Loading...
HomeMy WebLinkAboutContract 43290 (2)EGMARY D 1T0FF RT WORTH,TIC TRACT fiklau _ `34 (/LV STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJFC T generally described as: Street Improvements for the Henderson Street Detour. Art1cDe I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, 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 days' 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: 11.29.2011 Page 1 of 14 OFFICIAL RECORD CITY SECRETARY FT. 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. 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: 11.29.2011 Page 2 of 14 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: 11.29.2011 Page 3 of 14 (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs' competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (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: 11.29.2011 Page 4 of 14 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: 11.29.2011 Page 5 of 14 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 $1,000,000.00 per claim and aggregate The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11.29.2011 Page 6 of 14 (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 Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000 00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -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. 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 Engineering Related Design Services PMO Official Release Date: 11.29.2011 Page 7 of 14 state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. 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 Related Design Services PMO Official Release Date: 11.29.2011 Page 8 of 14 changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY s facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. 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: 11.29.2011 Page 9 of 14 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: 11.29.2011 Page 10 of 14 (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. 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: 11.29.2011 Page 11 of 14 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; 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 wnting prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay or interruption, an equitable adjustment in the PROJECT s schedule, commitment and cost of the 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: 11.29.2011 Page 12 of 14 F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, stnct or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F. VI B , VI D , VI.F., VIA., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11.29.2011 Page 13 of 14 M&C Date: ATTEST: Mary J. Kayser - City Secretary considered. ENGINFFR 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. Article VII Attachments, ScheduiUes, and Sugrna ttMres This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B o Compensation Attachment C e Amendments to Standard Agreement for hngineering Services Attachment D - Project Schedule Attachment E - Location Map Executed and effective this the,c, .4Q 0 0 ri Ole o id nee e)$ wis-SS.Vu PYJth ,c 0 0 3 0 0 0 eit t4 'VTY OF FORT WORTH r) ' L j y. aktatta ‘,/ h 0 Dow) 4.3) 44 It IL g)% -Cr 2012. Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY APPROVAL RECOMMENDED B Douglas Black Assistant City Attorney M&C No.: T5t3( 6 -5 laz_ City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11.29.2011 Page 14 of 14 By: .---- Douglas .' . Wiersig, P.E. Directo Department of Transportation/Public Wo s Kimley-Horn and Associates, Inc. By: Jeff James Senior Vice President OFFICIAL RECORiJ CITY SECRETARY FT. WORTH, TX ATTACHMENT "A" Scooe for Enaineerina Design Related Services for Street Improvements for the Henderson Street Detour The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objectives of this project are to implement improvements at intersections along the proposed Henderson Street detour. The proposed improvements will assist in improving operations at the intersections as a result of the added traffic from the Henderson Street closure. The improvements include pavement markings, signing, traffic signal modifications, and signal timing adjustments. The project intersections and the associated improvements are detailed below: • Henderson St. at White Settlement Rd. o Convert eastbound approach to have dual rights and prohibit the through and left movements. o Convert northbound approach to have dual left turns, one through lane, and o ne right -turn lane. o Remove existing raised median on western leg of intersection to facilitate n orthbound dual left turns. o Traffic signal modifications to accommodate proposed improvements. • Henderson St. at Northside Dr. / University Dr. o Convert southbound approach to have dual left and dual right turns. o Modify southbound right -turn channelized island to accommodate the second right -turn lane. o Modify signal heads and signing for the southbound approach to accommodate the proposed dual left turns o Adjust intersection signal phasing to accommodate proposed improvements. Henderson St. at Lancaster Ave. o Restripe eastbound approach to have dual lefts, and one shared through -right lane. o Traffic signal modifications to support improvements. • N. Main St. at Northside Dr. o Convert existing eastbound shared through -right lane to a dedicated right -turn only lane. o Traffic signal modifications to support improvements. • • University Dr. at White Settlement Rd. o Remove existing traffic signal and construct new traffic signal. City of Fort Worth, Texas Attachment A PMO Release Date: 06.19.2010 Page 1 of 14 o Convert southbound approach to have dual left turns, one through lane, and one shared through -right lane. o Convert existing northbound shared through -right lane to a dedicated right -turn lane. o Convert existing westbound shared through -right lane to a free, dedicated right - turn lane. o Increase radius of northeast corner to accommodate more efficient right -turn movement from the dedicated westbound right -turn lane • Lancaster Ave. at University Dr. o Restripe northbound approach to have a left -turn only lane, two through lanes, and one right -turn only lane. o Traffic signal modifications to support improvements. White Settlement Rd. o Mill, overlay, and restripe the outside westbound and eastbound through lanes from Henderson St. to University Dr. • Traffic Signal Timing Adiustments o Evaluate existing signal timing phasing and split times and recommend changes to accommodate the proposed detour traffic for the six (6) project intersections. • • N. Commercial St. o Prepare vacate documents for N. Commercial St. between Henderson St. and White Settlement Rd • Lancaster Ave. at Summit O 7th Street Bridge detour improvements Task 1. Task 2. Task 3. Task 4. Task 5. Task 6. Task 7. Task 8. WORK TO BE PERFORMED Design Management Preliminary Design Final Design Traffic Signal Timing Adjustments Bid Phase Services Construction Phase Services Survey and Subsurface Utility Engineering Services TxDOT Driveway Permit TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources ENGINEER will manage the project team, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 2 of 14 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct and document monthly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of the 90% and 99% design phase • Conduct and document weekly design team meetings • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. Prepare and submit monthly progress reports in the format provided by the respective CITY Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. DELIVERABLES A. Meeting summaries with action items B. Monthly invoices City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 3 of 14 C. Monthly progress reports D. Baseline design schedule E Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. PRELIMINARY DESIGN (90 PERCENT). P reliminary plans and specifications shall be submitted to CITY per the approved Project S chedule ENGINEER will develop the preliminary design of the infrastructure as follows. 2.1 Traffic Signal Short Report for University Dr. at White Settlement Rd. 2.1.1 Data Collection • • The ENGINEER may obtain hard copies of record drawings from the CITY. The record drawings should include but not be limited to the proposed roadway plans, right-of-way information, and utility plans. If available, the CITY will furnish the ENGINEER electronic copies of the CAD files of the existing record drawings or proposed construction plans. • The ENGINEER will utilize the topographic survey for a base file. The ENGINEER will field verify the accuracy of the survey files based on franchise utility locates performed by DIG-TESS. • The ENGINEER will meet with the CITY in the field to discuss the electric service, communications, vehicle detection and Opticom requirements at the intersection. All existing and proposed utilities, pavement widths, lane configurations, and traffic control devices will be determined based on field observations, the record drawings provided by the CITY, and franchise utility locates. 2.1.2 Capacity Analysis • The ENGINEER will perform a capacity analysis indicating level of service for each movement at the intersection. The capacity analysis will be completed using the SynchroTM analysis software. The ENGINEER will recommend the appropriate traffic signal phasing for the intersection with consideration for the capabilities of current CITY controller hardware and software operation functions 2.1.3 Short Report document shall include the following: • Existing and/or projected traffic volumes; • Discussion of existing and proposed conditions; • Capacity analysis results; • Photo -log of intersection approaches; City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 4 of 14 • Recommendations for signal design, phasing, operations, illumination, and pedestrian accommodations, including a preliminary layout with cabinet, pole, and service placements; and • Address any unusual conditions and provide recommendations to resolve these conditions DELIVERABLES A. Documentation of key design decisions B. Draft Short Report 2.2. Development of Preliminary Design Drawings and Specifications shall include the following: • Traffic Control Plan for the proposed improvements including all construction signage and pavement markings which will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. • SUE plan drawings for the intersection of University Dr. at White Settlement Rd. only. • Intersection layout sheets including ROW lines horizontal alignments, utilities, existing traffic signal equipment curbs, sidewalks, driveways, lane dimensions and arrows, and existing and proposed contours (0.25' intervals) • Preliminary mill and overlay layout sheets for White Settlement Rd., from Henderson St. to University Dr. • Preliminary roadway and traffic signal details to include curbs, curb expansion joints, driveways, sidewalks, traffic signal details, and pavement details. • Preliminary signing, pavement marking, and signal layouts. Prepare vacate documents for N. Commercial St. between Henderson St. and White Settlement Rd Removal plans will be developed to address any removals needed to accommodate the proposed improvements. • Separate removal plans will also be developed to address removal of any of the proposed improvements at the conclusion of the Henderson St. detour. • • 2.4. Constructability Review • Prior to the 90 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 2.4. Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 5 of 14 approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities and where known and possible consider potential future utilities in designs. The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. ASSUMPTIONS • The CITY will provide the ENGINEER with recent traffic counts at the project intersections. • The ENGINEER will determine the pedestrian and ADA requirements for the intersection of University Dr. at White Settlement Rd • Prior to preparing base plan sheets or conducting field site visits, the ENGINEER will schedule franchise utility locates (DIG-TESS) at the project intersections • The ENGINEER shall submit one (1) PDF and two (2) 8.5" x 11" paper copies of the draft short report to the CITY. • The ENGINEER will incorporate review comments and submit a final "short report' to the CITY (one (1) PDF electronic copy and two (2) 8.5 x 11" paper copies) • Five (5) sets of 11" x 17" size plans will be delivered for the 90% design. • Five (5) sets of specifications will be delivered for the 60% design. • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • Two (2) sets of full size drawings will be delivered for Utility Clearance. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Traffic Signal Short Report B Preliminary Design drawings and specifications C. Utility Clearance drawings D. Estimates of probable construction cost City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 6 of 14 TASK 3. FINAL DESIGN CONSTRUCTION DOCUMENTS (100 PERCENT). • Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows. • Final draft construction plans (99%) and specifications shall be submitted to CITY per the approved Project Schedule • Following a 99% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 99% and 100% design packages. This estimate shall use ONLY standard CITY bid items ASSUMPTIONS • Five (5) sets of 11" x 17" size drawings and five (5) specifications will be delivered for the 99% Design package. • A DWF file for the 99% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • Ten (10) sets of 11" x 17" size drawings and ten (10) specifications will be delivered for the 100% Design package. • A DWF file for the 100 % Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw DELIVERABLES A. 99% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format D. Original cover mylar for the signatures of authorized CITY officials. TASK 4. TRAFFIC SIGNAL TIMING ADJUSTMENTS. • ENGINEER will assist the CITY in determining traffic signal phasing and split changes needed to accommodate the additional traffic at each of the six (6) project intersections as a result of the detour. The ENGINEER will utilize any available SynchroTM files to perform this task. • ENGINEER will take the projected traffic volumes from the detour and add these to the existing counts in the SynchroTM files. Lane geometries will also be updated in the SynchroTM files to reflect the proposed improvements. New timing parameters and phasing will be developed. City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 7 of 14 • ENGINEER will assist the CITY with the inputting of the new timing parameters into the lap top for field implementation. • ENGINEER will assist the CITY with fine tuning of the timing during the first week of the Henderson St. detour. TASK 5. BID PHASE SERVICES ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • Contract documents shall be uploaded in a .xls file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set The .dwf will consist of individual files one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation is to be uploaded into the project s Bid Responses folder on Buzzsaw. City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 8 of 14 • Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Mylar Drawings • The ENGINEER shall submit a set of sealed conformed mylar drawings for record storage • Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set Each PDF and DWF file shall contain all associated sheets of the particular plan set Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org' designating the file is of an original plan set, ` 47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36 ' shall be the total number of sheets in this file. Example: X-12755_orgl8.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392 8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid by the CITY. • The project will be bid only once and awarded to one contractor. • Fifteen (15) sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • Fifteen (15) sets of construction documents will be printed and made available for purchase by plan holders and/or given to plan viewing rooms. City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 9 of 14 • Five (5) sets of 11" x 17" size plans and specifications (conformed, if applicable) will be delivered to the CITY. • PDF and DWF files will be uploaded to Buzzsaw. • 1 copy full size (22" x 34") mylar plans (conformed, if applicable) will be delivered to the CITY. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) E Conformed mylar plans TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER shall attend the `Final" project walk through and assist with preparation of final punch list. 6.2 ASSUMPTIONS • Three (3) site visits are assumed. • Two (2) submittal reviews are assumed. • Three (3) RFI's are assumed. • One (1) Change Order is assumed. City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 10 of 14 DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of shop drawings D. Final Punch List items TASK 7. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES ENGINEER will provide survey support as follows. 7.1. Design Survey • ENGINEER will perform field surveys at the six (6) project intersections to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines • The minimum survey information to be provided on the plans shall include the following: A Project Control Sheet showing ALL Control Points, used or set while gathering data Generally on a scale of not less than 1:400 The following information about each Control Point, a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). Coordinates on all P.C.'s, P.T.'s, P.I. s, Manholes, Valves, etc., in the same coordinate system, as the Control. No less than two horizontal bench marks, per line or location. Bearings given on all proposed centerlines, or baselines. Station equations relating utilities to paving, when appropriate. 7.2. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level B at the intersection of White Settlement Rd. and University Dr. only as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 11 of 14 Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built' or record drawings, permit records, field notes, geographic information system data, oral histories, etc) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets electronic files and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g , active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground -mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems, if such features have not already been surveyed by a professional surveyor If previously surveyed, check survey data for accuracy and completeness. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets Level B (includes tasks as described for Quality Level C) • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits and/or to trace a particular utility line or system • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey Utilize paint or other method acceptable for marking of lines. City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 12 of 14 • Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems • Resolve differences between designated utilities and utility records and surveyed appurtenances • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. C. SUE plan drawings sealed by a professional engineer registered in the State of Texas. TASK 8. TxDOT DRIVEWAY PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 8.1. Texas Department of Transportation (TxDOT) Permit • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits • Completing all forms/applications necessary. • Submitting forms/applications for CITY and TxDOT review • Submitting revised forms for agency review • Responding to agency comments and requests ASSUMPTIONS • TxDOT will allow this project to be constructed through the driveway permit process. • Permit preparation will begin after approval of the Preliminary Design. • One (1) meeting is assumed with TxDOT for the driveway permit. 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 City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 13 of 14 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: • ROW/Easement services. • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 14 of 14 ATTACHMENT B COMPENSATION Design Services for Street Imarovements for the Henderson Street Detour City Project No. 00144 Lump Sum Project 1. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $132,000.00 as summarized in Exhibit B 1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER I11. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility P rime Consultant Kimley-Horn and Project management, design Associates, Inc. P roposed M/WBE Sub -Consultants Gorrondona & Fee Amount $90,775.00 Topographic survey and Level $41,225.00 Associates, Inc. B SUE N on-M/WBE Consultants Project Number & Name 00144 - Street Improvements for the Henderson Street Detour TOTAL $132,000.00 Total Fee $132, 000.00 M/WBE Fee $41, 225.00 100% M/WBE % 31.2% City M/WBE Goal = 31% Consultant Committed Goal = 31 % City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19,2010 Page 2 of 3 B-2 EXHIBIT "B-1" LEVEL OF EFFORT SPREADSHEET (Supplement to Attachment B) Insert the level of effort spreadsheet following this page. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19,2010 Page 3 of 3 x Description Rate 4Q?ment ,e Team . eam Meetings in-wfiip ,ttQps and Reporting 're- es) p oordination Meeting Month)x.-Proj(ect U{tdate Meetings Design Submittal review Meetings .4 Prepare Baseline Schedule Prepare Monthly Progress Reports with 1.2.5 Schedule 1.2.6 Prepare Monthly MWBE Reports 1.2.7 Invoicing 2.0 PrefiminaryOes(p (80 Percen(f 2.1 Traffic Signal Short Report 2.2 Preliminafy Design Drawings 2.3 Constructability review 2.4 Utilij Clearance 2.5 Traffic Control Plan 2.6 Proiect Decision Lqq 2.7 Construction Estimate 3.0 rinafDesign 3.1 (Final Draft (99%) Construction Plans and Specifications 3.2 (Final (100%)�rIgs anq py;ifi ng 3.3 IProjec Decision Logs §§ ° and 0o%) 4.0 Traffic Sipa' rlmfnq Adjustmen(s 4.1 Riming Adjustments 4.2 IFine runirag, 5.0 5.1 5.1.1 5.1.2 5.1.3 5.1.4 5.1.5 5.1.6 Bid Phase Bid Support Sell Contract Documents and Maintain Plan Holders List Issue Addenda Attend Pre -bid Conference Attend Bid Openinp Tabulate Bids and'Recommend Award Issue Conformed Ca-q(i9.) Q s pwwp1;s 6.0 epns;ructioQ Phan geryces 6.1 Construction Support 6.1.1 I Attend Preconstruction Conference _ 6.1.2 1 Project Site Visits 6.1.3 1 Submittal Review Request for Information/Change Order _ 6.1.4 Review 6.1.5 I Final Walk Through and Punch List 7.0 ISurve _ 7.1 IDesi n Survey _ 7.2 'Level SUE 7.3 IN. Commercial Vacation Document 8.0 Permitting 8.1 TxDOT e Totals Sr. Project Manager $19C 4 28 1 25 2 1 1 Level of Effort Spreadsheet ASK/HOUR BREAKDOWN Design Services for Street Improvements for the Henderson Street Detour Citv Proiect No, 00144 Project Manager $155 22 2 4 3 4 41 11 21 11 11 61 4 4� 2 1 101 20, 6 41 12, 2 10 0 15 51 Project Engineer $115 104 15 80 5 2 37J 25 101 21 Labor hours) if EIT CADD S90 0 245 220 25 50 201 5 20 10 6' 2 2 1 1 24 3 91 41 4 41 4 4 20 10 4 0 0 0 165 0 0 0 10 10' Administrative Total Labor Cost $75 1 6 $4,620 $310 $1,380 $465 $620 $620 $155 $460 2 $305 0 0 0j 335 15; $305 $51,235 $2,535 $42,925 $620 $310 $4,230 $230 $385 $16,255 $11,340 $4,685 $230 $6,355, $3,455' $2,900 $2,065 $3801 $380 $310 $310 $380 $305 J $3,720 $465 $1,395' $620 $620 $620 $465 $155, $155 $155, $1,620 $1,620' $86,335 Expense Subconsultant MWBE Non-MWBE $0 $0 $0 $0 Travel Office Expense/ Reproduction Total Expense Task Sub Total Cost 0 $ $50 $50 $100'. soj $0 $701 $50 $50 $0 $701 $0 $0 $0 $100 $100 $0 $41,225 $0 $0 $0 $01 $41,225 $Oj $0. $o' 1 $0, $ $701 $250' 4,620 $0 $310 $0 $1,380 $0 $465 $0 $620 50 $620 $0 $155 $0 $460 50 $305 $0 $50 $0 $305 $51,285 $2,535 $50' $42,975 50 $620 $0 $310 $0 $4,230 50 $230 50 $100 $50 $385 $16,355 $11,390 $50 $0 $70, $0' $4,735 $230 $6,425 $3,455 $70 $100 $2,970 $2,165 $1001 $480 50 $380 $0 $310 $0 $310 $0 $380 $0 $305 $0 $3,720 $0 $465 $0 $1,395 $0, $620 $0 $620 50 $41,225 528,875, $9,000 $0' 50 $620 $41,690 $29,030 $9,155 $3,5.05 $1,620, $1,620 $41,545 Project Summary Total Hours Total Labor Total Expense MWBE Subconsultant Non-MWBE Subconsultant 10% Sub Markup MWBE Participation Total Project Cost $127,880 714 $86/335 $41 545 $41,225 $0 $4/ 120 31.2% $132,000 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 5.19.2010 1of1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Street Improvements for the Henderson Street Detour City Project No. 00144 No changes to the Standard Agreement. City of Fort Worth, Texas Attachment C PMO Release Date 05 19 2010 Page I of I Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program Attachment D m Proiect Schedule FORT , WORTH This PROTECT requires a Tier 2 schedule as defined herein and in the Citiy's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2 BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT'S understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: • • • Changes in the critical path, Expected schedule changes, Potential delays, Opportunities to expedite the schedule, Coordination issues the CITY should be aware of or can assist with, City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 1 of 2 • Other schedule - related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS• The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth, Texas Attachment D PMO Release Date. 02.15 2011 Page 2 of 2 4 5 6 7 8 9 Worth City Project No. 00144 Improvements for Henderson St. Detour me Duration Start Finish Predecessors .bruary 2012 I March 2012 April 2012 1 May 2012 June 2012 July 2012 I August 2012 I September 2012 October 2012 I November 2012 _ I December 2012 Ja uary 2013 I February 2013 2/5 2/1 2/192/28`, 3/413/1113/1$3/2j 4/1 4/8 4/1514/224/29 5/6 5/13r5/205/27J6/3 /1d6/17i6/2417/1 17/8I7/1517/2217/2918/5I8/1218/198/26I 9/219/9I9/16I9/2319/3d10/7).0/14.0/2i0/2 11/4j.1/1i1/1W2 12/2;12/42/1 .2/2j2/3(1/6I1/13;1/2d1/27: 2/3 2/102/17i2/2 e to Proceed - Design Management 1.1- Managing the Team 1.2 - Communications and Reporting Pre -Design Kick off Meeting Monthly Project Meeting #1 Monthly Project Meeting #2 Monthly Project Meeting #3 Invoicing, Status Updates, MWBE 10 2 - Preliminary Design 11 2.1- Traffic Signal Short Report 12 2.2 - Preliminary Design 13 2.3 - Constructability Review 14 2.4 - Utility Clearance 15 2.5 - City Review 16 3 - Final Design and Construction Documents 17 3.1- Prepare 99% plans, specs, estimate 18 19 20 21 22 3.2 - 99% Review Meeting 3.3 - Prepare Final plans, specs, contract docs 4 - Traffic Signal Timing Adjustments 4.1- Timing Plan adjustments 4.2 - In -Field Fine Tuning 23 5 - Bid Phase and M&C Approval 24 6 - Construction 25 7 - Topographic Survey 26 8 - TxDOT Permit Date: Wed 2/22/12 Task Split Milestone 1 day Mon 4/2/12 Mon 4/2/12 172 days Tue 4/3/12Ved 11/28/121 172 days Tue 4/3/12Ved 11/28/121 172 days Tue 4/3/12Ved 11/28/121 1 day Tue 4/3/12 Tue 4/3/121 1 day Tue 5/1/12 Tue 5/1/12 1 day Mon 6/4/12 Mon 6/4/12 1 day Mon 7/2/12 Mon 7/2/12 172 days Tue 4/3/12Ved 11/28/121 80 days Tue 4/3/12 Mon 7/23/121 35 days Tue 4/3/12 Mon 5/21/121 40 days Tue 5/8/12 Mon 7/2/12 25 1 day Tue 7/3/12 Tue 7/3/12 12 5 days Tue 7/3/12 Mon 7/9/1212 15 days Tue 7/3/12 Mon 7/23/1212 16 days Tue 7/24/12 Tue 8/14/1213 10 days Tue 7/24/12 Mon 8/6/1215 1 day Tue 8/7/12 Tue 8/7/12 17 5 days Wed 8/8/12 Tue 8/14/1218 177 days Tue 5/22/12Wed 1/23/13 10 days Tue 5/22/12 Mon 6/4/12 11 5 days Thu 1/17/13 Wed 1/23/13 80 days Wed 8/15/12 Tue 12/4/1219 50 days Wed 12/5/12 Tue 2/12/13 23 25 days Tue 4/3/12 Mon 5/7/12 1 30 days Tue 7/3/12 Mon 8/13/1212 1 i 41 II 1 Iiiimiiiiiiiii Summary II it External Milestone O Inactive Summary V ) Manual Summary Rollun Project Summary C' '.) Inactive Task r 1 Manual Task F' „] Manual Summary O External Tasks t — a Inactive Milestone Duration -only Start -only 1 11 Finish-nnly 1 J Deadline 3 Progress �— kommi Page 1 ata\PPP\PRE.NiP\Attochmanlj lo. N. \FLWJAarkobnq\For 73 0 0 0 Rockwood Park nw pod nor 'al etery r r' iv Texas Science rater sops Park AVE x cc 0 ;RESTLINE Hebrew SHOTT Cemetery SITE MAP STREET IMPROVEMENTS FOR THE HENDERSON ST. DETOUR F24�RTH MAPSCO 62—Q, 62—T, 62—W, 62—Y, 76—A, 76—C, 76—D DAGGETT BROADWAY el MAIN ST. (B287) AT NORTHSIDE DR. Tr r HENDERSON ST. (SH 199) AT NORTHSIDE DR./UNIVERSITY DR. RVIS I 1 PROPOSED HENDERSON STREET BRIDGE UNIVERSITY DR. AT WHITE SETTLEMENT RD. HENDERSON ST. (SH 199) AT WHITE SETTLEMENT RD. W. LANCASTER AVE. AT UNIVERSITY DR. HENDERSON ST. (SH 199) AT W. LANCASTER AVE. W. LANCASTER AVE. AT BROADWSUMMIT AVE. Copyright 2011 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on —the —ground survey and represents only the approximate relative location of property boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data. City of Fort Worth, Texas Mayor and ouncil ommunication COUNCIL ACTION: Approved on 6/5/2012 DATE Tuesday, June 05, 2012 LOG NAME: 20TRV LOCAL STREET IMPROVEMENTS SUBJECT: REFERENCE NO.: **C-25631 Authorize Execution of an Engineering Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $132,000.00 for the Design of Local Street and Intersection Improvements to Support the Henderson Street Bridge Detour (COUNCIL DISTRICTS 2, 7 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Services Agreement with Kimley-Horn and Associates, Inc., in the amount not to exceed $132,000.00 for the design of local street and intersection improvements to support the Henderson Street Bridge Detour by utilizing $132 000.00 from the 2008 Bond Program to provide for street improvements of several intersections. DISCUSSION This Agreement is for design services associated with providing local street improvements to intersections along the proposed detour route of the Henderson Street Bridge Project. The 2008 Bond Program included funds for the project design. Kimley-Horn and Associates, inc., has submitted a proposal to provide the final design plans and construction specifications and contract documents for a fee not to exceed $132.000 00. Staff considers this fee to be fair and reasonable for the scope of services to be performed. Kimley-Horn and Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to 31 percent M/WBE participation. The City's goal on this project is 31 percent. This project is located in COUNCIL DISTRICTS 2, 7 and 9, Mapsco 62Q, 62T, 62W, 62Y, 76A, 76C, and 76D. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements 2008 Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C204 531200 209260014430 $132.000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Fernando Costa (6122) Douglas W. Wiersig (7801) Logname: 20TRV LOCAL STREET IMPROVEMENTS Page 1 of 2 Additional Information Contact: Patrick Buckley (2443) ATTACHMENTS 1. 0014 FAR- 00014.pdf (CFW Internal) 2. Attachment E Vicinity Map.pdf (Public) 3. C204 Available Funds.pdf (CFW Internal) 4. FAR 14 KH Design Local Street. pdf (CFW Internal) 5. MWBE Contract Compliance Memo TRV Street Improvement for Henderson Detour KH.pdf (CFW Internal) Logname: 20TRV LOCAL STREET IMPROVEMENTS Page 2 of 2