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HomeMy WebLinkAboutContract 26995 CITY SECRETARY CONTRACT NO. _ 995 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Kimlay_Hnrn and Aaanamatac, Inc. (the "ENGINEER"), for a PROJECT generally described as: Water Presssure Analysis and Design for four Localized areas . Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. (2) Monthly invoices will be issued by the ENGINEER for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving seven (7) days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or dama-es caused the CITY U Uc VU`-5)H"', H9 Ia. 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. (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 costlexecution 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 plastic film sheets, 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. 1tPTH 2CFC QD —2 �L5ln10 E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (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 -3- C�FFOC DA,d G?lSI,- DO c Urf�tE EY94 v U R Va. conditions; time or qualify of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise(M/WBE) participation In accord with City of Fort Worth Ordinance No. 11923, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. 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 three (3) 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 o -4- ,d G'PXOIVD 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 three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3)hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photo copy 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. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits which are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease -each employee Professional Liability $1,000,000 each claim/annual aggregate (2) Certificates of insurance evidencing that the ENGI as ob I o UJ4`��U required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) 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. (b) Certificate(s) of insurance shall document that insurance coverages specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation, non-renewal 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. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self insured retentions, affecting insurance required herein may be acceptable to the CITY at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) 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. (1) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless such are approved by the CITY. G���uID (j) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided the ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (1) All insurance required in section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When insurance coverage is maintained by subconsultants, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. 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 which 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 ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. dD Ft-T n O. Permitting Authorities -Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The 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 and will provide labor and safety equipment as required by the ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and rend s U(� �'C� ''[� CuG?� Rx�;, b m. required by the CITY in a timely manner in accordance with the project schedule in 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 and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess or collect any tax to fund this indemnification. (2) The indemnification and 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 such hazardous substance, contaminant or asbestos is brought onto the PROJECT by ENGINEER. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other li U p�U�}�r��1�Cr}E�f,^ivpjMiU�(W�7 S� R. var!!l,my yet 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/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, -io- UFF0C0A1 '� cG�L� C0N���� � r; �� T . 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 final designs, drawings, specifications and documents shall be owned by the CITY. 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. 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 five (5) days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b) Out-of-pocket expenses for purchasing storage containers, microfilm, 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 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 (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party will 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 means the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitral; , exclusive of attorney's fees, costs and expenses ` a 'K t -12- INN �i?rE"'P�EREA may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. 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.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. 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. NAM VIISCORD I OF 115D,"7H Val 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 ATTEST: CITY OF FORT WORTH A s � Gloria Pea on �, �; Mike Groomer City Secretary Assistant City Manager APPROVED Contract uthoriz(ation '��"�`� �� A_ Douglas Rademakpr, P=E- Date -1-- - Director, Engineering Department APPROVED AS TO FORM AND LEGALITY Kimley-14nrn and Ac_cecitatpsY =. ENGINEER By: a'1' /2 '� Assistant City ttorney Charles M_ Staples,P F. Senior Vice President AAEPA afflccBQd 19M TCY -14- ATTACHMENT "A" General Scope of Services I. Basic Services The Scope of Services for the Fort Worth Pressure Analysis and Design for Four Localized Areas is based on meetings with and conversations with the City. This project generally consist of performing analysis, preparing a report with recommendations for improvements, preparing construction contract documents to bid City approved recommendations, and assist the City during bidding. Each area for analysis as identified below will be a separate project with two (2) phases: ■ Phase I - Analysis and Report Preparation ■ Phase II - Design and Bidding Services Study Areas - The study areas shall consist of four (4) areas numbered, titled and generally described as follows: . Areal: Holly/NS II . North Boundary 28`h Street . South Boundary 20`h Street . East Boundary Hanna Street . West Boundary Market Street . Area 2: Timber Line . North Boundary Fairway/Mecca • South Boundary Rodeo . East Boundary Wichita Street . West Boundary Old Mansfield Hwy . Area 3: Camelot . North Boundary Alta Mesa Blvd. South Boundary Sycamore School Road . West Boundary Crowley Road . East Boundary Baird Street J6"Ir� Bn`� r,I2�VUrr,D 1 of 11 Area 4: (To be Designated later) Area 4 is currently undefined and may be designated by the City at a later date. Phase I - Analysis and Report Preparation The following services will be performed for each of the four identified areas: A. Kick-Off Meeting - KHA will prepare for and attend one (1) Kick-Off meeting per area with the City that will include all study areas. B. Data Collection - The City will be responsible for providing the following data: 1. Maps • Block or R.O.W. maps. (paper) • Utility maps. (paper) • Contour maps with contour intervals not less than 2-feet based on the source data available from the City. Contour intervals shall not be greater than 10-feet. (paper, digital if currently available) • Any digital maps of the areas that the City already possess. (digital) • Any current aerial photography of the areas that the City already possess. (hard copy or digital) 2. Pressure Data - • The City will provide any existing pressure data. Data should be provided on either 24 hour or 7 day circular charts. • The City will provide pressure monitoring and will provide data to KHA on 24 hour or 7 day circular charts. Locations will be provided by Kimley-Horn. • The City will provide system operational data during the time that pressure monitoring is taking place and such data shall include: a. Tank Levels - Ground storage and elevated storage tank levels for all the applicable Pressure Planes should be provided during the testing period. Data should be provided on an hourly basis. KRA will provide a spreadsheet to be completed by the City. !, flcow 2 of 11 Ai rt�LoI �a^►U(U ' - , B E b. Flow and Pressure Data - Flow and pressure data should be provided during the testing period for the pump stations in the applicable Pressure Planes. Data should be provided on an hourly basis. KHA will provide a spreadsheet to be completed by the City. 3. Pressure Complaints - The City will provide any historical pressure complaint information including the address of the complaint and the frequency and nature of the complaint. 4. Street/Roadway Improvements - The City shall provide a list of recently completed (last year) and planned (next 5 years) Street/Roadway reconstruction, or overlay projects and the date of completion or projected start date for all locations within or adjacent to all study areas. 5. Water System Improvements - The City shall provide a list of recently completed (last 5 years) and planned (next 5 years) water system improvements with or adjacent to the study areas. The City shall provide the nature of the project and completion data for completed projects or the projected construction start date for planned projects. 6. Field Verification - The City shall provide personnel who are familiar with each of the four study areas for verification of data. 7. Water System Material - The City shall provide data on existing system materials including the distribution mains and services. 8. Water Main and Service Breaks - The City shall provide any historical information on water main or service breaks in the study areas. The location, data, and nature of the break shall be provided for each instance. 9. Previous Studies - The City will provide any results of previous in-house or consultant studies of these areas. 10. Planning Guidelines - The City shall provide planning guidelines for pressure, demand, and pressure plane elevations as used in the most recent Water System Master Plans, Impact Fee Reports, or other Fort Worth Water System Planning Reports. C. System Analysis - Once data is received Kimley-Horn will perform the following for each of the service areas. 1. Tabulate relevant pressure circular chart data for a representative area for each of the four study areas. 2. Create an exhibit for each area that contains a. Study area boundaries uF FLC'8Ad P E C 00 R b. existing water line location and size, Cu Off i�E r�aA n1Y NIP.17b, TEL 3of11 c. contours d. special facilities such as existing water storage tanks, pump stations, and pressure reducing stations e. large are special users in the area 3. Pressure Analysis - Kimley-Horn will analyze pressure based on a static analysis of the area. No computer modeling will be performed. KHA will develop methodology for High and Low pressure acceptability ranges. 4. Demand - Kimley-Horn will prepare demand projections for each area based on the land use as determined by available aerial photography. 5. Kimley-Horn will propose improvements to modify the system characteristics to bring pressure ranges within the defined goals of the City of Fort Worth. Each recommendation will be in accordance with one of the following general solutions. a. Moving the study area into an adjacent pressure plane with higher pressure. If this action is anticipated to result in a portion of the area exceeding desirable pressure limits, individual pressure reducing valves (PRV's) will be proposed on the customers service line. These PRV's are to be owned and maintained by the customer. Kimley-Horn will recommend improvements necessary to facilitate the transfer to the new pressure plane. Kimley-Horn will also provide guidelines for PRV installation. b. Moving the study area into an adjacent pressure plane with higher pressure. If this action is anticipated to result in a large portion of the area exceeding desirable pressure limits, pressure reducing valves (PRV's) may be proposed on the City's main line to bring the pressure to Fort Worth guidelines. Kimley-Horn will recommend improvements necessary to facilitate the transfer to the new pressure plane. Kimley- Horn will also provide guidelines for PRV installation. c. Creation of new pressure plane through addition of booster pump. Kimley-Horn will recommend improvements necessary to facilitate the transfer to the new pressure plane. Kimley-Horn will also provide guidelines for PRV installation. 6. Cost projections - Kimley-Horn will provide opinion of probable construction cost for each recommendation. 7. Exhibits - Kimley-Horn will prepare an exhibit with proposed improvement location and descriptions. 00�(�OGBd ��uQD r�l�P( 4 of 11 n V'J.v0�FH �15W. 8. Results - Kimley-Horn will meet with the City to review the results of each study area. D. Report - Kimley-Horn will prepare a report to summarize the results for each study area. 1. KHA will prepare a report describing the methodology and results of the analysis. The report will include the following sections: a. Executive Summary b. Introduction c. Methodology d. Study Area Characteristics e. Recommendations and Cost Projection f. Area Map and Exhibits 2. Presentation of Results - Kimley-Horn will meet with City staff for each report to discuss results and receive comments. 3. Kimley-Horn will revise each report to reflect City's comments. E. Public Meetings to Present Results - KHA will conduct one public meeting per area to present results. KHA will prepare summary material for the meetings. F. Deliverables - Deliverables for each study area will include: 1. 20 copies of the report with letter size or 11 x 17 exhibits for each area. 2. One 36 x42 Exhibit for each area with existing information and proposed facilities. ��.�ll Ur NrIS�`;Ve'ISUWQU 5of11 Phase II - Design and Bidding Services A. Based on our discussions and meetings, Kimley-Horn will prepare Bidding documents and assist the City with bidding for the improvements recommended in the report that is approved by the City of Fort Worth. It is anticipated that one or a combination of the following types of improvements may be recommended by the report for each service area: 1. Water main extension 2. Booster Pump station 3. Privately owned and maintained PRV's 4. Publicly owned and maintained PRV's 5. Valve cut-in B. Water Main Extension 1. Coordination with utilities within City ROW or Easement. a. Telephone b. City of Fort Worth Utilities c. Electric Utilities d. Cable Television e. Gas Utilities f. Other franchise utilities 2. Conduct topographical survey (Prepared by MWBE). 3. Engineering plans, specifications, and construction contract documents prepared in accordance with an approved route and for project bidding and regulatory approval. One set of bidding documents will be prepared for the identified improvements. Plans shall consist of 22"x 34" plan sheets at a scale of 1"=40' horizontal for water lines 12-inch and smaller. Profiles will be included on water lines 12-inches and larger and shall be at a 1"=4' vertical scale. Specifications shall include technical specifications for materials and installation of the proposed facilities. The contract documents shall be based upon City of Fort Worth Water Department Standard Contracts. SFA(I f �;)I C►QD �Tre11E F'RaL'Y 6 of 11 1 . �i1 'u'. j d ao 4. Submit, per bid set, to the City 95% complete plans, specifications, contract documents, and Opinion of Probable Construction Cost for review and comments. 5. Attend one meeting per bid set to present 95% design and deliverables. 6. Attend one meeting to discuss City comments per bid set. 7. Make submittals to the franchise utility companies per bid set. 8. Make revisions based on the City's review. 9. Services provided by City. a. Review and comment on Final Design 10. Deliverables per bid set a. 3 - copies of the 95% Construction Plans and Specifications b. 3 - copies of the Opinion of Probable Construction Cost c. 3 - copies of a letter addressing City comments C. Booster Pump Station 1. Verification of pump station design parameters provided in approved Report. 2. Perform a site survey of the proposed site to verify topographic features and existing structures, and surface indication of underground utilities. Survey will be performed by a MWBE. 3. The booster pump design will address the following: a. Pumping/Hydraulics b. Electrical (all electrical will be performed by MWBE) c. Architectural/Structural d. Site Civil 4. Based on the approved report, Kimley-Horn will prepare engineering plans, specifications, and construction contract documents for project bidding and regulatory approval. Plans shall consist of 22"04" plan sheets. Specifications will include technical specifications for materials and installation of the proposed facilities. The contract documents shall be based upon City of Fort Worth Water Department Standard Contracts. C5-)Mrc0 pll HOW 7 of 11lid MUI 1*� � `�yv 5. Submit, per bid set, to the City 95% complete plans, specifications, contract documents, and Opinion of Probable Construction Cost for review and comments. 6. Attend one meeting per bid set to present 95% design and deliverables. 7. Attend one meeting to discuss City comments per bid set. 8. Make submittals to the franchise utility companies per bid set. 9. Make revisions based on the City's review. 10. Services provided by City. a. Review and comment on Final Design. 11. Deliverables per bid set. a. 3 - copies of the 95% Construction Plans and Specifications. b. 3 - copies of the Opinion of Probable Construction Cost. D. Privately owned and maintained PRV's. Kimley-Horn will provide installation details and instructions for privately owned and maintained PRV's. The homeowners will be responsible for purchase and installation so no bidding documents will be required. E. Publicly owned and maintained PRV's. 1. Coordination with utilities within City ROW or Easement. a. Telephone b. City of Fort Worth Utilities c. Electric Utilities d. Cable Television e. Gas Utilities f. Other franchise utilities 2. Conduct topographical survey (Prepared by MWBE). 3. Engineering plans, specifications, and construction contract documents prepared in accordance with an approved location and for project bidding. One set of bidding documents will be prepared for the identified improvements. Plans shall consist of 22"x 34" plan sheets at a scale of 8 of 11 Fr. Y �15(Ne 1"=40'. Specifications shall include technical specifications for materials and installation of the proposed facilities. The contract documents shall be based upon City of Fort Worth Water Department Standard Contracts. 4. Submit, per bid set, to the City 95% complete plans, specifications, contract documents, and Opinion of Probable Construction Cost for review and comments. 5. Attend one meeting per bid set to present 95% design and deliverables. 6. Attend one meeting to discuss City comments per bid set. 7. Make submittals to the franchise utility companies per bid set. 8. Make revisions based on the City's review. 9. Services provided by City. a. Review and comment on Final Design. 10. Deliverables per bid set. a. 3 - copies of the 95% Construction Plans and Specifications. b. 3 - copies of the Opinion of Probable Construction Cost. c. 3 - copies of a letter addressing City comments. F. Valve cut-in 1. Coordination with utilities within City ROW or Easement. b. Telephone c. City of Fort Worth Utilities d. Electric Utilities e. Cable Television f. Gas Utilities g. Other franchise utilities 2. Conduct topographical survey (Prepared by MWBE). 3. Engineering plans, specifications, and construction contract documents prepared in accordance with an approved location and for project bidding. One set of bidding documents will be prepared for the identified improvements. Plans shall consist of 22"x 34" plan scale of Y 9 of 11 r r I"=40'. Specifications shall include technical specifications for materials and installation of the proposed facilities. The contract documents shall be based upon City of Fort Worth Water Department Standard Contracts. 4. Submit, per bid set, to the City 95% complete plans, specifications, contract documents, and Opinion of Probable Construction Cost for review and comments. 5. Attend one meeting per bid set to present 95% design and deliverables. 6. Attend one meeting to discuss City comments per bid set. 7. Make submittals to the franchise utility companies per bid set. 8. Make revisions based on the City's review. 9. Services provided by City. a. Review and comment on Final Design. 10. Deliverables per bid set. a. 3 - copies of the 95% Construction Plans and Specifications. b. 3 - copies of the Opinion of Probable Construction Cost. c. 3 - copies of a letter addressing City comments. II. ADDITIONAL SERVICES Services which can not be initially identified as necessary to the project but which may be discovered during performance are considered additional to the scope of Work for the Contract and can be performed on an individual basis upon authorization by the City. Compensation for additional Work shall be provided on the same basis as for reimbursable services unless the engineering effort for a specific task is identified and negotiated with the City based on a lump sum basis and approved by a Contract Amendment. Such services shall include: 1. Plotting, computing, and filing plats or subdivisions, and related land planning and partitioning. 2. Construction staking. 3. Preparation of property acquisition documentation or contracts, negotiations with property owners and filing of documents. 4. Attendance at additional neighborhood or community meetings. IUG® 10 of 11 ��jodl p�US 5. Revising report to reflect project scope changes requested by the City, required to address changed conditions or change in direction previously approved by the City, mandated by changing governmental laws, or necessitated by the City's acceptance of substitutions proposed by a Contractor. 6. Assistance to the City as an expert witness in negotiations, arbitration, or litigation in connection with the project or in hearings before approving and regulatory agencies. 7. Assistance to the City as an expert witness in any litigation with third parties, arising from the development or construction of the project, including preparation of engineering data and reports. 8. Preparation of preliminary design, design, or bidding documents. 9. Any other services requested by the City. A\000008.074\n WOR=oUy-NSII PP ANAU%T\attachrontr.doc �fI� CIAL r�KCuQC 11 of 11 ATTACHMENT "B" Compensation I. PROFESSIONAL ENGINEERING SERVICES For all professional engineering services included in ATTACHMENT "A", Section I, Basic Services of the General Scope of Services, the City agrees to pay the Engineer on a reimbursable basis. We recommend that the City budget the following amounts: Phase I - Analysis and Report Preparation $95,000.00 Phase II - Design and Bidding Services $100,000.00 Kimley-Horn's estimate of the amount that will become payable for Phase I and Phase II is only an estimate for planning purpose and is not binding on the parties, and is not the minimum or the maximum amount payable to KHA under the Agreement. Kimley-Horn will not exceed the above budget estimate without the written approval from the City. Once the projects have been identified and approved for Phase II, Kimley-Horn will meet with the City to establish a budget for the identified project. II. BASIS FOR COMPENSATION The City shall compensate the Engineer for the various items listed above on a reimbursable basis. Monthly statements for reimbursable services will be based upon time directly chargeable to the project by the various types of individuals employed by the Engineer in accordance with the rate schedule in effect at the time of the services. Engineer may revise the rate schedule on January 1 of each year. The year 2001 rate schedule is attached. Monthly statements for reimbursable services performed by subconsultants will be based upon the actual cost to the Engineer plus ten percent (10%). Direct reimbursable expenses for services associated with paragraph II, such as express mail, fees, out-of town mileage (trips in excess of 100 miles) and other direct expenses that are incurred during the progress of the project will be billed at 1.10 times the Engineer's cost. For services associated with paragraph II, an amount equal to six percent (6%) of the Engineer's labor fee will be added to each invoice to cover certain other direct expenses such as in-house duplicating and blueprinting, facsimile, local mileage, telephone, postage, and word processing computer time. 1 oft KIMLEY-HORN AND ASSOCIATES, INC. RATE SCHEDULE (HOURLY RATE) Principal $165 to $195 Senior Professional $135 to $155 Professional 2 / Registered Professional $70 to $120 Professional / Professional I $65 to $95 Designer $100 to $115 CADD Operator $70 to $90 Support Staff $45 to $60 Technician $50 to $100 Party Chief $60 to $70 Instrument Man $55 to $60 Rodman $45 to $50 Effective as of April 1, 2001 M FFX 2of2 ATTACHMENT "D" Schedule Kimley-Horn will endeavor to meet the City's scheduling needs on this project. In Phase I, Kimley-Horn will prepare data collection requirements and deliver to the City 7 calendar days after receiving notice to proceed on each area. Kimley-Horn will prepare the draft final report 30 calendar days after receiving all data collection from the City for each study area. Since the scope of work is not determined for Phase II, Kimley-Horn will prepare a schedule for design and bid prior to preparing bidding documents for any or combination of service areas. i "ECU VE C-RD T r City of Fort Worth, Texas 41."(1.4or And council Communication DATE REFERENCE NUMBERLOG NAME PAGE 7/24/01 **C-18677 30LOW 1 of 2 SUBJECT AWARD OF ENGINEERING AGREEMENT TO KIMLEY-HORN & ASSOCIATES, INC. FOR PRESSURE ANALYSIS AND DESIGN FOR FOUR LOCALIZED AREAS EXPERIENCING LOW WATER PRESSURE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Kimley- Horn & Associates, Inc. in the amount of $195,000 for pressure analysis and design for four localized areas experiencing low water pressure. DISCUSSION: The Water Department proposes to enter into an agreement with Kimley-Horn & Associates, Inc. to provide an analysis of the existing water distribution system. This study will focus on four localized areas of the system and will identify infrastructure improvements that will improve overall water pressure. The enhanced water pressure will provide improved fire protection and supports the Water Department's continued commitment to improve the City's Insurance Service Office rating. The contract is divided into two phases. The first phase consists of analysis of the system and the preparation of a report containing recommendations to improve the system, at a cost of $95,000. The second phase includes the design and bidding services, at a cost of $100,000. Compensation for services will be determined by a not to exceed fee based on hourly rates and reimbursable expenses. Kimley-Horn & Associates, Inc., located at 801 Cherry Street, Suite 1100, Fort Worth, proposes to perform the analysis and design for $195,000. Staff considers this fee to be fair and reasonable for the scope of services proposed. Kimley-Horn & Associates, Inc. is in compliance with the City's M/WBE Ordinance by committing to 15% M/WBE participation for the pressure analysis and design. The City's goal on this project is 15%. These projects are located in COUNCIL DISTRICTS 2, 6,and 8, Mapsco 62E, J, 9213, F, 104C, and G. In addition to the contract amount, $3,000 is required for the study review by the Engineering Department. ,tall 0 City of Fort Worth, Texas 41jej.jor And Council 4:ommunicntion DATE REFERENCE NUMBER LOG NAME PAGE 7/24/01 **C-18677 1 30LOW 2 of 2 SUBJECT AWARD OF ENGINEERING AGREEMENT TO KIMLEY-HORN & ASSOCIATES, INC. FOR PRESSURE ANALYSIS AND 'DESIGN FOR FOUR LOCALIZED AREAS EXPERIENCING LOW WATER PRESSURE FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper-Water Fund. MG:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 Originating Department Head: A.Douglas Rademaker 6157 (from) APPROVED 7/24/01 PW77 531200 060770157190 $195,000.00 Additional Information Contact: A.Douglas Rademaker 6157