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HomeMy WebLinkAboutContract 54767 CSC No.54767 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Design of the Westside III 36-Inch Water Transmission Main Project, Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $1,129,280.00 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. 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 requirernents 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, City of Fort Worth.Texas standard Agreement for Englneering Related Design Services Revised Dale:11.17.17 OFFICIAL RECORD Page 1 of 17 CITY SECRETARY FT. WORTH, TX (3) Upon completion of services enumerated in Article I, the final payment of any balance will be clue within 30 clays 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 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 custornary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. 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 City of Fort worth,Texas Standard Agreement for Grtghworing Related Design Services Revised Dale!11.17.17 Page 2 of 17 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 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 rnylar 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 ConstRIGU011 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 City of Foil Milli,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page's of 17 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this 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 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 ENGINEE=R'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 E_NGINEER'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 City of For[Worth,Texas Standard Agreement for Engineering Related Design Services Revised Dale:11.17.17 Page 4 of 17 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. 1-I. 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 nrranner 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 Foil Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design ServICCS Revised Dale; 11.17.17 Page 5 of 17 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 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 additional insured with all rights of defense 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 or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically 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 City of Fort Worth,Texas Standard Agreement for Cngineenng Related Design Services Revised Dale:11.17.17 Page 6 of 17 liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. 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 — 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 attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Dale:11.17.17 Pago 7 of 17 c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not Constitute a waiver of the insurance reClUirernents. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) clays 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 Foil Worth, 200 Texas, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. Tile 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 clairns-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-rnade. 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 City of Foil Worlh,Texas Slandard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page fl of 17 final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and Subcontractors to/of the ENGINEER shall be 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. The doctrine of respondeat superior shall not apply. IVI. 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. 0. 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 City of fort Worth,Toxas Standard Agreement(or Engineering Related Design Serviros Revised Date:11.17.17 Page 9 of 17 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. P. Schedule, ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel, C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of City of Fort Worth,Texas standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 10 of 17 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, E. 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 for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. 11. 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 frorn the engineering services performed. Only the CITY will be the beneficiary City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Dale:11.17.17 Page 11 of 17 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 1-I. 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 may secure Builders Risk/Installation insurance 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 Worlh,Texas Standard Agreement for Engineering Related Design Services Revised Dale:11.17.17 Page 12 of 17 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. Q. 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 a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 clays' written notice or thereafter fails to diligently complete the correction. (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 Dale:11.17.17 Pago 13 of 17 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 or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting frorn an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. 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, City of Fort Worlh,Texas Standard Agreement for Engineering Related Design Services Revised Date;11.17.17 Page 14 of 17 Texas. I. 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., \/I.F., Vl.l-l., and VI.I. shall survive termination of this AGREEMENT for any cause. J. 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. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the City of Fort Worlh,'rexas Standard Agreement for Fngineering Related Design Services Revised Dale:11.17.17 Page 15 of 17 Texas Government Code, CITI' is prohibited from entering into a contract with a company for goods or services unless the contrart contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808,001 of the Texas Government Code. By signing this contract; ENGINEER certifies that ENGINEER'S signatt►re provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment Q - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page W of 17 Duly executed by each party's designated representative to he effective on the: date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Kimley-Horn and Associates, Inc. Dana Dana Burghdofl ov 2,2020 09:08 CST)r Dana f3urghdoff Glenn A. Gaiy, P.E. Assistant City Manager Senior Vice President Nov 2,2020 /927- Date: Dale: APPROVAL RECOMMENDED: A�ta C. 70,2020 08:77 COT) By: Chis I larder, P. E., Director Water Department �;ontraci Compliance Managc,r: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this Contract, including ensuring all peJormance and reporting requirements. �/. p Z Miter Norwoocl. P.E. Project Manager APPROVED AS TO FORM AND LEGALITY �i y. I ad(W 30,2020 D5:27 COT) Senior Assistant City Attorney ao4vappIl� ATTEST: �poF FORr�aa Form 1295 No. 2020-663044 o o �� o on 1. o o M&C No.: 20-0773 Maiy J. Kayser o�a,�o0 00� a City Secretary aaa�nEXA5o4p M&C Date: October 20, 2020 City of Fon Wnflh,Tom Standaal AgrPanmm for LnUmeDlirgf Relined Design Semrms Revised Dafty 11.17 17 pap 17 d 17 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACIIMENI A DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.:WHO ATTACHMENT A Scope for Engineerinq Desicln Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.: 102688 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. OBJECTIVES Approximately 24,000 linear feet of water transmission main is planned, as summarized in the table below: Water Replacements --_- - - _ Length Size Street Alignment From To (LF) (in) South of 1-20 Various: Old between Marlanrl Weatherford, Old Weatherford Ranch Road and Chapin, 1-30, 1-20 Road/Westside Water Bentley Road 30 to and Easement Treatment Plant (new WSIII GST) 24,000 36 Total Length 24,000 WORI<TO BE PERFORMED Task 1. Design Management Task 1A. Alignment Study and Report Task 2. Conceptual Design and Hydraulic Analysis Coordination Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task G. Construction Phase Services—Not included in this contract Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permits TASK 1. DESIGN MANAGEMENT. ENGINEER shall make efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, communicate effectively, a coordinate internally and externally as needed, and City of Fort Milli,Texas Attechmont A PMO Release Dale:07.23.2012 Page 1 of 20 ATTACHMENT A DF.SIGH SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY P140JECT NO.:102600 proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Confirm quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 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. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • 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 • Eighteen (18) MWBE reports will be prepared • Eighteen (18) meetings with city staff • Eighteen (18) monthly invoices • Eighteen (18) monthly water department progress reports will be prepared city of Fort Worth,Texas Attachment A HAD,Release Dale:00,1.2014 Page 2 of 20 ATTACHMENTA DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.:MUD e Eighteen (18) 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 M/WBE Report Form and Final Summary Payment Report Form TASK 1A—ALIGNMENT STUDY AND REPORT The ENGINEER will perform a routing and alignment study for the proposed water transmission main between the Westside Water Treatment Plant and the new Westside III GST. The study will be based upon the information obtained from the existing data provided by the CITY and other Data Collection tasks. The ENGINEER will conduct a routing study for the alignment including up to three (3) possible routes. In the ENGINEER'S evaluation of the routes, the following project elements will be considered: • Probable construction cost • Environmental Impact and Permitting • Accessibility for maintenance • Easement/right-of-way requirements • Routing impacts on corrosion protection systems • Geologic/topographic considerations • Utility conflicts • Constructability and Construction Type • Project schedule • Input obtained from Stakeholders The ENGINEER will prepare an alignment exhibit for each route. The exhibit will contain: the proposed and recommended alignments of the proposed water transmission main, approximate property boundaries, proposed easements, significant routing features along the proposed routes. The exhibit will be prepared with an aerial photograph, provided by the City as the base. City of Fort Worth,Texas Attachment A PMC Release Date:011.1.2014 Pa0o 3 of 20 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.:102600 The ENGINEER will schedule a constructability and routing visit with the CITY Project Manager to review the proposed alignment alternatives. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information in writing to the CITY. Opinion of Probable Construction Cost—The ENGINEER will prepare a conceptual opinion of probable construction cost for the water transmission main, The ENGINEER has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to ENGINEER at this time and represent only the ENGINEER's judgment as a design professional familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids, 01'actual Construction Costs WIII not vary from its opinions of probable costs. The ENGINEER will make initial contact key stakeholders along the alignments that are needed to provide easements or access to the project. ENGINEER will discuss the project and observe each stakeholder's willingness to convey easements and/or access for the transmission main. ENGINEER will compile input gathered and document to the City in the Alignment Report. The ENGINEER will prepare a technical mernorandurn/report outlining impacts of the above considerations. The memorandum will include: • Summary • Evaluation Criteria • Alignment evaluation for each alignment • Potential for installation by"trenchless" methods • Recommendations based upon results of evaluation criteria, stakeholder input, and discussions with City Staff • Brief description of recommended transrnission main material alternatives ASSUMPTIONS Up to three(3)Alternative Alignments will be evaluated a Two (2) review meetings with City staff a One (1) site review meeting with City staff DELIVERABLES A. Five (5) copies of Alignment Report City of Fort Worth,Texas AllachmcntA PMO Release Dale:08.1.2014 Page 4 of 20 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.:102668 TASK 2. CONCEPTUAL DESIGN AND HYDRAULIC ANALYSIS COORDINATION (30 PERCENT). Upon approval of the alignment selected by the City, the Conceptual Design will be prepared by the ENGINEER and submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to Study the selected alignment, rr Identify and develop alternatives that enhance the system, Present(through the defined deliverables) these alternatives to the CITY rr Recommend the alternatives that successfully addresses the design problem, and a Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection o 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 properly owners and businesses as necessary to develop sewer re-routing plans. (if applicable) • 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. (if applicable) 2.2 Hydraulic Analysis The ENGINEER will coordinate with the CITY to obtain modeling and sizing recommendations for the transmission main. ENGINEER will incorporate CITY's recommendations into the Conceptual Design. 2.3. The Conceptual Design Package includes the following scope of services. • Graphic exhibits(aerial at a scale of 1"= 50') and brief summary of alignment concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. • Location of valve vaults and ring connections to existing/proposed water mains in the Westside III Pressure Plane. • Identification of potential access routes and easement requirements, City of Foil Worlh,Texas Atlachmont A PN40 Release 0ate:00,1.2014 Page 5 of 20 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIII CITY PROJECT HO.:102680 Proposed phasing of any water and sanitary sewer work that is included in this project documented in both the project schedule and narrative form. Documentation of key design decisions, including recommendations for up to three (3) pipe materials suitable for the alignment. Estimates of probable construction cost. ASSUMPTIONS 0 2 (two) copies of the conceptual design package (30% design)will be delivered and will consist of 11 x17 Exhibits and letter summarizing alignment and design considerations (if necessary). a Alignment, easements, and access route will be shown on aerial Exhibits. a ENGINEER will prepare meeting notes of the Concept Review meeting and revise the report, if needed. a ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. a List of property owners with corresponding property information will be included on Exhibits. DELIVERABLES A. Letter documenting final sizing recommendations of water transmission main B. Conceptual Design Package TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. Two separate bid packages may be required. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. 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 protect easement layout sheet(s)with property owner information. Clty of Fort Milli.Texas Attachment A PMO Release Dale:08.1.2014 Palle 6 of 20 1 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.:102688 • Overall protect 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 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. • Benchmarks 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 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, manholes, 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 and/or wastewater 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 and sanitary sewer main or lateral 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. (if applicable) • The ENGINEER will prepare standard and special detail sheets for water line installation that are not already included in the CITY's Standard Details,These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations,details unique to the construction of the project,trenchless details,and special service lateral reconnections. 3.2. Geotechnical Investigation U 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. City of Fort Wodh,Texas Altachmenl A PMO Release Dale:00.1.2014 Page 7 of 20 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.:102600 3.3. Utility Clearance 0 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. a The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in BIM360 for forwarding to all utility companies which have facilities within the limits of the project. CAD files shall be made available to the utility companies, if requested. 3.5 Cathodic Protection Study Cathodic Protection Design —ENGINEER's subconsultant will provide Cathodic Protection Design Services for three (3) pipe material alternatives, ductile iron, steel, and bar-wrapped concrete steel cylinder pipe, along the water line alignment. Tasks will include Field Survey, Data Analysis and Lab Work, and Design Recommendations. A report will be prepared that documents test data, analysis, and an opinion of probable construction cost for cathodic protection and interference control systems. 3.6 Opinion of Probable Construction Cost a ENGINEER will update and prepare preliminary opinion of probable construction cost(OPCC) for the proposed water transmission main. ASSUMPTIONS a Fifteen (15) borings at an average bore depth of twenty(20)feet each will be provided. 0 Three (3) pipe materials will be evaluated as part of the Cathodic Protection Study. a Three (3) sets of 22 x 34 size plans will be delivered for the Constructability Review for each bid phase. a Three(3) sets of 22 x 24 size plans will be delivered for the Preliminary Design (60%design). 0 One (1) set of preliminary specifications will be delivered for the Preliminary Design (60% design). 0 PDF files will be uploaded to the designated project folder in BIM360 for each bid package. 0 The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. City of Port Worth,Texas Atlachmont A PMO Relonso Dale:00.1.2.014 Page 8 of 20 ATTACHMENT DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAlll CITY PROJECT NO,;102600 • One (1) PDF file of drawings will be delivered for Utility Clearance for each bid package. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans, DELIVERABLES A. Cathodic Protection Design Recommendations Report (up to 3 copies) B. Preliminary Design drawings and specifications C. Utility Clearance drawings D. Estimates of probable construction cost E. Data Base listing names and addresses of residents and businesses affected by the project(if applicable). TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Discuss Unit breakdown with CITY to determine limits for separate bid packages. • Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. • Final Design will include Cathodic Protection Design Plans as prepared by ENGINEER's Cathodic Protection subconsultant. • 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. • Traffic Control Plan Develop a traffic control plan utilizing standard traffic reroute configurations posted as"Typicals" on the CITY's Buzzsaw wcbsite. The typicals need not be sealed individually, if included in the sealed contract documents. a 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. to Surge Analysis City of fort Worth,Texas Attachment A PMO Release Dale:OU.1.2014 Pago 9 of 20 ATTACHMENT A DESIGN SERVICES FOR MSTSIDE III VIATERTRANSMISSION MAIN CITY PROJECT NO.;102600 Perform surge analysis to verify design for pipe pressure classifications, surge mitigation devices, air release valve locations and sizing. Tasks to include: e Collection of information on existing piping, operations, pump data, valve data, and significant minor pressure loss data for the existing 36-inch transmission main from the WTP to the Westland GST site. • Development of surge model for existing 36-inch transmission main and proposed 30 to 36-inch transmission main. Model will be created and calibrated to meet a steady state flow condition based upon assumed design parameters, e Transient model simulations to evaluate scenarios such as power failure, pump failure, and valve Closure. Evaluation will include the need for surge anticipation devices and the sizing/location of air release valves, e Recommendations will be summarized in design report. ASSUMPTIONS • One(1)virtual (WebEx, or other) public meeting will be attended upon completion of Preliminary Design. ENGINEER will provide up to two (2) exhibits to be included in the virtual presentation for the Public Meeting, • Traffic Control"Typicals"will be utilized to the extent possible. It is assumed an additional six (6) project specific traffic control sheets will be developed. e Three (3) sets of 22 x 34 size drawings and three(3)sets of 11 x 17 size drawings and one (1) set of specifications will be delivered for each 90% Design package. e A PDF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360 for each bid package. • Three(3) sets of 22 x 34 size drawings and three (3) specifications will be delivered for the 100% Design package for each bid package. • A PDF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360 for each bid package. o Final sheet list: covet-, index and general notes, shutdown and phasing notes, control and benchmarks (2), overall location and proposed sheet reference (water) (3), overall existing (water& sanitary sewer) (4), proposed easements (3), plan and profiles (water) (35), detail sheets (6),erosion control (10), access road ('10), and traffic control (6). Generally, upfront sheets will be modified, but duplicated, for two (2) bid packages, so overall sheet count will increase. DELIVERABLES A. 90%construction plans and specifications B. Traffic Control Plan C. Erosion Control Plan for contractor's preparation of a Storm Water Pollution Prevention Plan City of Fort Worth,Texas Attachment A PMO Release Data:00.1.2014 Page 10 of 20 ATrACHME•NTA DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.:102600 D. 100% construction plans and specifications. E. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. F. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows for each bid package. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto BLIZZSaW for access to potential bidders. • Contract documents shall be uploaded in a .xIs file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to BIM360 in PDF format. The .pdf will consist of one file of the entire plan set. . • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The 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. • Attend the bid opening in support of the CITY. City of Fort Worlh.'roxas Attachment A PMO Release Dale:08.1.2014 Pago 11 of 20 A]TACHMENTA DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.:102000 • 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. 5.2 Final Design Drawings 1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format. There shall be one (1) PDF file for the Water plan set. Each PDF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Singular PDF files for each sheet of a plan set will not he accepted. PDF files shall conform to naming conventions as follows: I. TPW file name example — "W-1966_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-36667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf PDF files shall be uploaded to the project's Final Drawing folder in BIM360. ASSUMPTIONS • The project will be bid as two (2) separate units and awarded to two (2) contractors. • One (1)set of digital construction documents will be made available for plan holders via the City's purchasing website. • Three (3) sets of construction documents will be sold to and made available on City's Website/BIM 360 for plan holders and/or given to plan viewing rooms. • Six (6) sets of 22 x 34 size and six(6)sets of 11 x 17 size drawings plans and six (6) specifications (conformed, if applicable)will be delivered to the CITY. • PDF files will be uploaded to BIM360. City of Fort Worth,Texas Attachment A PMO Release Date:08,1.2014 Page 12 of 20 ATTACHMENTA DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.:102600 DELIVERABLES A. Addenda B. Bid tabulations C. CFW Data Spreadsheet D. Recommendation of award E. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. Construction Phase Services is not included in this contract. TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right-of-Way Research The ENGINEER shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. O The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. U The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition 3 The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 7.3. Temporary Right of Entry Preparation and Submittal C Prior to construction, the ENGINEER shall prepare and submit Temporary Right of Entry documents for landowners to CITY PM for real property acquisition. It is assumed that letters will only be required for landowners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. ENGINEER will prepare exhibits, as needed, for coordination with landowners outlining access to the properties. Exhibits will be prepared using aerial imagery and include dimensions and areas of impact, if requested by the CITY. U The documentation shall be provided in conformance with the checklists and templates available on the CITY's BIM360 site. City of Fort worth,Texas Attachment A PMo Raleaso Dalc:00.1.20111 Pago 13 or 20 ATfACHMENTA DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.:102600 ASSUMPTIONS • Up to forty (40) Easements(permanent and temporary construction) or right-of-way documents will be prepared. • Easements will be sized to accommodate two (2)water mains in locations directed by the City. • Up to twenty (20)Temporary right-of-entry documents will be prepared. • Up to ten (10) aerial exhibits will be prepared for coordination with landowners. • Right-of-Way research and mapping includes review of property/right-of-way records based on Current internet-hased Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street Closures. • CITY will provide Appraisals and Easement Acquisition services DELIVERABLES A. Easement exhibits and metes and bounds provided on CITY forms. B. Temporary Right of Entry Letters C, Exhibits for coordination with landowners. TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design 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, riin/invert elevations, location of buried utilities, structures, trees 6-in and larger (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 rninimum survey information to be provided on the plans shall include the following: City of fort Worth,Texas Attachment A PMO Release Dale:00.1.2014 Page 14 of 20 ATTACHMENT A DESIGN SERVICES FOR W'ESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.:102600 — 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 Point; a. Identified (Existing. CITY Monument 118901, PK Nail, 5/8"Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY DatLIM only. C. 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 benchmarks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal Temporary Right of Entry will be provided by the ENGINEER as described in Task 7. 8.3. Subsurface Utility Engineering (SUE): e The SUE shall be performed in accordance with Cl/ASCE 38-02. • Four different levels of SUE are identified. The following is a description of each level of SUE used on this project. 1. Level D—Collect level D as part of this scope of services. 2. Level C a.) Field locate and obtain horizontal position of visible utility surface features for all of the utility systems described within Level D. 3. Level B a.) Indicate by marking with paint, the presence and approximate horizontal location of subsurface utilities using geophysical prospecting techniques, including electromagnetic, sonic, and acoustical techniques. b.)Approximately 12 days of direct buried utilities are identified for Level B location. 4. Level A a.) Location (Test Hole) Services: Locating the horizontal and vertical position of the utility by excavating a test hole using vacuum excavation techniques and equipment. In performing locating (test hole) services ENGINEER will: 1) Excavate twenty 20 test holes to expose the utility to be measured in such a manner that ensures the safety of the excavation and Clly of Fort Worth,Texas Allachmenl A PMO Release Dale:00.1.2014 Page 15 of 20 A]fACHMENT A DESIGN SERVICES FOR VIESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.:102600 the integrity of the utility to be measured. Excavations will be performed using specially developed vacuum excavation equipment that is non-destructive to existing facilities. If contaminated soils are discovered during the excavation process, the ENGINEER will notify the CITY. 2) Obtain x,y and Z information at each test hole. ASSUMPTIONS • Topographic Survey will extend 100-ft on either side of selected alignment. • Topographic survey at intersections will include no more than 200-ft in each direction. • Level A Subsurface Utility Engineering will be performed for lip to twenty (20) locations. • Up to twelve (12) days (8-hour each clay) of Level B Subsurface Utility Engineering will be performed. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. TASK 9. Permits 9.1 Texas Department of Transportation (TxDOT)Permitting A. ENGINEER will prepare and coordinate submittal of two (2) utility crossing permit applications for crossing of TxDOT IH 30 and IH 20 in accordance with TxDOT requirements. B. CITY will file permit using TxDOT's online permitting process, utilizing plans prepared by the ENGINEER. C. Include executed permit in contract documents for bidding. D. Plans will accommodate multiple ripe materials used during bidding. 9.2 United States Army Corps of Engineers (USACE) Permitting The ENGINEER understands that the proposed water line has the potential to cross waters of the U.S. If permanent impact at each separate crossing to waters of the U.S. fit the conditions of Nationwide Permit 12 (Utility Lines) and do not trigger notification to the Corps, the task outlined below is applicable. If any triggers for notification to the United States Army Corps of Engineers(USACE)are met, then it will be necessary to prepare a preconstruction notification as additional services. This may be the case if: City of Fort worth.Texas Attachment A PIVO Release Date:08.1.2014 Page 16 of 20 ATTACNMENTA DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.:MUD • The permit General or Regional Conditions can't be met; • Specific triggers for notification to USAGE are met within the permit; • The impacts thresholds for the Nationwide Permit program are exceeded (greater than 0.10-acres and are less than 0.50-acres at each separate, single and complete crossing). U USACE NWP -12 (Utility Lines) Descriptive Memo ENGINEER will provide the following professional services under this task to submit to the OWNER a descriptive memo regarding the use of NWP 12 Utility Lines under a no notification scenario. This scope is based on the understanding that the proposed utility line and permanent impacts to waters of the U.S. are less than 0.10-acre at each separate, single and complete proposed crossing, and will not include impacts to forested wetlands and will not be placed in jurisdictional areas for more than 500-ft. ENGINEER will prepare a memo discussing USAGE Section 404 Permitting under a 'no notification' scenario that will include a description of selected General Conditions as well as a suggested list of BMPs required for compliance with TCEQ water quality certification. This memo can be used to document the thought process for using this permitting scenario and to provide the selected contractor with information relating to permit compliance. Though no coordination with the USAGE is proposed, the activity will be authorized under a Federal permit. All terms and conditions of the permit must be met by the CITY The memo will include, at a minimum, the following information: • Brief project description, including site sketches, as it relates to proposed impacts to waters of the U.S.; • Site visit photographs to document existing/preconstruction conditions; • A copy of the NWP 12 permit language with General Conditions; o State Water Quality Certifications and Conditions; • NWP Regional Conditions for Texas; • Cultural Resources information from readily available databases;and • Threatened and Endangered Species information from readily available databases 9.3 Texas Antiquities Permit A. Since the proposed project will exceed a disturbance of 5 acres or 5,000 cubic yards of excavation, ENGINEER's subconsultantwill perform services to obtain a Texas Antiquities Permit(TAP) in accordance with the Texas Historical Commission (THC) requirements. The purpose of the services is to identify cultural resources in the project area and make recommendations about their historical significance with regard to eligibility for listing on the National Register of Historic Places and designation as a Texas State Antiquities Landmark. City of Fort Worth,Texas At(achment A PMO Release Gale:00.1.2014 Page 17 of 20 ATTACHMENT A DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION M1AIN CITY PROJECT HO.:WHO 9.4 Texas General Land Office (GLO) Determination A. Since the proposed project may be conducive to open trench excavation within a creek area, ENGINEER will perform services associated with determining the project's eligibility for requiring an easement for construction by the GLO. Services include assembly of information and coordination with GLO in accordance with GLO requirements for a determination on the need for an easement to construct the transmission main. Should conditions require a GLO easement, then it will be necessary to prepare the easement and associated submittal items as additional services. 9.5 Tarrant County Permitting A. ENGINEER will prepare and coordinate submittal of one (1)utility crossing permit applications for crossing of Old Weatherford Road in accordance with County requirements. B. ENGINEER will file permit on behalf of CITY. C. ENGINEER will include executed permit in contract documents for bidding. 9.6 Gas/Petroleum Line Permitting A. ENGINEER will coordinate with up to four (4)gas/petroleum entities for crossing permit applications B. ENGINEER will file permit on behalf of the CITY. C. ENGINEER will include executed permit(s) in contract documents for bidding. 9.7 Urban Forestry Permit A. ENGINEER will coordinate with CITY Development Department discuss permitting requirements for the project. B. ENGINEER will prepare Urban Forestry Permit for submittal to CITY's Development Department. C. ENGINEER will include executed permit(s) in contract documents for bidding. 9.8 Grading Permit City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 18 of 20 ATTACHMENT A DESIGN SERVICES FOR WESTSIOE III WATER TRANSMISSION MAIN CITY PROJECT NO.:W2699 A. ENGINEER will coordinate with CITY Development Department discuss permitting requirements for the project. B. ENGINEER will prepare Grading Permit for submittal to CITY's Development Department. C. ENGINEER will include executed permits) in contract documents for bidding. Assumptions O One (1) site visit by ENGINEER's qualified scientist to gather information for the memo. Deliverables A. Plans and specifications for submittal of TxDOT Permit B. Jurisdictional Determination Memo C. Nationwide 12 Descriptive Memo D. Archaeological Survey Report 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: o Negotiation of easements or property acquisition including temporary right-of-entries. • Services associated with USACE Nationwide Pert-nit 12 Pre-Construction Notification including wetlands mitigation, if required. • Services associated with preparation of an Individual Permit with the USACE. • Services associated with preparation and acquisition of a GLO Easement o 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. • Construction management and inspection services • Periodic site visits during construction phase City of Fart Worth,Texas Attachment A TWO Memo Dale:00,1.2014 Papa 19 of 20 ATTACHMM A DESIGN SERVICES FOR WESTSIDE III WATER TRANSMISSION MAIN CITY PROJECT NO.;102600 • Additional public meetings not identified in the scope of services. • Performance of materials testing or specialty testing services. • 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 submitting for permits (ie.TxDOT, railroad, etc.), unless specifically addressed in scope of services. • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of-way, and/or ternporary right-of-entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Construction Shop drawing review, samples and other submittals submitted by the contractor. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY in addition to the amount authorized by the original contract. City of Fort Milk,Texas Attachment A WAO Release Dale:08.1.2014 Page 20 of 20 ATTACHMENT Q COMPENSATION Design Services for Westside III Water Transmission Main City Project No. 102688 Time and Materials with Rate Schedule 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 the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2020 Rate $/hour) _ Senior Professional 1 $,185- $255 Senior Professional 11 $245-$270 Professional $165-$215 Analyst _ $110-$180 Senior Technical Support $120-$1195 _Technical Support _ $90-$105 Support Staff $80-$120 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. 4.6%will be added to each invoice to cover certain other internal office cost expenses as to these tasks, such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. Direct reimbursable expenses such as express delivery services, fees, travel, and other direct expenses will be billed at 1.10 times the cost. ATTACHMENT B COMPENSATION 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 staternents 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. ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount Prime Consultant Kimley-Horn and Design, Bidding, and 807,130 7'1.5 Associates, Inc. Construction Phase Services Proposed MBE/SBE Sub-Consultants CMJ, Inc. Geotechnical Investigation 28,000 2.5 The Rios Group Subsurface Utility Engineering 63,500 5.6 Yazel, Peebles, & Survey/Easements 62,000 5.5 Assoc. AR Consultants Archaeological Investigation 19,500 1.7 Non-MBE/SBE Consultants V&A Consultants Cathodic Protection 46,500 4.1 Flow Science Surge Analysis '15,500 1.4 Bennett Trenchless Trenchless Design 54,000 4.8 TOTAL $1,129,280 1009/> Project Number& Name Total Fee MBE/SBE Fee MBEISBE Westside IIII Transmission Main $ 1 129 280 $ 173,000 15.3% City MBE/SBE Goal = 12% Consultant Committed Goal = 12 % eeey ! # w -mm;e> 2 o g q-u -u /\}]]3 / ®/ e0ID ; �£ / oeo)/& q z /§ § . ) R 7 \ § e §b } ®Ro m yy / \ { / { \ \ j d En(/ - § %. m 0 a. ( mao, q ! 0 B § (D §° > 0> m § 5 � . � , ! 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Opinion of Probable Construction Cost Client: Cily of Fort Worth Date: 0131l2020 Pro)oct: Wostaide•III WatorTransnnlsslon Main Prepared By: TWIt KHA No.061010XXX Chocked By: JR Title: 36•Inch Water Transmission Main Line No. Description Specification Unll Quantity Unil Price Cost 1 3311.0741 30"Water Pipe 33 11 10,3311 131 LF 22,540 $330.00 $7,430.200 33 11 14 2 3305.2000 36"Water Carder Pipe 33 05 24 LF 1,460 $280.00 $400.000 3 3305.1107 64"Casing By Other Than Open Cut 33 05 22 LF 1,460 $1.500.00 S2,190,00D 4 9999.0001 30"AWWA Butterfly Valve,w/Vault 33 12 21 EA 7 $60,000.00 $420.000 5 3312.0109 Connection to Existing 30"Water Main 331225 EA 2 $15.000.00 $30,000 6 3312.0106 Connection to Existing 16"Water Main 33 12 25 EA 1 $15.000.00 $is,000 7 3312.3008 16"Gale Valve,w/Vault 33 12 20 EA 5 $16.000.00 $00,000 8 3312.0003 B"Blow Off Valve 33 12 60 EA 8 $15,000.00 $120,000 9 3312.1004 4"Combination Air Valve Assembly for Water 33 12 30 EA 10 $20,000.00 $200,000 10 3311.0001 Ductile Iron Water Fillings w/Restraint 33 11 11 TON 42.1 $5,500.00 $231,550 11 3305.0109 Trench Safety 330510 LF 22,640 $6.00 $112,700 12 3305.0103 Exploratory Excavation of Existing Utilllies 33 05 30 EA 20 $3,000.00 $60,000 13 3201.0133 0'Wide Asphalt Pvml Repair,Industrial 3201 17 LF 850 $50.00 $42,600 14 3211.0113 8"Flexible Base,Typo A,GRA 32 11 23 SY 300 $25.00 $7,500 15 3292.0300 Seeding,Mach Drilling 329213 SY 122,500 $4.00 $490.000 16 3231.0211 Barbed Wire Fence,Metal Posts 323126 LF 300 $15.00 $4,500 17 3110.0101 Site Clearing 31 1000 LS 1 $50.000.00 $50,000 18 3304.0002 Cnlhodic Protection 33 04 12 LS 1 $50.000.00 $50,000 19 3125.0101 SWPPP 2 1 acre 31 25 00 LS 1 $30.000.00 $30,000 20 0171.0101 Construction Slaking 01 71 23 LS 1 $30,000.00 $30,000 21 0171.0102 As-Built Survey 01 71 23 LS 1 $20,000.00 $20,000 22 3305,0110 Utility Markers 33 05 26 LS 1 $10,000.00 $10,000 23 13471.0001 Traffic Control 34 71 13 MO 4 $3.000.00 $12,000 Ipsk-laiL $12,052.760 hb lkargn 10onlIng. %,+/- 30 $3,617,250 ❑ PreliminalyDcsign Total $16,670,000 ❑ Final Design This total does not rofioct engineering or technical services. The Engineer has no control over the cost of labor,materials,equipment,or over the Contractor's methods of determining prices or over competitive bidding or market conditions,Opinions of probable costs provided herein are based on!he,Information known to Engineer at this time and represent only the Engineer's judgment es a design professional familiar with the construction industry.The Engineer cannot and does not guarantee that proposals,bids,or actual construction costs will not vary from its opinions of probable costs. alhvLlo,DllProjacl035TX„FTV1ADa1e1F1W_tAnikolinguod„Wonhi2020 FWWD RFP 2020A1Westside-111-3DdndilWKS$2020-0a-31_OFCC Wadll-acopina_3e-1nch.k6 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Westside I II Water Transmission Main City Project No. 102688 NO CHANGES City of Fort Worth,Texas Attachment C PMO Release Date;05.19.2010 Page I or 1 �.. 1 i AL— 1. d t N 3 Y Y. N N L N N Y L' 1: '1 N 3 f it S L G G 8 - - - ^ L� — T E x X 6 b 8 C •• •• t G S•• •' h•'• ' •• b A r -�• o '" E r 1; d S S N •• •• •• f. •• •• P •• •• r 6 P. � •3 ; 3 ! � �. ? � i c S � � i s � i ; � i � i '�. £ s � e - 5 �� t7 d •• F �: _ = '��. � j i' N H 3 � it i'. t"T. it S n � ' 'tt ii � � t: S i � rS. 1 it •`d 3 .'. 50 'P' 3 z � L `�' y2 f � r•'r � ��. 5 �' � gg •' 'raa � -� � � TS }} i. S � � 5 L '' ti 'Ga" 5S5 SSti ei' 5 �: R Y, 6 i D r b N �s h r t1 Y M x h U d x it L' tl •• Y l: ^ " L' u x ' • ^ �� P a P 9 P 9 P P P P ? P P ? P P@ P P ° S R i P 9 4 9 p P ,9 9 P P P. > A 1 t _t Ij 3 pl 1 .t — sP •9 ;1 ;r �3 i I i a. i i Pj d 9 II S R 1 C 9 9 6 i a §I 7 y=l - :fl SAY C C f. = F 5 C ❑ F F C fl 4I .� FI �I p aWill C $ Sag 3z R az a30 irRoR ggw bg1 Sg vias if g g _ 6 � i # a � �_ �� i 111 a, � it 11 F a� T 9S g s l � `Ten s "g z g E .• � e � .. c � - - � � a .. - s u u •• r• s x F r. x x E a x F �• 9 9 p p 9 ? 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YI'' + 1 II `'� r ''' yr!. 4it 'r 1 •, s i. y i� 5 I .r �ia tr IIIa,;I'�'I. \�,�• + t I Ir r +; r 'Ire.\t'�'. 1 I' II.� ��. F \ t I. _. �,.,�� -=.ri � �`- ..:�+al.�,rj•� �� h, _ r�lf rJ,-,,.. ?/. 4' �^ (('''' ir'. rr �- r ,rr�.• I r;I ;4 i r\,r• ,t. t- 7_1- �ul�„�� 1.. -;i�' �: City of Fart Month, Texas Mayor and CouncH Coirnmuin�caflon DATE: Tuesday, October 20, 2020 REFERENCE NO.: **M&C 20-0773 LOG NAME: 60WS111361NWATERM-KHA SUBJECT: (CD 3) Authorize Execution of an Engineering Agreement in the Amount of$1,129,280.00 with Kimley- Horn and Associates, Inc., for Design of the Westside III 36-Inch Water Transmission Main Project, Provide for Project Costs for a Total Project Amount of$2,845,105.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures and Proceeds of Future Debt and Adopt Appropriation Ordinance RECOMMENDATION: Ir is recommended that the City Council: 1. Authorize execution of an engineering agreement with Kimley-Horn and Associates, Inc., in the amount of$1,129,280.00 for the Westside III 36-Inch Water Transmission Main project; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of future debt for the Westside III 36-Inch Water Transmission Main project; and 3. Adopt the attached Appropriation Ordinance adjusting appropriations in the Water and Sewer Commercial Paper fund by increasing appropriations in the amount of$2,845,105.00 for the Westside III 36-Inch Water Transmission Main project(City Project No. '102688) and decreasing appropriations in the Unspecified project(City Project No. UNSPEC) by the same amount. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize the preparation of plans and specifications for the construction of Westside III 36-Inch Water Transmission Main project from the Westside Water Treatment Plant to the water ground storage tank site located near Farm to Market(FM) 1187 south of Interstate Highway (IH) 20. The proposed scope of services include design for the transmission main, design survey, environmental permitting, easement preparation, subsurface utility engineering, geotechnical investigation, coordination with various agencies and cathodic protection design. Kimley-Horn and Associates, Inc., proposes to provide all the necessary design services for the transmission main for a fee of$1,129,280.00. Staff considers the proposed fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $1,715,825.00 is required for project management, real property acquisition, public outreach and material testing. This project will have no impact on the Water Department operating budget when complete. Funding for Westside III 36-Inch Water Transmission Main is depicted below: Existing Additional Fund Appropriations Appropriations Project Total* W&S Commercial Paper- Fund $0.00 $2,845,105.00 $2,846,105.00 56019 Project Total $0.00]1 $2,845,105,00 $2,845,105.00 *Numbers rounded for presentation purposes. This project is anticipated to be included in a future revenue bond issue for the Water&Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP)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& Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio(currently approximately 2.3 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 CP 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 approved the Water Department's Fiscal Year 2020-2024 Five-Year Capital Improvement Plan on September 17, 2019. This City Council approved plan includes this specific project,with funding identified through the CP 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. M/WBE OFFICE: Kimley-Horn and Associates, Inc., is in compliance with City's BDE Ordinance by committing to 15 percent SBE participation.The City's SBE goal on this project is 12 percent. The project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Commercial Paper Fund for the WS Treatment Plant III 30" WTM project. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO _ Fund Qepartment Account Project ProgramlActMityl Budget Reference It IAmounr IQ ID Year Chartfield 2 FROM Fund Department �AccountlProject ctivityP Budget Reference u f I moI- - ID I�- JlProgramh - _Year Ch — artfield 2 - --�— CERTIFICATIONS: Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Walter Norwood (5026) ATTACHMENTS 1. 60WS11130INWATERM-KHA Reimb Resolution (WCF 09.25.20).docx (Public) 2. 60WS11136INWATERM-KHA- FID Table(WCF 09.25.20).xlsx (CFW Internal) 3. 60WS111361NWATERM-KHA Compliance Memo.pdf (CFW Internal) 4, 60WS11136INWATERM-KHA Form 1295.0 (CM Internal) i 5. 60WS11136INWATERM-KHA Funds Available.docx (CFW Internal) 6. 60WS]1136INWATERM-KHA Map.pdf (Public) 7. 60WS11136INWATERM-KHA SAM,pdf (CFW Internal) 8. 60WS11136INWATERM-KHA 56019 AO21(R3).docx (Public) 60WS11136]N WATF RNI•KHA-FID Tahlc FIDs(Budget) Dept# 'Account Project ID Activity !Budget �CF2 Program Amount Purpose Xfer Year 2&3) 56019 0600430 UNSPEC UNSPEC 2021 ($2,845,105.00) 2&3) 56019 0600430 102688 001480 2021 $2,845,105.00 �• F-,T?nni WIL17—IMIll Program Amount Fund Dept# Account Proj Budget ICF21 Program I Amount Purpose iXfer Year 2&3) 56019 0600430 5110301 102688 001430 9999 $231,750.00 1 56 119 0600430 5330500 102688 001430 9999 $1,129,280.00 2&3) 56019 0600430 5110101 102688 001440 9999 $100,000.00 2&3) 56019 0600430 5330500 102688 001440 9999 $50,000.00 2&3) 56019 0600430 5710010 102688 001440 9999 $1,150,000.00 2&3) 56019 06OD430 5740010 102688 001440 9999 5120,000.00 2&3) 56019 0600430 5310350 102688 001470 9999 $5,000.00 20) 56019 0600430 5540101 102688 001430 9999 $5,000.00 2&3) 56019 0600430 5330500 102688 001484 9999 $38,625.00 2&3) 56019 0600430 5330500 102688 001484 9999 $15,450.00 Sian In I Home Legislation Calendar City Council Departments ID 0 Shnre RSS Alerts Details Reports File #: M&C 20-0773 Version: 1 Name: i Type: Award of Contract Consent Status: Passed File created: 10/15/2020 In control: CITY COUNCIL i On agenda: 10/20/2020 Final action: 10/20/2020 (CD 3)Authorize Execution of an Engineering Agreement in the Amount of $1,129,280.00 with I(imley-Horn and Associates, Inc., for Design of the Westside III Title: 36-Inch Water Transmission Main Project, Provide for Project Costs for a Total Project Amount of$2,845,105.00,Adopt Resolution Expressing Official Intent to Reimburse Expenditures and Proceeds of Future Debt and Adopt Appropriation Ordinance 1. M&C 20-0773, 2. 60WSIII36INWATERM-KHA Maa.odf. 3. 60WSIII36INWATERM- Attachments: KHA 56019 A021(R3).i)df, 4. 60WSIII30INWATERM-KHA Relmb Resolution (WCF 09.25.20).pdf History(I) Text 1 record Group Export [);it(' Ver. Action By Actim Result Action Details Meeting Details Video 10/20/2020 1 CITY COUNCIL Approved Action details Meetina details Not available I