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Home My WebLink AboutContract 43083 (2)UliV CU a R o g CITY OF FORT WORTH, TEXAS con_or) O . .. ., ....__..... STANDARD AGREEMENT FOR ENGINE FLING EHG;LATED DESIGN SERVICES f This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Wagley Robertson Drainage Improvements Project. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: Invoice and Payment (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‘EICIN , good faith within 60 days of the amount d ' ticd 7 days' written notice to CITY, suspend ser�� iq Y p Y ;� City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 1 of 14 t \la s contested in try, after giving REMENT 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. 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: 7.22.2011 Page 2 of 14 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: 7.22.2011 Page 3 of 14 (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location type of various components, or exact manner in which the PROJECT was finally constructed The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority 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 Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 4 of 14 misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any 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. 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: 7.22.2011 Page 5 of 14 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 6 of 14 (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 Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 7 of 14 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. 0 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 Design Services PMO Official Release Date: 7.22.2011 Page 8 of 14 changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings specifications proposals, and other documents; obtain advice of 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: 7.22.2011 Page 9 of 14 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 Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 10 of 14 (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services 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 Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 11 of 14 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; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay or interruption, an equitable adjustment in the PROJECT s schedule, commitment and cost of the 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: 7.22.2011 Page 12 of 14 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, 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: 7.22.2011 Page 13 of 14 considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed and effective thisal day of Pr? ATTEST: 1 sip 4, ,/ okustA 3/4A5 City Secr- tart' 0 4 )4,200o a MiffSe<sx APPROVED -AS TO FORM AND LEGALITY By: Douglas W. Black Assistant City Attorney M&C No.: C- Z M&C Date: Z.i(f7L City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 14 of 14 � , 2012. CITY OF FORT WORTH By: Fernando Costa Assistant City Manager APPROVAL RECOMMENDED G\ , , i By: Douglas() . Wiersig, P.1-.) , Li E. Director, Departmen Transportation/Public Works Kimley-Horn and Associates, Inc. By: Glenn Gary, P.E. Senior Vice President of ATTACHMENT "A" Scope for Engineering Design Related Services for Storm Water Improvements Projects 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. Under this scope, 'ENGINEER" is expanded to include any sub -consultant, including surveyor, employed or contracted by the ENGINEER OBJECTIVE The Wagley Robertson Drainage Improvements Project consists of designing and constructing a drainage structure under Wagley Robertson Road at Big Fossil Creek. The purpose of the improvements is to design a system and associated improvements to convey the 100-year ultimate conditions storm event without overtopping Wagley Robertson Road. This is the first phase of the project (referred to as the 'Preliminary Analysis Phase') and consists of performing preliminary evaluations and analyses to determine the scope for the design portion of the project which will be performed under a separate contract. WORK TO BE PERFORMED Task 1. Design Management Task 2. Preliminary Analysis Phase Task 3. Survey TASK 1. DESIGN 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 1.1.1. Lead, manage and direct design team activities 1.1.2 Ensure quality control is practiced in performance of the work. This includes periodic quality control reviews at milestones and addressing comments during the quality control process. 1.1.3 Communicate internally among team members. 1.1.4. Task and allocate team resources 1.2. Communications and Reporting 1.2.1. Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 1 of$ G 1.2.2. Prepare for and conduct and document monthly project update meetings with CITY Project Manager. 1.2.3. Prepare for and conduct up to three (3) project meetings with the CITY. Including meeting with Storm Water, TP&W Staff and Water Department staff. 1.2.4. Prepare for and conduct and document bi-weekly design team meetings. 1.2.5. Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. 1.2.6. Prepare and submit monthly progress reports in the format provided by the respective CITY Department. 1.2.7. 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. 1.2.8. Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative ASSUMPTIONS o It is estimated that this phase of the project will be completed within four (4) months. The fee associated with performing the tasks above are based upon this assumption. DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes TASK 2. PRELIMINARY ANALYSIS PHASE The purpose of the Preliminary Analysis Phase is for the ENGINEER to perform a level of effort that is necessary to determine the scope of services for the design phases of the project which are not part of this project. The tasks performed as part of the Preliminary Analysis Phase will be implemented into the design phases of the project. The tasks associated with this phase include the following: City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 2 of 6 2.1. Data Collection 2.1.1. 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 any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (such as FEMA and USACE), CITY Master Plans, CITY drainage complaint files, existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any) franchise utilities and property ownership as available from the Tax Assessor's office. Performing a topographic survey will be considered Additional Services 2.1.2. The ENGINEER shall visit the project site up to three (3) times 2.1.3. The ENGINEER will obtain record drawings for the existing water line and sanitary sewer line that is located within the project limits. 2.1.4. The ENGINEER shall research and coordinate with state and federal agencies such as FEMA and USACE to determine the necessary permit requirements for the projects. 2.1.5. The ENGINEER will create a database in a form of a CAD drawing to compile the record drawing information gathered in Task 2 1. 2.2. Drainage 2.2.1. The ENGINEER shall rely upon hydrologic and hydraulic data prepared by the USACE and provided by the CITY The intent of this task is to determine the impacts the options have to the floodplain The ENGINEER will update the hydraulic model to reflect the existing and proposed topographic conditions of Big Fossil Creek Topographic information provided by the CITY will be used in the updates to the hydraulic model. Field survey or detailed topographic information will not be collected as part of this project. 2.2.2. The ENGINEER will perform preliminary analysis to determine the size type, and number of the drainage structures needed to convey the 100-year fully developed storm event with one (1) foot of freeboard. The ENGINEER will evaluate up to two (2) drainage structure options for each channel crossing which may include, but are not limited to reinforced box culvert structures and/or a bridge structure Evaluating more than two (2) options will be considered Additional Services 2.2.3. The ENGINEER will evaluate the hydraulic model to determine the approximate limits of construction (downstream and upstream limits) within Big Fossil Creek and Big Fossil Creek tributary (BFC-28). 2.2.4. The ENGINEER will evaluate the storm drain systems that connect or discharges into Big Fossil Creek within the project limits A detailed hydraulic analysis of the neighborhood storm drainage system will not be performed. The intent of the evaluation is to demonstrate that the improvements do not cause adverse impacts to the existing storm drainage system. Calculations regarding street and right-of-way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. All City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 3 of 6 calculations shall conform to CITY criteria delineated in the CITY's Storm Water Management Design Manual. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. 2.3. Roadway 2.3.1. The ENGINEER will use topographic information provided by the CITY to develop up to two (2) conceptual vertical profiles for the roadway. The vertical profile will determine the approximate limits of the roadway improvements identify impacts to the subdivision to the north of the project, as well as identify potential impacts to the property along the west and east right-of-way boundary. 2.3.2. The ENGINEER will evaluate the need for retaining walls to be constructed along the project limits. 2.3.3. The ENGINEER will use topographic information provided by the CITY to develop up to two (2) conceptual horizontal alignments for the roadway The horizontal alignments will determine the limits of the roadway along Wagley Robertson. The ENGINEER will consider the CITY's master plan and platted Right -of -Way to establish the horizontal alignment. 2.3.4. The ENGINEER will determine the conceptual typical section of the ultimate boulevard section considering the City's master plan right-of-way width for 4 lane divided arterial The typical section will show half the roadway section proposed and the other half as future. 2.3.5. The ENGINEER will prepare a preliminary narrative of the traffic control plan. The traffic control plans will consider maintaining two-way traffic and existing drainage patterns. 2.3.6. The ENGINEER will perform the preliminary roadway design in accordance with local and federal design criteria. 2.4. Utility 2.4.1. The ENGINEER will evaluate the information collected as part of the Task 2.1 to determine the location of the existing water and sanitary sewer lines. 2.4.2. The ENGINEER will determine potential conflicts between the improvements and the existing utility lines. 2.4.3. The ENGINEER will develop a conceptual utility plan (horizontal alignment only) to relocate the water and sanitary sewer lines. 2.5. Preliminary Analysis Phase Submittal The Preliminary Analysis Phase Submittal shall include the following: 2.5.1. Written summary (memorandum) of the options evaluated and concepts considered strengths and weaknesses of each and the rationale for selecting the recommended design concept. The ENGINNER will meet with the CITY to discuss the written summary. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 4 of 6 2.5.2. Horizontal alignment of the roadway, drainage, and utilities. 2.5.3. Vertical profile of the conceptual roadway design. 2.5.4. Proposed phasing of water, sanitary sewer, street and drainage work documented in both the project schedule and narrative form. 2.5.5. Documentation of key design decisions (Project Decision Log). 2 5 6 Estimates of probable construction cost. ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • 2 copies of the conceptual design package will be delivered for initial review. Drawings will be half size (11" x 17"). • Once the initial review comments are received from staff and addressed, 9 copies of the conceptual design package will be delivered for final approval. • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw DELIVERABLES A. Items outlined in Task 2. TASK 3. SURVEY The ENGINEER will perform the following tasks: 3.1 Property Research 3.1.1 The ENGINEER will research the property ownership and identify existing easements. 3.2 Boundary Determination 3.2.1 The ENGINEER will determine and survey the existing right-of-way, property line, and easement boundaries. 3.3 Project Control 3.3.1 The ENGINEER will establish the project control and benchmarks for the project. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 5 of 6 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services - CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction • Construction management and inspection services • 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. • Preparation of construction plans or contract documents. • Conducting SUE services. • Performing structure design services. • Performing geotechnical services • Performing hydrologic and hydraulic analysis, other than what is described in the Attachment A. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 6 of 6 ATTACHMENT B COMPENSATION Design Services for Wagley Robertson Drainage Improvements "Preliminary Analysis Phase" City Project No. 01668 Lump Sum Project 1. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $52,113 00 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. 11. Method of Payment A. 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 111. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works 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 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm ( Primary Responsibility Prime Consultant Kimley-Horn and Professional Engineering Associates Inc. Services Proposed M/WBE Sub -Consultants Gorrondona and Surveying Services Associates, Inc. Project Number & Name TOTAL Total Fee $52,113.00 Fee Amount $45, 348.00 $6,765.00 $52,113.00 M/WBE Fee $6,765.00 OA 87% 13% 100% M/WBE % 13% City M/WBE Goal = -% Consultant Committed Goal = 13% City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2 of 3 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 Wagley Robertson Drainage Improvements Project City Project No. 01688 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 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Wagley Robertson Drainage Improvements -Preliminary Analysis Phase City Project No. 01668 Labor(hours) Expense Task No. Task Description Sr. Project Project Project EIT CADD Administrative Total Labor Subconsultant Total Expense Task Sub Total Manager Manager Engineer Cost Travel Reproduction Cost Rate $190 $155 $115 $100 $90 $75 MWBE Non-MWBE 1.0. Proiect Manaq ment 7 41 7 20 0 27 $12,515 $0 $0 $100 $0 $100 $12,615 1.1 Managing the Team 1.1.1, 1.1.3: 1.1.4 Internal Team Communication $0 $0 $0 1.1.2 QA/QC 4 4 4 $1,840 $0 $1,840 1.2 Communications and Reporting 1.2.1. Pre -Design Coordination Meeting (1) 2 2 $510 $0 $510 1.2.2. Monthly Project Update Meetings w/PM (4) 8 4 $1,640 $0 $1,640 1.2.3. Project Meetings with CITY (3) 3 9 3 6 3 $3,135 $100 $100 $3,235 1.2.4. Bi-Weekly Design Team Meetings (8) 8 8 1.2.5. Prepare Invoices (4) 4 16 $1,820 $0 $1,820 1.2.6. Monthly Progress Reports (4) 4 4 $920 $0 $920 1.2.7. Prepare monthly schedule (4) 2 4 $610 $0 $610 2.0. Scope Assessment Phase 12 34 36 112 45 3 $27,165 $0 $0 $100 $2,700 $2,800 $29,965 2.1 Data Collection $0 $200 $200 $200 2.1.1. Collect base file information 5 2.1.2. Site visit (3) 6 6 6 $100 I 2.1.3. Gather record drawings 5 2.1.4. Coordination with agencies 2 2 2.1.5. Create database 1 2 6 2.2 Drainage $0 $500 $500 $500 2.2.1. Update hydraulic models 2 2 12 2.2.2. Drainage structure sizing (2 locations) 2 2 12 5 2.2.3. Determine limits of construction (floodplain) 2 2 8 2.2.4. Evaluate storm drain system 2 2 5 2.3 Roadway 2.3.1. Vertical profile 1 2 4 8 12 2.3.2. Retaining walls 1 2 4 2.3.3. Horizontal alignment 1 4 4 12 2.3.4. Typical sections 1 2 2 5 2.3.5. Traffic Control 3 2 2 2 I 2.4 Utility 2.4.1. Evaluate record drawings 2.4.2 Identify conflicts 2 2 5 I 2.4.3. Utility plan 3 2 2 8 10 I 2.5 Scope Assessment Phase Submittal 2.5.1. Written summary 2 10 2.5.2. Decision log 2 6 2.5.3. Estimates of cost 3 2 2 5 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 5.19.2010 $0 $0 $500 $500 $500 $500 $500 $500 $0 $1,000 $1,000 $1,000 1 of 2 Task No. Task Description 3.0. Survey 3.1 Property Research 3.2 Boundary Determination 3.3 Project Control City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 5.19.2010 Sr. Project Manager Rate $190 0 Totals 19 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Wagley Robertson Drainage Improvements -Preliminary Analysis Phase City Project No. 01668 Labor (hours) Project Engineer $115 0 Project Manager $155 6 2 2 2 81 EIT CADD $100 $90 15 0 5 5 5 43 147 45 Administrative Total Labor Cost $75 0 $2,430 $810 $810 $810 30 $42,110 Expense Subconsultant MWBE I Non-MWBE $6,7651 $0 $1,180 $1,5851 $4,000 $6,7651 $0 Total Expense Task Sub Total Travel Reproduction Cost $0 $0 $6,765 $1,180 $1,585 $4,000 $200 $2,700 $9,665 Project Summary Total Hours Total Labor Total Expense MWBE Subconsultant Non-MWBE Subconsultant 5% Sub Markup MWBE Participation Total Project Cost $4,810 $4,810 $47,390 365 $42,110 $9,665 $6,765 $0 $338 13.0% $52,113 2 of 2 Professional Services Payment Request Project Manager: IVibhutiPandey, P.E. Project: IWagley Robertson Drainage Improvements City Project #: 101668 City Sec Number: _J Consultant Instructions: Company Name: IKimley-Horn and Associates, Inc. Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Misty Christian, P.E., CFM Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: I mistv.christianOkimlev-hom.com 1 Office Address:12201 West Royal Lane, Irving, Texas 75063 Telephone: 1214-420-5600 Fax: 1214-420-5680 Remit Address:1 FAC and Work Type Description Stormwater Improvements P227 531200 2072801668 Totals This Payment Request LOCK UNLOCK Agreement Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Amount Amount Date Amount Completed Previously Invoice Balance $52,113.00 652,113.00 $52,113.00 $52,113.00 $52,113.00 $52,113.00 Overall Percentage Complete: Professional Project: City Project #: Work Type Desc: F/A/C: City Sec Number: Purchase Order: Services Payment Request Project Manager: Vibhuti Pandey, P.E. Wagley Robertson Drainage Improvements 01668 Stormwater Improvements Consultant Instructions: P227 531200 2072801668 Company Name: Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Pay Items 30 - Desi Kimley-Hom and Associates, Inc. Misty Christian, P.E., CFM Description Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: misty.christian@kimley-hom.com Office Address: 2201 West Royal Lane, Irving, Texas 75063 Telephone: 214-420-5600 Fax: 214-420-5680 Remit Address: Orig. Contract - Preliminary Analysis Totals This Unit: Agreement Agreement Amendment Amendment Amount to Completed Percent Amount Number Amount Date Amount Completed 852,113.00 852,113.00 $52,113.00 $52,113.00 Overall Percentage Complete: ($) Invoiced Current Previously Invoice Remaining Balance 852,113.00 $52,113.00 j ;,- . • . • v• • .,. ', • .• 6riat COP. Reno 7_414 ha 1,, • • • • ,• 4 - •* le P • •• '• •• • 4 • w • • • 4 R senneP.n:'S n Acres CDP .• •• g!e.MCurit�i Eag 'A. un to 9 -1.3. �r .�• ..1e1.1u Settie CJ et Rosedale. t'eTIP 3Sr - , v FZenion coP k1 in= !o;:&r Mound FORT WORTH Wagley Robertson Drainage Improvements Project "Preliminary Analysis Phase" Project Location Map Legend - -1 Limits of Prop Improvements Creek FEMA Floodplain A AE Tarrant Roads I II 1 in = 400 feet • 1 1 •. • • Project Location • . 3('' - 1' • 1 • r r;tij!5, :1 [' 1^__.1 i • •IF.' 1 rl: •1 41: _1•.. 1 14 �. r. .. . 1 • ;-• 1.. :� 1 r • 1 ' ri • Rey I . i i T • 1 • f1• 1 • .• fi.1 • • ,• 1 .•- '1.. ---- • r . . • • t 1.4 a_ • • 4. _ 1 •- - • Y •} r 1• • 1 � ,1 1 r '-• i '►1 t,�Stir .� • 1 1 1 • . 4 rs 1• ', f, • •_ 1 t at. , • 1 i r • il . 1 14 1 .Ia ' •- -- • 4 -I . ..1 .,.I + 1 !! r •• - _ 1 1 . •1 4.• • • 1 1 : • 1 • .. ••- • _ •1 • 4 • • 1 1 1 1 kr 1 b 1 sin a nolni -AL G F- isai DESTIN • Kimley-Horn and Associates, Inc. FIRM REGISTRATION F-928 DOE PROJECT BID NUMBER (Please check one) • Minority/Women Business Enterprise Office LE I TER OF WENT TO PERFORM AS A DBE CERTIFIED SUBCONTRACTOR/SUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth M/WBE Ordinance, DBE firms participating in the program must have current certification status with the City of Fort Worth prior to award of a contract where they are counted towards DBE subcontracting participation. If the City of Fort Worth determines that, a firm is not currently DBE certified for City of Fort Worth contracts that firm should immediately submit a completed certification application to the North Central Texas Regional Certification Agency (NCTRCA), 624 Six Flags Drive, Suite 100, Arlington, TX 76011.] 1. Name of Contract L•O etai <� ‘_nt `�i'o`;LA_ CA- 01 -e_ (Bch Lre---e- CdTh t S C e-e._ 141. S S eS S P\••-C-04--e_. 1 2. Value of Original Contract $ C2 . \\ 3 • ct> 3. Name of Offeror/Prime Contractor or Consultant EC.`• V &L2`--t —kristiv - alitok. vkSSo ' 4. The undersigned DBE firm is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify "supply" or "install" or both): Property & Control Survey Services Gorrondona & Associates. Inc. (Name of DBE Firm) W.Truett Wilson Survey Director Circle one (Owner4Authorized Agent of DBE firm Type or Print Name at the price of $ 6,676.00 12/08/2011 (Date) Cftt, re- „etarr_•, r,t c%1/41-tr (Signature of Owner or Authorized Agent of DBE firm) 817.496.1424 817.496.1768 (Phone Number) (Fax Number) AFFIDAVIT OF OFFEROR/PRIME CONTRACTOR OR CONSULTANT HEREBY DECLARE AND AFFIRM that I,iam the duly authorized representative of Circle one (owner/AuthrliAgent) �'. vv`kom,.., _ tA.- c.�.OL Ass oc_; s SS,r-‘,-c.and that I have personally reviewed the material and Name of Offeror/Prime facts set forth in this Letter of Intent to Perform. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth M[WBE Ordinance, any person [entity] who makes a false or fraudulent statement in connection with participation of a D/M/WBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth M/WBE Ordinance, I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct, and that I an authorized on behalf of the Offeror/Prime to make the affidavit. Circle One (Owner/ Authatitar AgenyType or Print Name (Name of Offeror/Prim) Type or Print (Signature of Owner or uthorized Agent) (Phone Number) (Date) Z_a - c5 L - LF C) (Fax Number) 01/14/09 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA -'11r FORTWDRTII COUNCIL ACTION: Approved on 2/21/2012 DATE: 2/21/2012 REFERENCE **C-25442 L®G 20DESIGN WAGLEY ROBERTSON NO.: NAME.: — — CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Engineering Agreement in the Amount of $52,113.00 with Kimley-Horn and Associates, Inc., for the Wagley Robertson Drainage Improvements Project (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Agreement with Kimley-Horn and Associates, Inc., in the amount of $52,113.00 for preliminary analysis and engineering services for the Wagley Robertson Drainage Improvements Project. DISCUSSION: The Engineering Agreement recommended by this Mayor and Council Communication will provide for preliminary analysis and engineering services for the Wagley Robertson Drainage Improvements Project. This Project is needed to mitigate a hazard to motorists created by stormwater runoff overtopping Wagley Robertson Road. The preliminary analysis will identify flooding areas and deficiencies in current drainage facilities and will include evaluations to determine the scope for the design portion of the project. Kimley-Horn and Associates, Inc., (Kimley-Horn) was selected to design this Project based on a request for qualifications process Upon completion of preliminary analysis, it is anticipated that this contract will be amended to secure final engineering design services. Kimley-Horn proposes to perform the preliminary analysis and engineering services for a lump sum fee of $52,113.00. City Staff considers the fee to be fair and reasonable for the scope of services proposed. Funding for this Project is being provided from revenue bonds in the Storm Water Capital Projects Bond Fund. Kimley-Horn is in compliance with the City's M/WBE Ordinance by committing to 13 percent M/WBE participation. The City's goal on the project is 13 percent. This project is located in COUNCIL DISTRICT 7, Mapsco 19Z. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds will be available in the current capital budget, as appropriated of the Storm Water Capital Projects Bond Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P227 531200 207280166830 $521113.00 Submitted for City Manager's Office bv: Fernando Costa (6122) http://fortworthtexas.gov/council packet/mc review.asp?ID=16416&councildate=2/21/2012 3/6/2012 M&C Review Page 2 of 2 Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Vibhuti Pandey (2424) ATTACHMENTS MC Mao 41668.pdf http://fortworthtexas.gov/councilpacket/mc_review.asp?ID=16416&councildate=2/21 /2012 3/6/2012