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Home My WebLink AboutContract 34075�.,>l..1..�(� ;==y�'�,", �i�c��i A ��I� ':�(�f`t9 ��t=�;'O�j�i� �� , . CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Kimley- Horn and Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as: Northside III 2.5 Million Gallon Elevated Storaqe Tank and 36" Water Transmission Main Proiect Number P264-531200-0607140036833: 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: Invoice and Payment The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. 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 p„ .� �, ,, „��;,., ,� No interest will accrue on any contested portion of the billin u"n`�ta1'' u� a'lly'--�� resolved. ;j I ,� �� ' � ` ;;G% ,, . .. . . , . e - , �� ,�,, � ,� (5) If the CITY fails to make payment in full to ENGINEER for bill�ngs`I'contest�d ��'" 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, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of ' �� : services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (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 cosUexecution 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. ic,n?.l��ri',,� O:ri^'ij 1i�O- ��VY�'��1��,��-, :�i5vu� J .__IS�+ ,��„i r! ,3�; �;��ti ��',�.:�1 �`� ;!,',j;`^l�;o;�� iU', �?�Rr , �� ::� ,::��.�P�� U�.LUa 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 e�ent 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 befinreen 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 affe�� op,�ration or ;;,,��, r . � . .. � � '. . . . . . ��,'J 1 E � � i �: �� ';1. �� , �:�",�`'�:'�I �', `�L ��e maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other 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 ENG�NEER 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. 15550, 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 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 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 subcon- sultant 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. 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 that 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. ��a��,).' 1 t'�� ''� � i ;:, c �;;��+! , ,�'1�'% '2;� �',`��-?�i, ro;� � V J l e,' 2 L�'�. � J: !�� ',;��'��J.�.ull� ��uU� 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 ENGINEER has obtained all 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 coverage specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on documentation requirements. part of the CITY to request required insurance shall not constitute a waiver of the insurance (d) 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. 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. (fl Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the CITY in 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. -..� � ' � ''�'�� ':iY' )�:� �s`'�'1 i'sv�'J�°1'� -'!�� :��;��'1--�% �..�, 'v � I; ci ��:'tii5'�;�'1: u' ��II� J ��(� J �. :`J ��: i 1: U ;(l� � �l� d'11 � (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. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. (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. (I) 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 subconsultants maintain insurance coverage, 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 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 ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an 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 Properly 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 o ITY's :'�;';;�:J: _l .;'��i'J�'�i ?;�; �� % �� L; it i� ��`—� �t: l� � '`' '�,.^�, � c., tr 9 7 u� � �Jai�i(l�� G�1e 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 render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment A. 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 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 befinreen 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, 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 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: , -, _ � S , � . � �,, } F,'d ! �� L— � � ��v�',J �+��;'� ,,?��/' �''s�j,'` �,�y �� :1.. �_-; �r: �: IL-�. �.. � � ,,-:�• ;, �U pn �� '�:�,':::�:�n� �'�l � � ti. � 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 shall assign all or any part of this AGREEMENT without the prior written consent of the other party. _ H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 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 inediation 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 arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment 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. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B — Compensation Attachment C — Amendments Attachment D — Schedule Attachment E — Exhibit Executed this the �, day of �� , 20 U�. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) r. ,, -. � w a�'. 3c'' '�� ;"�� j �i�('� ��,� �r � 1 <�� ! � li� � �. �: �i "v��l' �`?'�� il's�!`�U�''`J r.r,,;� �n�� r� � �, �.�: �v �l L�'J �, ��L�, ATTEST: Marty Hendrix City Secretary APPROVED AS TO FORM n�in i rr+ni iTi ATTEST: APPROVAL RECOMMENDED � -�-�� - / �� / t. �. . Frank Crumb, P.E., Director, Water Department � � -` � `� � >ntr L authorizati.c�� - C _ � � �__ `� �e CITY OF FORT WORTH ;;'� t By: � -`' �e,L Marc tt, Assistant City Manager ENGINEER By: , � �`�'7 _/ Glenn Gary, P.E. Senior Vice-President Kimley-Horn and Associates, Inc. � �_� , . - ca,:r' �•., �- c, �� ';� r�3,� 1>;��'� �: ��t�:1��, ��' ,, �� S�, - ;��; 1r��. �,', ��1 �'' ( I`�J�� J l'i:�Vlluli+'�Jt'i1i�� ` ��i ^vl.(��v'�1iY�'1�9 �4✓�11 ATTACHMENT "A" � Northside III 2.5 Million Gallon Elevated Storage Tank And 36-inch Water Transmission Main (DOE No. 5460) City Project No. 00368 General Scone of Services BASIC SERVICES The Scope of Services is for analysis and preparation of construction plans and specifications associated with the proposed Northside III 2.5 Million Gallon Elevated Storage Tank (EST). The tank will serve the Northside III pressure plane and be located on the south side of Avondale-Haslet Road between US 287/81 and Willow Springs Road within the Vista Crossroads development. The project will include approximately 6,000 linear feet of 36-inch water transmission line from the existing 36-inch Northside II water main in Willow Springs to the new tank site. The tank will be a composite-type elevated storage tank with an overflow elevation of 950' and a capacity of approximately 2.5 million gallons. This project will be a multiphase project that will consist of the following tasks: ■ Task 1 — Platting - EST ■ Task 2a — Preliminary Design-EST ■ Task 2b — Preliminary Design-Water Line ■ Task 3 a— Final Design - EST ■ Task 3b — Final Design — Water Line ■ Task 4a —Advertising/Bidding/Construction Contract Award — EST ■ Task 4b —Advertising/Bidding/Construction Contract Award — Water Line ■ Task Sa — Construction Phase Services — EST ■ Task S.b — Construction Phase Services — Water Line ■ Task 6— Resident Project Representative - EST TASK 1 — Platting EST The ENGINEER's survey subconsultant will prepare a boundary survey of a one acre EST site located on the south side of Avondale-Haslet Road between US 287/81 and Willow Springs Road within the Vista Crossroads development. The boundary survey shall include a drawing with legal description. The boundary survey shall also include the area of the site, the scaled location of the = flood hazard area from FIRM, the area of the remainder of the parent tract of land, the name of the CITY of the parent tract, a legal description of 8.5" x 11" paper and any recorded easements and easements of reeord. The ENGINEER's survey subconsultant will prepare a plat of the proposed elevated storage tank site for submittal to the City of�Fort Worth, and meet with the City of Fort Worth staff to coordinate plat submittal and submit the plat, as required. The plat will be revised and resubmitted to the CITY as required for final approval. 1 of 23 TASK 2 — PRELINIINARY DESIGN A. Preliminary Design - EST � 1. Kickoff Meeting The ENGINEER will attend a kick-off ineeting with the CITY to develop criteria for site configuration and design criteria. 2. Plans The ENGINEER will prepare and submit Preliminary Design Plans for a 2.5 MG composite style tank consisting of 11"x17" plan sheets showing the preliminary site plan and tank details. The Preliminary Design Plans will address the following: Hydraulics • Tank Location (using the City's water system model) • Piping • Control Valves • Yard Piping and Valves • Pressure Transducer • Diffusion and/or Circulation System FAA • Height restriction variance Electrical � SCADA • Operational Alarms • Security � Cathodic Protection � Safety Lighting • Interior Lighting • Site Lighting • Telecommunications Compatibility Tank • Foundation • Construction • Doors • Hatches • Use of Interior Space • Recirculation System • Logo Site • Grading • Drainage • Paving • Fencing • Landscaping • Irrigation system 2 of 23 3. Topographic Survey and Control The ENGINEER's survey subconsultant will perform a horizontal and vertical survey of the proposed site to locate visible topographic features, existing utilities contained within and adjacent to the site and property information such as iron pins, easements, etc. The ENGINEER's survey subconsultant establish horizontal and vertical control points at the proposed tank site. The project control will be based on NAD 83 coordinate system by using the CITY reference station at Meacham Airport, or other CITY approved reference station. 4. Geotechnical Analysis and Report The ENGINEER's geotechnical subconsultant will perform a geotechnical analysis of the site utilizing a qualified geotechnical laboratory to determine subsurface conditions and make recommendations regarding foundation design parameters. The geotechnical analysis will include the following: a. Subsurface exploration including up to five (5) sample bores at varied depths. b. Laboratory tests for classification purposes and strength characteristics. c. Engineering services that address soil and groundwater conditions as well as recommendations for foundations, floor slab and earthwork. The geotechnical report will present the results of the field and laboratory data as well as analyses and recommendations. The data contained in the geotechnical report will be made available to contractors during the bidding process for information purposes. 5. Opinion Of Probable Construction Cost The ENGINEER will prepare preliminary opinion of probable construction cost (OPCC) for the proposed elevated storage tank. 6. Meetings: The following meetings are included as part of this task a. The ENGINEER will prepare for and attend one (1) kick-off ineeting with the CITY. b. The ENGINEER will attend one (1) meeting to present preliminary design and deliverables. c. The ENGINEER will attend semi-monthly progress meetings with the CITY, as needed. 7. Deliverables: Preliminary design deliverables will consist of the following: a. Ten (10) copies of 11"x17" Preliminary Design Plans b. Ten (10) copies ofPreliminary OPCC. c. Two (2) copies of Geotechnical report. The following services/deliverables are to be provided by the CITY: a. Review and comment on the preliminary submittals. b. Digital copies of the aerial photographs of the project area. 3 of 23 � ��.: �� l �;�, I ;;: '� :� 5 �� :i �� i�J � s,, �7 ;"'-v � U �' �� l; � � l�y'-`,'� �%1:� � r� V�;s� i,;�;�j��" 2�� ' `� � .`U � � c� „� , ►r�._ __. _ �—_� _ -_ . B. Preliminary Design — 36-inch Water Line 1. Survey The ENGINEER's survey subconsultant will perform a design level survey. Survey limits will be from right-of-way to right-of-way for Avondale-Haslet Road from the tank site to the intersection of Willow Springs Road. No survey will be done on private property without prior written permission from the property CITY. The survey will obtain the following information, if available: a. Existing surface features and vertical information on sanitary sewer components such as manholes and cleanouts. b. Existing surface features and vertical information on water system components such as valves (top of nut elevation), meters, and fire hydrants. c. Existing surface features and vertical information on franchise utility infrastructure such as manholes, risers, line markers, and utility poles. d. Existing surface features and vertical information on storm drain system components such as manholes, inlets, and catch basins. e. Street signs and traffic control boxes. f. Right-of-way lines/property pins and corner clips. g. Building corners within 10 linear feet of the survey corridor. h. Fences within 10 linear feet of the survey corridor. i. Trees 6-inch in diameter and larger within the right-of-way or easement. j. Irrigation heads and control valves located within the survey corridor. k. Sidewalks, back of curbs and edges of pavement within the survey corridor. 1. Driveway locations within the survey conidor. m. Other topographic information critical for design. The ENGINEER's survey subconsultant will establish horizontal and vertical project control at 1,500 foot intervals throughout the length of the project. The project control will be based on NAD 83 coordinate system by using the CITY reference station at Meacham Airport. The ENGINEER's survey subconsultant will establish horizonta] and vertical project control monumentation consisting of three (3) control point locations agreed upon by the ENGINEER and CITY and checked to City of Fort Worth Benchmarks. The ENGINEER's survey subconsultant will research Tarrant County Appraisal District records to determine current CITYs shown on their records and provide names and addresses of each tract -. adjacent to the proposed route. The ENGINEER will obtain either copies of recorded plats or individual deeds of each tract not platted. Right of Entry requests will be prepared and mailed to each property CITY prior to field surveys. The ENGINEER assumes that the water line will be placed within the existing Tarrant County or CITY right-of-way. Services associated with Easement Acquisition will be Additional Services. 4 of 23 2. Utility Corridor Study The ENGINEER will perform a utility corridor study for Avondale — Haslet Road. The study will provide utility assignments for existing and proposed utilities for the following scenarios: a. Existing right —of —way (approximately 60 feet) b. Proposed right-of-way based on City of Fort Worth Master Thoroughfare Plan (minor arterial, 80-foot ROV� 3. Plans The ENGINEER will prepare 22"x34" preliminary plan sheets at a scale of 1"=40' horizontally. The plan sheets will contain the following information: a. Cover Sheet b. Overall location map c. Preliminary reference sheet d. Survey control sheet e. General Notes i. Preliminary General Notes ii. Benchmarks iii. Legend f, g• iv. Contact list Survey Information Water line alignment (plan view, single line only - 15 sheets) i. Location of appurtenances to include service valves, manholes, meters, change in pipe size, fire hydrants, cleanouts, bores, connections to existing utilities, and other structures. ii. Preliminary water line stationing iii. Dimensions for right-of-way and water and/or sanitary sewer lines location relative to the right-of-way. iv. Identify utilities and appurtenances to be abandoned or removed v. Legend vi. North anow and scale vii. Warning to Contractor of franchise utility locations and contacts viii.City of Fort Worth map reference number _ ix. Match line locations 5 of 23 h. Details i. Applicable Standard Fort Worth Water Details i. Preliminary Specifications i. General Conditions —Water Department format ii. Technical Piping Specifications 4. Deliverables Deliverables will consist of the following: a. . Five (5) copies of Utility Corridor Study b. Five (S) copies of Preliminary Plans c. Two (2) sets of Preliminary Specifications d. . Five (5) copies of preliminary Opinion of Probable Construction Cost e. Monthly MWBE reporting 5. Meetings The following meetings are included as part of this task a. The ENGINEER will attend semi-monthly progress meetings with the CITY, as needed. b. The ENGINEER will attend one (1) meeting to present preliminary design and deliverables. TASK 3 - FINAL DESIGN Once the Preliminary Design has been approved by the CITY, the ENGINEER will proceed with the following Final Design tasks: A. Final Design - EST 1. Plans The ENGINEER will prepare 11"x17" final plan sheets at a scale of no more than 1"= 40' horizontally and 1"=4' vertically. The plan sheets will contain the following information: a. Cover Sheet b. Overall location map c. Reference sheet d. Survey control sheet e. General Notes i. General Notes ii. Benchmarks iii. Legend iv. Contact list £ Sequencing notes 6 of 23 � v'it�'�'.,;�� ;,S�Uii��1 - 1 �°� i". �r �,� 5c�i v�a VJ�� c;:SC;;'1r5�-�� I i �� '�'fl•�(i.'�C%Ili� fi)i``�. I J �i. 1;; '.=i ��` .,'u l� � �:%�.. , . g. Civil Sheets ( 10 sheets) i. Site plan ii. Profiles of gravity lines and pressure lines 6-inch diameter and larger iii. Elevations iv. Sections v. Tank logo vi. Grading vii. Landscaping viii.Applicable Standard Fort Worth Water Details ix. Tank details h. Electrical i. Site plan ii. Floor plan iii. Sections i. J• k. iv. Cathodic protection v. Control and Instrumentation vi. SCADA vii. Security viii.Site lighting ix. FAA required obstruction lighting Traffic Control Plan Storm Water Pollution Prevention Plan (SWPPP) Plumbing plan i. Onsite sanitary sewer (for chlorine analyzer) 2. Specifications The ENGINEER will prepare specifications in City of Fort Worth Water Department format that will include: a. Notice to Bidders b. Agreement c. Bid form d. M/WBE Requirements e. General Provisions £ Supplemental Provisions g. Technical Specifications 7 of 23 3. Regulatory Review The ENGINEER will submit final plans to the following regulatory agencies for review: a. TCEQ b. Texas Department of Licensing and Registration (TDLR) — for ADA requirements (if required). The ENGINEER will pay the review fee required for plan submittal one time. 4. Corrosion Protection Design The ENGINEER will provide specifications for the contractor to install a cathodic protection system for the EST. 5. Building Permit The ENGINEER will prepare and submit for approval the permit form and required information to obtain a City of Fort Worth building permit for the EST. Payment of building permit fees are not included in this contract. 6. Deliverables Deliverables will include the following: . a. Five (5) copies of 95% Plans b. Five (5) sets of 95% Specifications c. One (1) set of Traffic Control Plans for CITY T/PW review d. Five (5) copies of Final Plans e. Five (5) sets of Final Specifications f. One (1) mylar copy of the Cover Sheet for execution by the CITY g. One (1) copy of Opinion of Probable Construction Cost h. Three (3) copies of a letter addressing CITY comments i. Monthly MWBE reporting 7. Meetings The following meetings are included as part of this task a. The ENGINEER will attend semi-monthly progress meetings with the CITY, as needed. b. The ENGINEER will attend one (1) meeting to present 95% design and deliverables. B. Final Design - 36-inch Waterline 1. Plans The ENGINEER will prepare 22"x34" final plan sheets at a scale of 1"=40' horizontally and 1"=4' vertically. The plan sheets will contain the following information: a. Cover Sheet b. Overall location map 8 of 23 c. Reference sheet d. Survey control sheet e. General Notes f. General Notes g. Benchmarks h. Legend i. Contact list j. Sequencing and shutdown notes k. Water line alignment (plan view, double line drawing and profile sheets — 15 sheets) i. Location of appurtenances to include service valve, manholes, meters, change pipe size, fire hydrants, cleanouts, bores, connections to existing utilities, and other structures. ii. Horizontal alignment will include station and offsets, dimension from right-of-way, and northing and easting callouts. A horizontal control point will be included on each line segment. iii. The profiles will include top of pipe or flowline callouts every 100-feet and/or critical appurtenance locations. The grade of the water line will also be included. iv. Thrust restraint will be indicated for the proposed pipeline. v. Pavement repair, surface restoration and backfill requirements. 1. Details � i. Applicable Standard Fort Worth Water Details ii. Details developed specifically for this project, including air release and vacuum valves and vaults, cathodic protection system, blow off valve details, temporary road construction details and other details required for construction of the project. m. Traffic Control Plans i. The ENGINEER will prepare traffic control plans for construction of the proposed water line for submittal to Tarrant County in accordance with Tarrant County guidelines. n. Storm Water Pollution Prevention Plan (SWPPP) o. Burlington Northern Sante Fe Railroad permit i. The ENGINEER will prepare a permit application to submit to BNSF for construction of the proposed water line. The ENGINEER will pay the processing fee required for the submittal one time.. p. Tarrant County Utility Permit 2. Specifications The ENGINEER will prepare specifications that will include: a. Notice to Bidders b. Agreement c. Bid form 9 of 23 d. M/WBE Requirements e. General Provisions f. Supplemental Provisions (in Department of Engineering format) g. Technical Specifications 3. Cathodic Protection System The scope of work includes field investigations, laboratory testing, electrical continuity testing, current requirement testing, data analysis and reports to evaluate approximately 6,000 linear feet ofthe proposed 36-inch water. a. Document Review arid Project Management This task consists of all the preparatory work required for the task. The specific elements are as follows: The ENGINEER will review the pipeline alignment with respect to crossings of foreign pipelines and paralleling utility systems. Existing cathodic protection systems and locations of foreign line test stations will be identified. Foreign pipeline crossings will be considered. ii. The ENGINEER will evaluate the pipeline alignment for possible induced AC interference and the need for protection under fault conditions. b. Cathodic Protection Field Survey The ENGINEER will obtain soil resistivity measurements at intervals not to exceed 2,000-feet using ASTM G-57-95. The measurements will be taken to depths of 5, 10, and 15-feet. ii. The ENGINEER will test soil samples for moisture content, pH, chloride ion and conductivity. Water samples will be similarly tested with the addition of sulfate ions. iii. The ENGINEER will create dimensional field sketches of possible locations for cathodic protection anodes. Locations of secondary AC service and sites for the installation of power supplies will be noted. c. Data Analysis and Lab Work i. The ENGINEER will evaluate soil resistivity test data including the use of Barnes Layer techniques for determining resistivities of the soil layer where the 36-inch water line is to be installed. ii. The ENGINEER will test soil samples in the laboratory for moisture content, pH, chloride ion concentration, sulfide ion concentration and conductivity. Water samples will be similarly tested, with the exception of moisture content. Sulfate ion concentrations will be determined for water samples as well. iii. The ENGINEER will tabulate and analyze AC and DC interference test data using _ computer models. iv. The ENGINEER will compile data and analyze the conditions for galvanic and electrolytic corrosion along the proposed pipeline route will be�performed. 10 of 23 `i:� T�� d'L,� ;�;: b?i I,� (:> lT ti'C� '� � U,l'� �.�'_�' �;; �r�? � f � J� �� l� `:��':::' `.�,tq ��? .'; r,n; � L i�� o d. Corrosion Protection Design Following the analysis of the electrical data and the soil test results, corrosion protection and AC/DC interference mitigation requirements will be defined for 3 pipe types (welded steel pipe concrete pipe, and ductile iron pipe) for the proposed 36-inch water line. Design criteria will include minimizing the impact of the severe soil stresses in the area and a preference for sacrificial anode versus impressed cunent cathodic protection. Specific design deliverables will include: i. Recommendations for protective coatings based upon AWWA standards for the proposed 36-inch water line. ii. Prepare a report that documents test data, analysis and an opinion of probable construction cost for cathodic protection and interference control systems, plans and specifications. 4. GeotechnicalInvestigation The ENGINEER's geotechnical subconsultant will perform a geotechnical analysis of the boring site utilizing a qualified geotechnical laboratory to determine subsurface conditions and make recommendations regarding foundation design parameters. The geotechnical analysis will include the following: a. Subsurface exploration including up to two (2) sample bores at varied depths. b. Laboratory tests for classification purposes and strength characteristics. The geotechnical report will present th� results of the field and laboratory data as well as analyses and recommendations. The data contained in the geotechnical report will be made available to contractors during the bidding process for information purposes. TASK 4— ADVERTISING AND BIDDING SERVICES Once the Final Design has been approved by the CITY, the ENGINEER will proceed with advertising and bidding services. The ENGINEER assumes that the Elevated Storage Tank and 36-inch Water Line will be bid as separate projects. Therefore, the following services will be performed for each of the two (2) separately bid projects: A. Advertisement Services 1. The ENGINEER will have thirty-iive (35) sets of the Elevated Storage Tank bidding documents and forty (40) sets of the 36-inch Water Line bidding documents reproduced. If additional sets are required for issuance it will be considered additional services. 2. The ENGINEER will prepare a Notice to Bidders for publication by the CITY. The CITY will be responsible for publication of the notice. The ENGINEER will be responsible for distribution of bidding documents to prospective contractors, suppliers and plan rooms for the Elevated Storage - Tank. The ENGINEER will deliver the forty (40) sets of 36-inch Water Line bidding documents to the Department of Engineering Plan Desk, The ENGINEER will charge prospective contractors, suppliers and plan rooms a non-refundable fee of $100.00 for each set of bidding documents. This $100.00 fee reimbursement is included in the fee for this contract. 3. The ENGINEER will conduct a pre-bid conference to answer questions about the project. 11 of 23 4. The ENGINEER will provide support to CITY staff during the advertisement phase of the project, answer questions from bidders, issue interpretations of the contract documents and prepare necessary addenda for the project. Addenda will be reviewed and approved by the CITY prior to issuance. 5. The ENGINEER will attend the bid opening for the project, assist in the review and tabulation of the bids received, evaluate the apparent low bidder(s) and make a recommendation regarding the possible award of the contract. The ENGINEER will assist the CITY by checking references of apparent low bidders. � 6. Conformance Documents a. For the Elevated Storage Tank project, the ENGINEER will prepare Conformance Documents that will include specification and plan revisions made by addendum during the bidding process. b. The Department of Engineering will prepare conformance documents for the 36-inch Water Line project. 7. The ENGINEER will prepare contract documents for execution by contractor, receive and review such documents for completeness and forward to the CITY for review and execution. B. Deliverables 1. The following deliverables are anticipated for the Advertising and Bidding task: a. One (1) Bid Tabulation b. One (1) Electronic copy ofthe Bid Tabulation c. One (1) Recommendation of Award Letter d. Seven (7) sets of executable Contract Documents e. Thirty-five (35) sets of bound bidding documents for the Elevated Storage Tank £ Forty (40) sets of bound bidding documents for the 36-inch Water Line TASK 5- CONSTRUCTION PHASE SERVICES ENGINEER will provide professional construction phase services for construction of the proposed Elevated Storage Tank and 36-inch Water Line, for the purpose of providing assistance to CITY during construction. The Department of Engineering will provide Construction Management services for the 36-inch Water Line project. The ENGINEER assumes that the Elevated Storage Tank and 36- inch Water Line will be constructed as separate construction contracts. Therefore, the following services will be performed for each of the two (2) separate construction contracts. Construction =. Phase Services will not include services related to inspections or testing, applications for payment, disagreements between the CITY and the Contractor, or determination of substantial completion. These services will be considered Additional Services. 12 of 23 A. Pre-Construction Conference The ENGINEER will attend a Pre-Construction Conference prior to commencement of work at the site. B. Visits to Site and Observation of Construction 1. ENGINEER wil] provide on-site construction observation services during the construction phase. ENGINEER will make visits at intervals as directed by CITY in order to observe the progress of the Work. It is anticipated that the ENGINEER will attend one progress meeting and visit the site for observation at that time, once a month for a period of 14 months for the Elevated Storage Tank and a period of 9 months for the 36-inch Water Line. Additional site visits will be considered additional services. Such visits and observations by ENGINEER are not intended to be e�chaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on ENGINEER's exercise of professional judgment. Based on information obtained during such visits and such observations, ENGINEER will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and ENGINEER will keep CITY informed of the general progress of the Wark. 2. The purpose of ENGINEER's site visits will be to enable ENGINEER to better carry out the duties and responsibilities specifically assigned in this Agreement to ENGINEER, and to provide CITY a greater degree of confidence that the completed Work will conform in general to the Contract Documents. ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall KHA have autharity over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. C. Recommendations with Respect to Defective Work 1. ENGINEER will recommend to CITY that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, ENGINEER believes that such work will not produce a completed Project that conforms generally to Contract Documents. D. Clarifications and Interpretations ENG]NEER will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to CITY as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by CITY. — E. Shop Drawings and Samples 1. ENGINEER will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals 13 of 23 or other action will not extend to means, methods, techniques, equipment choice and usage; sequences, schedules, or procedures of construction or to related safety precautions and programs. F. Substitutes and "or-equal" 1. Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. G. Limitation of Responsibilities 1. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. ENGINEER shall not have the authority or responsibility to stop the work of any Contractor. H. Final Notice of Acceptability of the Work 1. ENGINEER will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that ENGINEER may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of ENGINEER's knowledge, information, and belief based on the extent of its services and based upon information provided to ENGINEER upon which it is entitled to rely. I. Record Drawings 1. The ENGINEER will prepare Record Drawings. Recard Drawings will be revisions to the construction drawings that reflect changes during the construction process reported to the ENGINEER by the Contractor and are considered to be significant, 2. The Record Drawings are not guaranteed to be "as builY', but are based on the information made available. One (1) set of Record Drawings on mylar will be delivered to the CITY. TASK 6— RESIDENT PROJECT REPRESENTATIVE ENGINEER will provide resident project representation services for construction of the proposed Elevated Storage Tank for the purpose of providing assistance to CITY during construction. Following is an outline of the services to be performed. A. Resident Project Representative 1. ENGINEER shall furnish a Resident Project Representative ("RPR"), assistants, and other field staff to assist ENGINEER in observing progress and quality of the Work. The RPR, assistants, _. and other field staff under this Task may provide half time representation (assuming a 9 months — of active construction) or may provide representation to a lesser degree. 2. Through such additional observations of Contractor's work m progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for CITY against defects and deficiencies in the Work. However, 14 of 23 ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility far Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. 3. The duties and responsibilities of the RPR are limited to those of ENGINEER in the Agreement with the CITY and in the Contract Documents, and are further limited and described as follows: a. General. RPR is ENGINEER's agent at the Site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to a Coritractor's work in progress shall in general be with ENGINEER and Contractor, keeping CITY advised as necessary. ii.RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. - iii. RPR shall generally communicate with CITY with the knowledge of and under the direction of ENGINEER. b. Schedules. Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by a Contractor and consult with ENGINEER concerning acceptability. c. Conferences and Meetings. Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. d. Liaison i. Serve as ENGINEER's liaison with Contractor, working principally through Contractor's superintendent, and assist in providing information regarding the intent of the Contract Documents. ii. Assist ENGINEER in serving as CITY's liaison with Contractor when Contractor's operations affect CITY's on-Site operations. iii. Assist in obtaining from CITY additional details or information, when required for proper execution of the Work. Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by ENGINEER. £ Shop Drawings and Samples i. Record date of receipt of Samples and approved Shop Drawings. 15 of 23 ii. Receive Samples which are furnished at the Specific Project Site by Contractor, and notify ENGINEER of availability of Samples for examination. iii. Advise ENGINEER and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by ENGINEER. h. Modifications. Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to ENGINEER. Transmit to Contractor in writing decisions as issued by ENGINEER. i. Review of Work and Rejection of Defective Work Conduct on-Site observations of Contractor's work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. ii. Report to ENGINEER whenever RPR believes that any part of Contractor's work in progress will not produce a completed project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Specific Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. j. Inspections, Tests, and System Start-ups i. Consult with ENGINEER in advance of scheduled major inspections, tests, and systems start-ups of important phases of the Work. ii. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate CITY's personnel, and that Contractor maintains adequate records thereof. iii. Observe, record, and report to ENGINEER appropriate details relative to the test procedures and systems start-ups, iv. Accompany visiting inspectors representing public or other agencies having jurisdiction over a Specific Project, record the results of these inspections, and report to ENGINEER. k. Records i. Maintain at the Site orderly files for correspondence, reports of job conferences, — reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submiitals 16 of 23 received from and delivered to Contractor, and other Specific Project-related documents. ii. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. iii. Record names, addresses, fax numbers, e-mail addresses, web site locations and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. iv. Maintain records for use in preparing project documentation. v. Upon completion of the Work, fumish original set of all RPR Specific Project documentation to ENGINEER. l. Reports i. Furnish to ENGINEER periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. ii. Draft and recommend to ENGINEER proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. iii. Furnish to ENGINEER and CITY copies of all inspection, test, and system startup reports. iv. Immediately notify ENGINEER of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern.. m. Payment Requests i. Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. n. Certificates, _Operation and Maintenance Manuals i. During the course of the Work, verify that materials and equipment certificates, _ operation and maintenance manuals and other data required by the Specifications — to be assembled and furnished by a Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to ENGINEER for review and forwarding to CITY prior to payment for that part of the Work. 17 of 23 c Il,.' 1 Il '^ 1� 6 ��J f��\...71�' �l� :��J�J�iJ � �N�QI�r Il�2�ii�12 it'��`�,� i 'J� � � u�ti:�t� J'.J � :�� ..��✓1:C'P�� L��a o. Completion i. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. _ ii. Participate in a final inspection in the company of ENGINEER, CIT`Y, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. iii. Observe whether all items on the final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance and issuance of the Notice of Acceptability of the Work. 4. Resident Project Representative shall not: a. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items). b. Exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. c. Undertake any of the responsibilities of a Contractor, subcontractors, suppliers, or a Contractor's superintendent. d. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of the Contractor's work unless such advice or directions are specifically required by the Contract Documents. e. Advise on, issue directions regarding, or assume control over safety practices, precautions and programs in connection with the activities or operations of CITY or Contractor. f. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by ENGINEER. g. Accept Shop Drawing or Sample submittals from anyone other than Contractor. h. Authorize CITY to occupy a Specific Project in whole or in part. 18 of 23 ATTACHMENT "B" Compensation I. Professional Engineering Services For all professional engineering services included in ATTAC�IIVIENT "A", Section I, Basic Services of the General Scope of Services, the CITY agrees to pay the ENGINEER on a cost plus maximum basis. The total amount of the contract will not be exceeded without a modif cation to this agreement; however, any task may be exceeded as long as the PROJECT total is not exceeded. Recommend budgets are as follows: ■ Task 1 — Platting - EST ■ Task 2a — Preliminary Design-EST ■ Task 2b — Preliminary Design-Water Line ■ Task 3a — Final Design - EST ■ Task 3b — Final Design — Water Line ■ Task 4a — Advertising/Bidding/Construction Contract Award — EST ■ Task 4b — Advertising/Bidding/Construction Contract Award — Water Line ■ Task Sa — Construction Phase Services — EST ■ Task Sb — Construction Phase Services — Water Line ■ Task 6— Resident Project Representative — EST Total compensation to be paid #o the ENGINEER will not exceed II. Basis for Compensation $ 9,500 $ 64,300 $102,000 $149,000 $ 98,300 $ 22,500 $ 22,500 $ 41,000 $ 47,000 92 400 $648,500 The CITY will compensate the ENGINEER for the various items listed above on a reimbursable basis, where the total contract amount may not be exceeded without an amendment, task budget may be exceeded. 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 2004 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, 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. Technical use of computers for design, analysis, GIS, and graphics, etc. will be billed at $25.00 per hour. 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. 19 of 23 EXHIBIT `B-1" M/WBE Summary Northside III 2.5 Million Gallon Elevated Storage Tank (EST) and 36-inch Water Line Task Description Fee M/WBE (%) Task 1 — Platting - EST Task 2a — Preliminary Design-EST Task 2b — Preliminary Design-Water Line Task 3a — Final Design - EST Task 3b — Final Design — Water Line $9,500 $64,300 $102,000 $149,000 $98,300 $8,000 $23,300 $26,500 $20,300 $6,700 Task 4a — Advertising/Bidding— EST $22,500 $0 Task 4b — Advertising/Bidding— Water Line $22,500 $0 Task Sa — Construction Phase Services — EST $41,000 $0 Task Sb — Construction Phase Services — Water Line $47,000 $0 Task 6— Resident Project Representative - EST $92,400 $59,200 Total Project $648,500 $144,000 (22.21%) M/WBE Subconsultant Gorrondona and Associates, Inc. Goj er-McCreary HVJ Associates Services Survey Electrical Engineering Geotechnical Fee $42,000 $23,000 $75,000 Alphagraphics #83 (ML Holding) Printing/Reproduction $4,000 Total $144,000 Non-M/WBE Subconsultant Services Fee Carrpro Companies, Inc. Corrosion Protection $18,100 Cardinal Stratagies SWPPP $2,000 CMJ Engineerin� Inc. Geotechnical $2, 500 Total $22,600 = This attachment is provided for informational purposes only to show the projected plan to meet the M/WBE goal of 22%. The actual dollars paid by the ENGINEER to M/WBE subconsultants may vary for each task as well as for each subconsultant. The subconsultants listed are those intended for use on this project, but the actual subconsultants used may vary. --- -_ --- -, � ��' =�ii t ,, --•.rr,..,,��,. h �'�:; y r)'�> I J':.� �;'� '�+':% ��r��' N S�'� � . �'1 f i I \ �I��il��i'S�� !� �Ui°y �i V� yl ��/ (:� I`% �.: L 4:•�J �; J 20 of 23 .�.;�,.-� f� � r�� '�'�'�'��?�I�U ��'' �p G�1e EfFective January 1, 2006 EXHIBIT "B-2" Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Senior Professional II $155 - $190 Senior Professional $125 - $165 Professional $65 - $110 Designer $100 - $115 Technical Support $55 - $95 ClericaUAdministrative Support $55 - $75 21 of 23 ATTACHMENT "C" Amendments to Standard Agreement No modifications to the Standard Agreement were necessary for this project. 22 of 23 ATTACHMENT "D" Schedule ENGINEER will endeavor to meet the CITY's scheduling needs on this project. The ENGINEER will complete the tasks defined Tasks 1-4, in the Scope of Services in 525 calendar days. 23 of 23 � �� F S ; E ♦ R 3 � � 3 3 2 � � x � t F 4 6 �' �?i �s {�� (� a � � m fl N W Qi 7 n �C C � G� O N� N 1 � 'a , n 7 N ,:�' � 3 °i o N � "'n N'�O � O '� r�� o � �� d Q� o m � — rn = Dm o -Ni � a m �o 2 m � m � 0 d a Client#: 660269 80KIMLEHORI ACORD,M CERTIFICATE OF LIABILITY INSURANCE 9/25/O6�oomrrr� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB&T Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7823 National Service Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2nd Floor Greensboro, NC 27419 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: L@Xlllgt011 If1SU�ii11Ce COI'Tlp8f1�/ 19437 Kimley-Horn and Associates, Inc. wsuRER a: 3001 Weston Parkway iNsuRER c: PO Box 33068 INSURER D: Raleigh, NC 27636 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY EFFECTIVE POLICY EXPIRATION LIMITS lTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD Y GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED $ COMMERCIAL GENERAL LIABILITY P EMISES Ea occurrence CLAIMS MADE � OCCUR MED EXP (Any one person) $ PERSONAI 8 ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PR� LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accidenl) ANY AUTO ALL OWNED AUTOS BODILY INJURY a (Perperson) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per acciden�) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCE55/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR � CLAIMS MADE AGGREGATE 8 $ $ DEDUCTIBLE RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT E ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOVEE $ I� yes, describe under EL DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below A OTHER professional 0481178 12/09/05 12/09/06 $1,000,000 Per Claim Liability $1,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project #061018038.3 Northside III 2.5 MG EST and 36" Water Line CERTIFICATE c�ty of Fort wortn 1511 11th Avenue Fort wortn, TX 76102 ACORD 25 (z0o1/os) 1 of 2 #S1899266/M1650281 I.HIVI.tLLH I IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL � DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUSjjO IZE[2 D REPRESF�IT�/ € ... -- ... . j iI G .fy..� e �f—/� �� ,� �� A � i GJ ( V wv y 1 C�- CA +�'� "o+r :� i JCD o ACORD'CORPORATION 1988 � i ' �e: .. ..... , �.. i IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it a�rmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #S1899266IM1650Z81 DATE (MMIDDlYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 09/25/2006 PRODUGER ( g 04 ) 3 96 — 44 04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ABSRCROMBIS INSIIR.ANCE AGENCY, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND �R P. O. BOX 5857 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. JACRSONVILLB FL 32247-5857 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERATRAVELBRS PROP CASIIALTY 25674 RIMLEY—HORN AND ASSOCIATSS, INC. INSURERB: �A.M. BEST R.ATING A+) P. 0. BOX 33068 INSURERC: INSURER D: RALEIGA NC 27636-3068 INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RE�UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLl1SIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POUCY EXPIRATION LIMITS LTR INSR TMPE OF INSURANCE POLICY NUMBER DATE (MM1DD/Y`/) DATE (MM1D0/Y`!) A GENERALLIABIUTY P-630-315X3476—TIL-06 09/O1/2006 09�OZ�iO�% EACHOCCURRENCE S 1��0�'�00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED SOO, OOO PREMISES Ea occ�rrence s CLAIMS MADE � OCCUR � � � � MED EXP M one erson S S� OOO X CONTRAC'1`UAL LIAB PERSONAL B ADV INJURY S 1� OOO � OOO � � � I GENERALAGGREGATE S i� OOO � OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2 r O O O� O O O X POLICY JECT LOC I I � I C9L 1� OOO� OOO A AUTOMOBILELIABILITY CAP-836G87fiA-06 09/O1/2006 O9�OZ�ZOOi COMBINEDSINGLELIMIT S 1�000�000 (Ea accidenl) X ANY AUTO ALL OWNED AUTOS � � � � BODILY INJURY a (Per person) SCHEDULED AUTOS X HIREDAVTOS � � � � BODILYINJURY s (Per eccident) X NON-OWNED AUTOS I I � � PROPERTYDAMAGE s (Per accidenl) OARAOELIABILITY AUTOONLY-EAACCIDENT s ANY AUTO � � � � OTHER THAN EA ACC S AUTO ONLY: AGG b EXCESS/UMBRELLA LIABILITY I � � � EACH OCCURRENCE $ OCCUR � CLAIMS MADE AGGREGATE S S DEDUCTIBLE � � / / S S RETENTION S j� WORKERSCOMPENSATIONAND 836G878-3-06 09�01�20�6 09�01�2��7 i{ TORYLAMRS °ER EMPLOYERS' LIABILITY SOO � OOO EL. EACH ACCIDENT S ANY PROPPoETOR/PARTNER/EXECUTtVE OFFICER/MEMBER EXCLUDED? � � I � EL- DISEASE - EA EMPLOYEE $ 5OO � O OO H yes, describe under 5 0 0, 0 0 0 SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT b OTHER � � � � � � � � � � � � DESCRIPTION OF OPERAT10NS1LOCATIONSNEHICLES1EXClUSIONS ADDED BY ENDORSEMENTlSPECIAL PROVISION$ PROJECT: KHA PROJECT 5061016038.3; NORTHSIDE III 2.5 MG EST AND 36" WATER LINE. HOLDER CHRIS HARDER CITY OF FORT WORTH 1511 11TH AVENIIB � FT. WORTH ACORD 25 (2001f08) �ru INS025�oioe�.oe I.AIVI.CLLH 1 IVI`I — SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE El(PIRATON DATE THEREOF, THE ISSUINO INSURER V1ALl ENDEAVOR TO MAII 3O DAYS WRITTEN HOT7CE TO THE CER. CATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBllO� ON OR LIABILITY OF ANY KIND UPON THE TX 76102— AUTHORIZED ELECTRONIC LASER FORMS�INC. - Cr � ;. 2AC RD CORPORATION 1968 � Page 1 of 2 Client#: 660269 80KIMLEHOR1 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE 9/25/06�oonrrr� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB&T Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7823 National Service Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2nd Floor Greensboro, NC 27419 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: L@Xlflgt017 If1SU�8�1Ce CORlPBfly 19437 Kimley-Horn and Associates, Inc. �NsuRER e: 3001 Weston Parkway INSURER C: PO Box 33068 INSURER D: Raleigh, NC 27636 iNsuReae: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TNE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY EFFECTNE POLICY EXPIRATION LIMITS LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD Y DATE MMIDD Y EACH OCCURRENCE 8 GENERAL LIABILITY DAMAGE TO RENTED $ COMMERCIAL GENERAL LIABILITY PR MISE Ea occurren e CLAIMS MAOE � OCCUR MED EXP (Any one person) S PERSONALfl AOVINJURY b GENERALAGGREGATE E GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S POLICY PR� LOC JECT AUTOMOBIIE LIABILITY COMBINED SINGLE LIMIT $ (Ea accidenl) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Perperson) SCHEDULED AUTOS HIftED AUTOS BODILY INJURY $ (Per accident) NON-OWNED �UTOS PROPERTY DAMAGE $ (Per accidenl) AUTO ONLY - EA ACCIDENT S GARAGE LIABILITY ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE E $ $ �EDUCTIBLE E RETENTION $ WC STATU- OTH- WORKERS COMPENSATION AND EMPLOYERS' LIABIIITY E.L. EACH ACCIDENT S ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPIOYEE $ II yes, describe unAer E.L. DISEASE - POLICY LIMIT E SPECIAL PROVISIONS below A OTHER professional 0481178 12/09/05 12/09/06 $1,000,000 Per Claim Liability $1,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project #061018038.3 Northside III 2.5 MG EST and 36" Water Line CERTIFICATE HOLDER City of Fort Worth 1511 11th Avenue Fort wortn, Tx �s�o2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELIED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL �,0__ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAIL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUj�fO IZE��T�/�"" " c� ACORD 25 (2oo1los) 1 of 2 #S1899266/M1650281 �Cp o ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), auihorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) Z of 2 #S1899266/M1650281 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLtCY PERIOD INDICATED. NOTWITHSTANOING ANY RE�UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAIMS. INSR ADD'L POLICY EFFECIIVE POLICY E%PIRATION LIMIT5 LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE �MM1DD/YY) DATE (MIAIDD/YY) A GENERALLIABIIITY P-630-315X3976-TIL-06 09/O1/2006 �9��1�20�7 EACHOCCURRENCE f 1��0��00� �AMAGE TO RENTEO f SOO, OOO X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence CLAIMS MADE � OCCUR � � � � MED EXP one erson f S�� X CONTRACTUAL LIAB PERSONAL 8 ADV INJURY S 1� OOO � OOO � � I I GENERALAGGREGATE f i� OOO� OOO GEN'L AGGREGATE UMIT APPLIES PER_ PRODUCTS - COMPIOP AGG S 2� O OO � OOO X POLICY JECT LOC � � I I CSL 1� OOO, OOO A AUTOMOBILELIABIIITY CAP-836G876A-06 09/O1/2006 �9�01�2��i COMBINEDSINGLELIMIT s 1�000�0�� (Ea accideni) X ANY AUTO ALL OVNJED AUTOS � � � � BOOILY INJURY s (Perperson) SCHEDULED AU70S X HIRED AUTOS � � � � BODILY iNJURV s (Per eccidenq X NON-OWNED AUTOS I I � � PROPERTY DAMAGE s (Per accidenl) OARAOE LIABILITY AUTO ONLY - EA ACCIDENT f ANY /1UT0 � � � � OTHER TNAN EA ACC S AUTOONLY' AGG E EXCESSIUMBRELIA LIABILITY � I I I � EACH OCCURRENCE E OCGUR � CLAIMS MADE AGGREGATE E 3 DEDUCTIBLE � / / / s S RETENTION 5 A 09 O1 2006 a9 O1 2007 g� S7nTU- oTH- WORKERS COMPENSATION AND 836GH78-3-06 I I I I TORY LIMITS ER EMPLOYERS' LIABILITY S O O� O O O E L EACH ACCIDENT f ANY PROPRIETOR/PARTNEF2/EXECUTIVE OFFICER/MEMBEREXCLUDED? � � I I ELDISEASE-EAEMPIOYEEf SOO�OOO N yes, describe undor 5 0 0� 0 0 0 SPECIAL PROVISIONS Delow E L DISEASE - POLICY LIMIT E OTHER I � � � � � � � � � � � DESCRIPTION OF OPERATONS/I.00ATIONSNEHICLE5IEXCLU510NS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: KHA PROJECT N061018038.3; NORTHSIDE III 2.5 MG EST AND 36" WATER LZNE. CERTIFICATE HOLDER CANCELLATION � � — CHRIS HARDER CITY OF FORT WORTH � s i i i i�x Av ErruE — SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEp BEFORE THE EXPIRATION DATE THEREOF, THE ISSUINO INSURER YNLL ENDEAVOR TO MAII 3 O DAY3 WRITTEN NOTICE TO THE CER CATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 50 SHALI IMPOSE NO 09LI0� ON OR LIABILITV OF ANY KIND UPON THE � AUTNORIZED R ESENTA \. � � I FT. WORTH TX 76102- �' ACORD 25 (2001108) /j � AC F ��u INSOYS (OtOB) 05 ELECTRONIC LASER FORMS`INC. - �eoo) �-osae CORPORA710N 1968 Page 1 012 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication � - : ----- - _- - - --- _ _ - - . . - ____ _- _ _ _ _ .- - � COUNCIL ACTION: Approved on 9/26/2006 - Ordinance No. 17197-09-2006 F -.-_. _ .._ .._.. _-.-: .:.._ _-.. .::,-' _..t. _ _. -_:.-.- '.: � :..-; '... ....... .... �.-::: .. _-_` DATE: Tuesday, September 26, 2006 LOG NAME: 60NORTHSIDE III REFERENCE NO.: **C-21731 SUBJECT: Authorize Execution of Engineering Agreement with Kimley Horn & Associates, Inc., for the Northside I I I 2.5 Million Gallon Elevated Storage Tank ` 6' a er ission Main (Project No. 00368) and Adopt Appropriation Ordinance -- - - - - - - f-:-_-._.-- .__.-:. .,_. ,:. .." __.. . ___._ �:___._. .. . ._ .... _-...:.. ...._-. ....... .�....�.: . __.. .. :.... RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to transfer $695,376.00 from the Water and Sewer Operating Fund to the Water Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $695,376.00 from available funds; and 3. Authorize the City Manager to execute an engineering agreement with Kimley Horn & Associates, Inc. for a lump sum fee of $648,500.00 for the Northside III 2.5 Million Gallon Elevated Storage Tank and 36" Water Transmission Main. - - - =� DISCUSSION: On March 19, 2002, (M&C C-19013) the City Council authorized the execution of an engineering agreement for the update to the Water System Master Plan. This study provided schedules for major water capital improvement projects through the year 2025. The update to the water master plan contains projections for both population growth and corresponding potable water demands of each pressure zone within the Water Department's service area, including the rapidly growing Northside service area. The Water Master Plan recommended that a 2.5 million gallon elevated storage tank be constructed to provide service to the Northside III pressure plane along with the installation of a 36-inch water main, connecting the proposed elevated storage tank with the existing 36-inch line located at the intersection of Willow Springs and Avondale Haslet Road. The proposed elevated storage tank will be located near the intersection of Avondale Haslet Road and U.S. 287. As part of the scope of work within this agreement, the Engineer will assist in the acquisition and platting of the elevated storage tank property, assist in the acquisition of a building permit for the elevated storage tank, perform all engineering and design functions necessary for the preparation of plans and specifications for the elevated storage tank project and the pipeline project, provide construction estimates, provide bidding services and shop drawing review, and perform the construction management for the construction of the elevated storage tank. In addition to the contract amount, $46,876.00 is required for project management by the Water and Page 2 of 2 Engineering Departments. Kimley-Horn & Associates, Inc., is in compliance with the City's M/WBE ordinance by committing to 22 percent M/WBE participation. The City's goal on this project is 22 percent. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers 1&2 P264 472045 6071800368ZZ 1&2 P264 472045 6071400368ZZ � P264 531200 607180036830 � P264 511070 607180036830 � P264 531350 607180036842 � P264 531350 607140036831 � P264 531350 607140036832 � P264 531350 607140036833 � P264 531350 607140036842 � P264 533010 607140036861 � PE45 531350 607140036860 FROM Fund/Account/Centers $666,500.00 2)PE45 538070 0609020 � $28,876.00 P264 531200 6071,40036833 ,� $648,500.00 $15,000.00 $3,000.00 $7,163.00 $14,325.00 $2,388.00 $3,000.00 100.00 $1,900.00 Submitted for City Manager's Office by: Originating Department Head: Marc Ott (8476) S. Frank Crumb (8207) Additional Information Contact: S. Frank Crumb (8207) $695,376.00 $648,500.00