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Home My WebLink AboutContract 47973 CITY S CRETAW qq ,j CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Westside V Elevated Storage Tank and Water Line. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of$843,100 asset forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:9/24/2014 Page 1 of 16 CITY SECRETARY FT. WORTH, TX (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring (:itv of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 3 of 16 ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date.9124/2014 Page 4 of 16 matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 5 of 16 facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 6 of 16 acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 7 of 16 d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of AV or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 8 of 16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 9 of 16 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 10 of 16 D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 11 of 16 no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/[nstallation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 12 of 18 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 13 of 16 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9124/2014 Page 14 of 16 I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Form 1295 Certification No. 2016-50121 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/2412014 Page 15 of 16 Attachment D - Project Schedule Attachment E - Location Map Executed and effective this thee /%-day , 2V'`` BY: BY: CITY OF FORT WORTH ENGINEER Kimley-Horn and Associates, Inc. ,�/� '�w4wj .� Jesus J. Chapa colt R. Arnold, P.E. Assistant City Manager Assistant Secretary Date: ? 13 -- 4 Date: APPROVAL RECOMMENDED: By: / ohn Robert airman Director, Water Department APPROVED AS TO FORM AND M&C No.: LEGALITY M&C Date: By: ouglas W. Black Assistant City Attorney ATTEST:a y er City S creta OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services FT. WORTH, TX Revised Date:9/24/2014 Page 16 of 16 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 ATTACHMENT A Scope for Engineering Design Related Services for Water Improvements DESIGN SERVICES FOR WESTSIDE V ELEVATED STORAGE TANK AND WATER LINE CITY PROJECT NO.: 100378 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED Phase 1 - Site Feasibility and Selection Services Task 1.1 Westside III Ground Storage Tank (GST) Site Task 1.2 Westside V Elevated Storage Tank (EST) Site Phase 2 - Design Services Task 2.1. Design Management Task 2.2A. Conceptual Design — Elevated Storage Tank Task 2.2B. Conceptual Design —Water Line Task 2.3A. Preliminary Design — Elevated Storage Tank Task 2.3B. Preliminary Design—Water Line Task 2.4A. Final Design — Elevated Storage Tank Task 2.4B. Final Design —Water Line Phase 3 - Bidding Services Task 3.5. Bid Phase Services Phase 4 -Construction Services Task 4.6. Construction Phase Services City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 PHASE 1 SITE FEASIBILITY AND SELECTION SERVICES 1.1 Westside III GST 1.1.1 Site Feasibility Evaluation It is ENGINEER's understanding that the City desires to purchase an approximately 2-acre site for a future GST to serve the Westside III Pressure Plane. The City desires for the site to be located at a ground elevation near 930 feet above mean sea level to operate in conjunction with existing facilities within the pressure plane. The City's preferred site location is in an area south of Interstate 20 and west of Markum Ranch Road. As part of this task, subconsultants for the ENGINEER will perform boundary/topographic survey of the property, preliminary geotechnical investigation report, and an environmental site assessment. A. Boundary/Topographic Survey: ENGINEER's subconsultant will perform boundary survey on an approximately 73 acres parent tract of land and establish an approximately 2 acre tract of land for boundary and topographical survey. Research will include obtaining copies of deeds and plats for the parent tract of land and all adjoining properties and right-of-ways. B. Preliminary Geotechnical Investigation: ENGINEER's subconsultant will perform up to two (2) preliminary soil borings at a depth of 35' each to determine preliminary site soil conditions and how they will affect the tank design. A preliminary letter report will be provided summarizing the findings. C. Environmental Assessment: ENGINEER's subconsultant will preparation of an environmental site review to determine possible impacts from past history of operations on the site. Services for this task will include review of the available physical data sources (e.g. topographic maps, soil survey, geologic references, hydrogeology, etc.) and available historical records to evaluate previous operations at the site. This task will include reconnaissance of the site and surrounding area and interviews with persons familiar with the Site. This task will include contacting regulatory agencies to determine environmental status of the site and will also include research into past oil/gas practices at the facility. The summary of findings will be presented in an environmental site report. Once survey, geotechnical, and environmental services are complete, the ENGINEER will review and compile the information for presentation to the CITY. In addition, the ENGINEER will prepare a concept-level site plan layout for the site to outline tank location and site access. The site plan will be prepared on an 11"x17" size plan sheet and be included in a letter summary of findings describing the site and potential impacts. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 2 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 1.1.2 Property/Easement Acquisition The CITY understands that the ENGINEER is not licensed to provide real estate services. For the convenience of the CITY, the ENGINEER will subcontract with firms referred to as the ENGINEER'S REAL ESTATE AGENT and ENGINEER'S APPRAISER. The ENGINEER will receive no fee for these services. A. Parcel/Easement Instrument Preparation 1. The ENGINEER will survey and prepare legal descriptions and easement/right-of-way instruments on the parcels to be acquired. ENGINEER will prepare acquisition documents and submit to the CITY for review. Once approved, the acquisition documents will be provided to the ENGINEER's REAL ESTATE AGENT to use for acquisition. Legal descriptions and acquisition documents will be prepared in accordance with the CITY's requirements for up to two (2) parcels: one (1) for the tank and one (1) for access, if needed. Document preparation in excess of two (2) parcels will be Additional Services. B. Appraisals 1. The ENGINEER's APPRAISER will provide appraisals for two (2) parcels. Appraisals will be approved by the CITY prior to negotiations with the property owners. The appraisals will be prepared by State Certified Appraisers in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP). The appraisals will be suitable for use in condemnation proceedings, if necessary. C. Negotiations 1. The offer to purchase the properties will be based on the appraisals as indicated above. The CITY will establish the value to be used in negotiation and the range of negotiating authority to be given to the right-of-way agent. The ENGINEER's REAL ESTATE AGENT will provide the services of qualified right-of-way agents to secure the required right-of-way for the project. The eight-of-way agents will provide each property owner a copy of The Texas Landowner Bill of Rights, but will NOT be required to provide negotiation services under the Uniform Relocation and Acquisition Act (Uniform Act). 2. The ENGINEER's REAL ESTATE AGENT will negotiate on behalf of the CITY and utilize the conveyance documents and other necessary forms as prescribed by the ENGINEER and CITY and as approved in accordance with sections A and B, above. The ENGINEER's REAL ESTATE AGENT will provide a good faith effort to acquire the rights-of-way through a negotiation process, City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 3 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:1D0378 which will generally consist of three (3) contacts with the property owner, or his authorized representative. A maximum of five (5) total contacts will be provided to reach an agreement with the property owner, or to determine that further negotiations will be non-productive and that eminent domain actions will be necessary to acquire the property. If absentee owners are involved, the negotiations may be conducted via telephone, fax, or by mail. If the schedule for acquisition of the right-of-way or other factors arise, which make it expedient, travel outside of the project area to meet with the absentee owners may be desirable. If such events arise, the travel must be specifically authorized by the CITY. If such travel is authorized, the expenses involved, including the agent's services, will be considered as Additional Services. 3. The initial offer made to the property owner will be based on the value authorized by the CITY. All counter-offers by the property owner, along with the ENGINEER's REAL ESTATE AGENT recommendations will be presented to the CITY for consideration. The CITY must establish and recommend such counter offers before the ENGINEER's REAL ESTATE AGENT will be authorized to agree to the requested changes. All monetary offers made to the property owners will be within the limits authorized by the CITY in the various stages of the negotiation. 4. After reaching an agreement with the landowner on the consideration and all other terms of the transaction, the ENGINEER's REAL ESTATE AGENT will forward to the CITY a Memorandum of Agreement (WA) executed by the property owner to be ratified by the CITY. This M/A sets forth the compensation and any other terms and conditions agreed upon. The CITY will be responsible for obtaining the CITY's ratification and for returning the ratified M/A to the ENGINEER's REAL ESTATE AGENT. The ENGINEER's REAL ESTATE AGENT will then inform the Title Company that the parcel is ready for closing. The payment to the property owner and the closing procedures will be in compliance with the procedures defined in the section D, Closing. 5. In the event these good faith efforts fail to produce a satisfactorily negotiated easement, the ENGINEER's REAL ESTATE AGENT will recommend to the CITY that the CITY use its power of Eminent Domain to acquire the parcels. D. Closing 1. The ENGINEER'S REAL ESTATE AGENT will coordinate contacts with the CITY to deliver any payments to the Title Company prior to closing. City of Fort Worth,Texas Attachment A PMO Release Date:07.232012 Page 4 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 2. This contract assumes that costs for Title Commitments, Title Policies and recording fees will be purchased by the CITY through the assistance of the REAL ESTATE AGENT. The amount paid for the Title Policies will not exceed premium amounts set by the Texas Department of Insurance and agreed upon in advance between the CITY and the Title Company. Any additional Title Company services such as recording fees shall be agreed upon in advance between the CITY and the Title Company. The ENGINEER's REAL ESTATE AGENT will review liens or other exceptions reported in the Title Commitment. The ENGINEER will coordinate the location and the effect of any utility easements. The ENGINEER will report the results of the Title Commitment to the CITY, recommending the disposition of the exceptions. The decision whether the reported exceptions are acceptable or must be eliminated will be the responsibility of the CITY. Any action required to clear title is not included in the Scope of Work for this project, and if required, will be considered Additional Services. 3. The ENGINEER'S REAL ESTATE AGENT will coordinate and attend all closings at the Title Company. E. Filing of Record 1. The ENGINEER'S REAL ESTATE AGENT will confirm that the Title Company records all documents at the Tarrant County Courthouse after closing. 2. The ENGINEER'S REAL ESTATE AGENT will confirm that the Title Company forwards copies of all recorded documents to the CITY. F. Deliverables 1. Two (2) parcel/easement instruments 2. Appraisal information for two (2) parcels 3. Two (2) Memorandums of Agreement (if necessary) 1.1.3 Platting ENGINEER will attend a Preliminary Development Committee (PDC) meeting on behalf of the CITY to determine platting requirements. ENGINEER's subconsultant will prepare a boundary survey Plat for the GST site for submittal to the City of Fort Worth Planning Department and address comments received upon review by the CITY. The boundary survey shall also include the area of the site, the scaled location of the flood hazard area from FIRM, the area of the remainder of the parent tract of land, the name of City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 5 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 the CITY of the parent tract, a legal description of 8.5" x 11" paper and any recorded easements and easements of record. ENGINEER will prepare existing and proposed drainage calculations and drainage area map to satisfy Tarrant County and City's iSWM requirements. It is assumed that the GST site will be located within the ETJ of the City of Fort Worth. Should the site be located within Fort Worth City Limits, additional platting services such as grading permit and zoning services will be required to be performed as part of Additional Services. 1.2 Westside V EST 1.2.1 Site Feasibility Evaluation It is ENGINEER's understanding that the City desires to purchase an approximately 1-acre site for a future EST to serve the Westside V Pressure Plane as well as an access/water line easement to serve the EST site. The City's preferred EST site location is on the existing Begg's Ranch property, southwest of the dead-end of Stacy Lane, but at a location within the City's ETJ. As part of this task, subconsultants for the ENGINEER will perform boundary/topographic survey of the property, preliminary geotechnical investigation report, and an environmental site assessment. A. Boundary/Topographic Survey: ENGINEER's subconsultant will perform boundary survey on an approximately 300-acre parent tract of land and establish an approximately 1 acre tract of land for boundary and topographical survey. Research will include obtaining copies of deeds and plats for the parent tract of land and all adjoining properties and right-of-ways. B. Preliminary Geotechnical Investigation: ENGINEER's subconsultant will perform up to two (2) preliminary soil borings at a depth of 30' each to determine preliminary site soil conditions and how they will affect the tank design. A preliminary letter report will be provided summarizing the findings. C. Environmental Assessment: ENGINEER's subconsultant will preparation of an environmental site review to determine possible impacts from past history of operations on the site. Services for this task will include review of the available physical data sources (e.g. topographic maps, soil survey, geologic references, hydrogeology, etc.) and available historical records to evaluate previous operations at the site. This task will include reconnaissance of the site and surrounding area and interviews with persons familiar with the Site. This task will include contacting regulatory agencies to determine environmental status of the site and will also include research into past oil/gas practices at the facility. The summary of findings will be presented in an environmental site report. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 6 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 D. Static Hydraulic Evaluation: The Engineer will review the elevation of the site provided by property owner's representatives to determine the feasibility of serving the intended water pressure plane. Tank height and length of water line required to serve the site will be reviewed and included in the summary of findings. Once survey, geotechnical, environmental, and hydraulic evaluation services are complete, the ENGINEER will review and compile the information for presentation to the CITY. In addition, the ENGINEER will prepare a concept- level site plan layout for the site to outline tank location and site access. The site plan will be prepared on an 11"x17" size plan sheet and be included in a letter summary of findings describing the site and potential impacts. 1.2.2 Property/Easement Acquisition ENGINEER's will provide property/easement acquisition for the Elevated Storage Tank and Water Line as described above in Section 1.1.2 with the exception of: A. Legal descriptions and acquisition documents will be prepared in accordance with the CITY's requirements for up to five (5) parcels: one (1) for the tank, one (1) for access/utility easement, and up to three (3) for additional water line easements, if needed. Document preparation in excess of five (5) parcels will be Additional Services. B. The ENGINEER's APPRAISER will provide appraisals for five (5) parcels. Appraisals will be approved by the CITY prior to negotiations with the property owners. C. Filing of Record 1. The ENGINEER'S REAL ESTATE AGENT will confirm that the Title Company records all documents at the Parker County Courthouse after closing. D. Deliverables 1. Five (5) parcel/easement instruments 2. Appraisal information for five (5) parcels 3. Five (5) Memorandums of Agreement (if necessary) 1.2.3 Platting ENGINEER will attend a Preliminary Development Committee (PDC) meeting on behalf of the CITY to determine platting requirements. ENGINEER's subconsultant will prepare a boundary survey Plat for the EST site for submittal to the City of Fort Worth Planning Department and address City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 7 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 comments received upon review by the CITY. The boundary survey shall include a drawing with legal description. The boundary survey shall also include the area of the site, the scaled location of the flood hazard area from FIRM, the area of the remainder of the parent tract of land, the name of the CITY of the parent tract, a legal description of 8.5" x 11" paper and any recorded easements and easements of record. ENGINEER will prepare existing and proposed drainage calculations and drainage area map to satisfy Parker County and City's iSWM requirements. It is assumed that the EST site will be located within the ETJ of the City of Fort Worth. Should the site be located within Fort Worth City Limits, additional platting services such as grading permit and zoning services will be required to be performed as part of Additional Services. PHASE 2 DESIGN SERVICES TASK 2.1. DESIGN MANAGEMENT. ENGINEER will provide efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, • communicate effectively, • coordinate internally and externally as needed, and • proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 2.1.1. Managing the Team • Lead, manage and direct design team activities • Apply quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 2.1.2. Communications and Reporting • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct review meetings with the CITY at the end of each design phase • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Water Department. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 8 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly MWWBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design: Begg's Ranch representatives, Walsh Ranch Representatives, Morningstar Representatives. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • 24 MWBE reports will be prepared • 24 monthly water department progress reports will be prepared • 24 monthly project schedule updates will be prepared DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly MWWBE Report Form and Final Summary Payment Report Form TASK 2.2.A. CONCEPTUAL DESIGN (30 PERCENT) - ELEVATED STORAGE TANK The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to • Study the project, • Identify and develop alternatives that enhance the system, City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 9 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 • Present (through the defined deliverables) these alternatives to the CITY • Recommend the alternatives that successfully addresses the design problem, and • Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. • The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. • The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. 2.2.2. Geotechnical Investigations • Geotechnical Investigations will be performed as part of Phase 1. 2.2.3. The Conceptual Design Package shall include a letter report summarizing recommendations to include the following: • Graphic exhibits and written summary of site layout concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended site layout. • Summary of Site Alternatives to include: • Up to two (2) Site Alternatives will be evaluated. • Alternative Site Evaluation including: access, property acquisition impacts, grading, foundation requirements, required easements, platting impacts, and scheduling concerns. • An Opinion of Probable Construction Cost will be prepared for each alternative. • Documentation of key design decisions related to: • Hydraulics, Electrical improvements, SCADA improvements, Tank requirements and appurtenances, and Site Improvements City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 10 of 30 ATTACHMENT e DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 ASSUMPTIONS • 3 copies of the conceptual design package (30% design) will be delivered. Letter Report shall be letter sized and comb- bound with a clear plastic cover. Drawings will be 11 x17 size fold outs bound in the report • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package TASK 2.26. CONCEPTUAL DESIGN (30 PERCENT) —WATER LINE The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to • Study the project, • Identify and develop alternatives that enhance the system, • Present (through the defined deliverables) these alternatives to the CITY • Recommend the alternatives that successfully addresses the design problem, and • Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.26.1.Data Collection • In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. • The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. • The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. 2.2 B.2 Water Line Alignment Evaluation • ENGINEER will perform an alignment evaluation for up to 3 (three) water line alignments from the existing water line termination point in Farmer Road (FM 3225) to the proposed EST Site. Alignment evaluation will include the length of City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 11 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 water line, number of easements, permitting requirements, and Opinions of Probable Construction Cost for each alignment. 2.28.3.Geotechnical Investigations • ENGINEER shall advise the CITY of test borings and other subsurface investigations that may be needed for the project. 2.21BAThe Conceptual Design Package shall include the following: • Cover Sheet • Graphic exhibits and written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. • Documentation of key design decisions related to: • Opinions of probable construction cost. 2.28.5.ENGINEER will provide Subsurface Utility Engineering (SUE) to Quality Level C, as describe below. Quality Level B and A will only be performed as identified specifically in the Scope. Quality Level B and A SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground-mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 12 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. Level B (includes tasks as described for Quality Level C) • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single-conduit lines, and outside edges of multi-conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, which enables the correlation of surface geophysical data to the project's survey control. Level A (includes tasks as described for Quality Level B) • Three dimensional (x,y,z) utility information obtained utilizing non-destructive vacuum excavation equipment to expose utilities at critical points which are then tied down by surveying. Also known as "locating", this quality level provides precise horizontal and vertical positioning of utilities within approximately 0.05 feet. ASSUMPTIONS • 3 copies of the conceptual design package (30% design) will be delivered. Drawings will be 11 x17 size fold outs bound in the report • ENGINEER shall prepare the meeting notes of the Concept Review meeting and revise the report, if needed. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 13 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package TASK 3A. PRELIMINARY DESIGN (60 PERCENT) - ELEVATED STORAGE TANK Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 2.3A.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall project easement layout sheet(s) with property owner information. • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. • Bench marks per 1,000 ft of plan/profile sheet—two or more. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Plan Sheets will consist of: Site Plan, Paving Plan, Grading Plan, Drainage Plan, Yard Piping Plan, Piping Profiles, Tank Floor Plan View(Composite and Spheroid), Tank Elevation View(Composite and Spheroid), Tank Details, Erosion Control Plan, Electrical Site Plan, Electrical Floor Plan • Preliminary Specifications will consisting of a Table of Contents and any non-City standard technical specifications to be included in the project. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 14 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 Preliminary Plans and Specifications will address the following: Hydraulics Telecommunications • Tank Location Compatibility • Tank Capacity/Size Landscaping • Piping • Irrigation system• Control Valves Tank • Foundation • Yard Piping and Valves 0 Construction (Spheroid and • Pressure Transducer Composite) FAA • Doors • Height restriction Hatches variance Electrical • Use of Interior Space • SCADA • Mixing System • Operational Alarms • Logo • Security Site • Safety Lighting • Grading • Interior Lighting • Drainage Paving • Site Lighting • Fencing 2.3A.2.Geotechnical Investigation • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. Three (3) soil borings will be performed within the tank footprint at depths up to 60 feet. A Geotechnical Report will be prepared summarizing the insitu material characteristics and recommendations for construction of the elevated storage tank. 2.3A.3 Opinion of Probable Construction Cost • ENGINEER will prepare preliminary opinion of probable construction cost (OPCC)for the proposed elevated storage tank. ASSUMPTIONS • 3 borings up to a depth of 60 feet each will be provided. • 3 sets of 11"x17" size plans will be delivered for the Preliminary Design (60% design). • 1 Opinion of Probable Construction Cost City of Fort Worth,Texas Attachment A PIVO Release Date:07.23.2012 Page 15 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 • 2 sets of Preliminary specifications will be delivered for the Preliminary Design (60% design). • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • 1 set of PDF drawings will be delivered on BuzzSaw for Utility Clearance. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Opinion of probable construction cost TASK 2.3B. PRELIMINARY DESIGN (60 PERCENT) —WATER LINE Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. These services will assume 12,000-15,000 linear feet of water line design ranging in diameter from 16"-24" to connect the proposed Elevated Storage Tank to the existing water system. ENGINEER will develop the preliminary design of the infrastructure as follows. 2.313.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall project easement layout sheet(s) with property owner information. • Overall project water layout sheets. The water layout sheet shall identify the proposed water main improvement/existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. • Overall water and/or sanitary sewer abandonment sheet. • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. • Bench marks per 1,000 ft of plan/profile sheet—two or more. City of Fort Worth,Texas Attachment A PIVO Release Date:07.23.2012 Page 16 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. • The ENGINEER shall make provisions for reconnecting all identifiable water service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. 2.38.2.Geotechnical Investigation • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. 2.313.3.Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 2.313.4. Utility Clearance/Permitting • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 17 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 • ENGINEER will prepare and coordinate submittal of one (1) utility crossing permit application for crossing of TxDOT roadway (FM 3225) in accordance with TxDOT requirements. 2.313.5.Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract documents. • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. 2.313.6 Opinion of Probable Construction Cost • ENGINEER will prepare preliminary opinion of probable construction cost (OPCC) for the proposed water line. 2.313.7 Right-of-Way Research • The ENGINEER's Subconsultant shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 2.313.8 Right-of-Way/Easement Preparation and Submittal • The ENGINEER's Subconsultant shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. 2.313.9 Easement Acquisition In accordance with Section 1.2.2: • The ENGINEER's Subconsultant shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • ENGINEER's Subconsultant will prepare appraisals for the permanent water line easements and temporary construction easements. The interest appraised for these parcels will be easement estate. • ENGINEER's Subconsultant will negotiate easements associated with water line and coordinate required title and closing services on behalf of the CITY including Initial Offer, Signed Memorandum of Agreement/Final Offer Letter, and Closing Transaction, or Preparation of Eminent Domain Package. Easement fees, City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 18 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 recording fees, title examination, title curative or title policy fees, attorney expenses, and court costs shall be paid by the CITY. 2.313.10 Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: • A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: • The following information about each Control Paint; • Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) • X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. • Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. • No less than two horizontal bench marks, per line or location. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall prepare and submit Temporary Right of Entry for landowners to CITY PM. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 19 of 30 ATTACHMENT DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 2.313.11 Subsurface Utility Engineering • ENGINEER will perform Subsurface Utility Engineering (SUE) to Quality Level B, as described below. In accordance with CI/ASCE 38-02, up to three (3) Level A SUE will be performed for the project. ASSUMPTIONS • 12,000-15,000 linear feet of 16"-24"Water Line Design. • Easement documents for up to 3 parcels. • 2 borings at an average bore depth of 20 feet each will be provided. • 4 sets of 11"x17" size plans will be delivered for the Constructability Review. • 3 sets of 22"x34" size plans will be delivered for the Preliminary Design (60% design). • 2 sets of specifications will be delivered for the Preliminary Design (60% design). • 1 Opinion of Probable Construction Cost • DWF/PDF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. 10 sets of 22"x34" size drawings will be delivered for Utility Clearance. • 1 TxDOT utility crossing permit. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Traffic Control Plan D. Opinion of probable construction cost E. Permanent Water Line Easement Documents F. Temporary Construction Easement Documents City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 20 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 TASK 2.4A. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). — ELEVATED STORAGE TANK Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. • For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%)to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • Regulatory Review: The ENGINEER will submit final plans to the following regulatory agencies for review: • Texas Commission on Environmental Quality (TCEQ) • Texas Department of Licensing and Registration (TDLR) —for ADA requirements. ENGINEER will pay the review fee required for plan submittal. • Building Permit: Since the EST site is anticipated to be within the ETJ of Fort Worth, no building permit services are anticipated. • Public Meeting: ENGINEER will prepare for and attend one (1) public meeting during the Design Phase of the project. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS • Attendance at one design phase Public Meeting. • Bid Proposal Form will be prepared for Lump Sum type bidding • 3 sets of 11x17 size drawings and 2 sets of specifications will be delivered for the 90% Design package. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • 3 sets of 1 1x1 7 size drawings and 5 specifications will be delivered for the 100% Design package. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 21 of 30 ATTACHMENT DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • Estimated Plan Sheets (32): • Cover Sheet • Details 2 • General Notes/Sequencing • Details 3 • Easement Layout Sheet . Details 4 - Connections • Erosion Control Plan • Water Layout Sheet • Electrical Site Plan • Site Plan • Electrical One Line Diagram • Paving Plan • Electrical Schedules • Grading and Drainage Plan • Control Schematic • Yard Piping Plan • Electrical Floor Plan (Spheroid and • Piping Profiles Composite— 2 Sheets) • Tank Plan View (Spheroid and . Electrical Details 1 Composite-2 Sheets) • Electrical Details 2 • Tank Elevation View (Spheroid and Composite-2 Sheets) Electrical Details 3 • Tank Details (Spheroid and • Electrical Details 4 Composite-2 Sheets) 0 Electrical Details 5 • Details 1 DELIVERABLES A. Public Meeting exhibits and data base listing of names and addresses of residents and businesses affected by the project. B. 90% construction plans and specifications. C. 100% construction plans and specifications. D. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. E. Original cover mylar for the signatures of authorized CITY officials. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 22 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CrrY PROJECT NO.:100378 TASK 2.413. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT)—WATER LINE Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. • Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%)to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS • 3 sets of 22"x34" size drawings and 3 sets specifications will be delivered for the 90% Design package. • A DWF/PDF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • 3 sets of 22"x34" size drawings and 3 sets of specifications will be delivered for the 100% Design package. • A DWF/PDF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • Estimated Plan Sheets (48): • Cover Sheet • Water Layout Sheet • General Notes/Sequencing (2) • Plan and Profile Sheets (20) • Proposed Water Layout • Water Details (7) • Existing Water Layout • Erosion Control (10) • Control Sheet • Traffic Control (2) • Easement Layout Sheet (2) City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 23 of 30 ATTACHIMIIENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. PHASE 3 BIDDING SERVICES TASK 3.5. BID PHASE SERVICES. It is anticipated that the Elevated Storage Tank and Water Line projects will be bid separately. Therefore, the following service will be performed for each of the two (2) separately bid projects. ENGINEER will support the bid phase of the project as follows. 3.5.1. Bid Support • The ENGINEER shall sell contract documents (11x17 and 22x34 plans) and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. • Incorporate all addenda into the contract documents and issue conformed sets. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 24 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 ASSUMPTIONS • Each of the two projects will be bid only once and awarded to one contractor. • 1 set of digital construction documents will be made available on Buzzsaw for plan holders and/or given to plan viewing rooms.(for each project) • 6 sets of 11 x1 7 size drawings for the Elevated Storage Tank and 6 specifications will be held at Engineer's office for selling to bidders. • 6 sets of 22x34 size drawings for the Water Line and 6 specifications will be held at Engineer's office for selling to bidders. • For the EST, 6 sets of 11x17 size plans and 6 specifications (conformed, if applicable) will be delivered to the CITY. • For the Water Line, 6 sets of 22x34 size plans and 6 specifications (conformed, if applicable) will be delivered to the CITY. • PDF files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) PHASE 4 CONSTRUCTION SERVICES TASK 4.6. CONSTRUCTION PHASE SERVICES. - ELEVATED STORAGE TANK AND WATER LINE ENGINEER will support the construction phase of the project as follows. 4.6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre-construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • Visits to Site and Observation of Construction. ENGINEER will provide on-site construction observation services during the construction phase. ENGINEER will make visits at intervals as directed by the CITY in order to observe the progress of the Work. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 25 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 similar methods of general observation of the Work based on ENGINEER's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and ENGINEER will keep Client informed of the general progress of the Work. The purpose of ENGINEER's site visits will be to enable ENGINEER to better cant'out the duties and responsibilities specifically assigned in this Agreement to ENGINEER, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. • Clarifications and Interpretations. ENGINEER will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by Client. • Change Orders. ENGINEER may recommend Change Orders to Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. • Shop Drawings and Samples. ENGINEER will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. • Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or"or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. • Inspections and Tests. ENGINEER may require special inspections or tests of Contractor's work as ENGINEER deems appropriate, and may receive and review certificates of inspections within ENGINEER's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. ENGINEER's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract City of Fort Worth,Texas Attachment A PVIO Release Date:07.23.2012 Page 26 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 Documents. ENGINEER shall be entitled to rely on the results of such tests and the facts being certified. • Disagreements between Client and Contractor. ENGINEER will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, ENGINEER shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. • Applications for Payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, ENGINEER will determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's representation to Client, based on such observations and review, that, to the best of ENGINEER's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work-in-progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work, ENGINEER's recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in this Agreement. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to Client free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between Client and Contractor that might affect the amount that should be paid. • Substantial Completion. ENGINEER will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of Client, ENGINEER considers the Work substantially complete, ENGINEER will notify Client and Contractor. • Final Notice of Acceptability of the Work. ENGINEER will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that ENGINEER may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of ENGINEER's knowledge, information, and belief based on the extent of its City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 27 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 services and based upon information provided to ENGINEER upon which it is entitled to rely. • Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. ENGINEER shall not have the authority or responsibility to stop the work of any Contractor. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list 4.6.2 Coating and Welding Inspection • ENGINEER's subconsultant will perform coating and welding inspection for the purposed of quality assurance testing during construction of the EST. 4.6.3 Record Drawings • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: • These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the mylars. PDF files shall be uploaded to the project's Record Drawings folder in Buzzsaw. ASSUMPTIONS • Public Meeting exhibits and data base listing of names and addresses of residents and businesses affected by the project • 5 RFI's are assumed. • 2 Change Orders are assumed City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 28 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V EST AND WATER LINE CITY PROJECT NO.:100378 • 75 Shop Drawings reviews are assumed for the EST • 15 Shop Drawings reviews are assumed for the Water Line • 16 Site Observation Visits are assumed for the EST. • 8 Site Observation Visits are assumed for the Water Line. • 15 Application for Payment Requests are assumed for the EST. • 8 Application for Payment Requests are assumed for the Water Line. • One PDF copy of full size (11"x17") record drawing plans will be delivered to the CITY. • One PDF copy of full size (22"x34") record drawing plans will be delivered to the CITY. DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items F. Record Drawings on PDF City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 29 of 30 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE V ESTAND WATER LINE CITY PROJECT NO.:100378 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Services related to assistance during property condemnation. Services related to acquiring a building permit for construction. Design services related to off-site drainage improvements. Services related to preparation and execution of Stormwater Facility Maintenance Agreement. Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Services necessary due to the default of the Contractor. Services related to damages caused by fire, flood, earthquake or other acts of God. Services related to warranty claims, enforcement and inspection after final completion. Services related to Survey Construction Staking • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 30 of 30 ATTACHMENT "B" Design Services for Westside V 1 MG Elevated Storage Tank and Water Line City Project No. 100378 Time and Materials with Multiplier Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.25. Direct Salaries are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll- related taxes, payments, premiums, and benefits. ii. Non-Labor Expenses. Direct reimbursable expenses such as express delivery services, fees, travel, and other direct expenses will be billed at 1.10 times the cost. 4.6% will be added to each invoice to cover certain other expenses as to these tasks, such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount Prime Consultant Kimley-Horn and Associates, Inc. Design, Bidding, and $598,150 70.72 Construction Phase Services Proposed MBE/SBE Sub-Consultants Gorrondona and Associates Survey $108,000 12.81 ML&M Realty Advisors, LLC Appraisal Services $25,500 3.02 CMJ Engineering, Inc. Geotechnical Services $19,000 2.25 The Rios Group SUE $10,000 1.19 JQ Infrastructure, LLC. Structural Design $7,500 0.89 Non-MBE/SBE Consultants McCreary and Associates, Inc. Electrical Design $22,250 2.64 W&M Environmental Group, LLC Environmental Services $6,000 0.71 Steel Inspectors Steel Inspection $19,250 2.28 McCarthy Right of Way Partners, LLC ROW Services $29,400 3.49 TOTAL $843,100 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE 100378—Westside V Elevated Storage $ 843,100 $ 170,000 20.16 % Tank and Water Line City MBE/SBE Goal = 15% Approximate Consultant Commitment = 20.16 % M@ § � ■ ® i 52 )— ^ k ƒ 3§ & ! k § ■ i &/ \ 2 o k \� ct ) ! 52 § ■ E k \\ \\ \ + \ \ ) \ \\ \\\ \ \\\ \ ; p ) � ! ! , - e ! !# 72 ] A » o � ; 7 ; � ##t ■ « 2aa , a2432k ! ! ) z23 / m ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Westside V 1 MG Elevated Storage Tank and Water Line City Project No. 100378 No changes to the Standard Agreement. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 ID Task Name Start JFinish Predet 2018 Jun Feb Mar Apr Mav Jun I Jul ( Aug Se 1 Contract Execution Mon 7/11/16 Mon 7/11/16 2 Notice to Proceed Mon 7/11/16 Mon 7/11/16 3 Site Assessment and Tue 7/12/16 Mon 2 Conceptual Design 9/26/16 4 Data Collection Tue 7/12/16 Mon 7/25/16 2 5 Preliminary Tue 7/12/16 Mon 8/8/16 2 Geotechnical Analysis 6 Topographic Survey Tue 7/12/16 Mon 8/8/16 2 7 Site Evaluation Tue 8/9/16 Mon 8/22/16 5,6 I 8 Hydraulic Analysis Tue 7/26/16 Mon 8/8/16 4 9 Transmission Line RoutinTue 7/12/16 Mon 8/22/16 30 Conceptual Design(30%)Tue 8/9/16 Mon 9/12/16 8 11 Letter Summary Report Tue 9/13/16 Mon 9/19/16 10 12 City Review(30%) Tue 9/20/16 Mon 9/26/16 11 13 Site/Easement Acquisition Tue 9/20/16 Mon 12/12/111 14 Right of Entry Tue 9/20/16 Wed 9/28/16 15 Site/Easement Survey Thu 9/29/16 Wed 11/2/16 14 16 Appraisals Tue 9/20/16 Mon 10/17/11 17 Initial Offer Tue 9/20/16 Mon 10/3/16 18 Acquisition Tue 9/20/16 Mon 12/12/11 19 Platting Tue 10/4/16 Mon 2/13/17 20 PDC Meeting Tue 10/4/16 Mon 10/17/1117 21 Prepare Plat Tue 10/18/16 Mon 11/21/1120 22 Plat Application Tue 10/18/16 Mon 11/21/1120 23 Plat Comments Tue 11/22/16 Mon 1/23/17 21,22 24 Plat Approval Tue 1/24/17 Mon 2/13/17 23 25 Preliminary Design EST Tue 9/27/16 Mon 11/14/112 26 Final Geotechnical Tue 9/27/16 Mon 12 Analysis 10/24/16 27 Design Plans and Tue 9/27/16 Mon 11/7/16 12 Specifications 28 City Review(60%) Tue 11/8/16 Mon 11/14/1127 29 Final Design EST Tue 11/15/16Mon 2/20/1728 30 Final Plans and Tue Mon 28 Specifications 11/15/16 12/26/16 31 Submit for TCEQApproviTue 12/27/16 Mon 2/20/17 30 32 Submit for TDLR ApprovETue 12/27/16 Mon 2/20/17 30 33 1 City Final Plan Review Tue Mon 1/16/17 30 (90%) 12/27/16 !I 34 Bid Documents Tue 1/17/17 Mon 1/30/17 33 35 Bidding and Award EST Thu 1/19/17 Tue 4/18/17 33,13 36 Advertisement 1 Thu 1/19/17 Thu 1/19/17 37 Advertisement 2 Thu 1/26/17 Thu 1/26/17 38 Pre Bid Meeting Tue 1/31/17 Tue 1/31/17 39 Bid Opening Thu 2/9/17 Thu 2/9/17 40 MBE Approval Fri 2/10/17 Thu 2/23/17 39 41 M&C Circulation Fri 2/24/17 Thu 3/16/17 40 42 M&C Award Fri 3/17/17 Tue 4/4/17 41 43 Pre-Construction Meetin Wed 4/5/17 Tue 4/11/17 42 44 Public Meeting Wed 4/12/17 Tue 4/18/17 43 a5 Construction EST Wed 4/19/17Tue 8/21/18 35 Project:Caylor_ Task Summary Manual Progress � 1 Split Project Summar + Date:Thu 5/5/1 Milestone ♦ External Tasks Client#: 25320 KIMLHORN ACORD,. CERTIFICATE OF LIABILITY INSURANCE ®ATE(MWDG/YYYY) 6/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jerry Noyoia Greyling Ins. Brokerage/EPIC PHONE 770-552-4225 FA 866-550082 A/C No Ext: A/C No 3780 Mansell Road,Suite 370 E-MAIL ADDRESS: a rry no ola g re Iln com Alpharetta,GA 30022 877 908-5619 INSURER(S)AFFORDING COVERAGE NAIC p INSURER A:National Union Fire Ins.Co. 19445 INSURED INSURER B:Commerce&Industry Ins.Co. 19410 Kimley-Horn and Associates,Inc. INSURER C:New Hampshire Ins.Co. 23841 P.O.Box 33068 INSURER D:Lloyds of London 085202 Raleigh, NC 27636 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 16-17 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SR WVD POLICY NUMBER MWDD/YYYY MWDD A X COMMERCIAL GENERAL LIABILITY 5268169 4/0112016 0410112017 EACH OCCURRENCE $110001000 CLAIMS-MADE �OCCUR PREMISES EaEoccccurrence $500,000 X Contractual_Llab. MED EXP(Any one person) s25.000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 POLICY�ECOT LOC PRODUCTS-COMP/OP AGG s2,000000 OTHER: $ A AUTOMOBILE LIABILITY 4489663 410112016 041011201 (CEO, .id.ntsINGLE LIMY 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ t X HIRED AUTOS X AUTOS Per acciden - $ B X UMBRELLA LIAB X 1 OCCUR BE013778306 4101/2016 04/011201 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X RETENTION$10,000 $ C WORKERS COMPENSATION 15893685(AOS) 410112016 041011201 X PER OTH- AND EMPLOYERS'LIABILITY OFFICEWMEM ER EXCLUDED?ECUTIVEa N/A E.L.EACH ACCIDENT $1,000,000 A (Mandatory In NH) 15893686(CA) 4/0112016 0410112017 E.L.DISEASE-EA EMPLOYEE $1,000,000 it yes,describe under ESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D D Professional Liab P070831600 0410112016 04/01/2017 Per Claim$1,000,000 Aggregte$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space Is required) Re: 061018164-Westside V 1 MG Elevated Storage Tank&Water Line; FTW Project#100378.The City of Fort Worth,its employees,officers,officials,agents&volunteers are named as Additional Insureds with respects to General&Automobile Liability where required by written contract.The above referenced liability policies with the exception of professional liability are primary&non-contributory where required by written contract. Retroactive Date:0211011967.Should any of the above described policies be (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Fort worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE tY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE 01988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) 1 of 2 The ACORD name and logo are registered marks of ACORD #S504947/M466762 JNOY1 DESCRIPTIONS (Continued from Page 1) cancelled by the issuing insurer before the expiration date thereof,30 days'written notice(except 10 days for nonpayment of premium)will be provided to the Certificate Holder. SAGITTA 25.3(2014101) 2 of 2 #S5049471M466762 M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FO--RTMRT-" COUNCIL ACTION: Approved on 6/21/2016 - Resolution No. 4639-06-2016 DATE: 6/21/2016 REFERENCE NO.: **C-27784 LOG NAME: 60WESTIDE V EST KIMLEY HORN CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Engineering Agreement with Kimley-Horn and Associates, Inc., in the Amount of$843,100.00 for the Westside V Elevated Storage Tank and Water Main Project, Located in West Fort Worth and the City's Extra Territorial Jurisdiction and Adopt Reimbursement Resolution, Provide for Project Costs and Contingencies for a Project Total in the Amount of$893,100.00 (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Engineering Agreement with Kimley-Horn and Associates, Inc., in the amount of$843,100.00 for the Westside V Elevated Storage Tank and Water Main project, located in west Fort Worth and the City's Extra Territorial Jurisdiction; and 2. Adopt the attached resolution expressing official Intent to Reimburse expenditures with proceeds of future debt for the Westside V Elevated Storage Tank and Water Main Project. DISCUSSION: Growth within west Fort Worth and its Extra Territorial Jurisdiction (ETJ) requires the installation of pump stations, water storage facilities and transmission mains in order to provide reliable water service to existing and proposed developments and as required for compliance with state regulatory requirements related to public water system design and operations. On November 17, 2015, the City Council approved the construction of a booster pump station to provide service to portions of the Walsh Ranch and Morningstar developments. The Water Department desires to connect this pump station to the proposed elevated storage for improved levels of service. On November 12, 2015, a request for proposals was issued for several Water Department projects, including the Westside V Elevated Storage Tank and Water Main Project. On December 18, 2015, a total of five proposals were received from engineering consultants. A city staff consultant selection committee recommended Kimley-Horn and Associates, Inc., (Kimley-Horn and Associates) for the Westside V Elevated Storage Tank and Water Main Project. As part of the work, Kimley-Horn and Associates will perform site feasibility studies, field surveys, property appraisals and platting for both an elevated storage tank and ground storage tank site, located in west Fort Worth and its ETJ. Upon acquisition of the properties, Kimley-Horn and Associates will prepare engineering plans and specifications for an elevated storage tank and water transmission main. The transmission main will connect the proposed elevated storage tank to the booster pump station and the water infrastructure installed as part of the Morningstar Development. Kimley-Horn and Associates will also provide construction management services as part of this Engineering Agreement. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the http://apps.cfwnet.org/council_packet/mc review.asp?ID=22417&councildate=6/21/2016 6/29/2016 M&C Review Page 2 of 3 appropriation authority authorized under the Direct Purchase Note (DPN) Program will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one-percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short-term financing source, another funding source will be required, which could mean issuance of securities under the DPN Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. The City Council adopted the Water Department's Fiscal Year 2016-2020 Five-Year Capital Improvement Plan on February 2, 2016 (Mayor and Council Communication (M&C) G-18662). This City Council adopted plan includes this specific project, with funding identified through the DPN Program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statements, Staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through other budgetary methods. Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds. The Engineering Agreement being approved is only a portion of the project that includes project management, inspection, contingencies and construction cost with an overall budget for this project of$7,743,100.00. In addition to the Engineering Agreement, $50,000.00 is required for project management and real estate services. It is anticipated that the design and property acquisition process will commence in July/August 2016 and be completed by June of 2017. It is anticipated construction will start October 2017 (Fiscal Year 2018 Capital Budget) and be completed by February 2019. M/WBE OFFICE: Kimley-Horn and Associates is in compliance with the City's BDE Ordinance by committing to 20 percent SBE participation. The City's goal on this project is 15 percent. The project is located in COUNCIL DISTRICT 3 and the City's ETJ. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that the appropriation is available in the Programmable Project No. P00005 as directed by M&C G-18375 in the 2017 Water and Sewer Revenue Bonds Capital Project Fund for the Westside V Elevated Storage Tank and Water Main Project. Appropriations for the Repainting of the Westside V Elevated Storage Tank and Water Main Project by fund will consist of the following: Existing Additional Future FUND Appropriations A ro riations IF Appropriati ons Project Total* Water/Sewer DPN Fund 5600511 $893,100.00 $0.00 $ 0.00 $ 893,100.00 Future Revenue Bond $ 0.00 $0.00 $6,850,000.00 $6,850,000.00 Project Total $893,100.00 $0.00 $6 850 000.00 $7,743.1 OO.An Numbers rounded for presentation purposes. http://apps.cfwnet.org/council_packet/mc review.asp?ID=22417&councildate=6/21/2016 6/29/2016 m M&C Review Page 3 of 3 TO Fund Department Account Project I Program I Activity Budget I Reference# -1-km-ount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# I Amount ID I I ID I I I Year Chartfield 2 56005 1 0600430 1 5330500 1 100378 001830 1 2016 $843,100.00 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Chris Harder(8293) ATTACHMENTS 60WESTIDE V EST KIMLEY HORN form 1295.pdf 60WESTSIDE V EST EXHIBIT.pdf 60WESTSIDE V EST REIMB RESOLUTION.doc http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22417&councildate=6/21/2016 6/29/2016