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HomeMy WebLinkAboutContract 61570CSC No. 61570 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 Quiddity Engineering, LLC, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: NW 20th St — True Creek Bank Stabilization — Project No. 105269. Article 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 $539,826 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 NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 1 of 14 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. Designation of Engineer's Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER's "Project Manager" prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. 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. City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 2 of 14 (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. E. 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. F. 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 City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 3 of 14 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. G. 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. H. 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. City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 4 of 14 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. J. 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 (as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Engineer acknowledges the MBE and WBE goals established for this Agreement 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. K. 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 City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 5 of 14 subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. L. 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. M. 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. N. 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. O. 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. P. 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, City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 6 of 14 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. Q. 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. City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 7 of 14 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification 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. City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 8 of 14 (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. 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. City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 9 of 14 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. 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, City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 10 of 14 commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY 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 City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 11 of 14 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. 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" City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 12 of 14 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 ENGINEER acknowledges that in accordance with Chapter 2276 of the Texas Government Code, 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 2276 of the Texas Government Code. To the extent that Chapter 2276 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, 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. 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 City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 13 of 14 firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: J u n 18, 2024 ATTEST: Jannette Goodall City Secretary BY: ENGINEER QUIDDITY ENGINEERING, LLC StephePf Reiter (Jun 6, 2024 07:55 CDT) Stephen Reiter Vice President Date: Jun 6, 2024 APPROVED AS TO FORM AND LEGALITY 24-0391-May 14/2024 By. Douglas Black (Jun 12, 202410:24 CDT) M&C No.: Douglas W Black Jun 12, 2024 Sr. Assistant City Attorney M&C Date: City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Standard Agreement for Engineering Related Design Services CPN 105269 Revised Date: 03-08-2024 Page 14 of 14 ATTACHMENT "A" Scope for Enaineerina Desian Related Services for Storm Water Improvements Proiects 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. Under this scope, "ENGINEER" is expanded to include any sub -consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE This task order includes design of the NW 20th St — True Creek Bank Stabilization project. The project limits and extents of proposed measures will match those depicted in the preliminary plans produced Walter P. Moore and Associates, Inc during the project development phase. The approximate project location and extents are shown on Attachment E. The intent of this project is not to reduce flooding, but to address erosion in areas identified by the CITY where channel degradation is threatening existing infrastructure. The objective of the Bank Stabilization is to develop final plans, opinions of probable construction costs, and specifications based on the project development phase which was completed by another consultant under separate contract. This will include obtaining any necessary permits, survey, geotechnical engineering, environmental, bid phase, and construction phase services. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey Services Task 9. Permitting Task 10. Plan Submittal Checklists TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work. Quiddity will setup a customized Quality Management Program (QMP) which will include development of the following: Project Communication protocol, Project Risk Register, Decision Log, City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Attachment A CPN 105269 PMO Release Date: 07/23/2012 Page 1 of 28 Project Milestones & Schedule, and Project Administration (invoicing, subcontractor management, etc.). • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives. During the project development phase performed by a separate consultant under separate contract, a design concept was identified and developed to address the design problem, and the CITY's endorsement of this concept was obtained. • Conduct and document monthly project update meetings with CITY Project Manager. • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. • Conduct virtual review meetings with the CITY at the end of each design phase. • Conduct and document biweekly design team meetings. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • The project design phase is anticipated to occur over 9 months. • Four (4) virtual plan review meetings area assumed. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 2 of 28 DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly M/WBE Report Form and Final Summary Payment Report Form D. Monthly progress reports E. Baseline design schedule F. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes G. Plan Submittal Checklists (See Task 10) H. Monthly Risk Register Updates TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. During the project development phase performed by a separate consultant under separate contract, a design concept was identified and developed to address the design problem, and the CITY's endorsement of this concept was obtained. ENGINEER will refine the conceptual design of the infrastructure as follows and will utilize concepts and criteria contained in the current CITY — iSWM Criteria Manual for Site Development and Construction for conceptual planning and design. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. • ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (such as TxDOT and railroads), CITY Master Plans, CITY drainage complaint files, existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any) and property ownership as available from the Tax Assessor's office. • The ENGINEER shall visit the project site to observe the project area, seek to verify surveyed utilities and features, and may include identification of un- surveyed utilities and features. 2.2. Drainage Computations • Reference to the supporting hydraulic impact analysis supporting the Floodplain Development Permit application will be provided on the plans (See Task 9.3). • Calculations regarding street and right-of-way capacities and existing storm drain capacities are not included in this scope. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 3 of 28 • The intent of this project is not to reduce flooding, but to address erosion in areas identified by the CITY where channel degradation is threatening existing infrastructure. 2.3. Geotechnical Investigation/Pavement Design • Borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. • The geotechnical engineering report will not include pavement design recommendations. Proposed pavement will match existing pavement design based on information to be provided by the CITY. HVJ Associates prepared geotechnical report DG-22-10508, dated September 26, 2023 for the project area under separate contract. ENGINEER will contract with Alliance Geotechnical Group, Inc. to provide additional borings and a supplemental geotechnical investigation for these services noted below and as documented in their proposal to Quiddity Engineering dated November 14, 2023: Field Investigation • The field investigation will consist of drilling four (4) additional test borings for the proposed new Redi-Rock gravity retaining wall and proposed utility construction. The test borings will be drilled to total depths of 35 feet below the existing ground surface and will be located on the east side of the existing creek. • Subsurface soil samples will be secured with thin -walled shelby tube and/or split spoon samples depending on soil type and consistency. Rock encountered in the borings will be evaluated using the Texas Department of Transportation Penetrometer (TxDOT Cone). All samples will be properly logged, packaged, sealed, and placed in a core box for transportation to the laboratory. • In addition to the borings, handheld Dynamic Cone Penetrometer (DCP) testing will be performed in accessible areas along the existing creek bottom to assist with the foundation bearing values and required footing pad preparation requirements. • Alliance Geotechnical Group assumes that the client has right -of -entry to the property and that the boring locations will be accessible with a conventional truck mounted drilling rig during normal working hours. It should be noted that private property Right -of -Entry (ROE) is going to be required in order to access the proposed boring locations. Should unusual soil conditions be encountered, AGG will contact the client to discuss recommendations and fee impacts for exploring these unusual conditions. Traffic control is not anticipated and has not been included in this proposal. • Alliance Geotechnical Group will contact Texas 811 and the City of Fort Worth's Water Department to have them locate underground utilities. AGG is not responsible for damage to underground utilities that are not properly identified prior to drilling. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 4 of 28 Laboratory Investigation • Laboratory tests will be conducted to classify the soil and to evaluate the volume change potential and strength of the soil and rock present at the site. Soil classification tests will consist of Atterberg limits (plasticity index), percent passing #200 sieve, moisture content, and dry unit weight. The volume change potential of the soils will be evaluated by swell tests. The strength of the soil will be estimated using hand penetrometer strength testing and unconfined compressive strength tests. In addition, a direct shear test will be performed on a selected soil sample to assist with global stability study. Engineering Analyses • Results of field and laboratory work will be presented in an engineering report. The report will include our recommendations to guide design and construction of the foundations and will include the following: 1. Site reconnaissance, boring staking and utility clearance coordination. 2. Plan of borings, boring logs, water level observations, and laboratory test results. 3. Foundation recommendations for the proposed Redi-Rock gravity retaining walls. 4. Evaluation of the global stability for the subject creek banks and proposed retaining walls. 5. Open -cut recommendations for utility construction. 6. Comments on the presence and effect of expansive soils on the proposed construction will be provided. Alternative methods of reducing any anticipated shrink/swell movements associated with expansive clays will be included, if applicable. 7. Recommendations for site grading and compaction of earthwork will be presented. 2.4. Subsurface Utility Engineering ENGINEER will contract with The Rios Group, Inc. for these services as documented in their proposal to Quiddity Engineering dated February 5, 2024: Provide Subsurface Utility Engineering (SUE) to Quality Level as described below. The SUE shall be performed in accordance with Cl/ASCE 38-22. Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 5 of 28 Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Qualitv Level C (includes tasks as described for Qualitv Level D) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground -mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. Level B (includes tasks as described for Qualitv Level C) • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 6 of 28 Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. 2.5 Park Land Conversion • City Project Manager will schedule a meeting with Parks and Community Services Department (PACSD). • ENGINEER shall provide project exhibits with aerial background and attend 1 field meeting with the City Project Manager and PACSD. • ENGINEER shall prepare and submit a letter to PACSD requesting permission to enter the park property to field stake the project for PACSD inspection. • ENGINEER shall prepare a location exhibit and project description narrative with metes and bounds and deeds associated with the area to be disturbed in the park. City Project Manager will submit the Conversion Request package to PACSD for approval and action by the Park Advisory Board. • ENGINEER shall coordinate with City Project Manager as requested regarding notification letters to neighborhood associations regarding the conversion. • ENGINEER shall attend up to 2 Park Advisory Board meetings and 1 City Council meeting, if requested by the City Project Manager. 2.6. A conceptual design package was prepared by a separate consultant under separate contract during the Project Development phase. ENGINEER will prepare an updated Conceptual Design Package which shall include the following: • Written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept was addressed in the project development phase by a separate consultant under separate contract and is not included in this scope. • Cover sheet • Reference to the supporting hydraulic impact analysis supporting the Floodplain Development Permit application will be provided on the plans (See Task 9.3). • Conceptual iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. Include documentation that the proposed storm water project will not adversely impact upstream and downstream properties. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 7 of 28 • Horizontal alignment (excluding profiles) of proposed storm water improvements, including existing lot layout, streets, street right-of-way, proposed easements, and existing utilities gathered during the SUE within the project limits. • Proposed phasing of water, sanitary sewer, street and drainage work documented in both the project schedule and narrative form. • Documentation of key design decisions (Project Decision Log). • Updated Risk Register • Estimates of probable construction cost. ASSUMPTIONS • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • Four (4) borings for the geotechnical investigation at an average bore depth of 35 feet each are proposed with this scope. HVJ Associates prepared geotechnical report DG-22-10508, dated September 26, 2023 for the project area under separate contract which contains additional borings. • Up to ten (10) Level A SUE test holes (4-8 feet deep) are included. • The SUE plan sheets shall be in accordance with Cl/ASCE 38-22. While SUE efforts generally provide a greater level of protection against unknown conditions related to subsurface features, no warranties or guarantees can be provided that all subsurface features can be and/or will be discovered and located on the plans. • A PDF file of the conceptual design package will be delivered. • DWF files created from design CAD drawings will be uploaded to the designated project folder in the CITY's document management system (BIM 360). • All submitted documents and checklists will also be uploaded to the designated project folder in the CITY's document management system (BIM 360). • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package. B. Conceptual iSWM Checklist C. Geotechnical Report D. Project Schedule and Narrative E. Documentation of key design decisions (Project Decision Log) F. Estimates of probable construction cost G. Risk Register City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 8 of 28 TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings shall include the following: • Cover Sheet • Reference to the supporting hydraulic impact analysis supporting the Floodplain Development Permit application will be provided on the plans (See Task 9.3). A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall project easement layout sheet(s). • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Preliminary iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. • Plan and profile drawings of proposed storm water improvements, including existing lot layout with property ownership, streets, curb lines, driveways, medians (if applicable), sidewalks, existing and proposed water and sanitary sewer mains, existing utilities gathered during the SUE and existing utility easements within the project limits. • No less than two survey control points per plan/profile sheet. • The ENGINEER will prepare standard and special detail sheets that are not already included in the City's standard details. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. • Prepare separate drawings for water and/or sanitary sewer mains including a overall water and/or sanitary sewer layout sheet and plan and profile drawings. • Overall project water and/or sanitary sewer layout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. • Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 9 of 28 and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de - hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. 3.2 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. 3.3 Public Meeting After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend 1 public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. The ENGINEER shall coordinate with CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 10 of 28 3.4 Utility Clearance The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. 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 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 at each design milestone. The ENGINEER may need to coordination 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 plan set and individual DWF files for each plan sheet 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 DWF files should be created directly from the CAD files as opposed to PDF files. 3.5 Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Project Resources website. The typicals need not be sealed individually, if included in the sealed contract documents. • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. 3.6 Proposed phasing of water, sanitary sewer, street and drainage work documented in both the project schedule and narrative form. 3.7 Documentation of key design decisions (Project Decision Log). 3.8 Updated Risk Register 3.9 Estimates of probable construction cost. ASSUMPTIONS • One (1) site visit will be conducted during the Preliminary Design phase. • Assumes fourteen (14) control points will be set. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 11 of 28 • Two (2) utility clearance conflicts are assumed. • One (1) Public Meeting is assumed. • Traffic Control "Typicals" will be utilized to the extent possible. It is assumed one (1) project specific traffic control sheet will be developed. • A PDF file of the geotechnical report will be delivered to the CITY. • A PDF file of the plan set will be delivered for Constructability Review. • A PDF file of the plan set will be delivered for the 60% design for review coordination. • A PDF file of the specifications will be delivered for the Preliminary Design. The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • DWF files created from design CAD drawings will be uploaded to the designated project folder in the CITY's document management system (BIM 360). • All submitted documents and checklists will also be uploaded to the designated project folder in the CITY's document management system (BIM 360). • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings B. Preliminary iSWM Checklist C. Utility Clearance package D. Project Schedule and Narrative E. Documentation of key design decisions (Project Decision Log) F. Risk Register G. Estimates of probable construction cost H. Public meeting exhibits I. Traffic Control Plans 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: • 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 City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 12 of 28 Development and Construction which will be incorporated into the SWPPP by the contractor. • Draft final draft construction plans (90%) and specifications, including iSWM Construction Plan, shall be submitted to CITY per the approved Project Schedule. • Final iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. • The ENGINEER shall submit a design estimate of probable construction cost with the design plans submitted with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall provide project exhibits and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • 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. • Proposed phasing of water, sanitary sewer, street and drainage work documented in both the project schedule and narrative form. • Documentation of key design decisions (Project Decision Log). • Updated Risk Register ASSUMPTIONS • A PDF file of the plan set and a PDF file of the specifications will be delivered for the 90% Design package. • A PDF and DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in the City's document management system (BIM 360). • One (1) Public Meeting is assumed. • Three (3) sets of 11"x17" size drawings and two (2) set of specifications will be delivered for the 100% Design package. • A PDF and DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in City's document management system (BIM 360). DELIVERABLES A. 90% construction plans specifications. B. 100% construction plans and specifications. C. Final iSWM Checklist City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 13 of 28 D. Project Schedule and Narrative E. Documentation of key design decisions (Project Decision Log). F. Risk Register G. Detailed estimates of probable construction cost for the authorized construction project, including summaries of bid items and quantities using the CITY's standard bid items and format. H. Public meeting exhibits Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto the CITY's document management system (BIM 360) for access to potential bidders. • Contract documents shall be uploaded in a .xIs file. Unit Price Proposal documents are to be created utilizing CITY's unity price tool only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to the CITY's document management system (BIM 360) in two formats, .pdf and Awf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on the CITY's document management system (BIM 360) from documents sold and from Contractor's uploaded Plan Holder Registrations in the CITY's document management system (BIM 360). The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the CITY's document management system (BIM 360) folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto the CITY's document management system (BIM 360) and mail addenda to all plan holders. Attend the virtual prebid conference in support of the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 14 of 28 • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the virtual bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet are to be uploaded into the project's Bid Results folder on the CITY's document management system (BIM 360). • Assist the CITY with assembling and awarding contracts for construction, materials, equipment, and services. • Engineer will provide 3 full sets after bid opening - conformed set with approved addenda. 5.2 Final Design Drawings 1. Final Design Drawings shall be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file (created from CAD application of drawing) for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing filess and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a Man set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: 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). 2. In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 15 of 28 prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name — "W-1956—SHT01.dwg", "W- 1956—SHT02.dwg", etc. 11. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name — "X- 12155—SHT01.dwg", "X-12755—SHT02.dwg", etc. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • Two (2) addenda area assumed. • The project will be bid only once and awarded to one contractor. • Construction documents will only be made available on the City's document management system (BIM 360) for plan holders. • Construction documents will not be printed and made available for purchase by plan holders and/or given to plan viewing rooms. • PDF, DWF and DWG files will be uploaded to the CITY's document management system (BIM 360). DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) E. Final iSWM Package F. CFW Data Spreadsheet 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 on -site pre -construction conference. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 16 of 28 • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall visit the project site up to eight (8) times at requested intervals as construction proceeds to observe and report on progress. The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in the CITY's document management system (BIM 360). • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • 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. The following information shall be provided by the CITY: o As -Built Survey o Red -Line Markups from the Contractor o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions 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: o 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. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 17 of 28 • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings. 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. • Record Drawings shall be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Sinaular 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, contact 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. ASSUMPTIONS • One (1) Public Meeting is assumed. • Eight (8) site visits are assumed. • Twelve (12) submittal reviews are assumed. • Three (3) RFI's are assumed. • Two (2) Change Orders are assumed. • Construction materials testing services are not included. • One copy of full size (22"x34") mylars will be delivered to the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 18 of 28 DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items G. Record Drawings TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and easements as outlined below, per scoping direction and guidance from the CITY's Project Manager. ENGINEER will contract with PJB Surveying, LLC for elements of these services as documented in their proposal to Quiddity Engineering dated February 5, 2024: 7.1. Right -of -Way Research • The ENGINEER shall determine rights -of -way and easement needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2 Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Project Resources website. 7.3 Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER should coordinate with the City project manager to identify all needed Temporary Right of Entries from landowners. • Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary Right of Entries from landowners. It is assumed that letters will only be required for landowners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Project Resources website. ASSUMPTIONS • Seven (7) permanent easements or right-of-way documents will be necessary. • Eight (8) temporary easements or right-of-way documents will be necessary. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 19 of 28 • Eight (8) temporary right -of -entry letters will be necessary. 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, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and metes and bounds provided on CITY forms B. Temporary Right of Entry Letters TASK 8. SURVEY. ENGINEER will provide survey support as follows. ENGINEER will contract with PJB Surveying, LLC for elements of these services as documented in their proposal to Quiddity Engineering dated February 5, 2024. 8.1 Design Survey • Portions of the project area were surveyed under separate contract during the Project Development phase. This prior survey will be supplemented as determined necessary by ENGINEER and as noted below. • Approximate field survey limits include sections of the stream between NW 20th Street and the alley to the south and a portion of the property at the southeast corner of True Avenue and NW 20th Street. • The minimum survey information to be provided on the plans shall include the following: — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property for field survey, the ENGINEER shall prepare, mail and obtain Temporary Right of Entry from landowners. See Section 7.3. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 20 of 28 • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Project Resources website. ASSUMPTIONS Additional survey scope will be considered as additional services. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. 8.3. Construction Survey • This section is not included in this scope. TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 9.1. Storm Water Pollution Prevention Plan For projects that disturb an area greater than one (1) acre, the contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The ENGINEER will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction with will be incorporated into the SWPPP by the contractor. 9.2. US Army Corps of Engineers Section 404 Permitting VRX previously conducted a delineation of waters of the U.S. (WOTUS) for the City of Fort Worth Channel Rehabilitation NW 20th Street project in January 2023 under separate contract. This delineation effort identified an intermittent stream with an average Ordinary High Water Mark (OHWM) of approximately 11 feet extending 1,380 linear feet. VRX reviewed the schematic level channel rehab design plans, and it appeared that the project could likely be authorized under Nationwide Permit (NWP) 13 — Bank Stabilization and NWP 14 — Linear Transportation Projects without the need for a preconstruction notification (PCN). ENGINEER will contract with VRX, Inc. for these services as documented in their proposal to Quiddity Engineering dated November 9, 2023: In support of this process, VRX proposes to review design plans at 60%, 90% and 100% to evaluate impacts to WOTUS and US Army Corps of Engineers (USACE) permitting scenarios. To provide evidence of compliance with NWP General Condition 18 (Endangered Species) and 20 (Historic Properties), VRX will conduct a threatened and endangered species assessment and cultural resources assessment. In addition, we have provided additional service options for a Nationwide Permit Pre -Construction Notification (PCN). 9.2.1.1 Project Goals/Objectives City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 21 of 28 The goal of the project is to provide Quiddity Engineering with an assessment of impacts to WOTUS, and evidence of compliance with NWP General Condition 18 and 20. If necessary, a PCN can be prepared and coordinated with the USACE as an additional service. The following paragraphs outline more specifically VRX's proposed scope of work, schedule, cost estimate, and limitations for the above project. 9.2.2.0 PROPOSED SCOPE OF WORK A. Evaluate Impacts to WOTUS VRX will review design plans provided by Quiddity Engineering to evaluate impacts to WOTUS at the approximate 60%, 90%, and 100% complete design packages. Impacts to WOTUS will be based on delineation of waters of the U.S. conducting in January 2023 as identified and delineated in the Waters of the U.S. Delineation Report. VRX will calculate impact acreages and provide appropriate Section 404 permitting scenarios. The particular type of permit will be determined as design plans are developed. A letter will be provided addressing the impacts assessment and the permit scenario for the project. B. Threatened and Endangered Species Assessment VRX will review the U.S. Fish and Wildlife Service Information for Planning and Consultation (IPaC) & Environmental Conservation Online System (ECOS), the Texas Parks and Wildlife Department Natural Diversity Database (NDD), as well as Federal and State Threatened and Endangered Species lists. VRX will assess habitat in and adjacent to the City of Fort Worth Channel Rehabilitation NW 20th Street project for the potential for use by listed species. A letter report documenting our findings will be provided. C. Historic & Cultural Resources Assessment The Antiquities Code of Texas provides for protection of historic and archeological landmarks on public lands and applies to all state agencies, counties, cities, and other public authorities. Section 106 of the National Historic Preservation Act requires any project that requires a federal license, permit, or approval to have a Section 106 review. VRX will submit the project to the Texas Historical Commission's (THC's) electronic Review and Compliance (eTRAC) system for THC review. Results of the eTRAC review will be provided. Onsite cultural resource review and associated Antiquities Code permitting is not included in this proposal but can be provided as additional services. D. Tree Survey and Urban Forestry Compliance DA —Tree Survey VRX will prepare an inventory of all trees 6 inches or greater in diameter at breast height (DBH) within the limits shown in Attachment 1 of the proposal to Quiddity Engineering, LLC dated February 5, 2024. The inventory will include the following information: 1. Trees species — common and scientific name. 2. Location — tree will be identified with a numbered tree tag. 3. DBH for each tree surveyed. 4. Additional notes about tree health and canopy estimate. GPS data along with an excel spreadsheet will be provided including a summary of all the information collected on the inventoried trees. D.2 — Urban Forestry Compliance City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 22 of 28 Part One: Documentation of Existing Conditions: VRX will prepare 2 copies of a scaled drawing on the project reflecting the existingconditions which include the following information: 1. Boundaries of the property and its calculated area i.e. acres, square feet; 2. Location map showing the proximity of the property to the nearest streets; 3. Outline of the existing tree canopy area on the property and the calculated area (square feet or acres) of existing canopy coverage. Properties with no existing canopy shall indicate such conditions; 4. Scaled existing or proposed utilities regulated by the Public Utility Commission, and/or Texas Railroad Commission. Indicate the calculated area (square footage or acres) for these rights of ways or easements; 5. Location of each Significant or Large Tree as defined in Chapter 9 of Ordinance 18615-05-2009, its species and canopy area; 6. Tables B. C. D, and F in Section 6.302.E of Ordinance 18615-05- 2009 Part Two: Components of the Urban Forestry Plan: Part Two will overlay the proposed improvements and emovals/preservations plantings. Two (2) copies shall be provided and shall include the following information: 1. Scaled site plan depicting the location of proposed structures, parking areas, drives and amenities; 2. Tree canopy areas that are desired to be removed; 3. Location and description of trees (large, medium, or small canopy crown) that will be planted from Table F to reach the minimum canopy as stated in 6302E of Ordinance 18615-05-2009; 4. Tables G and H in Section 6.302.E of Ordinance 18615-05-2009 E. Nationwide Permit Preconstruction Notification (if necessary) The USACE regulates impacts to WOTUS in accordance with Section 404 of the Clean Water Act. A permit is required from the USACE for discharges of materials into WOTUS. A NWP is a type of general permit issued on a nationwide basis for a category or categories of activities that are either similar in nature and cause only minimal individual and cumulative adverse impacts and the environmental consequences of the activity would be individually and cumulatively minimal. For NWPs requiring a PCN, such notification must be made in writing as early as possible prior to commencing the proposed activity. If necessary, VRX shall provide Quiddity Engineering with a NWP PCN including the following, as appropriate: 1. The purpose of, and need for, the project (to be provided by Quiddity Engineering). 2. A delineation, proposed determination, and characterization of wetlands and other WOTUS, and a description of the project's likely impacts on the aquatic environment, including a brief characterization of each impact to WOTUS. 3. Maps clearly showing all known temporary and permanent elements of the project. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 23 of 28 4. Detailed plan, profile, and cross-section views of all work with ordinary high-water mark or wetland boundary shown (to be provided by Quiddity Engineering). 5. A written discussion of alternatives considered and rationale for selected alternative. 6. An assessment of the adverse and/or beneficial effects of the proposed project. 7. Documentation that the amount of area impacted is the minimum necessary to accomplish the project, anticipated impacts due to changes in preconstruction contours, and documentation that changes would not result in more than minimal adverse impact on the aquatic environment. 8. The mitigation plan will include the following, as appropriate: a. discussion of the goals and objectives. b. discussion of efforts to avoid and minimize impacts to WOTUS. c. discussion of the alternatives that were considered for the proposed project. d. discussion of the direct and indirect permanent and temporary adverse project impacts to WOTUS both on -site and off -site. e. table summarizing the WOTUS impacts. f. functional analysis discussion of the WOTUS that would be adversely g. impacted by the proposed project. h. proposed mitigation banking credits. 9. A discussion of threatened and/or endangered species for the project area. Note, species specific surveys would be requested as additional services. 10. A discussion documenting whether any cultural resources would be affected by, or are in the vicinity of, the permit area. The project will be submitted to the Texas Historical Commission (THC) using their electronic THC Review and Compliance (eTRAC) system. Any additional surveys will be requested as additional services. 11. Information on hydrology and hydraulics (to be provided by Quiddity Engineering). 9.2.3.0 SCHEDULE VRX can initiate work on this project within two weeks of receipt of appropriate authorization to proceed. Design plans can be reviewed within 2 weeks of receipt from Quiddity Engineering. The Threatened and Endangered Species review and Cultural Resource review will be completed within approximately 6 weeks from authorization to proceed. If necessary, the NWP PCN can be prepared within approximately 6 weeks of receiving the preferred design. The schedule for receiving a PCN authorization is outside of VRX's control; however, we will coordinate with the agencies to receive the USACE authorization as expeditiously as possible. 9.2.4.0 ASSUMPTIONS AND EXCLUSIONS • To the extent allowed by regulatory agency requirements, the document prepared under this scope will be written in a non -technical, easily readable manner for ease of reading by parties to this agreement. • Development designs shall be provided in an ArcMap compatible format. • Evaluation of impacts to waters of the U.S. from more than three design plans will be accomplished as additional services. • This proposal assumes that hydrology and hydraulic studies, reports, and associated City or Federal Emergency Management Agency approvals will be provided by Quiddity. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 24 of 28 • No direct onsite archeological observations or investigations are included in this scope of services. If required, these services can be provided as additional services. • No direct onsite surveys for threatened, endangered, or candidate species (including but not limited to freshwater mollusk surveys) are included in this proposal. If required, these services can be provided as additional services. • The scope and fee in this proposal is valid for six months from the date of this proposal. 9.3. Floodplain Services • ENGINEER will prepare a Floodplain Development Permit application for the project. • Hydrology for the True Avenue Channel will not be evaluated. The analysis will utilize the discharges contained in the CITY effective model for the 2-, 5-, 10-, 50- , 100-, and 500-year storm events. Therefore, a drainage area map will not be included. • Pre -and post -project condition hydraulic models were created by a separate consultant under separate contract during the project development phase of this project. • ENGINEER will modify the pre- and post -project condition hydraulic models (HEC-RAS 1-D steady state) based on data obtained and the design. • The hydraulic analysis, including pre- and post -project condition floodplain delineations, will be documented in a report supporting a Floodplain Development Permit Application for the project. • ENGINEER will submit Floodplain Development Permit application and supporting documentation for CITY review. • Based on the preliminary Floodplain Development Permit application prepared by a separate consultant under separate contract, the project results in erosive velocity increases exceeding 5%. Therefore, ENGINEER, will prepare and submit a variance request to the CITY. • Engineer will respond to agency comments and requests regarding the Floodplain Development Permit and variance request. 9.4. Tree Removal Permit — City Forestry • A tree removal permit is understood to be necessary for tree removal within City rights -of -way. • Per correspondence with the City Forester, this project will not require tree mitigation for removal of trees from city -owned property. • ENGINEER will prepare and submit an "Application for Tree Removal Permit on City of Fort Worth property" for the project to the City Forester. 9.5. Tree Removal Permit — Urban Forestry • A tree removal permit is understood to be necessary for tree removal within existing and proposed easements that overlay privately owned property. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 25 of 28 Task 1 —Tree Survey • VRX will prepare an inventory of all trees 6 inches or greater diameter at breast height (DBH). The inventory will include the following information: 1. Trees species — common and scientific name. 2. Location — tree will be identified with a numbered tree tag. 3. DBH for each tree surveyed. 4. Additional notes about tree health and canopy estimate. • Task 2 — Urban Forestry Compliance Part One: Documentation of Existing Conditions: • Prepare 2 copies of a scaled drawing on the project reflectin the existing conditions by including the following information: • Boundaries of the property and its calculated area i.e. acres, square feet; • Location map showing the proximity of the property to the nearest streets; • Outline of the existing tree canopy area on the property and the calculated area (square feet or acres) of existing canopy coverage. Properties with no existing canopy shall indicate such conditions: • Scaled existing or proposed utilities regulated by the Public Utility Commission, and/or Texas Railroad Commission. Indicate the calculated area (square footage or acres) for these rights of ways or easements; • Location of each Significant or Large Tree as defined in Chapter 9 of Ordinance 18615-05-2009, its species and canopy area: • Tables B. C. D, and F in Section 6.302.E of Ordinance 18615-05-2009 Part Two: Components of the Urban Forestry Plan: • Part Two will overlay the proposed improvements and removals/preservations plantings. Two (2) copies shall be provided and shall include the following information: • Scaled site plan depicting the location of proposed structures, parking areas, drives and amenities; • Tree canopy areas that are desired to be removed; • Location and description of trees (large, medium, or small canopy crown) that will be planted from Table F to reach the minimum canopy as stated in 6302E of Ordinance 18615-05-2009; • Tables G and H in Section 6.302.E of Ordinance 18615-05-2009 • ENGINEER will prepare and submit an "Application for Urban Forestry Permit" for the project to the Urban Forestry Department. ASSUMPTIONS City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 26 of 28 • Permit preparation will begin after approval of the Conceptual Design. • Assumes 1 Floodplain Development Permit application. • Assumes 1 variance request. • No meetings are assumed for the Floodplain Development Permit or variance. • Preparation of FEMA applications is not included. DELIVERABLES A. Floodplain Development Permit application B. Variance request for velocities. TASK 10. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Street Water Traffic Traffic Traffic "A" Traffic Storm Storm Lights /Sewer Traffic Control Control Control Attachment Signal Water Water (Submit (Submit Engineering 30% 60% 90% Type (Submit All 30% 60% All @ All @ (Submit All @ 30%) 30% 60%) @ 60%) Required for all work in City ROW Street X X X X V X X X X Storm Water X X X X X Water / Sewer X X X X *If included in street project Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to 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. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 27 of 28 • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Nationwide Permit Pre -construction Notification for USACE permitting. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 28 of 28 Attachment B - Level of Effort Spreadsheet Channel Rehabilitation - Project No. 105269 City of Fort Worth, Texas Task No. i Task Description Rate Project Management Labor(hours) Practice Senior Project Leader Engineer Managqer $295 $275 $225 17 i 50 Project Engineer $170 69 EIT $145 64.25 Total Labor Cost $37,311 Expense ubconsulta MWBE $0 Total Expense Cost i Task Sub Total Managing the Team (included in appropriate 1.1 tasks) 1.1.1 Quality Management Plan (Setup & oversight) 1 3 9 3 $2,935 $0 $2,935 1.2 Communications and Reporting 1.2.1 Pre -Design Kick-off Meeting (virtual) 1 1 1 1 $835 $0 $835 Monthly Update Meetings with City & 1.2.2 Progress Reports 18 9 9 $6,885 $0 $6,885 Internal Team Meetings/ Communication (bi- 1.2.3 weekly) 5 5 10 10 $5,750 $0 $5,750 1.2.4 Project Schedule & Monthly Updates 5 5 5 10 $4,900 $0 $4,900 1.2.5 Risk Register Updates (monthly) 5 5 5 10 $4,900 $0 $4,900 1.2.6 Invoicing 5 5 1.25 $2,156 $0 $2,156 1.2.7 Monthly MBE/SBEReports 3 5 $1,525 $0 $1,525 1.2.8 Other Agency Coordination (incl franchise) 5 20 20 $7,425 $0 $7,425 2.1 Data Collection Review Provided Data/Obtain Additional 2.1.1 Records 3 6 12 $3,435 $0 $3,435 2.1.2 Review Franchise Utility Records 2 3 6 $1,830 $0 $1,830 2.1.3 Site Visit 4 4 4 $2,160 $0 $2,160 2.2 (Drainage Computations (see Task 9.3) 2.3 Geotechnical Investigation 1 1 3 $1,010 $24500 $24,500 $25510 2.4.1 Subsurface Utility Engineering - SUE Team 1 3 $735 $38:000 $38,000 $38:735 2.4.2 Subsurface Utility Engineering - Survey Team $0 $6,300 $6,300 $6,300 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 1 of 6 Attachment B - Level of Effort Spreadsheet Channel Rehabilitation - Project No. 105269 City of Fort Worth, Texas Labor (hours) Task No. Task Description Practice Senior Project Project EIT Leader Engineer Managqer Engineer Rate $295 $275 $225 $170 $1 2.5 Park Land Conversion 2.5.1 Exhibits and Field Meeting with PACSD 4 4 Prepare Permission Letter and Conversion 2.5.2 Package 2 3 2.5.3 Coordination for Neighborhood Letters 1 2 Attend Park Advisory (2) & City Council (1) 2.5.4 Meetings 6 6 2.6 Conceptual Design Package 2.6.1.a Plan Production 2.6.1.a.1 H&H Design/Plan Production 6 12 Water/Sewer/Paving Design/Plan 2.6.1.a.2 Production 12 2.6.1.b QA/QC 2.6.1.b.1 H&H QA/QC 1 3 5 5 2.6.1.b.2 Water/Sewer/Paving QA/QC 4 2.6.2 Conceptual iSWM Package 1 4 2.6.3 Schedule Update with Narrative 1 1 2 2.6.4 Project Decision Log 1 1 2 2.6.5 Updated Risk Register 1 1 2 2.6.6 Estimate of Probable Construction Cost 1 2 3 1.2 Review Meeting with City 1 1 2 3 3.l rreuminary uesign urawings 3.1.1.a I Plan Production 3.1.1.a.1 H&H Design/Plan Production 5 10 20 30 Water/Sewer/Paving Design/Plan 3.1.1.a.2 Production 13 21 3.1.1.a.3 Structural Team Design/Plan Production 8 40 3.1.1.a.4 Site Visit 2 2 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Expense al Labor ubconsulta Total Expense Task Sub Total Cost I I Cost 6 $2,450 4 $1,540 $565 $2,370 60 $12,090 30 $7,050 20 $5,995 1 18 $1,770 $1,775 $840 $1,130 $840 $3,410 $1,965 $9,000 $1,080 $1 $12 $7 $1,77 $1,77 $84 $1,12 $84 $3,41 $1,96 $1 2 of 6 Task No. I Task Description 3.1.1.b I QA/QC 3.1.1.b.1 H&H QA/QC 3.1.1.b.2 Water/Sewer/Paving QA/QC 3.1.1.b.3 Construction Department QA/QC 3.1.1.c Preliminary iSWM Package 3.2 Constructability Review 3.2.1 Site Visit with City 3.2.2 Summary of Comments 3.3 Public Meeting 3.3.1 Preparation of Exhibits 3.3.2 Attend 1 Meeting 3.4 Utility Clearance (Assumes 2 Conflicts) 3.5 Traffic Control Plan 3.6 Schedule Update with Narrative 3.7 Project Decision Log 3.8 Updated Risk Register 3.9 Estimate of Probable Construction Cost 1.2 Review Meeting with City (60%) Final Draft (90%) Construction Plans and 4.1.1 Specifications 4.1.1.a Plan Production 4.1.1.a.1 H&H Design/Plan Production Water/Sewer/Paving Design/Plan 4.1.1.a.2 Production 4.1.1.a.3 Traffic Control Plan Updates 4.1.1.a.4 Site Visit City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Attachment B - Level of Effort Spreadsheet Channel Rehabilitation - Project No. 105269 City of Fort Worth, Texas Labor (hours) Practice Senior Project Project EIT Leader Engineer Manager Engineer Rate $295 $275 $225 $170 $1 2 10 20 20 1 4 4 8 4 10 1 4 2 2 2 1 1 2 3 3 6 2 2 2 4 10 2 2 1 2 1 1 2 1 1 2 1 2 4 1 1 2 3 2 5 10 15 2 1 1 2 2 4 8 Expense al Labor ubconsulta Total Expense Task Sub Total Cost I I Cost $17,040 $3,655 $2,600 $1,775 $1,630 $1,710 $6,000 $1,340 $5,500 $1,950 $565 $1,130 $1,130 $4,305 $1,965 $19,815 $1,320 $685 $1,080 $17 $1,77 $1,63 $1,71 3 of 6 Task No. I Task Description 4.1.1.b I QA/QC 4.1.1.b.1 H&H QA/QC 4.1.1.b.2 Water/Sewer/Paving QA/QC 4.1.1.b.3 Traffic Control Plan QA/QC 4.1.1.b.4 Survey Department QA/QC 4.1.1.c Final iSWM Package 4.1.1.d Review Meeting with City (90%) 4.1.2 Public Meeting 4.1.2.a Preparation of Exhibits 4.1.2.b Attend 1 Meeting 4.1.3 Final (100%) Plans and Specifications 4.1.3.a Plan Production 4.1.3.a.1 H&H Design/Plan Production Water/Sewer/Paving Design/Plan 4.1.3.a.2 Production 4.1.3.a.3 Traffic Control Plan Updates 4.1.3.a.4 Site Visit 4.1.3.b QA/QC 4.1.3.b.1 H&H QA/QC 4.1.3.b.2 Water/Sewer/Paving QA/QC 4.1.3.b.3 Traffic Control Plan QA/QC 4.1.3.c Final iSWM Package Revisions 4.1.3.d Schedule Update with Narrative 4.1.3.e Project Decision Log 4.1.3.f Updated Risk Register 4.1.3.g Estimate of Probable Construction Cos 4.1.3.h Review Meeting with City (100%) 1 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Attachment B - Level of Effort Spreadsheet Channel Rehabilitation - Project No. 105269 City of Fort Worth, Texas Labor (hours) Practice Senior Project Project EIT Total Labor Leader Engineer Manager Engineer Cost Rate $295 $275 $225 $170 $145 1 8 15 15 30 $12,770 1 1 1 4 $1,375 1 1 4 $975 16 $2,720 2 6 10 $2,920 1 1 1 1 1 $1,110 3 3 6 12 $4,260 2 2 2 $1,340 1 4 10 15 60 $14,895 2 6 $1,320 1 1 2 $685 3 3 3 $1,620 I 1I 4I 12I 12I 20 $9,035 1 1 2 $790 1 1 2 $685 1 2 4 $1,145 1 1 4 $1,180 1 2 2 4 $1,645 1 2 4 2 $1,695 t 1 2 4 20 $4,305 1 1 I 2 I 1 I 3 I 31 $1,965 Expense bconsulta Total Expense Cost MWBE 'I Task Sub Total $12,77 $1,37 $97 $2,72 $2,92 $1,11 $4,26 $1,34 $14,89 $1,32 $6E $1,62 4of6 Attachment B - Level of Effort Spreadsheet Channel Rehabilitation - Project No. 105269 City of Fort Worth, Texas Labor(hours) Expense Task No. Task Description p Practice Senior Project > Project > EIT Total Labor ubconsulta Expense Total Ex p Task Sub Total Leader Engineer Mana_er Engineer Cost Cost Rate $295 $275 $225 $170 $145 MWBE 5.1 Bid Support Prepare and Upload Bid Documents to City 5.1.1 BIM 1 2 3 $1,000 $0 $1,000 5.1.2 Bidder RFIs Log & Issue Addenda (2) 1 3 6 9 $3,275 $6 $3,275 5.1.3 Attend Pre -bid Conference (virtual) 1 1 1 1 $815 $0 $815 Assist the City in determining qualifications 5.1.4 of bidders 4 4 2 $1,870 $0 $1,870 5.1.5 Attend Bid Opening 1 1 1 1 $815 $0 $815 5.1.6 Tabulate Bids and Recommend Award 2 4 8 $2,290 $0 $2,290 5.1.7 Issue Conformed Contract Documents 2 4 8 $2,290 $0 $2,290 5.2 Final Design Drawings 1 2 8 $1,725 $0 $1,725 ' i i 6.1 Construction Support Attend Preconstruction Conference (on- 6.1.1 site) 1 1 1 1 $815 $0 $815 6.1.2 Public Meeting 6.1.2.a Preparation of Exhibits 2 2 4 10 $3,130 $0 $3,130 6.1.2.b Attend 1 Meeting 1 1 1 $670 $0 $670 6.1.3 Construction Site Observation (8 trips) 16 16 8 $7,480 $0 $7,480 6.1.4 Submittal Review (assumes 12) 6 9 12 $4,620 $0 $4,620 6.1.5 Request for Information (3) 3 6 $1,695 $0 $1,695 Change Order Review/Recommendation 6.1.6 (2) 2 8 4 $2,390 $0 $2,390 6.1.7 Final Walk Through and Punch List 2 3 5, $2,075 $0 $2,075 6.2 Record Drawings 4 1Li 32 $7,580 $0 $7,580 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 5of6 Attachment B - Level of Effort Spreadsheet Channel Rehabilitation - Project No. 105269 City of Fort Worth, Texas Labor(hours) Expense Task No. Task Description p Practice Senior Project > Project > Total Labor EIT ubconsulta Total Ex Expense p Task Sub Total Leader Engineer Mana_er Engineer Cost Cost Rate $295 $275 $225 $170 $145 MWBE 7.1 Right -of -Way Research 3 6 12 $3,435 $0 $3,435 Easement Preparation and Submittal 7.2 (7 permanent, 8 temporary) 1 2 $565 $45,000 $45,000 $45,565 7.3 Temporary Right of Entry (8 properties) 1 3 $660 $6 $660 8.1.a (Design Survey -Topographic Servic 8.1.1b Design Survey - Control Points (14) 9.1 Stormwater Pollution Prevention Plan USACE Section 404 Permitting - Basic 9.2.a Services 9.3 Floodplain Services 9.3.a Floodplain Permit Application 9.3.b Updates to Existing Hydraulic Model 9.3.c Updates to Proposed Hydraulic Model 9.3.d Submittal Package Preparation\Report 9.3.e Variance Request Preparation 9.3.f Response to Comments 9.4 Tree Removal Permit - City Forestry 9.5 Tree Removal Permit- Urban Forestry $1701 $7,0001 $7,0001 $7,1 2 5 15 $3,475 $0 $3,475 1 3 $735 $11,500 $11,500 $12,235 1 1 4 $975 $6 $975 1 1 4 $975 $0 $975 2 4 16 $3,450 $0 $3,450 3 5 18 $4,135 $0 $4,135 2 6 4 $2,050 $0 $2,050 2 6 12 $3,210 $0 $3,210 2 2 4 $1,370 $5,000 $5,000 $6,370 3 6 6 $2,565 $8,500 $8,500 $11,065 Additional Services $0- i Design Survey - Additional Services, If 8.1.c Required 1 1 $395 $5,000 $5,000 $5,395 USACE Section 404 Permitting - Special 9.2.b Services, If Required 2 2 $790 $19,250 $19,250 $20,040 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 6of6 ATTACHMENT B COMPENSATION Design Services for Channel Rehabilitation City Project No. 105269 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Cateaory Rate for the ENGINEER's team member performing the work. Labor Cateaory Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2023 2024 ($/hour) ($/hour) Design Engineer 1 125 125 Design Engineer II 145 145 Professional Engineer 1 170 170 Professional Engineer II 195 195 Professional Engineer III 225 225 Professional Engineer IV 255 255 Professional Engineer V 275 275 Practice Leader 295 295 Engineer's Assistant 1 75 75 Engineer's Assistant II 85 85 Engineer's Assistant III 95 95 Admin 1 75 75 Admin II 95 95 Admin III 125 125 Survey Lidar Tech (PJB) 95 95 Survey Admin (PJB) 75 75 1-Person Field Crew (PJB) 100 100 2-Person Field Crew (PJB) 185 185 Scanning Crew (PJB) 200 200 Junior Survey Technician (PJB) 95 95 Senior Survey Technician (PJB) 110 110 RPLS Staff (PJB) 150 150 RPLS/Principal (PJB) 200 200 Drilling/Field Crew (AGG) 580 580 Laboratory Team (AGG) 316.50 316.50 Principal Engineer (AGG) 235 235 City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 5 NW 20th St — True Creek Bank Stabilization CPN 105269 ATTACHMENT B COMPENSATION Geotechnical Senior Engineer (AGG) 165 165 Geotechnical Project Manager (AGG) 135 135 Staff Engineer (AGG) 115 115 Drafting/Clerical (AGG) 65 65 Administrative (AGG) 55 55 Senior Engineer (Rios) 241.61 241.61 Supervisory Engineer (Rios) 208.06 208.06 Professional Engineer (Rios) 181.21 181.21 SUE Project Manager (Rios) 169.71 169.71 Assistant Project Manager (Rios) 140.51 140.51 Engineer in Training (Rios) 112.92 112.92 Engineering Technician (Rios) 82.95 82.95 CADD Technician (Rios) 87.25 87.25 Senior CADD Technician (Rios) 110.27 110.27 Field Manager (Rios) 127.23 127.23 Utility Coordinator (Rios) 147.65 147.65 Senior Utility Coordinator (Rios) 204.70 204.70 Administrative Specialist (Rios) 81.39 81.39 One Designating Person (Rios) 160 160 Two Person Designating Crew (Rios) 250 250 Two Man Vac Crew (Rios) 330 330 Two Man Vac Crew & Designator (Rios) 450 450 Program Manager (VRX) 252 252 Project Manager (VRX) 180 180 Senior Environmental Scientist (VRX) 160 160 Environmental Scientist (VRX) 110 110 CAD/GIS Technician (VRX) 140 140 Administrative Assistant (VRX) 96 96 ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 5 NW 20th St — True Creek Bank Stabilization CPN 105269 B-2 ATTACHMENT B COMPENSATION 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 3 of 5 NW 20th St — True Creek Bank Stabilization CPN 105269 B-3 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Quiddity Engineering Coordination and delivery of $362,876.00 67.22% project Proposed MWBE Sub -Consultants PJB Survey Easement Preparation and $45,000.00 8.34% Submittal PJB Survey Topographic Services $6,900.00 1.28% PJB Survey Control Points (14 total) $7,000.00 1.30% PJB Survey SUE Services $6,300.00 1.17% PJB Survey Additional Services (if needed) $5,000.00 0.93% The Rios Group Subsurface Utility Engineering $38,000.00 7.04% VRX, Inc. USACE Section 404 Permitting $11,500.00 2.13% - Basic Services VRX, Inc. USACE Section 404 Permitting $19,250.00 3.57% - Special Services, If Required VRX, Inc. Tree Removal Permit — City $5,000.00 0.93% Forestry VRX, Inc. Tree Removal Permit — Urban $8,500.00 1.57% Forestry Alliance Geotechnical Geotechnical Investigation $24,500.00 4.54% Group Non-MWBE Consultants TOTAL $539,826.00 100% Project Number & Name Total Fee MWBE Fee MWBE % Channel Rehabilitation $539,826.00 $176,950.00 33% CPN 105269 City MWBE Goal = 8% City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 5 Consultant Committed Goal = 33% NW 20th St — True Creek Bank Stabilization CPN 105269 B-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 5 of 5 NW 20th St — True Creek Bank Stabilization CPN 105269 B-5 Professional Services Invoice Project Manager: IJustin Naylor /Geoffrey Smith Summary Project: NW 20th St —True Creek Bank Stabilization City Project #: 1105269 I City Sec Number: Company Name: lQuiddity Engineering, LLC Supplier's PM: Adam Ray, PE Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: 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: aravr&auidditv.com Office Address: 4500 Mercantile Plaza or, Ste 210 Fort Worth, TX 76137 Telephone: 1972-265-7186 1 Fax: I I Remit Address: JACK BB&T (Truist) Accounting #1440002564231 Routing #111017694 i Sheet FID and Work Type Description Work Type 1 Project Management Work Type 2 Conceptual Design (30-Percent) Work Type 3 Preliminary Design (60-Percent) Work Type 4 Final Design Work Type 5 Bid Phase Work Type 6 Construction Phase Services Work Type 7 ROW/Easement Services Work Type 8 Survey Work Type 9 Permittin Work Type 10 Additionalg Services Agreement Completed Agreement Amendment Amount to Amount Amount Amount Date $37,311.00 $121,760.00 $108,795.00 $91,335.00 $14,080.00 $30,455.00 $49,660.00 $14,240.00 $47,940.00 $24,250.00 Total Agreement $539,826.00 Overall Percentage Spent: Percent Spent �$) Invoiced Current Remaining Previously Invoice Balance Total This Invoice $ NW 20th St — True Creek Bank Stabilization CPN 105269 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Channel Rehabilitation City Project No. 105269 No changes to Standard Agreement. City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization Attachment C CPN 105269 PMO Release Date: 05.19.2010 Page 1 of 1 Task/Milestone Notice to Proceed Kickoff with City Conceptual Design Conceptual Design Review by City of Fort Worth Preliminary Design (60%) Preliminary Design (60%) Review by City of Fort Worth 90% Design 90% Review by City of Fort Worth 100% Design 100% Submittal Attachment D - Preliminary Project Schedule NW 20th St — True Creek Bank Stabilization — Project No. 105269 City of Fort Worth, Texas Start Date 6/10/2024 6/10/2024 6/10/2024 8/12/2024 9/9/2024 11/18/2024 12/16/2024 1/27/2025 2/24/2025 3/24/2025 End Date Days 6/10/2024 6/10/2024 8/12/2024 E 9/9/2024 11/18/2024 12/16/2024 1/27/2025 2/24/2025 3/24/2025 3/24/2025 V7 l0 n n W W Q1 Ol Qt '-I c1 '-I '-1 rl '1 L� QUIDDRITY Texas Board of Professional Engineers and Land Surveyors Registration Nos F-23290 & 10046100 K:\17452\17452-0005-00 Channel Rehabilitation - True Avenue\Project Management\Job Setup\4-Fort Worth Design Contract -True Avenue Channel\Engineering Agreement Documents_05 - Attachment D - Schedule True v4.xlsx City of Fort Worth, Texas NW 20th St — True Creek Bank Stabilization CPN 105269 FORT WORTH NOT APPLICABLE 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 NW 20th St — True Creek Bank Stabilization Attachment D CPN 105269 Revision Date: 07.20.2018 Page 1 of 1 ATTACHMENT E NW 20TH ST -TRUE CREEK BANK STABILIZATION r � r ■ _ / /. T-ILL i ♦. jet 1j~ i , • ti 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. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. Aten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or prior to the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 105269_Channel Rehab Final Audit Report 2024-06-06 Created: 2024-06-04 By: Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAOmLwaaBTg3JKevwoFOoGQVNkggOkK4Ea "105269_Channel Rehab" History Document created by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) 2024-06-04 - 8:03:39 PM GMT- IP address: 204.10.90.100 Document approved by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) Approval Date: 2024-06-04 - 8:05:28 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Stephen Reiter (sreiter@quiddity.com) for signature 2024-06-04 - 8:05:33 PM GMT Email viewed by Stephen Reiter (sreiter@quiddity.com) 2024-06-06 - 12:53:07 PM GMT- IP address: 104.28.97.20 3 Document e-signed by Stephen Reiter (sreiter@quiddity.com) Signature Date: 2024-06-06 - 12:55:28 PM GMT - Time Source: server- IP address: 73.155.83.80 Document emailed to tpw_sw_contracts@fortworthtexas.gov for approval 2024-06-06 - 12:55:32 PM GMT Email viewed by tpw_sw_contracts@fortworthtexas.gov 2024-06-06 - 3:04:11 PM GMT- IP address: 204.10.90.100 Signer tpw_sw_contracts@fortworthtexas.gov entered name at signing as Sadie Ishmael 2024-06-06 - 3:04:28 PM GMT- IP address: 204.10.90.100 Document approved by Sadie Ishmael (tpw_sw_contracts@fortworthtexas.gov) Approval Date: 2024-06-06 - 3:04:30 PM GMT - Time Source: server- IP address: 204.10.90.100 ell Agreement completed. 2024-06-06 - 3:04:30 PM GMT FORTWORTHS I P—e"Y Adobe Acrobat Sign City of Fort Worth, Texas Mayor and Council Communication DATE: 05/14/24 M&C FILE NUMBER: 24-0391 LOG NAME: 20SWM NW 20TH TRUE CREEK BANK STABILIZATION DESIGN SUBJECT (CD 2) Authorize Execution of an Engineering Agreement with Quiddity Engineering, LLC in the Amount of $550,519.00 for the Design of Northwest 20th True Creek Bank Stabilization Project, Adopt Appropriation Ordinance and Amend the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an Engineering Agreement with Quiddity Engineering, LLC in the amount of $550,519.00 for the design of Northwest 20th True Creek Bank Stabilization project (City Project No. 105269); 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Drainage Revenue Bonds Series 2023 Fund in the amount of $866,000.00 by increasing estimated receipts and appropriations in the Northwest 20th True Creek Bank Stabilization project (City Project No. 105269) and decreasing estimated receipts and appropriations in the Total Channel Restoration Bond Programmable project (P00136) by the same amount; and 3. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: The Engineering Agreement recommended by this Mayor and Council Communication (M&C) will provide for engineering services related to the Northwest (NW) 20th True Creek Bank Stabilization project. This project will address the erosion in areas identified by the City where channel degradation is threatening existing infrastructure. The scope of this design contract is to develop final plans, opinions of probable construction cost, and specifications based on the project development phase. This will include obtaining any necessary permits, survey, geotechnical engineering, environmental, bid phase, and construction phase services. In May 2021, the Transportation and Public Works Department (TPW), Stormwater Management Division (SWMD), published a Request for Qualifications (RFQ) for various engineering consulting services. Forty-five consultants responded to the RFQ for the project design service area with Statements of Qualifications (SOQ). An evaluation team of three City staff subject matter experts from the SWMD and Capital Delivery Division scored the SOQs based on company experience, prior projects, workload, and team experience. The City's Business Equity team also evaluated the SOQs. A pool of twenty-one consultants was selected based upon these scores to be matched with specific projects. Based on this scoring, Quiddity Engineering, LLC (QE) was selected as the most qualified consultant to perform design services for this project. QE will analyze and evaluate the failure of the creek bank between NW 20th St and True Creek Ave and design channel improvements to mitigate channel degradation, erosion damage, and the risk to existing infrastructure. The channel improvements will restore the structural integrity of the channel slopes and prevent further deterioration/movement to protect adjacent properties and ensure the channel continues to effectively convey stormwater away from area homes and businesses. QE will evaluate environmental and floodplain requirements and assist staff in obtaining any required permits, survey, geotechnical engineering, environmental, bid phase, and construction phase services. Additionally, QE will prepare plans and specifications for construction and provide services during bidding and construction. QE proposes to perform engineering services for a fee not to exceed $550,519.00. Staff considers the fee to be fair and reasonable for the scope of services proposed. $315,481.00 of additional funds are needed for project management, easement acquisition, permits and park conversion as applicable. Fund FY24 CIP Additional Revised FY24 Appropriations Funding Budget 52008 - Drainage Revenue Bond $0.00 $866,000.00 $866,000.00 Series 2023 (105269) Project Total $0.00 $866,000.00 $866,000.00 Funding is budgeted in the Drainage Rev Bonds Series 2023 Fund for the purpose of funding the NW 20th True Creek Bank Stabilization project Funding for this project was not included in the FY2024-2028 Capital Improvement Program because project development was not yet completed when the CIP was prepared. This action in this M&C will amend the FY2024-2028 Capital Improvement Program. Quiddity Engineering, LLC is in compliance with the City's Business Equity Ordinance by committing to 32% Business Equity participation on this project. The City's Business Equity goal on this project is 8%. The project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Total Channel Restoration Bond project within the Drainage Rev Bonds Series 2023 Fund and upon approval of the above recommendations and adoption of the appropriation ordinance, funds will be available in the Drainage Rev Bonds Series 2023 Fund for the NW 20th St - True Creek Bank project to support the above recommendations and execution of the agreement. Prior to an expenditure being incurred, the Transportation & Public Works Department has the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: Oriainatina Business Unit Head Jesica McEachern 5804 Lauren Prieur 6035 Additional Information Contact: Linda Young 2485 FORT WORTH, Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 105269 True Creek Bank Stabilization Design M&C: 24-0391 Date: To: Name 1. Sadie Ishmael 2. Doug Black 3. Jesica McEachern 4. Ronald Gonzales 5. Jannette Goodall 6. Allison Tidwell 7 TPW contracts 8 9 10. CPN: 105269 CSO: DOC#: Department Initials Date Out TPW as Jun 12, 2024 Legal Jun 12, 2024 ACM �` Jun 18, 2024 CSO N/A N/A CSO „TG Jun 18, 2024 CSO 4L Jun 18, 2024 TPW CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts 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 Reauired: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Return To: Please notify tpw sw contracts(a,fortworthtexas.gov when complete. Call ext. 817 228 3283 or ext. 6254 with questions. Thank you!