HomeMy WebLinkAboutContract 38563 (2) CIT
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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Kimley-Horn
and Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as:
MCALISTER ROAD RECONSTRUCTION — IH-35W to the UNION PACIFIC RAILROAD,
Article I
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 III
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 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
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full, including interest. 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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05) OFFICIAL RECORD
Page 1 of 14 0 5-1 1 -0 9 A 1 1 : 2 C'Y SECRETARY
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Article IV
Obligations of the Engineer
Amendments to Article IV, 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
cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible plastic film sheets, 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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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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, for any reason, the ENGINEER should make an on-site observation(s), on
the basis of such on-site observations, if any, the ENGINEER shall endeavor
to keep the CITY informed of any deviation from the Contract Documents
coming to the actual notice of ENGINEER regarding the PROJECT.
(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
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
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 3 of 14
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 (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) 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 three (3) 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 subcon-sultant 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. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect
prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
STANDARD ENGINEERING AGREEMENT(REV 10106/05)
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A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non-owned when said vehicle is used in the
course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage 6: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and shall
contain a retroactive date prior to the date of 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) 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.
(a) 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.
(b) Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
(d) A minimum of forty-five (45) 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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 6 of 14
(e) Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
(f) Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring expense,
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.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions
in writing.
(j) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be 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) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
(1) 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.
STANDARD ENGINEERING AGREEMENT(REV 10106/05)
Page 7 of 14
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 ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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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 and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perform, at no cost to the ENGINEER, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in
connection with the ENGINEER's services. The CITY will be responsible for all
acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule in 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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 9 of 14
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
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
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 10 of 14
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.
Article VI
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.
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 5 days of written notice and diligently complete the
correction thereafter.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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(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 storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time 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
(1) The ENGINEER agrees to indemnify and defend the CITY from any
loss, cost, or expense claimed by third parties for property damage and
bodily injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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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.
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.H., VI.I., and VI.J.
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 during the term of this AGREEMENT 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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
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Article VII
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
tt D— Project Schedule
1 Executed this the � day of_ , 2009.
ATTEST: CITY OF FORT WORTH
By
Marty Hendrix Fernando Costa
City Secretary Assistant City Manager
APPROVED S TO F RM APPROVAL RECOMMENDED:
AND LEG I Y
Amy Ramse William A. V rkest, P. , irector
Assistant Ci Aft rney Transportation/Public Works Dept.
Kimley-Horn and Associates, Inc.
Contract Authoriautiox
s I 's
Date By; aaac"'�
Jeff Ja es,1Pk
Vice President
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
OFFICIAL RECORD
CITY MCRETARY
STANDARD ENGINEERING AGREEMENT(REV 10106/05) F,'�'�►Ap/��rpJ'
Page 14 of 14 WORTH,
ATTACHMENT "A"
SCOPE OF SERVICES
MCALISTER ROAD RECONSTRUCTION —IH-35W TO THE UNION PACIFIC
RAILROAD
FORT WORTH, TEXAS
PROJECT UNDERSTANDING
The ENGINEER understands that the CITY is requesting professional services for the
design of McAlister Road. The project generally consists of the reconstruction of McAlister
Road from 500 feet west of the Union Pacific (UP) Railroad to the IH-35W Southbound
Frontage Road. The road will be widened from 2 lanes to a 3 lane or 4 lane undivided
roadway with curb and gutter, the proposed width will be determined by an analysis
performed by the ENGINEER as identified in task 4 below. The project will also include
sidewalks and sidewalk ramps, existing drainage system analysis, drainage design, water
and sewer adjustments, street lighting design, TxDOT Driveway Permit submittal, railroad
crossing design, franchise utility coordination, bidding and construction contract
administration services.
This scope of services will provide the CITY with the design plans and contract documents
for the construction of McAlister Road.
SCOPE OF SERVICES
If services beyond those defined in this scope are required, the CITY and ENGINEER
shall attempt to negotiate a written amendment to this Agreement. ENGINEER shall not
proceed with work on any additional services prior to the CITY and ENGINEER executing
a written amendment. The Scope of Services includes the following primary tasks:
• Task 1 —Design Survey
• Task 2— Right of Way and Easement Determination
• Task 3—Geotechnical Investigation
• Task 4—Technical Memorandum
• Task 5—Preliminary Design
• Task 6— Final Design
• Task 7—TxDOT Driveway Permit
• Task 8— Railroad Crossing Design
• Task 9—Street Lighting Design
• Task 10— Franchise Utility Coordination
• Task 11 —Bidding
• Task 12—Construction Contract Administration
1 of 15
Task 1 —Design Survey
The ENGINEER (through its subconsultant—Gorrondona &Associates, Inc. (MWBE))will
provide the following design survey services:
• Ground survey to identify and locate existing topographic elements for the project
limits. The limits of survey shall be from approximately 500' west of the UP Railroad
to the IH-35W Southbound Frontage Road along McAlister Road. The survey will
include the existing right-of-way plus an additional 40' outside of right-of-way. The
survey shall also include 100' beyond the right-of-way for all side streets and
driveways.
• Ground survey shall consist of all visible existing features above ground level. These
features shall include, but are not limited to, telephone poles, power poles, utilities,
utility markers, fences, retaining walls, water meters, detector check valves,
manholes, vaults, sprinkler heads, structures, culvert pipes, buildings, trees (6"
caliper and up) and any other facilities in close proximity to the construction.
• Coordinate with franchise utility companies to locate and mark their utilities prior to
performing the field survey.
• Prepare digital terrain model (DTM).
• Tie all public improvements to existing City of Fort Worth monument system.
• Survey geotechnical boring locations.
• Prepare a final topographic drawing in digital format (including contours and
breaklines) showing the features located in the field as well as right-of-way strip map
information, an ASCII coordinate file of the points located in the field, and a hard
copy of the coordinates and feature descriptions.
• ENGINEER to perform site visit to field verify survey data.
• ENGINEER will develop dimensional control layout to include the proposed
alignments, alignment data, and control points. Coordinates shall be tied to City of
Fort Worth benchmarks and monuments.
• ENGINEER to create surrey base drawing file to include the survey line work,
existing city and franchise utilities, and drainage facilities (plan and profile).
Task 2— Right of Way and Easement Determination
The ENGINEER (through its subconsultant- Gorrondona & Associates, Inc. (MWBE))will
provide the following right-of-way document services:
In conformance with City of Fort Worth standards, Engineer shall survey, render field
notes, and prepare a right-of-way strip map and individual parcel exhibits for any
additional right-of-way or easements needed. Engineer shall also set control points,
which shall be based on City of Fort Worth's control monumentation, approximately
every 600 feet on both sides of the road. Before setting the control points, Engineer
shall obtain approved sketches and specifications from City of Fort Worth for the placing
of control points.
• The right-of-way strip map shall be contained on plan paper(22" x 34") at a scale of
1" = 50', shall be sealed, dated, and signed by a Registered Professional Land
Surveyor and shall contain the following:
■ Title page including location map.
■ Summary sheet listing all parcels to be acquired, property owner, legal
description of property, gross area of property, square footage and type of
easements, net area of property after acquisition, a column for volume and page
of filing, and current volume and page.
■ Corners of parcels tied to the centerline.
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■ Location of existing property pins, including station and offset to centerline.
■ Location of new property pins, including station and offset to centerline.
■ Parcel number.
■ Area required.
■ Current owner.
■ Any existing platted easements or easements filed by separate instrument
including easements provided by utility companies. The utility company
easements should be requested by Engineer at the time preliminary plans and
final plans are sent to the utility companies.
• Prepare up to two (2) individual parcel exhibits. Individual parcel exhibits shall be on
8Y2"x11" or 8Y2"x14" paper, shall be sealed, dated, and signed by a Registered
Professional Land Surveyor and shall contain the following:
■ Parcel number.
■ Area required.
■ Legal description of the property.
■ Current owner.
■ Any existing easements provided by utility companies.
■ All physical features.
■ Metes and bounds description of parcel to be acquired. The description shall be
provided on a separate sheet from the exhibit. Each type of easement shall be
described separately.
• The above items are necessary for the acquisition of right-of-way required to
construct Project. Said information shall be required prior to acceptance of final
construction plans.
• Upon written notification by City of acceptance of the right-of-way strip map, exhibits
and instruments, and as directed by City, Engineer's surveyor shall set all corners
and points of curvature and tangency for the proposed right-of-way and submit final
sealed plans and exhibits, including location of the control points and their
coordinates.
Task 3—Geotechnical Investigation
The ENGINEER (through its subconsultant - HVJ Associates, Inc. (MWBE)) will provide
geotechnical services, all geotechnical field work, testing, and pavement design shall
conform to the City of Fort Worth, Transportation and Public Works Department,
Pavement Design Standards, 2005. The following tasks shall be included:
• Subsurface Exploration
■ Perform soil borings with continuous thin-walled (Shelby)tube sampling;
■ Drill up to 1 boring to 15 feet in box culvert crossing locations; and
■ Drill up to 4 borings to 10 feet or to the top of rock, whichever is less in
general pavement areas.
• Laboratory Services
• Perform laboratory testing on selected samples for classification tests
consisting of liquid limit and plastic limits, and percent passing the
number 200 sieve for clayey soils and shall include gradation tests for
granular soils. These tests shall be performed in each different stratum in
each boring, with a minimum of one set of tests in all borings;
• Perform laboratory testing on selected samples for pocket penetrometer
and moisture content at approximately 2-foot intervals in cohesive soils
and pocket vane shear tests shall be performed on selected softer clay
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soils in each stratum, wherever pocket penetrometer tests results are
less than 3 tsf;
• Perform laboratory testing on selected samples for unconfined
compressive strength, and unit dry weight;
• Unconsolidated-Undrained (UU)triaxial shear tests shall be performed on
representative clay samples whose moisture contents are near or above
the plastic limit.A minimum of one UU triaxial test shall be performed in
each boring;
■ Perform free swell tests on selected samples to test for expansive
characteristics; and
• Perform sieve and hydrometer analyses for gradation and scour
analyses.
• Engineering Services
• Sample boring location map;
■ Calculate pavement thickness options for concrete pavement;
■ Calculate expansive soil potential of onsite soils;
• Provide a written engineering report with the above information and the
following:
o Boring logs
o General soil and ground-water conditions
o General geology of the site
o Geologic hazards related to pavements such as expansive
soils or similar items
o Recommendations for pavement subgrade stabilization type
and concentration.
o Recommendations for internal pavement drainage including
recommendations for geosynthetics and permeable bases
where applicable.
o Earthwork recommendations
■ The geotechnical engineer's design recommendations shall be relied
upon by the Engineer for pavement and structural design; and
■ Submit one (1) copy of the report to the City of Fort Worth.
Task 4—Technical Memorandum
The ENGINEER shall prepare a technical memorandum to provide the City of Fort Worth
with a recommendation for the roadway typical section of this section of McAlister Road.
The Engineer will collect p.m. and Saturday peak hour turning movement counts at up to
two (2) driveways in the project area and perform peak hour observations. The intent of
the analysis will be to recommend a roadway typical section for the subject roadway(likely
a four-lane undivided or a three-lane undivided section). Engineer shall prepare for and
attend up to two (2)total meetings with the City of Fort Worth to discuss the analysis.
Task 5— Preliminary Design
The ENGINEER will provide the following preliminary design services on 60% preliminary
plans at a horizontal scale of 1"=40' and a vertical scale of 1" = 8' on 11"x17" sheets that
include the following:
• Edge of existing pavement, existing structures, mailboxes, water meters, utility poles,
fire hydrants, existing driveways, existing utilities, existing and proposed rights-of-way
and easements, proposed sidewalk and curb ramps, proposed curb line on plan and
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profile sheets, and existing ground elevation in profile at the proposed centerline and
right-of-way lines.
• All improvements on the property within twenty feet (20') of the proposed right-of-way
line or easement line on construction plans.
• The location, size, and species of all trees and shrubs within the limits of street right-of-
way, drainage, slope or temporary construction easements. If due to the density of the
growth it is impractical to show all trees and shrubs, the limits of dense stands of trees
and shrubs will be shown. In any case, all trees six inches (6") in diameter, or larger,
shall be shown, unless directed otherwise. Engineer shall indicate on the plans those
trees that are to be removed and those trees to be preserved.
• Typical Sections showing preliminary subgrade and pavement design.
• Compile the hydrological and hydraulic data. Develop the preliminary project drainage
area map; determine conveyance paths, channel slopes, time of concentration, and
runoff coefficients as required to calculate design-year flows. Subdivide the overall
drainage areas into sub-areas and calculate the discharge at each inlet.Analyze inlet
capacities and adjust inlet locations and sub-areas as needed to meet City of Fort
Worth design criteria.
• Analyze storm drain improvements required to accommodate the new roadway. Layout
plan view of the storm drain main, laterals and inlets.
• Review the offsite storm drain design record drawings and evaluate the need for any
offsite drainage improvements and report to the City of Fort Worth. The design of any
offsite drainage improvements is not included and shall be considered as Additional
Services.
• An opinion of probable construction cost using recent average unit prices which are
representative of similar types of construction in the local area. The Engineer has no
control over the cost of labor, materials, equipment, or over the Contractor's methods
of determining prices or over competitive bidding or market conditions
• Develop preliminary traffic control plan narrative of the suggested sequence of
construction including paving and storm drain construction phasing. Sequence of
construction will be designed to maintain a minimum of two-way traffic during
construction.
• Plan sheets of minor water and/or sanitary sewer improvements such as valve
adjustments and water line lowering at storm drain conflict location. Water line and
sewer line relocations are not anticipated. If required, plan preparation for any
necessary utility relocations will be provided as Additional Services.
• Pavement markings, striping and/or traffic button plans.
• Perform the following preliminary project management tasks:
• Develop communication plan including project contact list.
■ Coordinate with subconsultants (geotechnical, survey).
■ Prepare and e-mail bi-weekly progress reports to the project team (City of Fort
Worth and Engineer's staff).
■ Conduct progress meetings to monitor the development of the project. During
this phase of the project, conduct up to: Three (3) meetings with the City of Fort
Worth regarding project status and coordination issues. The first meeting will
be the project kick-off meeting.
■ Prepare letters on City of Fort Worth letterhead informing property owners of
the project. Letters shall be sent upon approval of the preliminary plans.
Engineer will submit the letters to City of Fort Worth for review prior to sending
to property owners.
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• Collect relevant data for the project from the City of Fort Worth. Data collection shall
include: existing plans, maps, field notes, design criteria, applicable City Ordinances,
and City design standards.
• Perform up to two (2) project site visits during preliminary design.
• Submit one (1) set of.pdf's to the City of Fort Worth. The 60% design submittal shall
include the following:
■ Preliminary roadway plan and profile sheets;
■ Preliminary storm drain plan layout sheets;
■ Preliminary drainage area map and runoff calculations;
■ Preliminary pavement marking plans;
■ Preliminary traffic control plan narrative;
■ Preliminary street lighting plan; and
■ Preliminary opinion of probable construction cost.
Task 6—Final Design
The ENGINEER will provide the following final design services upon acceptance of the
60% preliminary plans by the city of Fort Worth. The ENGINEER shall prepare 90% plans
and final plans at a horizontal scale of 1"=40' and a vertical scale of 1" = 8' on 11"x17"
sheets. The ENGINEER shall also prepare contract documents, specifications, and
special provisions. Final design shall include the following:
• Standard City of Fort Worth title page with location map and revision block in the lower
right corner showing date of revision, description of revision and initials of the engineer
authorizing the revision.
• All items associated with the applicable City of Fort Worth Engineering general and
design checklists.
• All storm drain computations such as inlet and pipe calculations. Unless directed
otherwise in writing by City of Fort Worth, the design of these systems shall be in
accordance with the latest revision of the City of Fort Worth's Storm Water Design
Manual.
• Perform final storm drain sizing and alignment design. Prepare storm drain plan and
profile sheets including hydraulic grade lines.
• Prepare storm drain laterals profile sheets.
• Prepare details for connections to existing storm drain systems. Three (3) connections
are anticipated.
• Determine outfall storm drain requirements and provide plans and details for outfall
into the existing detention pond located on Lowe's property.
• Cross-sections of existing ground surface line and proposed ground surface line every
50' and at driveway centerlines along project limits.
• Detail and standard sheets for the related elements of the Project.
• Prepare general notes.
• Prepare contract documents including the following:
■ City of Fort Worth standard construction contract forms;
■ Notice to bidders;
■ Special instructions to bidders;
■ Bid form;
■ Performance bond;
■ Payment bond;
■ Maintenance bond;
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■ Certificate of insurance;
■ General conditions;
■ Special provisions; and
■ Technical specifications.
• Items associated with the Technical Memorandum (Task 4), Preliminary Design (Task
5), Railroad Crossing Design (Task 9) and Street Lighting Design (Task 9).
• An opinion of probable construction cost using recent average unit prices which are
representative of similar types of construction in the local area. The Engineer has no
control over the cost of labor, materials, equipment, or over the Contractor's methods
of determining prices or over competitive bidding or market conditions
• Street addresses of all properties adjacent to Project.
• Plan sheets for signs and pavement markings in accordance with the City of Fort
Worth Standard Details.
• Develop traffic control phasing plans to maintain two-way traffic during construction in
accordance with the City of Fort Worth Standard Details. Plans shall include the
following:
■ Travel lanes and construction area for each phase of construction;
■ Updated narrative of the sequence of construction;
■ Temporary signing and striping, barricades and other channelization
devices;
■ Storm sewer construction phasing; and
■ Typical cross sections showing lane widths, edge conditions,
channelization and proposed construction area.
• Prepare erosion control plan in accordance with City of Fort Worth requirements.
• Perform the following final project management tasks:
■ Prepare and e-mail bi-weekly progress reports to the project team (City of
Fort Worth and Engineer's staff).
■ Conduct progress meetings to monitor the development of the project.
During this phase of the project, conduct up to: Three (3) meetings with the
City of Fort Worth regarding project status and coordination issues; and
• Perform up to two (2) project site visits during final design.
• Submit two one (1) set of.pdf's to the City of Fort Worth. Submit five (5) sets of full-
size final design plans to the City of Fort Worth. 90% and Final Design submittal shall
include the following:
■ Final Plans:
■ Cover Sheet
■ Index Sheet
■ Project Control Sheet
■ Roadway plan and profile sheets
■ Storm drain plan and profile sheets including hydraulic grade lines
■ Drainage area map
■ Storm drain calculations
■ Pavement marking and signing plans
■ Traffic control plans
■ Street lighting plan
■ Cross Sections
■ City of Fort Worth Standard Detail Sheets
■ Detail Sheets
■ Opinion of probable construction cost
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■ Contract Documents.
Task 7—TxDOT Driveway Permit
The ENGINEER shall prepare a plan set to construct on TOOT Right-of-Way for the
connection to the IH-35W Southbound Frontage Road. The following tasks shall be in
included:
• Prepare and submit the Permit to Construct Access Driveway Facilities on Highway
Right-of-Way to the City of Fort Worth for submittal to TOOT.
• Develop and submit three (3)11"x17"TOOT permit plan sets (preliminary and
final) to the City of Fort Worth for the submittal to TxDOT The permit plan set shall
be in accordance with the TOOT checklist for plan preparation and format
involving construction projects within the state right-of-way.
• Engineer shall attend up to two (2) review meetings with TOOT and the City of
Fort Worth.
• Engineer shall incorporate TOOT review comments and resubmit. Two (2)
submittals to TOOT are included, additional submittals will be considered
Additional Services.
• Engineer shall submit two (2) copies of each submittal to the City of Fort Worth.
Task 8—Railroad Crossing Design
The ENGINEER shall coordinate with Union Pacific Railroad (UPRR) and City of Fort
Worth throughout design for the design of the at-grade railroad crossing in anticipation for
a future quiet zone. The following tasks shall be included:
• Engineer shall design roadway improvements for the at-grade railroad crossing to
include a median barrier to meet the Federal Railroad Administration (FRA) Quiet
Zone Requirements. The design includes railroad crossing concrete panel layout
and details. The design of items associated with the railroad crossing, railroad
gates, and railroad signals are not included.
• Preliminary plan shall include Plan Layout and Typical Section of the proposed
railroad crossing.
• Engineer shall incorporate UPRR review comments and submit the final plan for
review.
• Engineer shall incorporate UPRR final plan comments and resubmit. Engineer
shall attend up to three (3) railroad coordination meetings and distribute meeting
notes.
• Each submittal to UPRR shall include four(4) hard copies and one (1) pdf.
Engineer shall also submit two (2) copies and one (1) pdf of each submittal to the
City of Fort Worth.
Task 9—Street Lighting Design
The ENGINEER (through its subconsultant—MULTATECH Architects and Engineers
(MWBE)) shall prepare preliminary and final street lighting design. The following tasks will
be included:
• Prepare street lighting design in accordance with the City of Fort Worth Street
Lighting Policy;
• Prepare associated electrical services and distribution plans and specifications;
• Prepare associated electrical details to clarify intent of design; and
• Perform structural analysis design and detail of lighting foundations.
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Task 10—Franchise Utility Coordination
The ENGINEER shall perform Franchise Utility Coordination throughout design. The
following tasks shall be included:
• Identify franchise utility contacts.
• Prepare for and facilitate franchise utility partnering meeting prior to the
beginning of the preliminary phase.
• Send approved preliminary design plans to each franchise utility. Request each
franchise utility to review and markup the plans to show the size, type, and
location of their utilities.
• Prepare for and attend up to four (4) franchise utility coordination meetings.
• Identify potential utility conflicts and notify City of Fort Worth and franchise utility
companies.
• Coordinate with franchise utility companies regarding relocations throughout
design by distributing plans to franchise utility companies during each design
submittal (60%, 90% and final submittal).
• Determine and distribute franchise utility assignments for existing and future
utilities.
• Identify sequence of relocations that need to occur and communicate the
sequence to all utility companies and other stakeholders.
• Monitor and update utility companies of schedule when each company is
complete or scheduled to be complete with relocation.
• Provide electronic drawings to utility companies.
Task 11 —Bidding
The ENGINEER will provide the following bidding phase services:
• Assist City of Fort Worth in the advertisement for bids, including creating a
bidders list, reproduce copies of the plans and contract documents for
distribution, reproducing up to a maximum of thirty (30) 11"x17" plan sets and
contract documents, and providing potential bidders with plans and contract
documents, and sending plans to plan rooms as designated by the City of Fort
Worth.
• Issue addenda as appropriate to interpret, clarify, or expand the bidding
documents.
• Prepare for and attend pre-bid conference.
• Assist City of Fort Worth in the opening and tabulation of bids.
Task 12—Construction Contract Administration
The ENGINEER will provide the following construction contract administration services:
• Assist City of Fort Worth in conduction pre-construction conference.
• Shop Drawings and Samples. Review and approve or take other appropriate
action in respect to Shop Drawings and Samples and other data which
Contractor is required to submit, but only for conformance with the information
given in the Contract Documents and compatibility with the design concept of the
completed Project as a functioning whole as indicated in the Contract
Documents. Such review and approvals or other-action will not extend to means,
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methods, techniques, equipment choice and usage, sequences, schedules, or
procedures of construction or to related safety precautions and programs.
• Evaluate and determine the acceptability of substitute materials and equipment
proposed by contractor(s).
• Clarifications, Interpretations (Requests for Information). Respond to reasonable
and appropriate Contractor requests for information and issue necessary
clarifications and interpretations of the Contract Documents to the City as
appropriate to the orderly completion of Contractor's work. Any orders
authorizing variations from the Contract Documents will be made by the City.
• Change Orders. ENGINEER may recommend Change Orders to City, and will
review and make recommendations related to Change Orders submitted or
proposed by the Contractor.
• Record Drawings. Prepare project "Record Drawings" based on information
provided by the Contractor and/or City as to the actual field placement of the
work including any changes or deletions. ENGINEER is not responsible for the
accuracy of the information provided by the Contractor and/or the City.
ENGINEER will provide one set (1)full-size set of mylar record drawings and (1)
compact disc containing .pdfs of the full-size drawings.
Additional Services
Services below shall be considered additional and shall be performed on an individual
basis upon authorization by the City of Fort Worth. Such services shall include, but are not
limited to, the following:
1. Streetscape and irrigation design
2. Signal Design
3. Additional depths or borings
4. Bidding Phase Services beyond items identified in Task 12
5. Construction Contract Administration Services beyond items identified in Task 13
6. Establishing additional horizontal or vertical control beyond scope identified above
7. Construction Staking
8. ROW and/or easement negotiation and acquisition
9. Redesign to reflect project scope changes requested by the City, required to
address changed conditions or change in direction previously approved by the
City, mandated by changing governmental laws, or necessitated by the City's
acceptance of substitutions proposed by the contractor.
10. Environmental assessment , permitting, or remediation.
11. Design of any offsite drainage improvements beyond the improvements identified
above
12. Utility Relocation design beyond the improvements identified above
13. Retaining wall design
14. Preparation of SWPPP
15. Parcel exhibits beyond the number identified above in Task 2
16. Additional plan submittals beyond the number identified above
17. Franchise Utility Coordination beyond items identified above in Task 11
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III. Fee Schedule Breakdown
Kimley-Horn and Associates, Inc.
Tasks 4—8 (Hourly) $159,500 (70.6%)
Tasks 10— 12 (Reimbursable) $27,500 (12.2%)
Subtotal $187,000 (82.7%)
MWBE Participation
Gorrondona & Associates, Inc. (MWBE)
Assisting with Task 1 and 2 $15,000 (6.6%)
HVJ Associates, Inc. (MWBE)
Assisting with Task 3 $12,000 (5.3%)
MULTATECH Architects and Engineers (MWBE)
Assisting with Task 9 $11,020 (4.9%)
Alphagraphics (MWBE)
Assisting with Reproduction
Tasks 4-8 and 10-12 $980 (0.4%)
Subtotal $39,000 (17.3%)
TOTAL FEE $226,000 (100%)
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ATTACHMENT "B"
COMPENSATION
MCALISTER ROAD RECONSTRUCTION —IH-35W TO THE UNION PACIFIC
RAILROAD
FORT WORTH, TEXAS
I. PROFESSIONAL ENGINEERING SERVICES
For all professional engineering services detailed in Tasks 1 —9, included in
ATTACHMENT"A" (Scope of Services, MCALISTER ROAD RECONSTRUCTION —
IH-35W TO THE UNION PACIFIC RAILROAD) , the CITY agrees to pay the
ENGINEER a lump sum fee of$198,020.
The CITY shall compensate the ENGINEER for the professional engineering
services included in ATTACHMENT "A" on a lump sum fee basis. The lump sum fee
includes labor costs and direct expenses identified in this contract, as well as items
such as in-house duplicating, printing, facsimile, local mileage, telephone, postage,
and computer expenses.
The ENGINEER shall be paid monthly based on statements submitted to the CITY
for the work accomplished during the preceding month. Monthly statements for lump
sum services will be based upon a reasonable estimation of percent complete.
II. SPECIAL SERVICES
Due to the difficulty of defining the finite scope of services detailed in Tasks 10-12,
included in ATTACHMENT"A" (Scope of Services, MCALISTER ROAD
RECONSTRUCTION — IH-35W TO THE UNION PACIFIC RAILROAD), ENGINEER
will provide these services on a labor fee plus expense (Reimbursable) basis. Labor
fees to be computed on the basis of labor hours charged to the project and the
Kimley-Horn Billing Rate Schedule is attached (see Attachment B-2). Direct
reimbursable expenses such as express mail, fees, out-of-town mileage and other
direct expenses will be billed at a 1.10 times cost.An amount equal to six percent
(6%) of the labor fee will be added to each invoice to cover certain direct expenses
such as in-house duplicating and printing, facsimile, local mileage, telephone, and
postage. Technical use of computers for design, analysis and graphics, etc. will be
billed at $25.00 per hour.
For budgeting purposes, it is recommended that a budget of$27,980 be established
for Tasks 10-12. ENGINEER will not exceed this budgeted amount for the total of the
reimbursable tasks without the CITY's prior written approval.
The ENGINEER shall be paid monthly based on statements submitted to the CITY
for the work accomplished during the preceding month. Monthly statements for lump
sum services will be based upon a reasonable estimation of percent complete.
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ATTACHMENT "B-2"
(SUPPLEMENT TO ATTACHMENT B)
MCALISTER ROAD RECONSTRUCTION—IH-35W TO THE UNION PACIFIC
RAILROAD
HOURLY RATE SHEDULES
FORT WORTH, TEXAS
A summary of current hourly billing rates is provided below:
Senior Professional 1 $180—$220
Senior Professional II $135—$175
Professional $75—$120
Designer $110—$125
Technical Support $60— $105
Clerical $60— $80
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ATTACHMENT "C"
AMENDMENTS TO STANDARD AGREEMENT
MCALISTER ROAD RECONSTRUCTION—IH-35W TO THE UNION PACIFIC
RAILROAD
FORT WORTH, TEXAS
No modifications to the Standard Agreement were necessary for this project.
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ATTACHMENT "D"
SCHEDULE
MCALISTER ROAD RECONSTRUCTION —IH-35W TO THE UNION PACIFIC
RAILROAD
FORT WORTH, TEXAS
The ENGINEER will complete Tasks 1-12 in the scope of services outlined in
ATTACHMENT"A" within ten (10) months following receipt of Notice to Proceed from the
CITY, independent of City, TxDOT, and UPRR review time. The schedule for task 13 shall
be a mutually agreeable schedule to be determined when construction begins.
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M&C Review Pagel of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo�H
COUNCIL ACTION: Approved on 5/512009 -Ord. No. 18595-05-2009 & 18596-05-2009
DATE: 5/5/2009 REFERENCE NO.: C-23500 LOG NAME: 20MCALISTER-CORR
CODE: C TYPE: NON- PUBLIC CONSENT HEARING: NO
SUBJECT: Rescind M&C C-22827; Authorize an Interlocal Agreement with the City of Burleson in the
Amount of$240,000.00 for Street Improvements on McAlister Road; Authorize an
Agreement with Kimley-Hom and Associates in the Amount of$226,000.00 for Design
Work and Adopt Appropriation Ordinances
RECOMMENDATION:
It is recommended that City Council:
1. Rescind M&C C-22827 approved on May 27, 2008, for the purpose of revising the scope of an
Interlocal Agreement with the City of Burleson;
2. Authorize the City Manager to execute an Interlocal Agreement with the City of Burleson in the
amount of$240,000.00 for street improvements on McAlister Road from its intersection with the
southbound frontage road of Interstate Highway 35W then west approximately 1,466 feet to the
improved roadway 100 feet west of the Union Pacific Railroad;
3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in
the Future Improvements Project of the Special Assessments Fund in the amount of$240,000.00
from previous developer contributions;
4. Authorize the transfer of$240,000.00 from the Special Assessments Fund to the New
Development Fund;
5. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in
the New Development Fund in the amount of$240,000.00; and
6. Authorize the execution of an Agreement with Kimley-Horn and Associates in the amount of
$226,000.00 for design work.
DISCUSSION:
Street improvements along McAlister Road from its intersection with the southbound frontage road of
Interstate Highway 35W to just west of the Union Pacific Railroad have been planned in order to
address congestion and safety problems. Funding for this project will come through the Community
Facilities Agreement(CFA) line item in the 2004 Capital Improvement Program in conjunction with CFA
funding collected from adjacent developers. In as much as that portion of the improvements west of the
railroad are within the city limits of Burleson (1,466 feet), the City of Burleson has also agreed to
contribute funding for the design contingent upon a commitment from the City of Fort Worth that they
will be reimbursed for the design fees if the road is not ultimately constructed.
On May 27, 2008, the City Council authorized the execution of an Interlocal Agreement(ILA) (M&C C-
22827)with the City of Burleson to lead the design of McAlister Road in accordance with City of Fort
Worth standards. That ILA was not fully executed because a desire for changes in scope and process
were communicated between the parties. The previously authorized ILA would have provided that the
City of Burleson would provide the completed design to the City of Fort Worth, who would manage
construction. That proposed ILA would have required the City of Fort Worth to reimburse Burleson up
http://www.fortworthgov.org/council packet/mc review.asp?ID=11280&councildate=5/5/2009 s/rI/Innn
M&C Review Page 2 of 2
to $125,000.00 in design fees if the construction project did not begin by December 31, 2008.
The $125,000.00 figure was initially agreed upon by staff from both the City of Fort Worth and the City
of Burleson. The City of Burleson, in working with the design consultant, subsequently determined that
the design effort would be considerably more complex and costly than initially expected. This was due
largely to coordination work with the Texas Department of Transportation (TxDOT)and the Union
Pacific Railroad, as well as some additional design efforts to address the need for a "quiet zone" at the
railroad crossing and significant drainage issues. Based on this additional scope of work, the design
fees were revised to $226,000.00.
Following further discussion between staff from the City of Burleson and the City of Fort Worth, it has
been decided that it would be more efficient for the City of Fort Worth to also manage the design for
this project. Since the City of Burleson had previously discussed this project with Kimley-Horn and
Associates; we continued to pursue the design contract with them to complete the project as quickly as
possible. Burleson will still participate in the project in an amount not to exceed $240,000.00. The ILA
will require the City of Fort Worth to reimburse the City of Burleson in an amount not to exceed
$240,000.00 should construction of the McAlister Road project not begin by June 30, 2010.
Kimley-Horn and Associates is in compliance with the City's M/WBE Ordinance by committing to 17
percent M/WBE participation. The City's goal on this project is 17 percent.
This street segment is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current capital budget, as appropriated, of the New Development Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
5)C202 531200 206760107830 $240,000.00 6)C202 531200 206760107830 $226,000.00
S94 488100 020941369010 $240,000.00 S94 538040 020941369010 $240,000.00
3 $240,000.00
GS94 538040 020941369010
4)C202 476094 206760107830 $240,000.00
5)C202 476094 206760107830 $240.000.00
Submitted for City Manager's Office br. Fernando Costa (8476)
Originating Department Head: William A. Verkest(7801)
Additional Information Contact: Jim Walker(8009)
ATTACHMENTS
20MCALISTER-CORR Map.pdf
20MCALISTER-CORR REC3.doc
20MCALISTER-CORR REC5.doc
MCALISTERmap.df
http://www.fortworthgov.org/council packet/mc review.asn?ID=11280&cnuncildgh—IVIV)nno cic/INAlin
MAYOR AND COUNCIL COMMUNICATION MAP
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DETAIL SHOWING PROJECT LOCATION