HomeMy WebLinkAboutContract 30444 CITY SECRETOR
CONTRACT NO.
CITY of FORT WORTH,TH, TE AS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT El T i between the City of Fort Worth (the "CITY"), and Kirnley-
orn and Associates, Inc.,, (the "ENGINEER"), for a PROJECT generally described as:
Eagle Mountain Raw Water Transmission Pipeline.
roi ect Numb r P1 -531200-060164052005:
Article 1
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article 11
Compensation
A. The ENGINEER's ENGINEER' compensation is set forth in Attachment E.
Article 111
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 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 1, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, iFz, n -,- t he a rent of
sup en ion of services, the Ef GII E flit,r to CITY for
p dela or darns es caused the Cl � ` sus ension of
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ORIGINAL
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services.
Article l
Obligations of to 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 ENGINEER' 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 bet ween 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
andor execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER EE shall not be liable for the use of
such drawings for any project ether than the PROJECT described herein.
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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 epressiy 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 PR .JECTIr when completed, will be in accordance wkh
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If, for any reason, the ENGINEER should
make an on-site observation (s), on the basis of such on-site observations, if
any, the ENGINEER shall endeavor to keep the CITY informed of any
deviation from the Contract Documents coming to the actual notice of
ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable cost, Financial Considerations, and Sehe les
(1) The ENGINEER EEF shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has n
control over cost or price of labor and materials; un
conditions of existing equipment or structures that may aff d
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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 rnatedally affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CJTY's actual
PROJECT costs', financial aspects, economic feasibility, or schedules will
not Crary from the ENGI EER`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
ENGII EER's knowledge, information, and belief from selective sampling and
observation than 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 to exact accordance with the contract Documents; that the
final work will be acceptable in all respects; that the ENGINEER EEF 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 than 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 arrays represent the enact
location, type of various components, or exact manner in which the PROJECT was
finally constructed. The ENGINEER is net 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. 1 5550, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. Any misrepresentation of facts
(other than a negligent misrepresentation) and/or the commission of fraud by the
Engineer may result in the termination of this agreement and debarment from
participating in city contracts for a period of time of not less than three 3 years.
J, Right to Audit
(1) ENGINEER r roes that the CITY shah until the expiration of t r6,
after final payment under this contract, have access to an t ' h r
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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 sbconsultant agrees that the
CITY shall, until the expiration of three 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 hereof. CITY shall give subcon-
sultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITE agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City c rfificate s of insurance documenting
pellicles of the following coverage of minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,,000 each occurrence
1 000,000 aggregate
Automobile Liability
1,000,000 each accident or reasonable equivalent limits of coverage
if wriften on a split limits basis). Coverage shall be on any vehicle used
in the course of the PROJECT.
Worerxs Compensation
Coverage A: statutory limits
Coverage B: $1 00,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim annual aggregate
(2) Certificates of insurance evidencing'that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable polices shall be endorsed to name the CITY an
Additional Insured thereon, as its interests may appear. The term
CITY shall include its employees, officers, officials, agents, and
volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified according to items section K(1) and K. 2 of this
agreement are provided under applicable policies documented
thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty 30 days notice of cancellation or material
change in coverage shall be provided to the CITY. A ten 10 days
notice shall be acceptable in the event of non-payment of premium.
Such terms shall be endorsed onto E GINEE 's insurance policies.
Notice shall be seat to the respective Department Director by
name), city of Fort Worth, 1000 Throckmorton, Fort Worth, Texas
76102.
(e) Ensurers for all policies must be authorized to do business in the
state of Texas or be otherwise approved by the CITY; and, such
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(f) Deductible limits, or self-insured retentions, affecting insurance
required herein shall be acceptable to the CITY in its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may
also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The city shall be entitled, upon its request and without incurring
expense, to review the ENGI NEE 's insurance policies including
endorsements thereto and, at the CITfs discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(i) The Commercial General Liability Insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
j The Professional Liability insurance policy, if written on a claims
made basis shall be maintained by the ENGINEER EEF for a minimum
two 2 year period subsequent to the term of the respective
PROJECT contract with the CITY unless such coverage is provided
the ENGINEER on an occurrence basis.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of ENGI 1EER's
overhead.
(1) All Insurance required in section 1 ., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER.EEF . 1lh n
subconsultants maintain insurance coverage, ENGINEER EEF shall
provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein,, in the event a subcensultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as n independent consultant and
not as a subcontractor, agent, or employee of the CIT .
VIII, 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 inter M& `
personal financial interest, direct or indirect, in property abutting h .
PROJECT and business relationships Fr ith abutting property cif �,+ L; r��t y4y.;'
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ENGINEER further acknowledges a that it will make disclosure in writing of any
conflicts of interest that develop subsequent to the signing of this contract and prier
to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
ill: if requested: assist the CITE in obtaining the services of a qualified
subcontractor to manage the rer ediation activities of the PROJECT.
o. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was eecuted, the
ENGINEER shall revise plans and specifications, as required, at its oven cost and
expense. However, of design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENGINEER could
not have been reasonably aware of, the ENGINEER EEF shall notify the CITY of such
changes and an adjustment in compensation will be made through an amendment
to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article v, if any, are included in Attachment C.
A. city-Furnisher! Data
The CITY will make available to the ENGINEER all technical data in the CIT 's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy: timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance f its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, rnachinerr, pipelines, and
other components of the CIT 's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CIT "
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 way, and access
necessary for the E GI EEf 's services or PROJECT construction.
D. Timely Review
The CITY will examine the E GIf EEF's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and ether
consultants as the CITY deems appropriate; and reader in writing decisions
required by the CITY in a timely manner in accordance with the project schedule in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing of
the E GI IEEF 's services or of any defect in the work of the ENGINEER EEF or
construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release ENGINEER and its officers, employees, and subcontractors from all
claims, damages, losses, and costs, including, but not limited to, attorney's
fees and litigation expenses arising out of or relating to the presence,
discharge, release, or escape of hazardous substances, contaminants, or
asbestos on or from the PROJECT. Nothing contained herein small be
construed to require the CITY to levy, assess or collect any tax to fund this
indemnification.
(2) The indemnification and release required above shall not apply in the event
the discharge, release or escape of hazardous substances: contaminants,
or asbestos is a result of ENGINEER'S EEF'S negligence or if such hazardous
substance, contaminant or asbestos is brought onto the PROTECT by
ENGINEER.
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G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGI EE 's Personnel at Construction Site, and provision
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
s uppiiers on the PROJECT,, or their sureties, shall maintain
no direct action against the ENGINEER,EEF , iits officers,
employees, and subcontractors, for any claim arising out
of, in connection Frith, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
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(2) This AGREEMENT Ef T 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 ether entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
EEF .
1. 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/11 n stall ation 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 ifl 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 T 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.T. 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 V1, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, charge, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will
be at the CITY's sole risk. The final designs, drawings, specifications and
documents shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by ants of God, strides, lockouts, accidents, or other events beyond the control of
the ENGINEER.
D. Termination
(1) This AGREEMENT T may be terminated only by the city for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to
perform through no fault of the other and does not commence correction of
such nonperformance with 5 days of written notice and diligently complete
the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of ri
t e,.�il I Ir i y Y x ENGINEER will be paid for termination expenses as follows:
4}�+ 1 IF�v I► y F.{L:r�.-5 i
IV's _
1}5 I +
a. Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing storage containers,
microfilm, electronic data files, and ether data storage supplies or services,
c. The time requirements for the ENGINEER'S personnel to document
the work underwa y at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CIT 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 PROD ELT's schedule} commitment and cost of the
ENGII EEF 's personnel and subcontractors, and E GII EEF 's compensation will
be made.
F. Indemnification
(1) The ENGINEER EEF agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER,, its employees, officers, and subcontractors in
connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER EEF and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011 (Vernon supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
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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.
Panties 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. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or ether utter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclu ive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of
the Association then in effect. Any award rendered by the arbitrators less
than $50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will
not be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act U-S.c. Sections 10 and
11).
(2) Any award greater than $50,000, a cclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety o days from the date same is issued. It litigation
is filed by either party within said ninety day period, the award shall
become null and void and shall not be used by either party for any purpose
in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT T are held for any reason to
be invalid, illegal, or unenforceable in any respect, such invalidity, iliegality, or
u nenforceability will not affect any ether provision, and this AGREEMENT shall be
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construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles .F., l. ., 1.D.,. l.H., 111.1., and VIJ shall survive
termination of this AG EE ENT for any cause.
L. observe and comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any moray
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered.
ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its
officers, agents and employees from and against all claims or liability arising out of
the violation of any such order, laver, ordinance, or regulation, whether it be by itself
or its employees.
Article v111
t achment , Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all parer written or oral understandings, and may only be
charged by a written amendment executed by Both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B — Compensation
Attachment C—Amendments
Attachment D — Schedule
Attachment E — Exhibit
Executed this the day of , 20�.
(REMAINDER of PAGE INTENTIONALLY LEFT BLAND)
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IIIYYYYIIII
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ATTEST CITY OF FORT WORT
B
Marty Hendrix M1 Oar c ft,
City Secretary Assistant kity Manager
APPROVED AS TO FORM
AND LEGALITY 2'a - -Q a
CoAtr ct Auth r za ion
Date'
*IF
Assistant City Attomey
ATTEST: ENGINEER
Bye z
Glenn Gary, P.E.
Vice-President
Kimley-Horn and Associates, Inc.
APPROVAL RECOMMENDED
S. Frank Crumb, P.E.,Acting Director,
Water Department
rCT.............
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ATTACHMENT "A"
General Scope of Services
BASIC SERVICES
The Scope of Services is for analysis and design services associated with the proposed Raw Water
Transmission Line from the Eagle Mountain Raw water Pump Station to the Eagle Mountain water
Treatment Plant. The project is anticipated to include approximately 15,280 1_,F of -inch raw water
transmission pipeline,and the air release and blow off valve rehabilitation and corrosion system design of
the existing -inch raw water pipeline. For the purpose of this scope there is one anticipated
interconnection between the proposed 72-Inch and the existing -inch raw water pipeline included in this
contract. Any other interconnections between these two pipelines, and the associated valving, will be
provided by others.
This project will be a multiphase project that will consist of the following tasks:
■ Task I —Routing and Alignment Studer.
■ Task 2 -Easement/Right-of-Way Acquisition
■ Task 3 -Condemnation
■ Task 4-_Preliminary Design
■ Task 5 -Final Design
■ Task 6-Adverb sin iddin Con struc tion Contract Award
a Task 7—Construction Phase Services
TASK 1 —ROUTING AND ALIGNMENT STUDY
A. Dick-off Meeting
1. The ENGINEER will conduct a Icier-off meeting for the project. The kick-off meeting will
include the following agenda items:
a. Project schedule
b. Project milestones
C. Introduction of project team
d. Communication plan; ENGINEER with CITY, ENGMER with other CITY
consultants, and ENGINEER with other entities.
e. Review of billing procedures
2. The ENGINEER will have personnel associated with the design team at this meeting
including the ENINEE 's project manager, senior pipeline designer, geotechnical
urbconsultant, boring tunneling subcon ultant, survey subcon ultant, ears rnenUright-of- ra y
acquisition subconsultant and other design team members.
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3. The CITY will have personnel associated with the management team for the CITY at this
meeting including representatives from operations and other CITY departments that will be
involved in the project.
City of Fort worth Data Collection
The CITY will be responsible for making information available to the ENGINEER for review are
reproduction. The ENGINEER will prepare a data collection log that includes data collection request,
date of request, date obtained and data collection items that remain outstanding. The scope for data
collection is as follows.-
I. Record Drawings — The CITY will identify and make available record drawings related to
infrastructure improvements within the project area for completed improvement projects,
water treatment plant projects, as well as any roadway, sanitary sewer, or storm sewer
improvements.
Maps — The CITY will provide the ENGINEER the ITY's existing digital maps. Maps
should include the following:
a. Block or right-of-way maps
b. Utility maps (water, sanitary sewer and storm sewer)
C. Contour maps with contour intervals of -feet based on the source data available from
the CITY Contour intervals will not be greater than 1 -feet.
d. Most recent aerial photographer of the project area that the CITY currently possesses.
Projects in Progress —The CITY will identify and assist the ENGINEFR to coordinate with
other proposed projects within this area that are currently under design or construction. T`he
CITY will identify the project and the contact point for the CITY or the Consultant associated
for each project.
4. Subsurface Investigation—The CITY will provide the ENGINEER with previous subsurface
investigations prepared for the existing 54-inch rev watCT pipeline or for other existing
pipelines along the project mute.
5. Construction Dotes — The CITY will provide copies of onstruction notes regarding the site
condition and installation of the existing 54-Inch raw water pipeline.
6. Shop Drawings —The City will provide available shop drawings for the existing -inch raw
water transmission pipeline.
Correspondence with the Corps. of Engineer's or Tarrant Regional water District relevant to
the installation of the existing 5 -inch raw water pipeline.
C. Data Collection from Franchise Utilities
The ENGINEER will prepare a data request letter notifying each organization of the CIT 's proposed
project. The ENGINEER will attempt to collect information as listed below. If the ENGfNEER is
unable to collect information in a reasonable time, the CITY will assist the ENGINEER in obtaining
the information.
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1. Oncor Gas Division
a. Size, horizontal and vertical location of existing gas lines and appurtenances that are
located within right-of-way and easements of the proposed route.
h. The ENGINEER will request information such as schedule and construction plans for
gas infrastructure that is proposed to be installed or relocated within the right-of-way
and easements of the proposed route.
2. oncor Electric Division
a. Size, hor-i zontal and vertical location of existing electric lines and appurtenances that
are located within right-of-way and easements of the proposed route.
b. The ENGINEER will request information such as schedule and construction plans for
electric infrastructure that is proposed to be installed or relocated within the night-of-
way and easements of the proposed route.
3. Telecommunication Companies
. Size, horizontal and vertical location of existing telecommunication fines and
appurtenances that are located within n'ght f-way and easements of the proposed
route.
b. Location of cellular communication towers and base stations
C. The ENGINEER will request information such as schedule and construction plans for
telecommunication infrastructure that is proposed to be installed or relocated within the
nght-of-way and easements of the proposed route.
4. Cable Companies
a. Size, horizontal and vertical locations of existing cable lines and appurtenances that are
located within right-of-way and easements of the proposed route.
b. The ENGMER will request information such as schedule and construction plans for
cable infrastructure that is proposed to be installed or relocated within the right-of-way
and easements of the proposed route.
D. Routing and,Alignment Study
The ENGINEER will perform a routing and alignment study for the proposed raw water transmission
line from the Eagle Mountain Raw water Pump Station to the Eagle Mountain water Treatment Plant
as shown on Exhibit E f, The study will be based upon the information obtained in Subtasl —City
of pert worth Data Collection.
1. The ENGINEER will conduct a routing study which will consider two possible raw water
pipeline routes. In the ENGINEER'S evaluation of the routes the following project elements
will be considered:
a. Probable construction cost
b. Project schedule
e. asement right-of way requirements
d. Construc tabi lity
e. Accessibility for maintenance
f. Routing impacts on corrosion protection systems
. Environmental consideration r�
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h. Geologic considerations—topographic considerations
i. Conflicts with other utilities
j. Operational redundancy
2. The ENGINEER will prepare a technical memorandum outlining impacts of` the above
considerations. The memorandum will include a recommendation for the proposed route,
with projected construction cost and schedule being the primary factors for the
recommendation.
3. The ENGINEER will prepare an exhibit with both alignments, or an exhibit for each
alignment, The exhibit will contain: the proposed and recommended aligrnments of the
proposed -inch raw water pipeline, the existing -inch raw water pipeline, approximate
property boundaries with identification of property owners, significant routing features along
the proposed routes. The exhibit will be prepared with an aerial photograph, provided by the
City of Fort Worth as the base.
E. Defiverables
a. Teri I copies of the technical memorandum on routing and alignment
b. Wen 10 copies of the exhibit of proposed and recommended 72-Inch raw eater
transmission pipeline routes
c. Kick-off`meeting notes
d. Monthly I1VBE reporting
F. Meetings
1. The ENGMER will conduct one lick-off meeting with representatives of the CITY. This
meeting will sun=ari c the issues, establish project stakeholders and begin the process of
route selection. Conducting this meeting will involve preparing exhibits, agendas and
handouts and documenting comments.
2. Routing and Alignment Review Meeting — The ENGINEER will prepare for and conduct a
review meeting to receive comments on the muting and alignment technical memorandum
and exhibit. The meeting will be attended by the project manager, senior pipeline designer
from the EN xINEE 's design team and the project manager and necessary decision makers
from the CfTY.
3. In addition to the meetings listed in items 1 and 2 above, the ENGMER will conduct
general project progress meetings with the CITY on a semi--monthly basis (every other weep).
TASK 2 -EASEMENT/PROPERTY ACQUISITION
The CITY understands that the ENGINEER is not licensed to provide real estate services. For the
convenience of the CITY the ENGINEER will subcontract with a firm referred to as the ENGMEI 'S
REAL ESTATE AGENT.T. The ENGfNEER will receive no fee for these services.
The CITY will instruct the ENGINEER whether the CITY intends to pursue acquiring easements or
rights-of-way. The scope of services provides that one or the otber ma y be pursued.
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A. EemntRiht-of-way Instrument preparation
1. The ENGINEFR will survey and prepare legal descriptions and easemen right-of-way
instruments on the parcels to be acquired. Acquisition documents will be prepared and
submitted to the CITY for review. Once approved, the acquisition documents will be
provided to the ENGINEER's REAL ESTATE AGENT to use for acquisition. Legal
descriptions and acquisition documents will be prepared in accordance with the CITY's
requirements for up to seven parcels. Document preparation in excess of seven (7)
parcels will be Additional Services.
B. Appraisals
1. The ENGINEER's's REAL ESTATE AGENT will provide appraisals for six parcels.
Appraisals will be approved by the CITY prior to negotiations with the property owners. The
appraisals will be prepared by State Certified appraisers in accordance with the Uniform
Standards of Professional Appraisal Practice USPA . The appraisals will be suitable for
use )n condemnation proceedings, if necessary.
C. Negotiations
1. The offer to purchase the properties will be based on the appraisals as indicated above. The
CITY will establish the value to be used in negotiation and the range of negotiating authority
to be given to the right-of-way agent. The ENGINEER's REAL ESTATE AGENT will
provide the services of qualified right-of-way agents to secure the required fight-of-way for
the project. The nigbt-of-way will NOT T he acquired under the Uniform relocation and
Acquisition Act (Uniform Act).
2. The ENGINEER's DEAL ESTATE AGENT will negotiate on behalf of the CITY and utilize
the conveyance documents and other necessary foams as prescribed by the ENGINEER and
CITY and as approved in accordance with sections A and B, above. The ENGINEER's
REAL ESTATE AGENT will provide a good faith effort to acquire the fights-of-way through
a negotiation process, which will generally consist of three contacts with the property
owner, or his aUthori ed representative. A maximum of five total contacts will be
provided to reach an agreement with the property owner, or to determine that further
negotiations will be non productive and that eminent domain actions will be necessary to
acquire the property. If absentee owners are involved, the negotiations may be conducted via
telephone, fax, or by mail. If the schedule for acquisition of the right-of-way or other factors
arise, which make it expedient, travel outside of the project area to meet with the absentee
owners may be desirable. Any travel outside a 100 mile radius from the project will be
considered as "travel outside of the project area##. If such events arise, the travel must be
specifically authorized b the CITY. If such travel is authorized, the expenses involved,
including the agent's services,will be considered as Additional Services.
3. The initial offer made to the property owner will be based on the value authorized by the
CITE'. All counter-offers by the property owner, along with the ENG EER s REAL
ESTATE AGENT recommendations will be presented to the CITY for consideration. The
CITY must establish and recommend such counter offers before the ENGINEER's PEAL
ESTATE AGENT will be authorized to agree to the requested changes. All monetary offers
made to the property owners will be within the limits authorized by the CITY in the various
stages of the negotiation.
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4. After reaching an agreement with the landowner on the consideration and all other terms of
the transaction, the EN M ER's REAL ESTATE AGENT will forward to the CITY a
Memorandum of Agr mcnt (M/A) executed by the property owner to be ratified by the
CITY. This M A sets forth the compensation and any other terms and conditions agreed
upon. The CITY will be responsible for obtaining the CITYis ratification and for returning
the ratified M A to the N WEER's REAL, ESTATE AGENT. The ENGMEI 's REAL.
ESTATE AGENT will then inform the Title Company that the parcel is ready for closing.
The payment to the property owner and the closing procedures will be in compliance with the
procedures defined d in the section D,Closing.
5. In the event these good faith efforts fail to produce a satisfactorily negotiated easement, the
EN rINEER"s REAL ESTATE AGENT will recommend mend to the CITY that the CITY use its
power of Eminent Irnain to acquire the right-of=way.
D. Closing
1. The EI fNE R's REAL, ESTATE AGENT will coordinate contacts with the CITY to
deliver any payments to the property owner and record the documents. The documents will be
returned to the CITY after recording.
2. This contract assumes that Title Policies will be purchased for the CITY by the REAL
ESTATE AGENT- The amount paid for the Title Policies will not exceed $8,000. If it will
be necessary to exceed this amount, any excess will be considered .Additional Services. The
ENGINEER's READ ESTATE AGENT will review liens or other exceptions reported in the
Title Commitment. The ENGINEER will coordinate the location and the effect of any utility
easements. The ENGINEER will report the results of the Title Commitment to the CITY.
recommending the disposition of the exceptions. The decision whether the reported
exceptions are acceptable or must he eliminated will be the responsibility of the CITY. Any
action required to clear title is not included in the Scope of work for this project, and if
required, will be considered Additional Services.
E. Filing of Record
1. The EI fNEER's REAL ESTATE AGENT will provide services to record and file
necessary property documentation at the Tarrant County Courthouse.
F. Deliverables
1. Deliverables for this task consist of the following:
a. Seven ea semen t right-of-way instruments
b. Appraisal information for six parcels
c. Six Memorandums of Agreement(if necessary)
d. Monthly MW BE reporting
G. Meetings
1. The following meetings will be apart of this task:
a. The EN INEER's REAL ESTATE AGENT will inake five contacts with each
property owner as part of negotiating the right-of-way.
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b. The ENGINEER will attend two organi alional meetings with the CITY to discuss
the Negotiating Process.
c. In addition to the meetings listed in items a and b above, the ENGINEER will conduct
general project progress meetings with the CITY on a semi-monthly basis (every other
wee/ to discuss items associated with this task.
TASK 3—CONDEMNATION
A. Condemnation
1. The ENGINEER's REAL ESTATE AGENT will provide services to assist the IT 's use of
its power of eminent domain in acquiring the right-of-way/easement.
2. The ENIIEER's REAL ESTATE AGENT will submit property owner's names on those
parcels where negotiations were unsuccessful to the CITY. The CITY will be responsible for
preparing and approving a resolution authoriing condemnation of the needed parcels.
3. Upon request of the CIT 's legal advisor, the ENG EER's REAL ESTATE AGENT will
request an updated title commitment from the Title Company.The NG EEI 's REAL
ESTATE AGENT will provide the CITY with an updated appraisal report, as prepared in the
above section B, on each of the parcels requiring cond r ation, if necessary,
4. The EN MER's REAL. ESTATE AGENT,upon receipt of the appraisal and title
commitment will prepare a final offer letter for approval to the CITY. At the request of the
CITY, the ENGMER's REAL ESTATE AGENT will mail the final offer letter to the
property owner.
5. The ENGINEER's REAL.ESTATE AGENT will prepare and furnish to the CITY's legal
advisor a "file package consisting of updated title commitments, updated appraisal reports,
nght- f way agents reports, legal descriptions and any other information in the E GE EER's
READ ESTATE AGENT files for the legal advisor's use in the required condemnation
actions.
6. The ENGMEI 's REAL ESTATE AGENT wi}1 assist the C IT 's legal advisor in preparing
for the special commissioners hearings as requested by the legal adviser and attend up to
three 3 meetings or conferences. This scope does not include the Appraiser Expert witness
Testimony.
+7. This scope includes conden-nation services associated with up to three parcels.
Unreasonable amounts of coordination associated Frith condenmation services for these three
(3)parcels by the ENGINEER and/or the ENGE14EEI 's REAL ESTATE AGENT will be
considered Additional Services. Condemnation services for more than three 3 parcels will
be considered Additional Services.
B. fleeting
1. The following meetings will be a part of this task
a. The ENC H EER will attend three organizational meetings with the CITY to discuss
the Condenynatxon Process, ---�---
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TASK 4—PRELIMINARY DESIGN
Dace the alignment has been approved by the CITY, the ENGfNEE will proceed with the following
Preliminary Design tasks:
A. Design Survey
1. The ENGINEER will perfornn a design level survey. Survey limits will be from right-of-way to
right-of-way for Boat Club Road containing existing or proposed utilities, from the North edge
of pavement of Robertson Road south to point 75-feet South of the proposed -inch raver
water pipeline. For the North South section extending from Robertson Road to the Eagle
Mountain darn, the limit will he 75-fect each side of the proposed pipeline. This will include
cross sections of the river as water flow allows. No sur-vey will be done on private property
without prior written permission from the property owner.
2. The survey will obtain the following infonation,if available:
a. Existing surface features and vertical infonnation on sanitary sever con-rponents such as
manholes and c lanouts.
b. Existing surface features and vertical information on water system components such as
valves (top of riot elevation), meters,and fire hydrants.
c. water meters will be identified by CITY Meter Number, if possible. The size of water
meter will also determined, if possible.
d. Existing surface features and vertical l fonnatlon on franchise utility infrastructure such as
rnanholes,risers, line markers,and utility poles.
e. Existing surface features and vertical information on storm drain system components such
as manholes,inlets, and catch basins.
f. Street signs and traffic control bones.
Right-of-way lines and comer clips.
h. Building comers within 10 linear feet of the survey corridor.
i. Fences within to linear feet of the survey corridor.
j. 'Trees 12-inch In diameter and larger within the right-of=wy or easement.
1 . Irrigation heads and control valves located within the survey corridor.
1. Sidewalks,back of curbs and edges of pavement within the survey corridor.
nY. Driveway locations within the survey corridor.
n. other topographic information critical for design.
3. The ENGINEER will establish horizontal and vertical project control at 1,500 foot intervals
throughout the length of the project. The project control will be based on NAD 83 coordinate
system by using the CITY reference station at Meacham Airport.
4. The ENMINTER will establish horizontal and vertical project control monumentation
consisting of three control point locations agreed upon by the ENGINEER and CITY,
5. The ENGINEER will research Tarrant Counter Appraisal District records to determine current
owners shown on their records and provide names and addresses of each tract adjacent to the
proposed route. The ENGINEER will obtain either copies of recorded plats or individual deeds
of each tract not platted. Right of Entry requests will be prepared and mailed to e y•;
owner prior to field surveys. Y,Ir; ty r. �-
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6. The ENGINEER will perform boundary surveys necessary to prepare Parcel Plats and Legal
Descriptions for either n'ght-of-way right-of-way or easement acquisition and temporary construction
easements for up to six (6)parcels.
B. Subsurface Investigation
1. The ENGMER will identify locations for geotechnical investigations along the route of the
proposed -inch rater water pipeline. [gyp to thirteen 1 locations will be bored to depths
ranging from -feet to -feet, approximately every 1,000-2,000 linear feet, depending upon
their proximity to non-open cut areas. In the floodplain area, up to three munitoring wells
will be placed with up to six peiorneters to record ground water levels. Soil samples from
the approximate pipe depth will be forwarded to the ENGINEERs corrosion subconsultant.
eotechnical investigations will be performed by the ENG EE 's geotechnical
subconsultant.
C. Cathodic Protection System
The scope of work includes field I'Dvestigations, laboratory testing, electTieal continuity testing,
current requirement testing, data analysis and reports to evaluate approximately 15,200 linear feet
the proposed -inch raw water pipeline and approximately 15,200 linear feet of the existing
54-Inch raw crater pipeline routed between the Eagle Mountain water Treatment plant and the
Eagle Fountain Raw water Pump Station.
1. Document Review and Project Management
This task consists of all the preparatory work required in the office, The specific elements are
as follows:
a. The ENGINEER will review records fox any history of corrosion related failures and/or
operational problems, data from previous corrosivity studies and any existing corrosion
protection records associated with the existing -inch rave water pipeline. The
ENGMER will confirm the location of electrical isolation devices, including the Raw
Water Pump Station and the Eagle Mountain water Treatment Plant in the operations
review.
b. The ENGINEER will review the pipeline alignment with respect to crossings of foreign
pipelines and paralleling utility systems. Existing cathodic protection systems and
locations of foreign line test stations will be identified.Foreign pipeline crossings will he
considered,
c. The ENGMER will evaluate the pipeline alignment for passible induced AC interference
and the need for protection under fault conditions.
d. The ENGINEER will review as-wilt drawings and specifications for the existing -inch
raw water pipeline. The purpose of the review will be to determine current pipe depth,
location of pipeline features and to select field sites for testing.
e. The ENGfN]EIER will review previous test results on the existing -inch raw water
pipeline to assure incorporation of the earlier data in the evaluation.
E The ENGINEER will assess the need for additional test facilities on the existing -inch
raw water pipeline. 'I'his analsisvil1 them be confirmed during the very Carly stages of the
field survey.
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2. Cathodic protection Field Survey
a. The ENGINEER gill obtain soil resistivity measurements at intervals not to exceed 2,f1 -
feet using AST I(3- 7-95. The measurements will be taken to depths of 5, 10, and 1 -feet.
b. The ENGINEER will test soil samples for moisture content, pH, chloride ion and
conductivity. Water samples will be similarly tested with the addition of sulfate ions.
c. The ENGINEER will create dimensional field sketches of possible locations for Cathodic
protection anodes. Locations of secondary AC service and sites for the installation of
power supplies will be noted.
d. The ENGINEER will coordinate with the Ductile Iron pipe Research Association > IPRA
to select a location to perform a condition assessment of the existing 4-inch raw watex
pipeline.
3. Data Analysis and Lab Work
a. The ENGINEER will evaluate soil resistivity test data including the use of Barnes Lager
techniques for determining resistivitles of the soil layer where the 72-inch raw water
pipeline is to be installed.
b. The ENGINEER will test soil samples in the laboratory for moisture content,pii,chloride
ion concentration, sulfide ion concentration and conductivity. water samples will be
sirrxiarly tested, Frith the exception o rrYOisture content. Su�lf�ate ion concentrations will be
determined for water samples as well.
c. The ENGINEER will tabulate and analyze AC and DC interference test data using
computer models.
d. The ENGINEER will compile data and analyze the conditions for galvanic and electrolytic
corrosion along the proposed pipeline route will be performed.
4. Corrosion Protection Design
Following the analysis of the elee ical data and the soil test results, corrosion protection and
AC/DC interference mitigation requirements will he defined for 2 pipe types (welded steel pipe
and concrete pipe) for the proposed 72-inch raw water pipeline. Design criteria will include
minimizing the impact of the severe soil stresses in the area and a preference for acrificiarl
anode versus impressed current cathodic protection. Specific design deliverables will include:
a. Recommendations for protective coatings based upon AWWA standards for the proposed
72-inch raw water pipeline.
b. Prepare a report that documcnts test data, analysis and an opinion of probable construction
cost for cathodic protection and interference control systems.
I . Hydraulic Analysis Coordination
1, The ENGMER will coordinate with the consulting firm performing the hydraulic analysis for
the rave water pump station and transmission pipeline. The ENGINEER will review the
recommendation provided by the firm and discuss with the CITY any comments resulting from
the ENGINEER's review. Once the CITY approves the firm's reconunendation, the
ENGINEER will be entitled to rely upon this provided information.
E. TxDT, 'Trinity River, and County Crossings
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I. i h NGIN will evaluate possible construction techniques for crossing Boat Club Road
(FM 1 o ,the Trinity Fiver rear the Raw water Pump Station, Robertson Toad, and I lel lay
Road. These services will include: review of subsurface conditions, development of design
criteria, excavation and support procedures, development of cross sections, and structural
computations for initial and final support.
2. The ENGINEER will prepare a brief letter report summarizing recommendations.
3. The ENGINEER will meet with the CITY to discus recommended construction techniques
for the crossing.
F. Instrumentation and Controls
1. The ENGINEER will attend one l Instrumentation and Controls workshop and coordinate
with necessary pump station and treatment plant consultants to accommodate their
communication system design.
G. Plans
1. 'Fhe ENGINEER will prepare "x34'7 preliminary plan sheets at a scale of 1"'=40"
horizontally. The plan sheen will contain the following inf r ati n:
a. Cover Sheet
b. Overall location map
c. Preliminary reference sheet
d. Survey control sheet
e. General Notes
i. Preliminary General Dotes
i i. Benchmarks
iii. Legend
iv. Contact list
f: Survey Information
g. Water line alignment(plan vier, single line only - 19 sheets)
i. Location of appurtenances to include seniee valves, manholes, meters, change in
pipe size, fire hydrants, Ilea routs, bores, connections to existing utilities, and
other structures.
11r Preliminary water line stationing
iii. Dimensions for right-of-way and water and/or sanitary sewer lines location
relative to the right-of-way.
iv. Identif y utilities and appurtenances to be abandoned or removed
v. One interconnection to the -inch raw water line
vi. Legend
vii. Forth arrow and scale
viii.Warning to Contractor of franchise utility locations and contacts
i . City of Fort worth map reference number
. Match lire locations
h. Details
i. Applicable Standard Fort Worth Water Details
i. Preliminary Specifications
i. General Conditions a__
ii. Technical Piping Specifications
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H. Deliverables
L Deliverables will consist of the following:
. Fire copies of Letter Report fog-Cathodic Protection
b. Five copies of Letter Report for TxD T,Trinity River, and Tarrant County Crossings
c. Five copies of Preliminary Plans
d. Two sets of Preliminary Specifications
e. Five copies of preliminary Opinion of r babl e Construction Cost
f. Three copies of a letter addressing CITY comments
. Monthly MWBE reporting
1. Meetings
1. The following meetings are included as part of this task
a. The ENGINEER will attend semi-monthly progress meetings with the CITY.
b. The ENGINEER will attend one 1 meeting to present preliminary design and
deliverables.
c, The ENGINEER will attend one 1 public meeting.
d. The ENGINEER will prepare and conduct one 1 public meeting to present preliminary
design,
e. The ENGINEER will attend one 1 Instrumentation and Control Workshop.
TASK 5-ANAL DESIGN
Once the Preliminary Design has been approved by the CITY, the ENGDW.,ER will proceed with the
following Final Design tasks:
A. TxDT, Trinity River, and Tarrant County Crossings
1. The ENGINEER will develop construction plans, details and specifications for the
crossing of Boat Club Road (FM 1220), the Trinity River neap' the existing Raw water
Pump Station,Robertson Road, and McNay Road.
B. Corrosion Protection Design
1. The ENGINEER will provide specifications for pipe joint electrical continuity bonding,
flange isolation, electrical isolation at cased crossings (for the proposed -inch raw
water pipeline). Test stations, stray current interference mitigation at foreign pipeline
crossings, AC interference mitigation.,and cathodic Protection.
2. The ENGINEER will submit drawings, as appropriate, in conjunction with each of the
above listed specifications. Plan views of all AC and DC interference mitigation and
cathodic protection designs will be prepared. The locations of typical test stations and
other cathodic protection or AC/DC interference mitigation devices will he scheduled and
included in the drawings.
3. The ENGINEER will prepare installation and material specifications ications and drawings for
installation of nine 9 proposed test stations along the alignment of the existing -inch
pipeline.
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C. Plans
L The ENGINEER will prepare "x34#' final plan sheets at a scale of 1""=40" horizontally
an d 1"=4' vertical i t. The pl are sheets w]11 con tarn the f l 1 owing In form t1 n
a. Cover Sheet
b. Overall location map
c. Reference sheet
d. Survey control sheet
e. General Notes
J. General Notes
ii. Benchmarks
M. Legend
1 . Contact list
f. Sequencing and shutdown notes
g. Water line alignment(plan view, double line drawing and profile sheets— 18 sheets)
i. Location of appurtenances to include service valve, manholes, meters, change
pipe size, fire hydrants, clenuts, bores, connections to existing utilities, and
other structures.
11. Hriontl alignment will include station and offsets, dimension from right- f-
way, and northing and easting c ll ut . A horizontal control point will be
included on each line segment.
iii. The profiles will include top of pipe clluts every 1 -feet air crxticl
appurtenance locations. The grade of the water line will also be included.
i . Thrust restraint will be indicated for the proposed pipeline.
v. Pavement repair,surface restoration and backfill requirements.
h. Details
j. Applicable Standard F rt Worth Water Detail s
ii. Details developed specifically for this project, including air release and vacuum
valves and vaults, cathodic protection system, tunneling, pipe assembly detail,
blow off valve details, temporary road construction details and other details
required for construction of the project.
i. Traffic Control Plans
I. The ENGINEER will prepare traffic control plans for construction of the
proposed raw water line for submittal to TxT in accordance with TxIT
gi udel ines.
The ENGINEER will prepare a Storm Water Pollution prevention Plan SWPPP .
I . Specifications
1. Specifications will include:
. Notice to Bidders
b. Agreement
c. Bid form for up to three separate contractors
d. l i WBE Requirements
e. General Provisions
f: Supplemental Provisions
g. Technical Specifications
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E. Permitting
1. The ENGINFER will prepare and submit for approval the permit form and d required
information to obtain a'TxDOT permit for the Boat Club Road Fri 1220)crossing,
2. The ENGINEER will prepare and submit for approval the permit forms and required back
up materials for the TXU right-of-way crossing.
3. The ENGfNEER will prepare and submit for approval the forms and required back up
materials to obtain a Warrant County permit for the crossing of Robertson Road and McN y
Road.
4. Any environmental or archeological related permits to the Corps of Engineers or other
agencies are to be performed by other consultants on behalf of the CITY and are not
considered part of this contract.
F. Deliverables
1. Deliverables for 75% submittal will include:
a. Five 5 copies of 75% Plans
b_ Five 5 sets of 75% Specifications
. One 1 Opinion of Probable Construction Cost
2. Deliverables for 5%submittal will include:
a. Five 5 copies of 5%Plans
b. Five 5 sets of 5% Speefficati ns
c. Thirteen 1 copies of 5%plans for Franchise Utility Company review
d. One 1 set of Traffic Control plans for CITY T Pw review
Deliverables for final bidding documents will include:
a. Five 5 copies of Final Plans
b. Five 5 sets of Final Specifications
ication
c. One 1 rnylar copy of the Cover Sheet for execution by the CITY
d. One 1 copy of Opinion of probable Construction Cost
e. Three copies of a letter addressing CITY comments
4. Monthly TRI BE reporting
G. Meetings
1. The following meetings are anticipated to be part of Final Design:
a. The ENGINEER will attend semi-monthly progress meetings with the CITY.
b. The ENGINEER will attend one meeting to present 75%design and deliverables.
. The ENGINEER will attend one meeting to Ares nt 5% design and deliverables.
14 of 1
TASK —ADVERTISING AND BIDDING SERVICES
Once the Final Design has been approved b y the CITY, the ENGINEER will proceed with advertising
and bidding services. The following tasks will be performed as part of these services:
A. Advertisement Services
1. The ENGINEER will have thirty-five sets of the bidding documents reproduced. If
additional sets are required for issuance it will be considered additional services.
2. The ENGINEER will prepare a Notice to Bidders for publication by the CITY The CITY
will be responsible for publication of the notice. The ENGMER will be responsible for
distribution of bidding documents to prospective contractors, suppliers and plan rooms. The
ENGINEER will charge prospective contractors, suppliers and plan rooms a non-
refundable fee of $100.00 for each set of bidding documents. This 100.00 fee
reimbursement is included in the fee for this contract.
3. The ENGINIEER ENGINEER will conduct a pre-bid conference to answer questions about the project.
4. The ENGINEER will provide support to CITY staff during the advertisement phase of the
project, answer questions from bidders, issue interpretations of the contract documents and
prepare necessary addenda for the project. Addenda will be reviewed and approved by the
CITY prior to issuance.
5. The ENGINEER will attend the bid opening for the project, assist in the review and
tabulation of the bids received, evaluate the apparent low bidder(s) and male a
recommendation regarding the possible award of the contract, The ENGMEER will assist
the CITY by cheeping references of apparent low bidders.
6. The ENGINEER will prepare contract documents for execution by contractor, receive and
review such documents for completeness and forward to the CITY for review and
execution.
B. Deliverables
1. The following deliverables are anticipated for the Advertising and Bidding task:
a. One 1 id Tabulation
b, One 1)Recommendation of Award Fetter
c. Seven sets of executable Contract Documents
d. Thirty-five sets of bound bidding documents
TASK -CONSTRUCTION PHASE SERVICES
ENGINEER will provide professional construction phase services for construction of the proposed Eagle
Mountain Raw water Pipeline improvements and for the rehabilitation of the existing -inch raw water
pipeline, for the purpose of providing assistance to CITY dur'ng construction. These services are as
shown below. Construction Phase Services will not include services related to inspections or testing,
applications for payment, disagreements between the CITY and the Contractor, or determination of
substantial completion. These services will be considered Additional Services.
T;�
II t i 4 i
15 oft
A. pre-Construction Conference
I. The ENGfNEEI will attend a Pre-Construction Conference prior to commencement f work
at the site.
B. Visits to Site and Observation of Construction
1. Provide ors-site construction observation and attend monthly on-site construction progress
meetings It is anticipated that the ENGINEER will attend one progress meeting and visit the
site for observation at that time, once a month for a per'od of 12 months. Additi n l site
visits will be considered additional services. Observations will vary depending on the type of
work being performed by the Contractors, the location, and the Contractorsi schedules.
2. Male visits to the site at intervals as directed by CITY in order to observe the progress of the
work. Such visits and observations by ENGINEER are not intended to be exhaustive or to
extend to every aspect of the Contractor's work in progress. Observations are to be limited to
spot checking, selective measurement, and similar methods of general observation of the
work based on the EIINEEI 's exercise of professional judgment. Based on information
obtained during such visits and such observations, ENGINEER will determine if the
Contractor's work is generally proceeding in accordance with the Contract Documents, and
the ENGWEEF will keep CITY informed of the general progress of the Work,
3. The purpose of the ENGINEER's visits to the site will be to enable the ENGINEER to better
carry out the duties and responsibilities assigned in this Agreement to the ENGINEER during
the construction phase by the CITY, and, in addition, b y the exercise of the E GINEEF 's
efforts, to provide the [CITY a greater degree of confidence that the completed work will
conform in general to the Contract Documents and that the integrity of the design concept of
the completed project as a functioning whole as indicated in the Contract Documents has
been implemented and preserved by the Contractor. The ENGINEER will not, during such
visits, or as a result of such observations of the Contractor's work in progress, supervise,
direct, or have control over the Contractor's work,, nor will the ENGINEER have authority
over, or responsibility for, the means, methods, techniques, equipment choice and usage,
sequences, schedules, or procedures of construction selected by the Contractor, for safety
precautions and programs incident to the Contractor's wort , nor for any failure of the
Contractor to comply with laws and regulations applicable to the Contractor's furnishing and
performing the work. Accordingly, ENGINEER neither guarantees the performance of any
Contractor, nor assumes responsibility for any Contractor's failure to furnish and perform its
work in accordance with the Contract Documents.
C. Recommendations with Respect to Defective Work
1. The EN n 3EEI will recommend to the CITY that Contractor's work be disapproved and
rejected while it is in progress if, on the basis of such observations, the ENGINEER believes
that such work will not produce a completed project that conforms generally to the Contract
Documents or that it will prejudice the integrity of the design concept of the completed
project as a functioning whole as indicated in the Contract Documents.
D. Clarifications and Interpretations
1. The ENGINEER will issue necessary clarifications and interpretations of the Contract
Documents to the CITY as appropriate to the orderly completion of the Contractor's work.
16 of 1
Such clarifications and interpretations will be consistent with the intent of the Contract
Documents. Field Orders authorizing variations from the requirements of the Contract
Documents will be made by the CITY.
E. Shop Drawings and Samples
1, The ENGINEER will review and approve or tale other appropriate action in respect to Shop
Drawings and Samples and other data which the Contractor is required to submit, but only for
conformance with the information given in the Contract Documents and compatl'bilit r with
the design concept of the completed project as a functioning whole as indicated in the
Contract Documents. Such review and approvals or other action will not extend to means,
methods, techniques, equipment choice and usage, sequences, schedules, or procedures of
construction or to related safety precautions and programs.
F. Substitutes and "or-equal"
1. The ENGINEER will evaluate and determine the acceptability of substitute or "or-equal"
materials and equipment proposed by Contractor in accordance with the Contract Documents,
but subject to the provisions of applicable standards of state or local govemment entitles.
G. Limitation of Responsibilities
1. The ENGINEER will not be responsible for the acts or omissions of any Contractor,or of any
of their subcontractors, suppliers, or of any other individual or entity performing or furnishing
the work. The ENGINEER will not have the authority or responsibility to stop the work of
any Contractor.
H. Final Notice of Acceptability of the Work
1. The ENGINEER will conduct a final site visit to determine if the completed Work of
Contractor is generally in accordance with the Contract Documents and the final punch list so
that the ENGINEER may recommend, in writing, final payment to Contractor.
Accompanying the recommendation for final payment, the ENGINEER will also provide a
notice that theWOTk is generally in accordance with the Contract Documents to the best of the
E I EEi 's knowledge, information, and belief and based on the extent of the services
provided by the ENGINEER under this Agreement and based upon information provided to
the ENGINEER upon which it is entiticd to rely.
1. Record Drawings
1. The ENGINEER will prepare Record Drawings. Record Drawings will be revisions to the
construction drawings that reflect changes during the construction process reported to the
ENGINEER by the Contractor and are considered to be significant.
2. The record Drawings are net guaranteed to be "as built", but are based on the information
made available.One 1 set of Record Drawings on mylar will be delivered to the CITY.
J. Corrosion Prevention of the Existing -inch Raw water Pipeline
1. Field Survey
17of1
This task consists of the actual field testing to be performed during the construction of the
proposed -inch raw water pipeline. The ENGINEER will conduct field tests to determine
if the existing 4-Inch raw water pipeline is electrically continuous. This study will include
the following tests in addition to the tests that were performed in Task , Preliminary Design:
a. The ENGINEER will survey the existing " raw water pipeline alignment with respect
to crossings of foreign pipelines, structures and paralleling utility systems and identify
existing cathodic protection systems and location of foreign lire test stations.
b. The ENGINEER will conduct tests along the pipelines for stray DC earth current activity
including structure-to-soil potential measurements on the existing -inch raw water
pipeline. These tests are performed where access to existing structures is available,
including power pole grounds and pipeline crossings. Record earth gradient
measurements where points of contact on existing structures are limited.
c. The ENGIEER will utilize the nine new test stations to conduct current requirement
testing to evaluate the polarization characteristics and complete conductivity testing of
the existing " raw water pipeline.
d. If the existing -inch pipeline is found to be electrically discontinuous, additional
detailed continuity testing will be required. If required, any additional continuity testing
will be provided as Additional Services and is not included in this scope of services.
2. Data Analysis and Recommendation
a. Electrical continuity test data will be tabulated and analyzed.
b. AC and DC interference test data will be tabulated and analyzed using computer models.
c. All data will be compiled and an overall analysis of the condition of the existing pipeline
performed and galvanic and electrolyte corrosion along the proposed pipeline route
determined.
d. Based upon the analysis, the ENGINEER will male recommendation on whether the
CITY will need to excavate the existing -inch raw water pipeline to visually inspect for
the degree of corrosion on that pipeline. Services associated with the actual inspection of
the pipeline will be considered Additional Services.
e. The ENGINEER will recommend modifications to the design quantities of the system for
the existing -inch raw water pipeline.
I . Deliverables
1. The following deliverables are anticipated for the Construction Phase Smices task:
a. One 1 Letter of Recommendation for design quantity changes
b. One 1 Letter of Rec nu nendati n on additional inspection
L. Meetings
1. The following meetings are anticipated to be part of Construction Phase Services:
a. The ENGINEER will attend one 1 meeting for review of findings on the existing -
inch raw water line.
b. The ENGINEER will attend monthly progress mectings and site visits with the CITY.
18 of 1
ATTACHMENT"B"
Comt)ensation
I. Professional Engineering Services
For all professional engineering services included in ATTACHMENT "A", Section I, Basic Services
of the General Scope of Services, the CITY agrees to pay the ENGINEER on a cost plus maxi mum
basis. The total amount of the contract will not be exceeded without a modification to this
agreement; however, any task may be exceeded as long as the PROJECT total is not exceeded.
Recommend budgets are as follows:
:
■ Task 1 —pouting and Alignment Study $ 52,970
■ Task a—Easement/Right-Of-Way Acquisition $ 881740
a Task b—Title Policies 81POO
■ Task —Condemnation $ 1951
• Task 4—Preliminary Design $2657344
■ Task —Final Design $235,346
■ Task —Advertising/Bidding/Construction Contract Award $ 20,1 f
■ Task 7—Construction Phase Services $11 1
Total compensation to be paid to the ENGINEER will not exceed $7999855
II. Basis for Compensation
The CITY will compensate the ENGINEER for the various items listed above on a reimbursable
basis, where the total contact amount may not be exceeded without an amendment, task budget may
be exceeded.
Monthly statements for reimbursable services will be based upon time directly chargeable to the
project by the various types of individuals employed by the ENGINEER in accordance with the rate
schedule in effect at the time of the services. ENGINEER may revise the rate schedule on January I
of each year.The year 2004 rate schedule is attached.
Monthly statements for reimbursable services performed by subonsultants will be based upon the
actual cost to the ENGINEER plus ten percent (10%), with the exception of the Easement/Right-of-
Way Acquisition subconsultant where the actual cost only will be billed.
Direct reimbursable expenses for services, such as express mail, fees, out-of town mileage (trips in
excess of 100 miles)and other direct expenses that are incurred during the progress of the project will
be gilled at 1.10 times the ENGWEER's cost.
Are amount equal to six percent % of the NGINEE 's labor fee will be added to each invoice to
ewer certain other direct expenses such as in-house duplicating and blueprinting, 7___) -
of 1 � _
mileage, telephone,postage, and word processing computer time.t `
Kirnl y-H rn and Associates, Inc.
Standard lute Schedule
(Hourly Rate)
Senior Professional 11 $140 -$180
Senior Professional $105 - $14
Professional S55 - $105
Designer $90 - $10
Technical Support S40 - $90
Clerical/Administrative Support S50 - $6
Effective January 1, 2004
oft
ATTACHMENT " #1?!
M[WBE Sum nar r
Eagle Mountain -inch Raw water Transmission Pipeline
Task Description Fee 1 I VB %
Task ] —Routing and Alignment Study $ 52,970 $ 700
Task 2 —Easement/Right-Of-Way Acquisition $ 96,740 $ 72,900
Task 3 —Condemnation $ 19,100
Task 4—Preliminary Design $ 265,344 97,300
Task 5—Final Design $ 235,346 $ 700
Task 6—Advertising/Bidding/Construction Contract Award $ 20,1 $ 39,400
Task 7—Construction Phase Services $ 110,215 $ 1,500
Total Project $799,855 $1767500(22-07%
NIPWBE Subconsultant Services Fee
Surveying and Mapping, Inc. Survey $ 1069500
James Daniels&Associates, Inc. Easement Acquisition $ 40,500
QTE Group, Inc. Geotechnical $ 22150
Alpha raphic # (ML Holding) Printin /Reproducti n $ 7,1000
Total 1767500
Non-MIWBF Subc nsultant Services Fee
CMJ Engineering, Inc. Ge tecbnical $ 121000o
Dr. G Sauer Corporation Tunneling $ 493600
Cormro Companies Companies% Inc. Corrosion Protection $ 56,450
Total 1185050
This attachment is provided for informational purposes only to h r the projected plan to meet the
M[WBE goal of 18%. The actual dollars paid by the ENGMER to CBE subconsultants may
vary for each task as well as for each subconsultant.The subconsultants listed are those intended for
use on this project, but the actual subconsultants used may vary.
i
F i
f
1 Of 1 - -
ATTACHMENT cICC91
Amendments to Standard Agreement
No modifications to the Standard Agreement were necessary for this project.
.'I'F4-
L
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ATTACHMENT LLD"
Schedule
ENGINEER will endeavor to meet the CITY's scheduling needs on this project. The ENGINEER
will complete the tasks d fin basks 1-6, in the Scope of Services in 575 calendar days.
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DATE JUNE 2004 � Iimly-Horn
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ACORDTm C OF LIABILITY INSURANCE DATE(mWDWYYYY)
0812 5104
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BB&T Insurance Services, Inc. ONLY AND coNrERS NO RIGHTS UPON THE CERTIFICATE
7823 National Service Road HOLDIER.THIS CERTIFICATE DOES NOT AMEN EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES EIE LOW-
and Floor
Greensboro, NC 27419 INSURERS AFFORDING COVERAGE E NAI #
INSURED Iimle]=Horn and A3aociates, Inc. INSlR=AA: Lexington Insurance Co. PAC
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PO Box 33068 WSURER D;
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COVERAGES
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CERTIFICATE ATE HOLDER CANCELLATION
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08/25/2004
MOWER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
A CRD-tE INSML LA UE AG ENC j INC. ONLY AND CONFERS NO BIGHTS UPON THE CERTII*I AT
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INSURERS AFFORDING CCI ERA E�
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M&C Request Review Page I of
AAh.1 jL FO T WO T
Al 001 a FRO
Pr
COUNCIL ACTION: Approved on 812412004
DATE: 812412004 REFERENCE No.: -20237 LOG NAME: 60PIPELI
CODE: C TYPE; NON-CONSENT T PUBLIC HEADING: NO
SUBJECT: Engineering Agreement with Kirnley_Horn & Associates, Inc. for the Eagle Mountain Flaw 1�
Transmission Pipeline
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agr emi
with Kimley-Horn & Associates} Inc. in the amount of$799,855 for the design of the Eagle Mountain a
Water Transmission Pipeline,
D SCUSSIoN:
The Eagle Mountain Water Treatment Plant EMWTP is are approximately 60 million gallon per day 1
water treatment plant. The original 30 MGD plant was completed in 1992 and a 30 MGD expansion wee-
completed in 2001. The existing raver water delivery system consists of an intake structure, pump statio
pipeline with a hydraulic capacity matching the existing plant capacity of 60 MGD.
On March 13, 2002 (M&C C-19013), City Council authorized the execution of an engineering agreemer
Freese & Nichols for the update to the Water Distribution System Master Plan. This study provided boti
estimates and schedules for major water capital improvement projects through the year 2025.
The update to the Water Master Plan contains projections for continued high rate of population growth
corresponding potable water demands within the Fort Worth service area. Specifically, within the NortV
pressure planes the population is expected to increase from approximately 64,,000 to 104,000 people b
2007. North Side pressure panes include the rapidly growing Alliance Airport, Park Glen: Labe Country
and wholesale customers such as cities of Keller and Southlake.
The Water Master Plan recommends that, as the first phase, the rated capacity at the Eagle Mountain I
Treatment Plant EMWTP be expanded by a minimum of 35 million gallons per day (MGD) by the sum
2007 in order to meet the projected water demands of the retail and wholesale customers located in th
northern part of the city_
The Fort Worth Water Department solicited proposals frorn engineering firms for the design of the Eagl,
Mountain Raw Water Transmission Pipeline. Kimley_H rn & Associates, Inc. was selected for the deli±
this project.
As part of the scope of work contained within this engineering agreement, Kimley-Horn & Associates, Ii
design a new parallel raw water transmission main from the proposed raw water pump station to the
E WTP. The scope includes an evaluat;on of the cathodic protection system on the existing Eagle M
Water Pliant raw water transmission pipeline. Kimley-Horn & Associates will coordinate with the progra
manager as well as the two consultants selected to design the plant expansion and the new raw water
and pump station.
h :l tww . net,or ounciI—Pa ket mc—r iew. p` f =2 2&cou c1Id to=8124/2004 812512004
-�
. M&C Request Review age 0f 2
This project is located in COUNCIL CIL DISTF ICT 7.
Kiml -H rn & Associates, Inc., is in compliance with the City's Mf BE ordinance by rr mittin to 2
MA BE participation. The city's goal on this project is 18%.
FISCAL INF RMATI NI E TIFI ATI N:
The Finance Director certifies that fends are available in the current capital budget, as appropriated, of
Water Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/AccountJCenters
P164 531 200 060164952005 $7992855.01
Submitted for Cit ManaQers Office by Marc Ott (8476)
Originating Department Head: Dale Fi eler (8207)
Additional Information Contact: Dale Fi eler (8207)
ATTACHMENTS
http: rww. f re t.org couneil—p el et mc—review.a sp?I =25 72&e uneil to=8/24/2004 8/25/2004