HomeMy WebLinkAboutContract 34767CITY SECRET�R�
C�IVTRACT NO.
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:
Citvwide Aquatic Facilities Master Plan and Prototvpe Splash Pad Desiqn
Article I
Scope of Services
A. The Scope of Services and Schedule 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 portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full, 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. ----__ -==_—
i - -� ��
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page t of 14
'e:;' �'f � ��� �!�°`! l 'a' ��'v �� :+� �
�l`7J�L� C'��i'1J�Uil=1:'�`fU
��� �:'.!.; J.,l� �ln �� ��
� -,
G 1
� �G �
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
cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible 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.
STANDARD ENGINEERING AGREEMENT (REV 10/O6/05)
Page 2 of 14
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on-site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT.
If, for any reason, the ENGINEER should make an on-site observation(s), on
the basis of such on-site observations, if any, the ENGINEER shall endeavor
to keep the CITY informed of any deviation from the Contract Documents
coming to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedure —�.�, �,.,,, .,� ar�� ��
'��'�'�J'�,�1;�':� i''.�vlJ�n"D,
STANDARD ENGINEERING AGREEMENT (REV 10/06/05) �,�Q ,� ,�I�5r,�c�.—[ �� r, `�/a
Page 3 of 14 V'J U �� c�'S�;'�LL�;,�1•� U
- -, -, q
��� �;:':: `�;'�� �'� ���� ,
0
G.
L�
�
J
(1)
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.
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.
Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, 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.
Right to Audit
ENGINEER agrees that the CITY shall, until the expiration
�,. i,l ,;,� ����'::,;j;���
STANDARDENGINEERINGAGREEMENT(REV10/06/05) ��;;f'����\,�1���� '�.'S�V�:;�'�.J
Page 4 of 14 �,.,� ;�; G�,p�� i�; f;���
�1J�ti� �;���:p���,��':
� n � � C��
�''�1'��i:�' �i �
��> >.�,�U..�Iu�, Ll�i.
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
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non-owned when said vehicle is used in the
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 5 of 14
course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and shall
contain a retroactive date prior to the date of the contract or the first date of
services to be performed, whichever is earlier. Coverage shall be maintained
for a period of 5 years following the completion of the contract. An annual
certificate of insurance specifically referencing this project shall be submitted
to the City for each year following completion of the contract.
(2) 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 in this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
(d) A minimum of forty-five (45) 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
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 6 of 14
Texas and have a minimum rating of A: VII in #he current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
(f) 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.
(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
in writing.
(j) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be coincident with or prior
to the date of the contractual agreement. The certificate of insurance
shall state both the retroactive date and that the coverage is claims-
made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
(I) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 7 of 14
N.
�
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.
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.
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
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perform, at no cost to the ENGINEER, such tests of equipment, machinery,
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 8 of 14
pipelines, and other components of the CITY's facilit�es as may be required in
connection with the ENGINEER's services. The CITY will be responsible for all
acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and 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 Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 9 of 14
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 between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
STANDARD ENGINEERING AGREEMENT (REV 10/O6/05)
Page 10 of 14
in this AGREEMENT. If such changes affect the ENG!NEER'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 CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER.
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:
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,
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 11 of 14
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 lang 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.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 12 of 14
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 Compiy
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
- �, ,. �, �,
STANDARD ENGINEERING AGREEMENT (REV 10/06/05) ` ,� � � +!_1� ,��i2;,v,v��/ �
Page13of14 .���� ���
V
�N, �,�� �:���r�o!S��dy,f��
���� �������
��, �':�;�:������ �� ����e
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
Article vz z
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
Executed this the ��ay o � , 2007.
ATTEST:
�
Marty Hen
City Secretary
�: �1_.l� I
C�n�ract ?�u�.horizatio�
1-�
�ate
APPROVED TO
,
/��(/ �
, �
Assist nt Citv�Attor�
,
f`
ey
, CITY OF FORT WORTH
By:
Libby Watson
Assistant City Manager
l6�L�GALITY
ATTEST:
:�
��
M k. Hatchel, RLA, ASLA
Associate and Senior Project Manager
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 14 of 14
APPROVAL RECOMMENDED
i v�l %/ C�
M lody M' che I, Acting Director
Parks and Community Services Department
KIMLEY-HC3t�N'AND A�'SSC�.CIATES, INC.
, ��
By: - � ti t ' � � �c-��--� -�
Thomas L. Whalen
Vice President
^- r-, I-- o, N^ o i1
v���'v�G,!'� �5��'�l') 1,D
�����f ���;U?� 1���
:. n n � ,�
j� �'�?j'''1'�,C7 I I i �(
�Ilo . �:i�:��11� �.GV�
November 16, 2006, Pg. I
�''� �11 � KimleyHorn
� � � (� and Associates, Inc.
Attachment A(Scope of Services and Schedule)
Scope of Services
Unit 1— Citywide Aquafic Facilities Master Plan (CAFMP)
Proiect Understandinp
The City of Fort Worth currently operates an antiquated municipal outdoor
aquatic program and currently operates and maintains six (6) aquatic pools at the
following sites: Marine, Sylvania, Hillside, Kellis, Forest and Sycamore Parks.
Kimley-Horn and Associates (Consultant/Engineer) understands that the City of
Fort Warth (City) Parks and Community Services (PACS) intends to prepare a
Comprehensive Aquatic Facilities Master Plan (CAFMP.) This CAFMP will
make recommendations concerning the renovation of existing facilities versus
removal, relocation and development of new updated municipal aquatic facilities
based on changing aquatic trends and population demographics shall serve as the
core of the master plan effort. As part of facility recommendations, long range
estimated development costs and annual operations costs shall also be required as
a component of the CAFMP.
Consultant Services
1. DATA COLLECTION
A. Analyze the existing inventory of private aquatic facilities (i.e.
residential subdivision amenity centers, YMCA's, Lockheed-Martin
recreation area, fee based private membership pools). The City will
provide existing plans and operational data regarding existing pool
facilities.
B. Audit the existing PACS pools and their infrastructure and support
facilities to help guide planning decisions and cost estimations.
C. Analyze current demographic information as it relates to population
density vs. available aquatic amenities.
2. GOALS/OBJECTIVES/PUBLIC MEETINGS
A. The Consultant will be required to conduct five (5) community and
special interest group meetings (NW/NE/SW/SE/CC) and a meeting
with City recreation staff to obtain the overall needs of the public. The
consultant will use this information to prepare a schematic plan that
will be refined through additional staff input meetings.
A�TACHMENT A
November 16, 2006, Pg. 2
B. Topics of these meetings would include potential locations, community
groups interested in using the center, recreational activities citizens
would like to have and the needs of the staff as related to overall City
aquatic programs and operations.
C. Locations of proposed aquatic centers are to be determined in the
master planning process. The possibility of several smaller centers
instead of just one major facility is being considered, in addition to the
possible renovations/expansion to existing pool(s) facilities. The
location of any of these facilities will be within the boundaries of the
City of Fort Worth, Texas.
3. FINAL PLAN/SITE PROGRAMS
Using the information gathered in Section 2 above, the Consultant will
prepare a final Aquatic Facilities Master Plan that details
recommendations for improvements and renovations to existing aquatic
facilities and new facilities for the City of Fort Worth aquatic program.
Recommendations shall include:
• Location of all aquatic facilities with recommendations for types of
facilities and simple guidelines for site selection criteria (i.e.
population, demographics, service area, adequate
space/infrastructure/parking and combined with other PACS
facilities such as community centers/athletic field areas/community
parks.) The plan shall explain how major decisions were made.
• Each recommended site/facility should have a basic program
outlining the recommended improvements in sufficient detail to
provide a development and operations cost estimate and to be used to
guide future designers.
• Work to existing aquatic facilities including a program for
improvements if the site is to remain. The program will list the type
of facility with amenities, services, and a specific staffing plan
outlining the number and type of employees needed to accomplish
requirements that the site will host shall be included.
• During this phase, the consultant will be required to submit review
drafts and have additional progress meetings with the Design and
Development Department of the City of Fort Worth Parks and
Community Services who will supervise this study. The number and
frequency of these meetings will be determined by the PACSD. The
travel cost and fees for these visits are included in the lump sum
proposal.
• Cost estimates for each facility including planning, design &
construction.
4. FINAL PRESENTATION
Using the information developed in Section 3 above, the Consultant will
finalize the Aquatic Facilities Master Plan that details recommendations
November 16, 2006, Pg. 3
for improvements and renovations to existing aquatic facilities and new
facilities for the City of Fort Worth aquatic program. The Consultant will
also be required to make a final formal presentation, with graphics
necessary to convey ideas, to the Park Advisory Board once the study is
completed to the satisfaction of the Design and Development
Department. The Consultant will deliver six hard copies of the plan and
one complete electronic copy of the plan.
Unif 2- Protofypical Splash Pad
Proiect Understandinp
The City of Fort Worth Parks and Community Services Department requests
your firm prepare prototype splash pad design, construction documents, and
construction bid assessment / observation for a re-circulating splash pad at
Sycamore Park. It is the PACS intent to use this prototype and associated
construction documents as a guideline for any future splash pad installations.
Please note that the professional services performed shall be predicated on a
proposed construction budget of $525,000.00. This amount is exclusive of basic
and special professional service fees.
Consultant Services
The Consultant will be responsible for undertaking the following tasks:
L COORDINATION AND DESIGN MANAGEMENT
The Consultant will serve as the lead design consultant and project team
manager. Items of work included in this task are:
A) Coordination of survey and geo-technical work.
B) Assisting the City in defining the project scope, design budgets, and
assignment of design team responsibilities.
C) Locate existing utilities and determine utility service requirements.
D) Manage the project and the consulting team during design phase.
E) Communicate regularly with the City as needed.
F) Attend meetings with City representatives to review the Schematic
Design, Design Development, and the Construction Documents.
G) Coordinate City plan reviews and permit set submittals.
2. EXISTING CONDITIONS AND TOPOGRAPHIC SURVEY
The Consultant will provide a topographic survey of the site in
AutoCAD 2004. The topographic survey will be a detailed ground
survey showing existing above ground conditions, utilities, contours at
one-foot (1') intervals, spot elevations, physical features, single trees
greater than four inches (4") in diameter in the vicinity of planned
improvements. Datum will be tied to a benchmark or datum designated
November 16, 2006, Pg. 4
by the City. The Consultant will use the AutoCAD files to prepare an
existing conditions and removal plan for the proposed splash pad.
3. GEO-TECHNICAL REPORT / SOILS INVESTIGATION
The Consultant will provide a geo-technical engineering services report
for the park site. This work will consist of doing two borings at
Sycamore Park in the vicinity of proposed spray ground and filtration
enclosure area. The reports will provide recommendations for any
required soil modification, dewatering, spray ground slab, concrete
paving, and footing designs.
4. SCHEMATIC DESIGN
The Schematic Design phase will consist of the following tasks:
A) The Consultant will conduct one meeting with City representatives to
document and prioritize the needs and desires of the community and the
City for the proposed park. At the meeting, an initial design program and
conceptual schematic will be developed for the swimming complex. The
Engineer will then work with the City's staff to develop a colored master
plan display and budget estimate. Prior to proceeding with the
conceptual design, the Consultant shall recommend, along with the basis
for the recommendations, the splash pad elements to be utilized.
Considerations in selecting the splash pad elements shall include, but not
be limited to, initial cost, maintenance cost, recreational value, and
overall benefit to the City.
B) Preparation of schematic plans, sections, and outline specifications for
the splash pad, filtration enclosures, and site development showing
critical dimensions and features.
C) Provide an opinion of probable construction cost for the splash pad,
filtration enclosures, and site development, and answer questions
regarding cost data.
D) Provide information on finishes equipment, lighting, outlets, spray
ground water supply and waste, structural design, and site utilities.
E) Meet with City representatives to present the schematic design and to
obtain schematic design comments.
F) Finalize the schematic design package to reflect changes and
comments determined by consensus at a meeting with City
representatives.
5. DESIGN DEVELOPMENT
The Design Development phase will consist of the following tasks:
Nove�nber 16, 2006, Pg. 5
A) Preparation of design development plans and specifications for the
splash pad, filtration enclosures, and site development.
B) Provide an opinion of probable cost and coordinate based upon the
design development plans.
C) Provide information on finishes equipment, lighting, outlets, splash
pad water supply and waste, structural design, and site utilities.
D) Meet with City representatives to present the 100% design
development design and to obtain design development comments.
E) Finalize the 100°Io design development package to reflect changes and
comments determined by consensus at a meeting with City
representatives.
6. CONSTRUCTION DOCUMENTS
The Construction Document phase will consist of the following tasks:
A) Preparation of final construction plans and specifications for the
splash pad, filtration enclosures, and site development.
B) Provide an opinion of probable cost based upon the 100%
construction documents.
C) Provide final specifications and details on finishes equipment,
lighting, outlets, splash pad water supply and waste, structural design,
and site utilities.
D) Meet with City representatives to present the 100°Io construction
documents.
E) Finalize the 100°Io construction documents to reflect changes and
comments determined by consensus at a meeting with City
representatives and submit for TAS/ADA compliance review.
Items to be included in the construction documents set are:
1) Site Development Plans (demolition, layout, grading, storm sewer and
drainage areas, water and sanitary sewer, lighting, power distribution,
erosion control, planting and irrigation, and details.)
2) Filtration Enclosure Plans (floor plans, elevations, section, details,
plumbing, electrical, equipment, finishes, and structural).
3) Splash Pad Plans (layout, details, pressure piping, return piping,
filters, pumps, controls, and details.)
4) Project Manual consisting of technical specifications and the City's
front-end master contract documents.
7. BIDDING PHASE
The Consultant will provide Bidding Phase Services as follows:
November 16, 2006, Pg. 6
A) Assist the City in preparing the advertisement for bids.
B) Develop a list of pre-qualified contractors.
C) Attend Pre-Bid Meeting to answer questions from Bidders and
prepare addenda as necessary.
D) Provide bid tabulations and Letter of Recommendation. (A summary
of the bid analysis will be provided to the City for use in selection and
award of the construction contract.)
E) Furnish the City with final plans in the form or reproducible mylars
for bidding / construction.
8. CONSTRUCTION PHASE SERVICES
The Consultant will provide Construction Phase services for the project
as requested by the City, as outlined below. Please note these services do
not provide a full-time resident project representative:
A) Provide site observation visits appropriate to the stage and quality of
the contractor's works in progress. Site observation visits shall be
provided for the purpose of ascertaining for the City that the work is
in substantial or general conformance with the contract documents
and design intent.
Should non-conforming or
Consultant will endeavor tc
representative and Contractor
required.
defective work be observed, the
� immediately inform the City's
conforming or remedial action is
2. The number of site observation visits to be provided by a
representative of the Consultant at times in the judgment of the
Engineer appropriate to the works, or as otherwise
requested/directed by the City, shall not exceed an aggregate rotal
of twelve (12) visits over the period of the contractor's
construction contract.
3. The Consultant shall have no responsibility for any contractor's
means, methods, techniques, equipment choice and usage,
sequence, schedule, safety programs, or safety practices, nor shall
Consultant have any authority or responsibility to stop or direct the
work of any contractor. The Consultant's visits will be for the
purpose of endeavoring to provide the City a greater degree of
confidence that the completed work of its contractors will
generally conform to the construction documents prepared by the
Consultant. Consultant neither guarantees the performance of
contractors, nor assumes responsibility for any contractor's failure
to perform its work in accordance with the contract documents.
B) Conduct coordination meetings with contractors, inspection
personnel, and City representatives to discuss strategy, problem areas,
progress, and any required or requested coordination. Prepare a
summary of these meetings and distribute them to both the City and
the contractor (maximum of twelve meetings total to be conducted in
November 16, 2006, Pg. 7
conjunction with a site observation visit.) It is estimated that
construction will take approximately 120 calendar days.
C) Review and process all shop drawings and other submittal
information for the purpose of ascertaining conformance with the
design intent and constntction documents.
D) Provide written responses to requests for information or clarifications.
E) Prepare and process change orders, if required.
F) Review monthly pay requests by the contractor.
G) Assist the City in conducting substantial completion and final
completion observations.
H) Review of Contractor furnished As Built / Record Drawing Plans.
I) When complete, recommend final acceptance of work.
November 16, 2006, Pg. 8
Schedule
Schedules shown below are in calendar days and work shall commence upon
receipt of signed contract and Notice to Proceed.
Unit 1— Citywide Aquatic Facilities Master Plan
Task I Data Collection
Task II Goals/Objectives/Public Meetings
Task III Final Plan/Programs
Task IV Final Presentation
Total
Unit 2— Protofype Splash/Spray Pad
50 Days
60 Days
120 Days
30 Davs
260 Days
Existing Conditions/Topo Survey/Geotechnical Report 30 Days
Schematic Design 60 Days
Design Development 30 Days
Construction Documents 30 Days
Bidding Phase 60 Days
Construction Administration 120 Davs
Total 330 Days
Note: Schedules for Unit 1 and Unit 2 will occur simultaneously.
��,",� Kimley-Horn
� and Associates, Inc.
Attachment B (Compensation)
Unif 1— Citywide Aquatic Facilities Master Plan
Basic Services
Task I Data Collection
Task II Goals/Objectives/Public Meetings
Task III Final Plan/Programs
Task IV Final Presentation
Sub Total (Basic Services)
Special Services
Printing (Reports)
Miscellaneous Expenses (Prints, Mileage, Delivery, Etc.)
Travel (Counsilman-Hunsaker)
Sub Total (Special Services)
Unit 2— Profotypical Splash / Spray Pad
Basic Services
Task A Coordination/Design Management
Task B Schematic Design
Task C Design Development
Task D Construction Documents
Task E Bidding Phase
Task F Construction Administration
Sub Total (Basic Services)
Special Services
Existing Conditions/Topographic Survey
Geotechnical RepordInvestigation
Specialty Pool Mechanical/Electrical
Miscellaneous Expenses
Sub Total (Special Services)
Total Compensation (Basic and Special Services)
November 16, 2006, Pg. 9
��2,250
$29,000
$32,750
$14,000
$108,000
$3,000
$4,500
$4,500
$12,000
�6,000
$8,400
$12,600
$12,600
$2,100
$6,300
$48,000
$6,000
$4,000
$30,000
$6,000
$46,000
$214,000
The Consultant shall submit monthly statements of basic and special services, based upon
the services completed at the time of billing.
ATTACHMENT B
November 16, 2006, Pg. 10
Additional Services
The following hourly rates, or a negotiated fee will be utilized as the basis for
additional services should they be authorized by the City:
Senior Associate / Principal
Analyst / Park Planner
Secretarial
$150 / Hour
$100 / Hour
$50 / Hour
The following additional site visit rates will be utilized as the basis for additional
site visits should they be authorized by the Client:
Senior Associate / Principal $1,500.00 / Day plus Travel Expenses
Analyst / Park Planner $1,000.00 / Day plus Travel Expenses
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
--�
COUNCIL ACTION: Approved on 1/9/2007 - Ordinance No. 17365-01-2007
DATE: Tuesday, January 09, 2007
LOG NAME: 80AMP SPRAY PAD REFERENCE NO.: C-21931
SUBJECT:
Authorize the Execution of a Contract to Kimley-Horn and Associates, Inc., to Evaluate City Aquatic
Facilities and Develop Citywide Aquatic Facilities Master Plan and Prototype Splash Pad Design
and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that City Council authorize the City Manager:
1. Authorize the City Manager to execute a professional services agreement with Kimley-Horn and
Associates, Inc. in the amount of $214,000.00 for the evaluation of City Aquatic Facilities, development of a
Citywide Aquatic Facilities Master Plan and the design and preparation of construction documents for a
prototypical splash pad; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$224,000.00 in the Park Gas Lease Projects Fund from the Gas Well Royalty Revenues.
DISCUSSION:
Currently, the Parks and Community Services Department (PACSD) operates and maintains seven (7)
pools throughout the City at the following park sites: Forest, Sylvania, Marine, Sycamore, Hillside, Como
and Kellis Parks.
On August 3, 2006 PACSD briefed the City Council on the state of the municipal pools. Staff recommended
closure of all pools, with the exception of Forest Park Pool, due to the increased costs incurred in the
operation and maintenance of antiquated facilities and growing competition from private subdivision amenity
centers and other providers of recreational aquatic facilities. Staff also made recommendations for aquatic
facility improvements and noted that current trends in municipal aquatic facility development indicate that
traditional pools are being replaced with splash pads. This trend is due to reduced construction, operation
maintenance costs incurred and the enhanced recreational aquatic value provided to the public.
As a result of this briefing, City Council directed PACSD to proceed with the recommendation to conduct an
aquatic master plan study and design of a prototype splash pad. Funding for the study and design of the
prototype was to come from gas lease revenue.
In Fall 2006, PACSD went through an RFP process and selected Kimley-Horn and Associates, Inc. to
provide professional services to include the development of a Citywide Aquatic Facilities Master Plan and
the design and preparation of construction documents for a prototypical splash pad which can be duplicated
throughout the City. Kimley-Horn and Associates, Inc. was selected due to their expertise in the municipal
aquatic facility industry. Staff considers the fee amount of $214,000 to be fair and reasonable for the scope
of services provided. The remaining $10,000 is to be used for project administration expenses.
M/WBE - Kimley-Horn and Associates, Inc. is in compliance with the City's M/WBE Ordinance by
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/5/2007
Page 2 of 2
Committing to 20% participation. The City's goal on this project is 20%.
The scope of this project is CITYWIDE.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be
available in the current capital budget, as appropriated, of the Park Gas Lease Project Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C282 541600 801929990100 $224,000.00 C282 446200 801929990100 $224,000.00
Submitted for City Manager's Office by•
Originating Department Head•
Additional Information Contact:
Libby Watson (6183)
Melody Mitchell (Acting) (5704)
Mike Ficke (5746)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/5/2007