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Contract 39975
CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and Kimley-Horn and Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as: Cultural District/Will Rogers Area Water and Sanitary Sewer Improvements. ArrUcle Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article 111 Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) 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. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.08 . 'x .,1 .,- s.." .• ,. sD Pagel of 16 F 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article 1V, if any, are included in Attachment C. 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 standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and costlexecution effects are not the responsibility of the ENGINEER. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 2 of 16 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 3 of 15 t current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (NIMBE) Participation In accord with City of Fort Worth Ordinance No. 1.5530, the City has goals for the participation of minority business enterprises and woman business City of Fort Worth,Texas Standard Agreement for Engineering Relates!Design Services 6.30.09 Page 4 of 15 enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 5 of 15 i. The CITY shall be Included as an insured 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 the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the 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 this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. 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 the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the 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 ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation—ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the 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 ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of City of Fort Worth,Texas Standard Agreement for Engineering Related design Services 6.30.09 Page 6 of 15 the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of AV or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of$25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it 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 the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, City of Fart Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 7 of 15 to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER 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 the contractual 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. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services &.30.09 Page 8 of 15 O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 8.30.09 Page 9 of 15 D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. 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 and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 8.30.09 Page 10 of 15 with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. 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. K. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6,30.09 Page 11 of 15 Article Ill General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The time requirements for the ENGINEER'S personnel to document the City of Fort Worth,"texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 12 of 16 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 termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 1$of 15 e J. 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. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 14 of 15 Article V11 Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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 Executed this the LC(4"-day of_ �CV\- , 2010. ATTEST: CITY OF FOM"WORTH f)�M�arty !-Ien ix a 0� .� N Fernando Costa City Secretary "u° ��� ¢ Assistant City Manager p w_P, " APP AL RE O RIIE�JD 811 -- 0 Contract Auth,.i. ------t s a „ S. Frank Crumb, P.E. Date Director, Water Department APPROVED AS TO F RM ND LEGALITY KIMLEY HORN AND ASSOCIATES, INC. Assistant City A o y ATTEST: By: Glen A. Gary, P.E. Senior Vice President City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.08 Page 15 of 15 ATTACHMENT"A" Scope for Engineering Design Related Services for Cultural District(Will Ro ers Area Water and Sanitary Sewer improvements City Project No. 01168 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of this project is to provide engineering services for the replacement of water and sanitary sewer lines in the vicinity of the Will Rogers Memorial Coliseum area. These improvements are necessary to coincide with various development improvements planned in the area such as the Multipurpose Facility Expansion, Southwest Exposition and Livestock(SWELS)Arena,Kimbell Art Museum Expansion,as well as various planned improvements within the Will Rogers existing facilities. The following utilities are anticipated to be relocated or installed: 11t111ty Lim, 1 9C1i11P11 Development Approximate Size Commencement of Name From To Phase/Location Length(LF) (in) Design - Water Multipurpose/Harley University Dr. Rip Johnson 1,000 l2 2010 Multipurpose/Harley University Dr. Rip Johnson 1,000 24 2010 Multipurpose/Rip Johnson Harley Burnett Tandy 700 16 2010 Kimbell/Will Rogers Rd. Camp Bowie Lancaster 1,300 12 2011 Kimbell/Camp Bowie Camp Bowie Lancaster 900 36 2011 SWELS Arena/Harley SHPS University Dr. 3,800 24 2010 SWELS Arena/Harley University Dr. Montgomery 1,800 12 2010 SWELS Arena/Harley University Dr. Montgomery 1,700 24 2010 University Crestline Camp Bowie 1,600 16 2014 Will Rogers Internal Lines Burnett Tandy Lancaster 1,700 12 2014 Lancaster Gendy University Dr. 850 12 2014 Montgomery Montgomery Westside PS 2,200 24 2014 Montgomery Harley 130 3,300 16 2014 Frederick St/Lafayette Ave Westside PS Hulen 7,500 24 2014 Camp Bowie Westside PS Hulen 5,700 12 2014 35,050 Total Water Construction $16,340,000 Cost ATTACHMENT WTO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 7/08/2009) PAGE 1 OF 19 I-A 1041 Development From 7o Approximate size Commencement of Name Phase/Location Length(LP) (in) Design Sewer Multipurpose/Harley University Dr. Rip Johnson 1,300 30 2010 SWELS Arena/Harley Foch University Dr. 2,300 36 20I0 SWELS Arena/Harley University Dr. Montgomery 3,600 30 2010 University Crestline Casa Manana 950 18 2014 Will Rogers Internal Lines Burnett Tandy Lancaster 1,200 18 2014 Total Sewer 9,350 Construction $4,740,000 Cost The project is planned to be completed in six(6)phases in the following order: Phase 1. Will Rogers Multipurpose Building and Parking Garage Water and Sewer Line Improvements(12-inch through 30-inch Water/Sewer in Harley and Rip Johnson) Phase 2. SWELS Arena 24-inch Water Line and 36-inch Sewer Line(in Crestline and Harley) Phase 3. SWELS Arena—Harley Water and Sewer Line Improvements (12 and 24-inch water and 30-inch sanitary sewer)and Kimbell 12-inch and 36-inch Water Lines Phase 4. Will Rogers Internal Facilities/Lancaster Ave. Water and Sewer Line Improvements (12-inch water and 18-inch sanitary sewer) Phase 5. Montgomery St.and University Drive Water/Sewer Line Improvements(16 and 24- inch water line, 18-inch sanitary sewer) Phase 6. Frederick St/Lafayette Ave and Camp Bowie Water Line Improvements(12-inch and 24-inch water line) 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 ATTACHMENT Fl`TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9103009) PAGE 2 OF 19 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 1.2. Communications and Reporting • Attend a pre-design project kickoff and chartering meeting with CITY staff to confirm and clarify scope,understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct and document biweekly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of each design phase • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. • Prepare and submit baseline Project Schedule initially,and Project Schedule updates with a schedule narrative monthly,as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure,and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities,ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • 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 • Project duration is anticipated to be phased over multiple years depending on development. The current schedule allows for a three(3)-year phased project. ATTACHMENT°A"TD STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 910312009) PAGE 3 of 19 DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. CONCEPTUAL DESIGN(30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop,communicate through the defined deliverables,and recommend the design concept that successfully addresses the design problem,and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project.ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities,agencies(TxDOT and railroads),City Master Plans,and property ownership as available from the Tax Assessor's office. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans.A maximum of twelve(12)special coordination meetings will be conducted for the project. 2.2. Subsurface Utility Engineering Provide Subsurface Utility Engineering(SUE)to Quality Level [DCB,],as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Up to seven(7)locations of Level A SUE will be performed for this project. • 20-inch water line at Trinity Park Dr. and Crestline Rd. • 20-inch water line at Crestline Rd. and University Dr. + 20-inch water line at Burnett Tandy(2 locations)1 • 20-inch water line along Camp Bowie Blvd. (2 locations) + 36-inch water line at University Dr. and Lancaster Ave. ATTACHMENT WTO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9/03/2009) PAGE 4 OF 19 Quality Level D • Conduct appropriate investigations(e.g., owner records, County/CITY records,personal interviews,visual inspections, etc.),to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records(e.g.,utility owner base maps,"as built"or record drawings, permit records,field notes,geographic information system data, oral histories,etc.)on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information;need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files,and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership;date of depiction; quality 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. QualLty Level C includes tasks as described for Quali1y 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 Qualfty Level • 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. ATTACHMENT W TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 910312009) PAGE 5 OF 19 • 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,which enables the correlation of surface geophysical data to the project's survey control. 2.3. Geotechnical Investigations • ENGINEER shall advise the CITY of test borings and other subsurface investigations that may be needed for the infrastructure project. If the CITY determines that such borings or investigations are needed,then the ENGINEER shall work with the CITY and CITY's geotechnical engineering consultant to draw up specifications for such testing program. The cost of such testing will be paid for by the CITY. • The ENGINEER's geotechnical subconsultant will perform a geotechnical analysis of the boring site utilizing a qualified geotechnical laboratory to determine subsurface conditions and make recommendations regarding foundation design parameters. The geotechnical analysis will include the following: • Subsurface exploration including up to ten(10)sample bores at varied depths to be spaced approximately 2,000 linear feet apart along the general alignment of the proposed 24-inch water line to determine soil characteristics and resistivity. • Laboratory tests for classification purposes and strength characteristics. • The geotechnical report will present the results of the field and laboratory data as well as analyses and recommendations. The data contained in the geotechnical report will be made available to contractors during the bidding process for information purposes. 2.4. The Conceptual Design Package shall include the following: • Cover sheet. • Horizontal alignment(excluding profiles)of proposed improvements, including existing lot layout,streets, street right-of-way, proposed easements and existing utilities gathered during the SUE within the project limits. • Geotechnical report. • Proposed phasing of water and sanitary sewer work documented in the project schedule. • Opinion of probable construction cost. ASSUMPTIONS • The project will consist of six(6) phases. One(1)Conceptual Design deliverable will he provided for each phase. • Three(3)copies of the conceptual design package will be delivered for each phase. Drawings will be full size(22"x 34")plan sheets. • Ten(10)geotechnical bores to a depth of approximately 30 feet. ATTACHMENT W TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 910312D09) PAGE 6 OF 19 ® ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Six(6)Conceptual Design Packages TASK 3. PRELIMINARY DESIGN(60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet. • 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 o Overall project casement layout sheet(s)with property owner information. ® Overall water and/or sanitary sewer abandonment sheet. • 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 improvementlexisting sewer mains and all sewer appurtenances in the vicinity. • Coordinates on all P.C.'s,P.T.'s,P.l.'s,Manholes,Valves,etc.,in the same coordinate system,as the Control Points. • No less than two benchmarks plan/profile sheet. • Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size,fire hydrants,water service lines and meter boxes,gate valves, isolation valves,manholes,existing meter numbers and sizes that are to be replaced,existing sample station locations,existing fire line locations,existing utilities and utility easements, and 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. Provide dimensions of street right-of-way with water/sanitary sewer locations dimensioned from the right-of-way. • 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 ATTACHMENT'A°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9/0312009) PAGE 7 OF 19 lines which are connected to the existing main and connect said service lines to the relocated main. • The design for sewer service line reroute/relocation will be provided if the flow line elevation of the sewer service can be determined from the cleanout location.If this elevation cannot be determined during design survey,the design shall be provided during Task 6,Construction Phase Services. The CONTRACTOR will be responsible to provide existing flow line elevations. • The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-Section of the City's specifications.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. 3.2.Geotechnical Investigation • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals, identified in Section 2.3,along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. 3.3 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. 3.4 Public Meeting • No Public Meetings will be included for Preliminary Design. 3.5 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, private utilities and government agencies to determine the approximate location of above and underground utilities,and other facilities 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. • The ENGINEER shall deliver approved preliminary construction plans to the CITY's Utility Coordinator for forwarding to all utility companies which have facilities within the limits of the project. 3.6 Traffic Control Plan ® Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals"on the CITY's Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract documents. ATTACHMENT W TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9103!2009) PAGE 8 OF 19 • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. 3.7 Storm Water Pollution Prevention Plan • For projects that disturb an area greater than one(1)acre, ENGINEER will prepare the Storm Water Pollution Prevention Plan(SWPPP)required for the Project for use by the Contractor during construction. ENGINEER will prepare drawings and details for proposed SWPPP improvement that the Contractor must use during construction. Contractor will be responsible for filing the SWPPP with appropriate regulatory agencies. 3.8 Cathodic Protection System The scope of work includes field investigations, laboratory testing,electrical continuity testing, current requirement testing,data analysis and reports to evaluate approximately 13,700 linear feet of the proposed 24-inch water. • Document Review and Project Management This task consists of all the preparatory work required for the task. The specific elements are as follows: i. The ENGINEER will review the pipeline alignment with respect to crossings of foreign pipelines and paralleling utility systems. Existing cathodic protection systems and locations of foreign line test stations will be identified. Foreign pipeline crossings will be considered. ii.The ENGINEER will evaluate the pipeline alignment for possible induced AC interference and the need for protection under fault conditions. e Cathodic Protection Field Survey The ENGINEER will obtain soil resistivity measurements at intervals not to exceed 2,000-feet using ASTM G-57-95. The measurements will be taken to depths of 5, 10,and 15-feet. The ENGINEER will test soil samples for moisture content, pH,chloride ion and conductivity. Water samples will be similarly tested with the addition of sulfate ions. The ENGINEER will create dimensional field sketches of possible locations for cathodic protection anodes. Locations of secondary AC service and sites for the installation of power supplies will be noted. • Data Analysis and Lab Work The ENGINEER will evaluate soil resistivity test data including the use of Barnes Layer techniques for determining resistivities of the soil layer where the 24-inch water line is to be installed. The ENGINEER will test soil samples in the laboratory for moisture content,pH, chloride ion concentration,sulfide ion concentration and conductivity. Water ATTACHMENT'A'TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 910312009) PAGE 9 OF 19 samples will be similarly tested,with the exception of moisture content. Sulfate ion concentrations will be determined for water samples as well. The ENGINEER will tabulate and analyze AC and DC interference test data using computer models. The ENGINEER will compile data and analyze the conditions for galvanic and electrolytic corrosion along the proposed pipeline route will be performed. • Corrosion Protection Design Following the analysis of the electrical data and the soil test results,corrosion protection and AC/DC interference mitigation requirements will be defined for 3 pipe types(welded steel pipe concrete pipe,and ductile iron pipe)for the proposed 24-inch water line. Design criteria will include minimizing the impact of the severe soil stresses in the area and a preference for sacrificial anode versus impressed current cathodic protection. Specific design deliverables will include: i. Recommendations for protective coatings based upon AWWA standards for the proposed 24-inch water line. ii.Prepare a report that documents test data, analysis and an opinion of probable construction cost for cathodic protection and interference control systems,plans and specifications. ASSUMPTIONS • The project will consist of six(6)phases. One(1)Preliminary Design deliverable will be provided for each phase. • Two(2)copies of the geotechnical report will be delivered to the CITY. • Ten(10)full size(22"x 34")plans will be delivered for Utility Clearance. • Three(3)sets of full size(22"x 34")drawings will be delivered for Preliminary Design. • Three(3)copies of the Storm Water Prevention Pollution Plan will be delivered for City review. • Two(2)copies of the cathodic protection report will be delivered to the CITY. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications for each project phase B. Utility Clearance drawings C. Opinions of probable construction cost including bid items and quantities using the CITY's standard bid items and format. D. Storm Water Prevention Pollution Plan E. Geotechnical report ATTACHMENT WTO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 910312009) PAGE 10 OF 19 TASK 4. FINAL DESIGN(90 PERCENT)AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans,ENGINEER will prepare construction plans as follows • Final draft construction plans(90%)and specifications shall be submitted to CITY per the approved Project Schedule. • 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 licensed in State of Texas. The ENGINEER shall submit a final design opinion of probable construction cost with both the 90% and 100%design packages. This opinion shall use ONLY standard CITY bid items. ASSUMPTIONS • The project will consist of six(6)phases. One(1)Final Design deliverable will be provided for each phase. • One(1)sets of full size(22"x34")drawings and One(1)sets of specifications will be delivered for the 90%Design package. • One(1)sets of full size(22"x34")drawings and One(1)sets of specifications will be delivered for the 100%Design package. • Traffic Control"Typicals"will be utilized to the extent possible. It is assumed an additional fifty-two(52)project specific traffic control sheets will be developed. • Plans set sheet list: • Cover sheet,Index sheet,General Notes sheet,Location map and sheet reference sheet, Location map existing water sheet,Location map existing sanitary sewer sheet,Location map abandoned water sheet,Location map abandoned sanitary sewer sheet,Location map control point sheet, Sequencing,Project Specific Notes,Easement location Sheet, Water plan and profile sheets(39), Sanitary Sewer plan and profile sheets(14), Water detail sheets(5), Sanitary Sewer detail sheets (5),Pavement details sheet(3),Erosion Control sheets(3), Cathodic Protection Sheet(4),Traffic Control Plan sheets(25). DELIVERABLES A. 90%construction plans and specifications for each project phase. B. Traffic Control Plan C. 100%construction plans and specifications for each project phase. D. Detailed opinion of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format for each project phase. E. Original cover mylar for the signatures of authorized CITY officials for each project phase. ATTACHMENT W TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9103/2009) PAGE 11 OF 19 TASKS. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support The ENGINEER will provide the following services for each project phase: • The ENGINEER may,at the direction of the CITY,upload all plans and contract documents onto Buzzsaw for access to potential bidders. Contract documents shall be uploaded in .pdf files and the plans in .pdf and .dwf files. • The ENGINEER shall sell contract documents and maintain a plan holders list from documents sold and, if applicable,downloaded from Buzzsaw. • 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 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 mail addenda to all plan holders and,if applicable,upload all approved addenda onto Buzzsaw. • Attend the 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. • Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Alternate Bid Support In lieu of providing bid support to the Buzzsaw bidding method,the ENGINEER, at the City's request,will provide the following bidding services for each project phase. • The ENGINEER will have up to forty(40)sets of the bidding documents reproduced. If additional sets are required for issuance, it will be considered additional services. • The ENGINEER will prepare a Notice to Bidders for publication by the CITY. The CITY will be responsible for publication of the notice. The CITY will be responsible for distribution of bidding documents to prospective contractors, suppliers and plan rooms. • A pre-bid conference will not be held for this project. • The ENGINEER will provide support to CITY staff during the advertisement phase of the project, answer questions from bidders, issue interpretations of the contract documents and prepare necessary addenda for the project.Addenda will be reviewed and approved by the CITY prior to issuance. • The ENGINEER will attend the bid opening for the project, assist in the review and tabulation of the bids received,evaluate the apparent low bidder(s)and make a recommendation regarding the possible award of the contract. The ENGINEER will assist the CITY by checking references of apparent low bidders. • The CITY will prepare Conformance Documents for this project. ATTACHMENT WTO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 910312009) PAGE 12 OF 19 • The ENGINEER will prepare six(6)sets contract documents for execution by contractor, receive and review such documents for completeness and forward to the CITY for review and execution. • The ENGINEER will provide one(1)set of plans on Mylar. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. ® Twenty(20)sets of construction documents will be prepared to be sold to plan holders and/or given to plan viewing rooms. ® Ten(10)full size(22"x 34") sets of plans and specifications(conformed, if applicable) will be delivered to the CITY. DELIVERABLES A. Notice to Bidders(if applicable) B. Bidding Documents(if applicable) C. Addenda D. Bid tabulations E. Recommendation of award F. Construction documents(conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will provide professional construction phase services for construction of the proposed project,for the purpose of providing assistance to CITY during construction. The Water Department will provide Construction Management services for the project. Construction Phase Services will not include services related to inspections or testing,applications for payment, disagreements between the CITY and the Contractor, or determination of substantial completion. These services will be considered Additional Services. The following services will be performed for the construction contract: 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre-construction conference,the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents.The CITY shall select a suitable location and mail the invitation letters to the affected customers. • ENGINEER will provide on-site construction observation services during the construction phase. ENGINEER will make visits at intervals as directed by CITY in order to observe the progress of the Work. The ENGINEER will attend monthly progress meetings and visit the site for observation at that time. In addition,the ENGINEER will visit the site one(1)additional time each month for a total of two(2)visits per month during construction for each project phase. Once the total number of visits exceeds thirty-six(36) ATTACHMENTT"A"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 910312009) PAGE 13 OF 19 t visits,any additional visits will be considered additional services. Such visits and observations by ENGINEER are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement,and similar methods of general observation of the Work based on ENGINEER'S exercise of professional judgment. Based on information obtained during such visits and such observations,ENGINEER will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents,and ENGINEER will keep CITY informed of the general progress of the Work. The purpose of ENGINEER'S site visits will be to enable ENGINEER to better carry out the duties and responsibilities specifically assigned in this Agreement to ENGINEER,and to provide CITY a greater degree of confidence that the completed Work will conform in general to the Contract Documents. ENGINEER shall not,during such visits or as a result of such observations of Contractor's work in progress, supervise, direct,or have control over Contractor's work,nor shall ENGINEER have authority over or responsibility for the means, methods,techniques, equipment choice and usage, sequences,schedules,or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work,nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. • 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,approvals or other action will not extend to means, methods, techniques,equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs and 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. • As request by the CITY,the ENGINEER will evaluate and determine the acceptability of substitute or"or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents,but subject to the provisions of applicable standards of state or local government entities. • 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. ENGINEER will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to CITY as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by CITY. • The ENGINEER shall attend the"Final"project walk through and assist with preparation of final punch list.ENGINEER will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment,ENGINEER shall also provide a ATTACHMENT W TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 910312009) PAGE 14 OF 19 notice that the Work is generally in accordance with the Contract Documents to the best of ENGINEER'S knowledge, information,and belief based on the extent of its services and based upon information provided to ENGINEER upon which it is entitled to rely. ® ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors,suppliers,or of any other individual or entity performing or furnishing the Work. ENGINEER shall not have the authority or responsibility to stop the work of any Contractor. 6.2 Record Drawings The CITY will prepare Record Drawings for this project. Mylar Submittals The ENGINEER will submit a final set of mylar drawings for record storage as follows: I. Water and sanitary sewer plans will be submitted as one set of plans. Water and sanitary sewer plans will be separate from paving and drainage plans. Sheets will be standard size(22"x 34")with project numbers(Water/Sanitary Sewer and TPW) prominently displayed. 2. For projects where paving/grading/drainage improvements occur on a Water Department funded project with no T&PW funding involved, a separate set of mylars with cover sheet will be submitted for TPW. 3. Signed plan sets will also be submitted as an Adobe Acrobat PDF format(version 6.0 or higher)file. There will be one(1)PDF file for the Water plan set and a separate PDF file for the TPW plan set. Each PDF file will contain associated sheets of the particular plan set. Singular PDF files for each sheet of a plan set will not be accepted_ PDF files will conform to naming conventions as follows: a. Water and Sewer file name example—"X-35667_org36.pdf'where"X-35667"is the assigned file number obtained from the City of Fort Worth, " org" designating the file is of an original plan set,"36"will be the total number of sheets in this file. Example: X-12755—orgl8.pdf b. TPW file name example—"W-1956—org47.pdf'where"W-1956" is the assigned file number obtained from the City of Fort Worth,"_org"designating the file is of an original plan set, "47"will be the total number of sheets in this file. Example: W-0053 org3.pdf and K-0320—org5.pdf ATTACHMENT WTO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9103!2009) PAGE 15 OF 19 c. Both PDF files will be submitted on one(1)Compact Disk,which will become property of and remain with the City of Fort Worth. Floppy disks,zip disks,e- mail flash media will not be accepted. 4. For information on the proper manner to submit PDF 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 City Project number and proper fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • Thirty-six(36)site visits are assumed. • Thirty-three(33)submittal reviews are assumed. DELIVERABLES A. Three(3)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 for each of three(3)phases G. One(l) Set of Mylar Drawings TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below,per scoping direction and guidance from the CITY's Project Manager. 7.1. Right-of-Way Research o The ENGINEER shall determine rights-of-way,easements 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 documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 7.3 Temporary Right of Entry Preparation and Submittal • 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 land owners ATTACHMENT'A"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 910312009) PAGE 16 of 19 adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. s The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • Six(6)permanent easements. • Six(6)temporary construction easements. • Six(6)temporary rights of entry letters with exhibits • Easement preparation will begin after approval of the Conceptual Design. 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. 8.1 Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data,elevations of all sanitary and adjacent storm sewers,rim/invert elevations, location of buried utilities,structures,trees (measure caliper, identify overall canopy,and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: — A Project Control Sheet, showing 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). ATTACHMENT A'TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 0312009) PAGE 17 OF 19 5 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property for field survey,the ENGINEER shall prepare,mail and obtain Temporary Right of Entry from landowners. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 8.3. Construction Survey • ENGINEER will provide assistance to the CITY on matters concerning the layout of the project during its construction ASSUMPTIONS • Horizontal control shall be NAD 83 and vertical control shall be based from existing City vertical control monuments. 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. 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. Environmental Services The ENGINEER will prepare one(1)US Array Corp of Engineers Section 408 Nationwide Permit related to the proposed crossing of the Trinity River. Such services are anticipated to include: • Negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests ASSUMPTIONS • One(1)permits,water • Two(2)review iterations • Permit preparation will begin after approval of the Conceptual Design. DELIVERABLES ATTACHMENT A'TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 910312009) ?AGE 18 OF 19 A. Jurisdictional Determination Memo B. Nationwide 408 permit for water ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scone 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. • Additional Permits other than permit identified in Scope of Services. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification,bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire,flood, earthquake or other acts of God. • Services related to warranty claims,enforcement and inspection after final completion. • Services to support,prepare, document,bring, defend,or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. ATTACHMENT WTO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9/1312009) PAGE 19 OF 19 ATTACHMENT"B" Compensation i. Professional Engineering Services For all professional engineering services included in ATTACHMENT "A", Section I, Basic Services of the General Scope of Services, the CITY agrees to pay the ENGINEER on a cost plus maximum basis. The total amount of the contract will not be exceeded without a modification to this agreement; however, any task may be exceeded as long as the PROJECT total is not exceeded. Recommend budgets are as follows: ■ Task 1 --Design Management $ 102,500 ■ Task 2—Conceptual Design $ 125,100 • Task 3—Preliminary Design $ 178,900 Task 4—Final Design $ 269,600 e Task 5—Bid Phase Services $ 35,200 ■ Task 6—Construction Phase Services $ 72,100 Task 7—ROW/Easement Services $ 30,300 ■ Task 8—Survey Services $ 202,250 ■ Task 9—Permitting $ 56,300 Total compensation to be paid to the ENGINEER will not exceed $1,072,250 II. Basis for Compensation The CITY will compensate the ENGINEER for the various items listed above on a reimbursable basis, where the total contract amount may not be exceeded without an amendment,task budget may be exceeded. Labor fee will be billed at 3.61 times the salary cost. Direct reimbursable expenses such as express delivery services, fees, air travel, subconsultant expenses, printing, and other direct expenses will be billed at 1.10 times cost. Other expenses such as in-house duplicating, local mileage, telephone calls, facsimiles,postage,word processing and technical use of computers shall be included as part of the labor rate multiplier. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees that are not identified specifically in the scope of services shall be paid directly by the Client. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice. ATTACHMENT'A'TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 710812009) PAGE 1 OF 5 EXHIBIT "B-1" M/WBE Summary Cultural District/Will Rogers Area Water and Sanitary Sewer Improvements Task Description Fee NMBE (%o) Task 1 —Design Management $102,500 $0 Task 2—Conceptual Design $125,100 $12,750 Task 3—Preliminary Design $178,900 $0 Task 4—Final Design $269,600 $29,000 Task 5—Bid Phase Services $35,200 $0 Task 6-Construction Phase Services $72,100 $0 Task 7 -ROW/Easement Services $30,300 $10,800 Task 8-Survey Services $202,250 $160,900 Task 9-Permitting $56,300 $0 Total Project $1,072,250 $213,450 (19.91%) MIWBE Subconsultant Services Fee Gorrondona and Associates,Inc. Survey $151,750 Gorrondona and Associates,Inc. SUE $9,150 Alpbagraphics#83(ML Holding) Printing/Reproduction $29,000 Addula Consulting Engineers Geotech $12,750 Gorrondona and Associates,Inc. Easements $10,800 Total $213,450 Non-MIWBE Subconsultant Services Fee Corrpro Companies Inc. Cathodic Protection $25,000 Total $25,000 This attachment is provided for informational purposes only to show the projected plan to meet the M/WBE goal of 19%. The actual dollars paid by the ENGINEER to M/WBE subconsultants may vary for each task as well as for each subconsultant.The subconsultants listed are those intended for use on this project,but the actual subconsultants used may vary. PAGE 2 OF 5 CIM® Kimley-Horn Budget Summary Mand Associates, Inc. Date: Dec 17,2009 Project Workplan Budget General Pr6jeQt-16f6rniatioh Fee information Client: City of Fort Worth Fee Type: CI' rf. Fix Mult. 3.61 Project: Will Rogers Water&Sewer Expense Mult: 1.10 ;"- Schedule: KHA No. 061018xxx Computer Mult: 0.00 PM: JR T Allocation: 0.0% !Task Budget S(Irnma..fy No. Task Name Hours i Labor Expense Allocation Sulbtotal 1 I Design Management 690 $ 102,500 $ 102,500 200 Conceptual Design .812 $ 109,200 $ 9,875 $ 111,075 300 Preliminary Design 1,939 $ 146,100 $ 5,300 $ 151,400 400 Final Design 1,345! 1 $ 180,400 $ , 0 $ 185,400 450 Traffic Control 380 $ 51,200 $ 1,1 9 0fl $ 52,300 500 Bid Phase Services 259 $ 34,500 $ 700 $ 35,200 600 Const. Phase Services 494 $ 71,800 $ 300 $ 72,100 700 Easement Services 108 $ 14,000 $ 4,420 $ 18,420 800 Survey Services 114 $ 15,000 _$7_1 0,260 $ 25,260 900 Permitting 369 $ 55,300 $ 1,000 $ 56,300 777 Contingency $ - TOTALST. -,5,7021 $ 780,000 $ 29,955 $ d $ 809,955 Task No. Task NameCost Aliultiplier Subtotal Survey&SUE (GA) (30,350 LF17 SUE) $ 160,900 1.10 $ 176,990 Reproduction (Alpha) $ 29,000 1.10 $ 31,900 Geotechnical (Addula) $ 12,750 1.10 $ 14,025 Cathodic Protection(Corrpro) $ 25,000 1.10 $ 27,500 Easements 6 Perm, 6 Terri $ 10,800 1 10 $ 11,880 T®TALS: $ 238,450 $ 262,295 Projqct,Budget Effort Totals: Multipliers: labor: $ 780,000 Fixed Multiplier: 3.61 Expense: $ 292,260 overall Multiplier: 3.53 TOTAL: $ 1,072,250 Page 1 of 14 K:\FTW Utilities\0610180691PPP%FrnalContract\workplanBudget_FW-WirlRogers_5.XIS Printed:3/812010, 12:57 PM Kimley-Horn and Associates,Inc. Project Workplan Budget Date: December 17,2009 -ia rV Task Information General Project information iTask- Effort Sunin Client: City of Fort forth Labor: $ 102,500 Number: 100 Project: !rk!lill Rogers Watter&Sewer Expense: $ o Name: Design Management KHA No: 061018xxx Allocation: $ e Task Mgr: SRIVI PM: JRT 'CAU 102,500 • • ?5���' Personnel: GAG JR7 SRMJ JLJ SMU CMI. SRA SOTO Camp Task Descriptions: P7 P6 P21 N5 53 N4 P5 (Mrs) (Hrs) Exp(S) Task 1 Design Management(3 yr/36 mo) 1 Managing the Team 2 Communication and Reporting Pre-design kickoff meeting(6 den prof) 8 8 8 24 131-weekly meetings(1 every other week) 36 72 72 36 216 (mtgs for 3 years) Invoice prep(3 yrs) 18 12 30 Baseline Schedule&updates(3 yr) 6 18 24 18 Monthly progress reports(3yr) 24 54 78 36 Monthly'MIWBE reports(3 yr) 18 36 Other agency coordination Mtgs w/Kimball(3) 3 6 6 3 18 Mtgs for Multipurpose Bldg(6) 3 12 12 6 33 Mtgs for SWELS Arena(8) 4 16 16 8 44 Mtgs wt Event-Facilities(3) 3 3 3 3 12 Mtgs w/Field OpslProd(6) 3 .6 6 6 21 Coordination wl Dunaway(Foch) 2 4 10 16 Coordination w/Dunaway(Arena) 2 8 16 26 Coordination wI FNI 2 8 16 26 Coordination wl Kimball Development 4 16 48 68 ---Su-btotals:l 70 20712851 981 181 12 6901 54 $ • • �r cost"I 5.2 11.5 8.61=1=, O-':Y1 28.4 0.5 Effortl 18.9141.5131.11 8.21 1.81 0.91 1 1 11 1021 1 Page 2 of 14 K:IFTW Uliiities1o610180691PPPIFinalConlractlWorkplanBudget_FW-WillRogera 5.xls Printed:3/812010,12:57 PM ®_® 1(imley-Horn ® and Associates,Inc. Project Workplan Budget Date: December 17,zoos ation General Client: •City of Fort Wortroh Labor: $ 109,200 Number:, 200 Project: Will Rogers plater&Sewer Expense: $ 1,876 Name: Conceptual Design KHA No: 061018xxx Allocation: $ Task Mgr: SRM PM: JRT TOTAL: 111,07: PRO GPS,�p,�J e�`P�O�• y,���Go��.�` Personnel: GAG JRT SRM MTVComp Task Descriptions: P7 P6 P2 _ (Hrs) (11 Exp($) 'task 2 Conceptual Design(30 percent) 1 Data collection from Fort Worth 3 6 9 from franchise utilities 2 6 8 TCAD Research 6 24 30 24 Mtgs wl Public Events(12) 12 12 12 36 2 SUE Coordination w/subconsultant 4 13 17 (each phase) Site visit design team walk thru(6) 18 18 18 54 3 Geotechnical Investigation Coordination w/subconsultant 6 24 30 review documentation6 12 18 4 Conceptual Design(6) Cover Sheet 6 6 3 Horizontal Alignment Input/Clean up Survey 6 90 96 90 Add existing utilities 12 150 162 150 ID ROW/Easements(2 phases) 6 12 18 5 Proposed Alignments(3 all)/Plan 6 26 159 191 150 (Draft 53 Sheets-3 hr/sheet) Geotech Report-Add bore locations 6 6 6 Proposed Phasing Limits 3 12 15 12 OPCC 12 60 72 60 internal QC review(6) 13 13 26 Deliverables(6) 3 15 18 12 1,704 Subtotals: 49 138 625 812 512 $ 1,704 cost:I .7 1 7,7118.91 1 30.2 5.11 1.7 Effort: 13.2 27.7 68.2 109 Page 3 of 14 K:NFTW_Utilitiesk06lol8o691PPPIFinalConlrect\WorkplanBudgeLFW WitiRogers_5.xis Printed:3/8=10,12:57 PM M� f� KimleyHorn and Associates,Inc. project Workplan Budget Date: December 17,2009 Client: City of Fort W©l=lih Labor: $ 146,100 Number: 300 Project: Will Rogers Dater& Sewer Expense: $ 5,300 Name: Preliminary Design KHA No: 061016xxx Allocation: $ - Task Mgr: SRM PM: JRT T®TAI-: 'i51,400 • •1(101 11ra I CIO 0 . . QQ- Q- Personnel: GAG JRT SIRM SRA EH SON Comp Task Descriptions: P7 P6 P2 I P5 P3 (Hrs) (Hrs) Exp(5) Task 3 Preliminary Design(60 percent) 1 Preliminary Design Drawing&Specs 1,800 Drawings(6 phases) cover sheet 3 3 2 sheet index 6 6 6 general notes 6 fi 6 location map&sheet reference 1 6 7 6 location map existing water 12 12 12 location map existing sewer 12 12 i2 location map control points 12 12 12 plan and profile water(39) 3 39 390 432 350 plan and profile sewer(14) 3 14 140 157 120 water details(2 sheets) 6 6 6 non standard water dlis(5) 2 20 50 72 40 sewer details(4 sheets) standard sewer details 6 6 _6 sewer structural details(3) 2 24 30 56 20 Erosion Control(6) 12 12 12 Specifications(6 phases) 26 Front end documents 3 18 5 Draft Bid proposal 3 18 5 26 Technical specs TOC 6 12 15 33 Easements docs(6 Permanent,6 Temp) 3 2 define easement area for surveyor 1 2 review easement documents 1 2 3 2 coordination wl real property 3 3 Easement Location Sheet 2 6 8 6 Opinion of Probable Const Cost(OPCC)(6) 21 quanity take offs 3 1 B Pricing 3 6 9 OPCC spreadsheets 6 12 18 6 Intemal QC review(6) 18 internal review 6 12 Revisions 48 48 40 Geotechnical investgation 15 Coordination wl geotech 3 12 3 Cans;ruclability review 54 Meeting(6) 18 18 18 Summarize meeting comments 2—E— 2 4 Public meefing(Only 1 during Construction) Page 4 of 14 K:\FTW Utllities10610180691PPP1FinalConlrsetlWorkpienBudget FW-WillRogers_5.xls Printed:31812010,12:57 PM ❑�❑ Kimlandey-Horn Associates,Inc. Project Workplan Budget Date: December 17,2DD9 F Information' 100 Number: r 300 Client: City of Fort Worth Labor: $ 146, Project: Will Rogers Water Sewer Expense: $ 6,300 Name: Preliminairy Design KHA No: 061018xxx Allocation: $ - Task Mgr: SRM PM: JRT T®'TAL: 1 1,4DO firmple Personnel: GAG JRT SRM SR9+ EW SubTu Comp Task Descriptions: P7 P6 P2 P5 P3 (Hrs) (Hrs) I;xp($} 5 Utility clearance Coordination wl public&private utilities 6 18 24 60%plan submittals(10 sets) 3 18 21 $ 3,000 Subtotals: 34 171 901 25 11139 666 $ 4,800 Cost.1 2.51 9,5127.21 1.21 40.41 6.7 4.8 Effort: 9.2134.319t5.31 4.31 1 1 11 1461 5.3 Page 5 of 14 K:%F'TW Utilities%0610180691PPP1FinalContract\WorkplanBudget_FW-WillRogera 5.xls Printed:31812010,12:57 PM ❑�❑ 'Imley-Horn I� and Associates,Inc. Project Workplan Budget Date: December 17,2009 General Project hitorr-nation Task Effort Suaittiary Task Inforrnation Client: City of Fort Worth Labor: $ 180,400 Number: 400 Project: Will Rogers Water&Sewer Expense: $ 5,000 Name: Final Design KHA No: 081018xxx Allocation: $ m Task Mgr: SRM PM: JRT TOTAL: 185,400 Task Description 5 Go Personnel: GAG JRTI SRM SRA EHI I I I SOW Comp 'task Descriptions: P7 P6 P2 P5 P3 (wrs) (Hre) Exp($} Task 4 Final Design(90 percent)&Final Constuction Documents(100 percent) 190%Drawing&Specs $ 1,500 Drawings cover sheet 3 3 2 sheet index 3 32 general notes 3 3 2 location map&sheet reference 3 3 2 Easement layout Sheet 6 6 3 location map existing water 3 3 2 location map existing sewer 3 3 2 location map control points 3 3 2 plan and profile water(39) 39 195 234 975 plan and profile sewer(14) 14 7084 70 water details(2 sheets) 1 3 4 2 non std wlr details(5) 1 10 25 36 20 sewer details(4 sheets) standard sewer details 3 3 2 sewer structural details(2) 1 4 10 15 5 Erosion Control(6) 6 12 18 12 Detailed Sequencing Notes 24 96 120 30 (20 hours per Phase) Specifications(6) Front end documents 6 30 5 41 Bid proposal 12 30 5 47 Technical specs(4 non-std) 2 20 16 15 53 2 Opinion of Probable Const Cost(OPCC) quanity take offs(3 hr/sheet) 26 159 185 OPCC spreadsheets(6) 18 30 48 15 3 Internal QC review $ 1,000 internal review(0.5hrlsheet) 26 26 52 Revisions(16hrlphase) 96 96 85 4 City Submittal(6) $ 1,000 90%plans,spec,opcc,traffic control 12 60 72 30 review meeting 18 18 18 54 5 100%Drawing&Specs(6) $ 1,ODD Revisions 12 48 60 40 final plan and spec production 12 60 72 30 publish bid documents(20 sets) 6 18 24 9 Sublotals:1 481 2661 1006 25 13451 5421 42 $ 4,500 Tisk CoquEffon Subtotals000 Cost: 3-til 1471 30.4 1.2 50.Q 5.4 4.5 Page 6 of 14 K:1FTV1 Utilities1061018069kPPP%FinalContract%WorkplanSudgei FW-WillRogers_5.XIS Printed:3/812010,12:57 PM i� KidHorn and Associates,lnc. Project Workplan BudgetDate: December 17,2009 • - • r s a • Client: City of Fort Wogth Labor: $ 180,400 Number: 400 Project: tt'+lill Rogers Water&Sewer Expense: $ 6,000 Name: Final Design KHA No: 061018xxx Allocation: $ . - Task Mgr: SRM PM: JRT TOTAL: 186,400 Task Desce-Ution and Budgeting Personnel: GAG JR'i SRM SRA EH Sub7tl comp Task Descriptions: P7 P6 P2 P5 P3 tHrs) (Hrs) Exp fS) Effort: 13.0 53.4 110 4.3 180 5.0 Page 7 of 14 K:1FTW Utilities%061018069'PPP1FinalContractlWorkplanBudgei FW WillRogers_5.xls Printed:3/812010.12:57 PM General }project Information Task Effort Summary Task Information f 11 Task.Dessrr tion,and B -et'ng logo - M -==I C.:.CCC....C: MMMMM MM Task Cnst/EffQrt Subtdtal 4 o0ll'sS Lk�r ccmt'. i "E� ®�❑ Kimley-Horn and Associates,Inc. Project Workplan budget Task Inforniation General Date: December 17,2oas Project Client: City of Port!{forth Labor: $ 34,500 Number. 500 Project: Will Rogers Water& Sewer Expense: $ 700 Name: !Miall Phase Seivices KHA No: 061018xxx Allocation: $ - Task Mgr: SRS PM: JRA' T®TAL 35, 0© . e V. Personnel: GAG JRT SRM JLJ SubTtlComp Task Descriptions: P7 P6 P2 N5 (Hrs) (Hrs) Exp(S} Task 5 Construction Phase Services 3 projects only 1 Bid Support(3 projects) Distribute Plans/or Buzz Saw 6 12 60 78 Answer bidders questions 6 36 12 54 Issue Addenda 1 12 15 28 Ariemative materials acceptability 3 6 9 Attend bid opening 3 3 6 bid tab reviewlaward 6 12 12 30 12 produce conformance documents 6 30 36 30 $ 300 produce mylars for record storage 3 15 18 15 $ 300 Subtotals: 71 751 10bi 7121 259 57 $ 600 Cost: 0.5 4.2 3.2 1.71 1 9.51 0.61 0.6 Effort:l 1.9115.1111.51 6.0 -34.41 1 0.7 Page 9 of 14 K:\FTW Utilities\0610180691PPP1FinalContractlWorkplanBudget_FW-WiliRogers-5.xls Printed:31812010,12:57 PM ®_® I(imley-Morn and Associates,Inc. Project Workplan Budget Date: December 17,Zoos 'General.Project Information. Task Effbrt Suinniaty Task iriforrn�tiqn Client: City of Fort Worth Labor: $ 71,800 Number: 600 Project: Will Rogem Water Sower Expense: $ 300 Name: Const. Phase Services KHA No: 061098xxx Allocation: $ - Task Mgr: SRM PM: JRT T® p►lb: 7�,1fl0 Personnel: G G JRT 5RM JLJ SUM Comp Task Descriptions: P7 P6 P2 N5 (Hrs) (Hrs) Exp($) Task 6 Construction Phase Services 3 Projects Only 1 Construction Support(3) Attend preconstruciton conference 3 6 6 15 Public meeting prepare exhibit(3) 6 18 24 $ 200 attend meeting(3) 9 9 9 27 Site visits(2/mo for 18 mo--36 visits) 75 75 150 Shop drawing reviewldistdbtlog Pipe(3 sds per 3 ph:=9) 3 9 48 6 66 Gate Valves(2 sds per$projects=6) 1 6 24 3 34 Manholes(2sds per 3ph=6) 1 6 24 3 34 ARVBOVs(2sds per 3ph=6} 1 6 24 3 Fittings and Misc(6 sds) 1 6 24 3 34 Spec interpretation 15 30 45 Final walk-thru(3) 5 9 5 19 Punch List(3) 6 6 12 Subtotals: 24 159 42U_7fJ_Z41 1�A4941#$ 200 • • - Cost: 1.81 8.81 8.71 0.6 19.9 0.2 Effort:1 6.5131.9131.31 2.0 71.71 0.2 Page 10 of 14 K:%FTVVUtilitiesN0610180691PPP\FinalConlract\WorkplanBudget_FW WillRogers_5.xts Printed:31812010,12:57 PM 3 ®_® Kimley-Horn and Associates,inc. Project Workplan Budget Date: December 17,2009 . Jask Infwmatioti Client: City of Fort Worth Labor: $ 11,000 Number: ©0 Project: Will Rogers Water&Sewer Expense: $ 4,420 Name: Easement Services KHA No: 061018xxx Allocation: _$ w Task Mgr: SRM PM: JRT T liirmmpk- . : Q-Q- Personnel: GAG JRir SRM J MTV Comp 'task Descriptions: 07 P6 P2 N5 (Hrs) (Hrs) Exp($) Task 7 ROW/Easement Services 1 Right-of-Way Research See Sub-Consultant Summary Send Easement Area to Surveyor 6 18 24 15 $ 3,918 2 Right-of-Way/Easement Preparation See Sub-Consultant Summary Review Documents(12) 5 20 25 3 Temporary Right of Entry Preparation Prepare Documents(12) 4 16 20 $ 100 Coordination with Property Owners 4 16 20 Coordination with Real Property 5 14 19 Subtotals: 24 84 108 +15 $ ,D18 5. •rt Subtotals ($000's)Cost: 1.31 2.5 3.9 0.2 4.0 Effort: 4.8 9.2 14.0 4.4 Page 11 of 14 K:1FTW_Utilities%0610180691PPP1FinalContract\WorkplanBudget_FW-WillRogers_5.xls Printed:31812010,12:57 PM General Project Information Task Effort 5uniMaryTask Information OWN • e , . I : 1 — ■ 1 Task I]esdription and BudgetingP111 OTTTT 4_ MM M�O MM M 'M 0 MW MM MM Task Cost;Eflort Subtotals ($000`.) r.hr Comp Cxp ®® andd AssociatKiMHorn � es,Inc. Project Workplan Budget Date: December 17,2009 Task Information .General Project Information Client: City of Fort Worth Labor: $ 55,300 Number: 000 Project: Will Rogers!dater&Sewer Expense: $ 1,000 Name: Permitting KHA No: 061018xxx Allocation: $ - Task Mgr: SRIM PM: JR`1 TO rAL: 56,300 .�ik�-Dcscription and Budgeting. C9P� •tp� NQS C�� '��` 5, CP Personnel: GAG JRT SRM LDCl JLJ I SOTtl Comp Task Descriptions: P7 P6 P2 P5 I N5 (Hrs) (Hrs) Exp(3) Task-9 Permitting 1 SWPPP Prepare SWPPP(3 projects) 2 6 30 45 10 93 60 Submit for City Review 12 6 1 B 24 30 12 $ 500 1 Environmental Services Perpare 404/408 Nationwide permit Descriptive Memo 1 2 10 2 2 17 10 Jurisdictional Determination 30 2 32 Pre-Construction Notification 2 10 2 14 10 Coordination wl Corp 6 6 18 60 2 92 18 Submit for City review 4 4 4 $ 200 Coordination wlTRWD 12 12 6 12 2 44 6 Revisions 1 10 11 Submit for Corp review 6 6 6 Final Revisions 6 30 2 38 6 $ 200 Subtotals:1 21 28 1031 197 20 369 186 $ 900 a • • ,rrr Cost: 1.51 1.61 3.11 8.61 0.61 1 1 1 1 1 15.30.9 Effort: 5,71 5.6111,2131.11 1.71 11 55.3 1.9 1.0 Page 13 of 14 K:\FTW Utilities\0610180691PPP\FinalContract\WorkplanBudget FW WillRogers_5.xls Printed:31812010,12:57 PM 1 N4ao04+7n0 '✓ m 04000 tr iS O �T a01P06� Q� N � CPO , , , , , 00000 co a3 p r r r r r r r r r cl ti r- aa)i ng 0 cm') OAi foo m OOui 00 _ mONOao +�+ vmNNN C?C' N md)�tCJ� A Iry 6- O C6 1-7 NO wcv to — W Lo tD A C] � Nr Or ' r 00 LO MA C%l C N9 to to tia to 69 44 to tR 69 to V!64 40 49 tFa t9 to M 69 to tf3 to 43 69 to H9 Vi d9 to V9 Vi a C r rM ti d Q tra to u!611)to 69 w to us Va ti!ua Va v)H9 Va V3 Vi to 69 609 ti tR to to 63 to a co LO CO PO pa CrJ r r Q a O V tR 419 WD-Fo W 40),to to Eo t9 fA te,to to to Va to to N9 tfl'69 to to to 409.:::•::::•:;•:::;::-:po:: ::::•:::•: 000000000 ::,g 0 ¢ g0 V 0 0 0 0 0 W A O pp r..i 46 ' OCO OO 0) 0) 0 ' ' ;'•pOjON 6 6 tV n CO Lf) o to N cry N 6� -'a<Pm O gn co Cl) Co N 6�'�" [DNC O :.. � :'AMrNr R ill r Va to to Va to 69 to 6%Vi fo fo to to w to to 4l9 to Eo fA Vt 4A V3 to tR:::'w ot.69 VT tl9 tR • :: [7 •R g W N tOD W m r r r r r r r r r r r r r r � i•) F tV Oi M O o not- No IV V_ OcM1�O�mN Cl C)to Or •p A C O O V co N LL O U f9 to tl9 til Va to tra to to to 0%to to to 61.116o to 0 t9 to 696%w Vi t9 64;;:: ........: :: Oo ra va +nrnvt-a co to r ' . , , ' , 00000 m n70v, en +n0vv, 40000 A O � p ti �co.+ ti � wga' {� r r r r r r co cc ao rn o n g g ai t^ N 5 apt N ooc c M u.) 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Ca EXHIBIT"B-3" FEES FOR REPRODUCTION SERVICES Cultural District/Will Rogers Area Water and Sanitary Sewer Improvements SETS /SHEET SHEETS TOTAL 1 Conceptual Engineering- Plans ($2.00/sheet x sheets/set+$1.00 binding/set) 6 $2.00 53 $642.00 2 Preliminary Design- Plans ($2.00/sheet x sheets/set+$1.00 binding/set) 16 $2.00 113 $3,632.00 Specs ($0.035/page x page/report+$1.25 binding/set) 3 $0.035 1200 $129.75 3 Final Design- Plans ($2.001sheet x sheets/set+$1.00 binding/set) 3 $2.00 230 $1,383.00 Specs ($0.035/page x page/report+$1.25 binding/set) 18 $0.035 1200 $778.50 Mylar Cover Sheets ($7.50/sheet x sheets/set) 6 $7.50 1 $45.00 4 Bid Advertisement- Plans ($2.00/sheet x sheets/set+$1.00 binding/set) 30 $2.00 230 $13,830.00 Full Sized Plans-Water Dept. ($2.00/sheet x sheets/set+$1.00 binding/set) 6 $2.00 230 $2,766.00 Half Sized Plans ($1.00/sheet x sheets/set) 15 $1.00 230 $3,465.00 Specs ($0.03 51page x page/report+$1.25 binding/set) 30 $0.035 1200 $1,297.50 5 Final Mylars- Plans ($7.50/sheet x sheets/set) 1 $7.50 230 $1,725.00 6 Mounted Exhibits- ($35.75/sheet x sheets/set) 3 $35.75 1 $107.25 Reproduction Services Total $29,159.00 Water Department(Water&Sanitary Sewer)Subtotal $29,159.00 Note:Services above will performed by an MWBB firm PAGE 3 OF 5 ATTACHMENT"C" Amendments to Standard Agreement No modifications to the Standard Agreement were necessary for this project. PAGE 4OF5 ATTACHMENT"D" Schedule ENGINEER will endeavor to meet the CITY'S scheduling needs on this project. The ENGINEER will complete the tasks defined Tasks 1-8,in the Scope of Services in general conformance with the attached schedule. 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Is r �-io rsL-w --rsriti- m M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas T rIii. 1{lH CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 21912010 DATE: 2/9/2010 REFERENCE NO.: C-24094 LOG NAME: 02CDWR-KHA CODE: C TYPE: NON-CONSENT PUBLIC NO NO SUBJECT: Authorize an Engineering Agreement in the Amount of$1,072,250.00 with Kimley-Horn and Associates, Inc., for the Cultural District/Will Rogers Area Water and Sanitary Sewer Improvements on Watonga Street, Montgomery Street, Harley Avenue, Camp Bowie Boulevard, Will Rogers Road, Lancaster Avenue, University Drive, Crestline Road, Tulsa Way, Fredrick Street, Lafayette Avenue, Tremont Avenue and Bryce Avenue (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Agreement with Kimley-Horn and Associates, Inc., in the amount of$1,072,250.00 for the Cultural DistrictWll Rogers Area Water and Sanitary Sewer Improvements on Watonga Street, Montgomery Street, Harley Avenue, Camp Bowie Boulevard, Will Rogers Road, Lancaster Avenue, University Drive, Crestline Road, Tulsa Way, Fredrick Street, Lafayette Avenge, Tremont Avenue and Bryce Avenue. DISCUSSION: The proposed project will provide engineering services for the replacement of water and sanitary sewer lines in the vicinity of the Will Rogers Memorial Coliseum and Cultural District Areas. These improvements are necessary to accommodate the increased water and sanitary sewer demands from proposed building expansions including the Will Rogers Multipurpose Facility and the Kimbell Art Museum. This project also includes design of water and sanitary sewer improvements for the existing Will Rogers facilities, the proposed Harley Street realignment, as well as replacing and upsizing existing water mains with maintenance problems along Montgomery Street, University Drive, Camp Bowie Boulevard, Crestline Road and Lancaster Avenue. The proposed scope of services consists of the following: Preparation of plans and specifications Geotechnical engineering Survey services Subsurface utility engineering Easement preparation Construction phase services Kimsey-Horn and Associates, Inc., proposes to provide the necessary engineering services for a lump sum fee of$1,072,250.00. City staff considers the fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $39,000.00 (Water: $19,500.00 and Sewer: $19,500.00) is required for project management, real property acquisition and utility coordination. Kimley-Horn and Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to 19 percent M/ BE participation. The City's goal on the project is 19 percent. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATIONICERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. http://apps.cfwnet.org/council_packet/mc review.asp?ID=13094&councildate=2/9/2010 3/8/2010 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM FundlAccountlCenters P265 5312..00 607170146831 $183,488.00 P265 531200607170146832 $366,975.00 P265 531200._607170146833 $6162..00 P265 531200.607170146851 "150,_350,00 P275 531200 70717014683178 638.00 P275 531200 707170146832 $157,275.00. P275.531200 707170146833 $26,213.00 P275 531200 707170146851. $48,150.00 Submitted for City Manag_ees Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Bryan Beck (7909) ATTACHMENTS 60CDWR-KHA MAP 1-..P-df 60CDWR-KHA MAP 2.pdf 60CDWR-KHA MAP 3.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=13094&councildate=2/9/2010 3/8/2010