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HomeMy WebLinkAboutContract 60506City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 1 of 15 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Kimley-Horn and Associates, Inc. authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: IH30 Linkcrest to IH820 Water & Sanitary Sewer Relocations – Project No. 104518. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $595,000.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. 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. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 2 of 15 Article IV Obligations of the Engineer 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 ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 3 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 4 of 15 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 no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 5 of 15 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City’s Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City’s Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer’s written commitment to meet the prescribed MBE and WBE participation goals. 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 facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 6 of 15 effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such 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. The doctrine of respondeat superior shall not apply. 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 amendment to this AGREEMENT. City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 7 of 15 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 A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. 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. City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 8 of 15 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 The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 9 of 15 I. 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. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions 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 CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 10 of 15 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days’ written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable 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 projected termination expenses. The CITY'S approval shall 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 The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER’s agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 11 of 15 property infringement, or failure to pay a subcontractor or supplier.CITY is entitled to recover its reasonable attorney’s fees in proportion to the ENGINEER’s liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. 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. I. 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. J. 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. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 12 of 15 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY’s or ENGINEER’s respective right to insist upon appropriate performance or to assert any such right on any future occasion. L.Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER’S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N.Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2274 of the City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 13 of 15 Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER’s signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O.Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER’s signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. City of Fort Worth, Texas IH30 from Linkcrest to IH820 W&SS Reloc. Standard Agreement for Engineering Related Design Services City Project No. 104518 Revised Date: November 23, 2021 Page 14 of 15 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 Attachment F – Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Kimley-Horn and Associates, Inc. Dana Burghdoff(No7,2023:07 CST) Dana Burghdoff Assistant City Manager Date: Nov 17, 2023 -------- ATTEST: r;,.� Jannette S. Goodall City Secretary APPROVAL RECOMMENDED: Chtir�het: Hanfet By: Christopher HJ(Nov 17, 2023 06:33 CST) Chris Harder, P. E. Director, Water Department Vice President Date: 11/15/2023 APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2023-1067507 By· � M&C No.: 23-0875 Douglas W Black Sr. Assistant City Attorney M&C Date: 10/17/2023 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. �/2,1� JohKasavich, P.E. Project Manager City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 15 of 15 IH30 from Linkcrest to IH820 W&SS Reloc. City Project No. 104518 ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 1 of 19 ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 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. OBJECTIVES The following utilities are anticipated to be relocated for the TxDOT IH30 Linkcrest to IH820 Water & Sanitary Sewer Relocations project: Item Conflict Location Approximate Length (LF) 1 Conflict ID 10 - Water Line Valve Vault Adjustment IH30 EB Frontage Road at Lost Creek Blvd N/A 2 Conflict ID 40 – Sanitary Sewer Manhole Adjustment IH30 WB Frontage Road at Mary’s Creek N/A 3 Conflict ID 48 – Sanitary Sewer Manhole Adjustments IH30 WB Frontage Road at Wispy Trail N/A 4 Conflict ID 53 & 58 - 24-inch Water Line in 42” Steel Casing IH30 at Chapel Creek Blvd.1,100 Total 1,100 WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permits 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 ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 2 of 19 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 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 12 MWBE reports will be prepared 6 meetings with city staff 2 meetings with the developer 1 meeting with a stakeholder 12 monthly water department progress reports will be prepared 12 monthly project schedule updates will be prepared DELIVERABLES ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 3 of 19 A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes 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. The Conceptual Design Package includes the following scope of services. Graphic exhibits (aerial at a scale of 1” = 40’) for re-alignment options. Identification of potential access routes and easement requirements. Fire line reconnections, if needed ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 4 of 19 Proposed phasing of any water work that is included in this project documented in both the project schedule and narrative form. Documentation of key design decisions. Estimates of probable construction cost. ASSUMPTIONS Four (4) Geotechnical borings are expected for this project. 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. 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: Cover Sheet 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 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 project easement layout sheet(s) with property owner information. Overall project 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. Benchmarks 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 ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 5 of 19 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. The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de- hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. Provide map showing location of new manhole construction at the end of existing sewer segments, 90 degree bends, or tee connections. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract documents shall specify that it is the Contractor’s responsibility to coordinate utility location, etc. manhole construction. 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 included connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. 3.2. Geotechnical Investigation ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 6 of 19 Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor’s use in determining soil conditions for preparing bids and a Trench Safety Plan. 3.3 By Other than Open Cut Installation Prepare trenchless alignments which include entry and exit locations, equipment layout, and other site constraints for the following trenchless crossings: o One (1) Highway/Frontage Road crossings o Analysis of geotechnical bore logs o Assistance in design of proposed by other than open cut installation locations and methods 3.4. 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. 3.5. 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 a PDF file of the approved preliminary plan set to the designated project folder in BIM360 for forwarding to all utility companies which have facilities within the limits of the project. CAD files shall be made available to the utility companies, if requested. 3.6. Cathodic Protection Study Cathodic Protection Design – ENGINEER’s subconsultant will provide Cathodic Protection Design Services for three (3) pipe material alternatives, ductile iron, steel, and bar-wrapped concrete steel cylinder pipe, along the water line alignment. Tasks will include Field Survey, Data Analysis and Lab Work, and Design Recommendations. A report will be prepared that documents test data, analysis, and an opinion of probable construction cost for cathodic protection and interference control systems. 3.7. Traffic Control Plan ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 7 of 19 Develop a traffic control plan utilizing standard traffic reroute configurations posted as “Typicals” on the CITY’s BIM360 site. The Typicals need not be sealed individually, if included in the sealed contract documents. Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. ASSUMPTIONS Zero (0) public meeting(s) will be conducted or attended during the preliminary design phase. Two (2) borings at an average bore depth of twenty-five (25) feet each will be provided. Three (3) pipe materials will be evaluated as part of the Cathodic Protection Study. Traffic Control “Typicals” will be utilized to the extent possible. It is assumed zero (0) additional project specific traffic control sheets will be developed. Three (3) sets of 22 x 34 size plans will be delivered for the Constructability Review. Three (3) sets of 22 x 34 size plans will be delivered for the Preliminary Design (60% design). One (1) set of specifications will be delivered for the Preliminary Design (60% design). PDF files will be uploaded to the designated project folder in BIM360 for each bid package. The CITY’s front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. Zero (0) sets of drawings will be delivered 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. Cathodic Protection Design Recommendations Report (up to 3 copies) C. Geotechnical Report (1 copy) D. Traffic Control Plan E. Estimates of probable construction cost ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 8 of 19 F. 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. Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. Cathodic Protection: Final Design will include Cathodic Protection Design Plans as prepared by ENGINEER’s Cathodic Protection subconsultant. 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. ASSUMPTIONS One (1) virtual (WebEx, or other) public meeting will be attended upon completion of Final Design. ENGINEER will provide up to two (2) exhibits to be included in the virtual presentation for the Public Meeting. Traffic Control “Typicals” will be utilized to the extent possible. It is assumed zero (0) additional project specific traffic control sheets will be developed. Three (3) sets of 22 x 34 size drawings and three (3) sets of 11 x 17 size drawings and one (1) set of specifications will be delivered for the 90% Design package. A PDF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360 for the bid package. Three (3) sets of 22 x 34 size drawings and three (3) specifications will be delivered for the 100% Design package for the bid package. A PDF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360 Final sheet list: cover, index and general notes, shutdown and phasing notes, control and benchmarks, overall location and proposed sheet reference (water), overall existing (water & sanitary sewer) (2), line abandonment ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 9 of 19 (1), proposed easements (0), 2 of plan/profiles, detail sheets (8), erosion control (2), cathodic protection (4), and traffic control (1). DELIVERABLES A. 90% construction plans and specifications. B. Traffic Control Plan C. 100% construction plans and specifications. D. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY’s standard bid items and format. E. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. Contract documents shall be uploaded in a .xls file. Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. The ENGINEER shall sell contract documents 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. ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 10 of 19 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. Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings 1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set.Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example –“W-1956_org47.pdf” where “W-1956” is the assigned file number obtained from the CITY,“_org” designating the file is of an original plan set,“47” shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example –“X-35667_org36.pdf” where “X- 35667” is the assigned file number obtained from the CITY,“_org” designating the file is of an original plan set,“36” shall be the total number of sheets in this file. Example: X-12755_org18.pdf PDF shall be uploaded to the project’s Final Drawing folder in BIM360. ASSUMPTIONS The project will be bid only once and awarded to one contractor. One (1) set of digital construction documents will be made available for plan holders via the City’s purchasing website. ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 11 of 19 Three (3) sets of construction documents will be sold to and made available on City’s Website/BIM 360 for plan holders and/or given to plan viewing rooms. Six (6) sets of 22 x 34 size and six (6) sets of 11 x 17 size drawings plans and six (6) specifications (conformed, if applicable) will be delivered to the CITY. PDF, DWF and DWG files will be uploaded to BIM360. DELIVERABLES A. Addenda B. Bid tabulations C. CFW Data Spreadsheet D. Recommendation of award E. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. Name Anticipated Construction Duration Months of Construction in This Contract Submittal Review: CITY/KHA Construction Services Activity: IH-30 Linkcrest 6 Mo. 6 Mo. KHA Weekly 6.1 Public Meeting A. The CITY shall be responsible for establishing the location and mailing the invitation for the public meeting. B. Attend one (1) Public Meetings for each PROJECT Part. C. Prepare up to two (2) exhibits for each PROJECT Part for use in the public meeting. 6.2 Construction Support A. The ENGINEER will provide professional construction phase services to the CITY during construction of this project. The estimated construction period of the project is six (6) months for the basis of establishing the ENGINEER’s Fee. The construction phase services are as follows: 1. Pre-Construction Conference a. Prepare for and attend a pre-construction conference prior to commencement of Work at the Site 2. Visits to Site and Construction Observation – The ENGINEER will provide on-site construction observation services during the construction phase. ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 12 of 19 The ENGINEER will make visits at intervals as directed by the CITY in order to observe the progress of the Work. Such visits and observations by the ENGINEER 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 the ENGINEER’s exercise of professional judgment. Based on information obtained during such visits and such observations, the ENGINEER will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and the ENGINEER will keep the CITY informed of the general progress of the Work. The purpose of the ENGINEER’s site visits will be to enable the ENGINEER to better carry out the duties and responsibilities specifically assigned in this Agreement to the ENGINEER, and to provide the CITY a greater degree of confidence that the completed Work will conform in general to the Contract Documents. The 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 the 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 with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, the 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. 3. Recommendations with Respect to Defective Work a. Provide recommendations to CITY that Contractor’s work be disapproved and rejected while it is in progress if, on the basis of site visit evaluations, the ENGINEER believes such work will not produce a completed Project that conforms generally to 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. Notwithstanding the foregoing, the CITY reserves the right to disapprove or reject Contractor’s work without a recommendation from the ENGINEER. 4. Clarifications and Interpretations a. Issue necessary clarifications and interpretations of the Contract Documents to CITY as appropriate to the orderly completion of Contractor’s work. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Any orders authorizing variations from the requirements of the Contract Documents will be made by CITY. ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 13 of 19 5. Change Orders a. Recommend change orders to CITY, as appropriate. a. Review and make recommendations related to Change Orders submitted or proposed by the Contractor. 6. Shop Drawings and Samples a. 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 and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 7. Substitutes and “or-equal” a. 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. b. Provide recommendations to the CITY 8. Material Testing Coordination and Evaluation a. Maintain Report Log b. ENGINEER will maintain a log of test results as they are received. c. Coordination with Testing Lab and City d. ENGINEER will coordinate with Testing Lab regarding any discrepancies as well as timing of proposed testing. ENGINEER will notify CITY of failed tests. e. Review of Testing Reports f. ENGINEER will review materials testing reports as they are received to determine conformance with the Construction Contract Documents, and whether further clarification is required from the Testing Lab. g. Limitation of Responsibilities h. ENGINEER shall not be responsible for the acts or omissions of the City’s testing lab. ENGINEER shall not have the authority or responsibility to direct the work of the City’s testing lab 9. Disagreements between CITY and Contractor a. As necessary, the ENGINEER will, with reasonable promptness, render initial written decision on all claims of the CITY and Contractor relating ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 14 of 19 to the acceptability of Contractor’s work or the interpretation of the requirements of the Contract Documents pertaining to the progress of the Contractor’s work. In rendering such decisions, the ENGINEER will be fair and not show partiality to the CITY or Contractor and will not be liable in connection with any decision rendered in good faith in such capacity. The initial decision of the ENGINEER shall be required as a condition precedent to mediation or litigation of any claim arising prior to the date final payment is due to the Contractor, unless thirty (30) days have passed after a claim has been referred to the ENGINEER with no decision having been rendered. 10. Final Walkthrough and Punchlist Preparation a. Attend final walkthrough with Contractor and the CITY to determine if the completed work of Contractor is generally in accordance with the Contract Documents. b. Limitation of Responsibilities: 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 entity performing or furnishing the work. The ENGINEER will not have the authority or responsibility to stop the work of any Contractor. c. Compile punch list from information gathered during final walkthrough with the CITY and Contractor. 11.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. 6.3 Record Drawings A. The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction B. 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 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. C. The following disclaimer shall be included with the Record Drawing stamp: 1. 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. ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 15 of 19 D. The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for 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. E. PDF files shall be uploaded to the project’s Record Drawings folder in BIM360. 6.4 ASSUMPTIONS A. One (1) construction contract will be awarded for each Project Part. B. ENGINEER will provide up to two (2) exhibits for one (1) virtual public meeting for each contract and prepare a listing of names and addresses of residents and businesses affected by the project. C. Two (2) RFI’s are assumed for each contract. D. One (1) Change Orders are assumed for each contract. E. Thirty (30) Shop Drawings reviews are assumed for each contract. F. One (1) evaluation of substitutes is included for each contract. G. Six (6) Site Observation Visits are assumed. H. One (1) PDF copy of full size (22”x34”) record drawing plans will be delivered to the CITY for each construction contract. 6.5 Deliverables A. Public meeting exhibits B. Responses to Contractor’s Requests for Information C. Review of Change Orders D. Review of shop drawings E. Record Drawings on PDF TASK 7. 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. 7.1. 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. ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 16 of 19 7.2. 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 BIM360 site. 7.3. 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 landowners 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 BIM360 site. ASSUMPTIONS Four (4) easements or right-of-way documents will be necessary. Two (2) Temporary right-of-entry documents will be necessary. 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 TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. 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 ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 17 of 19 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 6-in and larger (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. Bearings given on all proposed centerlines, or baselines. Station equations relating utilities to paving, when appropriate. 8.2. 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. ASSUMPTIONS Topographic survey at intersection will include no more than 100 ft. in each direction. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 18 of 19 B. Drawing of the project layout with dimensions and coordinate list. TASK 9. Permits 9.1 Texas Department of Transportation (TxDOT) Permit Texas Department of Transportation (TxDOT) Permitting ENGINEER will prepare and coordinate submittal of one utility permit applications for the FM-156 at Cantrell-Sansom water line replacement crossing FM-156 in accordance with TxDOT requirements. CITY will file permit using TxDOT’s online permitting process, utilizing plans prepared by the ENGINEER. ENGINEER will include executed permits in contract documents for bidding. ENGINEER will assist the City with the TxDOT Advanced Funding Agreement (AFA). ATTACHMENT A DESIGN SERVICES FOR IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS CITY PROJECT NO.: 104518 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 19 of 19 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. Services related to development of the CITY’s project financing and/or budget. Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. Construction management and inspection services Periodic site visits during construction phase Design phase public meetings 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 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. Construction Shop drawing review, samples and other submittals submitted by the contractor. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. EXHIBIT “B-1” ENGINEER INVOICE (Supplement to Attachment B) Design Services for IH30 Linkcrest to IH820 Water & Sanitary Sewer Relocations City Project No. 104518 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $595,000.00 as summarized in Exhibit B-1 – Engineer Invoice and Section IV – Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City’s approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth’s Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. 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. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 2 of 4 B-2 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. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 3 of 4 B-3 IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kimley-Horn and Associates, Inc. Design Management, Conceptual Design, Preliminary Design, Final Design and Bidding $392,283 65.9 Proposed MBE/SBE Sub-Consultants Gorrondona & Associates, Inc. Survey $49,612 8.3 The Rios Group Subsurface Utility Engineering $17,700 3.0 Non-MBE/SBE Sub-Consultants CMJ, Inc. Geotechnical Investigation $29,000 4.9 Bennett Trenchless Engineers Structural Engineering $89,820 15.1 Black Mesa Engineering & Consulting, PLLC Cathodic Design $16,585 2.8 TOTAL 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE % CPN 104518 – IH30 Linkcrest to IH820 Water & Sanitary Sewer Relocations $595,000 $67,312 11.3% City MBE/SBE Goal = 10% Consultant Committed Goal = 10% EXHIBIT “B-1” ENGINEER INVOICE (Supplement to Attachment B) City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 4 of 4 B-4 Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. Professional Services InvoiceProject Manager:SummaryProject:City Project #:104518City Sec Number:Supplier Instructions:Fill in green cells including Invoice Number, From and To Dates and the included worksheets.Company Name:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to theConsultant folder within Project's folder.Supplier's PM:Ryne Spiceremail:Supplier Invoice #:Office Address:Payment Request #:Telephone:Service Date:FromFax:Service Date:ToInvoice Date:Remit Address:SheetAgreementAmountAmendmentAmountPercentSpent($) InvoicedPreviouslyCurrentInvoiceRemainingBalanceWork Type 1$498,800.00 $498,800.00$498,800.00Work Type 2$96,200.00 $96,200.00$96,200.00Work Type 3Work Type 4Work Type 5Work Type 6Totals This Invoice$595,000.00$595,000.00$595,000.00Overall Percentage Spent:FID and Work Type DescriptionWaterSewerIH30 Linkcrest to IH820 Water & Sanitary Sewer RelocationsJohn KasavichKimley-Horn and Associates, Inc.AgreementAmount toDateRyne.Spicer@kimley-horn.com801 Cherry St., Unit 11 Suite 1300, Fort Worth, TX 76102682-348-7298817-335-5070P.O. Box 951640, Dallas, Texas 75395-1640LTDCompletedAmount Professional Services InvoiceProject Manager:FALSEProject:16 - Hydraulic Assesment(s)16 - Hydraulic Assesment(s)City Project #:10451830 - DesignWork Type Desc:Supplier Instructions:31 - Conceptual DesignFID:32 - Preliminary DesignCity Sec Number:Fill in green cells including Percent Complete and Invoiced Previously Quanities32 - Geotech ReportPurchase Order:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the33 - Final DesignConsultant folder within Project's folder.33 - PrintingCompany Name:33 - Other Reimbursibles42 - Negotiations/Easements/Legal Fees51 - Preliminary SurveySupplier's PM:Ryne Spiceremail:52 - Construction StakingSupplier Invoice #:Office Address:80 - ConstructionPayment Request #:Telephone:81 - Construction ReimbursementsService Date:FromFax:84 - Material/Soil TestingService Date:To85 - Construction ServicesInvoice Date:RemitAddress:93 - MappingTo Add more use insertPay ItemsAgreementAmountAmendmentNumberAmendmentAmountPercentSpent($) InvoicedPreviouslyCurrentInvoiceRemainingBalance$.00Totals This Unit:Overall Percentage Spent:LTDCompletedAmountJohn KasavichAgreementAmount toDate30 - DesignRyne.Spicer@kimley-horn.com801 Cherry St., Unit 11 Suite 1300, Fort Worth, TX 76102682-348-7298817-335-5070P.O. Box 951640, Dallas, Texas 75395-1640IH30 Linkcrest to IH820 Water & Sanitary Sewer RelocationsKimley-Horn and Associates, Inc.Description Professional Services InvoiceProject Manager:FALSEProject:16 - Hydraulic Assesment(s)16 - Hydraulic Assesment(s)City Project #:10451830 - DesignWork Type Desc:Supplier Instructions:31 - Conceptual DesignFID:32 - Preliminary DesignCity Sec Number:Fill in green cells including Percent Complete and Invoiced Previously Quanities32 - Geotech ReportPurchase Order:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the33 - Final DesignConsultant folder within Project's folder.33 - PrintingCompany Name:33 - Other Reimbursibles42 - Negotiations/Easements/Legal Fees51 - Preliminary SurveySupplier's PM:Ryne Spiceremail:52 - Construction StakingSupplier Invoice #:Office Address:80 - ConstructionPayment Request #:Telephone:81 - Construction ReimbursementsService Date:FromFax:84 - Material/Soil TestingService Date:To85 - Construction ServicesInvoice Date:RemitAddress:93 - MappingTo Add more use insertPay ItemsAgreementAmountAmendmentNumberAmendmentAmountPercentSpent($) InvoicedPreviouslyCurrentInvoiceRemainingBalance$96,200.00 $96,200.00 $96,200.00Totals This Unit:$96,200.00$96,200.00$96,200.00Overall Percentage Spent:LTDCompletedAmountJohn KasavichAgreementAmount toDate30 - DesignRyne.Spicer@kimley-horn.com801 Cherry St., Unit 11 Suite 1300, Fort Worth, TX 76102682-348-7298817-335-5070P.O. 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Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. EXHIBIT B-3 Engineer's Opinion of Probable Construction Cost Design Services for IH-30 Linkcrest to IH-820 Water and Sanitary Sewer Relocations City Project No. 104518 No Design Completed Preliminary Design Final Design K:\FTW_Marketing\Fort_Worth\2022_IH-30-Linkcrest-to-IH-820\WKS\OPCC_IH-30-Linkcrest-to-IH-820-R2-Condensed.xlsx Client: City of Fort Worth Date: 7/17/2023 Project: IH-30 Linkcrest to IH-820 Water and Sanitary Sewer Relocations Prepared By: CTD KHA No.: Checked By: CTD Title:Conflicts 53 & 58 - 24" Water Line Relocation Line No. Description Quantity Unit Unit Price Cost 1 3311.0644 24" Water Pipe (Restrained Joints)*33 11 10, 33 11 12, 33 100 LF $400.00 $40,000 2 9999.0001 42" HDPE Pipe IPS X.X Installed by HDD 99 99 99 1,000 LF $1,500.00 $1,500,000 3 9999.0002 24" HDPE Pipe IPS X.X Installed by HDD 99 99 99 1,000 LF $1,200.00 $1,200,000 4 3311.0142 6" Water Pipe, CSS Backfill* 33 11 10, 33 11 12 20 LF $90.00 $1,800 5 3312.3008 24" Gate Valve w/ Vault* 33 12 20 2 EA $50,000.00 $100,000 6 3312.3002 6" Gate Valve* 33 12 20 1 EA $2,000.00 $2,000 7 0241.1001 Water Line Grouting 02 41 14 90 CY $300.00 $27,000 8 0241.1209 24" Water Abandonment Plug 02 41 14 2 EA $4,000.00 $8,000 9 0241.1109 24" Pressure Plug 02 41 14 0 EA $5,000.00 $0 10 3304.0002 Cathodic Protection 33 04 12 1 EA $50,000.00 $50,000 11 0241.1351 Salvage 16" Water Valve 02 41 14 1 EA $2,000.00 $2,000 12 0241.1510 Salvage Fire Hydrant 02 41 14 0 EA $1,500.00 $0 13 3312.0001 Fire Hydrant 33 12 40 1 EA $3,500.00 $3,500 14 3312.0106 Connection to Existing 16" Water Main 33 12 25 1 EA $25,000.00 $25,000 15 3312.0107 Connection to Existing 20" Water Main 33 12 25 1 EA $28,000.00 $28,000 16 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 5 TON $8,500.00 $42,500 17 3201.0128 12' Wide Asphalt Pvmt Repair, Arterial 32 01 17 0 LF $150.00 $0 18 3201.0400 Temporary Asphalt Paving Repair 32 01 18 100 LF $400.00 $40,000 19 3201.0614 Conc Pvmt Repair, Residential 32 01 29 300 SY $100.00 $30,000 20 3216.0101 6" Conc Curb and Gutter 32 16 13 100 LF $10.00 $1,000 21 3305.0112 Concrete Collar 33 05 17 0 EA $500.00 $0 22 3312.6003 8" Blow Off Valve 33 12 60 0 EA $15,000.00 $0 23 3312.1003 3" Combination Air Valve Assembly for Water 33 12 30 0 EA $35,000.00 $0 24 3305.0106 Manhole Adjustment, Major 33 05 14 0 EA $4,000.00 $0 25 3305.0108 Miscellaneous Structure Adjustment 33 05 14 0 EA $25,000.00 $0 26 3305.0111 Valve Box Adjustment 33 05 14 0 EA $1,500.00 $0 27 3305.0103 Exploratory Excavation of Existing Utilities 33 05 30 0 EA $2,000.00 $0 28 3305.0110 Utility Markers 33 05 26 2 EA $7,000.00 $14,000 29 3305.0109 Trench Safety 33 05 10 120 LF $10.00 $1,200 30 3292.0400 Seeding, Hydromulch 32 92 13 0 SY $5.00 $0 31 3125.0101 SWPPP 1 acre 31 25 00 1 EA $5,000.00 $5,000 32 0171.0101 Construction Staking 01 70 00 1 EA $10,000.00 $10,000 33 0171.0102 As-Built Survey 01 70 00 1 EA $5,000.00 $5,000 34 3471.0001 Traffic Control 34 71 13 2 MO $5,000.00 $10,000 Subtotal: $3,146,000 Conting. (%,+/-) 30 $944,000 Total Construction $4,090,000 The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. *All materials shall use domestically manufactures products that are composed predominatelyof steel and/or iron to incorporate into the permanent installation of the utility facility - in compliance with the Buy America provisions of 23 CFR 635.410 as amended. EXHIBIT B-3 Engineer's Opinion of Probable Construction Cost Design Services for IH-30 Linkcrest to IH-820 Water and Sanitary Sewer Relocations City Project No. 104518 No Design Completed Preliminary Design Final Design K:\FTW_Marketing\Fort_Worth\2022_IH-30-Linkcrest-to-IH-820\WKS\OPCC_IH-30-Linkcrest-to-IH-820-R2-Condensed.xlsx Client: City of Fort Worth Date: 7/17/2023 Project: IH-30 Linkcrest to IH-820 Water and Sanitary Sewer Relocations Prepared By: CTD KHA No.: Checked By: CTD Title:Conflict 40 - 36" SS Manhole Adjustments Line No. Description Quantity Unit Unit Price Cost 1 3305.0106 Manhole Adjustment, Major 33 05 14 2 EA $6,000.00 $12,000 2 3305.0109 Trench Safety 33 05 10 20 LF $10.00 $200 3 3292.0400 Seeding, Hydromulch 32 92 13 600 SY $5.00 $3,000 4 3125.0101 SWPPP 1 acre 31 25 00 1 EA $1,000.00 $1,000 5 0171.0101 Construction Staking 01 70 00 1 EA $1,000.00 $2,000 6 0171.0102 As-Built Survey 01 70 00 1 EA $1,000.00 $2,000 7 3471.0001 Traffic Control 34 71 13 0 MO $5,000.00 $0 Subtotal: $20,200 Conting. (%,+/-) 30 $9,800 Total Construction $30,000 *All materials shall use domestically manufactures products that are composed predominatelyof steel and/or iron to incorporate into the permanent installation of the utility facility - in compliance with the Buy America provisions of 23 CFR 635.410 as amended. The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. EXHIBIT B-3 Engineer's Opinion of Probable Construction Cost Design Services for IH-30 Linkcrest to IH-820 Water and Sanitary Sewer Relocations City Project No. 104518 No Design Completed Preliminary Design Final Design K:\FTW_Marketing\Fort_Worth\2022_IH-30-Linkcrest-to-IH-820\WKS\OPCC_IH-30-Linkcrest-to-IH-820-R2-Condensed.xlsx Client: City of Fort Worth Date: 7/17/2023 Project: IH-30 Linkcrest to IH-820 Water and Sanitary Sewer Relocations Prepared By: CTD KHA No.: Checked By: CTD Title:Conflict 48 - 15" SS Manhole Adjustment Line No. Description Quantity Unit Unit Price Cost 1 3305.0106 Manhole Adjustment, Major 33 05 14 1 EA $6,000.00 $6,000 2 3305.0109 Trench Safety 33 05 10 10 LF $10.00 $100 3 3292.0400 Seeding, Hydromulch 32 92 13 300 SY $5.00 $1,500 4 3125.0101 SWPPP 1 acre 31 25 00 1 EA $1,000.00 $1,000 5 0171.0101 Construction Staking 01 70 00 1 EA $1,000.00 $2,000 6 0171.0102 As-Built Survey 01 70 00 1 EA $1,000.00 $2,000 7 3471.0001 Traffic Control 34 71 13 0 MO $5,000.00 $0 Subtotal: $12,600 Conting. (%,+/-) 30 $7,400 Total Construction $20,000 *All materials shall use domestically manufactures products that are composed predominatelyof steel and/or iron to incorporate into the permanent installation of the utility facility - in compliance with the Buy America provisions of 23 CFR 635.410 as amended. The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. EXHIBIT B-3 Engineer's Opinion of Probable Construction Cost Design Services for IH-30 Linkcrest to IH-820 Water and Sanitary Sewer Relocations City Project No. 104518 No Design Completed Preliminary Design Final Design K:\FTW_Marketing\Fort_Worth\2022_IH-30-Linkcrest-to-IH-820\WKS\OPCC_IH-30-Linkcrest-to-IH-820-R2-Condensed.xlsx ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS City Project No. 104518 NO CHANGES City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 "_ N Z O F a U O J W � � ,� W � o N d � za �� N �s a a � T o2,{ V � W �a �3 v E N s o0 R = Q � H � � I.IJ � Y Z J i _ "_ x v _� .r r � ► . �� ,� L � m 0 � o � o a � u � O x w -a � O M M � (O a N M W � M � � � � M M M M (h M M M (h M N M � (h � � N N N N N N N N M N N N M N N N N m 7 7 7 7 � � N 7 N CO N O N N N N N M 1\ M N I� M (`� �y � � � o 0 0 ` � o � O � p N p O � � � � p � s 3 � GI N N N N N N N N N N 3 _ C � Ul LL t o � � � � � � � � � � � o � - � � � � � � � � � � � � � � � � � 3 M M M M M M N N N N N N N N M (`� N N N M N N M N M � V V V � � � N N � ln � N p N N N N N N N N N N � oo N N N � M M N � � O O O O O O O O O � N O p O O t' � � N N N N '6 'O "6 "6 "6 'p 'O � � � C � � � � F F � � � � � � � � � �i � F � � >. 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O � � a � � ATTACHMENT “E” LOCATION MAP IH30 Linkcrest to IH820 Water & Sanitary Sewer Relocations City Project No. 104518 ATTACHMENT "F" CERTIFICATE OF INSURANCE Design Services for IH30 LINKCREST TO IH820 WATER & SANITARY SEWER RELOCATIONS City Project No. 104518 INSR ADDL SUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) TM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins Co of Pittsburg Allied World Assurance Co (U.S.) Inc. New Hampshire Insurance Company Lloyd's of London 3/28/2023 Edgewood Partners Ins. Center 3780 Mansell Rd. Suite 370 Alpharetta, GA 30022 Jerry Noyola 770-220-7699 greylingcerts@greyling.com Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 19445 19489 23841 085202 23-24 A X X X Contractual Liab X X GL5268169 04/01/2023 04/01/2024 2,000,000 1,000,000 25,000 2,000,000 4,000,000 4,000,000 A A X X X CA4489663 (AOS) CA2970071 (MA) 04/01/2023 04/01/2023 04/01/2024 04/01/2024 2,000,000 B X X X X 10,000 03127930 04/01/2023 04/01/2024 5,000,000 5,000,000 C C N WC015893685 (AOS) WC015893686 (CA) 04/01/2023 04/01/2023 04/01/2024 04/01/2024 X 1,000,000 1,000,000 1,000,000 D Professional Liab B0146LDUSA2304949 04/01/2023 04/01/2024 Per Claim $2,000,000 Aggregate $2,000,000 Re: All Projects. The City of Fort Worth, its employees, officers, officials, agents & volunteers are named as Additional Insureds with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers compensation & professional liability are primary & non-contributory where required by written contract. Retroactive Date: 10/02/1967. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 (See Attached Descriptions) City of Fort Worth 200 Texas Street Fort Worth, TX 76102-0000 1 of 2#S5417889/M5396840 KIMLASSClient#: 238109 JNO02 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. 2 of 2 #S5417889/M5396840 POLICY NUMBER: G�5268�69 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizationls) Locationls) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II 6 Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 � Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 � Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: G�5268�69 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the personls) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 � Insurance Services Office, Inc., 2018 Page 1 of 1 This endorsement, effective 12:01 AM forms a part of Policy No. Issued to By (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Schedule 1. ( ) 2. Operations: 3. Premium: 4. Advance Premium: Specific Waiver ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Name of person or organization Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, October 17, 2023 REFERENCE NO.: **M&C 23-0875 LOG NAME: 601H30LINKCRESTIH820-KHA SUBJECT: (CD 3) Authorize Execution of an Engineering Agreement with Kimley-Horn and Associates Inc., in the Amount of $595,000.00 for the Interstate Highway-30 from Linkcrest Drive to Interstate Highway-820 Water and Sanitary Sewer Main Relocations Project, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an engineering agreement with Kimley-Horn and Associates, Inc. in the amount of $595,000.00 for the Interstate Highway-30 from Linkcrest Drive to Interstate Highway-820 Water and Sanitary Sewer Main Relocations Project; 2. Adopt the attached Resolution expressing official intent to reimburse expenditures with proceeds of future debt for the Interstate Highway-30 from Linkcrest Drive to Interstate Highway-820 Water and Sanitary Sewer Main Relocations Project; and 3. Adopt the attached appropriation ordinance adjusting appropriations in the Water & Sewer Commercial Paper Fund by increasing appropriations in the Interstate Highway-30 from Linkcrest Drive to Interstate Highway-820 Water and Sanitary Sewer Main Relocations Project (City Project No. 104518) in the amount of $715,000.00 and decreasing appropriations in the W&S Commercial Paper project (City Project No. UCMLPR) by the same amount, to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: The Texas Department of Transportation (TXDOT) proposes to reconstruct and widen Interstate Highway (IH)-30 from Linkcrest Drive to IH-820. This project has also been identified and specifically listed in Mobility 2040: The Metropolitan Transportation Plan for North Central Texas, developed by North Central Texas Council Of Governments. Due to conflicts with the proposed roadway and drainage construction, water and sanitary sewer main relocations and adjustments are necessary along the IH-30 corridor. Kimley-Horn and Associates, Inc. proposes to provide the necessary design and project management services for a lump sum fee of $595,000.00. Staff considers the proposed fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $120,000.00 (Water: $90,000.00, Sewer: $30,000.00) is required for staff project management costs, real property acquisitions, material testing and inspection. This project will have no impact on the Water Department operating budget when complete. This project is anticipated to be included in a future revenue bond issue for the Water & Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. Under federal law, debt must be issued within approximately three years in order for these expenses to be reimbursable. Adoption of the attached resolution does not obligate the City to sell bonds, but preserves the ability to reimburse itself from tax-exempt bond proceeds. It is the practice of the Water Department to appropriate its Capital Improvement Program (CIP) plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2024- 2028 Capital Improvement Program, as follows: 601H30LINKCRESTIH820-KHA Capital Budget Revised Fund Project FY2023 CIP Authority Change � FY2023 Name Name Appropriations (Increase/ gud et Decrease) g 104518 — IH30 Fund Linkcrest 56022 IH820 $0.00 This M&C $715,000.00 $715,000.00 Commercial W/SS Paper Relo Project Funding for the IH-30 from Linkcrest Drive to IH-820 Water and Sanitary Sewer Main Relocations Project is depicted below: Fund Appropria gons Additional Appropriations Project Total* W&S Commercial Paper— $0.00 $715,000.00 $715,000.00 Fund 56022 Project $0.00 $715,000.00 $715,000.00 Total *Numbers rounded for presentation purposes. Funding will be available in the Water DepartmenYs W&S Commercial Paper Fund project within the W&S Commercial Paper Fund for the purpose of funding the IH-30 from Linkcrest Drive to IH-820 Water and Sanitary Sewer Main Relocations Project. Business Equity: Kimley-Horn and Associates, Inc., is in compliance with the City's Business Equity Ordinance by committing to 10 percent MWBE participation on this project. The City's MWBE goal on this project is 10 percent. This project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the W&S Commercial Paper Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Commercial Paper Fund for the IH30 Linkcrest IH820 W/SS Relo Project to support the above recommendations and execution of the contract. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs).: TO Fund Department Account roject Progra Am ctivity Budget Reference # moun ID � I� � Year (Chartfield 2) FROM Fund Department ID coun� Project Progra ID Budget Year Reference # �P►mou Chartfield 21 � CERTIFICATIONS: Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Dana Burghdoff (8018) Chris Harder (5020) John Kasavich (8480) ATTACHMENTS 1. 601H30LINKCRESTIH820-KHA M&C Map.pdf (Public) 2. 601H30LINKCRESTIH820-KHA Compliance Memo.pdf (CFW Internal) 3. 601H30LINKCRESTIH820-KHA FID Table (WCF 09.06.23).xlsx (CFW Internal) 4. 601H30LINKCRESTIH820-KHA Form 1295.pdf (CFW Internal) 5. Entitylnformation-KIMLEY HORN.pdf (CFW Internal) 6. ORD.APP 601H30LINKCRESTIH820-KHA 56022 A023(r3).docx (Public) 7. PBS CPN 104518.pdf (CFW Internal) 8. 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