2016_04.18 TIRZ Packet ic
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TAX INCREMENT REINVESTMENT ZONE ONE
NONCOTIGUIOUS GEOGRAPHIC AREA, NEW HOPE ROAD & BLOXOM PARK ROAD
AGENDA
BOARD OF DIRECTORS - REGULAR MEETING
April 18, 2016
CITY HALL CONFERENCE ROOM, 405 MUNICIPAL DRIVE
REGULAR SESSION - 2:00 PM
I. CALL TO ORDER
II. ROLL CALL
III. MINUTES APPROVAL
A. Consider approval of minutes from the June 15, 2015 meeting
IV. REPORTS/ANNOUNCEMENTS
A. Discuss the current status of the Kennedale TIRZ
V. REGULAR ITEMS
A. Consider approval of design contract with Freese and Nichols for the design of a sewer line to
serve the Texas Raceway property
B. Consider approval of design contract with Freese and Nichols for the hydraulic analysis of the
bridge structures under the TxDOT bridge replacement program
C. Discuss potential TIRZ plan amendment to include park land acquisition and elimination of a
sewer line extension
VI.ADJOURNMENT
In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable
accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking
spaces for disabled citizens are available. Requests for sign interpreter services must be made forty-eight(48) hours
prior to the meetings. Please contact the City Secretary at 817.985.2104 or(TDD) 1.800.735.2989
CERTIFICATION
I certify that a copy of the April 18, 2016, Tax Increment Reinvestment Zone#1 agenda was posted on the City Hall bulletin board
next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and
readily accessible to the general public at all times and said agenda was posted at least 72 hours preceding the schedule time of
said meeting,in accordance with Chapter 551 of the Texas Government Code.
City Secretary
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STAFF REPORT TO THE BOARD OF DIRECTORS
Date: April 18, 2016
Agenda Item No: MINUTES APPROVAL - A.
I. Subject:
Consider approval of minutes from the June 15, 2015 meeting
II. Originated by:
III. Summary:
Minutes are prepared by the Deputy City Secretary and ready for approval.
IV. Recommendation:
Approve
V. Alternative Actions:
VI. Attachments:
1. Tax Increment Reinvestment Zone Meeting Minutes - June 15, 15-2015 TIRZ
2016 r�inutes.doc
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TAX INCREMEMENT REINVESTMENT ZONE ONE
NONCOTIGUIOUS GEOGRAPHIC AREA, NEW HOPE ROAD & BLOXOM PARK ROAD
MINUTES
BOARD OF DIRECTORS - REGULAR MEETING
June 15, 2015
I. CALL TO ORDER
Chair Robert Mundy called the meeting to order at 2:00 p.m.
II. ROLL CALL
Present: Robert Mundy, Frank Fernandez, Rebecca Mowell, Pat Turner, Mark McClendon, Scott Rule,
and Jeni McGarry
Absent: None
Staff Present: Bob Hart, Carolyn Marshall, Kathy Moore, and Brian Coltharp- Freese and Nichols
III. REPORTS/ANNOUNCEMENTS
A. Discuss the current status of the Kennedale TIRZ
Bob Hart provided a brief history on the Tax Increment Reinvestment Zone One (TIRZ) stating that the
zone was created to bring single family homes into the area. Additionally, Bob informed the group that
the target date for the Racetrack closures is October 16.
IV. MINUTES APPROVAL
A. Consider approval of minutes from the June 18, 2014 meeting
Motion To approve the June 18, 2014 meeting minutes as presented. Action Approve, Moved By
Frank Fernandez, Seconded By Rebecca Mowell.
Motion Passed Unanimously
V. REGULAR ITEMS
A. Discuss and consider approval of a professional services agreement for the preliminary design of
New Hope Road
Bob Hart stated that the alignment of New Hope Road is important because the city received a grant
through the State and Federal Bridge Program, which will replace the bridge on New Hope Road. Bob
added that the bridge will be completed before the road; therefore, coordination is essential in order to
eliminate unnecessary elevation repairs and to save money. Concluding, he reminded the Board that
the Development Agreement with Texas Raceway was built around the reconstruction of New Hope
Road.
Brian Coltharp, Engineering Consultant with Freese and Nichols provided an overview of the scope of
work for the design of New Hope Road. Board members discussed possible environmental issues that
may need to be included in the preliminary design of New Hope Road; and questioned if the State had
a design plan for the bridge yet.
Motion To approve a professional services agreement for the preliminary design of New Hope Road;
contingent on Kennedale City Council's approval to loan the Tax Increment Reinvestment Zone (TIRZ)
the necessary funds. Action Approve, Moved By Scott Rule, Seconded By Mark McClendon.
Motion Passed Unanimously
B. Discuss and consider the approval of a professional service agreement for the preliminary design of
a wastewater line extension
Bob Hart stated that the wastewater line is a critical piece of this development and is part of the City's
Master Plan.
Motion To approve a professional services agreement for the preliminary design of a wastewater line
extension; contingent on Kennedale City Council's approval to loan the Tax Increment Reinvestment
Zone (TIRZ) the necessary funds. Action Approve, Moved By Scott Rule, Seconded By Jeni
McGarry.
Motion Passed Unanimously
C. Authorize the Chair to execute a Letter of Agreement for the City of Kennedale to finance two
Professional Service Agreements
Bob indicated that the two agreements would cost approximately $200,000, and were needed in order
to move forward with the project. He added that the TIRZ has no money at the present time; therefore,
staff recommends that the TIRZ authorize the Chair to execute a Letter of Agreement with the City of
Kennedale, which will enable the City to loan the TIRZ the funds to pay for the two agreements.
Discussion ensued concerning the financial obligations to the City of Kennedale and the terms of the
agreement. Bob Hart assured Board members that City Attorney Wayne Olson would have final
approval over the agreement.
Motion To approve the authorization for the Tax Increment Reinvestment Zone (TIRZ) Chair to execute
a Letter of Agreement with the City of Kennedale to finance two Professional Service Agreements
contingent upon the Kennedale City Council's approval and written representation from the City of
Kennedale to the TIRZ; which provides no obligation from the tax entities and zero interest. Action
Approve, Moved By Scott Rule, Seconded By Mark McClendon.
Motion Passed Unanimously
VI.ADJOURNMENT
Board members agreed to meet again within six months; exact meeting date to be determined.
Motion To adjourn. Action Adjourn, Moved By Frank Fernandez, Seconded By Mark McClendon
Motion Passed Unanimously
The meeting was adjourned at 2:41 p.m.
APPROVED: ATTEST:
Robert Mundy, Chair Kathy E. Moore, Deputy City Secretary
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817.985.2102 1 Fax: 817-478-7169
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STAFF REPORT TO THE BOARD OF DIRECTORS
Date: April 18, 2016
Agenda Item No: REGULAR ITEMS - A.
I. Subject:
Consider approval of design contract with Freese and Nichols for the design of a sewer line to serve
the Texas Raceway property
II. Originated by:
III. Summary:
The development agreement with Texas Raceway/McMillan family requires the City TIRZ to prepare
design plans for the extension of wastewater service to serve the residential subdivision planned for
the tract. Staff recommends the engagement of Freese & Nichols Engineering firm to prepare the
plans. The proposed contract calls for preparation of the plans for bidding and preparing easement
descriptions. The limits of the project are only serving the Texas Raceway (Line A and Line B1
identified in the preliminary design report/route study).
A summary of the cost breakdown:
Freese and Nichols = $87,190
Lamb Star (Surveying, SUE and Easement Description) _ $ 28,385
Texplor of Dallas (Geotechnical Boring) = $2,211
Gorrondona (Geotechnical Testing) = $2,134
Total Fee = $119,920
The TIRZ does not have sufficient funds to cover the cost of the study; hence, the City will need to pay
for the design with reimbursement to occur in the future when funds are available. The TIRZ and/or the
City will not look for the other participating taxing jurisdictions for repayment.
IV. Recommendation:
Approve
V. Alternative Actions:
VI. Attachments:
1. lFreese and Nichols, Inc. - Professional Service Agreement ISewer Extension Contract. df
Rev.06/10
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF TARRANT §
This AGREEMENT is entered into by the City of Kennedale, hereinafter called "OWNER" and Freese and
Nichols, Inc., hereinafter called "FNI." In consideration of the AGREEMENTS herein, the parties agree as
follows:
I. EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT: OWNER agrees to
employ FNI;FNI agrees to perform professional services in connection with the Project;OWNER agrees
to pay to FNI compensation. The Project is described as follows: Extension of Existing Sewer.
II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth
in Attachment SC-Scope of Services and Responsibilities of OWNER which is attached to and made a
part of this AGREEMENT.
III. COMPENSATION: OWNER agrees to pay FNI for all professional services rendered under this
AGREEMENT in accordance with Attachment CO-Compensation which is attached hereto and made a
part of this AGREEMENT. FNI shall perform professional services as outlined in the"Scope of Services"
for a lump sum fee of$119,920.00. Details concerning the fee are included in Attachment CO.
If FNI's services are delayed or suspended by OWNER, or if FNI's services are extended for more than
60 days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of
compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and
reactivation and the fact that the time for performance under this AGREEMENT has been revised.
IV. TERMS AND CONDITIONS OFAGREEMENT: The Terms and Conditions of Agreement as set forth
as Attachment TC shall govern the relationship between the OWNER and FNI.
Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to
anyone other than OWNER and FNI,and all duties and responsibilities undertaken pursuant to this AGREEMENT
will be for the sole and exclusive benefit of OWNER and FNI and not for the benefit of any other party.
This AGREEMENT constitutes the entire AGREEMENT between OWNER and FNI and supersedes all prior
written or oral understandings.
This contract is executed in two counterparts.
IN TESTIMONY HEREOF, they have executed this AGREEMENT, the day of ,
20
ATTEST: City of Kennedale,TX
(OWNER)
By:
Print or Type Name and Title
ATTEST: Freese and Nichols,Inc.
(FNI)
} By:_
WC1,olel5 LQSI*_ V;ee
Print or Type Name and Title
L:\Resources\cbs\
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
Project Description
Near the Texas Raceway,the City of Kennedale is planning to extend their sewer system to the south in order
to prepare for future development.The extension will be approximately 2560 feet of 12 inch diameter sewer
pipe.The scope below is for the professional services that will be provided to prepare construction plans and
specifications. The services include: an environmental study, topographic survey, subsurface utility
engineering,geotechnical study,and engineering.
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the development
of the Project:
A. DESIGN PHASE: FNI shall provide professional services in this phase as follows:
1. Hold kickoff meeting with Owner
2. Monthly update meetings and or reports
3. For the 60%Submittal
a. Prepare drawings, specifications, Construction Contract Documents, and Opinions of
Probable Construction Cost(OPCC)of improvements to be constructed.
b. Submit five copies to the OWNER for review
c. Attend a review meeting with OWNER to review submittal
4. For the 99%Submittal
a. Prepare drawings, specifications, Construction Contract Documents, and Opinions of
Probable Construction Cost(OPCC)of improvements to be constructed.
b. Incorporate the City's comments from the 60%design review
c. Coordinate with impacted utility owners
d. Perform constructability review
e. Submit five copies to the OWNER for review
f. Attend a review meeting with OWNER to review submittal
5. For the Final Submittal
a. Prepare drawings, specifications, Construction Contract Documents, and Opinions of
Probable Construction Cost(OPCC)of improvements to be constructed.
b. Incorporate the City's comments from the 99%design review
c. Seal the documents
d. Submit five copies to the OWNER
e. Notify TCEQ via the Summary Transmittal Letter, and send them plans for review if they
request them
B. BID OR NEGOTIATION PHASE. Upon completion of the design services and approval of"Final"
drawings and specifications by OWNER and TCEQ, and when directed by the OWNER, FNI will
proceed with the performance of services in this phase as follows:
LAResources\cbs\ FNI �
SC-1 OWNER
I. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors and vendors
listed in FNI's database of prospective bidders,and to selected plan rooms. Provide a copy of the
notice to bidders for OWNER to use in notifying construction news publications and publishing
appropriate legal notice. The cost for publications shall be paid by OWNER.
2. Advertise Bid Documents on CivCast.
3. Maintain information on entities that have been downloaded a set of bid documents. Distribute
information on plan holders to interested contractors and vendors on request.
4. Assist Owner by responding to questions and interpreting bid documents. Prepare and issue
addenda to the bid documents to plan holders if necessary.
5. Assist OWNER in the opening, tabulating, and analyzing the bids received. Review the
qualification information provided by the apparent low bidder to determine if, based on the
information available, they appear to be qualified to construct the project. Recommend award of
contracts or other actions as appropriate to be taken by OWNER. Pre-qualification of all
prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional
service.
6. Assist Owner in preparation of the Letter of Recommendation of Award.
7. Assist OWNER in the preparation of Conformed Construction Contract Documents for
construction contracts. Provide ten (10) sets of Conformed Construction Contract Documents
which include changes caused by addenda reflected in the plans and specifications, information
from the apparent low bidders bid documents,and legal documents for execution by the OWNER
and construction contractor. Distribute five(5)copies of these documents to the contractor with a
notice of award that includes directions for the execution of these documents by the construction
contractor. Provide OWNER with the remaining five(5)copies of these documents for use during
construction.Additional sets of documents can be provided as an additional service.
8. Furnish contractor copies of the drawings and specifications for construction pursuant to the
General Conditions of the Construction Contract.
C. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, FNI will
proceed with the performance of construction phase services as described below. FNI will endeavor
to protect OWNER in providing these services however, it is understood that FNI does not guarantee
the Contractor's performance,nor is FNI responsible for supervision of the Contractor's operation and
employees. FNI shall not be responsible for the means,methods,techniques,sequences or procedures
of construction selected by the Contractor,or any safety precautions and programs relating in any way
to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be
responsible for the acts or omissions of any person(except its own employees or agents)at the Project
site or otherwise performing any of the work of the Project.
LAP esources\cbs\ FNI
SC-2 OWNER
These services are based on the use of FNI standard General Conditions for construction projects.
Modifications to these services required by use of other general conditions or contract administration
procedures are an additional service. If general conditions other than FNI standards are used, the
OWNER agrees to include provisions in the construction contract documents that will require the
construction contractor to include FNI and their subconsultants on this project to be listed as an
additional insured on contractor's insurance policies.
1. Assist OWNER in preparing the Notice to Proceed.
2. Assist OWNER in conducting one pre-construction conference with the Contractor, review
construction schedules prepared by the Contractor pursuant to the requirements of the construction
contract.
3. Establish communication procedures with the OWNER and contractor. Submit monthly reports
of construction progress. Reports will describe construction progress in general terms and
summarize project costs, cash flow, construction schedule and pending and approved contract
modifications.
4. Establish and maintain a project documentation system consistent with the requirements of the
construction contract documents. Monitor the processing of contractor's submittals and provide
for filing and retrieval of project documentation. Produce monthly reports indicating the status of
all submittals in the review process. Review contractor's submittals, including, requests for
information,modification requests, shop drawings, schedules,and other submittals in accordance
with the requirements of the construction contract documents for the projects. Monitor the
progress of the contractor in sending and processing submittals to see that documentation is being
processed in accordance with schedules.
5. Based on FNI's observations as an experienced and qualified design professional and review of
the Payment Requests and supporting documentation submitted by Contractor, determine the
amount that FNI recommends Contractor be paid on monthly and final estimates,pursuant to the
General Conditions of the Construction Contract.
6. Make six visits appropriate to the stage of construction to the site on the same day as the monthly
progress meeting (as distinguished from the continuous services of a Resident Project
Representative) to observe the progress and the quality of work and to attempt to determine in
general if the work is proceeding in accordance with the Construction Contract Documents. In
this effort FNI will endeavor to protect the OWNER against defects and deficiencies in the work
of Contractors and will report any observed deficiencies to OWNER. Visits to the site in excess
of the specified number are an additional service.
7. Notify the contractor of non-conforming work observed on site visits. Review quality related
documents provided by the contractor such as test reports,equipment installation reports or other
documentation required by the Construction contract documents.
8. Coordinate the work of testing laboratories and inspection bureaus required for the testing or
inspection of materials,witnessed tests,factory testing,etc.for quality control of the Project. The
cost of such quality control shall be paid by CONTRACTOR and is not included in the services to
be performed by FNI.
9. Interpret the drawings and specifications for OWNER and Contractor(s). Investigations,analyses,
and studies requested by the Contractor(s) and approved by OWNER, for substitutions of
equipment and/or materials or deviations from the drawings and specifications is an additional
service.
LAPesources\cbs\ FNI
SC-3 OWNER
10. Establish procedures for administering constructive changes to the construction contracts. Process
contract modifications and negotiate with the contractor on behalf of the OWNER to determine
the cost and time impacts of these changes. Prepare change order documentation for approved
changes for execution by the OWNER. Documentation of field orders,where cost to OWNER is
not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions
of equipment or materials, corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the contractor and approved by
the Owner are an additional service. Substitutions of materials or equipment or design
modifications requested by the OWNER are an additional service.
11. Prepare documentation for contract modifications required to implement modifications in the
design of the project. Receive and evaluate notices of contractor claims and make
recommendations to the OWNER on the merit and value of the claim on the basis of information
submitted by the contractor or available in project documentation. Endeavor to negotiate a
settlement value with the Contractor on behalf of the OWNER if appropriate. Providing these
services to review or evaluate construction contractor(s)claim(s),supported by causes not within
the control of FNI are an additional service.
12. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished
equipment or materials.
13. Conduct,in company with OWNER's representative,a final review of the Project for conformance
with the design concept of the Project and general compliance with the Construction Contract
Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation
of final payment. Assist the City in obtaining legal releases,permits, warranties, spare parts,and
keys from the contractor. Review and comment on the certificate of completion and the
recommendation for final payment to the Contractor(s).Visiting the site to review completed work
in excess of two trips are an additional service.
14. Revise the construction drawings in accordance with the information furnished by construction
Contractor(s)reflecting changes in the Project made during construction. Two(2)sets of prints of
"Record Drawings"shall be provided by FNI to OWNER.
D. SPECIAL SERVICES
1. Obtain one(1)Right of Entry.FNI will send one(1)land owner a Right of Entry form. If Right of
Entry is denied,the Owner will assist in providing access.
2. Environmental Study.Based on our understanding,the proposed project would not require Section
404 permit authorization from the U.S.Army Corps of Engineers (USACE), as the action would
apparently not involve the discharge of dredged or fill material into waters of the U.S. If it is
determined that the proposed project would require USACE authorization,FNI would notify the
City immediately. FNI can provide Section 404 permitting services to the City, if required, as an
additional service. Following are the tasks that we propose to assist the City in conducting the
necessary environmental evaluation, and if necessary, permit authorizations associated with the
proposed project.
a. Gather and Review Existing Information. FNI will compile readily available existing
information and prepare maps of the proposed project site in preparation for the pedestrian
survey.The types of information that will be gathered will include,but is not limited to, U.S.
Geological Survey (USGS) 7.5-minute topographic maps, U.S. Fish and Wildlife Service
(USFWS)National Wetlands Inventory(NWI)maps,Natural Resources Conservation Service
(NRCS)soils maps,as well as recent and historical aerial photographs of the site.
LAResources\cbs\ FNI Wt-
SC-4 OWNER
b. Conduct Pedestrian Survey.FNI will conduct a pedestrian survey along the proposed pipeline
easement, including a 75-foot wide buffer each side of the centerline(150 feet total),to make
observations of existing environmental conditions and identify types and locations of potential
waters of the U.S., if present. This task does not include conducting detailed wetland
delineations necessary for the preparation and submittal of a Pre-Construction Notification
(PCN)to the USACE.
c. Coordinate with the Texas Historical Commission. Projects sponsored by public entities that
affect a cumulative area greater than five acres or that disturb more than 5,000 cubic yards
require advance consultation with the Texas Historical Commission (THC) according to
Section 191.0525 (d) of the Antiquities Code of Texas. Because the proposed project may
exceed one or both of these thresholds,coordination with THC is expected to be required.FNI
will draft a consultation letter to the THC for the City's review and comment. FNI will
incorporate the City's comments and submit the consultation letter to the THC.Any follow up
studies requested by the THC are not included in this scope of services, but can be provided
as an additional service.
d. Prepare Technical Memorandum. Based on our understanding of the proposed project, it
appears that Line A could be constructed without requiring notification to or authorization
from the USACE. Information gathered during the pedestrian survey and consultation with
the THC will be used to prepare a draft technical memorandum.The memorandum will include
discussions of methodologies used,the hydrologic characterization and locations of potential
waters of the U.S.,and an opinion on their jurisdictional status, if present.The draft technical
memorandum will be submitted to the City for review and comment.After incorporating the
City's comments into the document, FNI will submit a final technical memorandum to the
City.
3. Geotechnical Study
Task 1-Field Exploration
a. Select appropriate locations for exploratory borings. The Engineer will coordinate with the
City of Kennedale and Texas 811 regarding underground utilities within the vicinity of the
planned boring locations prior to commencement of the field exploration activities.
b. Subcontract with a drilling contractor to drill a total of six(6) borings,three at a depth of 35
feet and three at a depth of 20 feet.
c. Subsurface samples will be collected using 3-inch diameter Shelby tubes for cohesive soils
and a 2-inch diameter split-spoon sampler in conjunction with the Standard Penetration Test
(SPT) for intermediate and non-cohesive soils. Rock, if encountered, will be tested in-situ
using the TxDOT Texas Cone Penetrometer(TCP)test,as appropriate for the material.
a. Groundwater observations within the borings will be recorded at the time of drilling and
at the completion of drilling and sampling.
b. At completion of drilling and sampling,the borings will be backfilled with auger cuttings.
d. Provide an Engineer or Geologist experienced in logging borings to direct the drilling, log
the borings, and handle and transport the samples. Visual classification of the subsurface
stratigraphy shall be provided according to ASTM D2488 and the Unified Soil Classification
System(USCS)during drilling and sampling.
Task 2—Laboratory Testing
e. Testing shall be performed on samples obtained from the borings to determine soil
classification and pertinent engineering properties of the subsurface materials.
f. The Engineer will select samples for laboratory testing, assign tests, and review the test
results.
g. Laboratory tests will be appropriately assigned for the specific subsurface materials
encountered during exploration,but are expected to include:
LAResources\cbs\ FNI u
Ci-
SC-5 OWNER
h. Classification tests (liquid and plastic limits and percent passing the no. 200 sieve or
gradation)
i. Moisture content
j. Dry unit weight
k. Unconfined compressive strength
Task 3—Engineering Analysis
1. Prepare a Geotechnical Investigation Report summarizing the field exploration, laboratory
testing,and engineering analysis to include the following:
m. Appendix with the boring locations, boring logs, laboratory test results, and a key to the
symbols used.
n. Discussion of subsurface conditions and soil properties indicated by the field and laboratory
work and the implications for design.
o. General discussion of expected construction related issues.
p. Earthwork related recommendations for use during development of plans and specifications.
q. Submittals will include one (1) paper copy and one (1) electronic PDF copy of the
Geotechnical Investigation Report.
4. Subsurface Utility Engineering(SUE)and Surveying
a. Perform Level D SUE by calling the One Call Agency and visually inspecting the area for
evidence of utilities, and reviewing the available utility record information. Utilities not
identified through these efforts will be here forth referred to as"unknown"utilities.The area
will be scanned with electronic prospecting equipment to search for unknown utilities.
However, FNI nor their Sub Consultant will be responsible for designating and locating
unknown utilities that were not detected while scanning the work area.
b. Perform Level B SUE for a 150 foot wide section for up to 2,560 feet.All existing utilities
shall be surveyed.
5. Topographic Survey
a. Establish horizontal and vertical control from existing survey references on previous City of
Kennedale projects in the area.The horizontal datum shall be North American Datum 1983
and the vertical datum shall be North American Vertical Datum 1988.
b. Establish 5/8 inch rods every 500 feet along alignment
c. Cross sections shall be taken at no more than 50'intervals along with apparent break lines as
required to provide a digital topographic design file at F contour intervals. Top of ground
shall obtained to 0.10'accuracy.
d. Survey existing utilities and soil borings.
e. Search for and survey in any FEMA benchmarks on the project site
f. Locate and identify approximate property lines for the subject property, as described in
current deed of record within Tarrant County Deed Records.Locate and show found property
corners within the survey limits. Tarrant County Deed Records shall be searched for
easements that may affect the subject property and identify the affects, if any,on the subject
property and show the locations of the easements,if possible.Identify property owner names
per deed,posted street addresses and deed recording information,for the subject property and
immediate adjoining properties within the survey limits.
g. Types of existing pavement surfaces shall be identified for streets, alleys, sidewalks,
driveways, etc. Any planters, mailboxes (with type) and other improvements shall be
identified.
h. Invert elevations and size/type of visible utility,drainage pipes and culverts shall be identified
for any visible manholes and culverts within the project limits.For gravity flow utilities(i.e.
storm water and sanitary sewer) tie in the manhole upstream and downstream of the last
manhole.This may result in having to tie in manholes that are outside the project limits.Note
any relevant information (damaged,silted in,etc.)
LAResources\cbs\ FNI P U--
SC-6 OWNER
i. One(1)easement description and exhibit will be included in the scope of work.Acquisition
of the easement can be provided as an Additional Service.
j. A tree survey is not included in this scope because City Ordinance 268, Section 16-80
exempts all areas within utility or drainage easements from the tree protection plan.However,
the Surveyor will survey the outside limits of dense trees and individual trees 6 inches in
diameter and greater;trees that need to be protected can be marked on the plans.
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER,which
are not included in the above described basic services,are described as follows:
A. Furnish OWNER,when requested,the engineering data necessary for applications for routine permits
required by local,state and federal authorities. Preparation of applications and supporting documents
for government grants or for planning advances is an Additional Service.
B. Assist the OWNER in conducting a pre-bid conference for the construction projects and coordinate
responses with OWNER. Response to the pre-bid conference will be in the form of addenda issued
after the conference.Attend the tour of the project site after the pre-bid conference.
C. Field layouts or the furnishing of construction line and grade surveys.
D. GIS mapping services or assistance with these services.
E. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof,or to verify the accuracy of drawings or other information furnished by OWNER.
F. Making revisions to drawings, specifications or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by OWNER or 2) due to other causes not
solely within the control of FNI.
G. Providing consultation concerning the replacement of any Work damaged by fire or other cause during
the construction,and providing services as may be required in connection with the replacement of such
Work.
H. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations,assessment schedules,and material audits or inventories required for certification of force
account construction performed by OWNER.
I. Providing shop, mill,field or laboratory inspection of materials and equipment.
J. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory
agencies,courts,arbitration panels or any mediator,giving testimony,personally or by deposition,and
preparations therefore before any regulatory agency,court,arbitration panel or mediator.
K. Furnishing the services of a Resident Project Representative to act as OWNER's on-site representative
during the Construction Phase.
L. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review
boards, or other legal and/or administrative proceedings in the defense or prosecution of claims
disputes with Contractor(s).
LAResources\cbs\ FNI P cl.
SC-7 OWNER
M. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
N. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those
services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a
fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT.
O. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance,
and other assistance required to address environmental issues.
P. Performing investigations, studies, and analysis of work proposed by construction contractors to
correct defective work.
Q. Design, contract modifications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of this agreement.
R. Services required to resolve bid protests or to rebid the projects for any reason.
S. Visits to the site in excess of the number of trips included in Article I for periodic site visits,
coordination meetings,or contract completion activities.
T. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the
contractor(s)to complete the work within the contract time.
U. Providing services after the completion of the construction phase not specifically listed in Article I.
V. Providing basic or additional services on an accelerated time schedule. The scope of this service
include cost for overtime wages of employees and consultants, inefficiencies in work sequence and
plotting or reproduction costs directly attributable to an accelerated time schedule directed by the
OWNER.
W. Providing services made necessary because of unforeseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form.
X. Providing services to review or evaluate construction contractor(s)claim(s), provided said claims are
supported by causes not within the control of FNI.
Y. Providing value engineering studies or reviews of cost savings proposed by construction contractors
after bids have been submitted.
Z. Provide follow-up professional services during Contractor's warranty period.
AA. Preparation of a Nationwide Permit(NWT)Pre-Construction Notification (PCN)for submittal to the
USACE.
BB. Conducting an archeological survey along the proposed pipeline alignments.
CC. Formal delineations of potential waters of the U.S.
DD. Preparation of a preliminary Jurisdictional Determination report.
LAResources\cbs\ FNI VU-
SC-8 OWNER
EE. Conducting a functional or condition assessment (e.g., TXRAM) on waters of the U.S. potentially
impacted by the proposed project.
FF. Preparation of an individual 404 permit application(IP).
GG. Presence/absence surveys for federally listed threatened/endangered species.
HH. Application for Texas Parks&Wildlife Department Sand and Gravel Permit.
II. Application for General Land Office Easement.
JJ. Consultation with the U.S.Fish and Wildlife Service under Section 7 of the Endangered Species Act.
KK. Other environmental services not specifically defined in this scope of services.
LL. Potholing for SUE Level A.
LAP esources\cbs\ FNI PCL-
SC-9 OWNER
ARTICLE III
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services in accordance with the following schedule:
A. Kickoff Meeting with OWNER.Within One Week of Notice to Proceed
B. Preliminary Design:
a. Right of Entry,SUE, and Survey: Within 10 Weeks of Notice to Proceed
b. Geotech and Environmental Studies:Within 15 Weeks of Notice to Proceed
C. 60%Design.Within 5 Weeks of the Completion of SUE and Survey.
D. 99% Design.Within 3 Weeks after the 60%Review Meeting.
E. Sealed Documents.Within one Week after the 99%Review Meeting.
F. Bid and Construction Phase Services:To be Determined
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. These delays may include but are not limited to delays in OWNER
or regulatory reviews,delays on the flow of information to be provided to FNI, governmental approvals,etc.
These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and
in Attachment CO.
ARTICLE IV
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to
delay the services of FNI:
A. Owner recognizes and expects that certain Change Orders may be required. Unless noted otherwise,
the Owner shall budget a minimum of 5%for new construction and a minimum of 10%for construction
that includes refurbishing existing structures.
Further,Owner recognizes and expects that certain Change Orders may be required to be issued as the
result in whole or part of imprecision,incompleteness,errors,omission,ambiguities,or inconsistencies
in the Drawings,Specifications,and other design documentation furnished by Engineer or in the other
professional services performed or furnished by Engineer under this Agreement ("Covered Change
Orders"). Accordingly, Owner agrees to pay for Change Orders and otherwise to make no claim
directly or indirectly against Engineer on the basis of professional negligence, breach of contract, or
otherwise with respect to the costs of approved Covered Change Orders unless the aggregate costs of
all such approved Covered Change Orders exceed 2%for new construction and 4%for reconstruction.
Any responsibility of Engineer for the costs of Covered Changed Orders in excess of such percentage
will be determined on the basis of applicable contractual obligations and professional liability
standards. For purposes of this paragraph,the cost of Covered Change Orders will not include:
• any costs that Owner would have incurred if the Covered Change Order work had been included
originally in the Contract Documents and without any other error or omission of Engineer related
thereto,
LAPesources\cbs\ FNI A)U.-
SC-10 OWNER
• Any costs that are due to unforeseen site conditions,or
• Any costs that are due to changes made by the Owner.
• Any costs that are due to the Contractor
Nothing in this provision creates a presumption that,or changes the professional liability standard for
determining if, Engineer is liable for the cost of Covered Change Orders in excess of the percent of
Construction Cost stated above or for any other Change Order. Wherever used in this document, the
term Engineer includes Engineer's officers, directors, partners, employees, agents, and Engineers
Consultants.
B. Designate in writing a person to act as OWNER's representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions,
receive information, interpret and define OWNER's policies and decisions with respect to FNI's
services for the Project.
C. Provide all criteria and full information as to OWNER's requirements for the Project,including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which OWNER will require to be included in the drawings and specifications.
D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including
previous reports and any other data relative to design or construction of the Project.
E. Arrange for access to and make all provisions for FNI to enter upon public and private property as
required for FNI to perform services under this AGREEMENT.
F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI,obtain advice of an attorney,insurance counselor and other consultants as OWNER
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of FNI.
G. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project
and such approvals and consents from others as may be necessary for completion of the Project.
H. Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the Project, such legal services as OWNER may require or FNI may reasonably request
with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s),
such auditing service as OWNER may require to ascertain how or for what purpose any Contractor
has used the moneys paid under the construction contract, and such inspection services as OWNER
may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance,
code or order applicable to their furnishing and performing the work.
I. OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish Resident Project
Representative service so the Bidders can be informed.
J. If OWNER designates a person to serve in the capacity of Resident Project Representative who is not
FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such
Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of
this AGREEMENT before the Construction Phase of the Project begins. Said attachment shall also
set forth appropriate modifications of the Construction Phase services as defined in Attachment SC,
Article 1,C,together with such adjustment of compensation as appropriate.
LAResources\cbs\ FNI
SG11 OWNER
K. Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and
other job related meetings and substantial completion inspections and final payment inspections.
L. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services, or any defect or nonconformance of
the work of any Contractor.
M. Furnish,or direct FNI to provide,Additional Services as stipulated in Attachment SC,Article II of this
AGREEMENT or other services as required.
N. Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative—Larry Ledbetter,Project Manager
923 E. Kennedale Parkway
Kennedale,TX 76060
lledbetter@ci-tyof,ken,ned,a-le.com
(817)985-2171
FNI's Designated Representative— James Johnson,Project Manager
4055 International Plaza, Suite 200
Fort Worth,TX 76109
JKJ@freese.com
(817)735-7264
FNI's Accounting Representative— Matt Shafer
4055 International Plaza, Suite 200
Fort Worth,TX 76109
NICS @ freese.com
(214)217-2238
LAResourceskW FNI�i,
SC-12 OWNER
ATTACHMENT CO
COMPENSATION
Compensation to FNI shall be the lump sum fee of One Hundred Nineteen Thousand Nine Hundred Twenty Dollars($119,920).
If FNI sees the Scope of Services changing so that additional seances are needed, including but not limited to those services
described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER'S approval before proceeding.
Additional Services shall be computed based on the Schedule of Charges.
Schedule of Charges:
Position Min max
Professional- 1 68 116
Professional-2 88 148
Professional-3 94 181
Professional-4 138 221
Professional-5 175 243
Professional-6 166 442
Construction Manager- 1 86 114
Construction Manager-2 104 150
Construction Manager-3 129 161
Construction Manager-4 162 220
CAD Technician/Designer- 1 57 99
CAD Technician/Designer-2 90 129
CAD Technician/Designer-3 116 166
Corporate Project Support- 1 42 96
Corporate Project Support-2 70 173
Corporate Project Support-3 76 335
Intern/Coop 35 64
Rues for In-House Services
Technology Charge Bulk Printing and Reoroduction
$8.50 per hour B&W Color
Small Format(per copy) $0.10 $0.25
Travel Large Format(per sq.e.)
Standard IRS Rates Bond $0.25 $0.75
Glossy/Mylar $0.75 $1.25
Vinyl/Adhesive $1.50 $2.00
Mounting(persq.e.) $2.00
Binding(per binding) $0.25
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction
expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous
expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members. For Resident Representative services performed by non-FNI employees and
CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such
services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI
employee was performing the same or similar services.
These ranges and rates will be adjusted annually in February.
340-22015
L:\Resources\cbs\ FNI 1J
CO-I OWNER
10-25-07 ATTACHMENT TC
TERMS AND CONDITIONS OF AGREEMENT
1. DEFINITIONS: The term Owner as used herein refers to the City of Kennedale,Texas ThetermFNIas used
herein refers to Freese and Nichols,Inc.,its employees and agents;also its subcontractors and their employees and agents. As
used herein,Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT.
2. CHANGES: Owner,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 under
this clause causes an increase or decrease in FNI'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 the AGREEMENT modified in
writing accordingly.
3. TERMINATION: The obligation to provide services under this AGREEMENT maybe terminated by either party upon ten
days'written notice. In the event of termination,FNI will be paid for all services rendered and reimbursable expenses incurred
to the date of termination and,in addition,all reimbursable expenses directly attributable to termination.
4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract,tort,strict liability,
warranty,or otherwise for any special,indirect,incidental or consequential damages,such as loss ofproduct,loss of use of the
equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other
equipment or systems.
5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information
pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI
shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data,design
criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold FNI
harmless from any and all claims and judgments,and all losses,costs and expenses arising therefrom. FNI shall disclose to
Owner,prior to use thereof,defects or omissions in the data,design criteria,drawings,specifications or other information
furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof.
6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage
(All limits in thousands):
Commercial General Liability Workers'Compensation
General Aggregate $2,000 Each Accident $500
Automobile Liability(Any Auto) Professional Liability
CSL $1,000 $3,000 Annual Aggregate
7. SUBCONTRACTS: If,for any reason,at any time during the progress of providing Services,Owner determines that any
subcontractor for FNI is incompetent or undesirable,Owner will notify FNI accordingly and FNI shall take immediate steps for
cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in
the AGREEMENT shall create any contractual relation between any subcontractor and Owner.
8. OWNERSHIP OF DOCUMENTS: All drawings,reports data and other project information developed in the execution of
the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services.
FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for
reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written
verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's
independent associates or consultants,and Owner shall indemnify and hold harmless FNI and FNI's independent associates and
consultants from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting therefrom. Any
such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings,report data
and other project information in the execution of the Services provided under this AGREEMENT in FNI's other activities.
Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner,and FNI shall indemnify and hold
harmless Owner from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting therefrom.
Page 1 of 2
FNI lU U—
OWNER
9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to
the creation or existence of any hazardous,radioactive,toxic,irritant,pollutant,or otherwise dangerous substance or condition
at the site,if any,and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may
be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this
AGREEMENT,FNI does not take possession or control of the subject site,but acts as an invitee in performing the services,
and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further,FNI shall have
no responsibility for any pollutant during clean-up,transportation,storage or disposal activities.
10. OPINION OF PROBABLE COSTS: FM will furnish an opinion of probable project development cost based on present
day cost,but does not guarantee the accuracy of such estimates. Opinions of probable cost,financial evaluations,feasibility
studies,economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared
by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgment as an
experienced and qualified design professional. It is recognized,however,that FNI does not have control over the cost of labor,
material,equipment or services furnished by others or over market conditions or contractors'methods of determining their
prices.
11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT,FNI will furnish Construction Representation
according to the defined scope for these services. FM will observe the progress and the quality of work to determine in
general if the work is proceeding in accordance with the Contract Documents. Inperforming these services,FNI will endeavor
to protect Owner against defects and deficiencies in the work of Contractors;FNI will report any observed deficiencies to
Owner,however,it is understood that FNI does not guarantee the Contractor's performance,nor is FNI responsible for the
supervision of the Contractor's operation and employees. FNI shall not be responsible for the means,methods,techniques,
sequences or procedures of construction selected by the Contractor,or the safety precautions and programs incident to the
work of the Contractor. FNI shall not be responsible for the acts or omissions of any person(except his own employees or
agent)at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the
capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties,responsibilities and
limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this
AGREEMENT before the Construction Phase of the Project begins.
12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the
services of FNI shall be due and payable upon submission of a statement for services to OWNER and in acceptance of the
services as satisfactory by the OWNER. Statements for services shall not be submitted more frequently than monthly. Any
applicable new taxes imposed upon services, expenses,and charges by any governmental body after the execution of this
AGREEMENT will be added to FNI's compensation.
If OWNER fails to make any payment due FNI for services and expenses within thirty(30) days after receipt of FNI's
statement for services therefore,the amounts due FNI will be increased at the rate of one percent(1%)per month from said
thirtieth(30th)day,and,in addition,FNI may,after giving seven(7)days'written notice to OWNER,suspend services under
this AGREEMENT until FNI has been paid in full,all amounts due for services,expenses and charges.
13. ARBITRATION: No arbitration arising out of,or relating to,this AGREEMENT involving one party to this AGREEMENT
may include the other party to this AGREEMENT without their approval.
14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners,successors,executors,
administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to
the partners,successors,executors,administrators and legal representatives(and said assigns)of such other party,in respect of
all covenants,agreements and obligations of this AGREEMENT.
Neither OWNER nor FNI shall assign,sublet or transfer any rights under or interest in(including,but without limitation,
moneys that may become due or moneys that are due)this AGREEMENT without the written consent of the other,except to
the extent that any assignment,subletting or transfer is mandated by law or the effect of this limitation may be restricted by
law. Unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge
the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FNI
from employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of
services hereunder.
15. PURCHASE ORDERS: If a Purchase Order is used to authorize FM's Services,only the terms,conditions/instructions typed
on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order
and the terms of this AGREEMENT,then this AGREEMENT shall prevail and shall be determinative of the conflict.
Page 2of 2
FNI p(,
OWNER
ic
KENNEDALE
You're Here,Your Home
www.cityofl,cennedale.com
STAFF REPORT TO THE BOARD OF DIRECTORS
Date: April 18, 2016
Agenda Item No: REGULAR ITEMS - B.
I. Subject:
Consider approval of design contract with Freese and Nichols for the hydraulic analysis of the bridge
structures under the TxDOT bridge replacement program
II. Originated by:
III. Summary:
The proposed design contract is through a contract amendment for New Hope Road. Freese &
Nichols, the engineering firm doing the work is proposing to take the southern-most 3000 feet of the
project limits from the schematic design to a 90% design level. This will include roadway design,
hydraulic analysis and design, design survey and subsurface utility engineering. The following
documents detail the anticipated work:
Contract Change Authorization Form
Scope of Services
Detailed Cost Breakdown
Form 1295
The proposed work is being done to coordinate with the planned TxDOT replacement of the bridge on
New Hope Road.
Staff recommends approval of the contract amendment with the understanding that the City of
Kennedale will cover the deficit for the design cost and will not look to the participating taxing
jurisdictions for payment. This will be a liability for the TIRZ fund with payment coming from future
revenues.
IV. Recommendation:
Approve
V. Alternative Actions:
VI. Attachments:
1. Contract Change Authorization Amendment#KEN15333 Amend 1 - Authorization Form.pdf
1
2. Scope of Service - Contract Amendment# 1 KEN 15333 Amend 1 - Scope of Services. df
3. Detailed Cost Breakdown KEN 15333 Amend 1 - Detailed Cost
Breakdown. df
Form 1295 - Certificate of Interested Parties IForm 1295 Certificate 100039020. df
Rev. 12/15
FREESE CONTRACT CHANGE AUTHORIZATION
a01CHOLS Amend#1
Client: City of Kennedale FNI Project No.: KEN15333
923 E. Kennedale Parkway Client Contract Ref.:
Kennedale,TX 76060
Attn: Bob Hart Date: April 8,2016
Project Description: New Hope Road
Description of Services Added/Deleted:
As more fully described in the attached Scope of Services
Deliverables:
As more fully described in the attached Scope of Services
Compensation shall be adjusted as follows:
A lump sum fee of Two Hundred Twenty Five Thousand Six Hundred Seventy Six Dollars ($225,676)
Original Contract $172,635
Amended Amount $225,676
Revised Total Contract $398,311
Schedule shall be adjusted as follows:
As more fully described in the attached Scope of Services
The above described services shall proceed upon return of this Contract Change Authorization. Services
will be billed as they are done. All other provisions, terms, and conditions of the agreement for services
which are not expressly amended shall remain in full force and effect.
❑ A contract modification will be submitted.
® This Contract Change Authorization will serve as contract modification.
FREESE AND NICHOLS, INC.: CITY OF KENNEDALE,TEXAS:
BY: - BY:
13
Print Name Print Name
TITLE: �//�1c � TITLE:
DATE: RqB2!Ml `/�/�a DATE:
4055 INTERNATIONAL PLAZA,SUITE 200 FORT WORTH,TEXAS 76109-4895 TELEPHONE:817-735-7300 FAX:817-735-7491 www.froose.com
L:\Resources\OLCR\K\Kennedale\KEN15333U1md#1
New Hope Road
Scope of Services—Contract Amendment#1
Description
As one of the bridge class culverts was selected for funding as part of the TxDOToff-system bridge
replacement program,this design contract will move the design forward on the southern-most 3,000
linear feet (beginning at the transition to Hudson Village Creek Fbad)of New Hope Fbad from the
current schematic level design to a 90%level design.This effort will include roadway design, hydraulic
analysis and detailed design survey and property acquisition documents.The two creek crossings are
anticipated to be culvert designs as shown in the previous hydraulic memo with a pedestrian underpass
adjacent to the northern culvert. Construction plansand specifications package are not included at this
time asthe timetable to construction and the contracting method are uncertain at this time.
Roadway Design
1. FNI will visit the site up to three(3)times during the design processto confirm design elements.
2. FNI will utilize design survey to review and confirm the roadway geometry. 9gnificant change to
the roadway alignment from the schematic design may be an additional service.
3. FNI will utilize the topographic survey to revise the roadway profile.Asthe profile for the
schematic was based on 1' contour data, profile revisions may be necessary for this design and
this effort is assumed as part of this scope.
4. FNI will prepare the geometric design for retaining walls associated with the roadway which may
be necessary.This will be a civil plan/profile layout only and will not include geotechnical or
structural design at t his time which would be induded in the final design for construction plans.
5. FNI will prepare grading layouts detailing grading work to be performed near the culverts and
adjacent to the roadway in order to finalize property easements required for the project.
6. FNI will prepare the storm drain design for the roadway.This will include developing
contributi ng drainage areas, determi ning i nlet spadngand sizi ng, determi ning storm drain pipe
layout, profile and sizi ng. Lateral profiles are not to be included with this package and may be
induded for the final design.
7. FNI will prepare a striping layout plan for the roadway and connecting roadways.
8. FNI will review available and surveyed utility data to determine potential utility conflicts. FNI will
contact franchise utility companies(from a list provided by Oty)to share the plans with the
project with them and receive feedback from the utility companies.
9. FNI will submit 60%design drawi ngs whi ch will indudealI of the elements listed in items 2-4 and
6 above.
10. FNI will submit 90%design drawingsto indude addressing of any comments provided at the
60%level plus items 5& 7 listed above.
11. FNI will attend up to six(6)coordination meetings induding meetings with the Oty, meetings
with TxDOT, design review meetings,franchise utilities or property owners.
Services not included in roadway design:
1. Geotechnical design—including wall design and pavement design
Page 1 of 3
2. Traffic control plans
3. Erosion control plans
4. El ructural design for walls
5. Bridge design (as drainage crossings are antici pated to remain as culverts)
6. Fight-of-way agent or appraisal services
7. All services listed in original contract not specifically included in this amendment
Hydraulic Analysis
1. FNI will perform data collection and afield visit to confirm best available data is being used for
the analysis. This may include data requests to FBVIA or the City of Kennedale.
2. FNI will perform regression equation analysis of the watersheds contributing to the two
crossings to determine an existing conditions discharge if required by TXDOT.
3. FNI will develop across section layout for the HEC-RASmodel based on the design alignment.
4. Existing Conditions HE3,RASmodel will be developed for the two crossings based on the prior
modeling efforts performed by FNI for New Hope Fbad reflecting the revised cross section
layout and any newly available topographic survey.
5. FNI will evaluate one selected design configuration for each of the two crossings of either a
bridge, box culvert, or arch pipe to determine the geometry required to meet the design
objectives and criteria.
6. A scour analysiswill be performed if a bridge design or open bottom pipe design is pursued at
either crossing. SDour mitigation measures will be evaluated and incorporated into the design.
7. A Hydraulic Faport will be prepared for submission to TXDOTaddressing the design and
hydraulic considerations outlined in the TXDOT Hydraulic Design Manual. Hydraulic data sheets
will be developed for the two crossings and incorporated in the construction plans. Up to 5
copies of the report will be provided.
Assumptions:
1. The models developed previously by FNI based on models developed by Halff Associates will be
the basisof the design models.
2. The hydraulic structureswill be sized to meet the City of Kennedale hydraulic criteria, but results
will be provided for TXDOTcriteria.
3. It is understood a FBVIA map change is contemplated for the watershed at some point in the
future. It isassumed the Special Rood Hazard Area in the project vicinity is not revised during
the design and no floodway modeling is necessary. Favisionsto modeling based on revised
floodplain models isan additional service. Preparation and submittal of Letter of Map Favision
or Conditional Letter of Map R-,vision to FBVIAisan additional service.
Survey
1. Prepare property mapping for 500' south of Hudson Village Creek Road (not previously included
in scope)
2. Prepare topographic survey for project area as identified in description above, including
identification of all surface elements.
3. Prepare and send right of entry letters for up to 17 affected properties
4. Prepare 6 right-of-way acquisition documents
Page 2 of 3
5. Prepare 8 permanent easement documents
6. Temporary easement documents are not included, if required they will bean additional service.
Subsurfaoe Utility Encineering(SUE)
1. Provide level BSJEservices. Level Bindudes horiaDntal location of existing utilities, including
services, along the 3,000 linear feet of the project limits as detailed in the description above.
The limits include Fight of Way to Right to Way and the properties to be acquired. The Level "B"
will include overhead utilities.
2. Level ASJEserviceswill be considered an additional service. Level Aisdefined as excavation of
test holesthat are in potential conflict with the proposed work.
Schedule
• FNI will provide 60%design plans 12 weeks after notice to proceed
• FNI will provide 90%design plans 8 weeks after design review meeting
Page 3 of 3
City of Ke.Uetlal, Project Fee Summary
New Hope Road Bazic E 225,616
41&2U16
Datailetl Coat Breaktlovm Total Pro'M ",$ 225676
Basic Services
Pbase Task. Employee T ILabor Total Ex
_ Total Hours penze Total Sub Effort Tmal EROrt
PfoM Role EROrt Eff-
dy Bill Rate $146.00 $136DO $91c DD '. $197 DO $197 00 $169 00 $130.00 $107 00 $130.00'. $169 00
IROaawa Des n u to 9o% E E 8 $
5 to V mfs(Up tc 3)---- 9 9 18 S 2484 E 234 E E 2]18
Update Plan LaycN -4 16 - 40 60 E 6304 $ 510 $-- E-- 6814
U ate Profile La out 4 40 16 60 E ]240 E 510 E....
ELL Gross Sectons 4 32 16 52 E 6200 E 442 $ $ 6642
Preps retanng wall lays uts E 40 16 = 64 S ]824 E 544 $ $ 8368
..
Prepareg,"ngplans 8 40 16 64 E ':824 $1 544 $ E 8368
---- Sbnnd narea and-islet la ut ---- ---8 40--- 40 --- - ---- - ---- ---- -- 86 ---E 10006.8. ]48-$
Storm drain la ou[and sain a 40 40 88 $ 10008 $ ]48 E $ 10]56
Storm drain rofile 8 20 20 48 E 5568 E 408 8 $ 5996
Pre pare svpng layout 4 16 a _. _. 28 $ 3392 E 238 E $ 3630
..
Pre re 60%wbmRlal ack e 12 32 40 16 100 E 12]04 E 1058 $ $ 13]62
Respond
s\bnittal t o % 12 32 40 16 10 E 12,704 E 108 E E 3,762
a e m M pa
Design —dnaton&Mcenngs(Up—).. 18 t8 _. 18 _. 54
-_ _---. ----. --_ -- --- - _- - ---- -_-. -- E 6 $ 8646
Uy maVn 4 6 20 264 E 16 E
E 2834
'.H raulic Ma srs E 8 E E
Meetin s 2 a 8 8 24 $ 3560 $ 294 $ $ 3]64
Field Vist 4 4 8 $ 1,196 $ 95 $ $ 1 291
Data CO6ectron 4 - $ 1196 68 $ $ 1264
2 6
' '. Oevelc Crog Sections accordi tc des n 2 4 6 E $856 E 51 $ S 909
Update NEGRNS modelswi9\reviretllaycu[(Exi3ing G 12 i6 $ 2,236 E 936 $ - E 2,3]2
Gonditans='l—
D er neI._ of 1 selectetl desgn(bdtlge, q 2D 4D 64 $ 9,368 E 544 $ - $ 9,912
_ invert b) n (p_P ctMOdel)
Perform SCOUr Nnal ss 2cm=an s - _ -- _ 2 -- 12 24 _-- _ 38 _$ D E DOD E - E 5885
Wrke THDOTH tlraulic Re ort 8 16 40 20 84 $ 11620 E 1044 $ E 12664
Up to two Hydraulic plan sbeeG percrossng 4 8 2D 32 $ 3,856 $ 272 $ $ 4,128
Decmorpbclogy Revew_ 2D 20 $ 2,600 $ 170 $ $_ 2yno
Drayage QC ,,8 16 24 _$ 3872 $- 204 $-- $-- 4076-
..... Drana9,-9 Support ...... .... 16 „1fi ..... 32 E 4784 $ 21 $.... $.... 50.56
Property Map -E S- $ 3630 E- 3630
. ToPographc Survey .... .... ..... E $- $-- 26,]30 E-- 26,]30
a
' ROE Letters E E E 2338 E 2338
ROW Docuerrznts E E $ 10 725 $ 10]25
Ea�ment Documents E E $ 8560 $ 8560
..SUED-1 .. ...E E. $.. 8800 E... 8800
Total Basic Services Hours 12] 391 292 J2 14 106 160 40 20 16 _ 1,200 $ 15J,642 $ 11,231 $ fi0,803 S 225,6T6
—1Bxic Services Labor EROrt$ 16542 $50.830 $26512 $ 6304 $ 2)56 $11914 $20800 $ 4,280 $ 2.600 $ 3.042
1 U3 L\Rawrca\OLCRJ(\Kenrio'laE\KEN15333 Nav Hope RoadWmd M\Ia=N 153.43 Pmap 1-Fs Sp®1sbeY.x6m N82o'16
City of Ke00etlale Prgecl Fee Summary
New lb Road Rasic $ 225,676
G&21116 Spec al E.....
fhiail.CO el B'16-.own Total Pfo'ect ",$ Z25676
Lg Format Lg Format Lg Format Lg Formal Lg Formal Lg Format=
Phase Task Expenses TxM1 GM1arge Mlles B&W col., Binding Bond- Glo /Myl Vinyl-he Bond Gl,—/m yl V Yl h_ O[M1er O[M1er O[M1er Total Exp
(sM1eet) (sM1eet) _ (—h) B—(sa_ r-B— s e-13— Golor(sa_ rI. s e-GOlor —
ft ft. ft. ft ft ft.
Roadway Besgn(up to 90%) __. _. _. $ -
9YeVi9ts u tai 18 150_-- _ $ 234
upaafe%aaow 60 $ 510
........ a ....... e.. .. ....
' u ate Profib L W 60 $ 510
Pre re refary wall d-ufs 64 --$ 544
Pepare grading pbn 64 $ 544
......... a ....... e.. .. ....
Storm drain area and inlefla u 88 $ ]48
1
Slo�m dranppe layout_andsmg 88 __. _. _. _ 8 ]48
sformdranprof le 48
-s re stop ng layout8 $ 236
Pre re .60%svumrttal zck a 100 2000 20_ 10 � $ 1056
RespoM to 60%submittal comments aM prepare 90% 100 2,000 20- 10 $ 1058
Oesyn COOrdknakon&Neekngs(upb6j .... 54 300-- 60 .... $ 636
ulilyCOOrdkafion 20 $ 1]0
H raulic Are ss $
Mee1,ngs(2j 24 $ 204
.. _..
F eldVSl 8 50
Bata GoYectbn 6 $ 68
Bevel L Sectbns acmrdi odes n 6 $ 51
upaale HEC-RAS rtndelswifM1 revised byouf(Exi4ing 16 $ 136
CandiMns Mad el)
..
Bcdemme geomef—oft--desgn(bridge, 64 $ 544
cW♦M arch of 2 bralions Po9 Pr-xf Model
Perform Scour Are is 2-- s 38 $ 323
Write TXO Hydraulic.Report 84 _ 300 $ 1044
..
up-lo two HydraWC pbn sheets per crosmg 32 $ 272
Geomor bola Review 20 $ 1]0
a OC 24 s 204
D raira 32 S vz
$
Pm Ma $
T r tvc suv $ -
ROE Letters $
Easvr�eAl Lbcu h. $
suE Levef B $
T Rasic Services Items 1,200 500 4,000 1 W_ 20 300
TWI Bxic Services Expenses EROrt
2— L\RaootcarOLCRJ 1--l—EN15333 N.Hope 1-Fe¢Sp®1sM1aY..1— N82o'16
City of Kennetlale Project Fee Summary
New Hope R-d Basic $ 225,676
4&2016 SP al E.....
Oetaii.d Cost Breakd— TWI Pto'ect $ 225676
Pbase Task Subconsultams G.", d na [Name2] [Name 3] [Name 4]_ Total SUb
EROrt
Pro Ma 3300 $ 3630
T r Nc Sav 24 300 $ 26130
RCELDt= 2125 $ 2338
RGN ocumenfs 9150 _ $ 10125
Ea-�m¢M OOCUments--- 1800 $ 8580
SIIE LeveIB 8000 $ 8800
T I Buic Services Subcensultanh Cost S 55,2]5 S $ '.S $ S 2 S S '.4 S $ S S
T I Bxic Services SubconsultanK EROet
3U3 L-1-1--KEN15933 N.Hope RaVNma ffl—5333 PmaM 1-Fe¢Sp®1skeY.x6m w82o'16
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10f1
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2,3, 5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-37600
Freese and Nichols, Inc.
Fort Worth, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/08/2016
being filed.
City of Kennedale Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
New Hope Road
Engineering Services for New Hope Road Amendment#1
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
Hatley,Tricia Oklahoma City, OK United States X
New ,John San Antonio, TX United States X
Payne,Jeff Dallas, TX United States X
Haster, Thomas Fort Worth,TX United States X
Nichols, Mike Austin, TX United States X
Lemons, Ron Fort Worth,TX United States X
Pence , Robert Fort Worth,TX United States X
Gooch, Tom Fort Worth,TX United States X
Herchert, Robert Fort Worth,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm, under penalty of perjury,that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me, by the said Jessica Brown this the 8th day of April
2016 to certify which,witness my hand and seal of office.
Kelly Jean Shriver Notary Public
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312
ic
KENNEDALE
You're Here,Your Home
www.cityofl,cennedale.com
STAFF REPORT TO THE BOARD OF DIRECTORS
Date: April 18, 2016
Agenda Item No: REGULAR ITEMS - C.
I. Subject:
Discuss potential TIRZ plan amendment to include park land acquisition and elimination of a sewer
line extension
II. Originated by:
III. Summary:
Information on this item will be provided at the meeting.
IV. Recommendation:
Approve
V. Alternative Actions:
VI. Attachments: