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HomeMy WebLinkAboutContract 44676 (2)CITY SECRETARY CONTRACT ( - COTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES 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: Caylor 5.0 Million Gallon Ground Storage Tank and Associated Site Piping. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $422,850 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 1 of 16 to.crtivEni /thG, - 2O1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 3 of 16 (3) 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. When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 4 of 16 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 Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/26/2013 Page 5 of 16 (3) 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. ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 6 of 16 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. (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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 7 of 16 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. 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 8 of 16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 9 of 16 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 10 of 16 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 11 of 16 no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 12 of 16 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER 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; City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 13 of 16 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 ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 14 of 16 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 15 of 16 Executed and effective this the BY: CITY OF FORT WORTH 2-?vi-Aqtg-ne Fernando Costa Assistant City Manager Date: 7/3 //3 APPROVAL. RECOMMEND cm/iv By: S. Frank Crumb, P.E. Director, Water Department dfiir day of trot) , 20)) BY: ENGINEER Kimley-Horn and Associate, Inc. Glenn A. Gary, P.E. Senior Vice President Date: %- APPROVED AS TO FORM AND M&C No.: C-26358 LEGALITY By: /t 1 / ,tL'. r]vi 1,' vw --Dauglas_W. Black , c h e / (e ,-- . Assistant City Attorney.izp 4'�'�14 414. O r 4( ATTEST: �� «°°°o°°oop �Q%%0, °0g 'vow 8.4 M&C Date: 7/23/2013 �,,�<prig Mar`yJ. Kayser (J P�oq° °o�.�� City Secretary �g °0000a°° ,a City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 16 of 16 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 ATTACHMENT A Scope for Engineering Design Related Services for Water Improvements DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 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. WORK TO BE PERFORMED Phase 1. Design Services Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Phase 2 Bidding Services Task 5. Bid Phase Services Phase 3 Construction Services Task 6. Construction Phase Services Phase 4. Division 01 Specifications Task 7 Division 01 Specifications PHASE 1 DESIGN TASK 1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall 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 • Lead, manage and direct design team activities City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • 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 • Conduct review meetings with the CITY at the end of each design phase • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Water Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design: Church of Christ, City of Southlake, Subdivision HOA. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • 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 • 20 MWBE reports will be prepared • 9 meetings with city staff • 8 monthly water department progress reports will be prepared • 8 monthly project schedule updates will be prepared DELIVERABLES A. Meeting summaries with action items B. Monthly invoices City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 2 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to • Study the project, • Identify and develop alternatives that enhance the system, • Present (through the defined deliverables) these alternatives to the CITY • Recommend the alternatives that successfully addresses the design problem, and • Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. • The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. • The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. 2.2. Geotechnical Investigations • ENGINEER's subconsultant will perform up to two (2) preliminary soil borings at a depth of 60' to determine preliminary site soil conditions and how they will affect the tank design. A preliminary letter report will be provided summarizing the findings. 2.3. The Conceptual Design Package shall include the following: • Cover Sheet City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 3 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 • Graphic exhibits and written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. • Summary of Site Alternatives to include: • Evaluation of Existing Site access, constructability, grading requirements, foundation requirements, and necessary easements • Alternative Site Evaluation including: access, property acquisition impacts, grading, foundation requirements, required easements, platting impacts, and scheduling concerns. • An Opinion of Probable Construction Cost will be prepared for each alternative. • Tank Material Evaluation • Contact two (2) steel tank manufacturers and two (2) prestressed concrete tank manufacturers to obtain current tank costs. • Evaluate results and summarize findings in a letter submitted to the City. • Documentation of key design decisions related to: • Hydraulics, Electrical improvements, SCADA improvements, Tank requirements and appurtenances, and Site Improvements • Estimates of probable construction cost. ASSUMPTIONS • 2 Geotechnical borings are expected for this project. • 5 copies of the conceptual design package (30% design) will be delivered.. Letter Report shall be letter sized and comb- bound with a clear plastic cover. Drawings will be _11x17 size fold outs bound in the report • ENGINEER shall prepare the meeting notes of the Concept Review meeting and revise the report, if needed. • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 4 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet • A Proiect Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall proiect easement layout sheet(s) with property owner information. • Overall proiect water and/or sanitary sewer layout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. • Overall water and/or sanitary sewer abandonment sheet. • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. • Bench marks per 1,000 ft of plan/profile sheet — two or more. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. • Plan Sheets will consist of approximately 13 Sheets including: Site Plan, Paving Plan, Grading Plan, Drainage Plan, Yard Piping Plan, Piping Profiles, Tank Plan View(Two Tank Materials), Tank Elevation View(Two Tank Materials), Tank Details, Control Valve Vault and Details, Erosion Control Plan. • The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-section of the CITY's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 5 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. 3.2. Geotechnical Investigation • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. Four (4) soil borings will be performed within the tank footprint at depths of 60 feet. A Geotechnical Report will be prepared summarizing the insitu material characteristics and recommendations for construction of the ground storage tank. 3.3. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4. Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. 3.5. Traffic Control Plan • Traffic Control Plans will not be prepared for this project. ASSUMPTIONS • 1 public meeting(s) will be conducted or attended during the preliminary design phase. • 4 borings at an average bore depth of 60 feet each will be provided. • 5 sets of 11x17 size plans will be delivered for the Preliminary Design (60% design). • 2 sets of specifications will be delivered for the Preliminary Design (60% design). • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 6 of 18 ATTACHMENT DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 • 1 sets of DWF drawings will be delivered on BuzzSaw for Utility Clearance. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Estimates of probable construction cost D. Data Base listing names and addresses of residents and businesses affected by the project. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. • For projects that disturb an area greater than one-half (1/2) acre, the Engineer will prepare the application for the Grading Permit to include a Stormwater Management Plan; iSWM plan submital; and an Urban Forestry Permit. • The Stormwater Management Plan, iSWM plan, and Grading Permit services will consist of a downstream assessment to determine the capacity of the receiving system, calculations to determine the on -site existing and proposed flows, and coordination with T/PW staff for a streamlined approval of the inter -department agreement. • Preparations for documents or design plans required for the execution of a Storm Water Facilities Maintenance Agreement for on -site or off -site improvements will be considered additional services. • Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 7 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 ASSUMPTIONS • Bid Proposal Form will be prepared for Lump Sum type bidding • 5 sets of 11x17 size drawings and 2 sets of specifications will be delivered for the 90% Design package. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • 5 sets of 11x17 size drawings and 5 specifications will be delivered for the 100% Design package. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • Estimated Plan Sheets: • Cover Sheet • Control Sheet • Easement Layout Sheet • Water Layout Sheet • Water Abandonment Sheet • Plan Sheets Site Plan • Paving Plan • Grading and Drainage Plan • Yard Piping Plan • Piping Profiles • Tank Plan View (Steel and Concrete-2 Sheets) • Tank Elevation View (Steel and Concrete-2 Sheets) • Tank Details (Steel and Concrete-2 Sheets) • Control Valve Vault, Structural & Details • Details 1 • Details 2 • Details 3 • Details 4 - Connections • Erosion Control Plan City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 8 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 • Electrical Sheets (7) DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. Right -of -Way Research • The ENGINEER shall determine rights -of -way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare and submit Temporary Right of Entry documents for landowners to CITY PM for real property acquisition. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • 2 Easements or right-of-way documents will be necessary. • 2 Temporary right -of -entry documents will be necessary. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 9 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 • Right -of -Way research and mapping includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. B. Temporary Right of Entry Letters SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point; a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 10 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall prepare and submit Temporary Right of Entry for landowners to CITY PM. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. Subsurface Utility Engineering A. The SUE shall be performed in accordance with Cl/ASCE 38-02. B. Level A 1. Location (Test Hole) Services: Locating the horizontal and vertical position of the utility by excavating a test hole using vacuum excavation techniques and equipment. In performing locating (test hole) services ENGINEER will: a.) Excavate Three (3) test holes to expose the utility to be measured in such a manner that insures the safety of the excavation and the integrity of the utility to be measured. Excavations will be performed using specially developed vacuum excavation equipment that is non- destructive to existing facilities. If contaminated soils are discovered during the excavation process, the ENGINEER will notify the CITY.Obtain x,y and Z information at each test hole. C. Level B 1. Location of underground utilities by obtaining two-dimensional (x,y) information obtained through the application and interpretation of non- destructive surface geophysical methods will be performed for the 2-acre site. ASSUMPTIONS • Topographic survey at intersection will include no more than 100 ft. in each direction. • 3 Level A SUE locations • 1 Level B SUE for 2-acre site DELIVERABLES A. B. C. Copies of field survey data and notes signed and sealed by a licensed surveyor. Drawing of the project layout with dimensions and coordinate list. Level A and B SUE documentation City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 11 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 PHASE 2 BIDDING SERVICES TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall sell contract documents (11x17 and 22x34 plans) and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. 5.2 • Incorporate all addenda into the contract documents and issue conformed sets. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • _5 sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • _10_ sets of _11 x17 size and 5 sets of _22x34 size drawings plans and 10_ specifications will be held at Engineer's office for selling to bidders. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 12 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 • 5 sets of 11 x17 size and 5 sets of _22x34 size drawings plans and 5_ specifications (conformed, if applicable) will be delivered to the CITY. • PDF files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) PHASE 3 CONSTRUCTION SERVICES TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • Visits to Site and Observation of Construction. ENGINEER will provide on -site construction observation services during the construction phase. ENGINEER will make visits at intervals as directed by Client in order to observe the progress of the Work, up to sixteen (16). Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of 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 ENGINEER's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and ENGINEER will keep Client informed of the general progress of the Work. The purpose of ENGINEER's site visits will be to enable ENGINEER to better carry out the duties and responsibilities specifically assigned in this Agreement to ENGINEER, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 13 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 with laws and regulations applicable to 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. • Clarifications and Interpretations. ENGINEER will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by Client. • Change Orders. ENGINEER may recommend Change Orders to Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. • Shop Drawings and Samples. ENGINEER will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given 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. • Substitutes and "or -equal." Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. • Inspections and Tests. ENGINEER may require special inspections or tests of Contractor's work as ENGINEER deems appropriate, and may receive and review certificates of inspections within ENGINEER's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. ENGINEER's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests and the facts being certified. • Disagreements between Client and Contractor. ENGINEER will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, ENGINEER shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. • Applications for Payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, ENGINEER will determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's representation to Client, based on such observations and review, City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 14 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 that, to the best of ENGINEER's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work -in -progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work, ENGINEER's recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in this Agreement. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to Client free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between Client and Contractor that might affect the amount that should be paid. • Substantial Completion. ENGINEER will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of Client, ENGINEER considers the Work substantially complete, ENGINEER will notify Client and Contractor. • Final Notice of Acceptability of the Work. 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 ENGINEER may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of ENGINEER's knowledge, information, and belief based on the extent of its services and based upon information provided to ENGINEER upon which it is entitled to rely. • Limitation of Responsibilities. ENGINEER shall 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. ENGINEER shall not have the authority or responsibility to stop the work of any Contractor. The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list 6.2 Record Drawings • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 15 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylarfor record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the mylars. PDF files shall be uploaded to the project's Record Drawings folder in Buzzsaw. ASSUMPTIONS • 5 RFI's are assumed. • 2 Change Orders are assumed • 75 Shop Drawings reviews are assumed • 16 Site Observation Visits are assumed. • 12 Application for Payment Requests are assumed. • One PDF copy of full size (11"x17") plans will be delivered to the CITY. DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items F. Record Drawings on PDF City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 16 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 PHASE 4 TASK 7 DIVISION 01 SPECIFICATIONS A draft of Division 01 — General Requirement specifications in CSI MF04 format will be developed for consideration by the CITY. The proposed list of specifications will be presented at a kickoff meeting with CITY department staff to solicit feedback and finalize the specifications. Initial, 2nd and Final Draft versions of the documents will be prepared and submitted for review by staff. Workshops will be conducted with CITY staff during various stages of completion of the documents to solicit feedback and comments. Outside consultants that are familiar with the City's facility -type project will also be provided draft documents for review and comment. ASSUMPTIONS • 10 Specifications will be developed. DELIVERABLES A. Division 01 Specifications uploaded to Buzzsaw 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 including temporary right -of - entries. • Document preparation related to property acquisition. • Platting and development services related to property acquisition. • Services related to acquiring a building permit for construction. • Design services related to off -site drainage improvements. • Services related to preparation and execution of Stormwater Facility Maintenance Agreement. • Services related to development of the CITY's project financing and/or budget. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 17 of 18 ATTACHMENT A DESIGN SERVICES FOR CAYLOR 5MG GROUND STORAGE TANK CITY PROJECT NO.: 02111 Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. • Construction Phase Services associated with Weld Testing. • 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 related to submitting for permits (ie.TxDOT, railroad, etc...) Services related to Survey Construction Staking Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right -of -entries. • 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. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 18 of 18 Design Services for Caylor 5MG Ground Storage Tank City Project No. 02111 Time and Materials with Multiplier Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 3.35. Direct Salaries are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll - related taxes, payments, premiums, and benefits. ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. IV. Summary of Total Project Fees Firm Prime Consultant Kimley-Horn Primary Responsibility Fee Amount Design, Bidding, and $316,900 Construction Phase Services Proposed MBE/SBE Sub -Consultants JQ, Inc. Structural Design $13,000 CMJ, Inc. Geotechnical Services $17,000 Gojer-McCreary Electrical Design $30,500 The Rios Group SUE $9,500 Gorrondona and Survey $10,500 Associates V&A Engineering Cathodic Protection $8,200 PIC Reproduction $1,750 Blackstone Engineering Conceptual Design and Review $15,500 Non-MBE/SBE Consultants None $0 Project Number & Name TOTAL Total Fee $422.850 $ 422,850 MBE/SBE Fee $ 105,950 74.9 100% MBE/SBE % 25.06 % 1 City MBE/SBE Goal = 25% Consultant Committed Goal = 25.06 % City of Fort Worth Caylor 5 MG Ground Storage Tank Gty No. 02111 Exhibit a-1 Summary of Fees Kimley-Horn Subconsultants* Gojer- Blackstone Subconsultant Task Labor Expenses JQ CMJ McCreary Gorondonna Rios V&A PIC Engineering TOTAL Total Design Services $161,100 $14,500 $9,700 $15,800 $24,000 $10,500 $9,500 $8,200 $1,750 $15,500 $94,950 $270,550 Bidding Phase Services $19,900 $875 $750 $750 $21,525 Construction Phase Services $97,900 $3,625 $2,550 $1,200 $6,500 $10,250 $111,775 Division 01 Specification Implementation $18,600 $400 $19,000 Total $297,500 $19,400 $13,000 $17,000 $30,500 $10,500 $9,500 $8,200 $1,750 $15,500 I $105,950 $422,850 *M/SBE % 25.06% Kimley-Horn and Associates, Inc. Project Workplan Budget General Project Information Client: Project: KHA No. PM: City of Fort Worth Water Dpt Caylor 5MG GST Jeni Tatum Budget Summary Date: Jun 3, 2013 Fee Information Fee Type: Expense Mult: Computer Mult: Allocation: CP 1.10 0.00 0.0% C7' Fix. Mult. ('' Schedule: Task Budget Summary Task 700 Task 888 No. Task Name 1 Design 2 Bid Phase Services 3 Construction Phase Svcs 4 Division 01 Specs 777 Contingency Hours Labor Expense 1,425 $ 187 $ 923 $ 145 $ 161,100 $ 19,900 $ 97,900 $ 18,600 $ TOTALS:I 2,6801 $ 297,500 I $ 5,000 800 2,600 400 8,800 I $ Allocation Subtotal $ 166,100 $ 20,700 $ 100,500 $ 19,000 - I $ 306,300 Subconsultant Summary Task No. 701 702 703 704 705 706 707 708 Task Name JQ-Foundation Consulting/Structural Design CMJ - Geotech McCreary - Electrical and SCADA Gorrondona - Survey and Easements Rios - SUE V&A - Cathodic Protection PIC - Reproduction Blackstone Engineering rojec = u • ge ummary Effort Totals: Labor: $ Expense: $ TOTAL: $ 297,500 125,345 422,845 Cost Multiplier Subtotal $ 13,000 1.10 $ 14,300 $ 17,000 1.10 $ 18,700 $ 30,500 1.10 $ 33,550 $ 10,500 1.10 $ 11,550 $ 9,500 1.10 $ 10,450 $ 8,200 1.10 $ 9,020 $ 1,750 1.10 $ 1,925 $ 15,500 1.10 $ 17,050 TOTALS:I $ 105,950 I I $ 116,545 K:\FTW_Marketing\Fort_Worth\2013-A-FW W D-RFP\Caylor-GST\PPP\Caylor GST WorkPlanBudgetV5_.xds Page 1 of 11 Printed: 6/3/2013, 12:07 PM ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Caylor 5MG Ground Storage Tank City Project No. 02111 No changes to the Standard Agreement. City of Fort Worth, Texas Attachment C MO Release Date: 05.19.2010 Page 1 of 1 FORT WORTH WATER COPYRIGHT 2011 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAY, Caylor Ground Storage TankTHClICiYIS NOT TO BETAA KERNA FUSED AS DATA PRODUCED F1V ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAT D SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. U o. 8" P.V.C. 42" C none 81" PIV.C,I_ Iv' , ro U a. P.V.C. tJ co re 0 V O. U d co 0 Q 12 " P.V.C. 30 " Ce.,erete 42" Concrete A" PV� TIMBERLAND U d U a o 6" P.V.C. Caylor Site U Legend All Water Lines ♦ Fire Hydrant Tank Site CFW Caylor GST\Caylor GST Site surroundings.mxd (Fgoderya) 06/03/2013 0 100 200 Feet NAD 1983 StatePlane Texas North Central FIPS 4202 Feet ID Task Name 1 2 Contract Execution Notice to Proceed Site Assessment and Conceptual Design 4 Data Collection 5 Preliminary Geotechnical Analysis 6 Topographic Survey 7 Tank Material Evaluation 8 Site Evaluation 9 Hydraulic Analysis 10 Conceptual Design (30%) 11 Letter Summary Report 12 City Review (30%) 13 Preliminary Design 14 Final Geotechnical Analysis 15 Design Plans and Specifications 16 City Review (60%) 17 Stakeholder Meetings 18 Final Design 19 Easement Documents 20 Easement Acquisition 21 Final Plans and Specifications 22 Grading Permit/iSWM 23 Urban Forestry Permit 24 City Final Plan Review (90%) 25 Bid Documents 26 Bidding and Award 27 Advertisement 1 28 Advertisement 2 29 Pre Bid Meeting 30 Bid Opening 31 M/DBE Approval 32 M&C Circulation 33 M&CAward 34 Pre -Construction Meeting 35 Public Meeting 36 Construction 37 Notice to Proceed 38 Substantial Completion 39 Final Completion Project: Caylor_ Date: Wed 7/24 Task Split Milestone Thu 1/30/14 Thu 2/6/14 Thu 2/13/14 Thu 2/20/14 Fri 2/21/14 Fri 3/7/14 Fri 3/28/14 Start Finish Predeci Mon 7/29/1'c Mon 7/29/13 Mon 7/29/13Mon 7/29/13 Mon Fri 10/25/13 2 7/15/13 Tue 7/30/13 Mon 8/12/13 2 Tue 7/30/13 Mon 8/26/13 2 Tue 7/30/13 Mon 8/26/13 2 Tue 8/13/13 Mon 8/26/13 4 Tue 8/27/13 Mon 9/9/13 5,6 Tue 8/13/13 Mon 8/26/13 4 Tue 8/27/13 Mon 9/23/13 9 Tue 9/10/13 Mon 9/16/13 8 Tue 9/17/13 Mon 9/23/13 11 Tue 9/24/13 Mon 11/18/1E12 Tue 9/24/13 Mon 12 10/21/13 Tue 9/24/13 Mon 11/4/13 12 Tue 11/5/13 Mon 11/11/1215 Tue 11/5/13 Mon 11/18/1215 Tue 11/12/1; Wed 1/29/14 16 Tue 11/12/12Mon 12/2/13 16 Tue 12/3/13 Mon 1/27/14 19 Tue Mon 1/6/14 16 11/12/13 Tue 11/12/12 Mon 12/2/13 15 Tue 11/12/1E Mon 11/25/1215 Mon 1/20/14 21 Tue 1/7/14 Tue 1/21/14 Wed 1/29/14 24 Thu 1/30/14 Tue 4/29/14 20,25 Thu 1/30/14 Thu 2/6/14 Thu 2/13/14 Thu 2/20/14 Thu 3/6/14 30 Thu 3/27/14 31 Tue 4/15/14 32 Wed 4/16/14Tue 4/22/14 33 Wed 4/23/14Tue 4/29/14 34 Wed 4/16/14Tue 4/28/15 Wed 4/16/14Tue 4/29/14 33 Wed 4/30/14Tue 3/3/15 37 Wed 3/4/15 Tue 4/28/15 38 imminimil Summary Project Summary ♦ External Tasks Jun 2013 Jul 1 Aug Sep Oct Nov Dec External Milestone P 4 Inactive Task Inactive Milestone Caylor SMG Ground Storage Tank City Project No. 02111 Attachment D- Schedule 2014 Jan 1 Feb 1 Mar 1 Apr 1 May 1 Jun 1 Jul 1 Aug 1 Sep 1 Oct I Nov 1 Dec rmi;r: Inactive Summary Manual Task Duration -only r J Manual Summary Rollup Manual Summary Start -only Finish -only Deadline Progress ♦ Jan Feb 1 Mar 1 Apr May 11 iiil --- - Page 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/23/2013 DATE: Tuesday, July 23, 2013 REFERENCE NO.: **C-26358 LOG NAME: 60CAYLOR GST, DESIGN OF SECOND TANK SUBJECT: Authorize Execution of an Engineering Agreement in the Amount of $422,850.00 with Kimley—Horn and Associates, Inc., for Design and Engineering Services During Construction of the Caylor 5.0 Million Gallon Ground Storage Tank and Associated Site Piping (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 $422,850.00 for design and engineering services during construction of the Caylor 5.0 million gallon ground storage tank and associated site piping. DISCUSSION: On March 19, 2002, (M&C C-19013) the City Council authorized the Water System Master Plan. The Master Plan provides the schedules for major water capital improvement projects through the year 2025. The proposed second Caylor Ground Storage Tank (GST) was identified in the Master Plan and will serve the Northside II pressure plane. This is a major water supply source for three large wholesale customers, the cities of Southlake and Keller and the (future) City of Westlake. This proposed second tank will be located next to the existing Caylor GST, at 1300 Caylor Street North. As part of the scope of work within this Agreement, the Engineer will perform all engineering and design functions necessary for the preparation of construction plans and specifications for this new second Caylor GST. The engineer will also prepare construction estimates, provide bidding services and shop drawing review, and provide engineering services during the construction of this GST. Staff has reviewed the scope and fee, and recommends awarding the contract. In addition to the engineering contract cost of $422,850.00, an additional amount of $50,000.00 is provided for Staff support and time. M/WBE Office — Kimley—Horn and Associates, Inc., is in compliance with the City's BDE ordinance by committing to 25 percent SBE participation. The City's SBE goal on this project is 25 percent. This project is located in COUNCIL DISTRICT 7, Mapsco 8Y. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P265 531200 607180211130 $422.850.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Denartment Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) S. Frank Crumb (8207) Farida Goderya (8214) 1. 152. 60 CAYLOR GST — Design of Second Tank(FAR funds verification)(JCT 6-27-2013).docx 2. 60CAYLOR GST. DESIGN OF SECOND TANK FAR.n df 3. Cavlor GST Site surroundings.ndf 4. SBE Compliance for Design Contract KHI.ndf