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Item 4BCITY OF SOUTHL_AKE MEMORANDUM (May 4, 2010) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve a professional services agreement for the design of FM1938 Phase 2 with TranSystems Corporation in the amount of $1,498,107.13 Action Requested: Approve a professional services agreement for the design of FM1938 Phase 2 with TranSystems Corporation in the amount of $1,498,107.13. Background Information: FM 1938 is a joint project with the Cities of Southlake and Keller, the Town of Westlake, Tarrant County, the Texas Department of Transportation (TxDOT), and the Regional Transportation Council (NCTCOG — RTC). On August 23, 2007, the Texas Department of Transportation executed Minute Order #111060 designating FM 1938 onto the state highway system from the intersection of Southlake Blvd (FM 1709) to the intersection of State Highway 114. This action allows available State and Federal funds to be used for construction of the roadway. The Cities of Southlake and Keller, the Town of Westlake, and Tarrant County agreed to provide design engineering services and right of way to TxDOT for the project. On March 5, 2002, the City of Southlake entered into an Interlocal Agreement with Tarrant County, the City of Keller, and the Town of Westlake for the joint acquisition of right -of -way necessary to make the roadway improvements to FM 1938 from FM 1709 to State Highway 114. Tarrant County agreed to fund the cost of the right of way and provide the acquisition services necessary to obtain the right -of- way. Construction of FM1938 Phase 1 is anticipated to begin in Spring 2010 for the section of roadway within the Town of Westlake. FM1938 Phase 1 will be a 6 lane roadway and will transition to a 4 lane roadway south of Dove Road in the Town of Westlake and will continue approximately 300 If south of the Randol Mill Road in Southlake. FM1938 Phase 2 will continue as a 4 lane roadway from the Randol Mill bend and transition to a 6 lane roadway at Johnson Road and will include improvements to the intersection of FM1938 and Southlake Boulevard (FM1709). Design of the roadway will include pavement design, drainage basin detention, structural retaining wall design, as needed, utility relocation design, and ROW documents for acquisition by Tarrant County. Design will also include a preliminary concept landscape design for the FM1938 medians. TranSystems will also prepare the contract documents and assist in the bid phase of the project. TranSystems will also provide general representative inspection services during construction of the TxDOT project by making periodic site visits to observe the progress of the construction and the quality of the work. TranSystems will also be addressing any Requests for Information (RFI) that are developed by the contractor. The design schedule anticipates completion of the design contract in the Fall of 2011. Construction funding is programmed in the approved FY 2010 and proposed FY 2011 CIP Budgets. Previously, the City of Southlake has expended funds toward the design of Phase I of this project in the amount of $235,171. Tarrant County, through efforts of Precinct III Commissioner Gary Fickes, has committed funding toward the FM1938 roadway expansion project. A portion of the Tarrant County funds have been expended on Phase I of the project. Staff will be presenting an Interlocal Agreement for Council's consideration on an upcoming Council agenda. Based upon discussions with City of Keller staff, staff will be presenting an Interlocal Agreement for Council's consideration on an upcoming Council agenda addressing Keller's participation. The anticipated construction cost projection for Phase II is $20,928,948. Based upon this construction cost estimate, the engineering fee is approximately 7.2% of the construction cost. It should be noted that this fee includes both Basic as well as Special Services. A substantial portion of the fee is Special Services for surveying and ancillary services required in order to provide the engineering design services. Financial Considerations: Funds for the FM 1938 Phase 2 engineering design are included in the General Fund CIP. These funds have been included in successive CIP Budgets from 2001 to present. Currently, there is an available balance of $1,274,966.00 in the CIP fund for FM 1938, Phase 2 following prior expenditures of $235,171 for previously incurred engineering fees. Staff anticipates participation by Tarrant County of approximately $450,000 for engineering and participation by Keller in the amount of $260,000 (25% of the remainder) for engineering. Tarrant County will also provide an unspecified amount for right of way acquisition. Southlake's net obligation under this contract should be approximately $790,000 with participation by Tarrant County and Keller. Pending completion of the interlocal agreements, Staff proposes to utilize short term intrafund transfers to ensure the contract is fully funded. Strategic Link: The construction of FM1938 Phase 2 links to the city's strategy map relative to the focus areas of Mobility, Partnerships and Volunteerism, Infrastructure, and Performance Management and Service Delivery. The specific corporate objectives that are met by the construction of this project include: Provide travel convenience within City and region, Collaborate with select partners to implement service solutions, Investing to provide and maintain high quality public assets, and Providing High Quality Customer Service. Citizen Input/ Board Review: N/A Legal Review: This is the standard professional services contract that has been previously reviewed by the City Attorney. Alternatives: The City Council may approve the professional services agreement with TranSystems Corporation or deny it. Supporting Documents: Location Map TranSystems Corporation Contract, Scope and Fee Project Schedule Staff Recommendation: Approve a professional services agreement for the design of FM1938 Phase 2 with TranSystems Corporation in the amount of $1,498,107.13. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Cheryl Taylor, P.E., Civil Engineer 40 r PER • IS •• • a� J i, I W W a fT� W O :0L mw Q ti W 7 LU 0 W J W Y (`J cc m 0 1t AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made this day of , 2010 by and between the City of Southlake, Texas (hereinafter referred to as "CITY "), and TranSystems Corporation (hereinafter referred to as "ENGINEER "). WHEREAS, CITY contemplates the need to make improvements to FM 1938 from Southlake Boulevard (FM 1709) to Randol Mill Bend. This project is to be known as the FM 1938 — Phase II project and hereinafter referred to as the "Project ". WHEREAS, ENGINEER is qualified, able, and desirous of performing the necessary engineering work upon which the Project is based and is willing and able to work with CITY staff to organize and coordinate the professional services necessary to complete the Project. NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER agrees to perform, the engineering work for the Project, as more fully described herein below, and CITY agrees to pay as compensation, and ENGINEER agrees to accept as compensation, the payments on the dates and in the amounts herein specified, all in accordance with the terms more fully set out below and as provided in Attachment which is attached hereto and incorporated by reference as if fully set forth herein. I. ARTICLE ENGINEERING SERVICES A. Scope of Work ENGINEER will provide the supervision, direction, personnel and equipment to perform the engineering Services outlined in Attachment A in accordance with the terms set forth in this Agreement and in Attachment A. B. Definitions. Services refers to the professional services performed by ENGINEER pursuant to this Agreement. C. Changes. CITY, without invalidating the Agreement, may order changes within the general scope of the work required by the Agreement by altering, adding to and /or deducting from the work to be performed. If any change causes an increase or decrease in ENGINEER's cost of, or the time required for, the performance of any part of the Services under the Agreement, an equitable adjustment will be made by mutual agreement and this Agreement shall be modified in writing accordingly. Page 1 D. Coordination With Owner. The CITY shall make available to ENGINEER for use in performing Services hereunder all existing plans, maps, field notes, statistics computations and other data in the CITY's possession relative to existing facilities and to the Project. E. Site and Local Conditions. ENGINEER has the right to examine the site in order to become acquainted with local conditions and accepts conditions at the site unless otherwise noted in writing to the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER from its responsibilities specified hereunder. Necessary arrangement for access to any site by ENGINEER's employees will be made with CITY. F. Assignment and Subcontractors /Third Party Rights. The rights and obligations covered herein are personal to each party hereto and not to any third party and for this reason neither this Agreement nor any contract hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER subcontract any of its obligations under this Agreement without the prior consent of CITY. G. Independent Contractor. ENGINEER covenants and agrees that it will perform the work hereunder as an independent contractor, and not as an officer, agent, servant, or employee of CITY; that ENGINEER shall have exclusive control of and exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants, that the doctrine of respondent superior shall not apply as between CITY and ENGINEER, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and ENGINEER. H. Disclosure. By signature of this contract, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed Project and business relations with abutting property owners. ENGINEER further warrants 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. Finally, Engineer warrants that it has submitted to the City a completed Conflicts of Interest Questionnaire as required by Chapter 176 of the Texas Local Government Code. Page 2 I. Approval by CITY. Approval by CITY of this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees, and subcontractors for the accuracy and competency of the Services performed under this Agreement, including but not limited to surveys, designs, working drawings and specifications and other engineering documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by CITY for any negligent act, error, or omission in the performance of ENGINEER's professional services or in the conduct or preparation of the subsurface investigations, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subcontractors, it being the intent of the parties that approval by CITY signifies the CITY's approval of only the general design concept of the Improvements to be constructed. J. Indemnification. ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION OR NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL, AT ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS. K. No Third Party Beneficiary. For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) this Agreement only affects matters /disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with CITY and ENGINEER, or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations they owe to either CITY or ENGINEER. L. Successors and Assigns. CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party to this Agreement and to the successors, executors, administrators and assigns of such other party with respect to all covenants Pale 3 of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in this Agreement without prior written consent of the other. II. ARTICLE CITY'S RESPONSIBILITIES CITY will: 1. Provide full information as to CITY's requirements for the Project; 2. Assist ENGINEER by placing at ENGINEER's disposal all information in CITY's control or knowledge which is pertinent to the Project, including executed right -of -way easements and final field survey data; 3. Examine all work presented by ENGINEER and respond within reasonable time and in writing to the material submitted by ENGINEER; 4. Pay all costs incident to advertising for obtaining bids or proposals from Contractors; 5. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any defect in ENGINEER's work or in Contractor's work; 6. Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the CITY's decisions; 7. Provide all information and criteria as to the CITY's requirements, objectives, and expectations for the Project including all numerical criteria that are to be met and all standards of development, design, or construction. 8. Provide to the ENGINEER all previous studies, plans, or other documents pertaining to the Project and all new data reasonably necessary in the ENGINEER's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the ENGINEER may rely; and 9. Arrange for access to the site and other private or public property as required for the ENGINEER to provide its services. 10. Provide any other information or assistance as outlined in Attachment B hereto. Page 4 III. ARTICLE COMPENSATION FOR ENGINEERING SERVICES The CITY shall compensate ENGINEER for services rendered under this Agreement, in accordance with the following: For the completion of the work contemplated in Article I, the ENGINEER shall be paid on a lump sum basis in the amount of $805,206.97 for Basic Services and on an hourly basis plus expenses in an amount not to exceed 692,900.16 (as outlined in Attachment C) with a total not to exceed cost ceiling of $1,498,107.13 as billed monthly by ENGINEER. IV. ARTICLE TIMES OF BILLING AND PAYMENT The ENGINEER shall bill CITY monthly for costs incurred in accordance with the work performed provided the limits set out in Article III hereof have not been exceeded. Payment shall be due within thirty (30) days of receipt by CITY of a properly prepared and correct invoice from ENGINEER. ENGINEER's invoices shall be accompanied by such records or other written proof as CITY deems necessary to verify the billings. Remittances shall be made to ENGINEER's office at 500 West 7 Street, Suite 1100, Fort Worth, Texas 76102. If CITY fails to make payment due ENGINEER within thirty (30) days of the day when payment for services and expenses is due under the terms of this Agreement, ENGINEER shall be entitled to interest on such unpaid sums at the rate provided in Chapter 2251 of the Texas Government Code. V. ARTICLE ADDITIONAL ENGINEERING SERVICES In addition to performing the engineering services set out in Article I, hereof, ENGINEER agrees to perform additional services as requested by CITY from time to time and CITY agrees to compensate ENGINEER for such services in accordance with ENGINEER's standard hourly fee (see Attachment D) as determined by the actual costs incurred and by actual time expended, such services to be one or more of the following: 1. Make or prepare detailed description of sites, maps, or drawings related thereto and outside the scope of the Project; 2. Appearances before courts or boards on matters of litigation or hearings related to the Project; 3. Preparation of environmental impact assessments or statements for any governmental agency; Pa 'ue 5 4. Miscellaneous engineering work for CITY not related to the Project; 5. To provide resident project construction inspection, unless such inspection is not required, in writing, by the CITY; 6. Other services agreed to by the parties in writing and incorporated herein. VI. ARTICLE STANDARD OF CARE In performing its professional services, the ENGINEER will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the ENGINEER's undertaking herein or its performance of services, and it is agreed that the ENGINEER is not a fiduciary with respect to the CITY. VII. ARTICLE PERIOD OF SERVICE This Agreement shall be effective upon execution by CITY and ENGINEER, and shall remain in force until work is completed on the Project or until terminated under the provisions hereinafter provided in Article VIII. VIII. ARTICLE TERMINATION The CITY may terminate this Agreement at any time for convenience or for any cause upon ten (10) days written notice to the ENGINEER. Upon receipt of such notice the ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. The ENGINEER, upon termination, shall be paid for all services rendered through the date of termination together with any additional reimbursable expense then due. IX. ARTICLE OWNERSHIP OF DOCUMENTS 1. All completed or partially completed reports prepared under this Agreement, including the original drawings in both paper and electronic Page 6 formats, shall become the property of CITY if this Agreement is terminated. Upon completion and payment of the contract, the final design, drawings, specifications and documents in both paper and electronic formats shall be owned by CITY. 2. Reuse, change or alteration by CITY or others acting by or on behalf of CITY of such documents without the permission of ENGINEER shall be at CITY's sole risk. X. ARTICLE INSURANCE ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's expense, insurance of the type and of minimum coverage limits as follows: 1. Workers Compensation - Statutory Employer's Liability - Limits as required by the State of Texas. 2. Comprehensive General Liability, Bodily Injury and Property Damage including contractual liability in a combined single limit - $500,000 per occurrence. 3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in a combined single limit - $1,000,000 per accident. Certificates of insurance for the above coverage in a form acceptable to CITY, evidencing the coverage required above, shall be provided to CITY upon execution of this Agreement. Such certificates shall provide that the insurer will give CITY not less than ten (10) days notice of any material changes in or cancellation of coverage. In the event any subcontractor of ENGINEER, with or without CITY's consent, provides or renders services under this Agreement, ENGINEER shall ensure that the subcontractor's services are covered by the same insurance limits as set forth above. ENGINEER shall not commence work under this Agreement until it has obtained Professional Liability (Errors and Omissions) Insurance as required hereunder and such insurance coverage has been approved by CITY. Such insurance shall be in the minimum amount of $1,000,000 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained until one (1) year after CITY's acceptance of the construction project and shall not be canceled without prior written notice to CITY. In this connection, upon the signing and return of this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as evidence that the insurance coverage required herein has been obtained by ENGINEER, and such certificate shall contain the provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to CITY. ENGINEER shall notify CITY within ten (10) days of any modification or alteration in such Professional Liability (Errors and Omissions) Insurance. Page 7 XI. ARTICLE AUTHORIZATION, PROGRESS AND COMPLETION CITY and ENGINEER agree that the Project is planned to be completed by September 30, 2011. ENGINEER shall employ manpower and other resources, and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond its control. By mutual agreement, CITY and ENGINEER may modify the Project schedule during the course of the Project and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to CITY's approval. It is understood that this Agreement contemplates full and complete engineering services for this Project, including any and all Services necessary to complete the work. For additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services, and the basis for compensation as agreed upon by CITY and ENGINEER. XII. ARTICLE NOTICE Any notice required under this Agreement will be in writing and given either personally, by registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, addressed to the parties as follows: If to CITY: Shana Yelverton City Manager City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 Phone: 817- 748 -8400 Fax: 817- 748 -8010 If to ENGINEER: Raul Pena III, P.E. Senior Vice President TranSystems Corporation Consultants 500 West 7 Street, Suite 1100 Fort Worth, Texas 76102 Phone: (817) 339 -8950 Fax: (817) 336 -2247 Page 8 All notice shall be effective upon the date of receipt. XIII. ARTICLE SEVERABILITY In the event that any provision of this Agreement shall be found to be void or unenforceable, such finding shall not be construed to render any other provisions of this Agreement either void or unenforceable. All provisions, which are void or unenforceable, shall not substantially affect the rights or obligations granted to or undertaken by either party. XIV. ARTICLE VENUE -LAW Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF the parties have caused this Agreement to e executed in two equal originals on the date and year first above mentioned. CITY OF SOUTHLAKE By: John Terrell, Mayor ATTEST: By: City Secretary Page 9 ENGINEER: TRANSYSTEMS CORPORATION Raul Pena, III, P.E., Senior Vice President THE STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared known to me [or proved to me on the oath of or through (description of identity card or other document)] to be the person whose name is subscribed to the foregoing instrument and that he /she is the duly authorized of , and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of A. D. (SEAL) Notary Public, State of Texas Notary's Name Printed Page 10 ATTACHMENT A SERVICES TO BE PROVIDED BY THE ENGINEER The City of Southlake (hereinafter to be referred to as the City) has commissioned the services of TranSystems, Inc. (hereinafter to be referred to as the Engineer) to serve as the Engineer on this project. The Texas Department of Transportation (hereinafter to be referred to as TxDOT) will require special coordination as the project will be let through the TxDOT letting system. Preliminary Studies and Design A. Design Criteria. The Engineer shall design the project according to the approved design criteria. Plans and specifications will be prepared in the TXDOT format. The Engineer shall supply project specific design criteria (typical sections, estimate, design exceptions, etc.) to be inserted into the Design Elements form for discussion at the Design Concept Conference (DCC). B. Data Collection. The Engineer shall collect, review and evaluate data described below. The Engineer shall notify the City in writing whenever the Engineer finds disagreement with the information or documents: I. Data, if available, from the City and TxDOT, including "as -built plans ", existing schematics, right -of -way maps, SUE mapping, existing cross sections, existing planimetric mapping, environmental documents, existing channel and drainage easement data, existing traffic counts, accident data, BRINSAP records, PMIS data, identified endangered species, identified hazardous material sites, current unit bid price information, current special provisions, special specifications, and standard drawings. 2. Documents for existing and proposed development along proposed route from local municipalities and local ordinances related to project development. 3. Utility plans and documents from appropriate municipalities and agencies. 4. Readily available flood plain information and studies from the Federal Emergency Management Agency (FEMA), the U. S. Army Corps of Engineers, local municipalities and other governmental agencies in addition to that provided by the City. C. Field Reconnaissance. The Engineer shall conduct field reconnaissance and collect data including a photographic record (to be maintained in Engineer's office) of notable existing features. D. Design Concept Conference. The Engineer, in cooperation with the City and TxDOT shall plan, attend and document a Design Concept Conference (DCC). The conference will provide for a brainstorming session in which decision makers, stakeholders and technical personnel may discuss and agree on: 1. Roadway and drainage design parameters 2. Project development schedule 3. Other issues as identified by the City E. Design Schematic. The Engineer will update the design schematic to current TxDOT design criteria and topographic features. F. Geotechnical Borings. The Engineer will hire a geotechnical firm to provide the existing soil conditions, retaining wall global stability analysis and pavement design analysis for this project. PUBLIC INVOLVEMENT A. Public Involvement. The Engineer shall provide technical assistance, preparation of exhibits for, and minutes of, two (2) meetings to inform the public of impacts to neighborhoods and businesses due to roadway shutdowns, detours and access restrictions. RIGHT -OF -WAY (ROW) DATA A. Right -of -Way Map. 1. Deed research a. Using the owner information gathered for right of entry, obtain copies of the vesting deeds, plats and other records for the affected parcels and the adjoining properties. Estimated 86 properties. b. Prepare a working sketch from the deed research of the affected and adjoining parcels 2. Field boundary investigation- Estimated 43 Parcels a. Search and tie both front and rears corners of the affected parcels. b. Make an on the ground survey of any improvements severed by the proposed right- of -way line c. A registered surveyor will be in the field to direct the boundary investigation 3. Boundary resolutions a. Overall parcel boundaries will be reconstructed in accordance with the Texas Board of Professional Land Surveying standards 4. An overall base map of the project will be developed 5. Prepare right -of -way maps, parcel descriptions and parcel plats in accordance with TxDOT Fort Worth District standards. Estimated 86 Parcels 6. Deliverables in accordance with the Fort Worth District standards a. One full size right of way map on paper, Scale V = 50'(22" x 34 ") b. Three half size right of way maps on paper, Scale 1" = 100' (11' x 17 ") c. One set of folders for each Parcel, Parts 1 & 2, etc.., would be considered one folder. With one (copy signed and sealed) legal, sketch, closure sheet, parent tract deed (& Bi- Section if applicable) secured inside on the right side. Note: Just pencil on tab of folder what Parcel no. and FTW District will make the label d. Three copies (signed & sealed) of each legal and sketch loose inside of folder e. Two separate sets (copies) of legal and sketch on each parcel f One separate set of Originals signed and sealed by R.P.L.S. legal & sketch 2 g. CD with DGN Master File, Map Sheets, Excel Point List and Raw Data File and /or Field Notes h. Control points with coordinates on Excel Point List 7. Right -of -way staking a. Stake the proposed right -of -way line one time with wooden lathes at an approximate 100' interval or line of sight b. Stake for construction offsets to proposed TxDOT Type 11 concrete monuments along the proposed right -of -way at all PCs, PT, PI and at a maximum of 1500' spacing. Once monuments have been constructed by the contractor, punch brass cap with exact location of ROW. Set smooth iron rods and TxDOT caps at all PCs, PTs, PIs and at a maximum of 1500' spacing. Estimating 80 Irons will be required. c. Stake each property line crossing the proposed right -of -way with a 5/8 inch smooth iron rod and aluminum TxDOT cap. Estimating 50 Irons d. Stake all remaining corners of the taking parcel and rear corners of the parent parcel as needed with 5/8 inch iron rod with a TranSystems plastic cap. Estimating 65 Irons e. TxDOT to supply the smooth 5/8 inch iron rods and the brass and aluminum TxDOT right -of -way caps 8. Any necessary traffic control will be in accordance with current TxDOT Traffic Control Plan for Surveying Operations B. Utility Locations (SUE Survey). 1. Develop quality Level `B" SUE only. The Quality Level "B" SUE is limited to designating those utilities that have been installed within the project limits since the previous Quality Level `B" SUE was completed by G &AI in 2008. Quality level "B" SUE is defined as two - dimensional (x, y) information obtained through the application and interpretation of non - destructive surface geophysical methods. Also known as "designating" this quality level provides the horizontal position of subsurface utilities within approximately one foot 2. Survey required for collection of SUE data 3. Deliver updated Quality Level "B" SUE on 11x17 plans depicting the type and horizontal location of the designated utilities FIELD SURVEYING AND PHOTOGRAMMETRY All available existing field surveying and photogrammetry will be provided by the City. A. Aerial Survey. 1. Digital Planimetric Mapping a. Digital data collected at 1 " =50' scale for selection for features that are identifiable or interpretable from aerial photographs b. Digital planimetric data to be provided in 2D Mircostation format. 2. Digital Terrain Model (DTM) Development 3 a. Developed using the specified breakline random point method b. Data collected to accurately depict the terrain and meet and /or exceeds the specified accuracy requirements for maps with 1' contours c. DTM to be provided in GEOPAK format d. DTM to be provided on CD e. Develop TIN file using breaklines and mass points 3. Digital Orthophoto Development a. Produce digital orthophotos of the specified area b. Provide a 0.25' pixel resolution c. Delivered in Tiff with Tiff world files and Descartes "hmr" format B. Design Survey. 1. Secure right of entry for survey crews a. Research tax records for approximately 150 parcels to request right of entry. Additional parcels over the estimated actual takes for placement of aerial panels, adjoining parcels, and stream sections b. Stake holder responses logged in a database detailing any conditions or requirements for entry c. Provide excel spreadsheet with stakeholder's address and status 2. Establish horizontal and vertical control a. Control points will be set at approximately 1500' intervals b. Points will be located in areas that will be protected as much as practical from future construction c. Coordinates and elevations will be based on the TxDOT Fort Worth District VRS network. Differential levels will be run between control points for vertical quality d. Previous control points set by others (G &AI) will be tied. If possible a translation and rotation factor will be determined to match current TxDOT control 3. Establish aerial panels a. Panels will be set at approximately 1800' intervals b. Wing panel set 300' either side of centerline c. Elevations to be established by differential leveling. d. Panels will be removed from private property after the aerial data is confirmed 4. Supplemental topographic surveys a. Perform on the ground surveys of the areas that were obscured by vegetation or other causes from the aerial mapping. b. Check aerial information for accuracy c. Locate underground utilities as marked by others (SUE) d. Detail drainage structures e. Verify top and flow line elevations of wet utilities. f Centerline profiles of existing cross streets a total of 700', of which 500' will extend past the proposed tie in point. 5. Stream cross sections a. Estimating 5 locations El b. 4 sections per location 6. Geotech a. Estimating 15 bore locations. b. Locations will be marked and actual location of bore will be surveyed after drilling. ROADWAY DESIGN A. Roadway Design. The Engineer shall provide roadway plan and profile drawings using CADD standards as required by TxDOT. The drawings shall consist of a planimetric file of existing features and files of the proposed improvements. The roadway base map shall contain line work that depicts existing surface features obtained from the schematic drawing. Existing major subsurface and surface utilities shall be shown. Existing and proposed right -of -way lines shall be shown. Plan and Profile to be shown on separate or same sheets (this depends upon width of pavement) for main lanes. 1. The Plan view shall contain the following design elements: a. Calculated roadway centerlines for new main lanes, and cross streets. Horizontal control points shall be shown. The alignments shall be calculated using GEOPAK. b. Pavement edges for all improvements (main lanes, cross streets, and driveways). c. Lane and pavement width dimensions. d. The geometrics of auxiliary lanes. e. Proposed structure locations, lengths and widths. f Direction of traffic flow on all roadways. Lane lines and /or arrows indicating the number of lanes shall also be shown. g. Drawing scale shall be F =50' h. Control of access line, & ROW lines and easements. i. Begin /end superelevation transitions and cross slope changes. j . Limits of riprap, block sod, and seeding. k. Existing utilities and structures. 1. Benchmark information. m. Radii call outs, curb location, safety items and American with Disabilities Act Accessibility Guidelines (ADAAG) compliance items. 2. The Profile view shall contain the following design elements: a. Calculated profile grade for proposed main lanes and cross streets. Vertical curve data, including "K" values shall be shown. b. Existing and proposed profiles along the proposed centerline of the main lanes. c. Drawing vertical scale shall be distorted 10' vertical to 1' horizontal. B. Typical Sections. Typical sections shall be required for all proposed and existing roadways and structures. Typical sections shall include width of travel lanes, shoulders, outer separations, border widths, curb offsets, and ROW. The typical section shall also include PGL, centerline, pavement design, longitudinal joints, side slopes, sodding /seeding limits, concrete traffic barriers and sidewalks, if required, station limits, common proposed /existing structures including retaining walls, riprap, limits of embankment and excavation, etc. 5 C. Main Lane Road Design. The Engineer shall provide the design as shown on the approved updated schematic. The design shall be consistent with the current TxDOT Roadway Design Manual. D. Cross Streets. The Engineer shall provide an intersection layout detailing the pavement design and drainage design at the intersection of each cross street. The layout shall include the curb returns, geometrics, transition length, stationing, pavement and drainage details. The Engineer shall design for full pavement width to the ROW and provide a transition to the existing roadway. E. Cut and Fill Quantities. The Engineer shall develop an earthwork analysis to determine cut and fill quantities and provide final design cross sections at 100 feet intervals. Cross sections shall be delivered in standard GEOPAK format on 11"x17" sheets and electronic files. The Engineer shall provide all criteria and input files used to generate the design cross sections. Cross sections and quantities shall consider existing pavement removals. Two sets of drawings shall be submitted by the Engineer at the 60% and final submittals, respectively. F. Pavement Design. The Engineer shall incorporate the pavement design developed by the Geotechincal Engineer and approved by TxDOT for this project. G. Estimate. The Engineer shall independently develop and report quantities in standard TxDOT bid format at the 60 %, 90% and Final PS &E submittals. DRAINAGE DESIGN This contract does include the detailed design of outfall improvements outside of the right of way, and for ditch outfall transitions of cross drainage culvert structures to the existing ditch. Preliminary hydraulic design of all drainage structures (culverts, storm sewers, channels, etc.) shall be submitted to the City and State for review. This preliminary submission shall include the overall drainage plan, structure layout, and hydraulic computations. All hydraulic design shall be in accordance with the TxDOT Hydraulic Manual or agreed upon requirements, except where variances are permitted in writing by the City and /or State. A. Hydrologic Studies, Discharges. 1. Drainage area maps showing existing conditions and proposed improvements 2. Determine 2, 10, 25, 50 and check 100 yr design floods 3. Show Natural Ground Profile 4. Show Proposed Roadway Profile(s) 5. Identify Existing drainage outfalls 6. Identify all existing waters (i.e. creeks, ditches) 7. Hydrologic data /discharge determination 8. Determine detention requirements and impacts to adjacent areas 9. Determine outfall impacts due to changes in collection method upstream (from overland /ditch to storm drain) 10. Review and Verify of Phase 1 drainage basin in Wildwood Estates completed by Graham Associates X B. Culvert and Storm Drain Design. 1. Hydraulic computations a. Culverts b. Storm Sewers c. Outfall s 2. Culverts (Plan and Profile) a. New culverts b. Culvert replacements 3. Storm sewers (Plan and Profile) a. New storm sewers b. Inlets c. Manholes d. Trunk lines 4. Outfall channel(s) 5. Summary of Quantities 6. Determine areas requiring trench protection, etc 7. Show all utility conflicts and minimize impacts and /or relocations where possible C. Storm Water Pollution Prevention Plans (SW3P). The Engineer shall develop SW3P, on separate sheets from (but in conformance with) the TCP, to minimize potential impact to receiving waterways. The SW3P shall include text describing the plan, quantities, type, phase and locations of erosion control devices and any required permanent erosion control measures. The Engineer shall use standard details where practical. No design and detailing of hydraulic structures have been included with this scope of work. SIGNING, MARKINGS AND SIGNALIZATION A. Signing. The Engineer shall prepare drawings, specifications and details for all signs and coordinate with the City for overall temporary, interim and final signing strategies and placement of signs. Sign detail sheets shall be prepared for small signs showing dimensions, lettering, shields, borders, corner radii, etc., and shall provide a summary of small signs. The Engineer shall also designate the shields to be attached to guide signs. The proposed signs shall be illustrated and numbered on plan sheets. Sign foundation shall be selected from TxDOT Standards and conform to MUTCD requirements The Engineer shall provide the following information on signing layouts: 1. Roadway layout. 2. Center line with station numbering. 3. ROW lines. 4. Culverts and other structures that present a hazard to traffic. 5. Location of utilities. 6. Existing signs to remain, to be removed, or to be relocated. 7. Proposed signs (illustrated and numbered). 7 B. Pavement Markings. The Engineer shall detail permanent and temporary pavement markings and channelization devices on plan sheets. The Engineer shall coordinate with the City for overall temporary, interim, and final pavement marking strategies. Pavement markings shall be selected from the latest TxDOT standards. The Engineer shall provide the following information on pavement marking layouts: 1. Proposed markings (illustrated and quantified) which include pavement markings, object markings and delineation. 2. Quantities of existing pavement markings to be removed. 3. Proposed delineators and object markers. 4. The location of interchanges, mainlanes, grade separations, frontage roads and ramps. 5. The number of lanes in each section of proposed highway and the location of changes in numbers of lanes. 6. ROW limits. 7. Direction of traffic flow on all roadways. C. Traffic Signalization. 1. Existing plan information will be obtained from TxDOT and the City, as available, including: a. Roadway plans for FM 1709 and more recent roadway projects along said road b. Existing traffic signal and interconnect plans c. Plat maps for adjacent properties In addition to existing plan information, other available information such as traffic counts and the type of existing controllers along the corridor will also be obtained. 2. Field check the base map, verifying critical dimensions such as roadway widths, lane widths, etc. 3. Contact power company to identify potential service feed locations. Once preliminary plans are completed, the plans will be sent to the utility company to continue coordination of power service. 4. Utilizing traffic count data provided by the City, perform a capacity analysis to evaluate appropriate lane configurations and signal phasing. 5. The location of the existing lighting will be discussed with the City to determine if additional lights are needed at the intersection, or if some of the lights should be shifted to the traffic signal mast arms. Power service for the lighting will be coordinated with the traffic signals, as necessary, either feeding lights on the mast arm poles from the existing lighting circuits or via a new circuit through the signal controller. Lighting and interconnect (if required) details and quantities will be incorporated into the signal plan sheets and details as necessary. 6. Preliminary plans will be submitted to the City, TxDOT and the utility companies for review. Once review comments are received, a meeting will be held with the City and TxDOT to review the comments, as necessary. 7. Final plans and construction cost estimates will be prepared, incorporating the review comments. LANDSCAPE A. Schematic Design. 0 1. Programming — Hold a pre- design conference to discuss City's Program and desire image for the project 2. Analysis — A analysis of the entire site, existing features and the urban design plan will be made 3. Streetscape Plan a. Develop one (1) schematic design that meets the criteria set forth in the Urban Design Plan for Landscape Developments of the medians and parkways b. Develop two (2) alternative plans with a reduced scope of work c. Prepare illustrative materials for public presentation 4. Irrigation - Develop a master layout for taps, meters, controllers, sleeves and main lines 5. Cost Estimate — Prepare for each of the three (3) alternatives RETAINING WALLS A. Structural Design Details (limited to approx. 4000 LF) 1. Spread Footing or MSE type walls B. Retaining Wall Layout (PLAN) 1. Designation of reference line 2. Beginning and ending retaining wall stations 3. Station of each retaining wall joint 4. Offset from reference line 5. Horizontal curve data 6. Number of retaining wall panels and lengths 7. Total length of wall 8. Indicate face of wall 9. All wall dimensions and alignment relations (alignment data as necessary) 10. Soil core hole locations based on information provided by TxDOT Geotechnical Design Manual C. Retaining Wall Layout (ELEVATION) 1. Top of wall elevations at each joint or interval 2. Existing and finished ground line elevations 3. Height of stem /panel at each joint 4. Wall panel designations 5. Top of footing elevations /leveling pads 6. Limits of measurement for payment 7. Type, limits and anchorage details of railing (If applicable) 8. Top and bottom of wall profiles and soil core hole data plotted at correct station and elevation. The plot shall be at the same scale as the wall profile. Ground water elevations and the observation date shall be shown based on the geotechnical information provided from the State. D. Foundation Studies E. Global Stability. Analyze wall for Rotational (Global) Stability. Analysis will be as directed by TxDOT Geotechnical Manual and shall have a minimum 1.25 factor of safety. 9 F. Estimate G. Summary of Quantities H. Typicals. Typical X- section(s), coring details and bridge abutment to wall details I. General Guidelines for Retaining Walls 1. The engineer shall make final design calculations and final detail drawings in accordance with standard requirements of the Texas Department of Transportation. The designer and checker shall check all calculations and initial each page. 2. For purposes of uniformity statewide, soil core hole data shall be shown on layouts as illustrated in the Bridges and Structures Foundation Exploration and Design Manual. 3. Foundation exploration provided by the State shall conform to the requirements set forth in Administrative Circular No. 25 -84, Administrative Circular 33 -87 and Administrative Circular No. 25 -92. J. Geotechnical Services for Retaining Walls 1. Subsurface Exploration a. Evaluate 17 boring to depths of 25 to 40 feet below existing ground on 500 foot centers b. Cohesive soil samples obtained using 3 -inch Shelby tube samplers c. Non - cohesive soil samples obtained using 2 -inch diameter standard split spoon samplers d. Rock to be evaluated using the TxDOT cone penetration tests e. Stake all boring locations using normal taping procedures, with approximate locations shown on the plan or borings f Backfill all bore holes with drill cuttings and plugged at surface with hand tamping 2. Laboratory Services a. Perform the following tests will be performed. Specific types and quantities will be determined based on geological conditions encountered in the borings 1. Moisture content and soil identification 2. Percent passing #4, #40, #200 sieve 3. Liquid and plastic limit determinations 4. Unconfined compression tests on soil 5. Direct shear strength on soil 6. Unit weight determinations Engineering Services a. Three (3) copies of the engineering report to present the results of the field and laboratory data with analyses and recommendations to address: 1. General soil and ground water conditions 2. Boring logs provided per TxDOT Wincor methodology 3. Potential vertical rise calculations per TxDOT Test Method TEX -124 -E 4. Recommendations for wall foundation, type, depth and allowable bearing 5. Foundation construction requirements 10 6. Recommended lateral pressures for the design of below -grade walls and retaining structures 7. Slope stability analyses for wall sections 8. Earthwork recommendations TRAFFIC CONTROL Traffic Control Plan, Detours and Sequence of Construction. The Engineer shall prepare Traffic Control Plans (TCP) for the project. A detailed TCP shall be developed in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways (Texas MUTCD). The Engineer is to implement the current Barricade and Construction (BC) standards as applicable. The Engineer shall interface and coordinate phases of work, including the TCP, with adjacent Engineers. A. The Engineer shall provide a written narrative of the construction sequencing and work activities per phase and determine the existing and proposed traffic control devices (regulatory signs, warning signs, guide signs, route markers, construction pavement markings, barricades, flag personnel, temporary traffic signals, etc.) to be used to handle traffic during each construction sequence. The Engineer shall show proposed traffic control devices at grade intersections during each construction phase (stop signs, signals, etc.). The Engineer shall show temporary roadways and detours required to maintain lane continuity throughout the construction phasing. B. Where detours are required, the Engineer shall develop typical cross sections, calculate quantities, and show horizontal and vertical alignment information. The Engineer shall provide a detailed layout and arrangement of construction signs, construction pavement marking, traffic control devices (including temporary signals and signal heads). C. Continuous, safe access to all properties during all phases of construction is mandatory. Approval from the City is required for any elimination of existing access capacity. D. The Engineer shall design temporary drainage to replace existing drainage disturbed by construction activities or to drain detour pavement. The Engineer shall show horizontal and vertical location of culverts and required cross sectional area of culverts. E. The Engineer shall identify and delineate any outstanding ROW parcels. ILLUMINATION A. Preliminary Roadway Illumination Layout and Sign Lighting Electrical Circuit Layout 1. Sign lighting circuits can be placed on Signing and Marking Sheets. Do not place roadway illumination on signing sheets. B. Final Roadway Illumination and Sign Lighting Electrical Circuit Layouts 1. Roadway layout showing pavement edges and shoulders, curbs, retaining walls, etc. 2. Center line with station numbering 3. ROW lines 4. Symbol legend. Use department standard symbols for lighting and electrical 11 5. Culverts and the other structures that present a hazard to traffic 6. Location of underground utilities, if not shown on plan profile 7. Location of overhead electrical lines, both crossing and parallel to ROW 8. Existing sign lighting circuits and roadway illumination to remain, to be removed, to be relocated 9. Existing service poles, electrical circuits, ground boxes, etc. 10. Contact electric utility for service pole locations, voltage characteristics 11. Location of proposed sign lighting circuits and roadway illumination. 12. Proposed electrical circuits. 13. Tabulation of all quantizes including proposed, existing to be relocated, existing to be removed. The layout sheet quantizes and lighting summary shall be shown. Tabulations to include estimated quantity with a column for final quantities UTILITY EXHIBITS The Engineer shall coordinate with the City regarding utilities. The Engineer shall prepare drawings using English units early in the design phase to be used as exhibits in utility agreements. The Engineer shall show existing utilities, including those in conflict with construction on this project. The Engineer shall prepare plans to avoid utility adjustments, if feasible. The Engineer shall incorporate all requirements identified in the utility agreements. The Engineer shall continue to maintain and update the utility exhibits as necessary. Identify and evaluate utility conflicts with proposed construction. Prepare and submit to the City, drawings for required utility agreement: A. An 11 x 17 inch reproducible drawing and title B. Each utility drawing will include the following: 1. Existing right of way lines 2. Existing or proposed roadways 3. Proposed storm sewers 4. Underground utility in plan and profile 5. Limits of existing pipe casing 6. Owner of utility 7. Control of access line 8. Benchmark data 9. Utility company construction contact and phone number 10. Typical section view lengthwise along all pipe alignments crossing under the pavement C. Copies of correspondence with utility companies (if any) D. Prepare a list of potential conflicts with existing utilities prior to the 30 percent submittal and at every milestone submittal date thereafter. This list must include highway station number, name of utility company and type of facility, proposed highway facility, the conflicts with storm sewer, roadway, drainage ditch and drilled shaft, etc. The Engineer shall maintain and update the conflict list as necessary. 12 CONSTRUCTION DOCUMENTS A. Specifications. The Engineer shall develop the list of standard specifications with the appropriate reference items to the estimate. The Engineer shall also identify the need for any special specifications and /or special provisions. The Engineer shall prepare General Notes (from TxDOT's Master List of General Notes), Special Specifications and Special Provisions for inclusion in the plans and bidding documents. The Engineer shall provide General Notes, Special Specifications and Special Provisions in rich text format. B. Construction Schedule. The Engineer shall prepare a construction contract time schedule using the latest version of Primavera or SureTrak software in accordance with TxDOT's Administrative Circular No. 17 -93. The schedule shall indicate tasks, subtasks, critical dates, milestones, deliverables and review requirements in a fonnat which depicts the interdependence of the various items, and adjacent construction packages. The Engineer shall provide assistance to the City in interpreting the schedule. 13 ATTACHMENT B SERVICES TO BE PROVIDED BY THE CITY Project Limits: Proiect shall extend along FM 1938 from 1,100 feet South of the Intersection of FM 1709 to 100 feet South of Randol Mill Bend The City will furnish to the Engineer the following items: 1. Available horizontal control points. 2. All electronic and paperwork existing project information from existing schematic, if available. 3. Existing facilities construction documents and "record drawings ". 4. Available traffic counts and design year traffic projections necessary to update and or upgrade the traffic signals at intersection of FM 1709 and FM 1938. 5. Available right -of -way maps. 6. The City will assist with all required permits and agreements. 7. Assistance will be provided to the Engineer to obtain the required data and information from other local, regional, City and federal agencies. 8. The City will coordinate and secure approval for any detour routes /roadway closures with EMS, school system, U.S. Mail, etc. 9. Design criteria for roadway, retaining walls, drainage, and hydraulics. 10. City shall provide all ROW data and field survey information required for project development. This shall include but not limited to: ownership and existing easement data in project area, existing ROW maps, surface location, size, and flow line elevations of existing utilities and storm drains, wire and low -wire elevations (telephone and electrical services that cross the project), aerial photogrammetry, topography generated from aerial flight, aerial survey and associated control, supplemental topographic surveys, surveys for design and project development, , all pole locations, and mailbox locations. Attachment C DESIGN FEE SUMMARY PAGE FM 1938 Task Name Performed by Basic Serv. Special Serv. Preliminary Studies and Design TranSystems $40,418.35 Public Involvement (2 meetings) TranSystems $8,157.77 Roadway Design TranSystems $247,842.87 Drainage TranSystems $269,731.92 Signing, Pavement Markings, Signalization TranSystems $91,574.28 Miscellaneous (Roadway) TranSystems $155,639.55 $186,314.47 Managing PS &E Services TranSystems $62,322.00 Design Surveys TranSystems (Survey) $112,649.43 ROW Surveys TranSystems (Survey) $190,452.56 Subsurface Utility Exploration Gorrondona $21,551.77 Landscaping and Aesthetics Thompson Landscaping $36,152.16 Geotechnical Investigations CMJ Engineering $39,250.00 Arial Photo and digital Ortho $21,340.00 Subtotal Engineering Costs $805,206.97 $678,190.16 TranSystems Reimbursable Costs TranSystems $14,710.00 Total Anticipated Fee for FM 1938 1 $1,498,107.13 FM 1938 TranSystems Fee Page 1 of 1 Attachment D SCHEDULE OF RATES For The Year Beginning January 1, 2010 General Labor Category GLC FW -202 Technician IV T4 95.55 Technician III T3 81.90 Technician I T1 50.00 Surveyor V S5 126.75 Surveyor IV S4 117.00 Surveyor III S3 75.00 Surveyor II S2 60.00 Surveyor I S1 50.00 Real Estate Specialist V RA5 115.00 Real Estate Specialist IV RA4 110.00 Real Estate Specialist III RA3 90.00 Real Estate Specialist II RA2 80.00 Real Estate Specialist I RA1 65.00 Structural Engineer IV ES4 145.00 Civil Engineer V / Principal EC5 214.50 Civil Engineer IV EC4 165.75 Civil Engineer III EC3 136.50 Civil Engineer II EC2 121.87 Civil Engineer I EC1 92.62 Marketing Administrator III AM3 104.25 Marketing Administrator II AM2 66.50 Marketing Administrator I AM1 40.00 Administrator II A2 58.50 Administrator I Al 39.00 2 Man Survey Crew 2M 126.75 GPS Survey Crew 1 M 100.00 FLT \ � �� Fl c, -- - - - - - - - - - - - - - - - - - - �2 �2 a . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - \ ! ,- �\ {.} \� I s RE E o P a \)))( } §)! } \ . 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