240.00 $15,240.00 Overall Percentage Spent: Percent ($) Invoiced Spent Previously Current Remaining Invoice Balance $13,560.00 $1,680.00 $15,240.00 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 Professional Services Invoice Project: Trinity Metro Bus Pad - Phase I City Project #: 105012 Work Type Desc: Surveying Services - Lim FID: City Sec Number: Purchase Order: Company Name: CONSOR Engineers, LLC Supplier's PM: Caleb Hing Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items 51 -Preliminary Survey 51 -Preliminary Survey Description Project Manager: Iskal Shrestha Supplier Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: ching@consoreng.com Office Address: 600 West 6th Street, Suite 150, Fort Worth, TX Telephone: 2 s 1-493 -4140 Fax: fax Remit Address: ar@consoreng.com 14142 Denver West Pkwy, Bldg. 51, Ste 250, Lakewooc Survey ROW/Easement Services Totals This Unit: Agreement LTD Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount $12,0.00 $12,0.00� $2,90900.00 $2,90900.00 $15,090.00 $15,090.00 Overall Percentage Spent: Percent ($) Invoiced I Current Remaining Spent Previously Invoice Balance $12,0.00 $2,90900.00 $15,090.00 Trinity Metro Bus Pad - Phase 1 ll Project No. 105012 Professional Services Invoice Project: Trinity Metro Bus Pad - Phase I City Project #: 105012 Work Type Desc: TDLR Services -Victory Access FID: City Sec Number: Purchase Order: Company Name: CONSOR Engineers, LLC Supplier's PM: Caleb Hing Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items 33 - Other Reimbursements Description Project Manager: Iskal Shrestha Supplier Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start B=saw and Add your invoice to the Consultant folder within Project's folder. email: ching@consoreng.com Office Address: 600 West 6lh Street, Suite 150, Fort Worth, TX Telephone: 281-493-4140 Fax: fax Remit Address: ar@consoreng.com 14142 Denver West Pkwy, Bldg. 51, Ste 250, Lakewood TDLR Inspection and Review Totals This Unit: Agreement LTD Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount $3,200.00 $3,200.00 $3,200.00 Overall Percentage Spent: Percent ($) Invoiced I Current Remaining Spent Previously Invoice Balance $3,200.00 $3,200.00 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Trinity Metro Bus Pad - Phase 1 City Project No.105012 Labor (hours) Expense Task No. Task Description I Project Director Project Manaqer Project En ineer EIT CADD Administrative Total Labor I I Cost Subconsultant Travel Rep Rate $237 $195 $165 $123 $92 $67 MWBE I Non-MWBE 1.0 Project Management 5 16 5,336 $0 $0 $0 1.1 Managing the Team 1.1.1 Internal Team Meetings 21 2 $864 1.2 Communications and Reporting 1.2.1 Pre -Design Coordination Meeting 1 1 $432 [monthly, bi-monthly, monthly] Project 1.2.2 Update Meetings 1 2 $627 1.2.3 Design Submittal Review Meetings 1 2 $627 1.2.4 Prepare Baseline Schedule 2 4 $882 Prepare Monthly Progress Reports with 1.2.5 Schedule 1 2 $330 1.2.6 Prepare Monthly MBE/SBE Reports 3 3 $787 1.2.7 Invoicing 3 3 $787 2.0 Conceptual Design (30-Percent) 0 6 i 2,490 $0 $0 $400 2.1 Data Collection 6 8 $2,490 $400 Drainage Computations and Drainage Area 2.2 Map $0 2.3 Subsurface Utility Engineering $0 2.4 Design Drawings $0 2.5 Project Decision Log 110 2.6 Construction Estimate 3.0 Preliminary Design (60 Percent) 4 12 1311 1311 01 0 $41,016 $0 $0 $150 3.1 Preliminary Design Drawings 131 131 $37,728 $150 3.1.1 QA/QC 4 12 $3,288 Geotechnical Investigation/Pavement 3.2 Design $0 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Trinity Metro Bus Pad - Phase 1 City Project No.105012 Task Description Task No. Rate 3.3 Constructability Review 3.4 Public Meeting 3.5 Utility Clearance 3.6 Traffic Control Plan 3.7 Project Decision Log 3.8 Construction Estimate Project Director $237 Project Managger $195 Labor (hours) Project Engineer EIT CADD Administrative $165 $123 $92 $67 Expense Total Labor Cost Subconsultant Travel Rep MWBE Non-MWBE $0 $0 $0 $0 $0 $0 4.0 Final Design Final Draft (90%) Construction Plans and 4.1 Specifications 4.2 Final (100%) Plans and Specifications 3.1.1 QA/QC 4.3 Project Decision Logs (90% and 100%) 4.4 Construction Estimates (90% and 100%) 2 8 321 321 01 0 $11,250 $0 $0 $150 2 8 16 16 16 16 $4,608 $150 $4,608 $2,034 $0 $0 5.0 Bid Phase 5.1 Bid Support 5.1.1 Cover Letter for Task Order Document 5.1.2 Issue Addenda 5.1.3 Attend Pre -bid Conference 5.1.4 Attend Bid Opening 5.1.5 Tabulate Bids and Recommend Award 5.1.6 Issue Conformed Contract Documents 0 0 4 0 0 0 $660 $0 $0 $0 4 $660 $0 $0 $0 $0 $0 I 6.0 Construction Phase Services 6.1 Construction Support 6.1.1 Attend Preconstruction Conference 6.1.2 Attend Public Meeting 0 11 8 0 0 0 $3,465 $0 $0 $0 2 $390 $0 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Trinity Metro Bus Pad - Phase 1 City Project No.105012 Task No. 6.1.3 6.1.4 6.1.5 6.1.6 6.2 Task Description Rate On -site Progress meeting Submittal Review Request for Information/Change Order Review Final Walk Through and Punch List Record Drawings Project Director $237 Project Managger $195 4 1 4 Labor (hours) Project Engineer EIT $165 $123 8 CADD $92 Administrative $67 Total Labor Cost $780 $0 $1,515 $780 $0 Expense Subconsultant Travel Rep MWBE Non-MWBE 7.0 7.1 7.2 7.3 7.4 ROW/Easement Services Right -of -Way Research Right-of-Way/Easement Preparation and Submittal Temporary Right of Entry Submittal Approximate ROW (20 Sites) 0 0 0 0 01 0 $0 $2,900 $1,680 $0 1 $0 $2,900 $1,680 $0 $0 $0 8.0 8.1 8.2 8.3 Survey Design Survey Temporary Right of Entry Submittal Construction Survey 0 0 0 0 0 0 $0 $12,190 $13,560 $0 $0 $12,190 $5,310 $8,250 $0 $0 9.0 9.1 9.2 9.3 9.4 9.5 9.6 9.7 Permitting SWPPP Environmental Services Floodplain Services TxDOT Railroad TDLR Gity of Fort Worth Narks Conversion 0 0 0 0 0 0 $0 $0 $3,200 $0 L $0 $3,200 $0 $0 $0 $0 $0 $0 Totals ill 531 1831 1671 01 81 $64,2171 $15,090118,440 700 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 Task No. Task Description City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Trinity Metro Bus Pad - Phase 1 City Project No.105012 Labor (hours) Project Project Project Total Labor Director Managger Engineer EIT CADD Administrative Cost Rate $237 $195 $165 $123 $92 $67 Expense Subconsultant Travel Rep MWBE i Non-MWBE Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Trinity Metro Bus Pad - Phase 1 City Project No. 105012 No changes to the Standard Agreement City of Fort Worth, Texas Trinity Metro Bus Pad - Phase 1 Attachment C CPN 105012 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 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 Trinity Metro Bus Pad Activity ID I Activity Name BEGIN PROJECT Design Engineer Agreement Trinity Metro Bus Pad Original Start Finish Total Float 2023 Duration Oct Nov 1000 Award Design Agreement 0 09-Oct-23 1 1010 Execute Contract Documents 10 09-Oct-23 25-Oct-23 1 1020 Issue NoticeTo Proceed -Engineer 0 26-Oct-23 102 Conceptual Design(30%) 1030 Design Kick-off Meeting 1 26-Oct-23 26-Oct-23 102 1040 Site Survey -Bus stop group 1 4 16-Oct-23 19-Oct-23 96 1050 Site Survey -Bus stop group 2 4 24-Oct-23 30-Oct-23 98 1060 Site Survey -Bus stop group 3 3 31-Oct-23 02-Nov-23 98 1070 Site Survey -Bus stop group 4 4 16-Oct-23 19-Oct-23 1 1080 Site Survey -Bus stop group 5 41 20-Oct-23 25-Oct-23 141 Preliminary Design(60%) 1100 Prepare Preliminary Design Drawings for Initial 2 Sites 4 20-Oct-23 25-Oct-23 132 1110 QC Preliminary Design Drawings for Initial 2 Sites 1 26-Oct-23 26-Oct-23 132 1130 Review Preliminary Plans for Initial 2 Sites 5 30-Oct-23 03-Nov-23 97 1140 Prepare Preliminary Design Drawings and Specifications 17 20-Oct-23 13-Nov-23 3 1150 QC Plans 4 10-Nov-23 15-Nov-23 3 1160 Review Preliminary Design Drawings and Specifications 10 16-Nov-23 04-Deo-23 3 1170 Preliminary Design Complete 0 04-Deo-23 3 Final Design ons ru C Bid and ward 1600 TDLR (Texas Dep. Of Licensing and Regulations) Permit (Engin Submit) 1610 Review and Approve Permits 1620 All Permits Approved 1630 Construction 1640 Receive Final Invoice for Design Contract 1650 1 Final Design Contract Invoice Paid Der Prepare and 1650 1 Final Design Contract Invoice Paid Der Prepare and 10 05-Jan-24 18-Jan-24 0 10 19,Jan-24 01-Feb-24 0 1 02-Feb-24 02-Feb-24 0 35 05-Feb-24 09-Apr-24 0 10 10-Apr-24 23-Apr-24 0 10 24-Apr-24 07-May-24 0 Dec 26-Oct-23, Design EngineerAgreemen ♦ Award Design Agreement Execute Contract Documents ♦ Issue Notice To Proceed -Engineer 02-Nov-23, Conceptual Design(30 Design Kick-off Meeting E Site Survey -Bus stop group 1 0 Site Survey -Bus stop group 2 0 Site Survey -Bus stop group 3 ■ Site Survey -Bus stop group 4 Site Survey -Bus stop group 5 04-Dec-23, Pre 0 Prepare Preliminary Design Drawings fc QC Preliminary Design Drawings for Inl E7 Review Preliminary Plans for Initia 00001::= Prepare Preliminary Design 0 QC Plans Review Prelimi ♦ Preliminary De 0 Final Desi( 0 Submit f Rev M Trinity Metro Bus Pad Monthly Update - Longest Path Activity ID I Activity Name Original I I Start Finish 2023 Duration Oct Nov Dec Jan 1010 Execute Contract Documents 10 09-Oct-23 25-Oct-23 Execute Contract Documents 1000 Award Design Agreement 0 09-Oct-23 ♦ Award Design Agreement 1070 Site Survey -Bus stop group 4 4 16-Oct-23 19-Oct-23 Site Survey -Bus stop group 4 1140 Prepare Preliminary Design Drawings and Specifications 17 20-Oct-23 13-Nov-23 Prepare Preliminary Design Drawings and Specificatior 1150 QC Plans 4 10-Nov-23 15-Nov-23 M QC Plans 1160 Review Preliminary Design Drawings and Specifications 10 16-Nov-23 04-Dec-23 Review Preliminary Design Drawings 1170 Preliminary Design Complete 0 04-Dec-23 ♦ Preliminary Design Complete 1400 Final Design 5 05-Dec-23 11-Dec-23 MI Final Design 1410 Submit Final Design to Utilities, ROW, Traffic, Parks, Storm 3 12-Dec-23 14-Dec-23 ■ Submit Final Design to Utiliti Water, Water & Sewer 1420 Review Final Plans and Specifications 5 15-Dec-23 21-Dec-23 Review Final Plans an, 1430 Incorporate Final Comments and Submit Final Design 5 27-Dec-23 03-Jan-24 Incorporate 1440 Approve Final Plans and Specifications and Route for 1 04-Jan-24 04-Jan-24 1 Approve F Signatures 1450 Final Design Complete 0 04-Jan-24 ♦ Final Desic 1600 TDLR (Texas Dep. Of Licensing and Regulations) Permit 10 05-Jan-24 18-Jan-24 (Engineer Prepare and Submit) 1610 Review and Approve Permits 10 19-Jan-24 01-Feb-24 1620 All Permits Approved 1 02-Feb-24 02-Feb-24 1630 Construction 35 05-Feb-24 09-Apr-24 1640 Receive Final Invoice for Design Contract 10 10-Apr-24 23-Apr-24 1650 Final Design Contract Invoice Paid 10 24-Apr-24 07-May-24 1660 Design Contract Closed 1 08-May-24 08-May-24 1670 Final Project Report/Lessons Learned 1 09-May-24 09-May-24 ATTACHMENT E Trinity Metro Bus Pad - Phase 1 CPN 105012 Project Location Map �r FORT WORTHY Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 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 bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Rev. 5.04.21 Page 1 of 3 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 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 priorto 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 Rev. 5.04.21 Page 3of3 Trinity Metro Bus Pad - Phase 1 CFW Project No. 105012 Attachment Code: D545910 Master ID: 1407115, Certificate ID: 19938173 City of Fort Worth ATTN: Transportation Public Works 200 Texas Street Fort Worth TX 76102 To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 19938173. -Email: STL-edelivery@lockton.com -Phone: (866) 728-5657 (toll -free) If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox is for providing e-Delivery email addresses for next year's renewal certificates ONLY. Your information will be input within 90 days. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Companies Lockton Companies Three CityPlace Dr, quite yuu i at. Louis, MO 63141-7088 314-432-0500 / lockton.com -Aun.. �'U' ici rific zrc TT). I 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 1001 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, 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 part. 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 Policy No: 7036360752 Page 1 of 2 Endorsement No: CNA75079XX (10-16) Effective Date: 12/31 /2022 Insured Name: Consor Holdings, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. AttaUiCJV 1 /613 C;ertiticite ID: 19936113 CNA PARAMOUNT Primary and Noncontributory Insurance Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement 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; 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. Endorsement No. CNA75079XX (10-16) Policy No: 7036360752 Page 2 of 2 Effective Date: 12/31 /2022 Insured Name: Consor Holdings, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Attachment Code: D617673 Certificate ID: 19938173 Attachment Code: D617132 Certificate ID: 19938173 CNA Business Auto Policy Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization Per schedule on file with company. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. 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. Endorsement No: CNA71527XX (10-2012) Policy No. 7036360766 Endorsement Effective Date: 12/31/2022 Endorsement Expiration Date: 12/31/23 Policy Effective Date: 12/31/2022 Insured Name: Consor Holdings, LLC Underwriting Company: Continental Casualty Company ® Copyright CNA All Rights Reserved. FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Trinity Metro Bus Pad - Phase 1 Engineering Contract M&C: N/A Date: CPN: 105012 CSO: DOC#: To: Name Department Initials Date Out 1. Alexandra Ripley TPW - initial A -a- Oct 23, 2023 2. Zina Schwartz Consultant - Signature 3s Oct 23, 2023 3. Iskal Shrestha TPW - Signature ,s �S Oct 25, 2023 4. Chad Allen TPW -initial � Oct 30, 2023 5. Lissette Acevedo TPW -initial CA Oct 30, 2023 6. TPW AD, Patricia Wadsack TPW - initial P W I-w Nov 1, 2023 7. Lauren Prieur TPW - signature Nov 1, 2023 8. Doug Black Legal - signature ,wcfwb Nov 6, 2023 9. William Johnson CMO - signature w4 Nov 8, 2023 10. Jannette Goodall CSO - signature sG JSG Nov 8, 2023 11. TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: []YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContractsaFortWorthTexas.2ov at ext. 7233 or 8363, for pick up when completed. Thank you! Updated 06.21.2023 mdhm