HomeMy WebLinkAboutContract 41952 (2)CITY SECRETAkY
CONTRACT
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CITY OF FORT WORTH, TEXAS F
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 PROJECT generally described
as: Design Services for Roadway Street Light Design for the Historic Carver Heights
Neighborhood.
Article I
Scope of Services
A. The Scope of Sorvices is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, 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 pefformed 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 within6.®; ysr , hj: ount due, the ENGINEER may, after giving
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City of Fort Worth, Texas
Standard Agreement for Engineering Related esig it$ Maik ilf►ETARY
PMO Official Release Date: 9.22.2010
Page 1 of 15
FT. WORTH, TX
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B Standard of Care
The 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
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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
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(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 matenally affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs financial aspects economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects, that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work,
materials, or equipment has passed to the CITY free and clear of liens, claims,
security interests, or encumbrances; or that there are not other matters at issue
between the CITY and the construction contractor that affect the amount that
should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and fumished 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
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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 appropnate 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 Tess 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
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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 less
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.
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(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
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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.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
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 critena 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
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changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY s facilities as may be required in connection with
the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER% 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
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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
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
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PMO Official Release Date: 9.22.2010
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(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
CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B Reuse of Project Documents
All designs, drawings specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
City of Fort Worth, Texas
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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;
co)
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
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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 govem 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,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F VI B VI D , VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
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
enactment. 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 V00
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A Scope of Services
Attachment B — Compensation
Attachment C v Amendments to Standard Agreement for Engineering Services
Attachment D s Project Schedule
Attachment L o Location Map
Attachment F- Additional Contract Provisions
Executed this the day of J UL.2011.
ATTI ;ST:
aHendrix
ity Secretary
APPROVED AS TO FORM AID.,
B
Assistant City Attorney-
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Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 15 of 15
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Assistant City Manager
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Jesus "Jay" Chapa
Director, Housing and Economic
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Kimley-Hom and Associates, Inc.
Glenn Gary, P.E.
Senior Vice President
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ATTACHMENT "A"
Scope for Engineering Design (Plans, Specifications, and Estimates) Related Services for
Roadway Street Light Design in the Historic Carver Heights Neighborhood.
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
Design roadway street Tight plan set for the Historic Carver Heights Neighborhood including
specifications and estimates according to AASHTO Roadway Lighting design standards and
the City of Fort Worth Street Light and Traffic Signal policies. The Historic Carver Heights is
defined as the area bounded by Plaza, Ransom, Flemming, Cass, Ramey Lucas, Vell and
Cravens and is shown in the attached exhibit. This project does not include lighting for
Cravens or Ramey. The project will be divided into two (2) design areas. The first design
area includes Maceo and all roads to the north (Phase 1). The second design area includes
project roadways south of Maceo (Phase 2). The street light design should include, but is
not limited to the following:
WORK TO BE PERFORMED
The Engineer will perform the following tasks.
Task 1. Project Management
Task 2. Base Map Preparation
Task 3. Concept Design Meeting
Task 4. Lighting Analysis and Calculations
Task 5. Electrical Design
Task 6. Plans, Specifications, and Estimate (PS&E) Preparation
Task 7. Stakeholders/Public Meeting
Task 8. Construction Engineering Assistance — Phase I
TASK 1. PROJECT MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources. ENGINEER will manage change,
communicate effectively coordinate internally and externally as needed and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team — The ENGINEER will perform the following tasks to manage
the team.
•
•
•
•
Lead, manage and direct design team activities
Ensure quality control is practiced in performance of the work
Communicate internally among team members
Task and allocate team resources
ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 1 OF 9
1.2. Communications and Reporting
• The ENGINEER will attend a kickoff and chartering meeting with CITY staff to
confirm and clarify scope, understand :ITY objectives, and ensure economical
and functional designs that meet CITY requirements.
• The ENGINEER will prepare for and attend a kickoff meeting with the CITY and
neighborhood association to clarify scope and gain an understanding on the
current neighborhood lighting issues.
• Conduct and document weekly design team meetings
• Prepare invoices and submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the
respective CITY Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule
updates with a schedule narrative monthly, as required in Attachment D to this
Standard Agreement and according to the City of Fort Worth's Schedule Guidance
Document.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report Form
at the end of the project
• Coordinate with other agencies and entities (i.e. utility companies) as necessary for
the design of the proposed infrastructure, and provide and obtain information needed
to prepare the design
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs ENGINEER shall work with regulatory
authorities to obtain approval of the designs and make changes necessary to meet
their requirements, as part of the design scope.
DELIVERABLES
A. Meeting summaries with action items shall be prepared for all meetings with
CITY staff
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly M/WBE Report Form and Final Summary Payment Report Form
ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 2 OF 9
TASK 2. Land Surveying Field Visit, and Base Map Preparation
•
Land Surveying - The following itemized surveying services will be along Plaza,
Ransom, Truman, Flemming, Cass, Vell, Lucas, Rickenbacker, McEwing, Maceo,
Eisenhower, Reginald, Bunch, and Ellington:
o Research property owners per TAD and obtain copies of subdivision plats.
o Locate enough property corners to establish property lines and existing right-of-
way lines Prepare a property map of the existing right-of-way showing Tots
n umbers and tax ownership information of the parcels of land affected by the
project Deliverables include a property map to overlay onto the topographic
survey prepared in a CADD file.
o The horizontal control shall be NAD83, North Central Zone.
o Provide a topographic survey of the proposed lighting project with the limits
identified above (being approximately 20,020 linear feet). The topographic survey
shall be from back of curb to right-of-way line on each side of the roadway. The
topographic survey shall include, but not limited to, locating all existing features
such as water valves, water meters back of curb, asphalt, sidewalks, fences,
driveways, storm & sewer manholes, inlets, trees 6" and larger, power poles,
mailboxes, signs, telephone risers and other visible features.
The Engineer will perform the following tasks to prepare base maps for the entire study
area
• Obtain as -built plans, ROW information, and 2009 aerial maps (including
planimetrics, etc ) from the City.
• Obtain CAD standards from the CITY and setup file structure and CAD
e nvironment.
• Utilize the survey information (identified above) and aerial maps to prepare
preliminary base maps Incorporate ROW and utility information
Contact utility companies in the area to locate existing utilities.
•
• Conduct field visit of the area to verify information on the base maps and to
photograph key features of all streets in the study area The following items will
be noted on the aerial maps:
o Proximity of retail establishments;
o Proximity of recreational facilities;
o Existing lighting pattern in the area including pole spacing and pole
location (street corners only or continuous, etc.); and
o Existing sidewalk and ramp locations as well as existing landscaping near
the street that may impact lighting.
• Incorporate field notes into the base maps and finalize base maps.
ATTACHMENT °A' TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 3 OF 9
ASSUMPTIONS
• Survey will be performed for all project streets identified above.
DELIVERABLES
A. CADD file showing all of the features located. Provide copies of the survey field
notes, a hardcopy of the coordinates, and an ASCII file of the coordinates for the
points located.
Task 3. Concept Design Meeting
After completing field visit and review of existing conditions and volumes, ENGINEER will
prepare for and conduct a concept design meeting with the CITY staff to establish
illumination design criteria for the project. This project will follow AASHTO requirements.
The Engineer will review the following items and present their evaluation during the
meeting.
• Review AASHTO Design Standards as they relate to roadways. Based on
discussions with the CITY staff, light level requirements for different streets will be
established.
• Recommendations for Lamp Lumen Depreciation (LLD) and Luminaire Dirt
Depreciation (LDD) factors.
• Confirm CITY's preference for poles and fixtures and identify pole heights.
• Review CITY's electrical system requirements including service voltage (240/480),
services type (pedestal mount, overhead etc.), voltage drop allowance, and
maintenance preferences. In addition, local utility provider contact information will
be obtained from the City and utility coordination protocol will be established.
• Identify design challenges such as street layouts, landscaping, adjacent
development, etc. that will impact light patterns
ASSUMPTIONS
• CITY standards for electrical service requirements are available.
• Photometric analysis will be completed for all project area roadways.
• No pedestrian lighting analysis will be completed due to the lack of existing
sidewalks
DELIVERABLES
A. Meeting minutes.
TASK 4. LIGHTING ANALYSIS AND CALCULATIONS — PHOTOMETRIC PLAN
The ENGINEER will perform Tight level calculations using AGI32 or similar lighting
calculation program to determine optimum pole spacing with respect to maintaining
required average light levels, and uniformity ratios and minimizing glare and light
ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 4 OF 9
pollution. As part of the Tight level calculations, the ENGINEER will consider the following
Items.
• Ballast type and rating — Voltage drop affects Tight output differently for various
ballast types
• Use of maintenance factors for specific conditions of the project.
• Lamp Lumen Depreciation (LLD); Degree of Luminaire Dirt Depreciation (LDD)
The ENGINEER will submit photometric plans showing light levels for both Phases. The
ENGINEER will meet with the CITY to discuss photometric plans and to finalize light level
requirements.
ASSUMPTIONS
• The ENGINEER will make up to one (1) photometric revision based on City or public
comments. Additional revisions to the photometrics will be considered an additional
service.
• The fixture type, pole, LLF, and LLD identified in Task 3 will be the basis for the
photometric design.
• The ENGINEER shall submit three paper copies (11" x 17") and one PDF copy of the
photometric plans for review by the City.
•
The ENGINEER shall meet once with the CITY to review their comments. Following
the meeting, the ENGINEER shall incorporate CITY's comments and submit final
photometric plans.
• The lighting fixture manufacturer will provide the fixture IES file to be used in the
photometric analysis.
DELIVERABLES
A. Preliminary and Final photometric plans at 1" = 40' scale (3 — 11" x 17" and one
PDF).
TASK 5. ELECTRICAL DESIGN
•
The ENGINEER shall coordinate electrical service locations with the utility
companies and/or the CITY in the area.
• The ENGINEER shall perform all necessary electrical service calculations, circuit
designs, and voltage drop calculations.
• The ENGINEER shall submit all electrical calculations spreadsheets to the CITY for
review.
• The ENGINEER shall submit electrical service calculations and circuit designs to
utility companies for approval.
ATTACHMENT 'A' TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 5 OF 9
ASSUMPTIONS
• The ENGINEER will follow guidance found in the National Electric Code (NEC)
regarding allowable voltage loss.
DELIVERABLES
A. Preliminary and Final electrical design calculations (Excel spreadsheet).
TASK 6. PS&E REPARATION
ENGINEER will prepare and submit 90% and 100% plans (scale of 1" = 40'), specifications,
and estimates (PS&E) for each phase (Total — 2 Phases) as follows:
The PS&E shall include the following:
• Title Sheet
• Estimate Summary Sheet
• General Notes Sheet
• Existing Conditions Layout showing utility lines, illumination, traffic signal
equipment, critical signs and markings, and any removals (if necessary).
• Illumination Layout showing existing utilities (utility poles street lights, storm
drains, fire hydrants, etc.), proposed illumination poles and fixtures, conduit, ground
boxes, power sources with distribution to service electrical service, conduit and
cable chart, pole location chart and all other items required for the complete
construction of the roadway lighting.
• Street Lighting Standard Detail Sheets
•
•
Technical Specifications data including illumination fixture specifications
Preliminary Opinion of Probable Construction Cost
ASSUMPTIONS
• The PS&E shall be prepared in accordance with the applicable requirements for
CITY plans, details, specifications, standards, and manuals.
• The ENGINEER will review the general notes, street lighting specifications and
standard general provisions supplied by the CITY for applicability and modify (if
necessary). The ENGINEER will identify any design exceptions to CITY Standards
in the 90% design phase.
• Existing street lighting specifications and standards furnished by the CITY will be
used for design plans, unless otherwise requested by the CITY in writing.
These include:
ATTACHMENT °A' TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 6 OF 9
Example plan set illustrating desired format for each type of plan sheet to be
developed by the Engineer.
Example City standard street lighting construction details, specifications, and
Contract Documents
• No pole or mast arm structural design is included.
• For both Phases of the project, survey data collected by the ENGINEER will be
utilized as the base files for design.
• The plans, standards and any special specifications will be prepared using English
units.
•
All CAD standards and level symbology will follow CITY requirements.
• THE ENGINEER will field locate each pole after preliminary pole locations have been
identified and meet with the CITY in the field to ensure constructability of the design
and resolve issues at critical locations.
• The ENGINEER will incorporate review comments and submit 90% PS&E to the
CITY (1 — PDF electronic copy submitted through Buzzsaw; up to 2 —11" x 17" paper
copies).
• The ENIGINEER will meet with the Tight fixture manufacturer to review 90% PS&E to
ensure the plans meet the specifications and constructability of the specific fixtures
selected for the project
• The ENGINEER will prepare for and attend one (1) meeting with the CITY to review
and reach concurrence regarding the 90% PS&E review comments.
• The ENGINEER will incorporate review comments and submit FINAL (100%) PS&E
(1 — PDF electronic copy, 3 — 11' x 17" paper copies).
• The ENGINEER will prepare and submit the quantity estimates and engineer's
opinion of probable construction cost spreadsheets prepared in Microsoft Excel for
each phase
• The ENGINEER will not prepare bid documents for bidding since a Contractor is
currently under contract with the CITY.
• The ENGINEER will provide the CITY a CD of the electronic CADD illumination
design files, quantity estimates, illumination fixture specifications, and engineer's
opinion of probable construction costs for each phase.
DELIVERABLES
A. 90% PS&E
B. 100% PS&E
ATTACHMENT °A° TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 7 OF 9
C. CD of the electronic CADD illumination design plans, quantity estimates, and
engineer's opinion of probably construction costs for each phase.
Task 7. STAKEHOLDERS/PUBLIC MEETING
• The ENGINEER shall prepare for and attend a total of two (2) stakeholders meeting.
One after the preliminary photometrics are submitted to the City and one after 90%
PS&E are completed.
ASSUMPTIONS
• The ENGINEER will prepare a power point presentation, if necessary, and provide
necessary plan sheets for the meeting.
• If large presentation boards or other material is required, the CITY will provide that
material for the meeting.
• The CITY will notify the stakeholders/public of the meeting.
• The CITY will compile the input received from the public during these meetings and
provide to the ENGINEER.
Task 8. CONSTRUCTION ENGINEERING ASSISTANCE
Construction engineering assistance services for Phase I (only) shall include:
• The ENGINEER will prepare for and conduct a Pre -Construction Conference prior to
commencement of work at the project intersections.
The ENGINEER shall visit the project site at monthly intervals as construction
proceeds to observe and report on progress. It is anticipated that construction will
last up to four (4) months.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents review change orders, and make
recommendations as to the acceptability of the work.
• The ENGINEER shall attend the ` Final" project inspection and assist with preparation
of final punch list.
The ENGINEER will prepare record drawings following the completion of the
construction of both Phases based upon information provided by the Contractor
and/or CITY (1 — PDF electronic copy and 1 — CADD file; 1 — 11" x 17" mylar; 3 — 11"
x 17" paper copies).
•
•
DELIVERABLES
A. Review of Change Orders
B. Final Punch List items
C. Record Drawings
ATTACHMENT °A' TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 8 OF 9
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services described in
the tasks above. However, ENGINEER can provide these services if needed, upon the
CITY's written request. Any additional amounts paid to the ENGINEER as a result of any
material change to the Scope of the Project shall be agreed upon in writing by both parties
before the services are performed These additional services include the following:
•
.
•
.
•
•
Negotiation of easements/ROW or property acquisition.
Services related to development of the CITY's project financing and/or budget.
Construction management and inspection services
Performance of materials testing or specialty testing services.
Services necessary due to the default of the Contractor.
Services related to damages caused by fire, flood, earthquake or other acts of God.
Services related to warranty claims, enforcement and inspection after final
completion.
Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
ATTACHMENT °A' TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 9 OF 9
ATTACHMENT B
COMPENSATION
Design Services for
Roadway Street Light Design for the Historic Carver Heights Neighborhood
City Project No. CDBGSL-003
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $200,000 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
B The ENGINEER shall be paid monthly payments as described in Section II Method of Payment.
II. Method of Payment
Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department, Traffic Services Division, monthly
progress reports and schedules in the format required by the City.
City of Fort Worth, Texas
Attachment E
PMO Official Release Date: 5.19.2010
Page 1 of 3
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm
Primary
Fee Amount
Responsibility
Prime
Consultant
Kimley-Horn
Associates,
Inc.
and
Street
Light
Design
$156,600
78.3%
M/WBE
Sub
-Consultants
Proposed
Gorrondona
Associates,
Inc.
&
Topographic
survey
$43,400
21.7%
Non-M/WBE
Consultants
TOTAL
$200,000
100%
Project
Number
&
Name
M/WBE
Fee
M/WBE
Total Fee
$200,000
I
$43,400
21.7%
City M/WBE Goal = 15%
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 2 of 3
Consultant Committed Goal = 21%
B-2
EXHIBIT ` B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
•
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 3 of 3
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Roadway Street Light Design for the Historic Carver Heights Neighborhood
City Project No. CDBGSL-003
There are no changes to the Standard Agreement.
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
Consulting Contract Schedule Specifications
City of Fort Worth Capital Improvement Program
FORT WORTH
Attachment D - Project Schedule
This PROTECT requires a Tier 3 schedule as defined herein and in the City's Schedule Guidance
Document.
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described m this
specification, showing by Critical Path Method (CPM) the planned sequence and timing of
the Work associated with the Agreement. All submittals shall be submitted in PDF format,
and schedule files shall also be submitted in native file format (i.e. file formats associated
with the scheduling software). The approved scheduling software systems for creating the
schedule files are:
Primavera (Version 6.1 or later or approved by CITY)
Primavera Contractor (Version 6.1 or later or approved by CITY)
Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING OUT)
D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed the
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT's understanding of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments, if
any, and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to in preparing the baseline schedule, and as
described in further detail in the CITY's Schedule Guidance Document
a. The scope shall be subdivided by work breakdown structure (WBS) representing the
tasks, subtasks and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities, key milestones, and
dependencies/relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points including third party utility dependencies and reviewing agencies.
D3. PROGRESS CONSULTING SERVICES SCHEDULE' The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses,
the CONSULTANT shall enter into the schedule and record actual progress as described in
the CII'Y's Schedule Guidance Document.
The updated schedule submittal shall also include a concise schedule narrative that
highlights the following, if appropriate and applicable:
• Changes in the critical path,
• Expected schedule changes,
• Potential delays,
• Opportumties to expedite the schedule,
• Coordination issues the CITY should be aware of or can assist with,
City of Fort Worth, Texas
Attachment D
PMO Release Date: 02.15.2011
Page 1 of 2
• Other schedule -related issues that the CONSULTANT wishes to communicate to the
CITY.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CITY's current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D CONSULTANT's monthly invoices will not be accepted and
processed for payment without monthly schedule updates that are submitted in the time
and manner required by Attachment D and the CITY's current Schedule Guidance
Document.
City of Fort Worth, Texas
Attachment D
PMO Release Date: 02.15.2011
Page 2 of 2
ATTACHMENT "F"
Additional Contract Provisions
Historic Carver Heights Street Light Project
Under the provisions of 24 CFR 85, certain provisions are required for all contracts using
grant funds provided by the U S Department of Housing and Urban Development. In
addition, these provisions are incorporated into this contract to address certain
contingencies which may arise under the course of work for this contract. Contractor
understands and agrees that federal agencies funding the work under this contract, in
whole or in part, as well as federal regulatory agencies and the congress are permitted to
require changes, remedies, changes conditions, access and records retention, suspension
of work, and other clauses approved by the Office of Federal Procurement Policy.
1. Upon identification of possible breaches of contract, and prior to exercising its
termination rights under this Contract, City may elect to exercise any of the following
administrative remedies:
a. issuance of warning letter indicating that further failure to comply with
applicable requirements will result in serious sanction and giving
Contractor a limited time to correct the deficiency;
b. placing conditions upon award of future grants;
c. directing Contractor to stop incurring costs until the deficiency is corrected
and the correction is verified
e.
requiring repayment of previously reimbursed grant funds; or
reducing the amount of pending grant awards or disallowing future
awards to Contractor
The City's election to exercise any, all, or none of the aforementioned administrative
remedies does not act as a waiver of any of City's other rights or remedies under
the law or this Contract for the enforcement of this Contract or the recovery of any
damages relating to Contractor's actions or inactions relating to the Program, CDBG
funds, and/or this Contract.
2. In addition to, and not in substitution for, other provisions of this Contract regarding
the provisions with CDBG funds it is expressly understood and agreed by and
between the Parties that this Contract is wholly conditioned upon the actual receipt
by City of CDBG funds; that all monies distributed to Contractor hereunder shall be
exclusively from Federal monies received under said grant and not from any other
monies of City and that if such funds under City's grant are not timely forthcoming,
in whole or in part, City may, at its sole discretion, terminate this Contract and City
shall not be liable for payment for any work or services performed by Contractor
under or in connection with this Contract.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 1 of 3
3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity", as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter
60). (All construction contracts awarded in excess of $10,000 by grantees and their
contractors or subgrantees)
4. For contracts and subgrants for construction or repair, Copeland "Anti -Kickback" Act
(18 U.S.C. 874) as supplemented in 29 CFR Part 3
5. For construction contracts in excess of $2,000 awarded by Contractor when
required by Federal grant program legislation, Davis -Bacon Act (40 U.S.C. 276a to
276a-7) as supplemented in 29 CFR Part 5
6. For construction contracts awarded by Contractor in excess of $2 000, and in
excess of $2,500 for other contracts which involve the employment of mechanics or
laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327A 330) as supplemented by 29 CFR Part 5.
7. All information and data arising from the work performed under this contract shall be
the property of the City of Fort Worth and may be subject to disclosure to third
parties and additionally may be subject to release to the public under the provisions
of the Texas Open Records Act. Contractor shall release and provide to the city or
its authorized designee all information and data related to performance of work
under this contract. Contractor shall not limit or attempt to limit access to
information or data by the city nor shall contractor obtain or attempt to obtain a
copyright to such information or data. Contractor understands and agrees that data
may be released to third parties, including but not limited to the federal Department
of Housing and Urban Development at the sole discretion of the city.
8. In the event a patentable invention is created as part of this Contract and a patent is
obtained, Contractor shall notify City of the patent and the patent shall, at the sole
discretion of the city, be assigned to city upon demand The city retains all rights to
intellectual property developed in the course of work of this contract.
9. In the event any copyright arises with respect to any data or other copyrightable
work developed in the course of or under this Contract, Contractor shall notify City
of the copyright and the copyright shall, at the sole discretion of the city, be
assigned to city upon demand
10. City, HUD, and the United States Comptroller General, or their respective
representatives, shall have access for four (4) years following the termination of this
Contract to any books, documents records and papers relating to the operations of
Contractor under this Contract for the purpose of audit, examination, exception and
transcription at all of Contractor's offices at all reasonable hours. This provision
shall survive the termination or expiration of this Contract.
11.AII records pertaining to Contract, including but not limited to any books,
documents, and papers, shall be retained for four (4) years following the termination
of this Contract. Contractor may destroy Program records at the end of this four (4)
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 2 of 3
year period if no outstanding audit finding exists. This provision shall survive the
termination or expiration of this Contract.
12.The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of
1977, as amended (33 US 1251 et seq.) and the related EPA regulations at 40 CFR
Part 15 as amended from time to time, and Executive Order 11738. In no event
shall any amount of the assistance provided under this Contract be utilized with
respect to a facility that has given rise to a conviction under the Clean Air Act or the
Clean Water Act.
13. Mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Action (Pub. L. 94A 163, 89 Stat. 871), (53 FR 8068, 8087, Mar.
11, 1988, as amended at 60 FR 19639, 19642, Apr 19, 1995).
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 3 of 3
. wl&C - Council Agenda Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/14/2011
DATE Tuesday, June 14, 2011 REFERENCE NO.: G-17305
LOG NAME: 17BUDGETAMEND HCH 418219.65
S UBJECT:
Authorize Change in Use and Expenditure of $418,219.65 in Community Development Block Grant Funds
for the Historic Carver Heights Street Lights Project, Authorize an Engineering Design Agreement with
Kimley-Horn and Associates Inc. for $200,000 00 for the Preparation of Construction Plans, Specifications,
and Estimates Related to Roadway and Pedestrian Street Light Installation of the Historic Carver Heights
S treet Light Project, and Authorize a Substantial Amendment to the City's 2006-2007 Action Plan
(COUNCIL DISTRICT 5)
RECOMMENDATION
It is recommended that the City Council:
1. Authorize a Substantial Amendment to the City's 2006-2007 Action Plan;
2. Authorize the Change in Use and Expenditure of $418,219.65 in Community Development Block Grant
funds for the project known as the Historic Carver Heights Street Light Project; and
3. Authorize the City Manager, or his designee, to execute an engineering design agreement with Kimley-
Horn and Associates, Inc. for $200,000.00 for the preparation of construction plans, specifications, and
estimates related to roadway and pedestrian street light installation of the Historic Carver Heights Street
Light Project.
DISCUSSION:
The Historic Carver Heights Neighborhood Association, as part of its neighborhood revitalization strategy,
proposed the use of Community Development Block Grant (CDBG) funds to install period street lights to
improve visibility and increase safety. Preliminary pricing for the street light project determines that
additional funding will be required At the request of the Historic Carver Heights Neighborhood
Association (HCHNA), the Model Block budget will be amended to move funds in the amount of
$418,219.65 from the Minor Home Repair Program CDBG-funded Home Improvement Program, Entry
Markers Sign Toppers, and Marketing of Rehabilitation Programs for the purchase and installation of
street lights for the Historic Carver Heights Street Lights Project (Project). The original budget for the
P roject was $105 600.00. If the City Council approves moving funds from the listed activities, the revised
P roject budget will be $523,819.65.
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After Amendments
Current
Balance
Model Block Activities
CDBG-Funded
Activities
$258,400.00
$0
Home
Improvement
Program
$122,013.10
$0
Minor
Home
Repair
Program
$31,000.00
$0
Entry
Markers
Sign
Toppers
$3,340.00
$0
$3,466.55
$0
Rehabilitation
Program
Marketing
$105,600.00
$5231819.65
Period
Street
Light
Project
$523,819.65
$523,819.65
SUBTOTAL
HOME
-Funded
Activities*
$563,684.00
$563,684.00
i
Home
Improvement
Program
$1,087,503.65
PROJECT
TOTAL
*In order to complete the Project and allow Historic Carver Heights to expend all funds budgeted to the
Model Block program Historic Carver Heights has asked the City to swap the available HOME funds
($563,684.00) to CDBG funds for the Project. Staff will formally request Council's approval for this swap
at a future Council Meeting.
The Historic Carver Heights Neighborhood defined area is bound by Plaza Circle on the north, Cravens
Road on the east, Vel Drive to Lucas Drive to Ramey Avenue on the South, and Cass Street to Flemming
Drive to Truman Drive to Ransom Terrace on the west.
Staff recommends the Council to approve the change in use and expenditure of $418,219.65 for the
Historic Carver Heights Street Light Project. The Action Plan funding year may vary and may be
substituted based on the principle of First In, First Out (FIFO) in order to expend the oldest program
income and grant funds first.
Staff recommends $200,000.00 of the amended CDBG funds be used to hire a consultant to design and
prepare construction plans specifications, and estimates for the Project. The HCHNA with the approval
of the Texas Historic Commission (THC), selected the LEDGEND street Tight for the Project. If the street
Tight supplier does not have the selected light, a similar cobra head light approved by THC may be
used. The City will not use funds budgeted for the installation of the street lights until the Federal
Environmental Review process has been completed and the City has been granted the Authority to Use
Grant Funds from HUD, therefore, staff will request at a future council meeting the approval of the
expenditure of $218 219 65 of the CDBG funds for installation of an estimated 200 street lights in the
neighborhood.
Kimley-Horn and Associates, Inc was chosen for the project via M&C C-23914 (11/17/09 and its
amendment (M&C C-24922, 5/24/11). Kimley-Horn and Associates, Inc will prepare construction plans,
specifications and estimates. Kimley-Horn and Associates, Inc. is in compliance with the City s M/WBE
requirements by committing 22 percent M/WBE participation. The City's M/WBE goal for the Project is 15
percent
A public comment period concerning the change in use of these funds was held from May 3, 2011 through
June 2, 2011. Any comments are maintained by the Housing and Economic Development Department in
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accordance with federal regulations.
The Project is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
funds will be available in the current budget, as appropriated, in the Grants Funds.
FUND CENTERS:
TO Fund/Account/Centers
GR76 539120 005206140820
FROM Fund/Account/Centers
$4181219.65 GR76 539120 005206140800
GR76 539120 005206140810
GR76 539120 005206140830
GR76 522030 005206140850
GR76 539120 005206140840
$258,400.00
$122,013.10
$31,000.00
$3,466.55
$3,340.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Susan Alanis (8180)
Jay Chapa (6192)
Cynthia Garcia (8187)
Charletra Hurt (7536)
ATTACHMENTS
1. Available Funds - 17 Budget Amend.pdf (CFW Internal)
2. Available Funds - Prior to Amendments pdf (CFW Internal)
3. MWBE Compliance Memo.pdf (CFW Internal)
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