Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 48006
RECENEC CITY SECRETAW 21 2016 CONTRACT NO. G' of FORT WOME CITY OF FORT WORTH, TEXAS ony STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Old Decatur Road and Marine Creek Parkway Project Management and Construction Phase Services. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the hourly not-to-exceed amount of$206,800 as 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, 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 1, the final payment of any balance will be due within 30 days of receipt of the fina ' ' e. City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 CIrY SEC Page 1 of 16 RETARY F1; WoRrH, rX (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. 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 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 2 of 16 (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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 3 of 16 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 4 of 16 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 Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 5 of 16 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 6 of 16 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 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 7 of 16 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. 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 A:V 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-dolllar 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, 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 8 of 16 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 9 of 16 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 10 of 16 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 with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 11 of 16 (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 Revised Date:9/24/2014 Page 12 of 16 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 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; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 13 of 16 C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 14 of 16 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.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. Form 1295 Certification No. 2016- b 5Zi y4, 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9124/2014 Page 15 of 16 Attachment D - Project Schedule Attachment E- Location Map Executed and effective this the �Oday of JJ , 20 I BY: BY: CITY OF FORT WORTH ENGINEER Kimley- rn and Associates, Inc. esus J. Chapa J s, P.E. Assistant City Manager Senior Vice President Date:� Date:- -7 !lo APPROVAL RECOMMENDED: By: L ( J- 0 oug s W. Wiersig, P.E. Director, Department of Transportation and Public Works APPROVED AS TO FORM AND M&C No.: LEGALITY 0- 6� M&C Date: By: Douglas W. Black Assistant City Attorney v®Rr ATTEST: JL- J. Kayser City Secretary ��XA� OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FTC WORTH,TX Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 16 of 16 ATTACHMENT "A" Scope for Old Decatur Road and Marine Creek Parkway Proiect Management and Construction Phase Services 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 bid phase services, construction phase services, and project management for the construction of the Old Decatur Road and Marine Creek Parkway project. WORK TO BE PERFORMED TASK 1. BID PHASE SERVICES 1.1 Re-Issue Contract Documents a. Meet with the City Project Manager and Real Property to determine right-of-way and easement adjustments necessary for the plans. b. The ENGINEER shall update the plans and project manual to re-issue for bidding. The plans shall be revised to incorporate the changes based on the right-of-way acquisition process. c. Prepare parcel and right-of-way exhibit maps for M&C approval of the right-of- way and easements. 1.2 Bid Support a. The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. b. Contract documents shall be uploaded in an .xIs file. c. Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. Cl. Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and Awf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. e. The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. f. The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 6 procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders' questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. g. Attend the prebid conference in support of the CITY. h. Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. i. When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. j. Attend the bid opening in support of the CITY. k. Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. I. Incorporate all addenda into the contract documents and issue conformed sets. TASK 2. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 2.1 Status Reports a. ENGINEER will prepare monthly status reports by the end of each month and post to Buzzsaw. The status report will summarize the tasks completed during the month and the tasks planned for next month. 2.2 Invoicing a. ENGINEER will prepare monthly invoices and submit to the City. 2.3 Pre-Construction Conference a. ENGINEER shall attend the preconstruction conference. 2.4 Weekly Site Visits a. ENGINEER will visit the site on a weekly basis to observe construction activities. 2.5 Construction Progress Meetings a. ENGINEER will schedule and conduct construction progress meetings to be held every two (2) weeks on-site. 2.6 Meeting Notes a. ENGINEER will prepare meetings notes documenting each construction progress meeting. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 2 of 6 2.7 Road Closures a. ENGINEER will prepare the M&C for any road closures exceeding ten (10) days. 2.8 Communication Plan a. ENGINEER will prepare a Construction Communication Plan detailing procedures for communicating between Project Delivery Team members and Contractors. 2.9 Public Outreach a. ENGINEER will meet with concerned citizens as needed. b. ENGINEER will prepare for and attend the pre-construction public meeting • 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. 2.10 Shop Drawing Submittals Review and Coordination a. The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw. b. The ENGINEER shall submit shop drawing review comments to City staff for review and approval. 2.11 Change Order Reviews a. ENGINEER will review and recommend approval of change orders submitted by the Contractor. 2.12 RFI Coordination a. ENGINEER will review Requests for Information (RFls) and coordinate with the appropriate Project Delivery Team members. RFI responses will be sent to the City Project Manager for approval. 2.13 Plan Revisions a. The ENGINEER will revise plans as needed per CITY approved change orders. 2.14 Field Changes a. ENGINEER will meet with the Project Delivery Team and Contractor on-site to review any field changes. The City Project Manager will provide the final approval on any field changes. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 3 of 6 2.15 Inter-Departmental Coordination a. ENGINEER will coordinate with the TPW department as necessary. 2.16 External Agency Coordination a. ENGINEER will coordinate with involved external agencies such as City of Saginaw and Eagle Mountain Saginaw Independent School District as needed. 2.17 Council / CMO Coordination a. ENGINEER will coordinate with the City Council and CMO as necessary. 2.18 Invoice Review and Construction Pay Requests a. ENGINEER will review and recommend approval of subconsultant invoices. b. ENGINEER will review pay requests submitted by the Contractor every two (2) weeks. ENGINEER will coordinate with City Inspector to field verify quantities installed. The City Project Manager will be responsible for providing final approval for payment of invoices. 2.19 Scheduling a. ENGINEER will update the construction schedule as necessary for the monthly dashboard updates. 2.20 Franchise Utility Coordination a. ENGINEER will coordinate with Kevin Bruton and the Franchise Utility companies to follow the status of relocations 2.21 Material Testing a. ENGINEER will coordinate with the material testing company and the Contractor to ensure material testing is completed. 2.22 Project Documentation a. ENGINEER will update the BuzzSaw and One Note folders. b. ENGINEER will coordinate with inspector to document all working days and daily activity logs. 2.23 Risk Register a. ENGINEER will maintain the Risk Register for the project as needed. 2.24 Final Walk-Through and Punch List a. ENGINEER will schedule and conduct the final-walk through meeting. b. CITY inspector will prepare the punch list. 2.25 As-Built Survey a. ENGINEER will coordinate with the surveyor to conduct the as-built survey. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 4 of 6 b. Upon final completion of the proposed construction on the project, the surveyor will perform an on the ground survey of the property under the direct supervision of a Registered Professional Land Surveyor. Location of permanent improvements on, and immediately adjacent to, the roadway. Spot elevations on a 50-foot grid. Contours on one foot intervals. Top of pavement and/or curb elevations for paving. Locations of visible utilities and appurtenances. Flow line elevations of storm sewer systems. 2.26 Project Acceptance a. ENGINEER will coordinate with the City Inspector to verify all items on the punch list have been addressed. b. ENGINEER will review and recommend approval the Contractor's final pay estimate. c. ENGINEER will coordinate with the project finance specialist to close out project. ASSUMPTIONS • Seventy (70) site visits are assumed. • Thirty Five (35) construction progress meetings are assumed. • Twenty (20) submittal reviews are assumed. • Fifteen (15) RFI's are assumed. • Three (3) Change Orders are assumed. • CITY staff will perform the following tasks: — Inspection services — Prepare punch list — Material testing — Review of shop drawings, RFIs, pay requests, and change orders DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of Shop Drawings D. Communication Plan E. Public Meeting Exhibits ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 5 of 6 the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 6 of 6 ATTACHMENT B COMPENSATION Old Decatur Road and Marine Creek Parkway Project Management and Construction Phase Services City Project No. 02506 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated in an hourly, not-to-exceed amount up to $206,800 per contract term unless amended for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate $/hour Project Director $230 Project Manager $200 Project Engineer $150 EIT $120 CADD $95 Administrative $85 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget for each Task Order and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1 for each Task Order. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kimley-Horn and Project Management and $186,950 90.4% Associates, Inc. Design Services Proposed MBE/SBE Sub-Consultants Gorrondona & As Built Survey $19,850 9.6% Associates, Inc. Non-MBE/SBE Consultants n/a TOTAL $206,800 100.0% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE /o 02506— Old Decatur Road and Marine Creek Parkway Project Management $205,850 $0 9.6% and Construction Phase Services City MBE/SBE Goal = 10% Consultant Committed Goal = 9.6% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 , 8 § ) § o § ; ] a 2 k0 J / 2 § � ) �ƒ | a J 0 CL � � § § ° § kCL 2 � to 2 « | ! § « a .. R 0 ta $ ■ § g ) ? $ 4) 0 @ m � _/� \ \ � � �Im - # § a § _ | < k Ems ( \ Em : & # \ m } k ) � ) IA W 'M � 3 ; 3 � $ J ) 2 C U % � tE E g / a § 0JU. 2 ƒ g Q C ■ Eu ° E § / # ` a § cu 2 2 m ® _ 2 � 0 ! (0) cu ) k - q © / § \ ) m � � £ 0 E z 17 § v $ § J = 2 � 2 § k\ � 2 \ § k ) �k � � � { � { a ab u 0 u > a � � / m « « £ « ! « m 8 k C; � v . > E ) ) a " ' aaaaaaaaaaaaaa sa ; 00 VEasaasaa22asaa #2 _ 0 Eon = iq ; e ud « � iL aaaaaa k � k kB@ @GmG u # u a 2 . 0 o ) g � x § % 0 f 0 � $ � ) i � 2 ® ! 2 A XO k I f ( 4) k ! ! I I I I I I I it £ m 7 2 M 7 « k 2 § k $ 2 ® § « a § co �j k %-`■ R k\ § a° ]!0 ? m E o | 2 2 a f °ak § § fƒl �mf �� § � S 2 ■�� u u u « 3 � �lc!« e 2 _ z e 9 , a r . 7 \ § @k q § � . ƒ k ] Jc ] § \k t� 4$ U k \ / \ kf « ■ 2 0 = .. CL \ CL 2 § | § 0a ) , @ > - _ Eck |, \ \ ) | § 2 ! r ■ � � 88 @ ! _ � 2k '2 ) k s 2k [ ) ) i■ «I a\§� � ( �) �■ 2 ) m \# S§ CL o § (� ! § ; ; ) � ® 2 � ) 2B k } rL ee § oeLL ) ) E \ § _ � 2 � k � t § a � 7 or- ( ( / � ■ Q ; | | | A @ m I k 0 § � ) ee @ � 00 § ) \ k /ƒ . § � w ) ) 4, k k 1 0 > a aU3:U— z u > CL Le3 a Nml\ll O O O O O O O O O O O N N ~ H N� NN N O ��HN�NHHMNdmfN^ems-V!' NN NNNNN�NYfNh N 'mNm NOH UP P � N N N NN NN M N {NV e9 df N N Y 4 f p p p p p p o p p p p p o p p p p p p p p Q p p O p p O p p p A `a 0 d NO N tt@bO E=J dxx 5 N >< G N N N N W a � d aU y HH mca�j W Q o LL ~ �inin wa 0 o a mm =N o O N N CO c O w R u iD I m e Y �m f o R pp pp Z N Iff O h ° NN v1 Ay C ~ d W w N gCg1 qC T S O tl Z LU C O O O O N N N N 171 m 0 W w V O MRx N M ��yy O♦NE� ON N<V OY�p mm �y onymp •� 'O N N N° � N N N y M H N H M H N H y N N N N M H N N N H N H N N H O. • N N'- N� N d � w m Z IL w0 c cc dY uO E Q use w,Yz OQ. O ` y O ��VUo v w0Dd � C d m 0 O N N N m N O p r Y L M mW ci0C1p t d � 4m C N O N N Y O O O m V 0 0 0 <0 0 0 0 0 0 O 0 0 V N 10 aq- N tl V Y?N N M<N N N N J d C a W` O N OMN� N NNNNN V Nom- NNE � Y d r L d a d 'Q c a� p ♦ N N R m m U � d u Q p o.g a o m `m i. o l0 m d d j u c a m m `o d �. c> a u c a o o 1. ULLd c mot N 8 U a = N C d d N lo. N U °9 U V v d aU �cm00 O and a admit >°'md° `wm uE dOm =m yr ? 0 c c E y 0 $y o O c 3 o C o a m o c m ' m U d 3 o Z o a d E a u U o o c d° m d 2 c E a O c Ec E-O `r3 V N¢ 3— dm 3 a O o U d E o'S ' d d —m Al d N L. .0 m a c cc�- odoo LL_v � o m'� a arc Q Cm v , 'ya0au17¢_¢ F 0 0 0 43U U aarnU¢LLLL_ U m19 LL m'OKLL¢a o mK a0 I I I H w"' N L J Z Y N N N N N N N N N N N N N N N N N N N N N N N N N N N N M N N M 3 m °IsLL O v¢LL ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Old Decatur Road and Marine Creek Parkway Project Management and Construction Phase Services City Project No. 02506 No changes to the Standard Agreement. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 Consulting Contract Schedule Specifications FORT WORTH City of Fort Worth Capital Improvement Programr� Attachment D-Project Schedule This PROTECT requires a Tier III schedule as defined herein and in the Gig's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: — Primavera (Version 6.1 or later or approved by CITY) — Primavera Contractor (Version 6.1 or later or approved by CITY) — Microsoft Project(Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any,and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks,subtasks,and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities,key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points,including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following,if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 1 of 2 • Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 2 of 2 MAYOR AND COUNCIL COMMUNICATION MAR Old Decatur Road and Marine Creek Parkway Project Management and Construction Phase Services 13TUS -'!• �r _Y ar ` ail, 1 - i 0 300 600 900 a I 6mL=:6" Feet , -- J %MAIO urn Rd rr - K I. Copyright 2016 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws. This product is for information purposes and may not have been prepared for or be suitable for legal,engineering,or surverying purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. CITY PROJECT# 0 2506 The City of Fort Worth assumes no responsibility for the accuracy of said data. KimlepMorn April 28, 2016 Ms. Wilma J. Smith, P.E. Transportation and Public Works Department City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 RE: Old Decatur Road and Marine Creek Parkway Project Management and Construction Phase Services City Project No. 02506 Dear Ms. Smith, Please find the attached Standard Agreement for Engineering Related Design Services for the Old Decatur Road and Marine Creek Parkway Project Management and Construction Phase Services for an hourly amount not to exceed $206,800. A detailed scope of services can be found in Attachment A and a Level of Effort chart is also provided. We appreciate the opportunity to provide roundabout planning and design services for the City of Fort Worth. If additional information or clarification is needed, please give me a call at 817-339-2247. Sincerely, Kimley-Horn and Associates, Inc. � —A�W� Dana Shumard, P.E. Project Manager Attachment: Standard Agreement for Engineering Related Design Services Attachments A- E 801 M&C Review Page 1 of 4 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA H COUNCIL ACTION: Approved on 6/28/2016 -Ordinance No. 22312-06-2016 DATE: 6/28/2016 REFERENCE NO.: C-27816 LOG NAME: 20MARINE CREEK PARKWAY NOW PUBLIC CODE: C TYPE CONSENT HEARING: NO SUBJECT: Authorize Execution of a Contract with Jackson Construction, Ltd., in an Amount Up to $11,531,299.00, Including Potential Incentives in an Amount Up to $105,000.00, for Construction of Improvements to Marine Creek Parkway/Old Decatur Road from South of McLeroy Boulevard to North of Grayson Road, Cromwell Marine Creek Road from Old Decatur Road to Marine Creek Parkway and Longhorn Road from Old Decatur Road to Marine Creek Parkway, Construction of Northside II 48-Inch Water Transmission Main Phase 2, Part 3 and Provide for Staff Costs and Other Project Costs and Contingencies for a Total Project Amount of$14,909,250.00, Authorize Execution of a Professional Services Agreement with Kimley Horn and Associates, Inc., in an Amount Not to Exceed $206,800.00 for Additional Design, Project Management and Construction Services for the Project, with Expenditures to be Reimbursed from Proceeds of Future Debt, and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Marine Creek Parkway Project of the Transportation Impact Fee Capital Projects Legacy Fund in the amount of$1,700,000.00 and reduce the fund balance in the reserves of Service Area G Fund by the same amount; 2. Authorize the execution of a contract with Jackson Construction, Ltd., in an amount up to $11,531,299.00, including potential incentives in an amount up to$105,000.00, for the construction of improvements to Marine Creek Parkway/Old Decatur Road from South of McLeroy Boulevard to North of Grayson Road, Cromwell Marine Creek Road from Old Decatur Road to Marine Creek Parkway and Longhorn Road from Old Decatur Road to Marine Creek Parkway and Construction of Northside II 48-inch Water Transmission Main Phase 2, Part 3; and 3. Authorize the execution of an Agreement with Kimley Horn and Associates, Inc., in an amount not to exceed $206,800.00 additional design, project management and construction services during the construction of Marine Creek Parkway/Old Decatur Road from South of McLeroy Boulevard to North of Grayson Road, Cromwell Marine Creek Road from Old Decatur Road to Marine Creek Parkway and Longhorn Road from Old Decatur Road to Marine Creek Parkway, with expenditures to be reimbursed from future debt. DISCUSSION: This project provides for the construction of Improvements to Marine Creek Parkway/Old Decatur Road from South of McLeroy Boulevard to North of Grayson Road, Cromwell Marine Creek Road from Old Decatur Road to Marine Creek Parkway and Longhorn Road from Old Decatur Road to Marine Creek Parkway and the Construction of Northside II 48-inch Water Transmission Main Phase 2, Part 3. The project was advertised on March 10, 2016 and March 17, 2016 in the Fort Worth Star-Telegram using the low bid plus incentives method. Jackson Construction Ltd., submitted the lowest bid. On April 21, 2016, the following bids were received: http://apps.cfwnet.org/council_packet/mc review.asp?ID=22465&councildate=6/28/2016 7/19/2016 M&C Review Page 2 of 4 Bid Results Contractor Bid Jackson Construction, Ltd $11,426,299.00 Oscar Renda Contracting, Inc. $11,497,539.15 Tiseo Paving Co. $12,608,404.59 Construction of the Marine Creek Parkway improvements is one component of the overall project that includes design, project management, easements, right-of-way acquisition and contingencies. The overall project budget is$14,909,250.00. There are potential incentives of$3,000.00 per day, up to a maximum $105,000.00, built into the construction contract if the contractor delivers the project prior to a specified milestone. Failure to deliver the project by the specified substantial completion date will subject the contractor to liquidated damages of $3,000.00 per day until substantial completion is achieved. Kimley Horn and Associates, Inc., will perform additional project design, and will perform construction services to oversee the project. This project will have no impact on the Water Department's operating budget when complete. Construction is anticipated to commence in July 2016 and be complete in 480 calendar days. A portion of the costs for this project are included in the 2014 Bond Program. Available resources within the General Fund will be used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund, in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014). A portion of this project is anticipated to be funded through inclusion in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Direct Purchase Note program will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one-percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short-term financing source, another funding source will be required, which could mean issuance of securities under the Direct Purchase Note program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the Reimbursement Resolution for the entire Northside II 48-inch Water Main, Phase II Improvement Project that is also on today's agenda. The City Council adopted the Water Department's Fiscal Year 2016-2020 Five-Year Capital Improvement Plan on February 2, 2016 (M&C G-18662). This City Council adopted plan includes this specific project, with funding identified through the DPN program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statements, Staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through other budgetary methods. The adopted resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds. M/WBE OFFICE: Jackson Construction, Ltd., is in compliance with the City's BDE Ordinance by committing to one percent MBE participation and documenting good faith effort. Jackson Construction, Ltd., identified several subcontracting and supplier opportunities. However, the MBE's contacted in the areas identified did not respond or did not submit the lowest bids. The City's MBE goal on this project is 22 percent. http://apps.cfwnet.org/council_packet/mc review.asp?ID=22465&councildate=6/28/2016 7/19/2016 M&C Review Page 3 of 4 Kimley-Horn Associates, Inc., is in compliance with the City's BDE Ordinance by committing to 10 percent SBE participation. The City's SBE goal on this project is 10 percent. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that the appropriation is available as directed by M&C G-18375 in the Water/Sewer DPN Fund for the Northside II 48-inch Water Transmission Main Improvement Project and 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 Transportation Impact Fee Capital Legacy Fund and the 2014 Bond Program Fund. The current balance in the reserves of Service Area G is$3,974,416.11. Project Pending Remaining Description Appropriations to Encumbrances/ Balance Date Expenditures Water/Sewer DPN Fund $ 0.00 $3,032,795.00 $ 0.00 56005 Marine Creek Parkway-34014 $8,600,000.00 $7,039,021.04 $1,560,978.96 2014 Bond Fund Marine Creek-39008 Impact $1,700,000.00 $1,700,000.00 $ 0.00 Fee Fund TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 1) 39008 0200431 4413001 CO2506 C03980 $1,700,000.0 1) 39008 0200431 CO2506 CO2380 $1,700,000.0 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 34014 0200431 5330500 CO2506 CO2380 2016 14040199 $206,800.0 3) 39008 0200431 5740010 CO2506 CO2380 $1,700,000.0 3) 34014 0200431 5740010 CO2506 CO2380 2016 14040199 $6,693,504.0 1 39008 0060419 4413001 UN9917 I UN2300 I $1,700,000.0 ff 56005 0700430 5740010 CO2304 C01485 2016 $346,935.0 56005 0600430 5740010 CO2304 C01483 1 2016 $2,685,860.0 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Wilma Smith (8785) ow 4AW---"R ATTACHMENTS do Ap 02506 Marine Creek Pkwy Kimlev Horn Assoc. Form 1295.0 f 05D in http://apps.cfwnet.org/council_packet/mc—review-aNp')l 1) r16 � 1016 M&C Review Page 4 of 4 20MARINE CREEK PARKWAY 39008 A016 .docx Marine Creek Parkway-Jackson Construction 1295 Form.pdf MadneCreekPkwv ProjectUmits MC.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22465&councildate=6/28/2016 7/19/2016