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