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HomeMy WebLinkAboutContract 41813 (2)CITY SECRETARY CONTRACT NO, `at 1 8 I as_ CITY F FORT WORTH, inaAS STANDARD AGRkERIJIMT FOR ENGlik :RING RELATED DESIGN SERVICES This AGREI_LENT is between the City of Fort Worth, a home -rule "CITY"), al corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the CITY" , and Kimley-Horn and Assoicates, Inc., (the "FNGINEI-R"), for a PROJECT generally described g Y as: West Seventh Street Bridge Water and Sanitary Sewer Improvements on Fournier Street from River Drive to West Seventh. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEI=R's compensation is set forth in Attachment B. Article ill Terms of Payment Payments to the FNGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 day s' written notice to CITY, suspend services under this AGREEMENT until City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 1 of 15 r._ OFFICIAL RECORD @ITY.SECR1TARY �� 11; WORTH, TX paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 2 of 15 D Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 3 of 15 (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, 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 accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 4 of 15 misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella if any This insurance shall apply as primary insurance with respect to any other City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9422.2010 Page 5 of 15 insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto', including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability a claims -made policy, with a minimum of $11000,000.00 per claim and aggregate The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 6 of 15 (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. g. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall City of Fort Worth, Texas Standard Agreement for Engineer'ng Related Design Services PMO Official Release Date: 9.22.2010 Page 7 of 15 state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the City of Fort Worth, Texas Standard Agreement for Engineering Rela ed Design Services PMO Official Release Date: 9.22.2010 Page 8 of 15 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. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITYs facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities' and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 9 of 15 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV E regarding the ENGINEER's Personnel at Construction Site and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER " (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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 10 of 15 (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bung a claim against ENGINEER I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 11 of 15 service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER s performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECTs schedule, commitment and cost of the ENGINEERs personnel and subcontractors, and ENGINEER's compensation will be made. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 12 of 15 F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. Interpretation Limitations on liability and indemnities in this AGREEMENT are business u nderstandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid illegal, or unenforceable in any respect such invalidity, illegality, o r unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had n ever been contained herein. Articles V F. VI B , VI D , VI.F., VI.H., and VIA. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 13 of 15 considered ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 14 of 15 AU`tllcUe VIU 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 AGRI EMI N T : Attachment A - Scopo of Services Attachment B -- Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D e Project Schedule Attachment E - Location Map Executed this the at•444 day of two./ , 2011 ,ITT I- ST: Marty Hendrix City Secretary CITY OF FORT ORTH B ernand•t os a 41, ffs Assistant City Manager APPROVED AS TO FORM AND LEGALITY APPROVAL RECOMMENDED By: ant City Attorney �z,�� a eab,99:ta fon? L4z20 oop�o.E Cvft.fadt Au or ti E;wm Date #otoQuD a,►o Q Kimley-Horn and Associates, Inc. • By• t�- ("Antf() S. Frank Crumb, P.E. Director, Water Department d sal pi .41-L4 no °000000- Glenn Gary, P.E. 1,5 tree Senior Vice President City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 15 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT "A" Scope for Engineering Design Related Services for Water and Sanitary Sewer Relocations for the West 7th Street Bridge Improvements The scope set forth here'n defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of this project is to relocate the City's water and sanitary sewer facilities that are in conflict with the West 7th Street bridge improvements. These relocations were identified as part of the coordination with the Texas Department of Transportation (TxDOT) for the bridge improvements. Approximately 850 linear feet of water improvements and 200 linear feet of sanitary sewer improvements are planned, as summarized in the table below: Water Relocations Street Alignment Trinity Park Drive Fournier From W. 7th Street Wm 7th Street To Trinity Park Drive 10th Street Length Size (LF) (in) 475 6" 375 24" Survey (LF) 500 400 Total Length of Water Relocations S anitary Sewer Relocations S treet Alignment Trinity Trail System 850 900 Length Size Survey From To (LF) (in) (LF) South of W. 7th Street North of W. 7th Street 200 54" 0* Total Length of Sanitary Sewer Relocations 200 0 Total Length of Relocations 1,050 900 *Engineer will use survey provided by TxDOT and subsurface utility engineering performed in a separate project. Task 1. Task 2. Task 3. Task 4. Task 5. Task 6. Task 7. Task 8. WORK TO BE PERFORMED Design Management P reliminary Design Final Design Bid Phase Services Construction Phase Services ROW/Easement Services S urvey Services P ermitting ATTACHMENT 'A' TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/08/2009) PAGE 1 OF 18 Task - 1 DESIGN MANAGEMENT 1.1. Monthly Progress Meetings: Conduct and document Six (6) monthly project update meetings with CITY Project Manager. 1.2. Baseline Schedule: Prepare and submit baseline project schedule as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. The design schedule will not be cost loaded with the consultant's fees. 1.3. Monthly Schedule Update: Prepare Six (6) monthly project schedule status updates with a schedule narrative. 1.4. M/WBE Reporting: Complete Six (6) Monthly M/WBE Report Form and One (1) Final Summary Payment Report Form at the end of the project. Submit M/WBE Change form as necessary for any changes in M/WBE Status. 1.5. Deliverables: A. Meeting Notes for Kickoff Meeting B. Monthly invoices C. Baseline project schedule D. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes E Monthly M/WBE Report Form, Change Form, and Final Summary Payment Report Form Task - 2 PRELIMINARY DESIGN (60 PERCENT) - Complete Preliminary Design based on information developed or obtained by completing Conceptual Design (under separate project) and Task 7 Surveying Services. 2.1. Subsurface Utility Engineering: A. Provide Subsurface Utility Engineering (SUE) to Quality Level D, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. B. Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc) to help identify utility owners that may have facilities within the project limits or that may be affected by the project. C. Collect applicable records (e.g , utility owner base maps, "as built' or record drawings permit records, field notes, geographic information system data, oral histories, etc) on the existence and approximate location of existing involved utilities. D. Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 2 OF 18 2.2. Preliminary Design Drawings: Preliminary Design Drawings will include the following Sheets: A. Cover Sheet B. Control Points and Benchmarks in accordance with Task 7 Survey Services: (1 Sheet) C. Overall Location Map of Permanent and Temporary Easements: (2 Sheets) Identify each easement and the corresponding property owner information D. Overall water and sanitary sewer abandonment sheet(s) (2 Sheets) E Overall Project Water and Sanitary Sewer Layout Sheets (2 Sheets) The water layout sheet shall use the CITY's GIS map as a base, and shall identify: 1. Proposed water main improvement 2. Existing water mains in the vicinity 3. Proposed sewer main improvement 4. Existing sewer mains 5. Valves 6. Fire hydrants and fire lines 7. Pressure plane boundaries 8. Water tanks 9. Pump stations 10 Water meters 4" and larger 11 Manholes F. Plan and Profile Sheet General Layouts Each plan and profile sheet shall contain: 1. Existing conditions as outlined in the Task 7 2. City standard border 3. City water and sewer project number 4. North arrow 5. Graphic scale 6 Engineers Preliminary Seal 7. No less than two bench marks per plan/profile sheet 8. Sheet general notes and sheet notes G Preliminary Water Plan and Profile Sheets: (4 Sheets) Water lines shall be designed in accordance with the City of Fort Worth Design Standards for water lines and in accordance with TCEQ requirements as depicted in Chapter 290 of the TAC. Plan and Profile Sheets shall include proposed 1. Water lines: plan view only (water lines 8 inches and smaller) 2. Water lines: plan and profile (water lines 12 inches and larger) 3 Water line sizes 4. Water line grades for 12-inch and larger 5 Fire hydrants 6. Water service lines and meter boxes 7. Valves and valve vaults 8 Air release valves, vaults, and vents 9 Blow -off valves and blow -off valve manholes 10. Sample stations 11. Water services and size ATTACHMENT SA° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 3 OF 18 12. 13. 14. 15. 16. 17. 18. 19. 20. Make provisions to reconnect all water service lines which connect directly to any main being replaced Locations where water services will require relocation across private property due to the location of the proposed water main relative to the existing water main The number and location of water services where location is significant and will require a detail as part of the Task 3 Final Design. Temporary water service locations Fire lines By other than open cut limits and size Connection to existing Water lines Identify connection to existing main that will require project specific details to be completed in final design Proposed limits of the utility trench and pavement removal and replacement H. Preliminary Sanitary Sewer Plan and Profile Sheets: (1 Sheets) Sanitary Sewer lines shall be designed in accordance with the City of Fort Worth Design Standards for sanitary sewer lines, and in accordance with TCEQ requirements as depicted in Chapter 217 of the TAC. Plan and Profile Sheets shall include proposed: 1. Sanitary sewer lines: plan and profile 2. Manholes and junction structures 3. Sanitary sewer line sizes 4. Sanitary sewer line grades 5. Sanitary sewer service lines and sizes a.) Make provisions to reconnect all wastewater services lines which connect directly to any main being replaced b.) Identify locations where wastewater services will require relocation across private property due to the location of the proposed wastewater main relative to the existing wastewater main c.) Identify the number and location of services where horizontal and vertical information of the existing service line is sufficient to provide a detail as part of the Task 3 Final Design. d.) Identify the number and location of services where horizontal and vertical information of the existing service line is not sufficient and the detail shall be provided as part Task 5 Construction Phase Services 6. Connections to existing sanitary sewer lines 7 Identify structures that will require special details in final design 8 By-pass pumping locations 9 By other than open cut limits and size 10 Proposed limits of the utility trench and pavement removal and replacement ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 4 OF 18 2.3. Stakeholder Meetings: Conduct stakeholder meetings during preliminary design when design of the proposed improvements directly affects the property owner's operations. A. Conduct Stakeholder Meetings (1 Meeting) with City of Fort Worth Parks Department to review preliminary design with regard to providing current/future water services. B. Conduct Stakeholder Meeting with TxDOT (2 Meetings) to review preliminary design with regard to the bridge relocation plans C. Conduct Stakeholder Meeting with Tarrant Regional Water District (TRWD) (1 Meeting) to review preliminary design with regard to the bridge relocation plans. 2.4. Geotechnical Investigations - Perform a geotechnical analysis of the boring site utilizing a qualified geotechnical laboratory to determine subsurface conditions. Provide recommendations regarding foundation design parameters. The geotechnical analysis will include the following: A. Subsurface exploration: 1. Four (4) sample bores up to 30-ft deep B. Laboratory tests for classification purposes and strength characteristics. 1. Moisture content and soil identification 2. Percent passing #200 sieve 3. Liquid and plastic limit determinations 4. Unconfined compression tests on soil 5. Unconfined compression tests on rock 6. Unit weight determinations 7. Absorption pressure and/or one -point pressure swell tests C. The geotechnical report will present the results of the field and laboratory data as well as analyses and recommendations. The data contained in the geotechnical report will be made available to contractors during the bidding process for information purposes The report will address: 1 General soil and ground water conditions 2. Comments on general soil and excavation of rock 3. Minimum penetration of piers to resist uplift 4. Foundation construction requirements 5 Earthwork and trench recommendations 2.5. Constructability Review and Site Visit: A. Prior to the preliminary design review meeting with the CITY, schedule and attend a project site visit with the CITY Project Manager and Construction personnel to visit the project site Prepare meeting notes capturing the CITY's comments from the site visit. 2.6. Utility Clearance: A. Coordinate with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities and ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 5 OF 18 government agencies to determine the approximate location of above and underground utilities, and other facilities that have an impact or influence on the project. Design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. B. Upload one (1) set of the approved preliminary construction plans to Buzzsaw for the CITY's Utility Coordinator to forward to all utility companies which have facilities within the limits of the project. 2.7. Opinion of Probable Construction Cost: (OPCC) A. Prepare an opinion of probable construction cost updated to reflect preliminary design. The OPCC should separate the cost based on CITY fund account numbers: water, sewer storm water, and streets Line item cost should be based on CITY standard bid items. 2.8. Deliverables: A. One (1) full size (22" x 34") plans will be uploaded to Buzzsaw for Utility Clearance. B. Three (3) sets of full size (22" x 34") drawings and electronic PDF. Versions will be delivered for Constructability Review and Preliminary Design C. Opinions of probable construction cost including bid items and quantities using the CITY's standard bid items and format. 2.9. Preliminary Design Review Meeting: A. Conduct a review meeting with the CITY to review Preliminary Design and receive comments from the CITY. Task - 3 FINAL DESIGN (90 PERCENT PLANS) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT PLANS). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows 3.1. Preliminary Design Comments: A. Incorporate comments from Task 2 Preliminary Design from the CITY as well as Utility Clearance in the Final Design Documents 3.2. Final Design (90 Percent Plans): Construction Plans to include the sheets listed in Task 2 Plus the additional information or sheets as follows: A. Cover Sheet B. Index Sheet (unless index is included on the cover) C. General Notes: 1. CITY's General Notes as found on Buzzsaw. 2. Project Specific Notes: Add notes, as required, to meet the specific needs of the project. 3. Water line shut down and sequencing notes. ATTACHMENT "A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 6 OF 18 D. Plan and Profile Sheets: (5 Sheets) In addition to the information identified in Task 2, the following information should be added to the Plan and Profile sheet to communicate the design. 1. Stationing for proposed water and sewer lines 2. Plan View Noting of Design Features : Including: a.) Stationing of the feature b.) Name of Feature c.) X and Y NAD 83 coordinates on the plan view d.) Reference to appropriate CITY Standard Details, or Project Specific Details 3. Noting of Design Features: Profile a) Elevation in the Profile 1) Provide flow line elevations for sewer lines 2) Provide top of pipe elevations for water lines b.) Reference to Standard or Project Specific Details 4. Pavement Restoration a.) Indicate the limits of pavement removal and replacement in accordance with CITY Pavement Replacement Policy. Limits should reflect all improvements which require pavement cuts including: 1) Water and sanitary sewer lines 2) Structures. manholes, vaults and others 3) Service lines 4) Abandonment of existing utilities b.) Indicate the type of patch to be performed and reference the appropriate standard detail. 5. Backfill. Indicated the type and locations of the design trench backfill 6. Water Pipe Line Restraint: If the water line is designed to have restrained joints, calculate and indicate on the plan and profile sheets the designed sections that are to be restrained. (1 pipe type) 7. By Other than Open Cut (BOTC): (1 BOTC) Design tunnel/bore including casing/tunnel liner plate minimum thickness and inside diameter, shafts allowable methods, control of ground water, and appropriate tolerances with the chosen method.. Indicate the following on the plan and profile sheets: a.) Casing or Tunnel Line Plate Thickness b.) Jacking Shaft and Receiving Shaft Location 8. Water Services: Provided the following on the plan and profile sheets a.) Water Service Table: Include the station of the service, the action to be taken on the service, and the meter number associated with each service b.) Temporary Water Service: Indicate services which will require temporary service E Standard Details Incorporate Standard Details into the construction plans as required by the project scope F. Project Specific Details: Prepare project specific details 1. Wastewater a.) Manhole Junction Structures; (3 Structures) Provide manhole junction structure structural design and details ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 7 OF 18 G. Traffic Control Plans (TCP): 1. TCP: Prepare (5 Sheets) based on the UMTCD and the CITY's Standard details. 2. CITY Standard Details: Incorporate City Standard detail sheets in the Construction plans and required. H. Storm Water Pollution Prevention Plan (SWPPP): 1 Erosion Control Plans: (3 Sheets) Provide erosion control plans in accordance with CITY and TCEQ requirements. 2. SWPPP: Prepare a SWPPP for the project that will be provided to the contractor to revive and file the Contractors NOI, as required. 3.3. Final Design Project Manual: Prepare a project manual in accordance with the CITY's standards as found on the CITY's Buzzsaw site. Prepare the following according to the requirements of the project. A. Division 00 1. Invitation to Bid: Modify/complete the Invitation to Bidders as required by the project. 2. Instructions to Bidders: Modify/complete the Invitation to Bidders as required by the project. 3. Bid Form: Prepare the project Bid Form using the standard CITY bid items as located on the CITY's Buzzsaw site. 4. Supplementary Conditions: Modify/complete supplemental conditions for the project including insurance requirements, construction time, and liquidated damages B. Division 01: Modify/complete Division 01 requirements for inclusion in the project manual and accordance with the requirements of the project. C. Division 02-49 Modify/complete Division 02-49 requirements for inclusion in the project manual and in accordance with the requirements of the project. D. Appendix: Include the following with Project Manual Appendix. 1 Easements 2. Permits 3. Geotechnical Investigation 4. Paving Cores 3.4. Opinion of Probable Construction Cost (OPCC) A. Prepare an opinion of probable construction cost updated to reflect Final Design. The OPCC should separate the cost based on CITY fund account numbers: water, sewer, storm water, and streets Line item cost should be based on CITY standard bid items. 3.5. CITY Plan Review Submittals A. Pavement Removal and Replacement: Submit Plans to the CITY's T/PW department for review of proposed pavement removal and replacement. B. Traffic Control Plans: Submit Plans to the CITY's T/PW department for review of proposed pavement removal and replacement. ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 8 OF 18 3.6. Construction Plan Review Meetings A. Constructability Review: (1 Meeting) Conduct review meeting(s) with CITY Project manager and the CITY Inspector to receive comments. B. Water Operational Review (1 Meeting) Conduct review meeting(s) with Water Department Field Operation valve crews and with Water Production to review system shut down requirements C. Wastewater Operational Review (1 Meeting) Conduct review meeting(s) with Water Department Field Operation wastewater personnel to review impacts on the wastewater system and to review proposed by-pass pumping. 3.7. Construction Documents: Based on the various meetings and reviews revise the final design plans and project manual to produce the Final (100%) Construction Bid Set. 3.8. Deliverables: A. Two (2) Sets of Half Size (11X17) 90% Construction Plans for Pavement Review and Traffic Control Review B. Two (2) sets of full size (22' x 34") 90% Construction Plans and Project Manual. C Electronic PDF Version of 90% Constriction Plans and Project Manual will be delivered for Constructability Review. D. Opinions of probable construction cost including bid items and quantities using the CITY's standard bid items and format. E One (1) Mylar Cover Sheet for Signatures by CITY. F. Two (2) sets of full size (22" x 34") 100% Construction Plans and Project Manual for the final as -bid set. G Electronic Version of 100% Constriction Plans and Project Manual will be delivered as the As -bid set. Constriction plans will be in DXF and PDF format and the Project Manual will be in PDF format. Task - 4 BID PHASE SERVICES 4.1. Advertisement: A. The CITY will publish the Invitation to Bidders in the local paper of record. 4.2. Issuing Bid Sets: A. Make available at an agreed location sufficient copies of the bidding Documents to distribute to potential bidders. B. Upload Bidding Documents to Buzzsaw for electronic distribution. C. The ENGINEER may charge a non-refundable fee up to $60 per set of Bidding Documents. D. Issue Bidding Documents to Four (4) Plan Rooms as determined by the CITY. E Maintain a log of all plan holders. ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 9 OF 18 4.3. Request for Information: A. Receive request for information from prospective bidders and maintain a log of bidder's significant questions. B. Provide technical interpretations of the contract bid documents. C. Send written clarifications to all plan holders. 4.4. Addenda: A. Issue Addenda as necessary when clarifications require a modification to the Contract Documents. 4.5. Pre -bid Meeting: A. No Pre -bid meeting will be conducted as part of this scope of services. 4.6. Bid Opening: A. Attend Bid Opening held at the CITY. 4.7. Recommendation of Award: A. Obtain Bidder's proposals from the CITY. B. Review all bids for completeness and prepare a bid tabulation of all bidders' proposals. C Evaluate the apparent low bidder and the two subsequent low bidders. D. Verify the qualification and the acceptability of the low bidder. E Prepare a letter to the CITY with a recommendation of award. 4.8. Conformance Documents: A. Incorporate all addenda in to the construction plans and the project manual. 4.9. Contract Execution: A. Prepare eight (8) copies of the conformed Construction Documents to be executed by the CITY and the Contractor 4.10. Deliverables: A. Addenda and Clarifications B. Upload to Buzzsaw Bidding Documents (construction plans and project manuals) C. Twenty (20) sets of bidding documents (construction plans and project manuals), if Buzzsaw is not used exclusively for bidding D Eight (8) Sets of conformed bidding documents for execution E One (1) Award Letter F. Bid Tabulation G Ten (10) full size (22"x34") and Ten (10) half size (11"x17") sets of Conformed Plans and Specifications for Preconstruction Meeting ATTACHMENT "A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 10 OF 18 Task - 5 CONSTRUCTION PHASE SERVICES 5.1. Public Meeting: A. The CITY shall be responsible for establishing the location and mailing the invitation for the public meeting. B. Prepare up to two (2) exhibits for use in the public meeting. C. Gather address for mailing the invitation to the public meeting. D. Attend one (1) Public Meeting. 5.2. Construction Support Services: Provide Professional construction phase services for construction of the proposed project for the purpose of providing assistance to CITY during construction The CITY will provide construction management services and inspection for the project. This scope of services does not include construction phase services related to inspections or testing, applications for payment disagreements between the CITY and the Contractor, or determination of substantial completion and are considered Additional Services. The following services will be performed for the construction contract: A. Preconstruction Meeting: 1. Attend one (1) preconstruction conference as determined by the CITY. 2. Prepare and distribute meeting notes. B. On -site Observation 1. Provide on -site construction observation services during the construction phase. 2. Make up to Ten (10) visits at intervals as directed by CITY in order to o bserve the progress of the Work 3. Such visits and observations by ENGINEER are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on ENGINEER'S exercise of professional judgment. Based on information o btained during such visits and such observations, ENGINEER will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and ENGINEER will keep CITY informed of the general progress of the Work. The purpose of ENGINEER'S site visits will be to enable ENGINEER to better carry out the duties and responsibilities specifically assigned in this Agreement to ENGINEER, and to provide CITY a greater degree of confidence that the completed Work will conform in general to the Contract Documents ENGINEER shall not, during such visits or as a result of such o bservations of Contractors work in progress supervise, direct or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, equipment choice and u sage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 11 OF 18 applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. C. Progress Meetings: Attend bi-weekly (2 per month for a period of 10 months) progress meetings and visit the site for observation at that time. D. Shop drawing, samples and other submittals Review: 1. Review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. 2. Such review, approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs and shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. 3. Log all shop drawings, samples and other submittals. E Substitutions: 1 Evaluate and determine the acceptability of up to three (3) substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of the state or the CITY. F. Request for information (RFI): 1. Provide necessary interpretations and clarifications of contract documents, and make recommendations as to the acceptability of the work. ENGINEER will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to CITY as appropriate to the orderly completion of Contractor s work. Any orders authorizing variations from the Contract Documents will be made by CITY. G Change Orders: (NOT USED) 1. Review Change Orders and provide recommendations to the CITY for the execution of change orders H. Final Project Walk Through: 1. Attend the ' Final' project walk through and assist with preparation of final punch list. Attend One (1) final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents 2 ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work ENGINEER shall not have the authority or responsibility to stop the work of any Contractor ATTACHMENT `A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 12 OF 18 5.3. Record Drawings A. The CITY will prepare Record Drawings for this project. B. Mylar Submittals - Prior to award of the construction contract, the ENGINEER will submit a final set of mylar drawings for record storage as follows: 1. Water and sanitary sewer plans will be submitted as one set of plans. Water and sanitary sewer plans will be separate from paving and drainage plans. Sheets will be standard size (22" x 34") with project numbers (Water/Sanitary Sewer and TPW) prominently displayed. 2. For projects where paving/grading/drainage improvements occur on a Water Department funded project with no T&PW funding involved, a separate set of mylars with cover sheet will be submitted for TPW. 3. Signed plan sets will also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file. There will be one (1) PDF file for the Water plan set and a separate PDF file for the TPW plan set Each PDF file will contain associated sheets of the particular plan set. Singular PDF files for each sheet of a plan set will not be accepted. PDF files will conform to naming conventions as follows: a.) Water and Sewer file name example — "X-35667_org36.pdf' where "X- 35667" is the assigned file number obtained from the City of Fort Worth, "_org' designating the file is of an original plan set, "36" will be the total number of sheets in this file 1) Example: X-12755_orgl8.pdf b.) TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the City of Fort Worth "_org' designating the file is of an original plan set, "47" will be the total number of sheets in this file 1) Example: W-0053_org3.pdf and K-0320_org5.pdf c.) Both PDF files will be submitted on one (1) Compact Disk, wh"ch will become property of and remain with the City of Fort Worth. Floppy disks, zip disks, e-mail flash media will not be accepted. 4. For information on the proper manner to submit PDF files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392 8426 File numbers will not be issued to a project unless the City Project number and proper fund codes have been assigned and are in the Department of Transportation and Public Works database. 5.4. Deliverables: A. Two (2) Public meeting exhibits. B. Twenty (20) Progress meeting agendas and notes. C. Response to contractor's request for information. D. Review of changc ordcrs. E Review of shop drawings. F. One (1) Set of Mylar for record storage. ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 13 OF 18 Task - 6 ROW/EASEMENT SERVICES 6 1 Easements/Rights-of-way Instrument Preparation A. The ENGINEER will survey and prepare legal descriptions and easement/right-of- way instruments on the parcels to be acquired. Legal descriptions will be prepared in accordance with the CITY's requirements for up to two (2) parcels. The ENGINEER will provide these legal documents to the CITY or for use in the appraisal, negotiation, closing, and filing of record phase of the acquisitions. 6.2. Deliverables A. Two (2) easement/right-of-way instruments and one (1) temporary construction easements. Task -7 SURVEY - Provide Professional Land Surveying Serves as Follows: 7.1. Design Survey Surveying service shall be performed by Registered Professional Land Survey Licensed in the State of Texas. Surveying shall included: A. Survey shall be within the right-of-way only. B. Property Research: 1. Research property owners and obtain copies of subdivision plats, ownership deeds, and easements. C. Temporary Right of Entry 1. Prepare Temporary Right of Entry in conformance with the checklist and the template available on The CITY's Buzzsaw site. 2. Prior to entering private property for survey, prepare; mail; and obtain Temporary Right of Entry from landowners. 3. Notify the City of any land owners that refuse to grant temporary right of entry 4. Maintain copies of all executed Temporary Right of Entry letters on the CITY's Buzzsaw site. D. Control: Provide project control including: 1 Establish horizontal control based on NAD 83 and vertical control based on the CITY vertical control Monuments 2. Set temporary bench marks located so they will not be destroyed during design or construction. E Perform topographic survey (900 LF) to collect horizontal and vertical elevations and other information needed to design and prepare plans for the project including existing sizes, dimensions, invert and rim elevations, and frame and cover size for the following: 1. Right -of -Way a.) Property corners and establish ROW and Property lines b.) Existing easements ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 14 OF 18 2. Paving a.) Back and top of curb b.) Curb gutter c.) Edge of curb d.) Edge of pavement e.) Pavement transitions: brick, asphalt and concrete f.) Concrete valley gutters g.) Concrete pavement joints h.) Sidewalk i.) Driveways j.) Barrier free ramps 3. Traffic a.) Traffic signal pole b.) Traffic signal mast arms c) Signal controllers and foundations d) Signal pull boxes e) Signs f.) Illumination poles and pull boxes 4. Storm Water a.) Inlets b.) Junction structures c.) Culverts d.) Headwalls e.) Swales f) Channels g) Rip -rap 5. Franchise Utilities a) Electric 1) Power poles and guy wires 2) Underground electric 3) Manholes 4) Transformers 5) Switches b.) Gas 1) Buried gas mains and services 2) Manholes 3) Above ground structures 4) Meters within ROW or easements 5) Gas line marker signs c.) Telephone and Cable 1) Buried cable lines 2) Buried fiber lines 3) Risers 4) Manholes 5) Pull boxes ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 15 OF 18 6. Water a.) Pipe lines b.) Valves and valve vaults c.) Service lines d.) Meters and meter boxes and vaults e.) Air release valves, vents, and vaults f) Blow -off valves and vault g.) Fire lines h) Sampling stations 7. Sanitary Sewer a.) Pipe lines b.) Manholes c.) Cleanouts d.) Service lines 8. Trees a.) Caliper Trees larger than 4inches in diameter b.) Canopy c.) Species: Identified by a qualified arborist 7.2. Subsurface Utility Engineering (SUE)• A. The SUE shall be performed in accordance with Cl/ASCE 38-02. B. Four different levels of SUE are identified. The following is a description of each level of SUE used on this project. 1. Level D — Collect level D as part of Task 2 of this scope of services. 2. Level C a.) Field locate and obtain horizontal position of visible utility surface features for all of the utility systems described within Level D. 3. Level B a.) Indicate by marking with paint, the presence and approximate horizontal location of subsurface utilities using geophysical prospecting techniques, including electromagnetic, sonic, and acoustical techniques b.) Approximately 300 feet of direct buried water line is identified for Level B location. 4. Level A a.) Location (Test Hole) Services: Locating the horizontal and vertical position of the utility by excavating a test hole using vacuum excavation techniques and equipment. In performing locating (test hole) services ENGINEER will 1) Excavate Two (2) test holes to expose the utility to be measured in such a manner that insures the safety of the excavation and the integrity of the utility to be measured Excavations will be ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 16 OF 18 performed using specially developed vacuum excavation equipment that is non-destructive to existing facilities. If contaminated soils are discovered during the excavation process, the ENGINEER will notify the CITY. 2) Obtain X, Y and Z information at each test hole. 7.3. Survey Drawings - Prepare AutoCAD Drawings for the following containing the information gathered in 7.1 and 7.2 A. Project Control Sheet, showing Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: 1. The following information about each Control Point a.) Identified existing CITY Monument, 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 (e.g. "X' 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) B. Existing Conditions Drawing 1. Prepare an AutoCAD Drawing at a scale of not less than 1:400 containing the Survey information obtained above in 7.1 and 7.2 7.4. Deliverables A. One (1) copy of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. Task -8 PERMITTING 8.1. TXDOT (Not Used) 8.2. Union Pacific Rail Road (UPRR) or Burlington Northern Santa Fe Rail Road (BNSF) (Not Used) 8.3. Fort Worth and Western Rail Road (FWWR) (Not Used) 8.4. USCOE Nationwide 12 (Not Used) 8.5. USCOE 404 (Not Used) 8.6. USCOE 408 (Not Used) ATTACHMENT °A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 17 OF 18 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services: CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed These additional services include the following: A. Services related to City of Fort Worth Park Conversion. B. Preparation of Permitting Documents and Coordination for Permits. C. Negotiation of easements or property acquisition. D. Services related to development of the CITY's project financing and/or budget. E Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. F. Construction management and inspection services G. Performance of materials testing or specialty testing services. H. Services necessary due to the default of the Contractor. I. Services related to damages caused by fire, flood, earthquake or other acts of God. J. Services related to warranty claims, enforcement and inspection after final completion. K. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY L. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 9/03/2009) PAGE 18 OF 18 ATTACHMENT "B" Compensation Professional Engineering Services For all professional engineering services included in ATTACHMENT "A' , Section I, Basic Services of the General Scope of Services, the CITY agrees to pay the ENGINEER on a cost plus maximum basis. The total amount of the contract will not be exceeded without a modification to this agreement; however, any task may be exceeded as long as the PROJECT total is not exceeded. Recommend budgets are as follows: • • • • • • • Task 1 — Design Management Task 2 — Preliminary Design Task 3 — Final Design Task 4 — Bid Phase Services Task 5 — Construction Phase Services Task 6 — ROW/Easement Services Task 7 — Survey Services Task 9 — Permitting Total compensation to be paid to the ENGINEER will not exceed 8,700 27,600 58,550 4,900 17,400 4,100 10,100 0 $ 131,350 II. Basis for Compensation The CITY will compensate the ENGINEER for the various items listed above on a reimbursable basis, where the total contract amount may not be exceeded without an amendment, task budget may be exceeded. Labor fee will be billed at 3.50 times the salary cost. Direct reimbursable expenses such as express delivery services, fees, air travel, subconsultant expenses, printing, and other direct expenses will be billed at 1.10 times cost. Other expenses such as in-house duplicating, local mileage telephone calls, facsimiles, postage, word processing and technical use of computers shall be included as part of the labor rate multiplier. Administrative time related to the project may be billed hourly. All permitting application, and similar project fees that are not identified specifically in the scope of services shall be paid directly by the Client. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred Payment will be due within 25 days of your receipt of the invoice PAGE 1 OF 5 EXHIBIT "B-1" M/WBE Summary Water and Sanitary Sewer Relocations for the West 7`h Street Bridge Improvements Task Description Fee M/WBE (%) Task 1 — Design Management Task 2 — Preliminary Design Task 3 — Final Design Task 4 — Bid Phase Services Task 5 — Construction Phase Services Task 6 - ROW/Easement Services Task 8 - Survey Services Task 9 - Permitting Total Project M/WBE Subconsultant Services $8,700 $27,600 $58,550 $4,900 $17,400 $4,100 $10,100 $0 $131,350 $0 $8,000 $18,300 $0 $0 $2,800 $8,200 $0 $37,300 (28.4%) Fee Gorrondona and Associates, Inc. Addula Consulting Engineers Charles Gojer & Associates, Inc. PIC Printing, LLC Total Non-M/WBE Subconsultant Survey/SUE Geotechnical Investigation Structural Design Printing/Reproduction Services $11,000 $8,000 $15,000 $3,300 $37,300 Fee Cardinal Stratigies Total $1,500 $1,500 This attachment is provided for informational purposes only to show the projected plan to meet the M/WBE goal of 20%. The actual dollars paid by the ENGINEER to M/WBE subconsultants may vary for each task as well as for each subconsultant. The subconsultants listed are those intended for use on this project, but the actual subconsultants used may vary. PAGE 2 of 5 Kimley-Horn and Associates, Inc. Project Workplan Budget General Project Information Client: Project: KHA No. PM: City of Fort Worth W 7th St Bridge Utility Rel©c. TBD Aaron Rader Task Budget Summary No. 100 200 300 400 500 600 700 800 Task Name Design Management P reliminary Design Final Design Bid Phase Services Construction Phase Svcs ROW -Easement Svcs S urvey and SUE Permitting Hours 89 171 343 43 158 10 11 Fee Information 777 Contingency TOTALS: Subconsultant Summary Task No. 710 720 730 740 750 Task Name 825 Fee Type: Expense Mult: Computer Mult: Allocation: Labor 8,700 18,200 33,800 4,300 16,000 1,000 1,100 83,100 S urvey and SUE and Easements - Gorrondona Geotech - CMJ S tructural - Gojer SWPPP - Cardinal Reproducton - PCI Printing Pro'ect Bud• et Summary Effort Totals: Labor: Expense: TOTAL: $ S S 83,100 48,250 131,350 CP 1.10 0.00 0.0% Task 700 Expense 600 2,200 600 1,400 4,800 Cost Budget Summary Date: ' Fix MuIt. Schedule: Task 888 Allocation May 3, 2011 3.5 S ubtotal $ 8,700 18.800 $ 36,000 $ 4,900 $ 17,400 $ 1,000 1.100 11,000 8,000 15,000 1,500 4.000 Multiplier 1.10 1.10 1.10 1.10 1.10 TOTALS:I $ 39,500 Multipliers: Fixed Multiplier: Overall Multiplier: 3.50 3.52 87,900 S ubtotal $ 12,100 43,450 1 Page 2 of 11 Kimley-Worn and Associates, Inc. Project Workplan Budget General Project Information Client: City of Fort Worth Project: W 7th St Bridge Utility Reloc. KHA No: TBD PM: Aaron Rader Task Effort Summary Labor: Expense: Allocation: $ 8,700 CI TOTAL: $ 8,700 Date: May 3, 2011 Task Information Number: Name: Design Management Task Mgr: 100 BSG JlJ SUM CIVIL Subiil Comp Personnel: CTD KKR N5 B3 N4 (Hrs) (Hrs) Exp ($) Task Descriptions: P6 P4 P2 6 6 18 10 1.1 12 -Monthly Baseline Frog Schedule Mlgs (6) 6 6 4 1.3 1.4 - - Monthly M/WBE Schedule Reporting Update (6 Reports) (6) 1 3 6 12 3 18. 7 6 Project Management (6 months) 12 12 6 30 Administration (6 months) 6 18 15 6 89 6 $ - 18 Subtotals: 6 26 Task Cost/Effort Subtotals ($000's) Cost: 0.3 0.9 0.5 0.4 0.4 0.1 Lbr Comp Exp 2.5 0.1 Effort: 1.0 3.1 1.6 1.3 1.3 0.4 8.7 Paae 3 of 11 Kimley-Horn and Associates, Inc. Project Workplan Budget General Project Information Client: City of Fort Worth Project: ! ! 7th St Bridge Utility Reloc. KHA No: TBD PM: Aaron Rader Task Description and Budgeting O Task Effort Summary Labor: i;xpense: Allocation: $ 18,200 $ 600 0 • TOTAL: 0 ff` `P� \-\ k 18,800 Date: May 3, 2011 Task Information Number: Name: Task Mgr: 200 Preliminary Design • Personnel: CTDI AKR BSG JLJ _ I 1 1 SubTtl Comp Task Descriptions: P6 P4 P2 N5 -- 1 1 1 1 (Hrs) (Hrs) Exp ($) 6 2.1 2.2 Subsurface Preliminary A. B. C Cover Control Easement Sheet Utility Design Location Engineering Drawings Map (Level D) 2 1 4 5 4 5 -- -- -- -- -- - 5 3 5 3 5 3 D. E G. Wtr/Swr Overall Water Project P&P Abandonment (4 sheets) Wtr/Swr 10/2 Layout hrs/sht 8 40 5 5 -- -- 5 3 5 3 48 30 14 10 12/2 hrs/sht 2 12 2.3 Stakeholder H. A. Fort Sewer Worth P&P Meetings Parks (1 sheet) (1 meetings @ 2/3 hrs) 2 3 -- -- - 5 9 B. TxDOT (2 meetings @ 1.5 hrs) 3 3 3 -- 9 C. TRWD (2 meetings @ 1.5 hrs) 3 3 3 -- 2.4 2.5 2.6 2.7 2.8 Geotechnical Constructability Utility OPCC Deliverables Clearance Review (10 Sets) & Site Visit 4 1 4 4 1 4 4 8 4 4 -- -- -- -- -- 4 8 5 2 13 4 8 4 12 4 $ 500 2.9 QA/QC Preliminary 1 hour/sheet Design Review Meeting 4 5 4 4 -- -- 5 171 691 $ 500 Subtotals: 22 39 106 4 Task Cost/Effort Subtotals ($000fs) Cost: 1.3 2.7 0.1 Lbr Comp Exp 5.2 0.7 0.5 Effort: 3.7 4.6 9.5 0.3 18.2 Page 4 of 11 0.6 Kimley-Horn and Associates, Inc. Project Workplan Budget General Project Information Client: City of Fort Worth Project: W 7th St Bridge Utility Reloc. KHA No: TDD PM: Aaron Rader Task Effort Summary Labor: Expense: Allocation: TOTAL: $ 33,800 $ 2,200 CI $ 36,000 Date: Task Information Number: Name: Task Mgr: May 3, 2011 300 Final Design AKR BSG SRA MEC JLJ I 1 1 SubTtl Comp Personnel: CTD P1 � N5 � - (Hrs) (Hrs) Exp ($) Task Descriptions: P6 LX±IP2 P5 3.1 Prelim Design Comments (6 shts*4/1 hr/sht) 6 24 I 30 3.2 Final Design (90% Plans) $ 800 A. Cover Sheet 2 2 2 B. Index Sheet (1 sheet) 3 3 2 C. General Notes 2 2 1 1. City standard notes 2. Project specific notes (1 sht) 4 2 6 4 D. Water P&P (4 shts*9/3 hrs/sht) 15 45 60 40 D. Sewer P&P (1 sht*8/2 hrs/sht) 2 8 10 8 E Standard Details (4 shts *2 hrs/sht) 8 8 4 F. Project Specific Details _ 4 8 12 6 1. Wtr Connections 6 10 16 8 2. By-pass pumping J 1 2 4 6 2 3. Structures (3) 30 35 40 G. TC P (5 shts*6/1 hrs/sht) 5 hrs/sht) 3 12 15 6 H. SWPPP (3 shts*4/1 3.3 Final Design Project Manual A. Division 00 4 8 3 15 2 4 6 B. Division 01 C. Division 02-49 8 18 26 2 4 6 D. Appendix 3.4 OPCC (5 shts*2/.5 hrs/sht) 1 3 10 3 17 7 2 2 4 3.6 City Plan Review Submittal 3.7 Construction Plan Review Meeting A. City PM (1 mtg) 3 3 3 9 B. Water Operations Review (1 mtg) 1 1 1 3 C. Wastewater Oper. Review (1 mtg) 1 1 1 3 3.8 Construction Document - Final Construction Plans (25 shts*0.5/0.25 hrs/sht) 7 13 20 5 Project Manual 8 16 24 3.9 Deliverables 1 4 5 2 $ 1,200 Subtotals: 3 84 212 8 30 6 343 137 $ 2,000 Task Cost/Effort Subtotals ($000's) Cost 0.1 2.8 5.5 0.3 0.8 0.1 Lbr Comp Exp 9.7 1.4 2.0 Effort: 0.5 10.0 19.1 1.2 2.6 0.4 33.8 Pane 5 of 11 2.2 Kimley•Horn and Associates, Inc. Project Workplan Budget Client: City of Fort Worth Project: W 7th St Bridge Utility Rel©c. KHA No: TDD PM: Aaron Rader Tas * ffort Summary Labor: N.xpense: Allocation: $ 4,300 $ 600 $ TOTAL: $ 4,900 Date: May 3, 2011 Task Information Number: Name: Task Mgr: 400 Did Phase Services or/ v/ / / / / Z Cr Z .7 , ,,07 ciecir 4/0w/g-t/ Personnel: CTDAf(RICISGJU I I SubTtl Comp � Task Descriptions: P6 P4 P2 N5 I � I (Hrs) I Exp ($) 4.1 Advertisement (By City) 1 421ssue Bid Sets 1 5 6 4.3 Request for Information 6 6 12 44 Addenda 6 6 12. 4.5 Pre -bid Meeting (No Pre -Bid Mtg) 0 a 4.6 Bid Opening 1 � 4.7 Recommendation of Award 1 23 ZI 4.8 Conformance Documents 0 0 We will staple adenda to bid book. 4.9 Contract Execution 2 z 4.10 Deliverables 1 5 6 S 500 Subtotals'. 17 21 5 43 81 $ 500 Task Cost/Effort Subtotals ($000's) Cost: 0.6 0.5 0.1 Lbr Comp Exp 1.2 0.1 0.5 Effort: 2.0 1.9 0.4 4.3 Page 6 of 11 0.6 Kimley-Horn and Associates, Inc. Project Workplan Budget General Project Information Client: City of Fort Worth Project: W 7th St Fridge Utility Reloc. KHA No: TBD PM: Aaron Rader Task Description and Budgeting <<"/ Task Effort Summary Labor: Expense: Allocation: $ 16,000 $ 1,400 TOTAL: $ 17,400 Date: May 3, 2011 Task Information Number: 500 Name: Construction Phase Svcs Task Mgr: BSG `AKR I1 I I SubTtl Comp Personnel: C T D P2 (Hrs) (Hrs) Exp ($) Task Descriptions: f P6 P4 1 I 5.1 Public Meeting (1 meeting) A. Mailing Ivitation (City) 8 10 5 $ 100 B Exhibits (2) 2 3 6 D. Attend public meeting 3 5.2 Construction Support Services (10 months) 2 4 A. Preconstruction Meeting 2 5 10 B. On -site Observation (5 visits) 5 10 20 $ 350 C. Progress Meeting (10 mtgs) 1 10 D. Shop Drawing Review (12 total) 12 24 36 $ 350 10 15 E Substitutions (4/2hrs/month*5months) 5 20 30 F. Request for Information 10 0 G. Change Orders 0 3 6 Through 3 H. Final Walk 4 6 4 5.3 Record Drawings - Final Mylar 2 $ 400 10 15 5.4 Deliverables 5 1 Subtotals: I 59 99 I I 158 9 $ 1,200 Task Cost/Effort Subtotals ($000's) Cost: 2.0 2.5 Effort: 7.0 8.9 Lbr Comp Exp 4.5 15.9 0.1' 1.2 1.3 Paae7of 11 Kimley-Horn and Associates, Inc. Project Workplan Budget General Project Information Client: City of Fort Worth Project: W 7th St Bridge Utility Reloc. KHA No: TBD PM: Aaron Rader Task Effort Summary Labor: Expense: Allocation: $ 1,000 SI • TOTAL: 1,000 Date: May 3, 2011 Task Information Number: 600 Name: ROW/Easement Services Task Mgr: 5ubT11 Comp i Personnel: AKR BSA Task Descriptions: P4 F2 (Hrs) (Hrs) Exp ($) � � Coordinate with Surveyor -- Easement Coordination Right -of -Entry Exhibits (2 shts) 1 1 1 4 2 1 5 2 3 2 10 ZI $ Subtotals: 3 ] Task Cost/Effort Subtotals ($000's) Cost: 0.1 0.2 Lbr Comp Exp 0.3 0.0 Effort: 0.4 0.6 1.0 Pane 8 of 11 Kimley-Horn and Associates, Inc. Project Workplan Budget General Project Information Client: City of Fort Worth Project: W 7th St Bridge Utility Reloc. KHA No: TBD PM: Aaron Rader Personnel: Task Descriptions: A Coordinate with Surveyor Prepare exhibits (1 sht) Coordination Coordinate with City Surveyor in Construction Subtotals: Task Cost/Effort Subtotals mows) Cost: P4 1 2 0.1 BSG P2 Task Effort Summary Labor: Expense: Allocation: TOTAL: N v 2 2 0.2 $ 1,100 Date: May 3, 2011 Task Information Number: Name: Task Mgr: 700 Survey and SUE SubTtl (Hrs) 2 3 6 11 Comp (Hrs) 2 Exp ($) Lbr Comp Exp 0.3 0.0 Effort: 0.4 0.7 1.1 Page 9 of 11 t Kimley-Horn and Associates, Inc. Project Workp!an Budget General Project Information Client: City of Fort Worth Project: W 7th St Bridge Utility Rolm. KHA No: TBD PM: Aaron Rader Task Description and Budgeting Task Effort Summary Labor: Expense: Allocation: TOTAL: Date: May 3, 2011 Task Information Number: Name: Task Mgr: 800 Permitting „.etfr 4,§ Personnel: AKR BSG SubTtl Comp Task Descriptions: P4 P2 (Hrs) (Hrs) Exp ($) 8.1 TxDOT 0 0 8.2 8.3 8.4 8.5 UPRR FWWR USCOE USCOE or 404 Nationwide BNSF 12 0 0 0 0 0 0 0 0 8.6 USCOE 408 0 0 Subtotals'. $ Task Cost/Effort Subtotals (sows) Cost: Lbr Comp Exp Effort: Page 10 of 11 EXHIBIT "B-3" FEES FOR REPRODUCTION SERVICES Water and Sanitary Sewer Relocations for the West 7th Street Bridge Improvements SETS 1 Conceptual Design - Plans ($0.60/sheet x sheets/set + $1.00 binding/set) 2 Preliminary Design Plans ($0.60/sheet x sheets/set + $1.00 binding/set) Specs ($0.07/page x page/report + $1 25 binding/set) 3 Final Design Plans ($0.60/sheet x sheets/set + $1.00 binding/set) Half Sized Plans ($0.10/sheet x sheets/set + $1.00 binding/set) Specs ($0.07/page x page/report + $1.00 binding/set) Mylar Cover Sheets ($4 50/sheet x sheets/set) 4 Bid Advertisement Plans ($0.60/sheet x sheets/set + $1.00 binding/set) Full Sized Conformed Plans - Water Dept. ($0 60/sheet x sheets/set + $1.00 binding/set) Half Sized Plans ($0.10/sheet x sheets/set + $1.00 binding/set) Specs ($0.07/page x page/report + $1 25 binding/set) 5 Final Mylars - Plans ($4.50/sheet x sheets/set) 6 Mounted Exhibits- ($45.00/sheet x sheets/set) Reproduction Services Total Water Department (Water & Sanitary Sewer) Subtotal Note: services above will be performed by an MWBE firm 0 3 0 4 2 6 1 20 10 10 36 1 2 /SHEET $0.60 $0.60 $0.070 $0.60 $0.10 $0.070 $4.50 $0.60 $0.60 $0.10 $0.070 $4.50 $45.00 SHEETS TOTAL 0 $0.00 13 $26.40 300 35 35 700 2 35 35 35 700 35 2 $0.00 $88.00 $9.00 $300.00 $9.00 $440.00 $220.00 $45.00 $1,809.00 $157.50 $180.00 $3,300.00 $3,300.00 PAGE 3 OF. 5 Water and Sanitary Sewer Relocations for the West 7th Street Bridge Improvements Exb-B-4 - Professional Services Fee A. SUMMARY OF TOTAL FEE Service Description Engineering Services including Additional Services Survey Fee Total Fee BREAKDOWN OF WATER AND SEWER FEES (Less Survey Fees) Water $96,280 $8,800 $105, 080 Sewer $24,070 $2,200 $26,270 1. Total Water Fee (less Survey Fees) Breakdown by Concept, Preliminary and Final Design a. Concept (30%) b. Preliminary (60%) c. Final (10%) (Total Water Fee - Survey Fees) x (0.3) (Total Water Fee - Survey Fees) x (0.6) (Total Water Fee - Survey Fees) x (0.1) 1010 MINN $28,884 $57,768 $9,628 $96,280 2. Total Sewer Fee (less Survey Fees) Breakdown by Concept, Preliminary and Final Design a. Concept (30%) b. Preliminary (60%) c. Final (10%) (Total Sewer Fee - Survey Fees) x (0.3) (Total Sewer Fee - Survey Fees) x (0.6) (Total Sewer Fee - Survey Fees) x (0.1) Immir $7,221 $14,442 $2,407 $24,070 Total $120,350 $11,000 $131,350 ATTACHMENT "C" Amendments to Standard Agreement No modifications to the Standard Agreement were necessary for this project. PAGE 4 of 5 ATTACHMENT "D" Schedule ENGINEER will endeavor to meet the CITY's scheduling needs on this project. The ENGINEER will complete the tasks defined Tasks 2 and 3, in the Scope of Services in general conformance with the attached schedule. PAGE 5 OF 5 Attachment D City Project No. 01693 Water and Sanitary Sewer Relocations for the West 7th Street Bridge improvements May 2011 ID O Task Name 1 TxDOT 7th Street Bridge Schedule 2 ® Re -Letting 3 '" AT&T Relocations 4 Q Atmos Relocations : Begin Pier Construction 6 7 8 9 10 11 15 16 22 26 30 31 39 40 41 42 CC 43 52 53 54 55 56 57 58 59 60 61 62 63 CC 64 65 Ei 66 67 68 l= l2 69 70 71 72 73 74 75 76 77 8C 78 86 94 103 Q Q a Q !a' Water and Sanitary Sewer Relocations Notice to Proceed Contract to City Council Pre -Engineering Initial Data Collection Conceptual Engineering SUE Survey Geotechnical Investigation Preliminary Engineering Prepare Plans Preliminary Plans Submittal Meeting with City / City Review Address Comments Final Design Plan Submittal Prepare Plans 95% Submittal Meeting with City / City Review MWBE Construction Goal Revisions per City Comments Final Submittal Meeting with City Final Plan Submittal City Approval Pre -Construction Assistance Cover Sheet Signatures M&C to City Council Notice to Bidders Advertisement Bid Opening Bid Tabulation Recommend Award Execution of Contract MWBE Compliance M&C to City Council Award of Contract Construction Phase Pre -Con, submittals, pipe manufacture Public Meeting Pre -Construction Meeting Shop Drawings Manufacture Sanitary Sewer Pipe Park Water line Sanitary Sewer 20-inch Water Main Final Project Duration 699 days 1 day 80 days 60 days 1 day 336 days 1 day 1 day 4 days 4 days 21 days 10 days 21 days 12 days 21 days 18 days 3 days 1 day 2 days 45 days 34 days 11 days 1 day 10 days 3 days 5 days 1 day 2 days 2 days 88 days 2 days 10 days 2 days 25 days 1 day 1 day 1 day 15 days 15 days 15 days 1 day 157 days 72 days 1 day 1 day 30 days 40 days 28 days 85 days 41 days 1 day Start Tue 6/1/10 Thu 6/2/11 Tue 6/1/10 Fri 7/1/11 Fri 2/1/13 Thu 4/14/11 Thu 4/14/11 Tue 5/3/11 Fri 4/15/11 Fri 4/15/11 Mon 4/25/11 Fri 4/29/11 Mon 4/25/11 Mon 4/25/11 Mon 5/23/11 Mon 5/23/11 Thu 6/16/11 Thu 6/16/11 Fri 6/17/11 Tue 6/21/11 Tue 6/21/11 Mon 8/8/11 Mon 8/8/11 Tue 8/9/11 Tue 8/9/11 Fri 8/12/11 Fri 8/12/11 Mon 8/15/11 Wed 8/17/11 Fri 8/19/11 Fri 8/19/11 Tue 8/23/11 Tue 9/6/11 Thu 9/8/11 Thu 10/13/11 Fri 10/14/11 Mon 10/17/11 Tue 10/18/11 Tue 11/8/11 Tue 11/29/11 Tue 12/20/11 Wed 12/21/11 Wed 12/21/11 Wed 12/21/11 Thu 12/22/11 Fri 12/23/11 Fri 2/3/12 Fri 12/23/11 Fri 3/30/12 Fri 2/3/12 Mon 4/2/12 Finish I 12011 12012 2013 Jun 1 Jul Fri 2/1/13, Aug I Sep I Oct Nov Dec Jan I Feb Mar Apr May I Jun Jul ' Aug Sep Oct Nov 1 Dec I Jan Feb Mar I Apr I May I_ Jun Jul Aug - Sep Oct Nov Dec I Jan I Feb Thu 6/2/11 Mon 9/20/10 Thu 9/22/11 Fri 2/1/13 Thu 7/26/12 Thu 4/14/11 Tue 5/3/11 Wed 4/20/11 Wed 4/20/11 Mon 5/23/11 Thu 5/12/11 Mon 5/23/11 Tue 5/10/11 Mon 6/20/11 Wed 6/15/11 Mon 6/20/11 Thu 6/16/11 Mon 6/20/11 Mon 8/22/11 Fri 8/5/11 Mon 8/22/11 Mon 8/8/11 Mon 8/22/11 Thu 8/11/11 Thu 8/18/11 Fri 8/12/11 Tue 8/16/11 Thu 8/18/11 Tue 12/20/11 Mon 8/22/11 Mon 9/5/11 Wed 9/7/11 Wed 10/12/11 Thu 10/13/11 Fri 10/14/11 Mon 10/17/11 Mon 11/7/11 Mon 11/28/11 Mon 12/19/11 Tue 12/20/11 Thu 7/26/12 Thu 3/29/12 Wed 12/21/11 Thu 12/22/11 Thu 2/2/12 Thu 3/29/12 Tue 1/31/12 Thu 7/26/12 Fri 3/30/12 Mon 4/2/12 • • I • • • • V • • • • • V V • • V•� • • • 111 • • 411(1 • • • • • • • • • • • • • • • • • • • • • L • allillW • • tJ V Project: W 7th St Bridge Relocations S Date: Thu 5/5/11 Task Split .� Progress Milestone O Summary V V External Tasks Project Summary , External Milestone Deadline Page 1 V) m m DATE: DESIGN: DRAWN: CHECKED: KHA NO.: MAY 2011 AKR BSG CTD ATTACHMENT E PROPOSED RELOCATIONS COUNCIL DISTRICT 9 MAPSCO 76C K:IFTW MarketinglFort WorthlW 7th_Bridge_Relocations\GIS1MAPIM-C W 7th Proposed Wtr Swr.mxd CITY OF FORT WORTH WATER AND SANITARY SEWER RELOCATIONS FOR THE WEST 7TH STREET BRIDGE IMPROVEMENTS ► 3/ff i=1 THIS DOCUMENT IS INCOMPLETE AND RELEASED TEMPORARILY FOR INTERM REVIEW ONLY. IT IS NOT INTENDED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES AARON K. RADER P.E. SERIAL NO. 103716 DATE: MAY 2011 ❑ � iGmley-Hom and Associates, Inc. TBPE NO. F-928 No. Revision By Date M&C Council Agenda Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication CODU NCH , ACTH App ®vecd on 5/3/20 1 n Ord. Noo 196711 i5°2.T/ 11 DATE: Tuesday, May 03, 2011 LOG NAME: 60W7WSS-KHA SUBJECT: Authorize Execution of an Engineering Agreement in the Amount of $131,350.00 with Kimley-Horn and Associates, Inc., for West Seventh Street Bridge Water and Sanitary Sewer Improvements on Fournier Street from River Drive to West Seventh Street and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: REFERENCE NO.: *:`C-24892 1. Authorize the transfer of $161,350.00 from the Water and Sewer Operating Fund in the amounts of $120,080.00 to the Water Capital Projects Fund and $41,270.00 to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund by the amount of $120,080.00 and Sewer Capital Projects Fund by the amount of $41,270.00, from available funds; and 3. Authorize the City Manager to execute an engineering agreement with Kimley-Horn and Associates, Inc., in the amount of $131,350.00, for West Seventh Street Bridge Water and Sanitary Sewer Improvements on Fournier Street and from River Drive to West Seventh Street. DISCUSSION: On May 27, 2008, (M&C C-22828) the City Council adopted a resolution authorizing the City Manager to execute a replacement advance Funding agreement with Texas Department of Transportation (TXDOT) for the reconstruction of the West Seventh Street bridge over the Clear Fork Trinity River and Forest Park Boulevard. Kimley-Horn and Associates, Inc., is under contract with TXDOT to provide design for the reconstruction of the bridge. It has been determined that water and sanitary sewer main relocations on Fournier Street (West Seventh Street to Tenth Street) and from River Drive to West Seventh Street, are necessary in order to avoid conflicts with the piers of the proposed bridge. Kimley-Horn and Associates, Inc., proposes to perform the necessary design work for a lump sum fee of $131,350.00. City staff considers this fee to be fair and reasonable for the scope of services proposed. Kimley-Horn and Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to 22 percent M/WBE participation. The City's goal on the project is 20 percent. In addition to the contract amount, $30,000.00 (Water: $15,000.00; Sewer: $15,000.00) is needed for project management, real property acquisition and utility clearance. This project is located in COUNCIL DISTRICT 9. http://apps.cfwnet.org/ecouncil/printmc.asp?id 15054&print true&DocType—Print 5/6/2011