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Contract 41149 (2)
CITY OF FORT WORTH, TEXAS `!`-allY SECRETARY tONTRACT NO, STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and Kimley-Horn and Associates, Inc., (the "ENGINEER"), for a PROJFCT generally described as: North Holly High Service Pump Station Discharge Pipe Replacement Project. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. lhe ENGINEER's compensation is set forth in Attachment E. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. I=nvoiee and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PPAO Official Release Date: 9.22.2010 Page 1 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B Standard of Care The 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner 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 the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 3 of 15 (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. 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. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, 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 accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth, Texas Standard Agreement for Engineer ng Related Design Services PMO Official Release Date: 9.22.2010 Page 4 of 15 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 Tess than three (3) years J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2 000,000.00 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella if any This insurance shall apply as primary insurance with respect to any other City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 5 of 15 insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii ENGINEER waives all rights against the CITY and its agents, officers directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary commercial umbrella liability insurance with a limit of not Tess than $1,000,000 each accident Such insurance shall cover liability arising out of ' any auto', including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. i ENGINEER waives all rights against the CITY and its agents, officers directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000 00 policy limit. i ENGINEER waives all rights against the CITY and its agents, officers directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 6 of 15 (2) GENERAL INSURANCE REQUIREMENTS a. 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. b. 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. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing if coverage is not provided on a first -dollar basis The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and at the CITY's discretion' the ENGINEER may be required to provide proof of insurance premium payments j• Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall City of Fort Worth, Texas Standard Agreement for Engineer ng Related Design Services PMO Official Release Date: 9.22.2010 Page 7 of 15 state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required at its own cost and expense. However, if design changes are required due to the City of Fort Worth, Texas Standard Agreement for Engineering Related Des gn Services PMO Official Release Date: 9.22.2010 Page 8 of 15 changes in the permitting authorities' published design criteria and/or practice standards cnteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities, and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches drawings specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 9 of 15 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 10 of 15 (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. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. 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 City of Fort Worth, Texas Standard Agreement fo Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 11 of 15 service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of the ENGINEER that prevent ENGINEER s performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated 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 in 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 electronic data files and other data storage supplies or services; The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEERs personnel and subcontractors, and ENGINEER's compensation will be made. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 12 of 15 F. Indemnification In accordance with Texas Local Government Code Section 271.904 the ENGINEER shall indemnify, hold harmless and defend the CITY against liability for any damage caused by or resulting from an act of negligence intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER s agent, consultant under contract, or another entity over which the ENGINEER exercises control 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. 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, o r unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had n ever been contained herein Articles V F., VI.B., VI D., VI.F., VI.H., and VI.I shall survive termination of this AGREEMENT for any cause. K. 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 e nactment. No plea of misunderstanding or ignorance thereof shall be City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 13 of 15 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 14 of 15 Article VII Attachments, Schedules, and Signatures This AGRI F MENT, 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 AGRFFMENT: Attachment A o Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map e�- `fgru. 2010. Executed this the t-=��� day o , ATTEST: ..,,,ugo.n.teseautoto CITY OF FORT WORTH #46C9j9t(i k, '5'Oo° a� Fad_ it/ / 0 . 411 P S A , a dr: , a Fernando Costa 0 al° d Assistant City Manager cos a 0 i4cp, 04 0Ili APPROVED AS TO FORM L' & ., APPROVAL RECOMMENDED' 41:trawito arty Hendrix City Secretary I I Assistant City Attorney a4U aN_=__tcar Contract Authorjzatior Glenn A. Gary, P.E. By: S. Frank Crumb Director, Water Departm KIMLEY-HORN AND ASSOCIATES, INC. 2 Date City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 15 of 15 Principal By: i OFFICIAL RECORD CITY SECRETARY VT WORTH, TX ATTACHMENT A Scope for Engineering Design Related Services for Water Improvements DESIGN SERVICES FOR N Rill HOLLY HIGH SERVICE PUMP STATION DISCHARGE PIPE REPLACEMENT PROJECT CITY PROS ECT NO.: The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of this project is to replace the existing discharge piping at the North Holly Water Treatment Plant High Service Pump Station. Sevr H components of the pipe have been in service since the original construction in 1892, and -nf the piping was constructed in the late 1940's and early 1950's. The majority of thr H cast iron with lead joints, is leaking and severely corroded in several locatio °A of the pipe is located within a concrete tunnel that has limited access' The initial phase is to remove the access tur east side of the pump station. The acces' gallery which improves access. The duel rt side of the pump station will be replaced with The single header could range from a 54-inch to a EA, the size. The 36-inch discharge header on the north side v.. gallery. The 30-inch pump discharge lines and valve located u .. also be replaced. lg the north and ,aced with a pipe 3-inch) on the east r number of valves. Aalysis will determine and placed in a pipe if the pump station will Additional phases include: Replacement of the 48-inch transmission line running east from the discharge header to the 36- inch and 48-inch lines in Fournier Street. Replacement of the 36-inch transmission line (which lies in a tunnel) from the discharge header to the new South Holly connection just south of Lancaster Avenue. The structural integrity will also be evaluated as part of this project. Replacement of the West Side Pump Station 36-inch transmission line from the discharge header to a connection point south of the Lancaster Avenue Bridge. Approximately 2,300 feet of 48-inch through 30" piping and 28 valves will be removed and replaced with approximately 2,000 feet of 60-inch through 30 and 17 valves. City of Fort Worth, Texas Attachment A FWWTR Release Date: 02.02.2010 Page 1 of 13 Task 1. Task 2. Task 3. Task 4. Task 5. Task 6. Task 7. WORK TO BE PERFORMED Design Management Conceptual Design Preliminary Design Final Design Bid Phase Services Survey Construction Phase Services TASK 1. DESIGN MANAGEMENT. Communications and Reporting A. Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives. B. Prepare twelve (12) invoices and submit monthly in the format requested by the CITY. C. Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document.. D. M/WBE Reporting: Complete twelve (12) Monthly M/WBE Report Form and 1 Final Summary Payment Report Form at the end of the project. Submit M/WBE Change form as necessary for any changes in M/WBE Status E. Complete twelve (12) monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. F. Deliverables 1. Monthly invoices 2. Monthly progress reports 3. Baseline design schedule 4. Monthly schedule updates with current or anticipated schedule changes 5. Monthly M/WBE report form and final summary payment report form TASK 2. CONCEPTUAL DESIGN (30 PERCENT). ENGINEER will develop the conceptual design as follows: 2.1. Data Collection A. In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with planned future improvements that The ENGINEER is made aware and may influence the project. ENGINEER will also identify and seek to obtain City of Fort Worth, Texas Attachment A PMO Release Date: 06.19.2010 Page 2 of 13 data for existing conditions that may impact the project including; franchise utilities, and City Master Plans 2.2. Subsurface Utility Engineering (SUE): A. The SUE shall be performed in accordance with Cl/ASCE 38-02. B. Four different levels of SUE are identified. The following is a description of each level of SUE used on this project. 1. Level D — Collect existing utility record information from CITY. Typical utilities included are: water, sanitary sewer, storm drainage, primary electric, telephone, fiber optic, and gas. 2. Level C — Field locate and obtain horizontal position of visible utility surface features for all of the utility systems described within Level D. 3. Level B — Indicate by marking with paint, the presence and approximate horizontal location of subsurface utilities using geophysical prospecting techniques, including electromagnetic sonic, and acoustical techniques. a. Approximately 2,000 feet of direct buried water line is identified for Level B location. b. Level A — Location (Test Hole) Services: Locating the horizontal and vertical position of the utility by excavating a test hole using vacuum excavation techniques and equipment. In performing locating (test hole) services ENGINEER will 1) Excavate twelve (12) test holes to expose the utility to be measured in such a manner that insures the safety of the excavation and the integrity of the utility to be measured. Excavations will be performed using specially developed vacuum excavation equipment that is non-destructive to existing facilities. If contaminated soils are discovered during the excavation process, the ENGINEER will notify the CITY. 2) Obtain three-dimensional information at each test hole. 3) Evaluate and compare Level A information with utility information described in utility records and resolve conflicts. 2.3. Geotechnical Investigations A. Perform a geotechnical analysis of the boring site utilizing a qualified geotechnical laboratory to determine subsurface conditions. Provide recommendations regarding foundation design parameters. The geotechnical analysis will include the following: 1. Subsurface exploration: a. Four (4) sample bores up to 60-ft deep along the pipe tunnel adjacent to the North Holly High Service Pump Station. b. Four (4) sample bores up to 20-ft deep along the existing 36-inch water line running to the West Side Pump Station and along the existing 48 inch water line running to the East Side Pump Station. 2. Laboratory tests for classification purposes and strength characteristics. a. Moisture content and soil identification b. Percent passing #200 sieve c Liquid and plastic limit determinations d. Unconfined compression tests on soil e. Unconfined compression tests on rock f. Unit weight determinations City of Fort Worth, Texas Attachment A PMO Release Date: 06.19.2010 Page 3 of 13 g. Absorption pressure and/or one -point pressure swell tests 3. 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. The report will address: a. General soil and ground water conditions 4. Comments on general soil and rock excavatability 5. Recommendations for foundation type, depth and allowable loading 6. Minimum penetration of piers to resist uplift 7. Foundation construction requirements 8. Recommendations for floor slab support, including an evaluation of the swell characteristics of the subgrade soils 9. Earthwork recommendations 2.4. Conceptual Analysis and Design Report A. The ENGINEER will prepare a conceptual design report which includes: 1. Assumptions: Based on the site visit with the CITY the conceptual design report will be based on the followings a. The existing tunnel (pump station tunnel) located along the north and east side of the North Holly Pump Station is considered to have reached it design life and will not be evaluated The pump station tunnel will be replaced with a pipe gallery with a grated opening. The existing piping and valves within pump station tunnel is considered to have reached its design life and will be replaced. d. The section of piping along the west side of the North Holly Pump Station will be designed replaced as part of another contract. 2. Evaluation/Analysis a. Structural evaluation of the existing piping tunnel from the drive south of the North Holly Pump Station south to the tunnels termination near Lancaster Avenue b. Hydraulic sizing of a single discharge header on the east side of the pump station that will replace the existing 36-inch and 42-inch parallel header. Evaluate the routing or pumping of storm water from the open pipe gallery to the existing storm water pump station system. d. Identify and provide recommendation for protecting electrical and telecommunication lines and equipment that conflict with the replacement of identified piping in and around the pump station. e. Develop a schedule for potential long lead time materials (such as large valves and custom manufactured pipe) that may drive the construction schedule. f. Develop conceptual construction sequencing plan based on long lead time materials and timing of other North and/or South Holly Treatment Plant improvements. 3. Conceptual Schematics: a. Cover page b. Overall plan view on survey base file c. Pipe gallery and typical piping cross section d. Pipe replacement in existing tunnel cross section City of Fort Worth, Texas Attachment A PMO Release Date: 06.19.2010 Page 4 of 13 e. Demolition layout of existing piping and structures adjacent to the high service pump station f. Structural evaluation and recommendation of existing pipe tunnel from the drive south of the pump station south to Lancaster Avenue. g. Conceptual Construction Phasing Plan h. Opinion of Probable Construction Cost (OPCC) 2.5. Conceptual Design Review Meeting A. The ENGINEER will prepare for and facilitate review meeting which includes: 1. One (1) review meeting with CITY to discuss conclusions and recommendation of the conceptual design report. 2. Prepare meeting notes summarizing the conclusions from the meeting. 2.6. Deliverables A. Five (5) copies of the Geotechnical Report. Report will be letter sized. B. Five (5) copies of the Conceptual Design Report. Report will be letter sized with 11"x17" size plan fold outs. TASK 3. PRELIMINARY DESIGN (60 PERCENT). Upon notification of approval of the conceptual design the ENGINEER shall proceed with the Preliminary Design which includes the following* ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Preliminary Design Drawings: A. Cover Sheet B. Overall Project Layout C. Project Control D. Demolition Plan E. Yard Piping Plan F. Pipe Gallery Plan, Section View and Cross Sections G. Pipe Tunnel Plan, Section View and Cross Sections H. Buried Pipe Plan and Profile I. Details 1. Pipe Connection Details (6 details) 2. Miscellaneous Water Details 3. Structural Details a. Excavation and shoring sections b. Tunnel demolitions sections and details c. Pipe gallery sections and details d. Pipe gallery access details e. Pipe gallery wall connection details City of Fort Worth, Texas Attachment A PMO Release Date: 06.19.2010 Page 5 of 13 f Valve vault details g. Typical structural details 3.2. Preliminary Specifications A. Special Materials 1. Pipe 2. Valves (gates and check) 3. Structural Concrete 4. Miscellaneous Metals (grating, access devices, stairs/ladders, railings) 5. Sump pumps 6. Lighting 3.3. Preliminary Design Review Meeting A. The ENGINEER will prepare for and facilitate review meeting which includes: 1. One (1) review meeting with CITY to discuss the preliminary design. 2. Prepare meeting notes summarizing the conclusions from the meeting. 3.4. Deliverables A. Five (5) copies of the Preliminary Design Drawings. Drawings will be 11"x17" size plans. B. Five (5) copies of Preliminary Specifications. Specifications will be letter size in Construction Standards Institute (CSI) format. C. Opinion of Probable Construction Cost (OPCC) 3.5. Utility Clearance A. The ENGINEER will deliver approved preliminary construction plans to the CITY's Utility Coordinator for forwarding to all utility companies which have facilities along Fournier Street. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL BID DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare final plans and specifications as follows: ENGINEER will develop the final design of the infrastructure as follows. 4.1. Final Design (90 Percent) Drawings: A. Cover Sheet B. Index Sheet C. General Notes Sheet D. Location Map and Reference Sheet E. Overall Project Layout F. Project Control City of Fort Worth, Texas Attachment A PMO Release Date: 06.19.2010 Page 6 of 13 G. Construction Sequencing Sheet H. Demolition Plan Sheets (3) I. Demolition Section and Details Sheet (4) J. Water Notes Sheet K. Water Yard Piping Plan L. Water Plan and Profile Sheets (7) M. Water Detail Sheets (7) N . Cathodic Protection Detail Sheets (4) O. Structural Notes Sheets (2) P . Excavation and Shoring Plan Sheets (2) Q. Excavation and Shoring Section Sheets (2) R. Pipe Gallery Foundation Plan Sheets (3) S . Pipe Gallery Support Plan Sheets (3) T. Pipe Gallery Section and Details Sheets (7) U . Pipe Gallery Access Platform Sheets (2) ✓ . Pipe Gallery Wall Connection Plan and Details Sheets (7) W. Structural Typical Detail Sheets (8) X. Pavement Details Sheets (2) Y Erosion Control Sheets (2) Z Traffic Control Plan and Detail Sheets (3) 4.2. Final (90 Percent) Specifications A. Front End Documentation 1. Notice to Bidders 2. Special Instructions to Bidders 3. Proposal 4. M/WBE Specifications 5. General Conditions 6. Supplementary Conditions B. Technical Specifications in accordance with Construction Standards Institute (CSI) divisions. (number of specifications per division) 1. Division 1 General Requirements (10) 2. Division 2 Existing Conditions (3) 3. Division 3 Concrete (4) 4. Division 5 Metals (4) 5. Division 7 Moisture Protection (3) City of Fort Worth, Texas Attachment A PMO Release Date: 06.19.2010 Page 7 of 13 6. Division 26 Electrical (6) 7. Division 31 Earthwork (6) 8. Division 32 Exterior Improvements (6) 9. Division 33 Utilities (6) 4.3. Final Design (90 Percent) Review Meeting A. The ENGINEER will prepare for and facilitate review meeting which includes: 1. One (1) review meeting with CITY to discuss the final design. 2. Prepare meeting notes summarizing the conclusions from the meeting. 4.4. Final Bid Documents A. Upon approval of the Final Design (90 Percent) plans and specifications, ENGINEER will prepare bidding document. Bidding documents will include plans and specifications signed and sealed by the ENGINEER licensed in the State of Texas. 4.5. Deliverables A. Final Plans and Specifications (90 Percent) 1. Five (5) copies of 11"x17' size Final (90 Percent) Plans. 2. Five (5) copies Final (90 Percent) Specifications. 3. Five (5) copies of Final (90 Percent) OPCC B. Bid Documents 1. Five (5) copies of 22'x34" size Bid (100 Percent) Plans. 2. Five (5) copies Bid (100 Percent) Specifications. 3. Five (5) copies of Final (100 Percent) OPCC 4. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES Once the Final Design has been approved by the CITY, the ENGINEER will proceed with advertising and bidding services. The following tasks will be performed as part of these services. ENGINEER will support the bid phase of the project as follows: 5.1. Advertisement A. Prepare thirty-five (35) sets of the bidding documents. If additional sets are required for issuance it will be considered additional services B. 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 bid documents to prospective contractors, suppliers and plan rooms. 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. C. Conduct a pre -bid conference to answer questions about the project. D. Provide support to CITY staff during the advertisement phase of the project, answer questions from bidders, issue interpretations of the contract documents and prepare City of Fort Worth, Texas Attachment A PMO Release Date: 06.19.2010 Page 8 of 13 necessary addenda for the project. Addenda will be reviewed and approved by the CITY prior to issuance. 5.2. Bidding A. 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 B. Incorporate all addenda into the contract documents and issue conformed sets. C. Prepare contract documents for execution by contractor, receive and review such documents for completeness and forward to the CITY for review and execution. 5.3. Deliverables A. Thirty five (35) sets of bid documents B. Addenda C. Bid tabulations D. Recommendation of award E. Twenty (20) sets of construction documents (conformed, if applicable) F. One (1) set of conformed mylar plans TASK 6. SURVEY ENGINEER will provide survey support as follows. 6.1. Design Survey A ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, location of buried utilities and utilities within tunnels, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. B. The minimum survey information to be provided on the plans shall include the following: 1. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1 400: 2. The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). City of Fort Worth, Texas Attachment A PMO Release Date: 06.19.2010 Page 9 of 13 3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. 4. No less than two horizontal bench marks, per line or location. 5. Bearings given on all proposed centerlines, or baselines 6. Station equations relating utilities to paving, when appropriate. TASK 7. CONSTRUCTION PHASE SERVICES ENGINEER will provide professional construction phase services for the purpose of providing assistance to CITY during construction. These services are as shown below. 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. 7.1. Pre -Construction Conference A. ENGINEER will attend a Pre -Construction Conference prior to commencement of work at the site. 7.2. Visits to Site and Observation of Construction A. Provide on -site construction observation and attend monthly on -site construction progress meetings. 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 12 months Additional site visits will be considered additional services. Observations will vary depending on the type of work being performed by the Contractors the location, and the Contractors schedules. B. Make visits to the site at intervals as directed by CITY in order to observe the progress of the work. Such visits and observations by ENGINEER are not intended to be exhaustive or to extend to every aspect of the 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 the ENGINEER's exercise of professional judgment. Based on information obtained during such visits and such observations, ENGINEER will determine if the Contractor's work is generally proceeding in accordance with the Contract Documents, and the ENGINEER will keep CITY informed of the general progress of the Work. C. The purpose of the ENGINEER's visits to the site will be to enable the ENGINEER to better carry out the duties and responsibilities assigned in this Agreement to the ENGINEER during the construction phase by the CITY, and, in addition, by the exercise of the ENGINEER's efforts, to provide the CITY a greater degree of confidence that the completed work will conform in general to the Contract Documents and that the integrity of the design concept of the completed project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by the Contractor. The ENGINEER will not, during such visits or as a result of such observations of the Contractor's work in progress, supervise, direct, or have control over the Contractor's work nor will the ENGINEER have authority over, or responsibility for, the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by the Contractor, for safety precautions and programs incident to the Contractor s work, nor for any failure of the Contractor to comply with laws and regulations applicable to the Contractor's City of Fort Worth, Texas Attachment A PMO Release Date: 06.19.2010 Page 10 of 13 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. 7.3. Recommendations with Respect to Defective Work A. The ENGINEER will recommend to the CITY that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, the ENGINEER believes that such work will not produce a completed project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed project as a functioning whole as indicated in the Contract Documents. 7.4. Clarifications and Interpretations A. The ENGINEER will issue necessary clarifications and interpretations of the Contract Documents to the CITY as appropriate to the orderly completion of the Contractor's work. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Field Orders authorizing variations from the requirements of the Contract Documents will be made by the CITY. 7.5. Shop Drawings and Samples A. The ENGINEER will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which the Contractor is required to submit but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed project as a functioning whole as indicated in the Contract Documents. Such review and approvals 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. 7.6. Substitutes and "or -equal" A. The ENGINEER will 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. 7.7. Limitation of Responsibilities A. The ENGINEER will 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. The ENGINEER will not have the authority or responsibility to stop the work of any Contractor. 7.8. Final Notice of Acceptability of the Work A. The 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 the ENGINEER may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment the ENGINEER will also provide a notice that the work is generally in accordance with the Contract Documents to the best of the ENGINEER's knowledge, information, and belief and City of Fort Worth, Texas Attachment A PMO Release Date: 06.19.2010 Page 11 of 13 based on the extent of the services provided by the ENGINEER under this Agreement and based upon information provided to the ENGINEER upon which it is entitled to rely. 7.9. Record Drawings A. The ENGINEER will prepare Record Drawings Record 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. B. The Record Drawings are not guaranteed to be "as built", but are based on the information made available. One (1) set of Record Drawings on mylar will be delivered to the CITY. 7.10. Deliverables A. Shop Drawing Response letters B. Request for Information (RFI) Response letters C. Final payment recommendation letter D. One (1) set of mylar record drawings ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services descnbed in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: A. Negotiation of easements or property acquisition including temporary right -of -entries. B. Services related to development of the CITY's project financing and/or budget. C. Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. D. Construction management and inspection services E Periodic site visits during construction phase F. Design phase public meetings G. Performance of materials testing or specialty testing services. H. Services necessary due to the default of the Contractor. I. Services related to damages caused by fire, flood, earthquake or other acts of God. J. Services related to warranty claims, enforcement and inspection after final completion. City of Fort Worth, Texas Attachment A PMo Release Date: 06.19.2010 Page 12 of 13 K. Services related to submitting for permits (ie.TxDOT, railroad, etc...) L. Services related to Survey Construction Staking M. Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right -of -entries. N. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. O. Construction Shop drawing review, samples and other submittals submitted by the contractor. P. Performance of miscellaneous and supplemental services related to the project as requested by the CITY City of Fort Worth, Texas Attachment A PMO Release Date: 06.19.2010 Page 13 of 13 ATTACHMENT B COMPENSATION Design Services for North holly Water Treatment Plant High Service Pump Station Discharge Piping and Valves Replacement City Project No. Time and Materials with Multiplier Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.25. Direct Salaries are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll - related taxes, payments, premiums, and benefits. ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer gross receipts, or other similar taxes. hi. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of five percent (5%) for survey and structural design and ten percent (10%) for all other services. iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount Prime Consultant Kimley-Horn and Associates, Inc. Task 1 Design Management $12,600 Task 2 Conceptual Design $22,200 Task 3 Preliminary Design $38,900 Task 4 Final Design $61,500 Task 5 Bid Phase Services $13,400 Task 6 Survey $2,000 Task 7 Construction Phase Services $44,400 Proposed M/WBE Sub -Consultants Jaster-Quintanilla, LLP Structural, Survey & Const $140,900 36% Gorrondana and Associates, Inc. SUE $16,000 4% Non-M/WBE Consultants CMJ Engineering, Inc. Geotechnical $12,400 Corrpro Companies, Inc. Cathodic Protection $6,000 McCreary and Associates, Inc. Electrical $9,000 TOTAL $390,685 100% Total Fee M/WBE Fee M/WBE % Project Number & Name $390,685 $156,900 40% North holly Water Treatment Plant High Service Pump Station Discharge Piping and Valves Replacement City M/WBE Goal = 17 % City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 3 of 4 Consultant Committed Goal = 40% B-3 1 flKimley-Horn and Associates, Inc. EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) CITY OF FORT WORTH ATTN: CHRIS P. HARDER, P.E. WATER DEPARTMENT 1511 11TH AVENUE FORT WORTH, TX 76102 Please send payments too KIMLEY-HORN AND ASSOCIATES, INC. P.O. BOX 951640 DALLAS, TX 75395-1640 Federal Tax Id: TIMEAW MATERIALS WITH MULTIPLIER KHA Ref # TASK BREAKDOWN: Invoice for Professional Services Invoice No: Invoice Date: Invoice Amount: Project No: Project Name: FW NORTH HOLLY HIGH SERVICE PUMP STATION DISCHARGE PIPE REPLACEMENT PROJECT Project Manager: GARY, GLENN Client Reference: For Services Rendered through: Description Contract Amount Previous Amount Billed Arrount Billed to Date Current Amount Due 12,600.00 0.00 0.00 0.00 TASK 1 - DESIGN MANAGEMENT 59,954.00 0.00 0.00 0.00 TASK 2 - CONCEPTURAL DESIGN TASK 3 - PRELIMINARY DESIGN 81,183.00 0.00 0.00 0.00 TASK 4 - FINAL DESIGN 127,334.00 0.00 0.00 0.00 TASK 5 - BID PHASE SERVICES 17,561.00 0.00 0.00 0.00 TASK 6 - SURVEY 21,845.00 0.00 0.00 0.00 TASK 7 - CONSTRUCTION PHASE SERVICES 70,308.00 0.00 0.00 0.00 Subtotal 390,785.00 0.00 0.00 0.00 0.00 Total TIME AND MATERIALS WITH MULTIPLIER CPMS BREAKDOWN: WORK PHASE Previous Billed Amount Current Amount Due Contract Amount Amount Billed to Date P265 531200 601530163133 390,685.00 0.00 0.00 0.00 390,685.00 0.00 0.00 0.00 CONTRACT AMOUNT Total Invoice: Additional labor and expense detail will be provided upon request by the City. City of Fort Worth, Texas Attaciiment B PMO Official Release Date: 5.19.2010 Page 4 of 4 B-4 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for North Holly High Service Pump Station Discharge Pipe Replacement Project City Project No. No modifications to the Standard Agreement were necessary for this project. City of Fort Worth, i'exas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 ATTACHMENT "D" SCHEDULE ENGINEER will endeavor to meet the CITY'S scheduling needs on this project. The schedule follows: City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 North Holly High Service Discharge Pipe Replacement Pump Station Project ID Task Name Duration Start Finish Predecessors 2011 2012 ovDecJanFe IMarAprMayJunJulAugseplOctNovDecJanFeb;Mar$AprMa�%JunJul 1 Notice to Proceed Concept Design 1 day 60 days Fri 11/19/10; Sat 11/20/10 Fri 11/19/10, Tue 1/18/11 ;_> 11/19 2 3 Data Collection 7 days Sat 11/20/10 Fri 11/26/10 1 4 Concept Analysis & Design Package 25 days Sat 11/27/10 Tue 12/21/10 3 5 Concept Design Report 17 days Wed 12/22/10 Fri 1/7/11 4 6 City Review 10 days Sat 1/8/11 Mon 1117/11 5 7 Review meeting 1 day Tue 1/18/11 Tue 1/18/11'6 +-1/18 8 Preliminary Design 45 days Wed 1/19/11 Fri 3/4/11 ' wM 9 SUE and Survey 10 days Wed 1/19/11 Fri 1/28/11 7 k 10 days Wed 1/19/11 Yir Fri 1/28/11 7 j 10 Geotechnical Investigations 11 60% Design City Review 30 days 10 days Sun 1/23/11 Tue 2/22/11 Mon 2/21/11 10FS-6 days Thu 3/3/11 11 , 12 Review meeting 1 day Fri 3/4/11 NO- Fri 3/4/11 12 4-3/4 13 I 14 Final Design 52 days Sat 3/5/11, Mon 4/25/11 `• ' "+ 15 90% Design 31 days, Sat 3/5/11 Mon 4/4/11 "13 16 City Review 5 days Tue 4/5/11 Sat 4/9/11 15 s� 17 100% Submittal 5 days Sun 4/10/11 Thu 4/14/11 16 18 City Review meeting 1 day Fri 4/15/11 Fri 4/15/11 17 4/15 19 Final Const Contract Docs 10 days Sat 4/16/11 Mon 4/25/11 18 20 Bid Services 51 days Tue 4/26/11, Wed 6/15/11 21 Advertisement 21 days Tue 4/26/11 Mon 5/16/11 19 22 Bid Opening 1 day Thu 5/26/11 Thu 5/26/11 21 FS+9 days 4 5/26 23 MWBE compliance 20 days Fri 5/27/11 Wed 6/15/11 22 24 Construction 353 days Thu 6/30/11. Sat 6/16/12 25 Council Award of Construction 1 day Thu 6/30/11 Thu 6/30/11 23 ® /30 26 Notice to Proceed 1 day Mon 8/1/11 Mon 8/1/11 25 ! ♦ 8/1 27 Shop Drawing Review 30 days Tue 8/2/11 Wed 8/31/11 26 I 28 Construction 300 days Tue 8/2/11 Sun 5/27/12 26 29 Cleanup & Record Drawings 20 days Mon 5/28/12 Sat 6/16/12,28 External Tasks ` . — Task 1 Milestone Project: Scehdule Date: Tue 11/2/10 Split External MileTask • Summary "' Split i Progress Project Page 1 ATTACHMENT "E" MAPSCO 76C SCALE 1"77= 150' 0 75 150 WEST L I LANCASTER AVENUE BRIDGE I 36" 36" VORTH HOLLY HIGH SERVICE PUMP STATION orlh Fat Lw o e ile SetC"mc$ Rd o Trmty, P. 9 Av nuns Terra BajfprSsnetcal.. Haapleltt{±. • Fat Wcnttl'' st 99 Hunter 'Plaza 19 287 4'ishrf-G� Ldrv,�sleiA A 287 W RoscAa.r S1 y WRosenaSE `mot £287 H E Ro Hat 28 G PROJECT LOCATION 36" 36" 42" t_ r WEST LANCASTER AVENUE 1 LEGEND REPLACEMENT LINES EXISTING LINES I!2ORTHR�.� pin_ Kimley-Horn • and Associates, Inc. ACOR®® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/1/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Ames and Gough 450 Northridge Parkway Suite 102 Atlanta GA 30350 INSURED Kimley-Horn and Associates, Inc. P.O Box 33068 Raleigh NC 27636 CONTACT JerryNoyola NAME y PHONE (770)552-4225 (A/C, No, Ext): ADDRESS:3noyola@amesgough. com FAX (A/C, No): PRODUCER 00001398 CUSTOMER ID #. INSURER(S) AFFORDING COVERAGE INSURERA:Travelers Indemnity Co. of CT INSURER B :Travelers Indemnity Company INSURER C :Travelers Property Casualty Co. INSURER D :Phoenix Insurance Company INSURER E : NAIC # INSURER F COVERAGES CERTIFICATE NUMBER:10-11 (Kimley Melanie) REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY (MM/DD/YYYY) EFF POLICY (MM/DD/YYYY) EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 11000,000 A CLAIMS -MADE l X I OCCUR 630-315X3476-TCT-10 9/1/2010 9/1/2011 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 11000,000 POLICY X JECOT X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X (Ea accident) ANY AUTO BODILY INJURY $ 810-171L6115-IND-10 9/1/2010 9/1/2011 (Per person) B ALL OWNED AUTOS BODILY INJURY $ (Per accident) SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON -OWNED AUTOS Underinsured motorist BI split $ Uninsured motorist property $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 5,000,000 DEDUCTIBLE $ C X RETENTION $ 10,000 CUP-171L6115-TIL-10 9/1/2010 9/1/2011 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X WC TORY STATU- LIMITS OTH- ER Y / N ECUTIVE E.L. EACH ACCIDENT $ 500,000 EXCLUDEDR/PARTNER/EX E(Mandatory N N/A 9/1/2010 9/1/2011 in NH) PNUB-836G878-3-10 E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: North Holly Water High Service Pump Station Discharge Pipe Replacement Project; John Atkins. The City of Fort Worth is Additional Insured the liability the named as an on above referenced policies with exception of workers compensation & professional liability. This insurance is primary & non-contributory where requried by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. CERTIFICATE HOLDER CANCELLATION City of Fort Worth Chris Harder 1511 llth Avenue Fort Worth, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Matias Ormaza/JOSH ACORD 25 (2009/09) INS025 (200909) 0 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A:® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/1/2010 PRODUCER (770) 552-4225 FAX: Ames and Gough 450 Northridge Parkway Suite 102 Atlanta GA 30350 THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Rimier Horn and Associates, Inc. P 0 Box 33068 Raleigh NC 27636 INSURER A Lexington Insurance Company INSURER B: INSURER C: INSURER D: 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 OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD'L) LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- TORY LIMITS ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If SPECIAL yes, describe PROVISIONS under below E.L. DISEASE - POLICY LIMIT $ OTHERprofessional A Liability 19273592 12/9/2009 12/9/2010 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: North Holly Water High Service Pump Station Discharge Pipe Replacement Project; John Atkins. Retroactive Date: 02/10/1967. CERTIFICATE HOLDER CANCELLATION City of Fort Worth Chris Harder 1511 llth Avenue Fort Worth, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 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. AUTHORIZED REPRESENTATIVE Matias Ormaza/NOYOLA ACORD 25 (2009/01) INS025 (200901) 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized 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 (2009/01) INS025 (200901) Policy Number:630-315X3476-TCT-10 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ® WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage' or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract requiring insurance' applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that ' written contract requiring insurance" This endorsement shall not increase the limits of insurance described in Section 111 — Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to 'bodily in- jury' or "property damage' caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance' specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- CG D4 14 04 08 plies only to such "bodily injury" or "property damage' that occurs before the end of the pe- nod of time for which the "written contract re- quiring insurance requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess contingent or on any other basis that is available to the addi- tional insured for a Toss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this.insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 1. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured. a. The additional insured must give us written notice as soon as practicable of an ' occur- rence" or an offense which may result in a claim. To the extent possible, such notice ( should include: © 2008 The Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or 'suit" and the date received; and H. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c, The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the 'suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim. or 'suit" to 101 somonomme 0 0 0— m O 2118810001101 0 UillOMINNOM• any provider of other insurance which would cover the additional insured for a loss we cover. However this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: 'Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the ' bodily injury" and "property damage" occurs and the 'personal in- jury' is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 O 2008 The Travelers Companies, Inc. CG D4 14 04 08 006459 M&C Review Page 1 of 2 DATE: CODE: SUBJECT: Official site of the City of Fort Worth, Texas FLIRT WORTH COUNCIL ACTION: Approved on 11/16/2010 11/16/2010 REFERENCE NO.: C TYPE: **C-24602 LOG NAME PUBLIC CONSENT HEARING: NO 60N HOLLY PIPE REPLACEMENT Authorize an Engineering Agreement in the Amount of $390,685.00 with Kimley Horn and Associates, Inc , for the North Holly High Service Pump Station Discharge Pipe Replacement Project RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Kimley Horn and Associates, Inc., in the amount of $390,685.00 for the North Holly High Service Pump Station Discharge Pipe Replacement Project. DISCUSSION: The North Holly High Service Pump Station was constructed in 1892 while the North Holly Water Treatment Plant was constructed in 1912. Since that time, numerous expansions, rehabilitations, and improvements have been made to the treatment, pumping, and piping facilities at North Holly. The majority of the existing discharge pipe at the North Holly High Service Pump Station was installed in the 1940s. A portion of the discharge pipe is buried and a portion is located in underground reinforced concrete tunnels, constructed in the 1930's. During the summer months, pressures in these pipelines range from 95 to 105 psi. With pressures this high, a significant leak or pipe break would result in significant damage to the facilities. On June 19, 2007, (M&C C-22199) City Council authorized the execution of an engineering agreement for the North and South Holly Water Treatment Plant Condition Assessment. This assessment recommended replacement of the discharge piping due to the age, condition, the difficulty in making repairs, and the consequences should a break occur The scope of work for the North Holly High Service Pump Station Discharge Pipe Replacement Project consists of the development of plans and specifications for the replacement of existing pipe, valves and fittings. In addition, the engineering agreement includes demolition and abandonment of a portion of the underground tunnels to be replaced with a new pipe chase. Kimley Horn and Associates, Inc., is in compliance with the City s M/WBE Ordinance by committing to 40 percent M/WBE participation. The City's goal on this project is 17 percent. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P265 531200 601530163133 $390,685.00 Submitted for City Manager's Office by: Fernando Costa (6122) http://apps. cfwnet. org/council_packet/mc_review. asp?ID=1 43 04&councildate=1 1/16/2010 11/17/2010 M&C Review Page 2 of 2 OcC .inating Department Head: S. Frank Crumb (8207) Additional Information Contact: Chris Harder (8293) ATTACHMENTS site_map NH_pipe replacement.pdf http://apps.cfwnet.org/council packet/mc_review.asp?ID=14304&councildate=11/16/2010 11/17/2010