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Home My WebLink AboutContract 43427 (2)SECRETARY CON71RACT bltOe -- CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of For municipality (the "CITY"), and Kimley-Horn and Associates, in Texas, (the "ENGINEER"), for a PROJECT generally McLeroy Blvd. to Longhorn Road. Article I Scope of Services Worth, a Texas home -rule Inc., authorized to do business described as: Old Decatur - 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 �f��p�0�d G3C��UU3'? C ALA� RY 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 1 of 16 , s � t (4) in the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. The standard of care applicable to the ENGINEER's services will be the degree of skill and gence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 3 of 16 t 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 observations) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional cercation of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04l2012 Page 4 of 16 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/VNBE) 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 MMBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 5 of 16 together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officersI 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 6 of 16 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. [i►.�=eT�fr1�C7_\�I�[.��1G7_1�[N�:7x�1�J17�►�il�►�� 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 7 of 16 requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -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. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 8 of 16 required by the ENGINEER to equivalent insurance coverage as sub consultants/subcontractors ENGINEER shall provide CITY certificate of insurance. L. Independent Consultant maintain the same or reasonably required for the ENGINEER. When maintain insurance coverage, with documentation thereof on a The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities -Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 9 of 16 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. E. Prompt Notice City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 10 of 16 F. G. I:l 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. Asbestos %J 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 cc role in the generation, ti materials. In consideration claims by third parties or ENGINEER from any dan such materials. editions, and that ENGINEER had no prior �atment, storage, or disposition of such of the associated risks that may give rise to employees of City, City hereby releases age or liability related to the presence of (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 Is negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article N.E. regarding the EN(JINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 11 of 16 or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 12 of 16 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, speccations, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 13 of 16 termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 1. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 14 of 16 J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A -Scope of Services Attachment B —Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 15 of 16 Executed and effective this the � l I BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: p /,Z APPROVAL RECOMMENDED: By: Dougla . Wiersig, P.E. Direct ,Department of Transportation/Public Works BY: ENGINEER Kimley-Horn and Associates, Inc. G. Brad Tribbye, P.E. Senior Vice President Date: APPROVED AS TO FORM AND M&C No.: C - ZS� 2� LEGALITY By: Dougla`s�1T. Black Assistant City Attorney ATTEST: City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 05/04/2012 Page 16 of 16 Z- Ift' tl o ICJ iltl�ltil2 � �`1 ATTACHMENT "A" SCOPE OF SERVICES City Project No. 01807 Old Decatur Road— McLeroy Blvd. to Longhorn Road FORT WORTH, TEXAS PROJECT UNDERSTANDING The ENGINEER understands that the CITY is requesting professional services for the design A Old Decatur Road from McLeroy Boulevard to Longhorn Road. The project generally consists of constructing approximately 3,200 linear feet of Old Decatur Road from McLeroy Boulevard to Longhorn Road as a 4 lane divided roadway with bike lanes. The alignment of the roadway will be realigned to the west approximately 800' south of McLeroy Boulevard (following the Northside II 36" Transmission Main alignment) and connect to Longhorn Road at Marine Creek Parkway as shown on the amended Master Thoroughfare Plan dated April 2011. The project will also include widening Longhorn Road from Old Decatur Road to 600 linear feet east. The project will also include sidewalks and sidewalk ramps, storm drain, pavement markings and signage, a new traffic signal at the intersection of Old Decatur Road and Cromwell Marine Creek Road, traffic control, right-of-way and easement determination, bidding and construction contract administration services. In addition, an alignment study for the future Cromwell Marine Creek 4 lane divided arterial alignment to connect to Longhorn Road as shown on the City's Master Thoroughfare Plan will be included with the project. This scope of services will provide the CITY with the design plans and contract documents for the construction of Old Decatur Road from McLeroy Blvd. to Longhorn Road. SCOPE OF SERVICES If services beyond those defined in this scope are required, the CITY and ENGINEER shall attempt to negotiate a written amendment to this Agreement. ENGINEER shall not proceed with work on any additional services prior to the CITY and ENGINEER executing a written amendment. The Scope of Services includes the following primary tasks: • Task 1 —Design Management • Task 2 —Conceptual Design • Task 3 — Preliminary Design • Task 4 — Final Design • Task 5 — Construction Contract Administration • Task 6 —Survey and Subsurface Engineering Services • Task 7 —Right of Way and Easement Services 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, communicate City of Fort Worth, Texas Attachment A Page 1 of 1 S 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. 1.1. Project Management • Develop Project Communication Plan • Develop Quality Control Plan • Develop Project Workplan including manweek schedule and milestones • Conduct weekly internal design team meetings. 1.2. Communications and Reporting • Attend apre-design project kickoff and chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. Meeting to include a representative from the following departments: Transportation and Public Works, Water, Storm Water Management, and Traffic. • Submit biweekly (every two weeks) project status reports to the project team (ENGINEER and CITY staff). • Conduct review meetings with the CITY at the end of each design phase. • Conduct and document biweekly 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 Transportation and Public Works 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. ASSUMPTIONS • Assume up to 10 meetings for review and project coordination throughout design. The Project Manager and professional engineer will attend all meetings. DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. BkWeekly status reports E. Baseline design schedule City of Fort Worth, Texas Attachment A Page 2 of 18 6 F. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes G. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. CONCEPTUAL DESIGN The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the roadway and drainage improvements. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (such as TxDOT and railroads), record drawings, development plans, CITY Master Plans, CITY drainage complaint files, existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any) and property ownership as available from the Tax Assessor's office. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. • Collect 24-hour directional tube traffic volume counts along Marine Creek Parkway and Longhorn Road. These counts will include the vehicle classification percentages and wheel loadings. Collect Weekday AM, and PM peak hour turning movement counts at Marine Creek Parkway and Longhorn Road. Traffic volume counts will be coordinated with City of Fort Worth prior to the actual counts taking place. 2.2. Subsurface Utility Engineering • Provide Subsurface Utility Engineering (SUE) per Task 6.2. 2.3. Conceptual Design Package • Determine typical section for 4 lane divided arterial (M4D) with bike lanes. Subgrade and pavement design will be determined in preliminary design Task 3.2. • Determine right-of-way and easements necessary for roadway alignment. • Develop up to three (3) options for the connection from existing Old Decatur Road collector to the proposed Old Decatur arterial. Submit to the City for selection of the preferred option. City of Fort Worth, Texas Attachment A Page 3 of 18 • Prepare preliminary roadway plan and profile for Old Decatur Road and Longhorn Road(roll plot format, 1' =40' scale). Items to be included: Plan • Control data • Existing / proposed right-of-way • Existing topography • Existing pavement • Proposed centerline alignment and horizontal curve data per AASHTO Standards • Proposed face of curb • Proposed medians • Proposed transition pavement tie-ins to existing pavement • Proposed storm sewer and culvert alignments and sizes • Existing trees to remain (if possible) • Existing trees to be removed • Existing driveway locations • Proposed commercial driveways (proposed residential driveways will be included in the final design) • Existing storm drain locations • Existing water line locations • Existing sanitary sewer line locations • Existing franchise utility locations (relying upon information provided by franchise utilities) Profile • Existing Ground Profile at left and right right-of-way • Proposed Vertical Alignment of top of curb left and right per AASHTO Standards • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Compile the hydrological and hydraulic data. Develop the preliminary project drainage area map (1"=200' scale); determine conveyance paths, channel slopes, time of concentration, and runoff coefficients as required to calculate design -year flows. Subdivide the overall drainage areas into sub -areas and calculate the discharge at each inlet. Analyze inlet capacities and adjust inlet locations and sub -areas as needed to meet City of Fort Worth design criteria. Calculations regarding street and right-of-way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Capacities of existing and proposed storm drain will be calculated and shown. • Analyze storm drain improvements required to accommodate the new roadway. Layout plan view of the storm drain main, laterals and inlets. • Review the offsite storm drain design record drawings and evaluate the need for any offsite drainage improvements and report to the City of Fort Worth. The design of any offsite drainage improvements is not included and shall be City of Fort Worth, Texas Attachment A Page 4 of 18 considered as Additional Services. The design will include connection to the existing outfalls at Longhorn Road and Cromwell Marine Creek Road. • Establish the location of existing public utilities based upon information provided by the City and field survey information • Prepare plans for minor City utility adjustments such as installing new or adjusting fire hydrants, valves, services, manholes. • Identify utility conflicts with proposed roadway and storm drain design. KHA will design the roadway and storm drainage improvements to minimize the impact to the existing utilities to remain. In the event that utilities will need to be relocated, KHA will report to the City of Fort Worth. The design of utility relocations is not included and shall be considered as Additional Services. The existing utilities to remain are as follows: • Existing City of Saginaw 8" and 12" water lines along the east side of Old Decatur Road; • Existing 36" water transmission line along Old Decatur Road, • Existing 16" water line along Marine Creek Parkway south of Longhorn Road; • Existing 48" transmission line adjacent to Marine Creek Parkway south of Longhorn Road; and • Existing 20" and 48" transmission line along Cromwell Marine Creek Road west of Marine Creek Parkway • Evaluate traffic count data collected in Task 2.1 and determine turn lane recommendations and storage lengths. • Determine the intersection improvements necessary at the Old Decatur Road and Cromwell Marine Creek Roadway intersection. • Establish pole locations, controller cabinet assemblies, and power sources, conduit, ground boxes and identify cabling requirements for traffic signal at Old Decatur Road and Cromwell Marine Creek Roadway intersection. • Develop preliminary traffic control plan narrative of the suggested sequence of construction including paving and storm drain construction phasing. Sequence of construction will be designed to maintain a minimum of two-way traffic during construction. Develop traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract documents. Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. Provide a written summary of the distinct phases to take place during construction operations to include road and/or lane closures, limited access to adjacent properties, and limited access to pedestrian and bicycle traffic. • An opinion of probable construction cost using recent average unit prices which are representative of similar types of construction in the local area. The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions City of Fort Worth, Texas Attachment A Page 5 of 18 2A Cromwell Marine Creek Roadway Alignment Study • Perform a planning level in -field verification of the location of all above -ground elements that may be critical to the proposed alignment • Develop up to three (3) alignment options for the future 4 lane divided Cromwell Marine Creek Road as it connects to Longhorn Road. • Prepare color exhibits on top of an aerial depicting each the center line and right- of-way for each alignment of Cromwell Marine Creek Road. The alignment options will include connections to the neighborhood. • Meet with the City to review the alignment alternatives and to select a preferred alignment. • Refine the alignments based upon City input if necessary. • Develop opinion of probable construction cost for the preferred alignment. ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. PDF and DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. B. SUE Report. C. Reflect the proposed phasing of street and drainage work in the Project Schedule, D. Preliminary opinion of probable construction cost. TASK 3. PRELIMINARY DESIGN Preliminary plans (60 percent) and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings (22"x34" plan sheets at a scale of 1 "=20' horizontal, and 1 "=2' vertical) shall include the following: • Cover Sheet • Drainage area maps showing proposed improvements with drainage calculations and hydraulic computations in accordance with the City of Fort Worth Storm Water Management Design Manual, March 2006, • 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 shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City City of Fort Worth, Texas Attachment A Page 6 of 18 Datum only; descriptive location (i.e. 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). • Overall project easement layout sheet(s). • SUE plan drawings. • Proposed roadway profile grades and elevations along the left and right curb line; elevations at all P.V.I.'s; P.1's half stations; high and low points; vertical curve information; and pertinent AASHTO calculations. Profiles for existing ground at the left and right right-of-way lines shall be shown and right curb line. • Proceed with design of the City approved option proposed for the connection from existing Old Decatur Road collector to the proposed Old Decatur arterial. • Edge of existing pavement, existing structures, mailboxes, water meters, utility poles, fire hydrants, existing driveways, existing utilities, existing and proposed rights -of -way and easements, proposed sidewalk and curb ramps, proposed curb line on plan and profile sheets, and existing ground elevation in profile at the proposed centerline and right-of-way lines. Existing found property corners (e.g. Iron pins) along the existing right-of-way shall be shown on the plans. • All improvements on the project within twenty feet (20') of the proposed right-of-way line or easement line on construction plans. • The location, size, and species of all trees and shrubs within the limits of street right-of-way, drainage, slope or temporary construction easements. If due to the density of the growth it is impractical to show all trees and shrubs, the limits of dense stands of trees and shrubs will be shown. In any case, all trees six inches (6") in diameter, or larger, shall be shown, unless directed otherwise. Engineer shall indicate on the plans those trees that are to be removed and those trees to be preserved. • Typical Sections showing preliminary subgrade and pavement design determined in Task 3.3. • Plan and profile drawings of proposed storm drain improvements, including existing lot layout with property ownership, streets, curb lines, driveways, medians (if applicable), sidewalks, existing water and sanitary sewer mains, existing utilities gathered during the SUE and existing utility easements within the project limits. Profiles for existing and proposed storm drain mains and laterals shall be provided. • Station equations relating storm drain to paving, when appropriate. • No less than two bench marks per plan/profile sheet. • Preliminary roadway and/or channel cross -sections will be developed, from the survey notes, at intervals not -to -exceed 50 foot along the project length and will extend 10 foot past the right of way line on both sides of the street. Additional cross -sections at important features including driveways, P.l.'s of intersecting streets, (minimum distance of 100 foot along cross -street at each P.I.) walks, retaining walls, etc., will also be provided. Profiles of centerline of driveways will also be provided where necessary. Scale will be 1" = 20' horizontal and 1' = 2' vertical. • Plan sheets of minor water and/or sanitary sewer improvements such as valve adjustments. Water line and sewer line relocations are not anticipated. City of Fort Worth, Texas Attachment A Page 7 of 18 If required, plan preparation for any necessary utility relocations will be provided as Additional Services. • Pavement markings, striping and/or traffic button plans and signage plans. • An opinion of probable construction cost using recent average unit prices which are representative of similar types of construction in the local area. The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions • Traffic Control Plan updated to reflect any changes as a result of the conceptual design submittal while also 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. • Design of permanent signals at Old Decatur Road and Longhorn Road. Create proposed signal plan layout sheets and summary charts. • The 60% design submittal shall include the following: ■ Preliminary roadway plan and profile sheets; ■ Preliminary storm drain plan layout sheets; ■ Preliminary drainage area map and runoff calculations; ■ Preliminary pavement marking and signage plans; ■ Preliminary traffic control plan narrative; ■ Preliminary traffic signal plans; ■ Preliminary opinion of probable construction cost. 3.2. Geotechnical Investigation/Pavement Design • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. • The ENGINEER through their subconsultant shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2005. The study shall include recommendations regarding utility trenching and identifying existing groundwater elevation at each boring. 3.3. Pavement Evaluation • Site reconnaissance by Project Engineer to evaluate existing pavement conditions. • Traffic Control Plans including Traffic Control Signs and Cones will be required. Two flagmen will be required for traffic control for borings drilled near the existing roadway. • Complete up to four (4) pavement/base cores and four (4) geotechnical borings to 10' depth. • Geotechnical laboratory testing including (Atterberg Limits (PI's), moisture content, continuous P.P. strength/swell profile, swell testing) City of Fort Worth, Texas Attachment A Page 8 of 18 , o • Compressive strength tests of concrete cores • Evaluation of existing pavement base • Design studies will be performed to evaluate the design life of the existing pavement based on existing pavement thickness, existing concrete strength and existing base conditions. 3.4. Constructability Review • Prior to the 60 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. 3.5. Public Meeting • After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, prepare and mail the invitation letters to the affected customers. The ENGINEER shall coordinate with the CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. 3.6. 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, and government agencies to determine the 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 deliver approved preliminary construction plans (.pdf format) to the CITY's Utility Coordinator for forwarding to all utility companies which have facilities within the limits of the project. ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • 4 borings at an average bore depth of 10' feet each and 4 borings at an average bore depth of 20' will be provided. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. City of Fort Worth, Texas Attachment A Page 9 of 18 4 7A!qL!A!gL1WM3!9 A. Preliminary Design drawings and electronic files uploaded to Buzzsaw in Adobe Acrobat PDF format (version 6.0 or higher) and .dwf format. B. Utility Clearance drawings (.pdf) C. Geotechnical Report (4 copies) D. Opinions of probable construction cost TASK 4. FINAL DESIGN Upon approval of the Preliminary plans, ENGINEER will prepare 90 percent and final construction plans and construction documents as follows: • Final draft construction plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. • Items associated with Preliminary Design (Task 3). • All items associated with the applicable City of Fort Worth Engineering general and design checklists. • Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs, sidewalks, driveways, lane dimensions and arrows, and existing and proposed contours. • All storm drain computations such as inlet and pipe calculations, unless directed otherwise in writing by City of Fort Worth, shall be in accordance with the latest revision of the City of Fort Worth's Storm Water Design Manual. • Perform final storm drain sizing and alignment design. Prepare storm drain plan and profile sheets including hydraulic grade lines. • Prepare storm drain lateral profile sheets. • Provide plan sheets and details to construct storm drain outfalls/connections to existing systems for up to two (2) locations. • Detail and standard sheets for the related elements of the Project. • Prepare paving jointing layout plans. • Prepare general notes. • Prepare street lighting plans and details in accordance with the City of Fort Worth's Street Lighting Policy. • Final draft construction plans and specifications shall be submitted to CITY per the approved Project Schedule. • The ENGINEER shall submit a final design opinion of probable construction cost (OPCC) with the final design plans submitted. This OPCC shall use ONLY standard CITY bid items. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in the State of Texas. • Standard City of Fort Worth title page with location map and revision block in the lower right corner showing date of revision, description of revision and initials of the engineer authorizing the revision. • Plan sheets for signs and pavement markings in accordance with the City of Fort Worth Standard Details. City of Fort Worth, Texas Attachment A Page 10 of 18 e • Develop traffic control phasing plans to maintain two-way traffic during construction in accordance with the City of Fort Worth Standard Details. Plans shall include the following: ■ Travel lanes and construction area for each phase of construction; ■ Updated narrative of the sequence of construction; ■ Temporary signing and striping, barricades and other channelization devices; ■ Storm sewer construction phasing; and ■ Typical cross sections showing lane widths, edge conditions, channelization and proposed construction area. • Finalize traffic signal plans in accordance with City of Fort Worth and TxDOT Standards. • Prepare erosion control plan in accordance with City of Fort Worth requirements. • Prepare street lighting conduit and foundation layout plan. Street lights will be installed by Oncor. Coordinate with City of Saginaw and Oncor for lighting locations. • Perform up to two (2) project site visits during final design. • Prepare construction contract documents including the following: ■ City of Fort Worth standard construction contract forms; ■ Notice to bidders; ■ Special instructions to bidders; ■ Bid form; ■ Performance bond; ■ Payment bond; ■ Maintenance bond; ■ Certificate of insurance; ■ General conditions; ■ Special provisions; and ■ Technical specifications. • 90% and Final Design submittal shall include the following: ■ Final Plans: — Cover Sheet — Index Sheet — Project Control Sheet Roadway plan and profile sheets Jointing plan sheets Storm drain plan and profile sheets including hydraulic grade lines — Drainage area map — Storm drain calculations — Pavement marking and signing plans Traffic control plans — Traffic signal plans Street lighting layout plans Cross Sections City of Fort Worth Standard Detail Sheets Applicable TxDOT Standard Detail Sheets City of Fort Worth, Texas Attachment A Page 11 of 18 Detail Sheets — Opinion of probable construction cost ■ Contract Documents. DELIVERABLES A. 90% construction plans and specifications in adf and .dwf format. B. Final construction plans and specifications in .pdf and Awf format. C. Detailed OPCC for the authorized construction project, including summaries of bid items and quantities using the CITY 's standard bid items and format. D. Original mylar cover for the signatures of authorized CITY officials. TASK 5. Construction Contract Administration ENGINEER will support the construction 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 .pdf files and the plans in .pdf and Awf files. • 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 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. • Prepare for and attend pre -bid conference. • 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. 5.2. Construction Support • Assist City of Fort Worth in conducting apre-construction conference. • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend a public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • Shop Drawings and Samples. Review and respond or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the City of Fort Worth, Texas Attachment A Page 12 of 18 r s t design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other -action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Evaluate and determine the acceptability of substitute materials and equipment proposed by contractor(s). • Clarifications, Interpretations (Requests for Information). Respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to the City as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the City. 5.3. Record Drawings • The ENGINEER shall prepare record drawings from information submitted by the inspector and/or Contractor. The drawings shall be submitted as full size (22" x 34") 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: ■ TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_ Ulu " 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 ■ 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_org18.pdf Both PDF and DWF files shall be submitted on one (1) Compact Disk, which will become property of and remain with the CITY. Floppy disks, zip disks, e- mail flash media will not be accepted. 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) 39248426. File numbers will not be City of Fort Worth, Texas Attachment A Page 13 of 18 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 only once and awarded to one contractor. • 20 sets of plans and specifications will be delivered to the CITY. The plans shall consists of 20 full size (22" x 34") DELIVERABLES A. Addenda B. Public meeting exhibits C. Response to Contractor's Request for Information D. Review of Change Orders F. Review of shop drawings G. Final Punch List items H. Record Drawings Task 6. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES 6.1. Design Survey The ENGINEER (through its subconsultant — Gorrondona &Associates, Inc. (MWBE)) will provide the following design survey services: • Ground survey to identify and locate existing topographic elements for the project limits. The limits of survey shall be from McLeroy intersection to approximately 500' south of Longhorn Road; 700' east of Old Decatur Road along Longhorn Road, 500' east and west of Old Decatur Road along Cromwell Marine Creek. The survey will include the existing right-of-way plus an additional 40' outside of right-of-way. The survey shall also include 100' beyond the right-of-way for all side streets and driveways. • Ground survey shall consist of all visible existing features above ground level. These features shall include, but are not limited to, telephone poles, power poles, utilities, utility markers, fences, retaining walls, water meters, detector check valves, manholes, vaults, sprinkler heads, structures, culvert pipes, buildings, trees (6" caliper and up) and any other facilities in close proximity to the construction. • Coordinate with franchise utility companies to locate and mark their utilities prior to performing the field survey. • Prepare digital terrain model (DTM). • Tie all public improvements to existing City of Fort Worth monument system. • Survey geotechnical boring locations. • Prepare a final topographic drawing in digital format (including contours and breaklines) showing the features located in the field as well as right-of-way strip map information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. City of Fort Worth, Texas Attachment A Page 14 of 18 • Temporary Right of Entry Preparation and Submittal ■ Prior to entering property, the ENGINEER shall prepare, mail and obtain Temporary Right of Entry from landowners. ■ The documentation shall be provided in conformance with the checklists and templates available on the CITY Is Buzzsaw site. 6.2. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level D,C,B,&A, as described below. The SUE shall be performed in accordance with Cl/ASCE 3&02. 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. City of Fort Worth, Texas Attachment A Page 15 of 18 t • 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. • 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. Level A • Expose and locate utilities at specific locations for up to ten (10) specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. Task 7 ht of Way and Easement Services The ENGINEER (through its subconsultant - Gorrondona &Associates, Inc. (MWBE)) will provide the following right-of-way document services: In conformance with City of Fort Worth standards, Engineer shall survey, render field notes, and prepare aright -of -way strip map and individual parcel exhibits for any additional right-of- way or easements needed. Engineer shall also set control points, which shall be based on City of Fort Worth's control monumentation, approximately every 600 feet on both sides of the road. Before setting the control points, Engineer shall obtain approved sketches and specifications from City of Fort Worth for the placing of control points. • The right-of-way strip map shall be contained on plan paper (22" x 34") at a scale of 1" = 50', shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall contain the following: City of Fort Worth, Texas Attachment A Page 16 of 18 pi C ■ Title page including location map. ■ Summary sheet listing all parcels to be acquired, property owner, legal description of property, gross area of property, square footage and type of easements, net area of property after acquisition, a column for volume and page of filing, and current volume and page. ■ Corners of parcels tied to the centerline. ■ Location of existing property pins, including station and offset to centerline. ■ Location of new property pins, including station and offset to centerline. ■ Parcel number. ■ Area required. ■ Current owner. ■ Any existing platted easements or easements filed by separate instrument including easements provided by utility companies. The utility company easements should be requested by Engineer at the time preliminary plans and final plans are sent to the utility companies. • Prepare up to ten (10) individual parcel exhibits. Individual parcel exhibits shall be on 8Y2'x11" or 8'/"x14" paper, shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall contain the following: ■ Parcel number. ■ Area required. ■ Legal description of the property. ■ Current owner. ■ Any existing easements provided by utility companies. ■ All physical features. ■ Metes and bounds description of parcel to be acquired. The description shall be provided on a separate sheet from the exhibit. Each type of easement shall be described separately. • The above items are necessary for the acquisition of right-of-way required to construct Project. Said information shall be required prior to acceptance of final construction plans. • Upon written notification by City of acceptance of the right-of-way strip map, exhibits and instruments, and as directed by City, Engineer's surveyor shall set all corners and points of curvature and tangency for the proposed right-of-way and submit final sealed plans and exhibits, including location of the control points and their coordinates. 7.1. Right -of -Way Research • The ENGINEER shall determine rights -of -way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. Right-of-Way/Easement Preparation and Submittal. City of Fort Worth, Texas Attachment A Page 17 of 18 • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists Cl" templates available on the CITY's Buzzsaw site. 7.3. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare mail and obtain Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. Additional Services Services below shall be considered additional and shall be performed on an individual basis upon authorization by the City of Fort Worth. Such services shall include, but are not limited to, the following: 1. Streetscape and irrigation design. 2. Additional depths or borings. 3. Bidding Phase Services beyond items identified in Task 5. 4. Design of water and/or sanitary sewer improvements. 5. Construction Contract Administration Services beyond items identified in Task 5. 6. Establishing additional horizontal or vertical control beyond scope identified above 7. Construction Staking. 8. ROW and/or easement negotiation and acquisition. 9. Redesign to reflect project scope changes requested by the City, required to address changed conditions or change in direction previously approved by the City, mandated by changing governmental laws, or necessitated by the City's acceptance of substitutions proposed by the contractor. 10. Environmental assessment, permitting, or remediation. 11. Design of any offsite drainage improvements beyond the improvements identified above. 12. Utility Relocation design beyond the improvements identified above. 13. Retaining wall design. 14. Parcel exhibits beyond the number identified above in Task 7. 15. Additional plan submittals beyond the number identified above. 16. Franchise Utility Coordination beyond items identified above. City of Fort Worth, Texas Attachment A Page 18 of 18 . ATTACHMENT "B" COMPENSATION Design Services for Old Decatur Road = McLeroy Blvd. to Longhorn Road City Project No. 01807 FEE AND BILLING KHA will perform the following services on a lump sum basis: ■ Task 1 Design Management $50,000 ■ Task 2 Conceptual Design $67,000 ■ Task 3 Preliminary Design o Kimley-Horn $83,500 o Subconsultant $2,500 ■ Task 3 Geotechnical Services o Kimley-Horn $1,000 o Subconsultant $10,000 ■ Task 4 Final Design $117,000 ■ Task 6 Design Survey o Kimley-Horn $3,500 o Subconsultant $35,175 SUBTOTAL: $369,676 KHA will perform the following services on an hourly (reimbursable) basis: ■ Task 5 Construction Contract Admin. $25,000 ■ Task 5 Record Drawings o Kimley-Horn $6,000 o Subconsultant $2,000 ■ Task 6 Survey — SUE o Kimley-Horn 21400 o Subconsultant $24,425 ■ Task 7 ROW/ESMT Determination o Kimley-Horn $21200 o Subconsultant $22,000 SUBTOTAL: $849025 TOTAL (LS and Reimbursable): $4535700 KHA will perform the Lump Sum Tasks identified in the Scope of Services for a lump sum fee of $369,675, which includes all indirect expenses. All permitting, application, and similar project fees will be paid directly by the Client. The Lump Sum fee breakdowns above are provided for budgeting purposes only and are not intended to represent a specific budget for each lump sum task. KHA reserves the right to reallocate the lump sum budget among tasks as determined necessary by KHA. Lump Sum fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. KHA will provide the Reimbursable Tasks identified in the Scope of Services on a labor fee plus expense basis, not to exceed the sum of $84,025 for the reimbursable tasks, which includes all reimbursable expenses. The not to exceed amount will not be exceeded without the client's prior written approval and amendment of this Agreement. The reimbursable fee breakdowns above are provided for budgeting purposes only and are not intended to represent a specific budget for each reimbursable task. KHA reserves the right to reallocate the reimbursable budget among tasks as determined necessary by KHA. ATTACHMENT "B" COMPENSATION Labor fees will be billed according to the attached rate schedule, which is applicable for up to one year after the date of execution of this Agreement. Direct reimbursable expenses such as express delivery services, fees, and other direct expenses will be billed at 1.10 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Reimbursable fees will be invoiced monthly based on the actual amount of services performed and expenses incurred. Payment of all fees will be due within 30 days of your receipt of the invoice. SUMMARY OF TOTAL PROJECT FEES Consulting Firm Prime Responsibility Amount Prime Consultant: Kimley- Horn and Tasks 1.4 & 6 (Lump Sum) $322,000 Associates, Inc. Kimley- Horn and Tasks 5.7 (Reimbursable) $35,600 Associates, Inc. Subtotal $357,600 78.8% Proposed M/WBE Sub -Consultants Amount T.Smith Inspection & Task 3 Geotechnical $2,500 Testing (TSIT) Services GM Enterprises Task 3 Geotechnical $2,500 Services Gram Traffic Task 3 Preliminary Design $23500 Counting, Inc. PIC Printing, L.L.C. Task 5 Record Drawings $22000 Gorrondona & Task 6 Design Survey $35,175 Associates, Inc. (lump sum) Gorrondona & Task 6 Survey —SUE $242425 Associates, Inc. (reimbursable) ATTACHMENT "B" COMPENSATION Gorrondona & Task 7 ROW/ESMT $221000 I Associates, Inc. Determination (reimbursable) Subtotal $91,100 20.1% Non-M/WBE Sub - Consultants: Landtec Engineers Task 3 Geotechnical $5,000 Services Subtotal $5,000 1.1 % Total $453,700 100% City M/WBE Goal = 20% Kimley-Horn and Associates, Inc. Senior Professional I Senior Professional II Professional Designer Technical Support Clerical/Administrative Support Effective January 1, 2012 Standard Rate Schedule (Hourly Rate) $180 - $220 $140 - $185 $80 - $125 $120 - $135 $60 - $110 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Old Decatur Road - McLeroy Blvd. to Longhorn Road City Project No. 01807 There are no changes to the Standard Agreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of i Consulting Contract Schedule Specifications FO RT WO RT H City of Fort Worth Capital Improvement Program Attachment D -Project Schedule This PROTECT requires a Tier 3 schedule as defined 1wrein and in 11w City'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 Attachment D -Project Schedule This PROTECT requires a Tier 3 schedule as defined 1wrein and in 11w City'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 �' � r" J1;i��,�° I. � •�a!;• ; °.b del � � �'� ' '1 1 }"�, f•. . No k• TONI o Im I him t i MCLERO t A.F y IT hII;' Mimi 4 to "Not Nor r IN r m 4 r t ; , IF 14 r-. --.'•J . {kiln xl IF;,.him DIVIDED ARTE1 WITH E31KE LANES t (t Nor oilFit `IF _ ll °. — 11. -Ifi:r 1Ff _ whim.3_ W IF 4 • • • 'It _NEIGHBORHOOD� i _ • • • hh _Fill {1 hill. it Nom I hill till J lIF i t-R,a: w• i JD s\ i ^, pl 1s+ CROMWELL M E QjiE l rtf' :>, r ddd 111, No Now Is A Fri IF mi" IF III A IF INTERSECTION IMPROVEMENTS m D •hit � ';th Z • iF mmi•L-) IF J f!. 1. -. A T m tr q N : . $q LONGHORN RD -'j _` t .}•, _ - - _ IN FImA i-11 v 1 i t_ .,IN f .dr.->, Ji Ath LL hr it pp 4 IF 4 it A ; i ' • ; F P ;r himmi .�..• - f� 'I — A Iii NIP. 141 _ 1 1pp 4tt ` 141, 1 i t IF It l i f_ City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/17/2012 DATE: Tuesday, July 17, 2012 REFERENCE NO.: **C-25728 LOG NAME: 200LD DECATUR DESIGN MCLEROY TO LONGHORN SUBJECT: Authorize Execution of an Engineering Agreement with Kimley-Horn and Associates, Inc., in the Amount of $453,700.00, for the Design of Old Decatur Road from McLeroy Boulevard to Longhorn Road (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering Agreement with Kimley- Horn and Associates, Inc., in the amount of $453,700.00 for the design of Old Decatur Road from McLeroy Boulevard to Longhorn Road. DISCUSSION: This Agreement is for design services associated with expanding Old Decatur Road from athree-lane undivided roadway to a four -lane divided arterial from McLeroy Boulevard to Longhorn Road in accordance with the City's Master Thoroughfare Plan. The 2008 Bond Program included funds for the project design. Kimley-Horn and Associates, Inc., has proposed to complete the final design plans and specifications for a fee of $453,700.00. Staff considers this fee to be fair and reasonable for the scope of services to be performed. In addition $45,000.00 will be utilized for project management, real property, utility review and design review. Kimley-Horn and Associates, Inc., is in compliance with the City's MNVBE Ordinance by committing to 20 percent M/WBE participation. The City's goal on this project is 20 percent. This project is located in COUNCIL DISTRICT 7, Mapsco 33X, 476 and 47C. 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/AccountlCenters CERTIFICATIONS: FROM Fund/Account/Centers C204 531200 207230180730 C204 531200 207230180751 C204 531200 207230180780 $331,000.00 $89,700.00 $33,000.00 Logname: 200LD DECATUR DESIGN MCLEROY TO LONGHORN Page 1 of 2 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W. Wiersig (7801) Patrick Buckley (2443) ATTACHMENTS 1. 01807 200LD DECATUR DESIGN MCLEROY TO LONGHORN .docx (CFW Internal) 2. 17. 20 Old Decatur Rd Design McElroy to Longhorn.PDF (CFW Internal) 3. AttachmentA FTW OldDecaturRoad McLero ty oLonghorn.doc (CFW Internal) 4. ATTACHMENTB KH Old Decatur Longhorn to McLeroy 01807.doc (CFW Internal) 5. C204 99901 available funds.docx (CFW Internal) 6. Contract Compliance Memo-01807.pdf (CFW Internal) 7. FAR01 01807 Design Old Decatur KH.pdf (CFW Internal) 8. Location Map 01807 Old Decatur McLeroy to Lonahorn.pdf (Public) Logname: 200LD DECATUR DESIGN MCLEROY TO LONGHORN Page 2 of 2