HomeMy WebLinkAboutContract 51434 CITY SECRETARY 51 L I �/ I
CONTRACT NO. T
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: FM 156 from US 81/287 to
Watauga Road Water Improvements.
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 $400,000.00 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 requirements set forth in Attachment D to this
E AGREEMENT, to reasonably substantiate the invoices.
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2) The ENGINEER will issue monthly invoices for all work performed under this
Ca�Fa ,� AGREEMENT. Invoices are due and payable within 30 days of receipt.
City of Fort Worth,Texas
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(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 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The 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
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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 mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
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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 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
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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 Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort 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
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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
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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.
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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
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of 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. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
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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.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with
published design criteria and/or current engineering practice standards
which the ENGINEER should have been aware of at the time this
Agreement was executed, the ENGINEER shall revise plans and
specifications, as required, at its own cost and expense. However, if design
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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
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an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing for 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
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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 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 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.
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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated
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 days' 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;
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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 from 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,
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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., VI.F.,
VI.H., 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
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Texas Government Code, CITY is prohibited from entering into a contract
with a company for goods or services unless the contract 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 signature
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 B - 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 16 of 17
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY:
CITY OF FORT WORTH ENGINEER
Kimley-Horn and Associates, Inc.
Jesus J. Chapa
Assistant City Manager Glenn Gary, P.E.
Date:
Senior Vice-President
� ' �
Date:
APPROVAL RECOMMENDED:
By: A L
Chris Harder, P.E.
Director, Water Department
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
g.
J n Kasavich, P.E.
Sr. Professional Engineer
APPROVED AS TO FORM AND
LEGALITY
By:
Douglas W. Black
Senior Assistant City Attorney
ATT ST: T' Form 1295 No. 2018-386415
F FO
M&C No C-28838
ry J. Kayser :U
M �
City Secretary ;_ &C Date: Se tember 11 2018
* OFFICIAL RECORD
City of Fort Worth,Texas 5... ep' 5ECRET
Standard Agreement for Engineering Related Desi s r�a
Revised Date:11.17.17 ' ' r FT WORTHI T)k
Page 17 of 17
ATTACHMENT A
DESIGN SERVICES FOR
FM 156 FROM US 81/287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
ATTACHMENT A
Scope for Engineering Design Related Services for Water Improvements
DESIGN SERVICES FOR
FM 156 FROM US 81/287 TO WATAGUA ROAD
CITY PROJECT NO.: 101682
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
The following utilities are anticipated to be relocated for the TxDOT FM 156 project:
Approximate
Water Project T—FM 156 Intersection Length(LF)
1 8-inch Water Line Heritage Trace Heritage Trace Parkway 180
2 12-inch Water Line Copper Crossing Copper Crossing Drive 180
3 24-inch Water Line Harmon Harmon Road 250
4 48-inch Water Line Harmon Harmon Road 230
5 24-inch Water Line South of Harmon Harmon Road 630
6 48-inch Water Line Bailey Boswell E Bailey Boswell Road 250
7 24-inch Water Line Bailey Boswell E Bailey Boswell Road 380
8 24-inch Water Line Basswood Basswood Blvd 240
9 24-inch Water Line Western Center Western Center Blvd 310
Total Water F 2,650
WORK TO BE PERFORMED
Task 1. Design Management Task 6. Construction Phase Services—Not included in this contract
Task 2. Conceptual Design Task 7. ROW/Easement Services
Task 3. Preliminary Design Task 8. Survey and Subsurface Utility Engineering Services
Task 4. Final Design Task 9. Permits
Task 5. Bid Phase Services
TASK 1. DESIGN MANAGEMENT.
ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and
resources. ENGINEER shall manage change, communicate effectively, coordinate
internally and externally as needed, and proactively address issues with the CITY's Project
Manager and others as necessary to make progress on the work.
1.1. Managing the Team
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 1 of 14
ATTACHMENT
DESIGN SERVICES FOR
FM 156 FROM US 811287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
• 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
• 9 MWBE reports will be prepared
• 5 meetings with city staff
• 9 monthly water department progress reports will be prepared
• 9 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
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 2 of 14
ATTACHMENT A
DESIGN SERVICES FOR
FM 156 FROM US 811287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to
■ Study the project,
• Identify and develop alternatives that enhance the system,
■ Present(through the defined deliverables) these alternatives to the CITY
■ Recommend the alternatives that successfully addresses the design problem, and
■ Obtain the CITY's endorsement of this concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
• In addition to data obtained from the CITY, ENGINEER will research proposed
improvements in conjunction with any other planned future improvements that
may influence the project.
• The ENGINEER will also identify and seek to obtain data for existing conditions
that may impact the project including but not limited to; utilities, agencies (TxDOT
and railroads), City Master Plans, and property ownership as available from the
Tax Assessor's office.
• The data collection efforts will also include conducting special coordination
meetings with affected property owners and businesses as necessary to develop
sewer re-routing plans.
• The ENGINEER shall visit the project site and obtain the meter numbers and sizes
on all existing meters to be replaced on the project and shall identify existing
sample stations and fire line locations.
2.2. Geotechnical Investigations
• ENGINEER shall advise the CITY of test borings and other subsurface
investigations that may be needed for the project. If the CITY determines that
such borings or investigations are needed, then the ENGINEER shall work with
the CITY and CITY's geotechnical consultant to draw up specifications for such
testing program. The cost of such testing will be paid for by the CITY.
2.3. Fire Line Reconnection
2.4. The Conceptual Design Package is not included in this scope of services
ASSUMPTIONS
• Nine (9) Geotechnical borings are expected for this project.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 3 of 14
ATTACHMENT A
DESIGN SERVICES FOR
FM 156 FROM US 811287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
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 comer of North Side Drive and North Main
Street).
• Overall project easement layout sheet(s) with property owner information.
• Overall proiect water and/or sanitary sewer 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. The sewer layout sheet shall
identify the proposed sewer main improvement/existing sewer mains and all
sewer appurtenances in the vicinity.
• Overall water and/or sanitary sewer abandonment sheet.
• Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc.,
in the same coordinate system as the Control Points.
• Bench marks per 1,000 ft of plan/profile sheet—two or more.
• 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
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 4 of 14
ATTACHMENT
DESIGN SERVICES FOR
FM 156 FROM US 811287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
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.
• The following shall be applicable at all locations where it is necessary to relocate or
reroute the existing private sanitary sewer service line due to the abandonment or
realignment of the existing public sanitary sewer lateral or main: The CITY shall
furnish the ENGINEER with a sample format of how the sewer service line
reroute/relocation should be designed and submitted for construction. During
design survey, if a rod can be inserted through the cleanout to the bottom of the
service line, the ENGINEER will obtain the flow line elevation and design the
service line prior to advertising the project for bid. If the service flow line
information cannot be obtained during design survey, the ENGINEER shall delay
the design of the sewer service line until after a Quality Level A Subsurface Utility
Engineering (SUE investigation has been performed). The Level A SUE will be
performed; (1) by the ENGINEER if included in the fee proposal; or(2) by the CITY
prior to bidding if the CITY determines that it is needed for satisfactory completion
of the design; or(3) by the Contractor after the project has been bid, by means of a
bid item to that effect. In all options, the ENGINEER shall propose appropriate de-
hole locations in the project and collect flow line elevation and other applicable
information of the sewer service line. The ENGINEER shall use this information to
provide the design for the sanitary sewer service line to be rerouted or relocated.
• Provide map showing location of new manhole construction at the end of existing
sewer segments, 90 degree bends, or tee connections. Site survey or specific
design plans for manhole construction is not included as part of the scope. The
contract documents shall specify that it is the Contractor's responsibility to
coordinate utility location, etc. manhole construction.
• The ENGINEER will prepare standard and special detail sheets for water line
installation and sewer rehabilitation or replacement that are not already included in
the D-section of the CITY's specifications. These may included 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
• 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.
3.3. Constructability Review
• Prior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information to the CITY in
writing.
City of Fort Worth,Texas '
Attachment A
PMO Release Date:08.1.2014
Page 5 of 14
ATTACHMENT A
DESIGN SERVICES FOR
FM 156 FROM US 811287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
3.4. Utility Clearance
• The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, private utilities and government agencies to determine the
approximate location of above and underground utilities, and other facilities
(current and future) that have an impact or influence on the project. ENGINEER
will design CITY facilities to avoid or minimize conflicts with existing utilities, and
where known and possible consider potential future utilities in designs.
• The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in Buzzsaw for
forwarding to all utility companies which have facilities within the limits of the
project. The DWF files should be created directly from the CAD files as opposed
to PDF files.
3.5. Traffic Control Plan
• Develop a traffic control plan utilizing standard traffic reroute configurations
posted as "Typicals" on the CITY's Buzzsaw website. The Typicals need not be
sealed individually, if included in the sealed contract documents.
• Develop supplemental traffic control drawings as needed for review and approval
by the Traffic Division of the Transportation and Public Works Department.
These drawings shall be sealed by a professional engineer registered in the
State of Texas.
ASSUMPTIONS
• Zero (0) public meeting(s) will be conducted or attended during the preliminary
design phase.
• Nine (9) borings at an average bore depth of twenty (20)feet each will be
provided.
• 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.
• Three (3) sets of 22 x 34 size plans will be delivered for the Constructability
Review.
• Three (3) sets of 22 x 34 size plans will be delivered for the Preliminary Design
(60% design).
• One (1) set of specifications will be delivered for the Preliminary Design (60%
design).
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw.
• The CITY's front end and technical specifications will be used. The ENGINEER
shall supplement the technical specifications if needed.
• Zero (0) sets of drawings will be delivered for Utility Clearance.
City of Fort Worth,Texas
Attachment A
PMO Release Date:06.1.2014
Page 6 of 14
ATTACHMENT
DESIGN SERVICES FOR
FM 156 FROM US 811287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
DELIVERABLES
A. Preliminary Design drawings and specifications
B. Traffic Control Plan
C. Storm Water Pollution Prevention Plan
D. Estimates of probable construction cost
E. Data Base listing names and addresses of residents and businesses affected by
the project.
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:
• For projects that disturb an area greater than one (1) acre, the Contractor will be
responsible for preparing and submitting the Storm Water Pollution Prevention Plan
(SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM
Construction Plan according to the current CITY iSWM Criteria Manual for Site
Development and Construction which will be incorporated into the SWPPP by the
contractor.
• Draft Final plans (90%) and specifications shall be submitted to CITY per the approved
Project Schedule.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Construction Documents (100%)to the CITY per the approved Project Schedule.
Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in
State of Texas.
• The ENGINEER shall submit a final design estimate of probable construction cost with
both the 90% and 100% design packages. This estimate shall use ONLY standard CITY
bid items.
ASSUMPTIONS
• Three (3) sets of 22 x 34 size drawings, three (3) sets of 11 x 17 size drawings, and one
(1) set of specifications will be delivered for the 90% Design package.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• Three (3) sets of 22 x 34 size drawings and three (3) sets of specifications will be
delivered for the 100% Design package.
• A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 7 of 14
ATTACHMENTA
DESIGN SERVICES FOR
FM 156 FROM US 811287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
• Final sheet list: cover, index and general notes, shutdown and phasing notes, control
and benchmarks (2), overall location and proposed sheet reference (water) (2), overall
existing (water &sanitary sewer) (4), line abandonment (2), proposed easements (4), 10
of plan/profiles, detail sheets (18), erosion control (6), cathodic protection (6), and traffic
control (6).
DELIVERABLES
A. 90% construction plans and specifications.
B. 100% construction plans and specifications.
C. Detailed estimates of probable construction costs including summaries of bid items and
quantities using the CITY's standard bid items and format.
D. Original cover mylar for the signatures of authorized CITY officials.
TASK 5. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as follows.
5.1. Bid Support
• The ENGINEER shall upload all plans and contract documents onto Buzzsaw for
access to potential bidders.
• Contract documents shall be uploaded in a .xls 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 Buzzsaw in two formats, .pdf and .dwf files.
The .pdf will consist of one file of the entire plan set. The .dwf will consist of
individual files, one for each plan sheet, and will be numbered and named in
a manner similar to that of the plan set index.
• 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.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 8 of 14
ATTACHMENT A
DESIGN SERVICES FOR
FM 156 FROM US 811287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
• 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.
• 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 and DWF format. There shall be one (1) PDF file
and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for
the Water plan set. Each PDF and DWF file shall be created from the original
CAD drawing files and shall contain all associated sheets of the particular plan
set. Singular PDF and DWF files for each sheet of a plan set will not be
accepted. PDF and DWF files shall conform to naming conventions as follows:
1. TPW file name example — "W-1956_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-35667_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
Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in
Buzzsaw.
2) In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet
as an individual DWG file with all reference files integrated into the sheet. If the
plans were prepared in DGN format, they shall be converted to DWG prior to
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 9 of 14
ATTACHMENTA
DESIGN SERVICES FOR
FM 156 FROM US 811287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
uploading. The naming convention to be used for the DWG files shall be as
follows:
I. TPW files shall use the W number as for PDF and DWF files, but shall
include the sheet number in the name — "W-1956—SHT01.dwg", 'W-
1956—S HT02.dwg", etc.
II. Water and Sewer file names shall use the X number as for PDF and
DWF files, but shall include the sheet number in the name — "X-
12155—SHT01.dwg", "X-12755—SHT02.dwg", etc.
For information on the proper manner to submit files and to obtain a file number for
the project, contact the Department of Transportation and Public Works Vault at
telephone number(817) 392-8426. File numbers will not be issued to a project
unless the appropriate project numbers and fund codes have been assigned and
are in the Department of Transportation and Public Works database.
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
• Five (5) sets of construction documents will be sold to and made available on
Buzzsaw 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, DWF and DWG files will be uploaded to Buzzsaw.
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
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 10 of 14
ATTACHMENT A
DESIGN SERVICES FOR
FM 156 FROM US 811287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
• 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.
• The ENGINEER shall prepare documents to be used to obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
• The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM
for real property acquisition
• 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
• 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 land owners adjacent to temporary construction easements or who
are directly affected by the project and no easement is required to enter their property.
• The documentation shall be provided in conformance with the checklists and templates
available on the CITY's Buzzsaw site.
ASSUMPTIONS
• Eight (8) easements or right-of-way documents will be necessary.
• Ten (10) temporary right-of-entry documents will be necessary.
• Right-of-Way research and mapping includes review of property/right-of-way records
based on current intemet based 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.
DELIVERABLES
A. Easement exhibits and meets and bounds provided on CITY forms.
B. Temporary Right of Entry Letters
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
8.1. Design Survey
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 11 of 14
ATTACHMENT A
DESIGN SERVICES FOR
FM 156 FROM US 811287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
• ENGINEER will perform field surveys to collect horizontal and vertical elevations and
other information needed by ENGINEER in design and preparation of plans for the project.
Information gathered during the survey shall include topographic data, elevations of all
sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities,
structures, trees (measure caliper, identify overall canopy, and have qualified arborist
identify species of trees), and other features relevant to the final plan sheets. Existing
drainage at intersections will be verified by field surveys. Spot elevations will be shown on
intersection layouts with cross slope to fit intersecting grade lines.
• The minimum survey information to be provided on the plans shall include the following:
— A Project Control Sheet, showing ALL Control Points, used or set while gathering data.
Generally on a scale of not less than 1:400:
— The following information about each Control Point;
a. Identified (Existing. CITY Monument#8901, 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 Datum 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 comer of North Side Drive and
North Main Street).
— Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate
system, as the Control.
— No less than two horizontal bench marks, per line or location.
— Bearings given on all proposed centerlines, or baselines.
— Station equations relating utilities to paving, when appropriate.
8.2. Temporary Right of Entry Preparation and Submittal
• Prior to entering property, the ENGINEER shall prepare and submit Temporary Right of
Entry for landowners to CITY PM.
• The documentation shall be provided in conformance with the checklists and templates
available on the CITY's Buzzsaw site.
ASSUMPTIONS
• Topographic survey at intersection will include no more than 100 ft. in each direction.
DELIVERABLES
A. Copies of field survey data and notes signed and sealed by a licensed surveyor.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 12 of 14
ATTACHMENT A
DESIGN SERVICES FOR
FM 156 FROM US 811287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
B. Drawing of the project layout with dimensions and coordinate list.
TASK 9. Permits
ENGINEER shall obtain a TxDOT permit and a Park Conversion permit for the water line
relocations.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services described in
the tasks above. However, ENGINEER can provide these services, if needed, upon the
CITY's written request. Any additional amounts paid to the ENGINEER as a result of any
material change to the Scope of the Project shall be agreed upon in writing by both parties
before the services are performed. These additional services include the following:
• Negotiation of easements or property acquisition including temporary right-of-
entries.
• 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
• Design phase public meetings
• 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 Survey Construction Staking
• Services related to acquiring real property including but not limited to easements,
right-of-way, and/or temporary right-of-entries.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 13 of 14
ATTACHMENT A
DESIGN SERVICES FOR
FM 156 FROM US 811287 TO WATAUGA ROAD WATER IMPROVEMENTS
CITY PROJECT NO.:101682
• 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.
• Additional water and/or sanitary sewer conflicts identified for the FM 156 Project.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 14 of 14
ATTACHMENT B
COMPENSATION
Design Services for
FM 156 From US 81/287 to Watauga Road
City Project No. 101682
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 Rate
($/hour)
Senior Professional 1 $240 - $265
Senior Professional II $180 - $250
Professional $160 - $210
Analyst $115 - $175
Senior Technical Support $115 - $190
Technical Support $70 - $100
Support Staff $75 - $115
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 11 -
Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Water Department monthly progress reports and schedules in the format
required by the City.
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
FirmI Primary Responsibility Fee Amount
Prime Consultant
Kimley-Hom and Design and Bidding $230,756 57.7%
Associates, Inc.
Proposed MBE/SBE Sub-Consultants
V&A Consulting Cathodic Protection $19,138 4.8%
Engineers, Inc.
CMJ Engineers, Inc. Geotechnical Engineering $43,000 10.7%
Gorrondona & Survey and Easements $53,426 13.4%
Associates, Inc.
The Rios Group Subsurface Utility Engineering $21,550 5.4%
Non-MBE/SBE Consultants
Bennett Trenchless Trenchless Engineering $32,130 8.0%
Engineers
TOTAL $400,00 100%
Project Number & Name Total Fee MBE/SBE Fee MBE/SBE %
101682 FM 156 from US
811287 to Watauga Road $400,000 $137,114 34.3%
Water Improvements
City MBE/SBE Goal = 10% Consultant Committed Goal = 15 %
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
FM 156 From US 81/287 to Watauga Road
City Project No. 101682
NO CHANGES
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of 1
FORT WORTH
ATTACHMENT "D"
PROJECT SCHEDULE
A. ENGINEER Project Schedule Development
ENGINEER shall prepare a project schedule for the services to be provided in fulfilling
the requirements of the Agreement and encompassing the Scope of Work defined in
Attachment A to the Agreement.
ENGINEER shall prepare and maintain project schedule throughout the life of the project
as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled
Engineer Project Schedule.
ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for
planned sequencing of the work activity and timing of the work.
B. Schedule "Tier" Selection
City has identified three "Tier" levels for project schedules as defined in City's
Specification 00 31 15, to align with the size and complexity of the project as a basis for
schedule development. City's Project Manager will determine the "Tier" level for the
ENGINEER's project schedule as part of the negotiation of the Agreement.
C. Project Baseline Schedule
ENGINEER will produce an initial project schedule and submit as a "baseline" for review
and acceptance by City's Project Manager as defined in City's Specification 00 31 15
which will be referred to as the Project Baseline Schedule. Updates to the baseline
schedule follow the requirements of City's Specification 00 31 15.
D. Project Progress Schedule
ENGINEER will provide to the City, monthly updates to their project schedule indicating
progress of the Work in compliance with the requirements of City's Specification 00 31
15 and said schedule will be referred to as the Project Progress Schedule.
E. Master Project Schedule
City will develop and maintain a master project schedule for the overall project.
ENGINEER's project baseline and progress schedule submittals will be an integral part
of the development and updating process of City's Master Project Schedule.
City of Fort Worth,Texas
Attachment D
Revision Date:07.20.2018
Page 1 of 1
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/11/2018 -Ordinance No. 23369-09-2018 & Resolution
No. 4974-09-2018
DATE: Tuesday, September 11, 2018 REFERENCE NO.: **C-28838
LOG NAME: 60FM156-KHA
SUBJECT:
Authorize Execution of an Engineering Agreement with Kimley-Horn and Associates, Inc., in the Amount of
$400,000.00 for Design and Project Management Services on FM 156 from US 81/287 to Watauga Road
Water Improvements, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with
Proceeds of Future Debt, Provide for Project Costs and Adopt Reimbursement Ordinance (COUNCIL
DISTRICTS 2 and 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Resolution expressing Official Intent to Reimburse expenditures with proceed of
future debt for the FM 156 from US 81/287 to Watauga Road Water Improvements Project;
2. Adopt the attached appropriation ordinance reducing unallocated appropriations and increasing
appropriations in the Water and Sewer Commercial Paper Fund in the amount of$810,000.00 from
available funds for the purpose of funding FM 156 Water Improvements Project from US 81/287 to
Watauga Road; and
3. Authorize the execution of an engineering agreement with Kimley-Horn and Associates, Inc. in the
amount.of$400,000.00 for design and project management services on FM 156 from US81/287 to
Watauga Road Water Improvements and provide for project costs (City Project No. 101682).
DISCUSSION:
The Texas Department of Transportation (TXDOT) proposes to reconstruct and widen Farm-to-Market
(FM) 156 (Blue Mound Road) from US 81/US287 to Watauga Road. This project has also been identified
and specifically listed in Mobility 2040: The Metropolitan Transportation Plan for North Central Texas,
developed by NCTCOG. Due to conflicts with the proposed roadway and drainage construction, water
main relocations are necessary along the FM 156 corridor.
Kimley-Horn and Associates, Inc., proposes to provide the necessary design, project management, and
construction services for a not to exceed fee of$400,000.00. Construction support services include: attend
preconstruction meetings, on-site observations, construction progress meetings, and shop drawing
reviews. Staff considers the proposed fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount, $410,000.00 is required for project management and real property
acquisition.
Engineering for FM 156 from US 81/287 to Watauga Road Water Improvements is one component of the
overall project that includes project management, easement acquisition, material testing, inspection,
construction and contingencies. The overall project budget is $5,751,400.00. Design is expected to start in
October 2018 and be completed by September 2019. Construction is anticipated to commence January
2020 and be completed by March 2021.
1 ,i__//_ _L.. _. _ / •Y/ . _ _ _. n• 1 n//1 n n n , n 11 m n n rn//1 n Y n
This project will have no impact on the Water Department's operating budget when complete.
This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund.
Available cash within the Water and Sewer portfolio and the City's portfolio along with the 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 and Sewer Fund will be charged interest that is
equivalent to the overall rate of return being earned by the City portfolio (currently approximately one-
percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short-
term financing source, another funding source will be required, which could mean issuance of securities
under the 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 adopted the Water Department's Fiscal Year 2018-2022 Five Year Capital Improvement
Plan on September 26, 2017. This City Council adopted 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 Statement, 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 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 the City's BDE Ordinance by
committing to 29 percent SBE participation on this project. The City's SBE goal on this project is 10
percent.
This project is located in COUNCIL DISTRICTS 2 and 7.
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 Water and Sewer Commercial Paper Fund
for the FM 156 from US 81/287 to Watauga Road Water Improvements Project. The Water and Sewer
Commercial Paper Fund includes authority of the $150,000,000.00 for the purpose of providing interim
funding for Water and Sewer Capital Projects.After this transfer, the balance will be $116,080,765.00.
Funding for this project is depicted in the table below.
Fund Existing Additional Project
Appropriations Appropriations Total*
Water and Sewer Commercial $0.00 $810,000.00 $810,000.00
Paper (56014)
Project Total $0.00 $810,000.00 $810,000.00
* Numbers rounded for presentation purposes.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: John Kasavich (8480)
ATTACHMENTS
1. 07312018 Form 1295 Certificate 100400713.pdf (Public)
2. 60FM156-KHA- REIMB'RESOLUTION.docx (Public)
3. 60FM156-KHA 56016 AO18Rev.docx (Public)
4. 60FM156-KHA FID (Dan)Table updated.docx (CFW Internal)
5. 60FM156-KHA SAM.pdf (CFW Internal)
6. Map-60FM156-KHA.pdf (Public)
7. SBE Compliance Memo - KHA- US 81 -287.pdf (CFW Internaf)
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ATTACHMENT "E" LOCATION MAP
MAYOR AND COUNCIL COMMUNICATION MAP
60 FM 156-KH
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CROSSING DR + �- ~ i
#IARAfiQh FAQ
f FM 156 (BLUE MOUND)
RECONSTRUCTION AND
WIDENING LIMITS
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WA1FR E Fu10EERO. 8
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CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-386415
Kimley-Horn and Associates, Inc.
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/31/2018
being filed.
City of Fort Worth,Texas Date Ack24e
dged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
101682
FM 156 From US 81/287 to Watauga Road Water Improvements
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Atz,John Dallas,TX United States X
Peed, Brooks Dallas,TX United States X
Schiller, Mike Dallas,TX United States X
Wilson, Mark Dallas,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Kevin H000ers and my date of birth is 3/12/1975
My address is 13455 Noel Road.Suite 700 Dallas TX 75240 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Dallas County, State of Texas on the 31 day of July 20 18
(month) (year)
Signature of authorized agen f contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711