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Contract 38775 (2)
Ix CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Kennedy Consulting, Ltd., (the "ENGINEER"), for a PROJECT generally described as: Dirks Road (Bryant Irvin Road to Granbury Road) (City Project No. 00768) 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) ORIGINAL Page 1 of 20 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. (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) Page 2 of 20 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 20 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. 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/VItBE) 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/O6/05) Page 4 of 20 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 certificates) of insurance policies of the following coverage at minimum limits that are t 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 10/06/05) Page 5 of 20 documenting o be in effect 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 B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $110001000 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/O6/05) Page 6 of 20 (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 Ino exclusions by; endorsements unless the CITY approves such exclusions in 'writinq. Q) 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. (I) 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 10/06/05) Page 7 of 20 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/O6l05) Page 8 of 20 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 A. 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 10l06/05) Page 9 of 20 G. I 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 20 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/O6/05) Page 11 of 20 (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' 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/O6/05) Page 12 of 20 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. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorneys fees, costs and expenses, may be gated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. 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. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 13 of 20 L. 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) Page 14 of 20 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 D - Project Schedule Attachment E - Location Map Executed this the �_�day of _ , 2009. ATTEST: City Secretary Contract Authorization i ' l to Diq - -� Date Assistant `Cit}! Attorney ATTEST: STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 15 of 20 CITY OF FORT WORTH Fernando Costa Assistant City Manager APPROVAL RECOMMENDED William A. Verrkest, P,:� `� Director, Transportation and Public Works Kennedy Consulting, Ltd by O'Malley - Chick LLC, its General Partner ENGINEER By: NAME: Kurt W. Aungst, P.E. TITLE: Senior Associate of the General Partner ATTACHMENT "A" General Scope of Services "Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence over the General Scope of Services. " GENERAL 1) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed street, and storm drain and/or water and wastewater facilk ties/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechnicallnvestigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed, in the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 16 of 20 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the Department of Engineering and 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; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. PHASE 1 7) Right -of -Way, Easement and Land Acquisition Needs The Engineer shall determine the rights -of -way, easement needs for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights -of -way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights -of -way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four (4) copies each. �) 9esign Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility liens or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 17 of 20 10) x Conceptual Plans The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross -sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. STANDARD ENGINEERING AGREEMENT (REV 10/06/05) Page 18 of 20 10) 17) 18) 19) 20) 21) 22) Final Approved Construction Plans The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans and contract specifications. The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contracts, and constructing the project. Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. Recommendation of Award The Engineer shall assist in the tabulation and review of all bids received for the construction of the project and shall make a recommendation of award to the City. Prebid Conference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. Preconstruction Conference The Engineer shall attend the preconstruction conference. Construction Survey The Engineer shall be available to the City on matters during its construction and will set control points in th stake the project. The setting of line and grade stakes will be performed by the City. Site Visits concerning the layout of the project e field to allow City survey crews to and route inspection of construction he Engineer Tshall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. STANDARD ENGINEERING AGREEMENT (REV 10/O6/05) Page 19 of 20 23) , Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill test reports on materials and equipment. 241 Instructions to Contractor The Engineer shall provide necessary interpretations and clarifications of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 25) Differing Site Conditions The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered. 26) Record Drawings The Engineer shall prepare record drawings from information submitted by the contractor. STANDARD ENGINEERING AGREEMENT (REV 10/06105) Page 20 of 20 EXHIBIT "A-2" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") DESIGN SERVICES: PAVING AND/OR DRAINAGE IMPROVEMENTS The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT 'A Work under this attachment includes engineering services for paving and/or storm drain improvements for the following: Dirks Road (East and West) City Project No. 00107 Dirks West (Bryant Irvin Road to SH 121 (Southwest Parkway)) This project consists of updating the preliminary and final engineering design, including the development of construction documents and construction administration, for approximately 3,250 LF of six -lane divided urban section with curb and gutter on Dirks Road from Bryant Irvin Road to SH 121 (Southwest Parkway). Previous work was completed on this section of roadway under a separate contract through the North Texas Tollway Authority. Current direction from the CITY requiring substantial modifications to previously completed work includes updating the drainage design and details to follow current CITY drainage criteria and standard drawings. In addition, alignment modifications will be made in an effort to preserve existing landscape trees along the Northern Dirks Road ROW limits. Additional left turn bays are also to be added at the intersections with Dirks Road and Byrant Irvin Road, Quail Ridge Road, and Harris Parkway. Additional landscaping will be also be provided along the corridor. Due to the previously completed work, it will only be necessary for the ENGINEER to revise/prepare and submit the Preliminary (60% - PDF Only), Pre -Final (90%) and Final (100%) plans for this section of Dirks Road. All traffic signal work for this section of Dirks Road to be completed by others under a separate contract. Dirks East (SH 121 (Southwest Parkway) to Cranbury Road) This project consists of the preliminary and final engineering design, including the development of construction documents and construction administration, for approximately 1,800 LF of six -lane divided urban section with curb and gutter from SH 121 (Southwest Parkway) to Granbury Road. This work includes modifying and re -aligning a railroad overpass structure to accommodate the Dirks Road expansion. Services include preliminary exhibits, schematic design, environmental analysis, geotechnical investigations, landscape design, supplemental survey, and final design. Due to funding availability and project commitments, the two sections noted above will be EAZ-1 Rev 02/05/09 developed and bid as separate CITY projects. Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: 1. Initial Data Collection a. Pre -Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated for each section noted above. These include the following: One (1) pre -design kick-off meeting, (including ALL departments that are impacted by the project). One (1) review meeting at completion of the City's review of the conceptual engineering plans. b. Data Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, CITY drainage complaint files, existing applicable drainage studies and property ownership as available from the Tax Assessor's office. c. Coordination with Other Agencies During the concept phase the ENGINEER shall coordinate with all utilities, including utilities owned by the City, TxDOT and railroads. These entities shall also be contacted if applicable, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall be shown on the concept plans. The ENGINEER shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation EA2-2 Rev 02/O5/09 of the existing lines within the project limits. ENGINEER shall complete all forms necessary for City to obtain permit letters from TxDOT and railroads and submit such forms to the City. City shall be responsible for forwarding the forms to the affected agencies for execution. 2. Schedule Submittal and Monthly Progress Report The ENGINEER shall submit a project schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress reports as required under Attachment B of the contract. 3. Monthly Meetings The ENGINEER shall attend and prepare meeting minutes for up to 20 monthly progress meetings with the City of Fort Worth throughout the project duration for both sections of Dirks Road. 4. Project Management The Engineer's Project Manager and Task Leaders will be responsible for project oversight and the daily management of this project. Frequent and appropriate communications will be maintained between the Engineer and the City in an effort to expedite completion of the project. The following items are included in the project management tasks: • Coordinate the daily activities of the project; • Manage invoices and organize and manage project billings and filings; • Provide quality assurance/quality control throughout the duration of the project; and • Subconsultant management (including coordination with outside consultants). PART B -CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering i. Surveys for Design a. ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey EA2-3 Rev 02/05/09 shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. The survey shall cover the following areas of the Dirks West project: • Approximately 250 feet along Harris Parkway beginning at the north ROW line of Dirks Road and extending north. • Approximately 75 feet along Dirks Road centered on the driveway located at Sta. 14+25 and extending 50 feet north of ROW line. • Stake approximately 7 borehole locations and provide X, Y & Z data for each location. The survey shall cover the following areas of the Dirks East project: • Approximately 1000 feet along Dirks Road from ROW to ROW (approximately 120 feet wide ROW) beginning at the intersection of Granbury Road and extending 1000 feet to the east. • Approximately 1100 feet along Dirks Road from the proposed north ROW line of Dirks Road to 75 feet north of the proposed north ROW line of Dirks Road between the FWWRR and Granbury Road. • Approximately 1200 feet along Dirks Road from the proposed south ROW line of Dirks Road to 100 feet south of the proposed ROW of Dirks Road between the FWWRR and Granbury Road. • Approximately 1200 feet of drainage channel (approximately 100 feet wide) from the north ROW line of Dirks Road to the east ROW line of State Highway 121, and from the FWWRR to the east ROW line of State Highway 121. • Approximately 6,250 feet of the FW&WRR ROW (ROW to ROW) beginning at the center of Dirks Road and extending north for approximately 3,250 feet and south for approximately 3,000 feet. • Stake approximately 6 borehole locations and provide X, Y & Z data for each location. The minimum survey information to be provided on the plans for both sections shall include the following: 1. A Project Control Sheet, showing ALL Control Points, used or set EA2-4 Rev 02/OS/09 while gathering data. Generally on a scale of not less than 1:400: 2. The following information about each Control Point; a. Identified (Existing. City Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street), 3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. 4. No less than two horizontal bench marks, per line or location. 5. Bearings given on all proposed centerlines, or baselines. 6. Station equations relating utilities to paving, when appropriate. b. ENGINEER will provide a tree survey that includes locating all existing trees and shrubs on the north side of Dirks Road between Sta. 16+70 and Sta. 37+00. The ENGINEER shall prepare an exhibit showing the location, identification number (tag number), size, type, canopy size and dimensions from the existing ROW to all located trees and shrubs. Public Notification and PersonnelNehicle Identification a. Residential notification is required for field surveys on this project, mail - outs will be prepared for approval by CITY T/PW staff. The mail out shall be on company letter head and shall include the project name, study limits, DOE project no., brief description of the project, and consultant's project manager name and telephone number. EA2-5 Rev 02/OS/09 -OR - If Right of Entry acquisition is required for field surveys or other work on this project, mail -outs will be prepared for approval by CITY T/PW staff. The mail out shall be on company letter head and shall include the project name, study limits, DOE project no., brief description of the project, and consultant's project manager name and telephone number and a place for the property owner to sign giving permission to access the property. b. When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. iii. Drainage Computations ENGINEER will review and document the storm water watershed drainage runoff area and existing street, right-of-way and storm sewer capacities for the subject site. A drainage area map will be drawn at 1" = 200' scale from available contour maps. Calculations regarding street and right-of-way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Capacities of existing storm drain will be calculated and shown. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with City standards. All calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. iv. Preliminary Engineering and Exhibit Preparation (Dirks East and West) The ENGINEER shall prepare exhibits and perform preliminary engineering necessary to assess the feasibility of various options to be presented to the City for use in providing desired direction for the ultimate configuration of Dirks Road West. This work will include providinq various exhibits to determine an appropriate manner to address the preservation of existing landscape trees, coordinate utility relocation work, and aide in ROW and easement negotiations. Preliminary Engineering consists of developing alternative alignments, profile and driveway analysis, revised edge of pavement files, revised cross sections, verifying existing utility depths, determining proposed utility depths and horizontal locations, and working with the City on other various alternatives necessary for EA2-6 Rev 02/OS/09 advancement of the project. v. Schematic Design (Dirks East) A schematic document will be prepared as part of the conceptual engineering and NEPA documentation requirements for the Dirks East section. The ENGINEER shall perform the following tasks under this item: a. Prepare a preliminary opinion of probably cost based on the schematic design utilizing major construction elements and appropriate contingencies. b. Prepare a design schematic plan and profile drawing (full-size roll plot). The schematic will include the ultimate edge of pavement, proposed pavement profile, existing utility crossing, proposed culvert crossings, proposed bridges and vertical clearances, proposed ROW, proposed/existing driveways, proposed outfall channels, proposed intersection layouts, typical roadway sections, and traffic data (turning movements). c. Develop preliminary cross sections. Preliminary earthwork analysis using GEOPAK applications and refinement of proposed design based on these results. Provide preliminary design cross sections at 50400t intervals and critical areas. Cross sections shall be plotted utilizing an appropriate scale and shall be delivered in roll format. Existing ground information shall be derived from digital terrain model. d. Based on the schematic design and preliminary cross sections, the ENGINEER shall determine ROW requirements and identify the proposed ROW limits, proposed drainage easements, and proposed construction easements and provide an explanation of the sequence of staged construction. vi. Conceptual Engineering Plan Submittal a. Conceptual plans for Dirks West have previously been provided. Conceptual plans for Dirks East shall be submitted to City per the schedule specified in Attachment D — Project Schedule, EA2-7 Rev 02/05/09 b. The ENGINEER shall furnish three (3) copies of the conceptual engineering plans for Dirks East which include layouts, preliminary right-of- way needs and cost estimates for the ENGINEER's recommended plan. The ENGINEER shall also evaluate the phasing of the street and drainage work, and shall submit such evaluation in writing to the City as a part of the concept phase of the project. 2. Preliminary Engineering Upon approval of Part B, Paragraph 1(VI), ENGINEER will prepare preliminary construction plans as follows for Dirks East: a. Drainage area maps with drainage calculations and hydraulic computations. Information shown on the plans will be consistent with Part A, Paragraph 1.b. for proposed condition. b. Preliminary project plans and profile sheets which will show the following and shall be on 22" x 34" sheets: Property Ownership Curb Lines Driveways Medians (if applicable) Sidewalks Existing and proposed water and sanitary sewer mains. c. Proposed roadway profile grades and elevations along each curb line; elevations at all p.v.i.'s; p.i's half stations; high and low points; vertical curve information; and pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing ground at the left and right-of-way lines shall be shown. Existing found property corners (e.g. Iron pins), along the existing right-of- way shall be shown on the plans. Profiles for existing and proposed storm drain mains and leads shall be provided. d. Existing utilities and utility easements will be shown on the roadway plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to ascertain what, if any, future improvements are EA2-8 Rev 02/05/09 planned that may impact the project. e. Preliminary roadway cross -sections will be developed, from the survey notes, at intervals not4o-exceed 50 foot along the project length and will extend 10' past the right of way line on both sides of the street. Additional cross -sections at important features including driveways, p.i.'s of intersecting streets, (minimum distance of 100' along cross -street at each P.I.) walks, retaining walls, etc., will also be provided. Profiles of centerline of driveways will also be provided where necessary. Scale will be 1" = 10' horizontal and 1" = 2' vertical. f. Street and intersection layouts. The Engineer will be responsible for all necessary submittals to the Texas Department of Licensing and Regulation (TDLR) for final review and inspection of all proposed pedestrian and bicycle facilities. g. Proposed plan/profile sheets will conform to City of Fort Worth construction legend. Adequate horizontal and vertical control shall be provided on the plan sheets to locate all proposed and existing facilities. Legal descriptions (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. h. Railroad Track Design The ENGINEEER shall provide horizontal control sheets, existing and proposed typical sections, plan and profile design and layouts, and cross sections for the proposed railroad track realignment. The ENGINEER will prepare the required specifications pertaining to the construction of track realignment. Standards established from coordination meetings with the Fort Worth and Western Railroad company (FWWR) will be utilized for design. In the absence of applicable FWWR standards, suggested industry standards will be presented to the FWWR for approval and incorporated into the design documents. The ENGINEER will coordinate efforts between the City of Fort Worth and the FWWR Railroad. These efforts will include developing necessary exhibits to the railroad agreement, providing general assistance to the City throughout the project, and coordinating design items directly with the EA2-9 Rev 02/05/09 FWWR to ensure a successful project completion. In addition, railroad signalization and control within the proposed length of track realignment shall be coordinated with FWWR. If railroad signalization and control design is necessary, this will be an Additional Service. i. Structural Design i. The ENGINEER will prepare layouts and details for locations requiring retaining walls. Additional details will be provided as necessary for completeness of construction plans in accordance geotechnical recommendations from Part B, Paragraph 2(I). ii. The ENGINEER will prepare railroad bridge layouts and details for the railroad bridge based upon guidance provided by the most current version of American Railway Engineering and Maintenance - of -Way Association (AREMA) manual. Details include substructure construction drawings, superstructure construction drawings, and construction specifications. In addition, Temporary Special Railroad Shoring details will be designed for construction of the railroad bridge abutments. iii. The ENGINEER will prepare miscellaneous structural details as necessary to illustrate any additional construction details not covered by City or TxDOT standards. j. Environmental Permitting and USACE Coordination (Dirks West) The ENGINEER will prepare a Wetland Determination Report in accordance with the U.S. Army Corps of Engineer's (USACE) March 2008 Interim Regional Supplement to the Corps of Engineer's Wetland Delineation Manual: Great Plains Supplement. and Federal Highway (FHWA) standards. If a Section 404 permit or Pre -Construction Notification (PCN) is required, this will be an Additional Service. The following tasks will be included as a part of the Waters of the U.S./Wetland Determination: i. Wetland Jurisdictional Determination Analyses, Discussions, and Preparation • Conduct project site reconnaissance including an assessment EA2-10 Rev 02/OS/09 of vegetation and waters of the U.S. • Prepare brief description of proposed project. • Prepare brief ROW requirement discussion. • Prepare Waters of the U.S. discussion. • Assess Water Quality and provide discussion including Section 401 compliance and impaired waters. • Assess potential for Threatened and Endangered Species. • Prepare brief vegetation discussion. Evaluate for potential impacts to riparian areas/woodlands and determine if mitigation would be required. • Report QA/QC. ii. Exhibit Preparation • Prepare Project Location Map exhibit to current standards. • Prepare USGS Topographic Map exhibit to current standards. • Prepare Aerial Photograph exhibit. • Prepare Proposed Typical Sections exhibit. • Prepare Project Photographs exhibit. • Prepare Wetland Determination Data Form for one water crossing. • QA/QC iii. Agency Review • Address City of Fort Worth/USACE comments (one revision). • QA/QC iv. Environmental Documentation/Production • First Jurisdictional Water/ Wetland Determination Report — six draft copies. • Second Jurisdictional Water/ Wetland Determination Report (if necessary)— six draft copies. k. Environmental Documentation (Dirks East) Due to the potential for federal participation in the funding of this section of Dirks Road, The ENGINEER will prepare a Categorical Exclusion (CE) in accordance with Texas Department of Transportation (TxDOT) and Federal Highway (FHWA) standards. The CE will be consistent with the EA2-11 Rev 02/O5/09 National Environmental Policy Act (NEPA). The following tasks will be included as a part of the CE: i. Evaluation Analyses, Discussions, and Preparation • Conduct project site reconnaissance including an assessment of vegetation, waters of the U.S., and known/potential hazardous materials facilities. • Prepare Description of Proposed Project. • Prepare project Need and Purpose. • Prepare ROW Requirements and Utilities discussion. Prepare Local Government Support discussion. • Prepare Traffic Projections discussion. • Prepare Build Alternative discussion. • Prepare Regional and Community Growth discussion. • Prepare Socio-economic discussion. • Prepare Environmental Justice (EJ) and Limited English Proficiency (LEP) discussions using 2000 Census block, block group, and census tract data. G Prepare Community Cohesion discussion. • Prepare 4(f) section. • Prepare Waters of the U.S. discussion. • Prepare Water Quality discussion including Section 401 compliance and impaired waters. • Prepare Threatened and Endangered Species list and discussion. • Prepare Vegetation discussion. Evaluate for potential impacts to riparian areas/woodlands and determine if mitigation would be required. Prepare Historical Resources discussion. ® Prepare Archeological Resources impact evaluation and discussion. • Prepare Air Quality Discussion to current standards including Congestion Management Process (CMP) and qualitative Mobile Source Air Toxics (MSATs) discussion. Note: Traffic volumes are not expected to exceed 140,000 vehicles per day for either the project's estimated time of completion (ETC) or ETC+20 year conditions; therefore, a quantitative MSAT analysis and Carbon Monoxide (CO) modeling will not be conducted. EA2-12 Rev 02/OS/09 • Prepare Noise Assessment analysis and discussion. Additional traffic noise modeling will be required because added capacity and recent residential development. • Prepare Hazardous Materials discussion (hazardous materials database search and windshield survey). • Add Indirect Impacts section. Please note that a recent FHWA edict has required intensive data collection for this section. The indirect impacts analysis and discussion would be conducted in accordance with the guidelines of the National Cooperative Highway Research Program (NCHRP) Report 466: Desk Reference for Estimating the Indirect Effects of Proposed Transportation Projects. • Add Cumulative Impacts section. Please note that a recent FHWA edict has required extensive data collection for this section. The cumulative impacts analysis and discussion would be conducted in accordance with TxDOT's Guidance on Preparing Indirect and Cumulative Impact Analysis (December 2006). • Report QA/QC. ii. Exhibit Preparation • Prepare Project Location Map exhibit to current standards. • Prepare USGS Topographic Map exhibit to current standards. • Prepare Aerial Photograph exhibit. • Prepare Proposed Typical Sections exhibit. • Prepare Project Photographs exhibit. • Prepare Wetland Determination Data Form for one water crossing. • Prepare Vegetation Impacts Calculations worksheet if required. • Prepare Woodland Data Forms exhibit, if required. • Prepare MSAT Sensitive Receivers exhibit. • Prepare Noise Analysis Receiver Location exhibit. • Prepare Hazardous Materials Facilities exhibit. • QA/QC iii. Agency Review • Address TxDOT comments (two revisions). • QA/QC EA2-13 Rev 02/OS/09 • Address FHWA comments (two revisions). • QAQC Environmental Documentation/Production • First CE submittal — 10 draft copies. • Second CE submittal —17 draft copies. • Third CE submittal —10 copies v. Services Not Included as Part of the Environmental Documentation • Section 404 permitting. If a Section 404 permit or Pre - Construction Notification (PCN) is required, it would be prepared as a separate Scope of Service • Preparation of a Habitat Mitigation Plan and mitigation coordination. • Historical intensive -level investigation/survey. If an additional historical survey is required, it would be conducted as a separate Scope of Service. • Archeological investigation requiring shovel testing or deep trenching (back=hoe work). If an intensive archeological investigation is required, it would be conducted as a separate Scope of Services. • Noise Workshop. If a Noise Workshop is required, it would be conducted as a separate Scope of Service. I. Geotechnical Investigation/Pavement Design The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2005 for both sections of Dirks Road. m. Landscape Architecture The ENGINEER shall develop landscaping and irrigation plans for landscaping amenities as directed along the entire corridor. The landscape design shall be done in accordance with City of Fort Worth Parks and Recreation Department criteria. The ENGINEER shall prepare construction drawings and specifications for landscape and irrigation including: landscape plan and plant list; landscape details and notes; and EA2-14 Rev 02/OS/09 n. o. p• Rev 02/OS/09 irrigation plan, details and notes. The ENGINEER will incorporate the necessary irrigation sleeves, electrical conduits, and pull boxes into the plans and coordinate design with all other appurtenances. Right -of -Way Research The ENGINEER will conduct preliminary research for availability of existing easements where open -cut construction or relocation of existing alignments is probable. Temporary and permanent easements will be appropriated based on available information and recommendations will be made for approval by the City. Right-of-way/Easement Preparation and Submittal Preparation and submittal of right-of-way, easements and rights -of -entry will be in conformance with "Submittal of Information to Real Property Division for Acquisition of Property". Utility Clearance Phase The ENGINEER will consult with the City's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities that have an impact or influence on the project. ENGINEER will design City facilities to avoid or minimize conflicts with existing utilities. The utility layout and design for any necessary utility adjustments or conflicts (public or private) will be provided by the City for inclusion in the plan set as necessary. If it is determined that any necessary utility relocation sheets are to be developed by the h S ENGINEER, this task will be accomplished througupplementla Agreement. The ENGINEER shall deliver a minimum of 13 sets of approved preliminary construction plans to the City's Utility Coordinator for forwarding to all utility companies, which have facilities within the limits of the project. EA2-15 q. Preliminar}�Construction Plan Submittal i. Preliminary plans for Dirks West have previously been provided. Preliminary construction plans and specifications for Dirks East shall be submitted to CITY per the schedule specified in Attachment D — Project Schedule. ii. The ENGINEER shall deliver two (2) sets of preliminary construction plans and two (2) specifications for Dirks East to CITY for review. Generally, plan sheets shall be organized as follows: Cover Sheet General Layout and Legend Sheet Drainage Area Map and Computations Plan & Profile Sheets Preliminary Cross Sections Standard Construction Details Special Details (If applicable) iii. The ENGINEER shall submit a preliminary estimate of probable construction cost with the preliminary plans submitted. ENGINEER shall assist City in selecting the feasible and or economical solutions to be pursued. r. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments for preliminary submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. s. Public Meeting i. After revising and updating the Dirks West plans to a 90% project level and the -plans have been reviewed and approved by the City, the ENGINEER shall prepare project exhibits, provide the CITY with the database listing the names and addresses of all residents and EA2-16 Rev 02/05/09 business to be affected by the proposed project, and attend one public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. The ENGINEER will provide project facts and graphics electronically to the City; CITY will prepare and print handouts for the public. After the preliminary Dirks East plans have been reviewed and approved by the City, the ENGINEER shall prepare project exhibits, provide the CITY with the database listing the names and addresses of all residents and business to be affected by the proposed project, and attend one public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. The ENGINEER will provide project facts and graphics electronically to the City; CITY will prepare and print handouts for the public. t. Storm Water Pollution Prevention Plan (SWPPP) For projects that disturb an area greater than one (1) acre, ENGINEER will prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the project for use by the Contractor during construction. ENGINEER will prepare drawings and details for proposed SWPPP improvement that the Contractor must use during construction. Contractor will be responsible for filing the SWPPP with appropriate regulatory agencies. u. Traffic Control Plan The ENGINEER may utilize standard traffic reroute configurations posted as "Typicals" on the City's Buzzsaw website. The typicals need not be sealed individually if included in the sealed contract documents. In the event that the "typicals"(as described above) cannot be utilized on the project, the ENGINEER shall prepare a signed and sealed Traffic Control Plan for review and approval by the Traffic Division of the Transportation and Public Works Department . EA2-17 Rev 02/O5/09 3. Final Construction Plan Submittal a. Final Construction Documents for Dirks East and West shall be submitted to CITY per the schedule specified in Attachment D - Project Schedule. Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents for Dirks East and West to CITY (each plan sheet shall be stamped, dated, and signed by the engineer registered in State of Texas) and submit two (2) sets of plans and construction contract documents in accordance with schedule specified in Attachment D - Project Schedule. Plan sets shall be used for Part C activities. The ENGINEER shall submit a final estimate of probable construction cost with the final plans submitted. c. Furnish as a function of final plans, five (5) copies of the final cross - sections on 22" x 34" sheets. Information on these sheets will include centerline station, profile grades and centerline elevations, roadway section (existing and proposed), right-of-way limits. Scale will be 1" = 20' horizontal and 1 - 2 vertical with cross sections plotted with stationing from the bottom of the sheet, and will include laterals and inlets. CITY policy with regard to parking design shall be maintained. Excavation and embankment volumes and end area computations shall also be provided. d. Mylar Submittals The ENGINEER shall submit a final set of mylar drawings for record storage as follows: 1. Street and storm drain plans shall be submitted as one set of plans. Street and storm drain plans shall be separate from water and sanitary sewer plans. All sheets shall be standard size (22" x 34") with all project numbers (TPW and EA2-18 Rev 02/OS/09 water/sanitary sewer) prominently displayed. 2. For projects where water/sanitary sewer improvements occur on a TPW Department funded project with no Water funding involved, a separate set of mylars with cover sheet shall be submitted for Water Department. 3. Signed plans sets shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file. There shall be one (1) PDF file for the TPW plan set and a separate PDF file for the Water plan set. Each PDF file shall contain all associated sheets of the particular plan set. be accepted. PDF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where 11WA956" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X- 35667_org36.pdf" where "X-35667 is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, 1136" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF files shall be submitted on one (1) Compact Disk, which will become property of and remain with the City of Fort Worth. Floppy disks, o_r"!311 flash media will not be accepted. EA2-19 Rev 02/OS/09 4, For information on the proper manner to submit PDF files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. PART C -PRE-CONSTRUCTION ASSISTANCE Administration a. Bid Documents The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. Hard copies of documents will not be made available to potential bidders. Contract documents shall be uploaded in pdf files and the plans in pdf and dwf files. b. Biddi____ ng_Assistance The ENGINEER shall assist the CITY during this phase including preparation and delivery of any additional addenda prior to bid opening to plan holders and respond to questions submitted to CITY by prospective bidders. The ENGINEER shall upload all addenda onto Buusaw. The ENGINEER shall attend the scheduled pre -bid conference. The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening, develop bid tabulations in hard copy and electronic format and return four (4) copies of the bid tabulation, along with the contract documents to the City within three (3) working days after bid openings. c, Construction Documents The ENGINEER will make available for construction, upon request EA2-20 Rev 02/OS/09 by the CITY, up to five (5) full size and five (5) half size sets of the final approved and dated plans and ten (10) copies of the specifications and contract documents for the projects to the CITY for distribution to the contractor and City personnel. d. Assistance During Construction The ENGINEER shall attend the pre -construction conference for the project. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. The ENGINEER shall make periodic site visits during construction and provide documentation of the observations made, as requested by CITY. The ENGINEER shall attend the "Final' project inspectin and assist City with preparation of final punch list, as requested by CITY. Rev 02/OS/09 EA2-21 ATTACHMENT "B" COMPENSATION AND SCHEDULE Design Services for Dirks Road (East and West) City Project No. 00107 I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $194659379.00 as summarized in Exhibit "134' Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment A, Exhibit "A-1" and Exhibit "AmT for all labor materials, supplies, and equipment necessary to complete the project. B. The ENGINEER shall be paid monthly payments as described in Exhibit "B-1" Section 1 - Method of Payment. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the ENGINEER. II. Schedule Final Plans and Contract Documents for bid advertisement shall be submitted to CITY per the schedule specified in Attachment D — Project Schedule for each section of Dirks Road (East and West). 3 Attachment B and Exhibits.doc B-1 EXHIBIT "15-1' METHOD OF PAYMENT (Supplement to Attachment B) Design Services for Dirks Road (East and West) City Project No. 00107 Method of Payment Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice from the ENGINEER outlining the estimated current percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Until satisfactory completion of Exhibit "A-1" and A-2", Conceptual Engineering plan submittal and approval by the City, a sum not to exceed 30 percent of the total lump sum fee. Until satisfactory completion of Exhibit "A-1" and A-2", Preliminary Construction Plan submittal and approval by the City, a sum not to exceed 60 percent of the total lump sum fee, less previous payments. Until satisfactory completion of Exhibit "A-1" and A-2", Final Construction plan submittal and approval by the City, a sum not to exceed 90 percent of the total lump sum fee, less previous payments. The balance of the earnings, less previous payments, shall be payable after Bid opening for the Project has been conducted or 45 days after approval of Attachment "A-2 Part B, Paragraph 3(a), whichever occurs first. 11. Progress Reports A. The ENGINEER shall submit to the designated representative of the Director of the Department of Transportation and Public Works monthly progress reports covering all phases of design in the format required by the City. B. If ENGINEER determines in the course of making design drawings and specifications that the opinion of probable construction cost of $11,303,600.00 (as estimated in Exhibit B-4) will be exceeded, whether by change in the scope of the project, increased cost or other conditions, the ENGINEER shall immediately report such fact to the City's Director of the Department of Transportation and Public Works and, if so instructed by the Director of the Department of Transportation and Public Works shall suspend all work hereunder. 3 Attachment B and Exhibits.doc B1 - 1 EXHIBIT "B-2" HOURLY RATE SCHEDULE (Supplement to Attachment B) Design Services for Dirks Road (East and West) City Project No. 00107 2009-2010 Standard Hourly Rate Schedule Emgloyee Classification Rate/Hour Project Manager $205.00 /hour Senior Professional $175.00 /hour Professional II $140.00 /hour Professional I $110.00 /hour Admin /Clerical $75.00 /hour Reproduction work will be at current commercial rate. Subcontractors will be paid for at actual invoice cost plus 10%. 3 Attachment B and Exhibits.doc EXHIBIT "B-3A" (Supplement to Attachment B) Design Services for Dirks Road (East and West) City Project No. 00107 SUMMARY OF TOTAL PROJECT FEES Consulting Firm j Prime Responsibility � Amount Prime Consultant: Kennedy Consulting, � Project Management and ! $765,908.73 � 52.3 Ltd. Roadway Design I Proposed MWWBE Sub -Consultants I Amount Civil Associates, Inc. � Environmental $68,313.94 4.7 Documentation ANA Consultants, � Drainage, TCP, SWPPP I $132,740.00 � 9.1 LLC Gorrondona & I Design Surveys, ROW � $93,845.00 i' 6.4 Associates, Inc. I Mapping Caye Cook & Landscape and Irrigation ; $28,510.00 � 1.9 Associates, Inc. Design I( HVJ Associates, Inc. � Geotechnical Services I $36,019.00 I 2.5 Non-MNVBE Consultants: HDR Engineering, j RR Coordination, $340,042.33 � 23.2 � Inc. � Structural Design and Details Project Description Scope of Services Total Fee MWBE Fee Percent Dirks Road Widening Pave, Drain, & RR $1,465,379.00 $359,427094 24.5% City MWWBE Goal = 23% 3 Attachment B and Exhibits.doc EXHIBIT "B-3B" (Supplement to Attachment B) Design Services for Dirks Road (East and West) City Project No. 00107 PROFESSIONAL SERVICES FEE SUMMARY Transportation &Public Works: (Construction Cost x X.X%) Paving &Drainage $11,303,600.00 x 6.0% _ $674,895.99 Water Department: N/A T&PW: Basic Services Total (Dirks East and West — 2 Plan Sets) $6741895.99 Special Services (Dirks East and West — 2 Plan Sets): Transportation &Public Works: Topographic Survey $93,845.00 Erosion Control Plans & SW3P $11,370.00 Traffic Control Plan $30,450.00 Meetings & Reports $94,960.00 Printing & Reproduction $36,946050 Construction Related Services Bid Documents $6,090000 Bidding Assistance $11,120.00 Construction Documents $121090.00 Assistance During Construction $22,290400 Shop Drawing Review $23,900.00 Utility Clearance Phase $11,440600 Environmental Documentation/Permitting $60,317,19 Railroad Track and Bridge Design $2751192.33 Landscape Architecture $28,510000 Geotechnical Investigations $361019.00 Administrative (10%) Fee on M/WBE firms $35,942.99 Additional Services TP&W Subtotal (Dirks East and West — 2 Plan Sets) $7909483.01 TOTAL PROJECT FEE $1,465,379.00 3 Attachment B and Exhibits.doc 63-2 EXHIBIT "13-313" (Supplement to Attachment B) Design Services for Dirks Road (East and West) City Project No. 00107 SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE) SUMMARY OF TOTAL FEE Service Description Water Sewer ! Paving 1 Total Engineering Services $ ( $ $674,895099 $674,895699 Additional Services $ $ $696,638.01 $696,638001 i Surveying Services $ $ $93,845.00 $93,845.00 j Total $ $ $1,4659379M $1,465,379.00 BREAKDOWN OF WATER, SEWER AND PAVING FEES (LESS SURVEY FEES) 1. Total Water Fee (less survey fee) Breakdown by Concept, Preliminary and Final Design a. Concept (30%) _ (Total Water Fee —Water Survey Fee) x (0.3) _ $0.00 b. Preliminary (60%) _ (Total Water Fee — Water Survey Fee) x (0.6) _ $0.00 c. Final (10%) = (Total Water Fee — Water Survey Fee) x (0.1) _ $0,00 2. Total Sewer Fee (less survey fee) Breakdown by Concept, Preliminary and Final Design a. Concept (30%) _ (Total Sewer Fee —Sewer Survey Fee) x (0.3) _ $0.00 b. Preliminary (60%) _ (Total Sewer Fee —Sewer Survey Fee) x (0.6) _ $0.00 c. Final (10%) = (Total Sewer Fee — Sewer Survey Fee) x (0.1) _ $0.00 3. Total Paving & Drainage Fee (less survey fee) Breakdown by Concept, Preliminary and Final Desiqn a. Concept (30%) _ (Total Paving Fee —Paving Survey Fee) x (0.3) b. Preliminary (60%) _ (Total Paving Fee —Paving Survey Fee) x (0.6) c. Final (10%) = (Total Paving Fee — Paving Survey Fee) x (0.1) $439,613.70 _ _ $879,227.40 $1461537.90 3 Attachment B and Exhibits.doc B3-3 EXHIBIT "B-3C" (Supplement to Attachment B) Design Services for Dirks Road (East and West) City Project No. 00107 FEES FOR SURVEYING SERVICES Surveying Services: Paving: Dirks Road from Bryant Irvin Road to Granbury Road Topographic Surveys: (11,300 LF x $8.31 / FT) _ T&PW Total for Surveying Services: $93,845.00 $93,845.00 3 Attachment B and Exhibits.doc EXHIBIT 1113-3D" (Supplement to Attachment B) Design Services for Dirks Road (East and West) City Project No. 00107 Printing &Reproduction (Dirks West): Transportation &Public Works and Water Department: Conceptual Design Report: N/A (Previously Provided Under Separate Contract) Utility Clearance: 13 sets of Const. Plans (Full) $6.00/sht. x 94 sht/plan x 13 $ 7,332.00 Final Plans: 3 sets of Const. Plans (Full) 1 sets of Const. Plans (Half) 2 sets of Specifications Const Documents: 5 sets of Const. Plans (Full) 5 sets of Const. Plans (Half) 10 sets of Specifications $6.00/sheet x 94 sht/plan x 3 $ 1,692.00 $0.25/sheet x 94 sht/plan x 1 $ 23.50 $0.15/sheet x 300 pg/spec x 2 $ 90.00 $6.00/sheet x 94 sht/plan x 5 $ 2,820.00 $0.25/sheet x 94 shuplan x 5 $ 117.50 $0.15/sheet x 300 pg/spec x 10 $ 450.00 Mounted Exhibits for Public Meeting: 3 Roll Plots (Full) $3.50/sgft x 24 sgft/plan x 3 3 Exhibits $250.00/Exhibit x 3 Final Mylars for Record Purposes: 1 Set of Plans (Full) Miscellaneous Printing: 8.5x11 Copies 11x17 Copies 22x34 Copies Roll Plots $10.00/sheet x 94 sht/plan x 1 $ 252.00 $ 750.00 $ 940.00 $0.15/sheet x 500 $ 75.00 $0.25/sheet x 800 $ 200.00 $6.00/sheet x 300 $ 1800400 $3.50/sgft x 72 $ 252.00 Printing &Reproduction Subtotal (Dirks West) $16,794.00 3 Attachment B and Exhibits.doc EXHIBIT "B-3D" (Supplement to Attachment B) Printing & Reproduction (Dirks East). Transportation at Public Works and Water Department: Conceptual Design Report: 3 Roll Plots (Full) Preliminary &Utility Clearance: 15 sets of Const. Plans (Full) 1 sets of Const. Plans (Half) 2 sets of Specifications Final Plans: 3 sets of Const. Plans (Full) 1 sets of Const. Plans (Half) 2 sets of Specifications Const Documents: 5 sets of Const. Plans (Full) 5 sets of Const. Plans (Half) 10 sets of Specifications $3$0/sgft x 15 sgft/plan x 3 $ 157.50 $6.00/sht. x 100 sht/plan x 15 $ 9,000.00 $0.25/sheet x 100 sht/plan x 1 $ 25.00 $0.15/sheet x 300 pg/spec x 2 $ 90.00 $6.00/sheet x 100 sht/plan x 3 $ 1,800.00 $0.25/sheet x 100 sht/plan x 1 $ 25.00 $0.15/sheet x 300 pg/spec x 2 $ 90.00 $6.00/sheet x 100 sht/plan x 5 $ 3,000.00 $0.25/sheet x 100 sht/plan x 5 $ 125.00 $0.15/sheet x 300 pg/spec x 10 $ 450.00 Mounted Exhibits for Public Meeting: 3 Roll Plots (Full) $3.50/sgft x 15 sqft/plan x 3 3 Exhibits $250.00/Exhibit x 3 Final Mylars for Record Purposes: 1 Set of Plans (Full) Miscellaneous Printing: 8.5x11 Copies 11x17 Copies 22x34 Copies Roll Plots $10.00/sheet x 100 sht/plan x 1 $ 157.50 $ 750.00 $ 1,000.00 $0.15/sheet x 500 $ 75.00 $0.25/sheet x 1000 $ 250.00 $6.00/sheet x 500 $ 31000000 $3.50/sgft x 45 $ 157.50 Printing &Reproduction Subtotal (Dirks East) Transportation &Public Works Water Department (Water &Sanitary Sewer) $2015250 ,. $36,946.50 3 Attachment 8 and Exhibits.doc EXHIBIT 11134" OPINION OF PROBABLE CONSTRUCTION COSTS (Supplement to Attachment B) Dirks Road (From Bryant Irvin Road to SH 121 (Southwest Parkway) P6D Construction (0.62 mile @ $1.3 Million /Lane Mile): Contingency (10%): Transportation &Public Works (Dirks West) Dirks Road (From SH 121 (Southwest Parkway) to Cranbury Road) P6D Construction (0.35 mile @ $1.3 Million /Lane Mile): Railroad Track Construction (1.15 mile @ $1 Million /Mile): Railroad Bridge Construction (2600 SF @ $600.00 / SF): Contingency (10%): Transportation &� Public Works (Dirks East) T&PW Total Dirks Road (East and West): $ 4, 836, 000.00 $ 483, 600.00 $ 5,319,600.00 $ 2, 730, 000.00 $1,150, 000.00 $1, 560, 000.00 $ 544,000.00 $ 5,994,000.00 $11,303,600.00 3 Attachment B and Exhibits.doc COST PROPOSAL FOR PLANS, SPECIFICATIONS &ESTIMATE REVISIONS KENNEDY CONSULTING, LTD. DIRKS ROAD (WEST AND EAST OF SH 121) FROM BRYANT IRVIN ROAD TO SH 121 (SOUTHWEST PARKWAY), AND FROM SH 121 (SOUTHWEST PARKWAY) TO GRANBURY ROAD IN FORT WORTH, TEXAS For services describe in the Scope of Services, we request the compensation as detailed below. Cost breakdowns for engineering services and explanation of expenses for Kennedy Consulting, Ltd. is shown on the following pages. FIRM DIRKS WEST DIRKS EAST TOTAL Kennedy Consulting, Ltd. $360,621.40 $405,287.33 $765,908.73 52.3% HDR Engineering, Inc. $0.00 $340,042633 $340,042.33 23.2% Civil Associates, Inc. (DBE) $10,125600 $58,188094 $68,313094 4.7% ANA Consultants, LLC (DBE) $651815.00 $66,925000 $132,740.00 9.1 % Gorrondona & Associates, Inc. (DBE) $9,465.00 $84,380600 $93,845500 6.4% Caye Cook & Associates (WBE) $14,840.00 $13,670600 $28,510.00 1.9% HVJ Associates, Inc. (MBE) $12,977000 $23,042000 $36,019200 2.5% Project Total: $4731843.40 $9913535.60 $1,465,379.00 Total MWDBE 24.5% $ 1,465,379.00 CITY OF FORT WORTH COST PROPOSAL FOR PLANS, SPECIFICATIONS &ESTIMATE REVISIONS KENNEDY CONSULTING, LTD. DIRKS ROAD (WEST OF SH 121) FROM BRYANT IRVIN ROAD TO SH 121 (SOUTHWEST PARKWAY) IN FORT WORTH, TEXAS For services describe in the Scope of Services, we request the compensation as detailed below. Cost breakdowns and specified rates for each type of labor for engineering services and explanation of expenses are shown on the following pages. (LUMP SUM AMOUNT -DIRKS WEST $ 473,843.40 EXHIBIT B-3B Kennedy Consulting, Ltd. Dirks Road (West of SH 121) City of Fort Worth Summary of All Services KCI Direct Salary Cost Project Manager 327 Hrs. @ $205.00 / Hr = $67,035.00 Senior Professional 437 Hrs. @ $175.00 / Hr = $76,475.00 Professional II 628 Hrs. @ $140.00 / Hr = $87,920.00 Professional I 646 Hrs. @ $110.00 / Hr = $71,060.00 Admin /Clerical 108 Hrs. @ $75.00 / Hr $8,100.00 Total KCI General Expenses Hours 2146 Labor Cost Total $310,590.00 CADD Time 1042 HRS @ $20.00 / HR = $20,840.00 8 1/2x11 Copies 4100 EA @ $0.15 / EA = $615.00 11x17 Copies 1364 EA @ $0.25 / EA = $341.00 22x34 Copies 2274 EA @ $6.00 / EA = $13,644.00 Final Plan Set 22x34 (Mylar) 94 EA @ $10.00 / EA = $940.00 Full -Size Roll Plots 144 SF @ $3.50 / SF = $504.00 Mounted Exhibits 3 EA @ $250.00 / EA = $750.00 Overnight Deliveries 10 EA @ $25.00 / EA = $250.00 Mileage 1500 MI @ $0.55 / MI = $825.00 General Expense Total $38,709.00 KCI Fee Total $349,299.00 Subconsultant Expenses Civil Associates, Inc. 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($120/hr) ($80/hr) ($80/hr) Expenses Engineering Services Hours Hours Hours Site visit for inventory 1 3 $50.00 Team meeting 3 $50.00 Key plan 2 coordinate with city regraring landscape ord. 1 Prepare 90% planting plan - 4 sheets 2 16 $140,00 Prepare 90% irrigation plan - 4 sheets 16 1 Prepare 90% cost estimate 0.5 2 Prepare planting details & plant list 1 6 Prepare irrigaiton details & coord. With city 1 Prepare quantity list 0.5 1 3 Prepare presentation graphics 0.5 8 $300,00 Respond to comments 0.5 1 1 Revise plans per comments 0.5 3 6 Review plans with City (meeting) 4 $50.00 Revise plans per comments, changes 0.5 2 4 Coordinate with City for meter, electrial 1 1 Follow up meeting 4 $50.00 Coordinate It. Poles, utilities with tree locations 1 $20.00 Revise cost estimate 0.5 0.5 1 Prepare specifications 1.5 0.5 Issue 100% submittal 0.5 0.5 1 $150,00 Revise plans per comments 1 2 2 Issue plans for bid (final) 0.5 0.5 1 $300,00 Addenda 0.5 1 1 $300.00 Hours: 11.5 30 72 SUBTOTAL $1,380.00 $2,400.00 $5,760.00 $1,410.00 GRAND TOTAL $10,950.00 Construction Phase Services Review submittals 0.5 1 2 $30.00 Site visits for irrigation installation (2) 1 12 1 $100,00 Site visits for planting installation (2) 1 12 $100,00 Final punch list 0.5 6 6 $100,00 Hours: 3 19 21 SUBTOTAL GRAND TOTAL $360.00 $19520.00 $1,680.00 $330.00 $3,890.00 CONTRACT TOTAL FOR DIRKS RD WEST 14 840.00 Page 1 of 1 GEOTECHNICAL ESTIMATE Dirks Road - East Kennedy Consulting Ltd HVJ Proposal No. DG08-17000 - BG2 September 18, 2008 (Revised March 26, 2009) TABLE I - GEOTECHNICAL BREAKDOWN Field Work: (four, 20-foot and three, 10-foot borings) Mob/Demob Drilling and Sampling Soil Drilling Rock TxDOT Cone/ SPT Grouting Trafc Control City Permit Field Technician (rig/traffic coordinaton, utilities, staking, etc) Vehicle Trips Laboratory Testing* Moisture Content Atterberg Limits Percent Passing No. 200 Sieve Sieve Analysis Unconfined Compressive Strength Sulfates, Chlorides, and pH CBR Consolidated Undrained Consolidation Test Engineering Report Preparation Senior Engineer, P.E. Engineer Associate Clerk/Typist Total Geotechnical Services 1 @ $500.00 LS $500.00 35 ft @ $15.00 per ft $525.00 75 ft @ $22.00 per ft $1,650,00 18 @ $20.00 each $360,00 110 @ $7.00 each $770,00 2 @ $1,500.00 per day $3,000.00 1 @ $350400 LS $350.00 28 hr @ $45.00 per hour $1,260,00 3 @ $50.00 per trip 3150kO0 Subtotal $83565.00 12 ea @ $6.00 each $72.00 12 ea @ $50.00 each $600,00 4 ea @ $35.00 each $140.00 0 ea @ $45.00 each $0.00 12 ea @ $50.00 each $600.00 1 ea @ $100.00 each $100.00 1 ea @ $450.00 each $450.00 0 ea @ $1,300.00 each $0.00 0 @ $350.00 each S0100 Subtotal $12962.00 8 hr @ $125.00 per hour $1,000.00 16 hr @ $85.00 per hour $1,360.00 2 hr @ $45.00 per hour 90.00 Subtotal $2,450.00 *The type and number of tests may vary depending on the soil conditions actually encountered. $12,977.00 EXHIBIT B-30 CITY OF FORT WORTH COST PROPOSAL FOR PLANS, SPECIFICATIONS &ESTIMATE REVISIONS KENNEDY CONSULTING, LTD. DIRKS ROAD (EAST OF SH 121) FROM SH 121 (SOUTHWEST PARKWAY) TO GRANBURY ROAD IN FORT WORTH, TEXAS For services describe in the Scope of Services, we request the compensation as detailed below. Cost breakdowns and specified rates for each type of labor for engineering services and explanation of expenses are shown on the following pages. 'LUMP SUM AMOUNT -DIRKS EAST $ 991,535.60 EXHIBIT B-3B Kennedy Consulting, Ltd. Dirks Road (East of SH 121) City of Fort Worth Summary of All Services KCI Direct Salary Cost _. -- Project Manager 371 Hrs. @ $205.00 / Hr = $76,055.00 Senior Professional 445 Hrs. @ $175.00 / Hr = $77,875.00 Professional II 560 Hrs. @ $140.00 / Hr = $78,400.00 Professional 1 590 Hrs. @ $110.00 / Hr = $64,900.00 Admin /Clerical 120 Hrs. @ $75.00 / Hr = $9,000.00 Total Hours KCI General Expenses 2086 Labor Cost Total $306,230.00 CADD Time 971 HRS @ $20.00 / HR = $19,420.00 8 1/2x11 Copies 4700 EA @ $0.15 / EA = $705.00 11x17 Copies 1700 EA @ $0.25 / EA = $425.00 22x34 Copies 2800 EA @ $6.00 / EA = $16,800.00 Final Plan Set 22x34 (Mylar) Full -Size Roll Plots 100 135 EA SF @ @ $10.00 / EA = $3.50 / SF = $1,000.00 $472.50 Mounted Exhibits 3 EA @ $250.00 / EA = $750.00 Overnight Deliveries 8 EA @ $25.00 / EA = $200.00 Mileage 1200 MI @ $0.55 / MI = $660.00 General Expense Total $40,432.50 KCI Fee Total $346,662.50 Subconsultant Expenses HDR Engineering, Inc. (Railroad Design, Bridge Design, and Structural Support) $340,042.33 Civil Associates, Inc. (DBE) (Environmental Documents) $58,188.94 ANA Consultants, LLC (DBE) (Storm Sewer Design) $66,925.00 Gorrondona &Associates, Inc. (DBE) (Topographic Surveys) $84,380.00 Caye Cook &Associates (WBE) (Landscape and Irrigation Design) $13,670.00 HVJ Associates, Inc. (MBE) (Geotechncial Services) $23,042.00 Administrative Fee (10%) on Subconsultants $58,624.83 Total Compensation $991,535.60 3/27/2009 ffl M m F m S X w v J m C 7 y C O U T v m c C Y N S O N W 0 Y �'' O LL 0 U v � L O O O O O O O O O O O O O O O O O O O O O O O O O O � N Y C y 0 0 0 0 � 0 0 � O p 0 0 0 O a � 0 00 0 0 0 0 0 �' � �� o 0 0 0 0 0 0 0 0� R ���� oo � o� o o d o 0 J .�+ O T „� O (D � O 0 0 0 0 0 0 0 0 0 `' N C O N N pp N ONi .�- O y j- r M � c0 fA EA 69 Ffl EA fA EA fA fA � nj EA Y U ��»`��»����� ����� � � •: y `, ,C 0 N �� M r� N V� O O O O O O O O O a00 V (Op � t�0 N O M ~ Vi � _ _ C � O '� O V 0 0 ap O N N O� 0 0 0 0 0 0 0 0 0 c0 O O O O O 0 0 � Q U A �. c = o y— O O V N 0 0 0 0 0 t0 O O O O O O O O O N �� O N tp O � y O O � � a A c = o c y- V V N 0 0 0 0 a0 � O O O O O O O O O N �� O N ro O � w `N., � O � "' a` A a. 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N ~ = A U) C m O O H t" m Q N O S ca W w W O C � � U c t O � EXHBIT B-3B DIRK'S ROAD EAST - LANDSCAPE & IRRIGATION CAYE COOK & ASSOCIATES Sr La Arch ($120/hr) Engineering Services Hours Site visit for inventory Team meeting Key Plan coordinate with city regrarding landscape ord. Prepare 60% planting plan - 3 sheets Prepare 60% irrigation plan - main line Prepare 60% cost estimate Prepare 90% planting plan - 3 sheets Prepare 90% irrigation plan Prepare 90% cost estimate Prepare planting details & plant list Prepare quantity list Prepare irrigaiton details & coord. With city Prepare presentation graphics Respond to comments Revise plans per comments Review plans with City (meeting) Revise plans per comments, changes Coordinate with City for meter, electrial Follow up meeting Coordinate It. Poles, utilities with tree locations Revise cost estimate Prepare specifications Issue 100% submittal Revise plans per comments Issue plans for bid (final) Addenda Hours: SUBTOTAL GRAND TOTAL Construction Phase Services Review submittals Site visits for irrigation installation (2) Site visits for planting installation (2) Final punch list Hours: SUBTOTAL GRAND TOTAL CONTRACT TOTAL FOR DIRKS RD EAST IrrigatI Des ($80/hr) Hours 1 1 6 0.5 1 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 1.5 0.5 1 0.5 0.5 $1,380.00 $10, 300.00 0.5 1 2 1 0.5 0.5 0.5 1 0.5 1 $2,080.00 Land Arch ($80/hr) Hours 3 3 2 0.5 10 1 2 6 1 1 6 2 8 1 3 4 3 0.5 3 1 1 1 2 1 2 m $5,440.00 Reimb. Expenses $50.00 $50.00 $120.00 $120.00 $300.00 $50.00 $50.00 $20.00 $150.00 $250000 0,00 $1,400,00 0.5 1 2 $30.00 1 9 1 $100.00 1 9 $100,00 1.5 5 5 $100,00 4 $480.00 $3,370.00 13 670.00 15 $1,200.00 17 $1,360.00 $330.00 Page 1 of 1 GEOTECHNICAL ESTIMATE Dirks Road" East Kennedy Consulting Ltd HVJ Proposal No. DGO8-17000 - BGl September 18, 2008 (Revised March 26, 2009) TABLE I - GEOTECHNICAL BREAKDOWN Field Work: (two, 45-foot; two, 30-foot and hvo, 10-foot borings) Mob/Demob 1 @ $500.00 LS $500,00 Drilling and Sampling Soil 30 ft @ $15.00 per ft $450,00 Drilling Rock 140 ft @ $22.00 per ft $3,080.00 T%DOT Cone/ SPT 30 @ $20.00 each $600,00 Grouting 170 @ $7.00 each $1,190.00 Trafic Control 4 @ $1,500.00 per day $6,000.00 FWWR Permit & Right of Entry Coordination 1 @ $2,000,00 LS $23000,00 City Permit 1 @ $350,00 LS $350,00 Field Technician (rig/traffic coordinaton, utilities, staking, etc) 50 hr @ $45.00 per hour $2,250,00 Vehicle Trips 5 @ $50.00 per trip $250.00 Subtotal $16,670600 Laboratory Testing* Moisture Content 12 ea @ $6.00 each $72.00 Ntterberg Limits 12 ea @ $50.00 each $600,00 Percent Passing No, 200 Sieve 12 ea @ $35.00 each $420.00 Sieve Analysis 0 ea @ $45.00 each $0.00 Unconfined Compressive Strength 12 ea @ $50.00 each $600,00 Sulfates, Chlorides, and pH 1 ea @ $100.00 each $100,00 CBR 1 ea @ $450.00 each $450,00 Consolidated Undrained 0 ea @ $1,300.00 each $0.00 Consolidation Test 0 @ $350.00 each 0.00 Subtotal $2,242.00 Engineering Report Preparation Senior Engineer, P.E. 16 hr @ $125.00 pex hour $Z,000.00 Engineer associate 24 hr @ $85.00 per hour $23040,00 Clerk/Typist 2 hr @ $45.00 per hour 90.00 Subtotal $4,130.00 Total Geotechnical Services $23,042.00 *The type and number of tests may vary depending on the soil conditions actually encountered. ATTACHMENT is if CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A Design Services for Dirks Road (East and West) City Project No. 00107 Standard Agreement Revisions: Article VI —General Legal Provis' removing "and defend" from this Attachment "A" Revisions: ph F (1) —Indemnification; suggest General, Paragraph 9 —Utility Coordination; fix spelling in first sentence from "proposed utility liens" to "proposed utility lines". a a E Oi o LLI j o W U 0 0� N® U M �' LLUw a)oa cooa. �~z w L \ Q U �O a` a a E ai 9 N O U N a`>> L" U a y 0 (0 a E 0 a, f CC�si _ _— - - - o - -- - - - -- A � O_ O e O� O_ O O O O_ a :� C � ` A� ^ N o^ m c e c c m • o a o: e •= m is Ic FE ID a ul uCi 'o c c c c c c e a 'e • m v v ac o f �_-0 a O OV V r9 C :9 V S 9 9 V V:O V -:O O O a b O O h N ^ : • : LM Q ulW m 9 X _ LL - LL • '� m v $ a O S w -0 a -• .. m N N v O 'o '� 9 `. c in 9 e n €° a in Z e E a' a' n n o 4 o ° J- n • m o E_• n m a o 'c L' e E LL 4 0 �mW ? an m m = O Z •O N V m .a • n a :N E _ •a A � in a` 'u. rc _ '.a o 3 :� a a � f � iL .a` N a a` $z$- ^ $ ^ ri ^ ^ iN �O N � N N ry fm9 � �f� n. a z o E EN E m O i � o m p N 0 d 0 0 � C y a 5 o a r: E m i m m (� = N a c6 CL F U A a Q d C C a o m m m r m m m c_n�pp p U U (a�`pp V Y U U U F�- M Y- H N1O' o ti N a -- -- m O G� wi ml jil i Nio; 151 CL m: >1 : O Z Y N m O a c a __..... _ _ --._ --- ---- -- - w m m ro E a; a` o �, o W .O C)_Om` O 010 iias ui oa a 1— �I0 ro! d Z a No` g E E c1—Z 4 ayi E E " N W - — - -- -- — - — --- -- o o a «o 0 0>> N c�va o `a a aroo to,.� . a TOP a:Roo roo a s-� s a a a a �c c m m loo'.a v as 'm o m e a 9 9 m 9 3 Q Rp, Roo, IM Roo TM 'v n n n LL LL + o .00,$T000 ''o m o o po o c TM � � 4r, - m = o'or `a o"oa a a a_ a a a a a a Roo H ry a nCL Tooa a m 3 3 a 3 3 E p;,:." 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Ammo g 000Np ! to Fm m m N a $ N U Y E d a c _ N W a owe I'm 'c 2 Roo m akor low m 5 C rn rn s c w Ti 'a E N U 'a E s a o a s e ° u o m e :o a 3 ERoo low am ' m K i0 o a 0 9a a a r m ; r m 0 2$ Ci = a m U m b o a W a` U a`3 a':sn.= n o 'e o co32 w ) o III tq E06 € U Yf N Z g N Room,CD Lryry -�--- tp tm :b �� N0 tm m m h 'n !N �n •n IN tm In :^ a E of oW N J o W �S U CL) 'o F ccqaw M —� LL w n. �a� �F�z a mLu Y Q U Q a� a a CL o a o a o a h Ln Ln ACo $ La o�c tm . o a ii'o v'i 3 '.© �3 a 3 '��v v C$ a 'a ia A A n N a A a A A n O1 c 'c �ICL c "C FLLL LL LL IL LL LL LL LL -L tL .F 'G 'C LL LL U N a � o 'm E OE mp' L a S. 15 n a a o o$ >o u oaf 3m a m > Q c o se as m . 2 " F �, c a o c E a m g .� t y V (n C m c qq > > m m¢ m m o r+ �' u m o2 12 02 u'f _ a V � c V �2 O� A :e °' "v e' V o m� t7 8 $ ° i m LL:U ,w U 9 m m V^ V m o o ,o o o d d uai a Y U U {m r City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 16, 2009 LOG NAME: 02DIRKSROAD REFERENCE NO.: C-23596 SUBJECT: Authorize the Execution of an Engineering Services Agreement with Kennedy Consulting, Ltd., in the Amount of $1,465,379.00 for the Design of Dirks Road from Bryant Irvin Road to Granbury Road RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Services Agreement with Kennedy Consulting, Ltd., in the amount of $1,465,379.00 for the design of Dirks Road from Bryant Irvin Road to Granbury Road. DISCUSSION: On March 6, 2007, (M&C G-15621}the City Council authorized the sale of $42,325,000.00 Certificates of Obligations for the purpose of funding part of the Critical Capital Needs Program. That amount included $7,500,000.00 for the design and construction of Dirks Road from Bryant Irvin Road to Granbury Road. Kennedy Consulting, Ltd., (KCI) is currently under contract with North Texas Tollway Authority (NTTA) for the design of the Southwest Parkway from Interstate Highway 20 to Dirks Road. The City executed a separate Interlocal Agreement (ILA) (M&C C-20408) with the NTTA to have the Dirks Road project from Bryant Irvin Road to the Southwest Parkway designed concurrent with the Southwest Parkway by KCI, in an effort to ensure those designs were well coordinated. Plans prepared by KCI originally included Dirks Road from Bryant Irvin Road to the Southwest Parkway. Due to concerns raised from citizens along Dirks Road, the original alignment of the roadway will be adjusted slightly to the south under this scope of services. The portion of Dirks Road between the Southwest Parkway and Granbury Road will also be reconstructed. In May 2007, the Transportation and Public Works Department performed a Value Engineering Study with Fort Worth and Western Railroad (FWWR), The Fort Worth Transportation Authority, KCI and City staff to determine a safe and cost effective crossing between Dirks Road and the FWWR rail line. The solution was to raise the FWWR bridge approximately four feet and rebuild the rail lines which would also eliminate the existing low water crossing on Dirks Road. The scope of this Engineering Services Agreement includes paving and storm drainage improvements to construct Dirks Road as a six lane divided principal arterial roadway from Bryant Irvin Road to Granbury Road. Environmental analysis, landscape and geotechnical design, railroad design and coordination and surveying are also included in the scope of this Engineering Services Agreement. The following improvements will be included with this project: . Construction of Dirks Road from Bryant Irvin Road to eastern limit of the Southwest Parkway; and from western limit of the Southwest Parkway to Granbury Road; . Construction of FWWR bridge and approximately 6,300 linear feet of rail line; and . Installation of new traffic signals at Bryant Irvin Road and Harris Parkway. Logname: 02DIRKSROAD Page 1 of 2 Kennedy Consulting, Ltd., proposes to perform these professional services for a lump sum fee of $1,46'5,379.G0. City staff considers this fee to be fair and reasonable for the -scope of services to be performed. Kennedy Consulting, Ltd., is in compliance with the City's M/V1/BE Ordinance by committing to 25 percent M/WBE participation. The City's goal on the project is 23 percent. This project is located in COUNCIL DISTRICT 3, Mapsco 102B, 102C and 102D. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the 2007 Critical Capital Projects Fund. FUND CENTERS: TO Fund/AccountlCenters CERTIFICATIONS: Submitted for Cit�l Manager's Office by: Originating D�artment Head: Additional Information Contact: ATTACHMENTS 1. 02DIRKSRD MWBE.PDF (CFW Internal) 2. 20DIRKSRD.pdf (Public) 3. Accounting Info.pdf (CFW Internal) 4. BFT 5304 & 5305.pdf (CFW Internal) 5. PMP 00768 5-13-09.pdf (CFW Internal) FROM Fund/Account/Centers C295 531200 203230076830 Fernando Costa (6122) Randle Harwood (6101) Bryan Beck (7909) $1 465,379.00 Logname: 02DIRKSROAD Page 2 of 2